Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 19, 2021 |
signed chap.58 |
Apr 07, 2021 |
delivered to governor |
Apr 06, 2021 |
returned to senate passed assembly ordered to third reading rules cal.53 substituted for a3008c referred to ways and means delivered to assembly passed senate ordered to third reading cal.648 |
Mar 29, 2021 |
print number 2508c |
Mar 29, 2021 |
amend (t) and recommit to finance |
Mar 13, 2021 |
print number 2508b |
Mar 13, 2021 |
amend (t) and recommit to finance |
Feb 24, 2021 |
print number 2508a |
Feb 24, 2021 |
amend (t) and recommit to finance |
Jan 20, 2021 |
referred to finance |
Senate Bill S2508C
Signed By Governor2021-2022 Legislative Session
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 6, 2021
aye (43)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- May
- Mayer
- Myrie
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
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Apr 6, 2021 - Finance Committee Vote
S2508C16Aye7Nay0Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2021-S2508 - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2508 - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M)
2021-S2508 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2508 A. 3008 S E N A T E - A S S E M B L Y January 20, 2021 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the vehicle and traffic law and the general business law, in relation to penalties for commercial vehicles on parkways and penalties for overheight vehicles and to preventing bridge strikes (Part A); to amend the penal law and the vehicle and traffic law, in relation to transportation worker safety (Subpart A); to amend the vehicle and traffic law and the highway law, in relation to highway clearance (Subpart B); to amend the vehicle and traffic law, in relation to increased fines for injury to pedestrians (Subpart C); and to amend the vehicle and traffic law, in relation to work zone safety and outreach (Subpart D) (Part B); to amend the public authorities law, in relation to electronic bidding (Part C); to amend the public authorities law, in relation to the minimum amount for a procurement contract (Part D); to amend the penal law, in relation to including the intentional use of any toll highway, parkway, road, bridge or tunnel or entry into or remaining in a tolled central business district without payment of the lawful toll or charge as a theft of services; and to amend the vehicle and traffic law, in relation to the penalty imposed upon the operator of a vehicle with an altered or obscured license plate while on a toll highway, bridge or tunnel (Part E); to amend the public authorities law, in relation to procurements conducted by the New York City transit authority and the metropolitan transportation authority; to amend part OO of chapter 54 of the laws of 2016, amending the public authorities law relating to procurements by the New York City transit authority and the metropolitan transpor- tation authority, in relation to the effectiveness thereof; and to repeal certain provisions of the public authorities law relating ther- eto (Part F); to amend the public authorities law, in relation to metropolitan transportation authority capital projects and utility relocations (Part G); to amend the public authorities law, in relation to the use and occupancy of streets for transportation projects (Part
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-01-1 S. 2508 2 A. 3008 H); to amend the penal law, in relation to assaulting or harassing certain employees of a transit agency or authority (Part I); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part J); to amend the urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); to amend the multiple dwelling law, in relation to temporary rules for certain multiple dwelling units used as joint living-work quarters; and providing for the repeal of such provisions upon expiration thereof (Part L); to amend section 3 of part S of chapter 58 of the laws of 2016, relating to trans- ferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, in relation to the effectiveness thereof (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expe- dited service, in relation to the effectiveness thereof (Part N); to amend the business corporation law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law and the real property law, in relation to service of process (Part O); to amend the executive law, in relation to authoriz- ing remote notarization (Part P); to amend the environmental conserva- tion law, the executive law, and the public service law, in relation to making technical amendments related to the office of renewable energy siting (Part Q); in relation to the eligibility of certain renewable energy credits for purposes of compliance with local build- ing emissions requirements; and providing for the repeal of such provisions upon the expiration thereof (Part R); to amend the public authorities law, in relation to powers of the New York convention center operating corporation (Part S); to amend part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restruc- turing bonds to refinance the outstanding debt of the Long Island power authority, in relation to the utility debt securitization authority; and in relation to permitting the issuance of securitized restructuring bonds to finance system resiliency costs (Part T); to amend the economic development law, in relation to recharge New York power for eligible small businesses and not-for-profit corporations (Part U); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing the power authority of the state of New York to form a pure captive insurance company (Part V); to authorize the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); to amend the environmental conservation law and the state finance law, in relation to hunting; and to repeal certain provisions of the environmental conservation law relating thereto (Part X); to amend the environmental conservation law, in relation to prohibiting plastic carryout bags (Part Y); to authorize the county of Nassau, to permanently and tempo- rarily convey certain easements and to temporarily alienate certain S. 2508 3 A. 3008 parklands (Subpart A); to authorize the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands (Subpart B); and to authorize the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporar- ily alienate certain parklands (Subpart C) (Part Z); to amend the tax law, in relation to extending certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); to authorize the grant of certain easements to AlleCatt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest in the county of Allegany; and providing for the repeal of such provisions upon the expiration thereof (Part BB); to amend chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", in relation to the effectiveness thereof (Part CC); in relation to establishing the "rail advantaged housing act" (Part DD); to amend the public authorities law, in relation to the clean energy resources development and incentives program (Part EE); to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; and to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assistance fee (Part FF); to amend the vehicle and traffic law, in relation to requiring persons to use one hand while operating a motor vehicle, unless such vehicle is engaged to perform steering function; and to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the required submission of a report on the demonstrations and tests of motor vehicles equipped with autonomous vehicle technolo- gy; and in relation to the effectiveness thereof (Part GG); to amend the vehicle and traffic law and the state finance law, in relation to temporarily requiring the department of motor vehicles to collect a one dollar convenience fee for modernization of information technology used by the department; and providing for the repeal of such provisions upon expiration thereof (Part HH); to amend chapter 58 of the laws of 2012, amending the public health law, relating to author- izing the dormitory authority to enter into certain design and construction management agreements, in relation to the effectiveness thereof (Part II); to amend the insurance law, in relation to unau- thorized providers of health services; and to authorize the super- intendent of financial services to convene a motor vehicle insurance task force to examine alternatives to the no-fault insurance system and deliver a report relating thereto (Part JJ); to repeal section 410 of the economic development law; and to amend the public authorities law, in relation to authorizing the department of economic development to designate centers for advanced technology program (Part KK); to amend the banking law, in relation to the forbearance of residential mortgage payments (Part LL); establishing the COVID-19 emergency eviction and foreclosure prevention for tenants and owners of commer- cial real property act of 2021; relating to a temporary stay of eviction proceedings of commercial tenants; and providing for the repeal of certain provisions upon expiration thereof (Subpart A); and relating to a temporary stay of mortgage foreclosure proceedings for commercial or multi-family real property; and providing for the repeal of certain provisions upon expiration thereof (Subpart B)(Part MM); to S. 2508 4 A. 3008 amend subpart H of part C of chapter 20 of the laws of 2015, appropri- ating money for certain municipal corporations and school districts, in relation to funding to local government entities from the urban development corporation (Part NN); to amend chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, in relation to making such provisions permanent; to amend the public service law, the public authorities law and the general business law, in relation to issuing a moratorium on utility termination of services; and providing for the repeal of certain provisions of the public service law relating thereto (Part OO); to amend the general obligations law, in relation to the discontinuance of the London interbank offered rate (Part PP); to amend the general business law, in relation to broadband service for low-income consum- ers (Part QQ); to amend the public authorities law, in relation to authorizing the dormitory authority of the state of New York to enter into certain loans (Part RR); to amend the New York state medical care facilities finance agency act, in relation to the ability to issue certain bonds and notes (Part SS); and to amend the economic develop- ment law and the tax law, in relation to establishing the small busi- ness return-to-work tax credit program (Subpart A); to amend the economic development law and the tax law, in relation to establishing the restaurant return-to-work tax credit program (Subpart B); and to amend the tax law and the state finance law, in relation to establish- ing the New York city musical and theatrical production tax credit (Subpart C) (Part TT) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through TT. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and traffic law, as amended by section 1 of part B of chapter 58 of the laws of 2020, are amended to read as follows: (h) Notwithstanding the provisions of subdivisions (b) and (c) of this section, a person convicted of a traffic infraction for a violation of any ordinance, order, rule, regulation or local law adopted pursuant to one or more of the following provisions of this chapter: paragraphs two and nine of subdivision (a) of section sixteen hundred twenty-one; subdivision three of section sixteen hundred thirty; or subdivision five of section seventy-one of the transportation law, prohibiting the opera- S. 2508 5 A. 3008 tion on a highway or parkway of a motor vehicle registered as a commer- cial vehicle and having a gross vehicle weight rating of at least ten thousand pounds but no more than twenty-six thousand pounds shall, for a first conviction thereof, be punished by a fine of not more than [three hundred fifty] ONE THOUSAND dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [seven] ONE THOUSAND FIVE hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [one] TWO thousand FIVE HUNDRED dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment; provided, however, the provisions of this subdi- vision shall not apply to a commercial motor vehicle as such term is defined in paragraph (a) of subdivision four of section five hundred one-a of this chapter. (i) Notwithstanding the provisions of subdivisions (b) and (c) of this section, a person convicted of a traffic infraction for a violation of any ordinance, order, rule, regulation or local law adopted pursuant to one or more of the following provisions of this chapter: paragraphs two and nine of subdivision (a) of section sixteen hundred twenty-one; subdivision three of section sixteen hundred thirty; or subdivision five of section seventy-one of the transportation law, prohibiting the opera- tion on a highway or parkway of a commercial motor vehicle as defined in paragraph (a) of subdivision four of section five hundred one-a of this chapter, for a first conviction thereof, be punished by a fine of not more than [seven hundred] FIVE THOUSAND dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [one] SEVEN thousand five hundred dollars or by imprison- ment for not more than forty-five days or by both such fine and impri- sonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [two] TEN thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI- SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS IN CHARGE OF THE OWNER OR HIS AGENT. THE PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN. § 2. Subdivision 18-a of section 385 of the vehicle and traffic law, as added by section 2 of part B of chapter 58 of the laws of 2020, is amended to read as follows: 18-a. A violation of the provisions of [subdivisions] SUBDIVISION two or fourteen of this section, where the violation relates to the height of the vehicle, including a violation related to the operation, within a city not wholly included within one county, of a vehicle which exceeds the limitations provided for in the rules and regulations of the city department of transportation of such city, shall be punishable by a fine of not more than [one] FIVE thousand dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment, for the first offense; by a fine of not more than [two] SEVEN thousand FIVE S. 2508 6 A. 3008 HUNDRED dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, for the second or subsequent offense; provided that a sentence or execution thereof for any violation under this subdivision may not be suspended. For any violation of the provisions of [subdivisions] SUBDIVISION two or fourteen of this section where the violation relates to the height of the vehicle, including a violation related to the operation, within a city not wholly included within one county, of a vehicle which exceeds the limitations provided for in the rules and regulations of the city department of transporta- tion of such city, the registration of the vehicle may be suspended for a period not to exceed one year whether at the time of the violation the vehicle was in charge of the owner or his agent. The provisions of section five hundred ten of this chapter shall apply to such suspension except as otherwise provided herein. § 3. Subdivision 54 of section 375 of the vehicle and traffic law, as added by chapter 11 of the laws of 2020, is amended to read as follows: 54. Stretch limousine AND COMMERCIAL MOTOR VEHICLE commercial GPS. (a) Every stretch limousine AND COMMERCIAL MOTOR VEHICLE registered in this state shall be equipped with commercial global positioning system (GPS) technology within no later than one year of the date upon which the national highway traffic safety administration promulgates final regu- lations establishing standards for commercial GPS. (b) It shall be unlawful to operate or cause to be operated a stretch limousine OR COMMERCIAL MOTOR VEHICLE registered in this state on any public highway or private road open to public motor vehicle traffic unless such stretch limousine OR COMMERCIAL MOTOR VEHICLE is equipped with commercial global positioning system (GPS) technology as required by this subdivision and such commercial global positioning system (GPS) technology is used. The presence in such stretch limousine OR COMMERCIAL MOTOR VEHICLE of commercial global positioning system (GPS) technology connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such stretch limousine OR COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any credi- ble and reliable evidence which tends to show that such commercial global positioning system (GPS) technology was not in use. (c) For the purposes of this subdivision: (i) "Stretch limousine" shall mean an altered motor vehicle having a seating capacity of nine or more passengers, including the driver, commonly referred to as a "stretch limousine" and which is used in the business of transporting passengers for compensation; [and] (ii) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA- TION OF VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT PROPERTY OR PERSONS AND SHALL INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED POUNDS; AND (III) "Commercial global positioning system (GPS) technology" shall mean global positioning system (GPS) technology which has been specif- ically designed to assist in the navigation of commercial motor vehi- cles. § 4. The vehicle and traffic law is amended by adding a new section 509-vv to read as follows: § 509-VV. THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS. ONE YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR COMMERCIAL S. 2508 7 A. 3008 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY COMMERCIAL VEHICLE, IS PROHIBITED. FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH HAS NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES. § 5. The vehicle and traffic law is amended by adding a new section 509-vvv to read as follows: § 509-VVV. PARKWAYS NOTIFICATION. COMMERCIAL CARRIERS MUST NOTIFY, IN WRITING, ALL COMMERCIAL DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS. § 6. The vehicle and traffic law is amended by adding a new section 509-ii to read as follows: § 509-II. THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS. ONE YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS) BY ANY BUS DRIVER OR MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS PROHIBITED. FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSI- TIONING SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH HAS NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES. § 7. The vehicle and traffic law is amended by adding a new section 509-iii to read as follows: § 509-III. PARKWAYS NOTIFICATION. MOTOR CARRIERS MUST NOTIFY, IN WRIT- ING, ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST OPERAT- ING COMMERCIAL MOTOR VEHICLES ON PARKWAYS. § 8. The general business law is amended by adding a new section 396- zz to read as follows: § 396-ZZ. COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF PARKWAY PROHIBI- TIONS. (A) ALL RENTAL VEHICLE COMPANIES, AS DEFINED IN SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR- IZED DRIVERS OR RENTERS, AS DEFINED IN SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE, OF THE PROHIBITION AGAINST COMMERCIAL MOTOR VEHICLES OPERATING ON PARKWAYS FOR ANY RENTALS OR LEASES OF COMMERCIAL MOTOR VEHICLES. FOR PURPOSES OF THIS SECTION "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINATION OF VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN TEN THOUSAND POUNDS USED TO TRANSPORT PROPERTY OR PERSONS AND SHALL INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED POUNDS. (B) A CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. § 9. Severability. If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent juris- diction to be invalid, or if any federal agency determines in writing that this act would render New York state ineligible for the receipt of federal funds, such judgment or written determination shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment or written determination shall have been rendered. § 10. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that this act shall be deemed repealed if any federal agency determines in writing that this act would render New York state ineligible for the receipt of federal S. 2508 8 A. 3008 funds or any court of competent jurisdiction finally determines that this act would render New York state out of compliance with federal law or regulation; and provided further that for sections four and six of this act, the commissioner of transportation shall notify the legisla- tive bill drafting commission upon the occurrence of the provisions of sections four and six of this act, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of sections four and six of this act on its effective date are author- ized to be made and completed on or before such effective date. PART B Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the safety of trans- portation workers, pedestrians, and the traveling public. Each component is wholly contained within a Subpart identified as Subparts A through D. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi- vision 11 as separately amended by chapters 268 and 281 of the laws of 2016, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, prosecu- tor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforce- ment agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician admin- istering first aid in the course of performance of duty as such fire- fighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emer- gency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART- MENT, or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the S. 2508 9 A. 3008 lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal proce- dure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforce- ment agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART- MENT, or employee of an entity governed by the public service law, he or she causes physical injury to such peace officer, police officer, prose- cutor as defined in subdivision thirty-one of section 1.20 of the crimi- nal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee of an entity governed by the public service law; or 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforce- ment agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH- TEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS- ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emergency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traf- fic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS- ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi- S. 2508 10 A. 3008 sion thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, including the cleaning of a train or bus station or terminal, or such city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC- TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician is performing an assigned duty; or § 2. The penal law is amended by adding a new section 120.19 to read as follows: § 120.19 MENACING A HIGHWAY WORKER. A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN- TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR OF DEATH, IMMINENT SERIOUS PHYSICAL INJURY OR PHYSICAL INJURY. FOR PURPOSES OF THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW. MENACING A HIGHWAY WORKER IS A CLASS E FELONY. § 3. The vehicle and traffic law is amended by adding two new sections 118-a and 118-b to read as follows: § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE STATE, A COUNTY, CITY, TOWN OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, INCLUDING MAINTENANCE, REPAIR, FLAGGING, UTILITY WORK, CONSTRUCTION, RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC- TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS ARTICLE. § 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES- TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of section 510 of the vehicle and traffic law, as added by section 1 of part B of chapter 55 of the laws of 2014, are amended to read as follows: (xii) of a second or subsequent conviction of a violation of section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a probationary license, as defined in subdivision four of section five hundred one of this title, at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration or issuance of such probationary license; [or] S. 2508 11 A. 3008 (xiii) of a second or subsequent conviction of a violation of section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a class DJ or MJ learner's permit or a class DJ or MJ license at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration of such permit or license; OR (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND OR THIRD DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER. § 5. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows: § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI- CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC- TION FROM A FLAGPERSON, POLICE OFFICER, OR OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET, OR PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA IS MARKED BY SIGNS, CHANNELING DEVICES, BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORK- ERS ARE PHYSICALLY PRESENT. 2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS OR BY A PERIOD OF IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI- SONMENT. § 6. This act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART B Section 1. Section 600 of the vehicle and traffic law is amended by adding a new subdivision 4 to read as follows: 4. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT BE CONSTRUED TO BE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION BECAUSE OF SUCH MOVEMENT. § 2. Subdivision 2 of section 15 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows: 2. The commissioner [of transportation], A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER shall have the power to cause the immediate removal, from the right of way of any state highway, of any vehicle, CARGO, OR DEBRIS which obstructs or interferes with the use of such a highway for public trav- el; or which obstructs or interferes with the construction, recon- struction or maintenance of such a highway; or which obstructs or inter- feres with the clearing or removal of snow or ice from such a highway; or which obstructs or interferes with any operation of the department of transportation during a public emergency. THE COMMISSIONER, OR A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR GROSSLY NEGLIGENT MANNER. S. 2508 12 A. 3008 § 3. This act shall take effect immediately. SUBPART C Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi- cle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: 1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while fail- ing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than [five hundred] ONE THOUSAND dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: 1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspen- sion of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter. § 3. Subdivision (d) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: (d) A violation of subdivision (b) or (c) of this section committed by a person who has previously been convicted of any violation of such subdivisions within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than [one] TWO thousand dollars in addition to any other penalties provided by law. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART D Section 1. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows: § 1221-A. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR VEHICLES, THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE- MENT AGENCIES, AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO REDUCE THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHOR- IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE- TY. § 2. This act shall take effect immediately. S. 2508 13 A. 3008 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through D of this act shall be as specifically set forth in the last section of such Subparts. PART C Section 1. Subdivision 1 of section 359 of the public authorities law, as amended by section 6 of part TT of chapter 54 of the laws of 2016, is amended to read as follows: 1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a highway connection, the authority shall proceed with the construction, reconstruction or improvement thereof. All such work shall be done pursuant to a contract or contracts which shall be let to the lowest responsible bidder, by sealed proposals publicly opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED BY THE AUTHORITY AND ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public advertisement and upon such terms and conditions as the authority shall require; provided, however, that the authority may reject any and all proposals and may advertise for new proposals, as herein provided, if in its opinion, the best interests of the authority will thereby be promoted; provided further, however, that at the request of the authori- ty, all or any portion of such work, together with any engineering required by the authority in connection therewith, shall be performed by the commissioner and his subordinates in the department of transporta- tion as agents for, and at the expense of, the authority. § 2. This act shall take effect immediately. PART D Section 1. Section 359-a of the public authorities law, as amended by section 7 of part TT of chapter 54 of the laws of 2016, is amended to read as follows: § 359-a. Procurement contracts. For the purposes of section twenty- eight hundred seventy-nine of this chapter as applied to the authority, the term "procurement contract" shall mean any written agreement for the acquisition of goods or services of any kind by the authority in the actual or estimated amount of [fifteen] FIFTY thousand dollars or more. § 2. This act shall take effect immediately. PART E Section 1. Subdivision 3 of section 165.15 of the penal law is amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND S. 2508 14 A. 3008 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to avoid payment of the lawful charge OR TOLL for such transportation service which has been rendered to him OR HER OR FOR SUCH USE OF ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or attempts to obtain such service or TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI- NESS DISTRICT OR avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjusti- fiable failure or refusal to pay; or § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and traffic law, as amended by chapter 109 of the laws of 2005, is amended and a new paragraph (c) is added to read as follows: (b) Number plates shall be kept clean and in a condition so as to be easily readable and shall not be covered by glass or any plastic materi- al, and shall not be knowingly covered or coated with any artificial or synthetic material or substance that conceals or obscures such number plates or that distorts a recorded or photographic image of such number plates, and the view of such number plates shall not be obstructed by any part of the vehicle or by anything carried thereon[, except for a receiver-transmitter issued by a publicly owned tolling facility in connection with electronic toll collection when such receiver-transmit- ter is affixed to the exterior of a vehicle in accordance with mounting instructions provided by the tolling facility]. (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A MOTOR VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE TOLLING AUTHORITY, IF SUCH NUMBER PLATE IS NOT EASILY READABLE, NOR SHALL ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET- IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES, OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES, AND THE VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER- TRANSMITTER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION WITH ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY. FOR PURPOSES OF THIS PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLLING PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS AMENDED. § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 61 of the laws of 1989 and as renumbered by chapter 648 of the laws of 2006, is amended to read as follows: 8. The violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars EXCEPT FOR VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION WHICH SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS. § 4. This act shall take effect on the ninetieth day after it shall have become a law. S. 2508 15 A. 3008 PART F Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 1209 of the public authorities law are REPEALED. § 2. Paragraphs (a) and (b) of subdivision 7 of section 1209 of the public authorities law, as amended by section 3 of subpart C of part ZZZ of chapter 59 of the laws of 2019, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of one million dollars and all contracts for public work involving an estimated expenditure in excess of one million dollars shall be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in the manner hereinafter set forth. The aforesaid shall not apply to contracts for personal, archi- tectural, engineering or other professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing in this paragraph shall obligate the authority to seek new bids after the rejection of bids or after cancel- lation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associ- ated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided that (i) a contract for services in the actual or estimated amount of one million dollars or less shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for services in the actual or estimated amount in excess of one million dollars shall require approval by the board of the authority regardless of the length of the period over which the services are rendered unless such a contract is awarded to the lowest responsible bidder after obtaining [sealed] bids and (ii) the board of the authority may by resolution adopt guidelines that authorize the award of contracts to small business concerns, to service disabled veteran owned businesses certified pursuant to article seventeen-B of the executive law, or minority or women-owned business enterprises certified pursuant to arti- cle fifteen-A of the executive law, or purchases of goods or technology that are recycled or remanufactured, in an amount not to exceed one million dollars without a formal competitive process and without further board approval. The board of the authority shall adopt guidelines which shall be made publicly available for the awarding of such contract with- out a formal competitive process. § 3. Paragraphs (a) and (b) of subdivision 8 of section 1209 of the public authorities law, paragraph (a) as amended by chapter 725 of the laws of 1993 and paragraph (b) as added by chapter 929 of the laws of 1986, are amended to read as follows: S. 2508 16 A. 3008 (a) Advertisement for bids, when required by this section, shall be published at least once in [a newspaper of general circulation in the area served by the authority and in] the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required when required by this section. Publication in [a newspaper of general circulation in the area served or in] the procurement opportunities newsletter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authori- ty and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivi- sion eleven of this section. Any such advertisement shall contain a statement of: (i) the time [and place where] BY WHICH bids received pursuant to any notice requesting [sealed] bids [will be publicly opened and read] SHALL BE SUBMITTED; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materials, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the [address where] MANNER IN WHICH bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligibility or qualifica- tion requirement or preference; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrangement; (ix) any other information deemed useful to potential contractors; and (x) the name, address, and tele- phone number of the person to be contacted for additional information. At least [fifteen] TEN business days shall elapse between the first publication of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. (b) The authority may designate any officer or employee to [open the bids at the time and place bids are to be opened and may designate an officer to] award the contract to the lowest responsible bidder. [Such designee shall make a record of all bids in such form and detail as the authority shall prescribe.] All bids [received] shall be RECEIVED EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY POSTED FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time [and], place AND IN THE MANNER specified in the advertisement or speci- fied at the time of solicitation, or to which the opening and reading OR POSTING have been adjourned by the authority. All bidders shall be noti- fied of the time and place of any such adjournment. THE AUTHORITY'S DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE. § 4. Paragraph (e) of subdivision 9 of section 1209 of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: (e) the item is available through an existing contract between a vendor and [(i) another public authority provided that such other authority utilized a process of competitive bidding or a process of competitive requests for proposals to award such contract or (ii) the state of New York or the city of New York,] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR STATES provided that in any case when the authority under this paragraph determines that obtaining such item thereby would be in the public interest and sets forth the reasons for such determination. The authori- S. 2508 17 A. 3008 ty shall accept sole responsibility for any payment due the vendor as a result of the authority's order; or § 5. Paragraphs (f) and (g) of subdivision 9 of section 1209 of the public authorities law are REPEALED. § 6. Section 1209 of the public authorities law is amended by adding a new subdivision 9-a to read as follows: 9-A. SUBDIVISION SEVEN OF THIS SECTION NOTWITHSTANDING, THE AUTHORITY MAY AWARD DESIGN-BUILD CONTRACTS OR CONTRACTS FOR THE PURCHASE OR REHA- BILITATION OF RAPID TRANSIT CARS OR OMNIBUSES PURSUANT TO A PROCESS OF COMPETITIVE REQUEST FOR PROPOSALS AS HEREINAFTER SET FORTH. (A) (I) FOR PURPOSES OF THIS SECTION, A PROCESS FOR COMPETITIVE REQUEST FOR PROPOSALS SHALL MEAN A METHOD OF SOLICITING PROPOSALS AND AWARDING A CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF THE CHARAC- TERISTICS, SUCH AS QUALITY, COST, DELIVERY SCHEDULE AND FINANCING OF SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA. PUBLIC NOTICE OF THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION AND SHALL INCLUDE THE SELECTION CRITE- RIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE IN THE SELECTION CRITERIA FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT WILL INFORM ALL PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO MODIFY THEIR PROPOSALS. (II) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS, (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS, AND (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE. (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI- ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION. (B)(I) THE AUTHORITY MAY ISSUE A COMPETITIVE REQUEST FOR PROPOSALS PURSUANT TO THE PROCEDURES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR THE PURCHASE OR REHABILITATION OF RAPID TRANSIT CARS AND OMNIBUSES. ANY SUCH REQUEST MAY INCLUDE AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL OR A PORTION OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, PROVIDED HOWEVER THAT IN NO EVENT SHALL THE AUTHORITY AWARD A CONTRACT TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT COST IS MORE THAN TEN PERCENT HIGHER THAN THE UNIT COST OF ANY QUALIFIED COMPETING FINAL OFFER, IF THE SOLE BASIS FOR SUCH AWARD IS THAT THE HIGHER PRICED OFFER INCLUDES MORE FAVORABLE PROVISION FOR THE PERFORM- ANCE OF THE CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND FURTHER PROVIDED THAT THE AUTHORITY'S DISCRETION TO AWARD A CONTRACT TO ANY MANUFACTURER SHALL NOT BE SO LIMITED IF A BASIS FOR SUCH AWARD, AS DETERMINED BY THE AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE, LIFE CYCLE, RELIABILITY, OR ANY OTHER FACTOR THE AUTHORITY DEEMS RELE- VANT TO ITS OPERATIONS. (II) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS, (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY S. 2508 18 A. 3008 THEIR PROPOSALS, AND (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE. (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI- ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION. § 7. Subdivision 10 of section 1209 of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: 10. Upon the adoption of a resolution by the authority stating, for reasons of efficiency, economy, compatibility or maintenance reliabil- ity, that there is a need for standardization, the authority may estab- lish procedures whereby particular supplies, materials or equipment are identified on a qualified products list. Such procedures shall provide for products or vendors to be added to or deleted from such list and shall include provisions for public advertisement of the manner in which such lists are compiled. The authority shall review such list no less than [twice] ONCE a year for the purpose of making modifications there- to. Contracts for particular supplies, materials or equipment identi- fied on a qualified products list may be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in accordance with this section or without competitive [sealed] bids in instances when the item is available from only a single source, except that the author- ity may dispense with advertising provided that it mails copies of the invitation to bid to all vendors of the particular item on the qualified products list. § 8. Subdivision 1 of section 1265-a of the public authorities law is REPEALED. § 9. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the public authorities law, as amended by section 3-a of subpart C of part ZZZ of chapter 59 of the laws of 2019, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of one million dollars and all contracts for public work involving an estimated expenditure in excess of one million dollars shall be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in the manner hereinafter set forth. For purposes hereof, contracts for public work shall exclude contracts for personal, engineering and architectural, or professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit iden- tical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing in this paragraph shall obligate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, S. 2508 19 A. 3008 provided (i) that a contract for services in the actual or estimated amount of one million dollars or less shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for services in the actual or estimated amount in excess of one million dollars shall require approval by the board of the authority regardless of the length of the period over which the services are rendered unless such a contract is awarded to the lowest responsible bidder after obtaining [sealed] bids, and (ii) the board of the authority may by resolution adopt guidelines that authorize the award of contracts to small business concerns, to service disabled veteran owned businesses certified pursuant to article seventeen-B of the executive law, or minority or women-owned business enterprises certified pursuant to arti- cle fifteen-A of the executive law, or purchases of goods or technology that are recycled or remanufactured, in an amount not to exceed one million dollars without a formal competitive process and without further board approval. The board of the authority shall adopt guidelines which shall be made publicly available for the awarding of such contract with- out a formal competitive process. § 10. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of the public authorities law, paragraph (a) as amended by chapter 494 of the laws of 1990 and paragraph (b) as added by chapter 929 of the laws of 1986, are amended to read as follows: (a) Advertisement for bids, when required by this section, shall be published at least once in [a newspaper of general circulation in the area served by the authority and in] the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required for a purchase contract for supplies, materials or equipment when required by this section. Publication in [a newspaper of general circu- lation in the area served or in] the procurement opportunities newslet- ter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authority and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivision six of this section. Any such advertisement shall contain a statement of: (i) the time [and place where] BY WHICH bids received pursuant to any notice requesting [sealed] bids [will be publicly opened and read] SHALL BE SUBMITTED; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materials, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the [address where] MANNER IN WHICH bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligibility or qualification requirement or prefer- ence; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrange- ment; (ix) any other information deemed useful to potential contractors; and (x) the name, address, and telephone number of the person to be contacted for additional information. At least [fifteen] TEN business days shall elapse between the first publication of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. (b) The authority may designate any officer or employee to [open the bids at the time and place bids are to be opened and may designate an S. 2508 20 A. 3008 officer to] award the contract to the lowest responsible bidder. [Such designee shall make a record of all bids in such form and detail as the authority shall prescribe.] All bids [received] shall be RECEIVED EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY POSTED FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time, [and] place AND IN THE MANNER specified in the advertisement or at the time of solicitation, or to which the opening and reading OR POSTING have been adjourned by the authority. All bidders shall be notified of the time and place of any such adjournment. THE AUTHORITY'S DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE. § 11. Paragraph (e) of subdivision 4 of section 1265-a of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: (e) the item is available through an existing contract between a vendor and [(i) another public authority provided that such other authority utilized a process of competitive bidding or a process of competitive requests for proposals to award such contracts or (ii) Nassau county, or (iii) the state of New York or (iv) the city of New York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR STATES, provided that in any case when under this paragraph the authority determines that obtaining such item thereby would be in the public interest and sets forth the reasons for such determination. The authority shall accept sole responsibility for any payment due the vendor as a result of the authority's order; or § 12. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the public authorities law are REPEALED. § 13. Section 1265-a of the public authorities law is amended by adding a new subdivision 4-a to read as follows: 4-A. SUBDIVISION TWO OF THIS SECTION NOTWITHSTANDING, THE AUTHORITY MAY AWARD DESIGN-BUILD CONTRACTS OR CONTRACTS FOR THE PURCHASE OR REHA- BILITATION OF RAPID TRANSIT CARS OR OMNIBUSES PURSUANT TO A PROCESS OF COMPETITIVE REQUEST FOR PROPOSALS AS HEREINAFTER SET FORTH. (A) (I) FOR PURPOSES OF THIS SECTION, A PROCESS FOR COMPETITIVE REQUESTS FOR PROPOSALS SHALL MEAN A METHOD OF SOLICITING PROPOSALS AND AWARDING A CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF THE CHARAC- TERISTICS, SUCH AS QUALITY, COST, DELIVERY SCHEDULE AND FINANCING OF SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA. PUBLIC NOTICE OF THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION AND SHALL INCLUDE THE SELECTION CRITE- RIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE IN THE SELECTION CRITERIA FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT WILL INFORM ALL PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO MODIFY THEIR PROPOSALS. (II) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS, (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS, AND (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE. (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI- ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION. S. 2508 21 A. 3008 (B)(I) THE AUTHORITY MAY ISSUE A COMPETITIVE REQUEST FOR PROPOSALS PURSUANT TO THE PROCEDURES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR THE PURCHASE OR REHABILITATION OF RAIL CARS AND OMNIBUSES. ANY SUCH REQUEST MAY INCLUDE AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL OR A PORTION OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, PROVIDED HOWEVER THAT IN NO EVENT SHALL THE AUTHORITY AWARD A CONTRACT TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT COST IS MORE THAN TEN PERCENT HIGHER THAN THE UNIT COST OF ANY QUALIFIED COMPETING FINAL OFFER, IF THE SOLE BASIS FOR SUCH AWARD IS THAT THE HIGHER PRICED OFFER INCLUDES MORE FAVORABLE PROVISION FOR THE PERFORM- ANCE OF THE CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND FURTHER PROVIDED THAT THE AUTHORITY'S DISCRETION TO AWARD A CONTRACT TO ANY MANUFACTURER SHALL NOT BE SO LIMITED IF A BASIS FOR SUCH AWARD, AS DETERMINED BY THE AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE, LIFE CYCLE, RELIABILITY, OR ANY OTHER FACTOR THE AUTHORITY DEEMS RELE- VANT TO ITS OPERATIONS. (II) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS THAN A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS, (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS, AND (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE. (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI- ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION. § 14. Subdivision 5 of section 1265-a of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: 5. Upon the adoption of a resolution by the authority stating, for reasons of efficiency, economy, compatibility or maintenance reliabil- ity, that there is a need for standardization, the authority may estab- lish procedures whereby particular supplies, materials or equipment are identified on a qualified products list. Such procedures shall provide for products or vendors to be added to or deleted from such list and shall include provisions for public advertisement of the manner in which such lists are compiled. The authority shall review such list no less than [twice] ONCE a year for the purpose of making such modifications. Contracts for particular supplies, materials or equipment identified on a qualified products list may be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in accordance with this section or without competitive [sealed] bids in instances when the item is available from only a single source, except that the authority may dispense with advertising provided that it mails copies of the invita- tion to bid to all vendors of the particular item on the qualified products list. § 15. Section 15 of part OO of chapter 54 of the laws of 2016, amend- ing the public authorities law relating to procurements by the New York City transit authority and the metropolitan transportation authority, is amended to read as follows: S. 2508 22 A. 3008 § 15. This act shall take effect immediately[, and shall expire and be deemed repealed April 1, 2021]. § 16. This act shall take effect immediately. PART G Section 1. Section 1266 of the public authorities law is amended by adding two new subdivisions 12-b and 12-c to read as follows: 12-B. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR A TRAN- SIT FACILITY THE AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO SHALL BE REMOVED, RELOCATED OR OTHERWISE PROTECTED OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED UTILITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY: (A) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE PUBLIC SERVICE CORPORATION SHALL DESIGN AND PERFORM ALL OF THE REQUIRED UTILITY WORK WITHIN A NUMBER OF DAYS AFTER RECEIPT OF THE AUTHORITY'S CONSTRUCTION PLANS, WHICH NUMBER OF DAYS SHALL BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION. THE COST OF SUCH REQUIRED UTILITY WORK, INCLUDING THE DESIGN, SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION. (B) IN DESIGNING AND PERFORMING THE REQUIRED UTILITY WORK, A PUBLIC SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC SERVICE CORPORATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY. (C) THE AUTHORITY MAY OPT TO PERFORM SOME OR ALL OF THE REQUIRED UTIL- ITY WORK ON ITS OWN OR BY A CONTRACT OR OTHER ARRANGEMENT. IF THE AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE AUTHORITY MAY ALSO OPT TO PROVIDE THE DESIGN FOR SUCH WORK. IF THE AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE PUBLIC SERVICE CORPORATION SHALL PERFORM THE PORTION OF THE UTILITY WORK NOT PERFORMED BY THE AUTHORITY AND SHALL REIMBURSE THE AUTHORITY FOR THE AUTHORITY'S ACTUAL COST TO PERFORM THE UTILITY WORK, INCLUDING THE COST OF THE DESIGN DONE BY THE AUTHORITY. IF THE AUTHORITY DESIGNS SOME OR ALL OF THE REQUIRED UTILITY WORK, SUCH DESIGN SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH SHALL NOT BE UNREASONABLY WITHHELD. SUCH REVIEW AND APPROVAL SHALL BE COMPLETED WITHIN TWENTY-ONE CALENDAR DAYS, OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION. 12-C. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR TRANSIT FACILITY THE AUTHORITY DETERMINES THAT THE WATER OR SEWER INFRASTRUC- TURE, INCLUDING PIPES OR MAINS, STREET LIGHTING, TRAFFIC SIGNAL SYSTEMS, EMERGENCY CALL BOXES AND ASSOCIATED INFRASTRUCTURE OF THE CITY OF NEW YORK AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED, RELOCATED, OR OTHERWISE PROTECTED OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED CITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY: (A) THE CITY OF NEW YORK SHALL PROVIDE ANY APPROVALS OR PERMITS REQUIRED BY THE AUTHORITY FOR THE REQUIRED CITY WORK WITHIN THIRTY CALENDAR DAYS OF SUBMISSION BY THE AUTHORITY OF ITS CONSTRUCTION PLANS OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORI- TY AFTER CONSULTATION WITH THE CITY OF NEW YORK. S. 2508 23 A. 3008 (B) THE AUTHORITY SHALL PAY THE COST OF THE REQUIRED CITY WORK AND THE COST OF UPGRADING THE WATER OR SEWER INFRASTRUCTURE TO COMPLY WITH THE CURRENT STANDARDS OF THE CITY OF NEW YORK FOR MATERIALS AND CAPACITY AS DETERMINED BY THE CURRENT SERVICE BEING PROVIDED; PROVIDED, HOWEVER, THAT THE CITY OF NEW YORK SHALL NOT DEMAND THAT THE AUTHORITY PROVIDE FOR ANTICIPATED FUTURE SERVICE INCREASES OR ANY OTHER BETTERMENTS WITH- OUT THE AUTHORITY'S AGREEMENT. (C) IN REVIEWING THE AUTHORITY'S DESIGN FOR THE REQUIRED CITY WORK, OR IN PROVIDING ANY PERMITS OR APPROVALS FOR THE REQUIRED CITY WORK, THE CITY OF NEW YORK SHALL NOT CREATE THE NEED FOR A PUBLIC SERVICE CORPO- RATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRAS- TRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY. (D) THE CITY OF NEW YORK SHALL COOPERATE WITH THE AUTHORITY AND PUBLIC SERVICE CORPORATIONS IN PLANNING AND COORDINATING THE RELOCATION OF ITS OWN WATER AND SEWER INFRASTRUCTURE AS WELL AS THE PIPES, MAINS, CONDUITS OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION. THE CITY OF NEW YORK SHALL NOT REQUIRE THE REMOVAL OR RELOCATION OF ADDITIONAL PUBLIC SERVICE CORPORATION PIPES, MAINS, CONDUITS OR OTHER INFRASTRUC- TURE BEYOND THE MINIMUM REQUIRED TO ACCOMMODATE THE REQUIRED WORK. § 2. This act shall take effect immediately. PART H Section 1. Subdivision 12 of section 1266 of the public authorities law, as added by chapter 314 of the laws of 1981, is amended to read as follows: 12. The authority may, FOR ITSELF OR UPON REQUEST OF THE NEW YORK CITY TRANSIT AUTHORITY, upon suitable notice to and an offer to consult with an officer designated by the city of New York, occupy the streets of the city of New York for the purpose of doing, AS A BENEFICIAL OWNER OF SUCH PROJECT VIA CONTRACT, EASEMENT AGREEMENT OR OTHER SUCH AGREEMENT, any work over or under the same in connection with the improvement, construction, reconstruction or rehabilitation of a transportation facility without the consent of or payment to such city[.], NOTWITH- STANDING THAT THE CITY HAS PREVIOUSLY PERMITTED ANY SUCH PORTION OF SUCH STREETS TO BE OCCUPIED BY ANOTHER. FOR THE PURPOSES OF THIS SUBDIVI- SION, A "TRANSPORTATION FACILITY" SHALL INCLUDE A STAIRWAY ENTRANCE, ELEVATOR, ESCALATOR OR OTHER VERTICAL TRANSPORTATION CONNECTING TO A SUBWAY STATION OR ANY OTHER TRANSIT IMPROVEMENT THAT IS BEING RENOVATED, RELOCATED OR CONSTRUCTED UNDER A CONTRACT, EASEMENT AGREEMENT OR OTHER AGREEMENT WITH THE AUTHORITY OR THE NEW YORK CITY TRANSIT AUTHORITY PURSUANT TO THE ZONING RESOLUTION OF THE CITY OF NEW YORK. § 2. This act shall take effect immediately. PART I Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- rately amended by chapters 268 and 281 of the laws of 2016, is amended to read as follows: 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL S. 2508 24 A. 3008 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC- TURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sani- tarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emer- gency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN- TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement offi- cer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, [including the] cleaning of a train or bus station or terminal OR MAINTENANCE OF A TRAIN OR BUS STATION OR TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sani- tation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician is performing an assigned duty; or § 2. Section 240.30 of the penal law is amended by adding a new subdi- vision 3-a to read as follows: 3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION CLEANER; TERMINAL CLEANER; STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPANY, S. 2508 25 A. 3008 PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR § 3. This act shall take effect on the ninetieth day after it shall have become a law. PART J Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part FF of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2021] 2024, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART K Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by section 1 of part EE of chapter 58 of the laws of 2020, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2021] 2024. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART L Section 1. The multiple dwelling law is amended by adding a new section 277-a to read as follows: § 277-A. TEMPORARY RULES UPON LEGISLATIVE FINDING OF SPECIAL STATE INTEREST. 1. APPLICATION OF RULE. THIS SECTION SHALL APPLY TO BUILDING PERMITS LAWFULLY ISSUED, OR FOR WHICH A COMPLETED APPLICATION HAS BEEN FILED AS DEFINED BY LOCAL LAW, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX. 2. APPLICABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OTHER STATE LAW TO THE CONTRARY, NO LOCAL ZONING LAW ORDINANCE, RESOLUTION OR REGULATION ADDRESSING THE MINIMUM LIGHT AND AIR STANDARDS FOR JOINT LIVING-WORK QUARTERS FOR ARTISTS OR GENERAL RESIDENTIAL PORTIONS OF LOFTS OR MANUFACTURING AND COMMERCIAL BUILDINGS ALTERED TO RESIDENTIAL USE SHALL LIMIT THE APPLICABILITY OF THIS ARTICLE TO: (A) BUILDINGS ERECTED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED SEVENTY-SEV- EN; OR (B) SPECIFIC LOCATIONS OR DISTRICTS WITHIN THE MUNICIPALITY, BUT SHALL APPLY THIS ARTICLE UNIFORMLY THROUGHOUT. NOTWITHSTANDING ANY STATE LAW, OTHER LOCAL ZONING LAW, ORDINANCE, RESOLUTION, OR REGULATION TO THE CONTRARY, THE CONVERSIONS DESCRIBED IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION ARE HEREBY AUTHORIZED. S. 2508 26 A. 3008 3. CLASS B MULTIPLE DWELLINGS. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY CLASS B MULTIPLE DWELLING OPERATING AS A HOTEL COMPRISING FEWER THAN ONE HUNDRED FIFTY ROOMS, THAT IS CONVERTED TO A PROPERTY THAT IS (A) PART OF A STATE AFFORDABLE HOUSING PLAN OR AGREEMENT WITH THE DEPARTMENT OF HOMES AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWENTY PERCENT OF SUCH HOUSING UNITS CREATED AS AFFORDABLE HOUSING, OR (B) IS TO BE OPERATED AS A SUPPORTIVE HOUSING FACILITY THAT IS UNDER A CONTRACT WITH ANY STATE OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPU- LATION, OR (C) WILL INSTEAD PROVIDE AN AMOUNT NECESSARY TO SUPPORT THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING OR PREVENT HOMELESSNESS AS DETERMINED BY THE COMMISSIONER OF THE DEPARTMENT OF HOMES AND COMMU- NITY RENEWAL AND IS LOCATED ON TAX LOTS IN THE CITY OF NEW YORK ALREADY EXISTING OR CREATED UPON THE EFFECTIVE DATE OF THIS SECTION, IN ANY BOROUGH OUTSIDE OF MANHATTAN, OR WITHIN THE FOLLOWING AREA IN THE BOROUGH OF MANHATTAN, BEGINNING AT THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS STREET EXTENDED, THENCE EASTERLY TO THE CENTER LINE OF CHAMBERS STREET AND CONTINUING ALONG THE CENTER LINE OF CHAMBERS STREET TO THE CENTER LINE OF CENTRE STREET, THENCE SOUTHERLY ALONG THE CENTER LINE OF CENTRE STREET TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF THE BROOKLYN BRIDGE AND THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER, THENCE NORTHERLY ALONG THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER AND THE CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED, THENCE WESTERLY TO THE CENTER LINE OF ONE HUNDRED TENTH STREET AND CONTINUING ALONG THE CENTER LINE OF ONE HUNDRED TENTH STREET TO ITS WESTERLY TERMINUS, THENCE WESTERLY TO THE INTERSECTION OF THE CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER- HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING. 4. COMMERCIAL OFFICE BUILDINGS. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY COMMER- CIAL OFFICE BUILDING WHICH IS GRADED BASED UPON ITS MARKET RATE PRICE AS "CLASS B OR CLASS C" PROPERTIES WITHIN THE AREA BETWEEN 9TH AVENUE ON THE WESTERLY SIDE, AND PARK AVENUE ON THE EASTERLY SIDE, UTILIZING 60TH STREET AS A NORTHERLY BORDER AND 14TH STREET TO THE SOUTH, TOGETHER ENCOMPASSING A CENTRAL BUSINESS DISTRICT PROVIDED THAT UPON CONVERSION OR ALTERATION OR IMPROVEMENT SUCH NEW USE IS EITHER: (A) PART OF A STATE AFFORDABLE HOUSING PLAN OR AGREEMENT WITH THE DEPARTMENT OF HOMES AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWENTY PERCENT OF SUCH HOUSING UNITS CREATED AS AFFORDABLE HOUSING, OR (B) TO OPERATE AS A SUPPORTIVE HOUSING FACILITY THAT IS UNDER A CONTRACT WITH ANY STATE OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION, OR (C) TO PROVIDE AN AMOUNT NECESSARY TO SUPPORT THE CREATION OR PRESERVATION OF AFFORDABLE HOUSING OR PREVENT HOMELESSNESS AS DETERMINED BY THE COMMIS- SIONER OF THE DEPARTMENT OF HOMES AND COMMUNITY RENEWAL. § 2. This act shall take effect immediately and shall expire December 31, 2026 when upon such date the provisions of this act shall be deemed repealed, provided however, that no variance shall be required to obtain a certificate of occupancy if such building satisfied the provisions of this act upon commencement, nor shall any other administrative action be required upon completion should this provision have otherwise expired. PART M S. 2508 27 A. 3008 Section 1. Section 3 of part S of chapter 58 of the laws of 2016, relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, as amended by section 1 of part Y of chapter 58 of the laws of 2018, is amended to read as follows: § 3. This act shall take effect on the ninetieth day after it shall have become a law [and shall expire and be deemed repealed July 31, 2021]; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. § 2. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part R of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 [and shall expire March 31, 2021]. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2021. PART O Section 1. Paragraph (d) of section 304 of the business corporation law is amended to read as follows: (d) Any designated [post-office] POST OFFICE address to which the secretary of state shall mail a copy of process served upon him OR HER as agent of a domestic corporation or a foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different [post-office] POST OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON- ICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 2. Subparagraph 1 of paragraph (b) of section 306 of the business corporation law, as amended by chapter 419 of the laws of 1990, is amended to read as follows: (1) Service of process on the secretary of state as agent of a domes- tic or authorized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for S. 2508 28 A. 3008 the purpose. If a domestic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director's address stated therein or, in the case of an authorized foreign corpo- ration, to such corporation at the address of its office within this state on file in the department. (II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROC- ESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 3. The opening paragraph of paragraph (b) of section 307 of the business corporation law is amended to read as follows: Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT- UTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELEC- TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 4. Subparagraph 7 of paragraph (a) of section 402 of the business corporation law is amended to read as follows: (7) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 5. Paragraph (b) of section 801 of the business corporation law is amended by adding a new subparagraph 15 to read as follows: (15) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 6. Paragraph (b) of section 803 of the business corporation law is amended by adding a new subparagraph 4 to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 7. Paragraph (b) of section 805-A of the business corporation law, as added by chapter 725 of the laws of 1964, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against S. 2508 29 A. 3008 a corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such corpo- ration, may be signed[, verified] and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (a) (1), (2) and (3) of this section; that a notice of the proposed change was mailed to the corpo- ration by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corpo- ration has not objected thereto; and that the party signing the certif- icate is the agent of such corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF THE CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed[, verified] and deliv- ered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. § 8. Subparagraph 8 of paragraph (a) of section 904-a of the business corporation law, as amended by chapter 177 of the laws of 2008, is amended to read as follows: (8) If the surviving or resulting entity is a foreign corporation or other business entity, a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section three hundred six of this chapter, in any action or special proceeding, and a post office address, within or with- out this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT; § 9. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of the business corporation law, as amended by chapter 494 of the laws of 1997, is amended to read as follows: (G) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT. S. 2508 30 A. 3008 § 10. Subparagraph 6 of paragraph (a) of section 1304 of the business corporation law, as amended by chapter 684 of the laws of 1963 and as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 11. Paragraph (a) of section 1308 of the business corporation law is amended by adding a new subparagraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 12. Paragraph (c) of section 1309-A of the business corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail a copy of any process against an authorized foreign corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE AND/OR the regis- tered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. § 13. Subparagraph 6 of paragraph (a) and paragraph (d) of section 1310 of the business corporation law, the opening paragraph of paragraph (d) as amended by chapter 172 of the laws of 1999, are amended to read as follows: S. 2508 31 A. 3008 (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (d) The post office address AND/OR THE EMAIL ADDRESS specified under subparagraph (6) of paragraph (a) of this section may be changed. A certificate, entitled "Certificate of amendment of certificate of surrender of authority of ........ (name of corporation) under section 1310 of the Business Corporation Law", shall be signed as provided in paragraph (a) of this section and delivered to the department of state. It shall set forth: (1) The name of the foreign corporation. (2) The jurisdiction of its incorporation. (3) The date its certificate of surrender of authority was filed by the department of state. (4) The changed post office address, within or without this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 14. Section 1311 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1311. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1310 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he OR SHE shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1309-A (Certificate of change; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of section 1308 (Amendments or changes). S. 2508 32 A. 3008 § 15. Subdivisions 2 and 3 of section 18 of the general associations law, as amended by chapter 13 of the laws of 1938, are amended to read as follows: 2. Every association doing business within this state shall file in the department of state a certificate in its associate name, signed and acknowledged by its president, or a vice-president, or secretary, or treasurer, or managing director, or trustee, designating the secretary of state as an agent upon whom process in any action or proceeding against the association may be served within this state, and setting forth an address to which the secretary of state shall mail a copy of any process against the association which may be served upon him OR HER pursuant to law. THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Annexed to the certificate of designation shall be a statement, executed in the same manner as the certificate is required to be executed under this section, which shall set forth: (a) the names and places of residence of its officers and trustees (b) its principal place of business (c) the place where its office within this state is located and if such place be in a city, the location thereof by street and number or other particular description. 3. Any association, from time to time, may change the address to which the secretary of state is directed to mail copies of process OR SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, by filing a statement to that effect, executed, signed and acknowledged in like manner as a certif- icate of designation as herein provided. § 16. Section 19 of the general associations law, as amended by chap- ter 166 of the laws of 1991, is amended to read as follows: § 19. Service of process. Service of process against an association upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBDIVISION ONE OR TWO OF THIS SECTION. (1) PERSONALLY delivering to and leaving with him [or a deputy secretary of state or an associate attorney, senior attorney or attorney in the corporation divi- sion of the department of state] OR HER OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such process at the office of the department of state in the city of Albany. At the time of such service the plaintiff shall pay a fee of forty dollars to the secretary of state which shall be a taxable disbursement. [If the cost of registered mail for transmitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process.] The secretary of state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one of such copies to the association at the address fixed for that purpose, as herein provided. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE ASSOCIATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION S. 2508 33 A. 3008 HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCI- ATION. If the action or proceeding is instituted in a court of limited jurisdiction, service of process may be made in the manner provided in this section if the cause of action arose within the territorial juris- diction of the court and the office of the defendant, as set forth in its statement filed pursuant to section eighteen of this chapter, is within such territorial jurisdiction. § 17. Paragraph 4 of subdivision (e) of section 203 of the limited liability company law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against the limited liability company served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 18. Subdivision (d) of section 211 of the limited liability company law is amended by adding a new paragraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 19. Section 211-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 211-A. Certificate of change. (a) A limited liability company may amend its articles of organization from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or specify or change the address of the registered agent. Any one or more such changes may be accom- plished by filing a certificate of change which shall be entitled "Certificate of Change of ....... (name of limited liability company) under section 211-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed; (2) the date the articles of organization were filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the address of the registered agent, provided such address being changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL S. 2508 34 A. 3008 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of a person, partnership or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited liability company has not objected thereto; and that the party signing the certificate is the agent of such limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA- NY TO WHOSE EMAIL ADDRESS OF THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability company in whose behalf such certificate is filed. § 20. Subdivision (c) of section 301 of the limited liability company law is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic limited liability company or a foreign limited liability company shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET- ING SUCH EMAIL ADDRESS. § 21. Subdivision (a) of section 303 of the limited liability company law, as relettered by chapter 341 of the laws of 1999, is amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic limited liability company or authorized foreign limited liability company shall be made [by personally] IN THE MANNER PROVIDED BY PARA- GRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such limited liability company shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such limited liability company at the post office address on file in the department of state specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED LIABILITY COMPANY HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE S. 2508 35 A. 3008 WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY COMPANY AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED LIABILITY COMPANY. § 22. Subdivision (b) of section 304 of the limited liability company law is amended to read as follows: (b) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statuto- ry fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. § 23. Paragraph 4 of subdivision (a) of section 802 of the limited liability company law, as amended by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; § 24. Section 804-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 804-A. Certificate of change. (a) A foreign limited liability compa- ny may amend its application for authority from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke or change the designation of a registered agent, or to specify or change the address of a registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ........ (name of limited liability company) under section 804-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the foreign limited liability company and, if applica- ble, the fictitious name the limited liability company has agreed to use in this state pursuant to section eight hundred two of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby, (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against S. 2508 36 A. 3008 a foreign limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited liability company has not objected thereto; and that the party signing the certificate is the agent of such foreign limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF SUCH FOREIGN LIMITED LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, or the regis- tered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the foreign limited liability company in whose behalf such certificate is filed. § 25. Paragraph 6 of subdivision (b) of section 806 of the limited liability company law is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 26. Section 807 of the limited liability company law is amended to read as follows: § 807. Termination of existence. When a foreign limited liability company that has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or canceled in the jurisdiction of its formation or when such foreign limited liability company is merged into or consolidated with another foreign limited liability company, (a) a certificate of the secretary of state or official performing the equivalent function as to limited liability company records in the jurisdiction of organization of such limited liability company attesting to the occurrence of any such event or (b) a certified copy of an order or decree of a court of such juris- diction directing the dissolution of such foreign limited liability company, the termination of its existence or the surrender of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section eight hundred six of this article. The secretary of state shall continue as agent of the foreign limited liability company upon whom process against it may be served in the manner set forth in article three of this chap- ter, in any action or proceeding based upon any liability or obligation incurred by the foreign limited liability company within this state prior to the filing of such certificate, order or decree. The post S. 2508 37 A. 3008 office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amendment under section eight hundred four of this article. § 27. Paragraph 11 of subdivision (a) of section 1003 of the limited liability company law, as amended by chapter 374 of the laws of 1998, is amended to read as follows: (11) a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in article three of this chapter in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED; § 28. Paragraph 6 of subdivision (a) of section 1306 of the limited liability company law is amended to read as follows: (6) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; and § 29. Paragraph (d) of section 304 of the not-for-profit corporation law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (d) Any designated post-office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic corporation formed under article four of this chapter or foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post- office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 30. Paragraph (b) of section 306 of the not-for-profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (b) Service of process on the secretary of state as agent of a domes- tic corporation formed under article four of this chapter or an author- ized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic corporation formed under article four of this S. 2508 38 A. 3008 chapter or an authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy to such corporation at the address of its office within this state on file in the department. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE- TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 31. Paragraph (b) of section 307 of the not-for-profit corporation law is amended to read as follows: (b) (1) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. [Such service] (II) ELECTRON- ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSE- MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof and a copy of the process are: [(1)] (I) Delivered personally without this state to such foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or [(2)] (II) Sent by or on behalf of the plaintiff to such foreign corporation by registered mail with return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff. § 32. Subparagraph 6 of paragraph (a) of section 402 of the not-for- profit corporation law, as added by chapter 564 of the laws of 1981 and as renumbered by chapter 132 of the laws of 1985, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 33. Paragraph (b) of section 801 of the not-for-profit corporation law is amended by adding a new paragraph 10 to read as follows: S. 2508 39 A. 3008 (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE CORPO- RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 34. Paragraph (c) of section 802 of the not-for-profit corporation law is amended by adding a new paragraph 4 to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 35. Subparagraph 6 of paragraph (a) of section 803 of the not-for- profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 36. Paragraph (b) of section 803-A of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against the corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corpo- ration whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as regis- tered agent for such corporation, may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (1), (2) and (3) of paragraph (a) of this section; that a notice of the proposed change was mailed to the corporation by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party sign- ing the certificate is the agent of such corporation to whose address the secretary of state is required to mail copies of any process against the corporation served upon him or HER, AND/OR THE AGENT OF THE CORPO- RATION TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this para- graph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. § 37. Paragraph (c) of section 1310 of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail S. 2508 40 A. 3008 a copy of any process against an authorized foreign corporation served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corpo- ration in whose behalf such certificate is filed. § 38. Subparagraph 6 of paragraph (a) of section 1311 of the not-for- profit corporation law is amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 39. Section 1312 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1312. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1311 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt S. 2508 41 A. 3008 requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1310 (Certificate of change[,]; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes). § 40. Subdivision (c) of section 121-104 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him as agent of a domestic limited partnership or foreign limited partnership shall continue until the filing of a certificate OR OTHER INSTRUMENT under this article directing the mailing to a different post office address AND ANY DESIG- NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART- NERSHIP, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 41. Subdivision (a) and the opening paragraph of subdivision (b) of section 121-109 of the partnership law, as added by chapter 950 of the laws of 1990 and as relettered by chapter 341 of the laws of 1999, are amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic or authorized foreign limited partnership shall be made [as follows] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION: (1) By personally delivering to and leaving with him OR HER or his OR HER deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. [(2)] The service on the limited partnership is complete when the secretary of state is so served. [(3)] The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, addressed to the limited part- nership at the post office address, on file in the department of state, specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS AGENT OF SUCH DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER- SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. S. 2508 42 A. 3008 In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign limited partnership not authorized to do business in this state is subject to a like juris- diction. In any such case, process against such foreign limited partner- ship may be served upon the secretary of state as its agent. Such proc- ess may issue in any court in this state having jurisdiction of the subject matter. Service of process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMIT- TING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 42. Paragraph 3 of subdivision (a) of section 121-201 of the part- nership law, as amended by chapter 264 of the laws of 1991, is amended to read as follows: (3) a designation of the secretary of state as agent of the limited partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 43. Paragraph 4 of subdivision (b) of section 121-202 of the part- nership law, as amended by chapter 576 of the laws of 1994, is amended to read as follows: (4) a change in the name of the limited partnership, or a change in the post office address to which the secretary of state shall mail a copy of any process against the limited partnership served on him OR HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name or address of the registered agent, if such change is made other than pursuant to section 121-104 or 121-105 of this article. § 44. The opening paragraph of subdivision (a) and subdivision (b) of section 121-202-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A certificate of limited partnership may be changed by filing with the department of state a certificate of change entitled "Certificate of Change of ..... (name of limited partnership) under Section 121-202-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) specify or change the location of the limited partnership's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: S. 2508 43 A. 3008 (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a limited partnership served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited partnership has not objected thereto; and that the party signing the certificate is the agent of such limited partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. § 45. Paragraph 4 of subdivision (a) of section 121-902 of the part- nership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 46. The opening paragraph of subdivision (a) and subdivision (b) of section 121-903-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A foreign limited partnership may change its application for authority by filing with the department of state a certificate of change entitled "Certificate of Change of ........ (name of limited partnership) under Section 121-903-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) change the location of the limited partnership's office; (ii) change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against S. 2508 44 A. 3008 a foreign limited partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corpo- ration whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNER- SHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such foreign limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited partnership has not objected thereto; and that the party signing the certificate is the agent of such foreign limited part- nership to whose address the secretary of state is required to mail copies of process [or], THE EMAIL ADDRESS OF THE PARTY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited part- nership in whose behalf such certificate is filed. § 47. Paragraph 6 of subdivision (b) of section 121-905 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 48. Section 121-906 of the partnership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: § 121-906. Termination of existence. When a foreign limited partner- ship which has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or cancelled in the jurisdiction of its organization or when such foreign limited partnership is merged into or consolidated with another foreign limited partnership, (i) a certificate of the secretary of state, or official performing the equivalent function as to limited partnership records, in the jurisdiction of organization of such limited partnership attesting to the occurrence of any such event, or (ii) a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign limited partnership, the termination of its existence or the surrender of its authority, shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certif- icate of surrender of authority under section 121-905 of this article. The secretary of state shall continue as agent of the foreign limited partnership upon whom process against it may be served in the manner set forth in section 121-109 of this article, in any action or proceeding based upon any liability or obligation incurred by the foreign limited partnership within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be S. 2508 45 A. 3008 changed by filing with the department of state a certificate of amend- ment under section 121-903 or a certificate of change under section 121-903-A of this article. § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (7) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in section 121-109 of this article in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED. § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi- sion (j-1) of section 121-1500 of the partnership law, paragraph (I) of subdivision (a) as amended by chapter 643 of the laws of 1995 and as redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (4) a designation of the secretary of state as agent of the partner- ship without limited partners upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (j-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a registered limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such registered limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the registered limited liability partnership and, if it has been changed, the name under which it was originally filed with the depart- ment of state; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partner- ship to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered S. 2508 46 A. 3008 agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. § 51. Paragraph (v) of subdivision (a) and subdivision (i-1) of section 121-1502 of the partnership law, paragraph (v) of subdivision (a) as amended by chapter 470 of the laws of 1997 and subdivision (i-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (v) a designation of the secretary of state as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (i-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a New York registered foreign limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPO- RATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent of such registered foreign limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the New York registered foreign limited liability partnership; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability part- nership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. § 52. Subdivision (a) of section 121-1505 of the partnership law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (a) Service of process on the secretary of state as agent of a regis- tered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP under this article shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of S. 2508 47 A. 3008 state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such registered limited liability partnership shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such registered limited liability partnership, at the post office address on file in the department of state specified for such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP. § 53. Subdivision 7 of section 339-n of the real property law, as amended by chapter 346 of the laws of 1997, is amended to read as follows: 7. A designation of the secretary of state as agent of the corporation or board of managers upon whom process against it may be served AND THE POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of process on the secretary of state as agent of such corporation or board of managers shall be made [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION. (A) PERSONALLY delivering to and leaving with him or her or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the depart- ment of state in the city of Albany, duplicate copies of such process together with the statutory fee, which shall be a taxable disbursement. Service of process on such corporation or board of managers shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation or board of managers, at the post office address, on file in the department of state, specified for such purpose. (B) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRE- S. 2508 48 A. 3008 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION OR BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPO- RATION OR BOARD OF MANAGERS. Nothing in this subdivision shall affect the right to serve process in any other manner permitted by law. The corporation or board of managers shall also file with the secretary of state the name and post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary of state and shall update the filing as neces- sary. § 54. This act shall take effect January 1, 2023. PART P Section 1. The executive law is amended by adding a new section 142-b to read as follows: § 142-B. REMOTE NOTARIZATION. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: (A) "AUDIO-VIDEO COMMUNICATION" MEANS BEING ABLE TO SEE, HEAR, AND COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS. (B) "CREDENTIAL" MEANS A GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT THAT INCLUDES THE PRINCIPAL'S PHOTOGRAPH, SIGNATURE, AND MULTIPLE CREDENTIAL SECURITY FEATURES SUCH AS: A HOLOGRAPHIC IMAGE, RAISED OR TEXTURED PRINT, MICROPRINTING, LASER ENGRAVING, OPTICAL VARIABLE INK, LONG LIFE MULTI-LAYER PET (POLYETHYLENE TEREPHTHALATE)/PVC (POLYVINYL CHLORIDE) CREDENTIAL BODY CONSTRUCTION, THE ISSUING AGENCY'S SEAL, OR THE CREDENTIAL HOLDER'S PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE COLOR, HAIR COLOR). (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE WHICH AUTHENTI- CATES A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC- ES, AND COMPLIES WITH THE FOLLOWING CRITERIA: (I) USES AUTOMATED SOFTWARE PROCESSES TO AID THE NOTARY PUBLIC IN VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL; (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST- ENT WITH SOUND COMMERCIAL PRACTICES THAT: (1) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL, PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES; (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT THE IDENTIFICATION CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED; (3) USES INFORMATION HELD OR PUBLISHED BY THE ISSUING SOURCE OR AN AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF PERSONAL DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC; AND (IV) ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC IN REAL TIME THROUGH AUDIO-VIDEO COMMUNICATION. (D) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW. S. 2508 49 A. 3008 (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY ACT, TRANS- ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC- TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP- TIBLE BY HUMAN SENSORY CAPABILITIES. (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC- ESS, ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD. (G) "IDENTITY PROOFING" MEANS A KNOWLEDGE-BASED AUTHENTICATION PROCESS THROUGH WHICH A THIRD PARTY CONFIRMS THE IDENTITY OF A PRINCIPAL THROUGH REVIEW OF PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA SOURCES AS MAY BE FURTHER DEFINED BY REGULATION. (H) "NOTARIAL ACT" MEANS THE PERFORMANCE OF AN ACT AUTHORIZED BY SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER. (I) "PRINCIPAL" MEANS AN INDIVIDUAL: (I) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED; (II) WHO HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY A NOTARY PUBLIC; OR (III) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED AFTER THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY A NOTARY PUBLIC. (J) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM. (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER WHERE A PRINCIPAL WHO IS NOT IN THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION. (L) "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY PUBLIC THROUGH AUDIO-VIDEO COMMUNICATION IN A MANNER THAT ALLOWS THE NOTARY PUBLIC TO COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL. (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED IN INK OR PENCIL OR OTHER MATERIAL TO A PAPER DOCUMENT. 2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED TO PERFORM A REMOTE NOTARIZATION BY UTILIZING AUDIO-VIDEO TECHNOLOGY THAT ALLOWS THE NOTARY PUBLIC TO INTERACT WITH A PRINCIPAL, PROVIDED THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET. (A) THE NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION. A NOTARY PUBLIC MAY REQUIRE AN INDIVIDUAL TO PROVIDE ADDITIONAL INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE NOTARY PUBLIC OF THE IDENTITY OF THE PRINCIPAL. (B) THE AUDIO-VIDEO CONFERENCE MUST ALLOW FOR REAL-TIME, DIRECT INTER- ACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC. (C) THE COMMUNICATION TECHNOLOGY MUST PROVIDE REASONABLE SECURITY MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL. (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR- IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS. (E) THE NOTARY PUBLIC MUST TAKE REASONABLE STEPS TO ENSURE THAT A BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED FROM UNAUTHORIZED USE. A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO RETAIN SUCH RECORDINGS ON BEHALF OF THE NOTARY, PROVIDED THAT ALL RECORDINGS RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY UPON REQUEST. S. 2508 50 A. 3008 (F) IF A NOTARIAL ACT IS PERFORMED UNDER THIS SECTION, THE CERTIF- ICATES OF AN ACKNOWLEDGMENT MUST CONFORM SUBSTANTIALLY WITH THE LANGUAGE IN THIS PARAGRAPH THAT CORRESPONDS TO THE TYPE OF TRANSACTION AT ISSUE, THE BLANKS BEING PROPERLY FILLED. (1) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED OUTSIDE THE STATE OF NEW YORK: STATE OF NEW YORK }SS.: COUNTY OF ........} ON THE .......... DAY OF ........ IN THE YEAR ..... BEFORE ME, THE UNDERSIGNED, APPEARED THROUGH USE OF AUDIO AND VIDEO COMMUNI- CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO THE WITHIN INSTRUMENT, ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT, AND WHO DECLARED THAT (PRONOUN) (IS) (ARE) LOCATED IN ... (JURISDICTION AND LOCATION NAME) AND THAT THIS RECORD IS TO BE FILED WITH OR RELATES TO A MATTER BEFORE A COURT, GOVERNMENTAL ENTITY, PUBLIC OFFICIAL, OR OTHER ENTITY LOCATED IN THE TERRITORIAL JURISDICTION OF THE UNITED STATES, OR INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC- TION OF, OR A TRANSACTION SUBSTANTIALLY CONNECTED WITH, THE UNITED STATES. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.) (2) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED WITHIN THE STATE OF NEW YORK: STATE OF NEW YORK }SS.: COUNTY OF ........} ON THE .......... DAY OF ..... IN THE YEAR ..... BEFORE ME, THE UNDERSIGNED, APPEARED THROUGH USE OF AUDIO AND VIDEO COMMUNI- CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.) (G) FOR RECEIPT AND CERTIFICATION OF INSTRUMENTS, THE PRINCIPAL MUST TRANSMIT BY FAX OR ELECTRONIC MEANS A LEGIBLE COPY OF THE SIGNED SIGNA- TURE PAGE DIRECTLY TO THE NOTARY PUBLIC ON THE SAME DATE IT WAS SIGNED BEFORE THE NOTARY PUBLIC AFFIXES THEIR WET SIGNATURE. (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT THE TIME OF THE REMOTE NOTARIZATION. (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA- TION PERFORMED PURSUANT TO THIS SECTION, WHICH UPON DEMAND, SHALL BE SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY THIS SUBDIVISION SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR AS LONG AS SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL FIVE YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL: (1) BE MADE CONTEMPORANEOUSLY WITH THE PERFORMANCE OF THE NOTARIAL ACT; (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT; (3) INDICATE THE NAME OF THE PRINCIPAL; (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE PRESENTATION; (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL. S. 2508 51 A. 3008 3. THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE PRIN- CIPAL AT THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF THE FOLLOWING METHODS: (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR (B) IDENTIFICATION OF THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE NOTARY BY MEANS OF AUDIO-VIDEO COMMUNICATION BY EACH OF THE FOLLOWING: (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL; (II) CREDENTIAL ANALYSIS; AND (III) IDENTITY PROOFING OF THE PRINCIPAL; OR (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO IS IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS SUBDIVI- SION. 4. THE NOTARY PUBLIC MAY NOTARIZE THE ELECTRONICALLY TRANSMITTED COPY OF THE DOCUMENT AND TRANSMIT THE DOCUMENT BACK TO THE PRINCIPAL BY MAIL, OR BY FAX OR SECURE ELECTRONIC MEANS. IF THE NOTARIZED DOCUMENT IS TRAN- SMITTED TO THE PRINCIPAL BY FAX OR SECURE ELECTRONIC MEANS, THE NOTARY PUBLIC SHALL PROMPTLY DESTROY THE ORIGINAL AFTER RECEIVING CONFIRMATION OF THE TRANSMISSION. AN ELECTRONICALLY TRANSMITTED DOCUMENT NOTARIZED PURSUANT TO THIS SECTION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT. THE NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL SIGNED DOCU- MENT AS OF THE DATE OF EXECUTION PROVIDED THE NOTARY PUBLIC RECEIVES SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION. 5. NOTWITHSTANDING ARTICLE 9 OF THE REAL PROPERTY LAW OR ANY OTHER LAW OR REGULATION TO THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS SECTION SHALL BE A PERMISSIVE ALTERNATIVE TO A PERSONAL APPEARANCE, UNLESS A LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS SECTION. 6. ANY PERSON WHO SUFFERS ACTUAL DAMAGES AS A RESULT OF A PRINCIPAL WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE A CIVIL CAUSE OF ACTION AGAINST ANY SUCH PRINCIPAL IN A COURT OF COMPETENT JURISDICTION. 7. THE SECRETARY OF STATE MAY PROMULGATE REGULATIONS ESTABLISHING MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT UNAUTHORIZED ACCESS TO AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL, AND ANY OTHER MATTERS NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SECTION. 8. PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE SECRE- TARY OF STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY PUBLIC THAT VIOLATES THIS SECTION. 9. NOTARIAL SIGNATURE. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A NOTARY PUBLIC TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZATION. EACH REMOTE NOTARIZATION SHALL BE COMPLETED BY WET SIGNATURE. (B) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE HUNDRED THIR- TY-THREE OF THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON ANY DOCUMENT THAT HAS BEEN REMOTELY NOTARIZED IN COMPLIANCE WITH THIS SECTION. 10. FEES. NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTI- CLE, A NOTARY PUBLIC THAT PERFORMS A REMOTE NOTARIZATION PURSUANT TO THIS SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES: (A) FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE SAME WHEN REQUIRED, EXCEPT WHERE ANOTHER FEE IS SPECIFICALLY PRESCRIBED BY STATUTE, FIVE DOLLARS. S. 2508 52 A. 3008 (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION OF A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH ADDI- TIONAL PERSON, FIVE DOLLARS, FOR SWEARING EACH WITNESS THERETO, FIVE DOLLARS. 11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY PUBLIC TO PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT SATISFIED THAT (I) THE PRINCIPAL IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE. § 2. Subdivision 1 of section 309-a of the real property law, as sepa- rately amended by chapter 179 of the laws of 1997 and chapter 596 of the laws of 1998, is amended to read as follows: 1. The certificate of an acknowledgment, within this state, of a conveyance or other instrument in respect to real property situate in this state, by a person, must conform substantially with the following form, the blanks being properly filled: State of New York }ss.: County of ........} On the .......... day of ........ in the year ..... before me, the undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY AUDIO AND VIDEO TECHNOLOGY ........, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.) § 3. Subdivision 1 of section 309-b of the real property law, as amended by chapter 609 of the laws of 2002, is amended to read as follows: 1. The certificate of an acknowledgement, without this state, of a conveyance or other instrument with respect to real property situate in this state, by a person, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country ) ss.: On the _______ day of __________ in the year _______ before me, the undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY AUDIO AND VIDEO TECHNOLOGY ______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.) § 4. This act shall take effect immediately. PART Q Section 1. Paragraph (b) of subdivision 5 of section 8-0111 of the environmental conservation law, as amended by chapter 388 of the laws of 2011, is amended to read as follows: S. 2508 53 A. 3008 (b) Actions subject to the provisions requiring a certificate of envi- ronmental compatibility and public need in articles seven, ten and the former article eight of the public service law OR REQUIRING A SITING PERMIT UNDER SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; or § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7 of section 94-c of the executive law, as added by section 4 of part JJJ of chapter 58 of the laws of 2020, is amended to read as follows: (i) Notwithstanding any other provision of law, rule, or regulation to the contrary and consistent with appropriations therefor, employees of any state agency who are necessary to the functions of the office and who may be substantially engaged in the performance of its functions shall be transferred to the office in accordance with the provisions of section [seventy-eight] SEVENTY of the civil service law. Employees transferred pursuant to this section shall be transferred without further examination or qualification and shall retain their respective civil service classifications. Nothing set forth in this subdivision shall be construed to impede, infringe, or diminish the rights and bene- fits that accrue to employees through collective bargaining agreements, impact or change an employee's membership in a bargaining unit, or otherwise diminish the integrity of the collective bargaining relation- ship. (d) In addition to the fees established pursuant to paragraph (a) of this subdivision, the office, pursuant to regulations adopted pursuant to this section, may assess a fee for the purpose of recovering [the] costs the office incurs [related to reviewing and processing an applica- tion submitted under this section]. § 3. Subdivision 2-b of section 2 of the public service law, as amended by chapter 6 of the laws of 2011, is amended to read as follows: 2-b. The term "alternate energy production facility," when used in this chapter, includes any solar, wind turbine, fuel cell, tidal, wave energy, waste management resource recovery, refuse-derived fuel, wood burning facility, or energy storage device utilizing batteries, flow batteries, flywheels or compressed air, together with any related facil- ities located at the same project site, with an electric generating capacity of [up to eighty] LESS THAN TWENTY-FIVE megawatts, which produces electricity, gas or useful thermal energy. § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 3, 2020; provided, however, that section three of this act shall not apply to any major electric generating facility issued a certificate under article 10 of the public service law prior to such date; and provided further, that the amendments to section 94-c of the executive law, made by section two of this act, shall not affect the repeal of such section and shall be deemed repealed therewith. PART R Section 1. Notwithstanding any provision of law to the contrary, general, special or local, (1) a building owner is authorized pursuant to sections 28-320-3.6 and 28-320-3.6.1 of the administrative code of the city of New York to deduct from the reported annual building emis- sions the number of renewable energy credits purchased by or on behalf of such owner associated with energy produced by a renewable energy resource that is eligible under tier 2 of the renewable energy standard (RES) adopted by the public service commission, or qualifying renewable energy credits made available through contracts with the New York state S. 2508 54 A. 3008 energy research and development authority and associated with energy produced by offshore wind energy resources delivering into the zone J load zone or energy resources subject to tier 4 of the RES; provided, however, that such building owner may only use tier 2 renewable energy credits for the purposes of this subdivision in the absence of the availability of such offshore wind or tier 4 renewable energy credits; and (2) renewable energy credits associated with energy produced by such offshore wind, tier 2 and tier 4 energy resources shall be treated the same with respect to the conversion of such credits into emissions that may be deducted by such building owner. § 2. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2034. PART S Section 1. The public authorities law is amended by adding a new section 2564-a to read as follows: § 2564-A. ADDITIONAL POWERS OF THE CORPORATION. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PREMISES" MEANS ALL BUILDINGS AND STRUCTURES NOW OR HEREAFTER CONSTITUTING ALL OR ANY PART OF THE JACOB K. JAVITS CONVENTION CENTER AT AND IN THE GENERAL VICINITY OF 655 WEST 34TH STREET AND 650 WEST 39TH STREET, NEW YORK, NEW YORK, TOGETHER WITH THE LANDS ON WHICH SUCH BUILD- INGS AND STRUCTURES ARE OR WILL BE LOCATED. (B) "NEW YORK CITY CODES" MEANS THE NEW YORK CITY CONSTRUCTION CODES OF TWO THOUSAND FOURTEEN, INCLUDING BUT NOT LIMITED TO THE BUILDING, MECHANICAL, PLUMBING, FUEL GAS, AND ENERGY CONSERVATION CODES; THE NEW YORK CITY CONSTRUCTION AND MAINTENANCE CODE OF NINETEEN HUNDRED SIXTY- EIGHT; THE NEW YORK CITY FIRE CODE OF TWO THOUSAND FOURTEEN; THE NEW YORK CITY ELECTRICAL CODE; THE NEW YORK CITY ENERGY CODE; TITLE ONE OF THE RULES OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS; TITLE TWO OF THE RULES OF THE CITY OF NEW YORK BOARD OF STANDARDS AND APPEALS; AND TITLE THREE OF THE RULES OF THE CITY OF NEW YORK FIRE DEPARTMENT. (C) "THE UNIFORM CODE" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE. (D) "THE NYS ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE. (E) "PART TWELVE HUNDRED FOUR" MEANS PART TWELVE HUNDRED FOUR OF TITLE NINETEEN OF THE CODES, RULES AND REGULATIONS OF NEW YORK STATE, AS AMENDED. 2. IN CONNECTION WITH THE OPERATIONS AND ONGOING EVENTS AND OTHER ACTIVITIES AT ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART OF A PREMISES, THE CORPORATION MAY, FOR PURPOSES OF SUCH PREMISES, ACT AS THE CONSTRUCTION-PERMITTING AGENCY PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE LAW AND THE REGULATIONS PROMULGATED THEREUNDER, AS AMENDED. NOTWITHSTANDING ANY OTHER PROVISION OF ANY OTHER STATE OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY: (A) WHEN THE CORPORATION ACTS AS THE CONSTRUCTION-PERMITTING AGENCY FOR THE PREMISES OR ANY PORTION THEREOF, THE CORPORATION MAY ELECT, IF DEEMED FEASIBLE AND APPROPRIATE, TO SUBJECT ALL OR ANY PART OF SUCH PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF THE PREMISES TO THE REQUIREMENTS OF THE NEW YORK CITY CODES, AS AMENDED, INSTEAD OF THE REQUIREMENTS OF THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED, FOR SUCH PREMISES; AND (B) NOTWITHSTANDING THE FACT THAT SUCH PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF SUCH PREMISES SHALL BE S. 2508 55 A. 3008 SUBJECT TO THE REQUIREMENTS OF THE NEW YORK CITY CODES INSTEAD OF THE REQUIREMENTS OF THE UNIFORM CODE AND NYS ENERGY CODE: (I) THE CORPORATION SHALL BE AUTHORIZED TO: (A) RENDER SUCH SERVICES FOR ALL OR ANY PORTION OF ANY SUCH PREMISES WITHOUT APPROVAL OF ANY OTHER STATE DEPARTMENT, AGENCY, OFFICER OR OFFICE BUT ONLY AS DIRECTLY RELATED TO THE AUTHORITY GRANTED BY THIS SECTION; AND (B) TAKE ALL REASONABLY REQUIRED ACTIONS TO EXECUTE ITS DUTIES AS THE CONSTRUCTION-PERMITTING AGENCY, INCLUDING WITHOUT LIMITATION, THOSE REQUIRED TO REVIEW, PERMIT AND INSPECT THE PREMISES AND ENFORCE THE NEW YORK CITY CODES; AND (C) ISSUE TEMPORARY PLACE OF ASSEMBLY PERMITS, TEMPORARY STRUCTURE PERMITS, CONSTRUCTION PERMITS AND ALL OTHER PERMITS AVAILABLE UNDER THE NEW YORK CITY CODES AFTER DETERMINING ANY REQUEST OR APPLICATION FOR SUCH PERMITS COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND (D) ISSUE A CODE COMPLIANCE CERTIFICATE, CERTIFICATE OF OCCUPANCY, OR A TEMPORARY APPROVAL FOR OCCUPANCY ALLOWING USE AND OCCUPANCY OF THE PREMISES OR PARTS THEREOF AFTER DETERMINING SUCH PREMISES OR PARTS THER- EOF COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND (E) EMPLOY SUCH EXPERTS AND CONSULTANTS AS SHALL REASONABLY BE REQUIRED TO FULFILL ITS RESPONSIBILITIES AS THE CONSTRUCTION-PERMITTING AGENCY; AND (II) THE CORPORATION SHALL CONTINUE TO ACT AS THE CONSTRUCTION-PERMIT- TING AGENCY FOR SUCH PREMISES AND FOR ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF SUCH PREMISES, AND SHALL DETERMINE THAT THE DESIGN OF ANY SUCH BUILDING AND STRUCTURE, OR, IF APPLICABLE, THE DESIGN OF ANY PHASE OR PORTION OF ANY SUCH BUILDING OR STRUCTURE, COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CONSTRUCTION PERMIT FOR SUCH BUILDING OR STRUCTURE, OR PHASE OR PORTION THEREOF, AND SHALL DETERMINE THAT SUCH BUILDING OR STRUCTURE, OR, IF APPLICABLE, ANY PHASE OR PORTION THEREOF, COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CODE COMPLIANCE CERTIFICATE OR TEMPORARY APPROVAL FOR OCCUPANCY FOR SUCH BUILDING OR STRUCTURE, OR PHASE OR PORTION THEREOF; AND (III) UPON WRITTEN REQUEST OF THE CORPORATION OR ANY OTHER INTERESTED PARTY FOR A VARIANCE OR MODIFICATION OF ANY PROVISION OR REQUIREMENT OF ANY ONE OR MORE OF THE NEW YORK CITY CODES, THE DEPARTMENT OF STATE SHALL BE AUTHORIZED TO CONSIDER THE EVIDENCE OFFERED AND SUCH OTHER REPORTS, STUDIES AND OTHER INFORMATION THE DEPARTMENT OF STATE MAY DEEM APPROPRIATE, ARRANGE FOR THE REVIEW OF THE REQUEST BY OTHER STATE AGEN- CIES OR INTERNAL OR EXTERNAL EXPERTS AND CONSULTANTS, MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND RENDER A DECISION IN WRITING ON SUCH REQUEST, GRANTING OR DENYING, IN WHOLE OR IN PART, THE REQUESTED VARI- ANCE OR MODIFICATION, PROVIDED, HOWEVER, THAT: (A) NO SUCH VARIANCE OR MODIFICATION SHALL BE GRANTED UNLESS THE APPLICANT ESTABLISHES TO THE SATISFACTION OF THE DEPARTMENT OF STATE THAT GRANTING SUCH VARIANCE OR MODIFICATION SHALL NOT MATERIALLY AFFECT ADVERSELY PROVISIONS FOR HEALTH, SAFETY AND SECURITY; AND (B) ANY DECISION TO GRANT A VARIANCE OR MODIFICATION, IN WHOLE OR IN PART, SHALL ALSO BE NOTED ON THE APPLICABLE PLANS AND SPECIFICATIONS SIGNED AND SEALED BY A PROFESSIONAL ENGINEER OR ARCHITECT; AND (IV) SUCH PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF SUCH PREMISES SHALL CONTINUE TO BE SUBJECT TO THE PROVISIONS OF PART TWELVE HUNDRED FOUR; PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF APPLYING PART TWELVE HUNDRED FOUR, ALL REFERENCES IN PART S. 2508 56 A. 3008 TWELVE HUNDRED FOUR TO THE UNIFORM CODE SHALL BE DEEMED TO BE REFERENCES TO THE NEW YORK CITY CODES; AND (V) NO MUNICIPAL CORPORATION OR SUBDIVISION THEREOF SHALL HAVE THE POWER TO MODIFY OR CHANGE THE PLANS OR SPECIFICATIONS FOR SUCH PREMISES, OR THE CONSTRUCTION, PLUMBING, HEATING, LIGHTING OR OTHER MECHANICAL BRANCH WORK NECESSARY TO COMPLETE THE WORK IN QUESTION, NOR TO REQUIRE THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON ANY SUCH WORK SHALL PERFORM ANY SUCH WORK IN ANY OTHER DIFFERENT MANNER THAN THAT REQUIRED BY SUCH PLANS AND SPECIFICATIONS, NOR TO CONDUCT CONSTRUCTION-RELATED INSPECTIONS, INCLUDING BUT NOT LIMITED TO FIRE SAFETY INSPECTIONS OR OTHER INSPECTIONS OF SUCH PREMISES OR OF ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART OF SUCH PREMISES, NOR TO ISSUE NOTICES OF VIOLATION, ORDERS TO REMEDY, SUMMONSES, OR OTHER ENFORCEMENT-RELATED INSTRUMENTS OF ANY KIND RELATING TO ANY ALLEGED VIOLATION OF THE NEW YORK CITY CODES BY SUCH PREMISES OR ANY BUILDING OR STRUCTURE CONSTITUT- ING ALL OR ANY PART OF SUCH PREMISES, AND NO CONDITION OR REQUIREMENT WHATEVER MAY BE IMPOSED BY ANY SUCH MUNICIPAL CORPORATION OR SUBDIVISION THEREOF IN RELATION TO WORK BEING DONE ON SUCH PREMISES, AS SUCH WORK SHALL BE UNDER THE SOLE CONTROL OF THE CORPORATION IN ACCORDANCE WITH THE PLANS, SPECIFICATION AND CONTRACTS IN RELATION THERETO, PROVIDED THAT EMERGENCY PERSONNEL SHALL HAVE ACCESS TO THE PREMISES SITE FOR PURPOSES OF EMERGENCY OPERATIONS, COORDINATION, AND PREPAREDNESS; AND (C) THE CORPORATION SHALL BE RESPONSIBLE FOR REIMBURSEMENT TO THE DEPARTMENT OF STATE FOR COSTS INCURRED IN CONSIDERING A REQUEST FOR A VARIANCE OR MODIFICATION AS CONTEMPLATED BY SUBPARAGRAPH (III) OF PARA- GRAPH (B) OF THIS SUBDIVISION. 3. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM NEGOTI- ATING AN AGREEMENT WITH THE APPLICABLE MUNICIPAL CORPORATION TO ASSUME ADMINISTRATION AND ENFORCEMENT OF ANY APPLICABLE CODES WITH RESPECT TO THE PREMISES OR ANY INDIVIDUAL PROJECT ON THE PREMISES. 4. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM UTILIZ- ING THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED FOR ANY ADDI- TIONAL WORK THAT REQUIRES A CONSTRUCTION PERMIT. § 2. This act shall take effect immediately. PART T Section 1. Legislative Findings. The legislature hereby finds and determines that the establishment of the utility debt securitization authority under part B of chapter 173 of the laws of 2013, as amended, permitted the issuance of securitized restructuring bonds on favorable terms which resulted in lower aggregate distribution, transmission and transition charges to Long Island ratepayers, compared to other avail- able alternatives, and the purposes of such act will be further advanced by amending such act to permit the issuance of additional such bonds subject to a limit on the outstanding principal amount thereof and to allow such bonds to be issued to refund bonds of the utility debt secu- ritization authority. The legislature hereby further finds and deter- mines that improvements to the transmission and distribution system of the Long Island Power Authority to increase resiliency and better with- stand the effects of climate change are necessary, and that issuance of securitized restructuring bonds by the Utility Debt Securitization Authority may allow the funding of such improvements on more favorable terms than if such bonds were issued by the Long Island Power Authority. § 2. Subdivision 2 of section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to S. 2508 57 A. 3008 refinance the outstanding debt of the Long Island power authority, is amended to read as follows: 2. "Approved restructuring costs" means, to the extent approved as such under a restructuring cost financing order, (a) costs of purchas- ing, redeeming or defeasing a portion of outstanding debt of the author- ity OR THE RESTRUCTURING BOND ISSUER, including bonds and notes issued by the authority OR THE RESTRUCTURING BOND ISSUER, debt issued by the New York state energy research and development authority for the benefit of the LILCO; (b) costs of terminating interest rate swap contracts and other financial contracts entered into by or for the benefit of the authority and related to debt obligations of the authority; (c) rebate, yield reduction payments and any other amounts payable to the United States Treasury or to the Internal Revenue Service to preserve or protect the federal tax-exempt status of outstanding debt obligations of the authority; [and] (d) upfront financing costs associated with restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS. § 3. Subdivision 11 of section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, as amended by section 2-a of part W of chapter 58 of the laws of 2015, is amended to read as follows: 11. "Restructuring bonds" means bonds or other evidences of indebt- edness that are issued pursuant to an indenture or other agreement of the restructuring bond issuer under a restructuring cost financing order (a) the proceeds of which are used, directly or indirectly, to recover, finance, or refinance approved restructuring costs, (b) that are direct- ly or indirectly secured by, or payable from, restructuring property, AND (c) that have a term no longer than thirty years [and (d) that have a final scheduled maturity date no later than the final scheduled matu- rity date of the authority bonds purchased, redeemed or defeased with the proceeds of such restructuring bonds]. § 4. Section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended by adding a new subdivision 17-a to read as follows: 17-A. "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV- ING OR CONSTRUCTING TRANSMISSION AND DISTRIBUTION SYSTEM ASSETS TO INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE, ABSORB IMPACTS FROM OUTAGE-INDUCING EVENTS, AND RECOVER QUICKLY FROM OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF POLES AND WIRES, MOVING POWER LINES UNDERGROUND, RAISING SUBSTATIONS, CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS- ING, REDEEMING OR DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE SUCH COSTS OR REIMBURSING THE AUTHORITY FOR AMOUNTS ALREADY SPENT ON SUCH COSTS. § 5. Subdivision 1 of section 3 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended to read as follows: 1. Standard. The authority may prepare a restructuring cost financing order (A) for the purpose of issuing restructuring bonds to refinance outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based on a finding that such bond issuance is expected to result in savings to consumers of electric transmission and distribution services in the service area on a net present value basis; OR (B) FOR THE PURPOSE OF S. 2508 58 A. 3008 ISSUING RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED ON A FINDING THAT FUNDING OF SUCH SYSTEM RESILIENCY COSTS BY THE ISSUER WOULD RESULT IN LOWER COSTS TO CONSUMERS OF ELECTRIC TRANSMISSION AND DISTRIBUTION SERVICES IN THE SERVICE AREA ON A NET PRESENT VALUE BASIS THAN FUNDING OF SUCH COSTS BY THE AUTHORITY. § 6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restruc- turing bonds to refinance the outstanding debt of the Long Island power authority, as amended by section 3 of part W of chapter 58 of the laws of 2015, is amended to read as follows: (a) For the purpose of effectuating the purposes declared in section one of this act, there is hereby created a special purpose corporate municipal instrumentality of the state to be known as "utility debt securitization authority", which shall be a body corporate and politic, a political subdivision of the state, and a public benefit corporation, exercising essential governmental and public powers for the good of the public. Such restructuring bond issuer shall not be created or organ- ized, and its operations shall not be conducted, for the purpose of making a profit. No part of the revenues or assets of such restructuring bond issuer shall inure to the benefit of or be distributable to its trustees or officers or any other private persons, except as herein provided for actual services rendered. [The aggregate principal amount of restructuring bonds authorized to be issued by restructuring bond issuers created pursuant to this act shall not exceed] NO MORE THAN four billion five hundred million dollars AGGREGATE PRINCIPAL AMOUNT OF RESTRUCTURING BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED PURSU- ANT TO THIS ACT SHALL BE OUTSTANDING AT ANY TIME. FOR THE PURPOSES OF THIS SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE OUTSTANDING IF THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR PROVISION FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE. § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of section 4 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, subparagraph (i) as amended and subparagraph (iv) as added by section 4 of part W of chapter 58 of the laws of 2015, are amended to read as follows: (i) issue the restructuring bonds contemplated by a restructuring cost financing order, and use the proceeds thereof to purchase or acquire, and to own, hold and use restructuring property or to pay or fund upfront financing costs [provided, however, that the restructuring bond issuer shall not issue restructuring bonds for the purpose of refunding other restructuring bond]; (iv) [only] issue restructuring bonds of which the final scheduled maturity date of any series of restructuring bonds shall be no later than [the final scheduled maturity date of the authority bonds to be purchased, redeemed or defeased with the proceeds of such restructuring bonds] THIRTY YEARS FROM THE DATE OF ISSUANCE OF SUCH RESTRUCTURING BONDS. § 8. This act shall take effect immediately. PART U Section 1. Paragraph 4 of subdivision (c) of section 188-a of the economic development law, as added by section 2 of part CC of chapter 60 of the laws of 2011, is amended to read as follows: S. 2508 59 A. 3008 (4) The board may base its recommendation on which eligible applicants it determines best meet the applicable criteria; provided, however, that the board shall dedicate recharge New York power as follows: (i) at least three hundred fifty megawatts for use at facilities located within the service territories of the utility corporations that, prior to the effective date of this section, purchased Niagara and Saint Lawrence hydroelectric power for the benefit of their domestic and rural consum- ers; (ii) at least two hundred megawatts for the purposes of attracting new business to the state, creating new business within the state, or encouraging the expansion of existing businesses within the state, that create new jobs or leverage new capital investment; and (iii) an amount not to exceed one hundred FIFTY megawatts for eligible small businesses and eligible not-for-profit corporations. § 2. This act shall take effect immediately. PART V Section 1. Subsections (e) and (g) of section 7002 of the insurance law, as amended by chapter 188 of the laws of 2003, are amended to read as follows: (e) "Industrial insured" means an insured: (1) whose net worth exceeds one hundred million dollars; (2) who is a member of a holding company system whose net worth exceeds one hundred million dollars; (3) who is the metropolitan transportation authority and its statutory subsidiaries. When filing an application to form a pure captive insur- ance company the metropolitan transportation authority shall submit written notice of such filing to the governor, the temporary president of the senate and the speaker of the assembly; [or] (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU- TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM A PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT- TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR (5) who is a city with a population of one million or more. When filing an application to form a pure captive insurance company, a city with a population of one million or more shall submit written notice of such filing to the governor, the temporary president of the senate and the speaker of the assembly. (g) "Industrial insured group" means any group of unaffiliated indus- trial insureds that are engaged in similar or related businesses or activities, however, the metropolitan transportation authority, THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF and cities with a population of one million or more shall not be a member of an industrial insured group, and that collec- tively: (1) own, control or hold with power to vote all of the outstanding voting shares of stock of a group captive insurance company incorporated as a stock insurer; or (2) represent one hundred percent of the voting members of a group captive insurance company organized as a mutual insurer. § 2. Section 1005 of the public authorities law is amended by adding a new subdivision 28 to read as follows: 28. THE AUTHORITY MAY ESTABLISH A SUBSIDIARY CORPORATION FOR THE PURPOSE OF FORMING A PURE CAPTIVE INSURANCE COMPANY AS PROVIDED IN SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW. THE MEMBERS OF SUCH S. 2508 60 A. 3008 SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD- ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS TITLE. THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE AUTHORITY. § 3. Subdivision (a) of section 1500 of the tax law, as amended by section 21 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (a) The term "insurance corporation" includes a corporation, associ- ation, joint stock company or association, person, society, aggregation or partnership, by whatever name known, doing an insurance business, and, notwithstanding the provisions of section fifteen hundred twelve of this article, shall include (1) a risk retention group as defined in subsection (n) of section five thousand nine hundred two of the insur- ance law, (2) the state insurance fund and (3) a corporation, associ- ation, joint stock company or association, person, society, aggregation or partnership doing an insurance business as a member of the New York insurance exchange described in section six thousand two hundred one of the insurance law. The definition of the "state insurance fund" contained in this subdivision shall be limited in its effect to the provisions of this article and the related provisions of this chapter and shall have no force and effect other than with respect to such provisions. The term "insurance corporation" shall also include a captive insurance company doing a captive insurance business, as defined in subsections (c) and (b), respectively, of section seven thousand two of the insurance law; provided, however, "insurance corporation" shall not include the metropolitan transportation authority, THE POWER AUTHOR- ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, or a public benefit corporation or not-for-profit corporation formed by a city with a population of one million or more pursuant to subsection (a) of section seven thousand five of the insurance law, each of which is expressly exempt from the payment of fees, taxes or assessments, whether state or local; and provided further "insurance corporation" does not include any combinable captive insurance company. The term "insurance corporation" shall also include an unauthorized insurer operating from an office within the state, pursuant to paragraph five of subsection (b) of section one thousand one hundred one and subsection (i) of section two thousand one hundred seventeen of the insurance law. The term "insurance corporation" also includes a health maintenance organization required to obtain a certificate of authority under article forty-four of the public health law. § 4. Subdivision (a) of section 1502-b of the tax law, as amended by section 22 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (a) In lieu of the taxes and tax surcharge imposed by sections fifteen hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen hundred ten of this article, every captive insurance company licensed by the superintendent of financial services pursuant to the provisions of article seventy of the insurance law, other than the metropolitan trans- portation authority, THE POWER AUTHORITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, and a public benefit corporation or not-for-profit corporation formed by a city with a population of one S. 2508 61 A. 3008 million or more pursuant to subsection (a) of section seven thousand five of the insurance law, each of which is expressly exempt from the payment of fees, taxes or assessments whether state or local, and other than combinable captive insurance company, shall, for the privilege of exercising its corporate franchise, pay a tax on (1) all gross direct premiums, less return premiums thereon, written on risks located or resident in this state and (2) all assumed reinsurance premiums, less return premiums thereon, written on risks located or resident in this state. The rate of the tax imposed on gross direct premiums shall be four-tenths of one percent on all or any part of the first twenty million dollars of premiums, three-tenths of one percent on all or any part of the second twenty million dollars of premiums, two-tenths of one percent on all or any part of the third twenty million dollars of premi- ums, and seventy-five thousandths of one percent on each dollar of premiums thereafter. The rate of the tax on assumed reinsurance premiums shall be two hundred twenty-five thousandths of one percent on all or any part of the first twenty million dollars of premiums, one hundred and fifty thousandths of one percent on all or any part of the second twenty million dollars of premiums, fifty thousandths of one percent on all or any part of the third twenty million dollars of premiums and twenty-five thousandths of one percent on each dollar of premiums there- after. The tax imposed by this section shall be equal to the greater of (i) the sum of the tax imposed on gross direct premiums and the tax imposed on assumed reinsurance premiums or (ii) five thousand dollars. § 5. This act shall take effect immediately. PART W Section 1. Expenditures of moneys by the New York state energy research and development authority for services and expenses of the energy research, development and demonstration program, including grants, the energy policy and planning program, the zero emissions vehi- cle and electric vehicle rebate program, and the Fuel NY program shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended in an amount not to exceed $22,700,000 shall be reimbursed by assessment against gas corporations, as defined in subdivision 11 of section 2 of the public service law and electric corporations as defined in subdivision 13 of section 2 of the public service law, where such gas corporations and electric corporations have gross revenues from intrastate utility operations in excess of $500,000 in the preceding calendar year, and the total amount assessed shall be allocated to each electric corporation and gas corporation in proportion to its intrastate electricity and gas revenues in the calendar year 2019. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law. The chair of the public service commission shall bill such gas and/or electric corporations for such amounts on or before August 10, 2021 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2021. Upon receipt, the New York state energy research and development authority shall deposit such funds in the energy research and development operating fund estab- lished pursuant to section 1859 of the public authorities law. The New York state energy research and development authority is authorized and directed to: (1) transfer up to $4 million to the state general fund for climate change related services and expenses of the department of envi- S. 2508 62 A. 3008 ronmental conservation, $150,000 to the state general fund for services and expenses of the department of agriculture and markets, and $825,000 to the University of Rochester laboratory for laser energetics from the funds received; and (2) commencing in 2016, provide to the chair of the public service commission and the director of the budget and the chairs and secretaries of the legislative fiscal committees, on or before August first of each year, an itemized record, certified by the presi- dent and chief executive officer of the authority, or his or her desig- nee, detailing any and all expenditures and commitments ascribable to moneys received as a result of this assessment by the chair of the department of public service pursuant to section 18-a of the public service law. This itemized record shall include an itemized breakdown of the programs being funded by this section and the amount committed to each program. The authority shall not commit for any expenditure, any moneys derived from the assessment provided for in this section, until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encom- passing all moneys available to and all anticipated commitments and expenditures by such authority from any source for the operations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the chair to the chairs and secre- taries of the legislative fiscal committees. Any such amount not commit- ted by such authority to contracts or contracts to be awarded or other- wise expended by the authority during the fiscal year shall be refunded by such authority on a pro-rata basis to such gas and/or electric corpo- rations, in a manner to be determined by the department of public service, and any refund amounts must be explicitly lined out in the itemized record described above. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART X Section 1. Section 11-0701 of the environmental conservation law, as amended by section 1-a of part R of chapter 58 of the laws of 2013, paragraph a of subdivision 1 as amended by section 21 and subdivision 9 as amended by section 17 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: § 11-0701. Definitions of licenses and privileges of licensees. 1. A hunting license[: a.] entitles a holder who is twelve [or], thirteen, FOURTEEN OR FIFTEEN years of age to hunt wildlife[, except big game,] as provided in title 9 of this article subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law. [A holder who is twelve or thirteen years of age shall not hunt with a crossbow. b. entitles a holder who is fourteen or fifteen years of age to hunt wildlife, including wild deer and bear, as provided in title 9 of this article, subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law.] 2. a. A hunting license entitles the holder to hunt wildlife subject to the following: (1) a holder who is eighteen years of age or older may hunt wildlife as provided in title 9 of this article, S. 2508 63 A. 3008 (2) a holder who is sixteen years of age or older may hunt wildlife, except big game, as provided in title 9 of this article, [and] (3) a holder who is between the ages of sixteen and eighteen may hunt big game pursuant to the provisions of title 9 of this article while the holder is accompanied by a parent, guardian or person over the age of eighteen as required by section 11-0929 of this article[. A] , AND (4) A holder may take fish with a longbow as provided in titles 9 and 13 this article. b. A special antlerless deer license is applicable to the hunting of wild antlerless deer in a special open season fixed pursuant to subdivi- sion 6 of section 11-0903 of this article in a tract within a Wilderness Hunting Area and entitles the holder of a hunting license to hunt antlerless deer in such special open season, as provided in title 9 of this article if he or she has on his or her person while so hunting both his or her hunting license and his or her special antlerless deer license. 3. A bowhunting privilege when included on a hunting license entitles a holder: (1) who is between the ages of twelve and sixteen years to hunt wild deer and bear with a longbow OR CROSSBOW during the special archery season and during the regular season, as provided in title 9 of this article, subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article; (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow, as provided in title 9 of this article, in a special longbow season; and (3) who is sixteen or seventeen years of age to exercise the same privileges subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article. 4. A fishing license entitles the holder to take fish by angling, spearing, hooking, longbow and tipups, to take frogs by spearing, catch- ing with the hands or by use of a club or hook, and to take bait fish for personal use, as provided in titles 9 and 13 of this article, except that such license shall not entitle the holder to take migratory fish of the sea or to take fish from the waters of the marine district. 5. A non-resident bear tag entitles a person who has not been a resi- dent of the state for more than thirty days who also possesses a hunting license to hunt bear during the regular open season therefor or in an open season fixed by regulation pursuant to subdivision eight of section 11-0903 of this article. It entitles a non-resident holder who also possesses a hunting license with bowhunting privilege to hunt bear with a longbow OR CROSSBOW during the open bear season. It entitles a non-re- sident holder who also possesses a hunting license with muzzle-loading privilege to hunt bear with a muzzleloader during the open bear season. 6. A seven-day fishing license entitles the holder to exercise the privileges of a fishing license for the seven consecutive days specified in the license. 7. A one-day fishing license entitles the holder to exercise the priv- ileges of a fishing license on the day specified on the license. 8. A trapping license entitles the holder to trap beaver, otter, fish- er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel, pine marten and unprotected wildlife except birds, as provided in title 11, subject to the provisions of section 11-0713 of this article. 9. A muzzle-loading privilege when included on a hunting license enti- tles a holder who is [fourteen] TWELVE years of age or older to hunt S. 2508 64 A. 3008 wild deer and bear with a muzzle-loading firearm or crossbow, as provided in title 9 of this article, in a special muzzle-loading firearm season. § 2. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunt- ing license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least [fourteen] TWELVE years old and holds a hunting license with a muzzle-loading privilege and meets the requirements of this article. § 3. Subdivision 6 of section 11-0713 of the environmental conserva- tion law is REPEALED. § 4. Paragraph c of subdivision 3 of section 11-0901 of the environ- mental conservation law, as amended by section 19 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: c. Wild small game and wild upland game birds shall be taken only by longbow, CROSSBOW or gun, or by the use of raptors as provided in title 10 of this article, except that: (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken in any manner not prohibited in this section or in title 11 of the Fish and Wildlife Law; AND (2) frogs may also be taken by spearing, catching with the hands, or by the use of a club or hook[; and (3) crossbows may be used but only by licensees who are fourteen years of age or older]. § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 6 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch [bolt] ARROW, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. [The mini- mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW SHALL have a minimum peak draw weight of one hundred pounds [and a maxi- mum peak draw weight of two hundred pounds. The] AND THE minimum overall length of such crossbow from buttstock to front of limbs shall be twen- ty-four inches. § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 7 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch [bolt] ARROW, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. [The mini- mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW SHALL have a minimum peak draw weight of one hundred pounds [and a maxi- mum peak draw weight of two hundred pounds. The] AND THE minimum overall S. 2508 65 A. 3008 length of such crossbow from buttstock to front of limbs shall be twen- ty-four inches. § 7. Subdivision 13 of section 11-0901 of the environmental conserva- tion law, as amended by section 23 of part R of chapter 58 of the laws of 2013, is amended to read as follows: 13. Persons engaged in hunting deer and/or bear with a longbow OR CROSSBOW must possess a current bowhunting privilege or a valid certif- icate of qualification in responsible bowhunting practices issued or honored by the department. § 8. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING OF WILDLIFE BY THE USE OF CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE. § 9. Subdivision 10 of section 11-0907 of the environmental conserva- tion law, as added by section 14 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: 10. Notwithstanding any provision of this chapter, or any prior notwithstanding language in this article, the department may, by regu- lation, authorize the taking of big game by the use of a crossbow by any licensed person in any big game season [in any area designated in items (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi- vision two of this section in which a shotgun or muzzle loader is permitted provided however, that any crossbow use during an archery-only season shall only take place during the last fourteen consecutive days of such archery-only season in the southern zone provided that such archery-only season shall consist of not less than forty-five days and only during the last ten consecutive days of any archery-only season in the northern zone provided that such archery-only season shall consist of no less than twenty-three days. Any muzzle loading season which occurs at the same time as a special archery season may only occur during times when crossbows are authorized to be used]. § 10. Subdivision 1 of section 11-0929 of the environmental conserva- tion law, as amended by section 20 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: 1. A licensee who is twelve or thirteen years of age shall not hunt wildlife with a gun, OR A CROSSBOW or a longbow unless he or she is accompanied by his or her parent or legal guardian, or by a person twen- ty-one years of age or older designated in writing by his or her parent or legal guardian on a form prescribed by the department, who holds a hunting license. [A licensee who is twelve or thirteen years of age shall not hunt with a crossbow.] § 11. Subparagraph 5 of paragraph b of subdivision 2 of section 11-0929 of the environmental conservation law is REPEALED and subpara- graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5. § 12. Section 11-0933 of the environmental conservation law, as added by section 22 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: § 11-0933. Taking small game by crossbow. Notwithstanding any provision of this chapter, or any prior notwith- standing language in this article, the department may, by regulation, authorize the taking of small game and wild upland game birds by the use of a crossbow by any licensed person [fourteen years of age or older], in any small game season[, in any area designated in items (a), (b), S. 2508 66 A. 3008 (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two of section 11-0907 of this title in which a shotgun or muzzle loader is permitted]. § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83 of the state finance law, as amended by section 1 of part AA of chapter 58 of the laws of 2015, is amended to read as follows: (i) There is hereby created a special account within the conservation fund to be known as the state fish and game trust account to consist of all moneys received by the state from the sale of lifetime hunting, fishing, and trapping licenses, and lifetime archery and muzzle-loading privileges pursuant to section 11-0702 of the environmental conservation law except those moneys deposited in the habitat conservation and access account pursuant to section eighty-three-a of this chapter. The state comptroller shall invest the moneys in such account in securities as defined by section ninety-eight-a of this article OR, WITHIN THE DISCRETION OF THE COMPTROLLER TO MAXIMIZE INCOME FOR THE ACCOUNT, IN INVESTMENTS AUTHORIZED BY SECTION ONE HUNDRED SEVENTY-SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW. Any income earned by the investment of such moneys, except income transferred to the conservation fund pursuant to subparagraph (iii) of this paragraph, shall be added to and become a part of, and shall be used for the purposes of such account. § 14. This act shall take effect immediately. PART Y Section 1. Section 27-2701 of the environmental conservation law, as added by chapter 641 of the laws of 2008, subdivision 2 as amended and subdivision 7 as added by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2701. Definitions. As used in this title: 1. "Compostable plastic bag" means a plastic bag that at a minimum meets the American Society for Testing and Materials standard D6400 for compostable plastic, as amended. 2. "Manufacturer" means the producer of a plastic carryout bag or OTHER film plastic sold to a store or the manufacturer's agent or broker who sold the plastic carryout bag or OTHER film plastic to the store. 3. "Operator" means a person in control of, or having daily responsi- bility for, the daily operation of a store, which may include, but is not limited to, the owner of the store. 4. "Plastic carryout bag" means a [plastic] carryout bag MADE OF FILM PLASTIC provided by a store to a customer at the point of sale THAT IS NOT A REUSABLE BAG. 5. "Reusable bag" means A BAG DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE THAT: (a) [a bag] IS EITHER made of [cloth] (I) HAND WASHABLE or [other] machine washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET), POLYES- TER, OR NYLON FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH MATERIALS; or [(b) a durable plastic bag with handles that is specifically designed and manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC WASHA- BLE MATERIAL; AND S. 2508 67 A. 3008 (B) HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN PARA- GRAPHS (C) AND (D) OF THIS SUBDIVISION; (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE EQUAL TO THE ABILITY TO CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND (D) HAS A MINIMUM FABRIC WEIGHT OF EIGHTY GRAMS PER SQUARE METER ("GSM") OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC OF NATURAL, SYNTHETIC, PETROLEUM-BASED, OR NON-PETROLEUM-BASED ORIGIN, INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET), COTTON, JUTE, OR CANVAS. 6. "Store" means a retail establishment that [provides] PROVIDED plas- tic carryout bags to its customers as a result of the sale of a product ANY TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY and (a) has over ten thousand square feet of retail space, or (b) such retail establishment is part of a chain engaged in the same general field of business which operates five or more units of over five thousand square feet of retail space in this state under common ownership and management. 7. "Film plastic" means [uncontaminated non-rigid film plastic packag- ing products composed of plastic resins, which include,] A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR NON-PETROLEUM-BASED PLASTIC RESIN OR OTHER MATERIAL COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH INCLUDE, but are not limited to, newspaper bags, [dry cleaning bags and] GARMENT BAGS, shrink-wrap, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD AND OTHER PLASTIC OVERWRAP. 8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC. § 2. Section 27-2703 of the environmental conservation law, as added by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap- ter 481 of the laws of 2014, is amended to read as follows: § 27-2703. Store operator responsibilities. 1. The operator of a store shall establish an at-store recycling program pursuant to the provisions of this title that provides an oppor- tunity for a customer of the store to return to the store clean plastic carryout bags and OTHER film plastic. 2. A retail establishment that does not meet the definition of a store [and that provides plastic carryout bags to customers at the point of sale] may also adopt an at-store recycling program. § 3. Section 27-2705 of the environmental conservation law, as added by chapter 641 of the laws of 2008 and subdivisions 2, 3 and 4 as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2705. Recycling program requirements. An at-store recycling program provided by the operator of a store shall require: 1. [a plastic carryout bag provided by the store to have printed or displayed on the bag, in a manner visible to a consumer, the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev- er, such store shall be allowed for one year from the effective date of this subdivision to use its existing stock of plastic carryout bags. A store may also apply to the commissioner for approval of an alternative plastic bag recycling message. The commissioner shall approve or reject the proposed message within forty-five days; 2.] a collection bin that is visible, easily accessible to the consum- er, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags and OTHER film plastic. This subdivision shall apply to stores not within an enclosed S. 2508 68 A. 3008 shopping mall and stores of at least fifty thousand square feet within an enclosed shopping mall. In the case of an enclosed shopping mall, the owner of the enclosed mall shall place bins at reasonable intervals throughout the enclosed mall area; [3.] 2. all plastic carryout bags and OTHER film plastic collected by the store to be collected, transported and recycled along with any other in-store plastic recycling, except for FILM plastic bags that are not sufficiently free of foreign material to enter the recycling stream. Plastic carryout bags and OTHER film plastic collected by the store or the manufacturer, which are free of foreign material, shall not be disposed of in any solid waste disposal facility permitted or authorized pursuant to title seven of this article; [4.] 3. the store or its agent to maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and OTHER film plastic collected by weight, provided however that stores or its agents may weigh such PLASTIC bags, film plastic and any other in-store plastic recycling at a regional collection center. Such records shall be made available to the depart- ment upon request, to demonstrate compliance with this title; and [5.] 4. the operator of the store to (a) make reusable bags available to customers within the store for purchase, and (b) permit a [reuseable] REUSABLE bag to be used in lieu of a [plastic carryout bag or] paper CARRYOUT bag. § 4. Section 27-2707 of the environmental conservation law, as added by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap- ter 481 of the laws of 2014, is amended to read as follows: § 27-2707. Manufacturer responsibilities. 1. When the manufacturer accepts plastic carryout bags and OTHER film plastic for return, it or its agent shall maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and OTHER film plastic collected by weight, provided that the manufacturer or its agents may weigh such bags, film plastic and any other plastic resins at a regional collection center. Such records shall be made available to the department upon request, to demonstrate compliance with this title. 2. Manufacturers of compostable plastic bags sold to stores in the state that are subject to the provisions of this title shall have print- ed on the bag, in a manner visible to the consumer, the words "COMPOSTA- BLE BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags may be sold or distributed for one year from the effective date of this section to use the store's existing stock of compostable bags.] § 5. Section 27-2709 of the environmental conservation law, as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2709. Department responsibility. 1. The department shall develop educational materials to encourage the reduction, reuse and recycling of plastic carryout bags and OTHER film plastic and shall make those materials available to stores required to comply with this article. 2. The department shall provide information regarding the availability of recycling facilities and companies that recycle FILM plastic bags and OTHER film plastic, including the addresses and phone numbers of such facilities and companies to stores required to comply with this article. § 6. Section 27-2713 of the environmental conservation law, as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2713. Preemption. S. 2508 69 A. 3008 Jurisdiction in all matters pertaining to plastic CARRYOUT bag and OTHER film plastic recycling is by this article vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the recycling of plastic CARRYOUT bags and OTHER film plastic shall, upon the effective date of this title, be preempted. Provided however, nothing in this section shall preclude a person from coordinating for recycling or reuse the collection of plastic CARRYOUT bags or OTHER film plastic. § 7. Section 27-2801 of the environmental conservation law, as added by section 2 of part H of chapter 58 of the laws of 2019, is amended to read as follows: § 27-2801. Definitions. As used in this title: 1. "Exempt bag" means a bag THAT IS: (a) used solely to contain or wrap uncooked meat, fish, or poultry; (b) [bags] used by a customer solely to package bulk items such as fruits, vegetables, grains, or candy; (c) [bags] used solely to contain food sliced or prepared to order; (d) [bags] used solely to contain a newspaper for delivery to a subscriber; (e) [bags sold] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU- TOR in bulk QUANTITIES AND SOLD to a consumer [at the point of sale]; (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage [bags] BAG; (h) USED AS A garment [bags] BAG; (i) [bags] prepackaged, PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas- tic carryout [bags] BAG provided by a restaurant, tavern or similar food service establishment, as defined in the state sanitary code, to carry- out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy to carry prescription drugs; OR (L) A REUSABLE BAG. 2. "Plastic carryout bag" means any FILM plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to [carry] TRANSPORT tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. A BAG THAT MEETS THE REQUIREMENTS OF A REUSABLE BAG, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION, IS NOT A PLASTIC CARRYOUT BAG. 3. "Paper carryout bag" means a paper bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. 4. "Reusable bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE THAT: (a) IS EITHER made of [cloth] (I) HAND WASHABLE or [other] machine washable CLOTH OR fabric [that has handles]; or [(b) a durable bag with handles that is specifically designed and manufactured for multiple reuse.] (II) OTHER NON-FILM PLASTIC WASHABLE MATERIAL; AND (B) HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION; (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE EQUAL TO THE ABILITY TO CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND (D) HAS A MINIMUM FABRIC WEIGHT OF EIGHTY GRAMS PER SQUARE METER ("GSM") OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC OF NATURAL, S. 2508 70 A. 3008 SYNTHETIC, PETROLEUM BASED, OR NON-PETROLEUM-BASED ORIGIN, INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET), COTTON, JUTE, OR CANVAS. 5. "FILM PLASTIC" MEANS A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR NON-PETROLEUM BASED PLASTIC RESIN OR OTHER MATERIAL (NOT INCLUDING A PAPER CARRYOUT BAG) COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT BAGS, SHRINK- WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND OTHER PLASTIC OVERWRAP. [5.] 6. "Person required to collect tax" means any vendor of tangible personal property subject to the tax imposed by subdivision (a) of section eleven hundred five of the tax law. § 8. Section 27-2803 of the environmental conservation law, as added by section 2 of part H of chapter 58 of the laws of 2019, is amended to read as follows: § 27-2803. Plastic carryout bag ban. 1. No person required to collect tax shall distribute, FOR FREE OR FOR SALE, any plastic carryout bags to its customers unless such bags are exempt bags as defined in subdivision one of section 27-2801 of this title. 2. No person required to collect tax shall prevent a person from using a bag of any kind that they have brought for purposes of carrying goods. 3. [Nothing in this section shall be deemed to exempt the provisions set forth in title 27 of this article relating to at store recycling] ANY PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND RECYCLING REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU- SAND TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN FOR COLLECTION AND RECYCLING PLASTIC CARRYOUT BAGS AND OTHER FILM PLASTIC, SHALL CONTINUE TO COMPLY. § 9. This act shall take effect immediately. PART Z Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the Bay Park Convey- ance Project. Each component is wholly contained within a Subpart iden- tified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subject to the provisions of this act, the county of Nassau, acting by and through the county legislature of such county, is hereby authorized to (a) discontinue permanently the use as parkland the subsurface lands described in sections five, seven, eight and eleven of this act and establish permanent easements on such lands for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in sections three, six and nine of this act and establish temporary easements on such lands for the purpose of constructing a S. 2508 71 A. 3008 subsurface sewer main. Authorization for the temporary easements described in sections three, four, six, nine and ten of this act shall cease upon the completion of the construction of such sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of such temporary easements. Authorization for the permanent easements described in sections five, seven, eight and eleven of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. § 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Nassau dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities. § 3. TEMPORARY EASEMENT - Force main shaft construction area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northerly line of the Nassau County Sewage Treatment Plant property, said Point of Beginning being South 68°06'12" East, as measured along northerly line of said sewage treatment plant, 535.50 feet plus or minus, from the intersection of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South 68°06'12" East, along the northerly line of said sewage treatment plant, 249.60 feet plus or minus; thence South 07°20'58" West 198.58 feet plus or minus; thence North 78°30'32" West 35.88 feet plus or minus; thence North 06°10'23" East 89.20 feet plus or minus; thence North 33°17'21" West 78.28 feet plus or minus; thence North 66°13'52" West 173.72 feet plus or minus; thence North 19°56'50" East 62.50 feet plus or minus, to the northerly line of the Nassau County Sewage Treat- ment Plant, at the Point of Beginning. Containing within said bounds 23,089 square feet plus or minus. The above described temporary easement is for the construction of a fifty-foot diameter access shaft. The location of said temporary access shaft is more particularly described in section four of this act. Said parcel being part of property desig- nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § 4. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a temporary easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hemp- stead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of 25 feet, the center of said circle being the following three (3) courses from the intersection of the northerly line of the Nassau County Sewage Treatment Plant with the westerly side of Compton Street: South 68°06'12" East, along the northerly line of said sewage treatment plant, 573.10 feet plus or minus to the centerline of the permanent easement for a force main described in section five of this act; thence South S. 2508 72 A. 3008 22°24'56" West, along said centerline, 19.74 feet plus or minus; thence South 22°24'56" West, along the production of said centerline, 5.25 feet, to the center of the herein described circular easement. Contain- ing within said bound 1,963 square feet plus or minus. Said temporary easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § 5. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hemp- stead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: Beginning at a point on the northerly line of the Nassau County Sewage Treatment Plant property, said Point of Beginning being South 68°06'12" East, as measured along northerly line of said sewage treatment plant, 563.10 feet plus or minus, from the intersection of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South 68°06'12" East, along the northerly line of said sewage treatment plant, 20.00 feet plus or minus; thence South 22°24'56" West 19.15 feet plus or minus; thence South 14°35'11" West 1,446.44 feet plus or minus; thence North 75°24'49 West 20.00 feet plus or minus; thence North 14°35'11" East 1,447.81 feet plus or minus; thence North 22°24'56" East 20.34 feet plus or minus, to the northerly line of the Nassau County Sewage Treatment Plant, at the Point of Beginning. Containing within said bounds 29,337 square feet. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § 6. TEMPORARY EASEMENT - Force main shaft construction area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northwesterly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being North 44°03'41" East 50.26 feet plus or minus, from the intersection of the northerly line of lands licensed to the County of Nassau, as described in deed dated December 5, 1977, recorded on January 13, 1978, at the Nassau County Clerk's Office in Liber 9088 of Deeds at page 567, and as shown on map entitled Department of Public Works Nassau County, N.Y., Map Showing Lands under the Jurisdiction of the Long Island State Park Commission in Wantagh State Park to be Licensed to the County of Nassau for Park and Recreational Purposes in the Vicinity of Wantagh, Town of Hempstead, dated September 1976, and on file at the New York State Office of Parks, Recreation and Historic Preservation as Map No. 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known as Old Mill Road; running thence along the southeasterly side of Lake- view Road, North 44°03'41" East 237.63 feet plus or minus; thence South S. 2508 73 A. 3008 50°48'50" East 70.10 feet plus or minus; thence partly through the aforementioned lands licensed to the County of Nassau by the State of New York (Long Island State Park Commission), South 43°39'59" West 239.51 feet; thence partially through a permanent drainage easement granted from the City of New York to the County of Nassau, as shown on Map of Real Property to be Acquired for the Improvement of Bellmore Creek from Wilson Avenue to Lakeview Road, Filed February 8, 1979, at the Nassau County Clerk's Office as Map No. H-1841, and also through the aforementioned licensed lands, North 49°12'28" West 71.62 feet plus or minus; to the southeasterly side of Lakeview Road, at the Point of Beginning. Containing within said bounds 16,864 square feet plus or minus. The above described temporary easement is for the construction of a forty-four-foot diameter permanent access shaft. The location of said permanent access shaft is more particularly described in section seven of this act. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particular- ly bounded and described as follows: Beginning at a point on the south- easterly side of Lakeview Road, said Point of Beginning being North 44°03'41" East 170.39 feet plus or minus, from the intersection of the northerly line of lands licensed to the County of Nassau, as described in deed dated December 5, 1977, recorded on January 13, 1978, at the Nassau County Clerk's Office in Liber 9088 of Deeds at page 567, and as shown on map entitled Department of Public Works Nassau County, N.Y., Map Showing Lands under the Jurisdiction of the Long Island State Park Commission in Wantagh State Park to be Licensed to the County of Nassau for Park and Recreational Purposes in the Vicinity of Wantagh, Town of Hempstead, dated September 1976, and on file at the New York State Office of Parks, Recreation and Historic Preservation as Map No. 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known as Old Mill Road; running thence, along the southeasterly side of Lake- view Road, North 44°03'41" East 25.04 feet plus or minus, to the begin- ning of a non-tangent curve; thence 111.59 feet plus or minus along said non-tangent circular curve to the right that has a radius of 22.00 feet, subtends an angle of 290°37'31", and has a chord that bears South 44°03'41" West 25.04 feet, to the Point of Beginning. Containing within said bounds a surface area of 1,454 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. The permanent easement allows vehicular and personnel access to the shaft and within the shaft for inspection, maintenance, repair and recon- struction. Any permanent surface improvements for a manhole or for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau Coun- ty Land and Tax Map. § 8. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town S. 2508 74 A. 3008 of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: Beginning at the intersection of the southerly side of the Wantagh State Parkway, also being the same as the southerly line of a permanent ease- ment granted by the State of New York (Long Island State Park Commis- sion) to the Town of Hempstead for Highway purposes shown as Parcel E on Map No. 21R-1651, dated September 30, 1935 and on file at the New York State Office of Parks, Recreation and Historic Preservation, with the easterly side of Linden Street, also being the westerly side of Wantagh State Parkway; running thence South 87°54'31" West 16.42 feet plus or minus, along the southerly side of the Wantagh State Parkway; thence through the aforementioned easement, North 49°40'30" West 172.07 feet plus or minus; thence partially through lands licensed to the County of Nassau by the State of New York (Long Island State Park Commission), as described in deed dated December 5, 1977, recorded on January 13, 1978, at the Nassau County Clerk's Office in Liber 9088 of Deeds at page 567, also as shown on map entitled Department of Public Works Nassau County, N.Y., Map Showing Lands under the Jurisdiction of the Long Island State Park Commission in Wantagh State Park to be Licensed to the County of Nassau for Park and Recreational Purposes in the Vicinity of Wantagh, Town of Hempstead, dated September 1976, and on file at the New York State Office of Parks, Recreation and Historic Preservation as Map No. 21R-1860-1, North 32°14'44" West 1,935.06 feet; thence North 60°00'15" West 18.68 feet plus or minus, to the southeasterly side of Lakeview Road; thence along the southeasterly side of Lakeview Road, North 44°03'41" East 20.62 feet plus or minus; thence South 60°00'15" East 18.61 feet plus or minus; thence through the aforementioned licensed lands, South 32°14'44" East 1,936.94 feet; thence South 49°40'30" East 294.48 feet plus or minus, to the westerly side of the Wantagh State Parkway, also being the same as the easterly side of Linden Street; thence northwesterly along the westerly side of the Wantagh State Park- way, being also the easterly side of Linden Street, 113.74 feet plus or minus along the arc of a non-tangent curve, bearing to the left, having a radius of 1,233.00', a chord that bears North 54°10'34" West 113.70 feet plus or minus, to the southerly side of the Wantagh State Parkway, at the Point of Beginning. Containing within said bounds 43,088 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a mini- mum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map. § 9. TEMPORARY EASEMENT - Force main shaft construction area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: Beginning at a point on the northerly line of the herein described temporary easement for construction staging, said Point of Beginning being more particularly described as commencing at the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence South 02°05'40" East, along the easterly side of Wantagh Parkway, 392.77 feet plus or minus, to the centerline of the permanent subsurface ease- ment for force main, described in section 11 of this act; thence South 19°14'42" East, along said centerline, 166.40 feet plus or minus, to the S. 2508 75 A. 3008 northerly line of the temporary easement for construction staging, at the Point of Beginning. Running thence North 87°24'47" East 122.41 feet plus or minus; thence South 33°56'04" East 67.89 feet plus or minus; thence South 04°43'16" East 53.69 feet plus or minus; thence South 86°37'33" West 78.30 feet plus or minus; thence South 02°20'25" East 83.22 feet plus or minus; thence South 47°03'34" West 102.51 feet plus or minus; thence South 86°22'25" West 27.76 feet plus or minus; thence North 07°01'12" West 263.59 feet plus or minus; thence North 87°24'47" East 45.17 feet plus or minus, to the Point of Beginning. Containing within said bounds 35,505 square feet plus or minus. The above described temporary easement is for the construction of a forty-four-foot diameter access shaft. The location of said temporary access shaft is more particularly described in section ten of this act. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § 10. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particular- ly bounded and described as follows: a circular easement with a radius of 22 feet, the center of said circle being the following two (2) cours- es from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway: South 02°05'40" East along the easter- ly side of Wantagh Parkway, 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section 11 of this act; thence South 19°14'42" East, along said center- line, 224.60 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of 1,521 square feet plus or minus. Said temporary easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § 11. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: beginning at a point on the easterly side of the Wantagh State Parkway, said Point of Beginning being South 02°05'40" East 358.86 feet plus or minus from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence South 19°14'42" East 258.49 feet plus or minus; thence South 02°16'58" East 1,725.93 feet plus or minus; thence southwesterly 43.40 feet plus or minus along the arc of a curve to the left having a radius of 1,075.00 feet and a chord that bears South 25°09'48" West 43.39 feet plus or minus; thence North 02°16'58" West 1,761.45 feet plus or minus; thence North 19°14'42" West 190.70 feet plus or minus, to the easterly side of Wantagh Parkway; thence North 02°05'40" West, along the easterly side of Wantagh Parkway, 67.82 feet plus or minus, to the Point of Beginning. Containing within S. 2508 76 A. 3008 said bounds 39,359 square feet plus or minus. The above described perma- nent easement is for the construction and operation of a six-foot diam- eter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § 12. Should the lands described in sections five, seven, eight and eleven of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § 13. In the event that the county of Nassau received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections three through eleven of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the county of Nassau has complied with any applicable federal require- ments pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conver- sion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alien- ated or converted. § 14. This act shall take effect immediately. SUBPART B Section 1. Subject to the provisions of this act, the village of East Rockaway, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections four and five of this act and to grant permanent easements on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in section three of this act and grant temporary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Authorization for the temporary easement described in section three of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easement. Authorization for the permanent easements described in sections four and five of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the estab- lishment of the permanent easements. § 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of East Rockaway dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities. § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- land upon and under which a temporary easement may be granted pursuant to subdivision (b) of section one of this act is described as follows: S. 2508 77 A. 3008 all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incor- porated Village of East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more particular- ly bounded and described as follows: Beginning at a point on the westerly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being more partic- ularly described as commencing at the northeast corner of property described in deed dated September 16, 1964 from Mary T. Caretto to The Incorporated Village of East Rockaway, recorded September 18, 1964 at the Nassau County Clerk's Office in Liber 7317 Deeds at page 494, running thence South 76°23'40" East, on the northerly property line produced, of property described in the aforesaid Liber 7317 page 494, a distance of 53.41 feet plus or minus, to the westerly line of the herein described temporary easement at the Point of Beginning. Running thence North 14°03'08" East 42.21 feet plus or minus; thence South 67°25'43" East 237.47 feet plus or minus; thence South 04°13'09" West 35.58 feet plus or minus; thence South 86°58'21" West 165.83 feet plus or minus; thence South 64°59'21" West 106.15 feet; thence North 14°03'08" East 143.63 feet plus or minus, to the Point of Beginning. Containing within said bounds 23,103 square feet plus or minus. The above described tempo- rary easement is for the construction of a forty-four-foot diameter access shaft. The location of said permanent access shaft is more particularly described in section four of this act. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and under which a permanent easement may be granted pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rocka- way, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of 22 feet, the center of said circle being the following two(2) courses from the northeast corner of property described in deed dated September 16, 1964 from Mary T. Caretto to The Incorporated Village of East Rockaway, recorded September 18, 1964 at the Nassau County Clerk's Office in Liber 7317 of Deeds at page 494; South 76°23'40" East, on the northerly property line produced, of property described in the aforesaid Liber 7317 page 494, a distance of 185.51 feet plus or minus; to the centerline of the permanent subsur- face easement for force main, described in section 5 of this act; thence along said easement centerline South 19°04'18" West 22.47 feet plus or minus, to the center of the herein described circular easement. Contain- ing within said bounds a surface area of 1,521 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. The permanent easement allows vehicular and personnel access to the shaft and within the shaft for inspection, maintenance, repair and recon- struction. Any permanent surface improvements for a manhole or for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be granted pursuant to subdivision S. 2508 78 A. 3008 (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rocka- way, and the Hamlet of Oceanside, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: Beginning at a point on the westerly line of the herein described permanent subsurface easement, said Point of Beginning being more particularly described as commencing at the northeast corner of property described in deed dated September 16, 1964 from Mary T. Caretto to The Incorporated Village of East Rockaway, recorded September 18, 1964 at the Nassau County Clerk's Office in Liber 7317 of Deeds at page 494; running thence South 76°23'40" East, on the northerly property line produced, of property described in the aforesaid Liber 7317 page 494, a distance of 175.47 feet plus or minus, to the westerly line of the herein described permanent easement, at the Point of Beginning. Running thence North 19°04'18" East 31.11 feet plus or minus, to the southerly side of Mill River; thence South 67°42'35" East, along the southerly side of Mill River, 20.03 feet plus or minus; thence South 19°04'18" West 48.37 feet plus or minus; thence South 15°40'03" East 55.00 feet plus or minus, to the northerly side of Mill River; thence North 84°40'35" West, along the northerly side of Mill River, 20.33 feet plus or minus; thence North 15°40'03" West 57.60 feet plus or minus; thence North 19°04'18" East 24.64 feet plus or minus, to the Point of Beginning. Containing within said bounds 2,167 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of proper- ty designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § 6. Should the lands described in sections four and five of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § 7. In the event that the village of East Rockaway received any fund- ing support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections three through five of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the village of East Rockaway has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § 8. This act shall take effect immediately. SUBPART C Section 1. Subject to the provisions of this act, the village of Rock- ville Centre, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections three and six of this act and to grant permanent easements on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsurface sewer S. 2508 79 A. 3008 main, and (b) discontinue temporarily the use as parkland the lands described in sections four, five and seven of this act and grant tempo- rary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Authorization for the temporary easements described in sections four, five and seven of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easements. Authorization for the permanent easements described in sections three and six of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. § 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of Rockville Centre dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities. § 3. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Incorporated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York, being a 20-foot wide strip of land more particularly bounded and described as follows: Beginning at a point on the northerly side of Mill River Avenue, said Point of Beginning being South 74°20'24" East, as measured along the northerly side of Mill River Avenue, 60.73 feet plus or minus from the intersection of the northerly side of Mill River Avenue with the easter- ly side of Riverside Road; running thence North 10°26'55" East 461.31 feet plus or minus; to the southerly side of South Park Avenue; thence along the southerly side of South Park Avenue, South 79°11'54" East 20.00 feet plus or minus, thence South 10°26'55" West 463.01 feet plus or minus, to the northerly side of Mill River Avenue, thence along the northerly side of Mill River Avenue, North 74°20'24" West 20.08 feet plus or minus, to the Point of Beginning. Containing within said bounds 9,243 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land and Tax Map. § 4. TEMPORARY SUBSURFACE EASEMENT - Access Shaft. Parkland upon and under which a temporary easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- rated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as a circular easement with a radius of 22 feet, the center of said circle being the following two (2) courses from the intersection of the northerly side of South Park Avenue with the easterly side of Chester Road: South 79°24'16" East, along the northerly side of South Park Avenue, 247.33 feet plus or minus, to the centerline of the permanent subsurface ease- S. 2508 80 A. 3008 ment for force main described in section 6 of this subpart of this act; North 10°26'55" East, along said centerline, 953.71 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of 1,521 square feet plus or minus. Said temporary easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38 Block: F Lot: 50F on the Nassau County Land and Tax Map. § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: Beginning at a point on the southerly side of the herein described temporary easement for construction staging, said Point of Beginning being more particularly described as commencing at the inter- section of the northerly side of South Park Avenue with the easterly side of Chester Road; running thence South 79°24'16" East along the northerly side of South Park Avenue, 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section 6 of this act; thence North 10°26'55" East, along said centerline, 920.41 feet plus or minus, to the southerly line of the temporary easement, at the Point of Beginning. Running thence North 76°19'09" West 185.92 feet plus or minus; thence North 14°49'03" East 31.83 feet plus or minus; thence South 76°28'34" East 65.98 feet plus or minus; thence North 36°46'43" East 60.84 feet plus or minus; thence North 78°41'29" East 145.19 feet plus or minus; thence South 65°54'19" East 45.62 feet plus or minus; thence South 29°38'55" West 146.71 feet plus or minus; thence North 76°19'09" West 40.66 feet plus or minus, to the Point of Beginning. Containing within said bounds 22,827 square feet plus or minus. The above described temporary easement is for the construction of a forty-four-foot diameter access shaft. The location of said temporary access shaft is more particularly described in section four of this act. Said parcel being part of property designated as Section: 38 Block: F, Lot: 50F and part of Merton Avenue (not open) on the Nassau County Land and Tax Map. § 6. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- rated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: Beginning at a point on the northerly side of South Park Avenue, said point being South 79°24'16" East, along the northerly side of South Park Avenue, 237.33 feet plus or minus, from the intersection of the northerly side of South Park Avenue with the easter- ly side of Chester Road; running thence North 10°26'55" East 956.35 feet plus or minus; thence North 40°12'27" East 464.95 feet plus or minus, to the westerly side of Mill River; thence along the westerly side of Mill S. 2508 81 A. 3008 River the following five (5) courses South 10°54'32" East 4.49 feet plus or minus; South 08°32'16" West 6.44 feet plus or minus; South 17°55'44" West 8.24 feet plus or minus; South 10°55'50" West 4.90 feet plus or minus; South 07°44'20" West 14.16 feet plus or minus; thence South 40°12'27" West 427.49 feet plus or minus; thence South 10°26'55" West 951.08 feet plus or minus to the northerly side of South Park Avenue; thence North 79°24'16" West, along the northerly side of South Park Avenue, 20.00 feet plus or minus, to the Point of Beginning. Containing within said bounds 28,014 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 38 Block: F Lot: 50F and Section: 38, Block: T, Lot: 50A, on the Nassau County Land and Tax Map. § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: Beginning at a point on the northerly side of Sunrise Highway (New York State Route 27), said point being distant 82.57 feet westerly along the northerly side of Sunrise Highway from the extreme westerly end of an arc of a curve connecting the northerly side of Sunrise High- way with the westerly side of North Forest Avenue. Running thence along the northerly side of Sunrise Highway the following three (3) courses: Southwesterly 250.24 feet plus or minus along the arc of a curve bearing to the left having a radius of 862.00 feet and a chord that bears South 77°03'07" West 249.36 feet plus or minus, South 68°43'30" West 161.85 feet plus or minus; Southwesterly 20.44 feet plus or minus along the arc of a curve bearing to the right having a radius of 592.00 feet and a chord that bears South 69°00'05" West 20.44 feet plus or minus; thence North 14°30'46" West 215.45 feet plus or minus, to the southerly side of Long Island Rail Road; thence along the southerly side of the Long Island Rail Road, South 87°41'41" East 469.93 feet plus or minus; thence South 02°13'26" West 67.80 feet plus or minus, to the northerly side of Sunrise Highway, at the Point of Beginning. Containing within said bounds 57,506 square feet plus or minus. The above described temporary easement is necessary for the construction of temporary access to the aqueduct below Sunrise Highway area. Said parcel being part of property designated as Section: 38 Block: 291 Lot: 17 on the Nassau County Land and Tax Map. § 8. Should the lands described in sections three and six of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § 9. In the event that the village of Rockville Centre received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections three through seven of this act, the discontinuance and alien- ation of such parklands authorized by the provisions of this act shall not occur until the village of Rockville Centre has complied with any applicable federal requirements pertaining to the alienation or conver- sion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the S. 2508 82 A. 3008 secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § 10. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART AA Section 1. Subparagraph (i) of paragraph 3 of subdivision (a) of section 21 of the tax law, as amended by section 17 of part BB of chap- ter 56 of the laws of 2015, is amended to read as follows: (i) The tangible property credit component shall be equal to the applicable percentage of the cost or other basis for federal income tax purposes of tangible personal property and other tangible property, including buildings and structural components of buildings, which constitute qualified tangible property and may include any related party service fee paid; provided that in determining the cost or other basis of such property, the taxpayer shall exclude the acquisition cost of any item of property with respect to which a credit under this section was allowable to another taxpayer. A related party service fee shall be allowed only in the calculation of the tangible property credit compo- nent and shall not be allowed in the calculation of the site preparation credit component or the on-site groundwater remediation credit compo- nent. The portion of the tangible property credit component which is attributable to related party service fees shall be allowed only as follows: (A) in the taxable year in which the qualified tangible proper- ty described in subparagraph (iii) of this paragraph is placed in service, for that portion of the related party service fees which have been earned and actually paid to the related party on or before the last day of such taxable year; and (B) with respect to any other taxable year for which the tangible property credit component may be claimed under this subparagraph and in which the amount of any additional related party service fees are actually paid by the taxpayer to the related party, the tangible property credit component for such amount shall be allowed in such taxable year. The credit component amount so determined shall be allowed for the taxable year in which such qualified tangible property is first placed in service on a qualified site with respect to which a certificate of completion has been issued to the taxpayer, or for the taxable year in which the certificate of completion is issued if the qualified tangible property is placed in service prior to the issu- ance of the certificate of completion. This credit component shall only be allowed for up to one hundred twenty months after the date of the issuance of such certificate of completion, PROVIDED, HOWEVER, THAT FOR QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO S. 2508 83 A. 3008 THOUSAND TWELVE, THE CREDIT COMPONENT SHALL BE ALLOWED FOR UP TO ONE HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE. § 2. This act shall take effect immediately. PART BB Section 1. Notwithstanding the contrary provisions of section 9-0501 of the environmental conservation law and the contrary provisions of the public lands law, the department of environmental conservation is authorized to grant easements for buried cables on real property within the Farmersville State Forest, Lost Nation State Forest, and Swift Hill State Forest, which meet the following conditions: (a) The easements are for buried electric cables which are part of a wind powered electric generation project located in the towns of Rush- ford, Farmersville, Arcade, Centerville, Freedom, and Machias. (b) The easements are for a portion of the property within Farmers- ville State Forest, Lost Nation State Forest, and Swift Hill State Forest owned by the state and managed by the department of environmental conservation. The buried cables shall be: (1) located underground for approximately 500 feet between turbines 101 and 102 (which are sited on private land), and passing below a section of Farmersville State Forest in Cattaraugus County; (2) located underground for approximately 1,600 feet on the south side of Hess Road along the Farmersville State Forest boundary in Cattaraugus County, turning southwest to follow an existing track for approximately 420 feet, and continuing west along the northern parcel boundary for approximately 1,300 feet to the property line, to connect turbines 100 and 104 (both sited on private land); (3) located underground for approximately 2,950 feet along the west side of North Hill Road in Lost Nation State Forest in Allegany County to connect turbines 73, 75, 76, and 77 (all sited on private land) to the rest of the project; and (4) located underground for approximately 1,150 feet on the east side of Rushford Road, along the western edge of Swift Hill State Forest in Allegany County to connect turbines 124 and 125 (both sited on private land) to the rest of the project. (c) The easements will be conveyed by the department of environmental conservation and take effect only in the event the underground cables proposed to be on such easement lands are certified and approved as part of a wind powered electric generation facility pursuant to article 10 of the public service law. (d) The easements shall terminate when the associated wind powered electric generation project ceases to operate for 18 months as set forth in the easements and the easements shall then revert to the state to be managed by the department of environmental conservation as state forest land. (e) The use of chemicals/herbicides for clearing said easements is prohibited unless prior approval for the same is granted by the depart- ment of environmental conservation, division of lands and forests. § 2. (a) In entering into the easements described in section one of this act, the department of environmental conservation is authorized to grant such easements for fair market value plus twenty percent of the value of the easements plus one hundred thousand dollars upon applica- tion by Alle-Catt Wind Energy LLC. (b) An amount, not less than fair market value plus twenty percent of the value of the easements plus one hundred thousand dollars shall be S. 2508 84 A. 3008 used to obtain for the state an interest in real property for open space purposes in region 9 of the department of environmental conservation from the regional priority conservation projects list in region 9 as part of this state's open space conservation plan. The total payment for such acquisition or acquisitions shall not be less than the value of the easements to be conveyed by the state plus twenty percent of the value of such easements plus one hundred thousand dollars. (c) Any monies received by the department of environmental conserva- tion from Alle-Catt Wind Energy LLC in consideration of these easements shall be deposited into the state environmental protection fund, as established in section 92-s of the state finance law, until such time as they can be used towards the purchase of the real property as contem- plated in subdivision (b) of this section. (d) The description of the easements to be conveyed by this act is not intended to be a legal description, but is intended to identify the easements to be conveyed. As a condition of conveyance Alle-Catt Wind Energy LLC shall submit to the commissioner of environmental conserva- tion for his or her approval an accurate survey and description of lands generally described in this section which may be used in the conveyance thereof. (e) The grant of the easements is conditioned on the issuance of certificates of environmental compatibility and public need pursuant to the provisions of article 10 of the public service law. (f) Compensation for the stumpage value of trees to be felled by the entity shall be deposited in the same manner as in subdivision (b) of this section with the felled trees to become the property of Invenergy LLC. Stumpage value is to be determined by the department of environ- mental conservation forester based on the most recent department of environmental conservation stumpage price report at the time the trees are felled. § 3. The commissioner of environmental conservation may prescribe additional terms for such exchange of real property. Such contract shall not become binding upon the state until approved by the state comp- troller. Title to the land to the people of the state of New York pursu- ant to the provisions of such contract shall be approved by the attorney general, and the deed to the state shall be approved by him or her as to form and manner of execution and recordability before such deed shall be accepted on behalf of the state. Notwithstanding the contrary provisions of the public lands law, the conveyance of the state-owned easements pursuant to such contract shall be without reservation or exception, except as provided for in such contract. Upon certification by the commissioner of environmental conservation to the commissioner of gener- al services of a copy of the contract, and certification that Alle-Catt Wind Energy LLC has complied with all terms and conditions of the contract upon their part to be kept and performed, together with a description of any of the easements to be exchanged, conveyed and/or payments to be made, the commissioner of general services shall convey the easements described in section one of this act in accordance with the provisions of the contract. § 4. This act shall take effect immediately, and shall expire and be deemed repealed five years after such date; provided, however, should the easements be granted within the five years, the term of the ease- ments will establish the end date of the easements. At such time the land will revert back to the state of New York for state forest purposes. S. 2508 85 A. 3008 PART CC Section 1. Section 12 of part F of chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter 65 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2013; provided, however, that the amendments to subdivision 5-a of section 27-1015 of the environmental conservation law, as added by section nine of this act, shall expire and be deemed repealed on April 1, [2021] 2023. § 2. This act shall take effect immediately. PART DD Section 1. This act shall be known and may be cited as the "rail advantaged housing act". § 2. Legislative findings and statement of purpose. The legislature hereby finds, determines and declares: (a) Chapter 106 of the laws of 2019 enacted the New York state climate leadership and community protection act (the "CLCPA"). The CLCPA directed the department of environmental conservation to establish a statewide greenhouse gas emissions limit for 2030 equal to 60% of 1990 emissions, and a statewide greenhouse gas emissions limit for 2050 equal to 15% of 1990 emissions (the "CLCPA limits"). (b) Transportation currently accounts for 36% of the greenhouse gas emissions in New York. New York has an obligation to reduce greenhouse gas emissions in every sector, including transportation. (c) The CLCPA recognizes the need to encourage and facilitate land use and transportation planning strategies to reduce greenhouse gas emis- sions from the transportation sector. (d) In 1946, the legislature declared a housing emergency in New York City. The emergency has continued through the present day. Housing production throughout the New York City metropolitan area has been insufficient to address this emergency for decades. (e) Creating housing in close proximity to commuter rail stations promotes both the goals of the CLCPA and helps to address the housing emergency in New York City. (f) A public policy purpose would be served and the interests of the people of the state would be advanced by expediting the regulatory review of local zoning changes that will lead to the production of hous- ing in close proximity to commuter rail stations. § 3. Definitions. (a) "Commissioner" shall mean the commissioner of environmental conservation or the commissioner's designee. (b) "Commuter rail station" shall mean a rail station, other than a rail station located in New York City, on any rail line operated by either the Long Island Rail Road or the Metro-North Railroad. (c) "Commuter rail station area" shall mean the area within one-half mile of any commuter rail station. (d) "Incremental parking decrease" shall mean, with respect to a rail advantaged housing rezoning proposal, the percentage decrease in public- ly accessible vehicle parking proximate to a commuter rail station that such rezoning proposal would cause, if effective. (e) "Incremental population increase" shall mean, with respect to a rail advantaged housing rezoning proposal, the percentage by which the S. 2508 86 A. 3008 population of a local jurisdiction including the property subject to such rezoning proposal would increase if: (1) such rezoning proposal were to become effective; (2) all of the housing permitted to be built as a result of such rezoning proposal were to be built; and (3) all of such housing were to be fully occupied. (f) "Local jurisdiction" shall mean any city, county, town, village or other political subdivision of the state. (g) "Local agency zoning mitigation account" shall mean an account established by a local agency solely for the purpose of mitigating envi- ronmental impacts due to any rezoning. (h) "Local agency" means any governing body of a local jurisdiction. (i) "Rail advantaged housing" shall mean any housing or residential building located within one-half mile of a commuter rail station. (j) "Rail advantaged housing envelope" shall mean the total square feet of residential space permitted to be built in a commuter rail station area under the zoning regulations applicable to such commuter rail station area. (k) "Rail advantaged housing rezoning proposal" shall mean a proposal for rezoning which, if effective, (1) would increase the rail advantaged housing envelope in the area proposed for rezoning, and (2) would not affect zoning regulations applicable outside a commuter rail station area. (l) "Rezoning" shall mean an action undertaken by a local agency to modify zoning regulations. (m) "Rezoning entity" shall mean a local agency authorized to modify zoning regulations. § 4. Uniform standards and conditions. (a) The commissioner shall establish a set of uniform standards and conditions for rail advantaged housing rezoning proposals that are common for all rail advantaged housing rezoning proposals or for partic- ular classes and categories of rail advantaged housing rezoning proposals. (b) The uniform standards and conditions established under paragraph (a) of this section shall include: 1. A standard establishing a maximum incremental population increase the exceedance of which by a rail advantaged housing rezoning proposal would cause such rezoning proposal to be deemed to have an environmental impact; 2. A standard establishing a maximum incremental parking decrease the exceedance of which by a rail advantaged housing rezoning proposal would cause such rezoning proposal to be deemed to have an environmental impact; 3. A formula to determine, by reference to any, all, or any combina- tion of the following factors, the amount which, if paid to a local agency zoning mitigation account, would mitigate the impact of housing construction on the quality of a jurisdiction's environment and on a local agency's ability to provide essential public services: such local agency's expenses for public education; such local agency's expenses for maintenance and improvement of roads, bicycle paths, pedestrian walkways and parks; such local agency's expenses to provide drinking water and to manage water quality; and other factors determined by the commissioner to be relevant; and 4. Any other standards and conditions determined by the commissioner. § 5. Expedited zoning review. Whenever a county legislature has adopted a local law to permit rail advantaged housing as defined in section three of this act, the uniform standards established pursuant to S. 2508 87 A. 3008 section four of this act shall apply to such project if the project is approved. Approval by a rezoning entity of a rail advantaged housing rezoning proposal is contingent upon the approval of the chief executive officer of any town, village or city and shall be deemed to not have a significant effect on the environment under subparagraph (ii) of para- graph (c) of subdivision 2 of section 8-0113 of the environmental conservation law if prior to such approval: (a) the chief executive officer of any town, village or city which includes property subject to such rezoning has certified that such rail advantaged housing rezoning proposal: 1. does not exceed the population increase standard established under paragraph 1 of subdivision (b) of section four of this act; 2. does not exceed the parking decrease standard established under paragraph 2 of subdivision (b) of section four of this act; 3. requires that any person who builds housing pursuant to such rezon- ing proposal must pay to any applicable local agency's local agency rezoning mitigation account an amount not less than the amount deter- mined in accordance with the formula established under paragraph 3 of subdivision (b) of section four of this act to be sufficient to mitigate any impacts caused by such housing; and (b) such rezoning entity has conducted at least one public hearing on such rail advantaged rezoning proposal. § 6. This act shall take effect immediately. PART EE Section 1. Subdivision 5 of section 1902 of the public authorities law, as added by section 6 of part JJJ of chapter 58 of the laws of 2020, is amended to read as follows: 5. Notwithstanding title five-A of article nine of this chapter, OR ANY LAW TO THE CONTRARY, establish a build-ready program, including eligibility and other criteria, pursuant to which the authority would, through a competitive and transparent bidding process, AND USING SINGLE PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR ON BEHALF OF THE AUTHORITY AND HAVING NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL, ACQUIRE, SELL AND transfer rights and other interests in build-ready sites and development rights to developers for the purpose of facilitat- ing the development of renewable energy facilities on such build-ready sites. Such transactions may include the transfer of rights, interests and obligations existing under agreements providing for host community benefits negotiated by the authority pursuant to programs established pursuant to subdivision six of this section on such terms and conditions as the authority deems appropriate; § 2. This act shall take effect immediately; provided however, that the amendments to section 1902 of the public authorities law made by section one of this act shall be subject to the repeal of such section and shall expire and be deemed repealed therewith. PART FF Section 1. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 12 of part A of chapter 55 of the laws of 2020, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of S. 2508 88 A. 3008 this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2021] 2023, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2021] 2023 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam- ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions S. 2508 89 A. 3008 shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; § 2. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 13 of part A of chapter 55 of the laws of 2020, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [twenty-one] TWENTY-THREE. § 3. This act shall take effect immediately. PART GG Section 1. Section 1226 of the vehicle and traffic law, as amended by chapter 506 of the laws of 1971, is amended to read as follows: § 1226. Control of steering mechanism. No person shall operate a motor vehicle without having at least one hand or, in the case of a physically handicapped person, at least one prosthetic device or aid on the steer- ing mechanism at all times when the motor vehicle is in motion UNLESS A DRIVING AUTOMATION SYSTEM, AS DEFINED IN SAE J3016 AS PERIODICALLY REVISED, IS ENGAGED TO PERFORM STEERING FUNCTION. § 2. Subdivision a of section 1 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 1 of part H of chapter 58 of the laws of 2018, is amended to read as follows: a. Notwithstanding the provisions of section 1226 of the vehicle and traffic law, the New York state commissioner of motor vehicles may approve demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology while such motor vehicle is engaged in the use of such technology on public highways within this state for the purposes of demonstrating and assessing the current development of autonomous vehicle technology and to begin iden- tifying potential impacts of such technology on safety, traffic control, traffic enforcement, emergency services, and such other areas as may be identified by such commissioner. [Provided, however, that such demon- strations and tests shall only take place under the direct supervision of the New York state police, in a form and manner prescribed by the superintendent of the New York state police. Additionally, a law enforcement interaction plan shall be included as part of the demon- stration and test application that includes information for law enforce- ment and first responders regarding how to interact with such a vehicle in emergency and traffic enforcement situations. Such demonstrations and tests shall take place in a manner and form prescribed by the commissioner of motor vehicles including, but not limited to: a require- ment that a natural person holding a valid license for the operation of the motor vehicle's class be present within such vehicle for the dura- tion of the time it is operated on public highways; a requirement that the motor vehicle utilized in such demonstrations and tests complies with all applicable federal motor vehicle safety standards and New York state motor vehicle inspection standards; and a requirement that the motor vehicle utilized in such demonstrations and tests has in place, at a minimum, financial security in the amount of five million dollars] THE COMMISSIONER SHALL ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THIS ACT. Nothing in this act shall authorize the motor vehicle utilized in such demonstrations and tests to operate in S. 2508 90 A. 3008 violation of article 22 or title 7 of the vehicle and traffic law, excluding section 1226 of such law. § 3. Section 3 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 2 of part M of chapter 58 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect April 1, 2017; provided, however, that section one of this act shall expire and be deemed repealed April 1, [2021] 2026. § 4. There is hereby established a group to be known as the "Intera- gency Group on Autonomous Vehicle Technology". The group shall be composed of the following members: the commissioner of the department of transportation or his or her designee; the commissioner of the depart- ment of motor vehicles or his or her designee; the director of the New York State thruway authority or his or her designee; the chancellor of the state university of New York or his or her designee; and the direc- tor of the state police or his or her designee. The group shall be responsible for the coordination of all State policy with regard to autonomous vehicle and connected autonomous vehicle technology with the goal of providing quick and efficient modification of regulation in response to evolving industry trends. The group shall study, evaluate and develop recommendations relating to specific actionable measures that address how automated vehicle technology will transform the state's roadways, economy, education system, and society. The group shall study how to support safe testing, deployment and operation of automated vehi- cle technology on public highways. In doing so, the group shall take the following into consideration: (a) the measures necessary to successfully implement automated vehicles, including necessary legislative and regu- latory or administrative changes; (b) the difficulties and liabilities that could arise by allowing automated vehicles on public highways and proper mechanisms to manage risks and ensure adequate risk coverage; (c) how automated vehicle technology can promote research and development in this state; (d) potential infrastructure changes needed and capital planning considerations; and (f) any other issue the group deems rele- vant. § 5. This act shall take effect immediately, provided, however, that section one of this act shall take effect April 1, 2026. PART HH Section 1. The vehicle and traffic law is amended by adding a new section 224-b to read as follows: § 224-B. CONVENIENCE FEE. IN ADDITION TO ANY OTHER FEES PROVIDED FOR IN THIS CHAPTER, A NONREFUNDABLE TECHNOLOGY FEE OF ONE DOLLAR SHALL BE ADDED TO THE APPLICABLE FEE FOR ANY TRANSACTION FOR WHICH A FEE IS CHARGED BY THE DEPARTMENT FOR: THE REGISTRATION, REREGISTRATION OR RENEWAL OF A REGISTRATION OF A MOTOR VEHICLE, MOTORCYCLE, HISTORIC MOTORCYCLE, SNOWMOBILE OR VESSEL; AND THE ISSUANCE OF ANY ORIGINAL, DUPLICATE OR RENEWAL LEARNER PERMIT, DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD. SUCH FEES SHALL BE DEPOSITED TO THE CREDIT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. § 2. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 4 of chapter 368 of the laws of 2019, is amended to read as follows: S. 2508 91 A. 3008 (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWENTY-FOUR-B AND four hundred one and article [twelve-d] TWELVE-D of the vehicle and traffic law, and section thirty- one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation and the commissioner of motor vehicles pursuant to section fifty-two, section three hundred twenty-six, section eighty- eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of part U1 of chapter sixty-two of the laws of two thousand three, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, and section one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. § 3. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 5 of chapter 368 of the laws of 2019, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWEN- TY-FOUR-B AND four hundred one and article [twelve-d] TWELVE-D of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation and the commissioner of motor vehicles pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, and section one hundred forty-five of the transporta- tion law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall expire and be deemed repealed five years after such date; provided, however, that the amendments to para- graph (a) of subdivision 3 of section 89-b of the state finance law, made by section two of this act, shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter S. 2508 92 A. 3008 62 of the laws of 2003, as amended, when upon such date the provisions of section three of this act shall take effect; provided further that the convenience fee authorized to be collected in connection with fee transactions relating to the registration of motor vehicles, motorcy- cles, historic motorcycles, vessels and snowmobiles shall apply to new registrations issued, reregistrations occurring, and to renewals of registrations expiring, on and after such date; and provided further that the technology fee authorized to be collected in connection with fee transactions relating to learner permits, driver licenses and iden- tification cards shall apply to new learner permits, driver licenses and identification cards issued, and to renewals of learner permits, driver licenses and identification cards expiring, on and after such date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation and any changes in procedures and information technology systems necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART II Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormi- tory authority to enter into certain design and construction management agreements, as amended by section 1 of part B of chapter 58 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2021] 2024. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART JJ Section 1. The opening paragraph of section 5102 of the insurance law is amended and a new subsection (n) is added to read as follows: In this [chapter] ARTICLE: (N) "PROVIDER OF HEALTH SERVICES" MEANS A PERSON OR ENTITY WHO OR THAT RENDERS HEALTH SERVICES. § 2. Section 5109 of the insurance law, as added by chapter 423 of the laws of 2005, is amended to read as follows: S. 2508 93 A. 3008 § 5109. Unauthorized providers of health services. (a) [The super- intendent, in consultation with the commissioner of health and the commissioner of education, shall by regulation, promulgate standards and procedures for investigating and suspending or removing the authori- zation for providers of health services to demand or request payment for health services as specified in paragraph one of subsection (a) of section five thousand one hundred two of this article upon findings reached after investigation pursuant to this section. Such regulations shall ensure the same or greater due process provisions, including notice and opportunity to be heard, as those afforded physicians inves- tigated under article two of the workers' compensation law and shall include provision for notice to all providers of health services of the provisions of this section and regulations promulgated thereunder at least ninety days in advance of the effective date of such regulations.] AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II) OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (b) [The commissioner of health and the commissioner of education shall provide a list of the names of all providers of health services who the commissioner of health and the commissioner of education shall deem, after reasonable investigation, not authorized to demand or request any payment for medical services in connection with any claim under this article because such provider of health services] THE SUPER- INTENDENT MAY PROHIBIT A PROVIDER OF HEALTH SERVICES FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE, OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, FOR A PERIOD NOT EXCEEDING THREE YEARS, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT THE PROVIDER OF HEALTH SERVICES: (1) has ADMITTED TO, OR been FOUND guilty of, professional [or other] misconduct [or incompetency], AS DEFINED IN THE EDUCATION LAW, in connection with [medical] HEALTH services rendered under this article; [or (2) has exceeded the limits of his or her professional competence in rendering medical care under this article or has knowingly made a false statement or representation as to a material fact in any medical report made in connection with any claim under this article; or (3)] (2) solicited, or [has] employed another PERSON to solicit for [himself or herself] THE PROVIDER OF HEALTH SERVICES or [for] another PERSON OR ENTITY, professional treatment, examination or care of [an injured] A person in connection with any claim under this article; [or (4) has] (3) refused to appear before, or [to] answer ANY QUESTION upon request of, the [commissioner of health, the] superintendent[,] or any duly authorized officer of [the] THIS state, [any legal question,] or REFUSED to produce any relevant information concerning [his or her] THE conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering medical] HEALTH services RENDERED under this article; [or (5) has] (4) engaged in [patterns] A PATTERN of billing for: (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS ARTICLE, WHEN THE HEALTH SERVICES were not [provided] RENDERED, PROVIDED, HOWEVER, THAT AN ADVERSE DETERMINATION BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE BASED ON GOOD FAITH DISPUTES REGARDING THE APPROPRIATENESS OF A PARTICULAR CODE TO DESCRIBE A HEALTH SERVICE; OR S. 2508 94 A. 3008 (B) UNNECESSARY HEALTH SERVICES, PROVIDED, HOWEVER, THAT AN ADVERSE DETERMINATION BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE BASED SOLELY ON THE FACT THAT ONE OR MORE INSURERS HAVE DENIED MULTIPLE CLAIMS SUBMITTED BY THE PROVIDER OF HEALTH SERVICES; (5) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH SERVICES; (6) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES THAT WERE BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE; (7) CEDED OWNERSHIP, OPERATION OR CONTROL OF A BUSINESS ENTITY AUTHOR- IZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES FOR WHICH THE ENTITY IS LEGALLY AUTHORIZED TO PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S OWNERSHIP, OPERATION OR CONTROL IS OTHERWISE PERMITTED BY LAW; (8) COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05 OF THE PENAL LAW; (9) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST PRACTICES; OR (10) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED THEREUNDER. (c) [Providers] A PROVIDER of health services shall [refrain from subsequently treating for remuneration, as a private patient, any person seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FOR ANY HEALTH SERVICES under this article [if such provider pursuant to this section has been prohibited from demanding or requesting any payment for medical services under this article. An injured claimant so treated or examined may raise this as] OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE SUPER- INTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBITION ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action by [such] THE provider OF HEALTH SERVICES for payment for [treatment rendered at any time after such provider has been prohibited from demanding or requesting payment for medical services in connection with any claim under this article] SUCH HEALTH SERVICES. (d) THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL PROVIDE THE SUPERINTENDENT A LIST OF THE NAMES OF ALL PROVIDERS OF HEALTH SERVICES WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FINDINGS PURSU- ANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE VOLUN- TARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW. SUCH PROVIDERS OF HEALTH SERVICES SHALL NOT BE AUTHORIZED TO DEMAND OR REQUEST ANY PAYMENT FOR HEALTH SERVICES IN CONNECTION WITH ANY CLAIM UNDER THIS ARTICLE, OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING THE PERIOD THAT SUCH PROVIDERS OF HEALTH SERVICES HAVE VOLUNTARILY RESIGNED OR ARE DISQUALI- FIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW. (E) THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL MAINTAIN AND REGULARLY UPDATE A DATABASE CONTAINING A LIST OF PROVIDERS OF HEALTH SERVICES WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FIND- INGS PURSUANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE VOLUNTARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH S. 2508 95 A. 3008 SERVICES UNDER THE WORKERS' COMPENSATION LAW, AND SHALL MAKE SUCH INFOR- MATION AVAILABLE TO THE PUBLIC. (F) The [commissioner of health and the commissioner of education] SUPERINTENDENT shall maintain [and regularly update] a database contain- ing a list of providers of health services prohibited by this section from demanding or requesting any payment for health services [connected to a claim] RENDERED under this article and shall make [such] THE infor- mation available to the public [by means of a website and by a toll free number]. (G) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY NOT EXCEEDING FIFTY THOUSAND DOLLARS ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTEN- DENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES PURSUANT TO SUBSECTION (B) OF THIS SECTION. ANY CIVIL PENALTY IMPOSED UNDER THIS SECTION THAT IS BASED UPON THE COMMISSION OF A FRAUDULENT INSURANCE ACT, AS DEFINED IN SECTION 176.05 OF THE PENAL LAW, SHALL BE LEVIED IN ACCORDANCE WITH SUBSECTION (C) OF SECTION FOUR HUNDRED THREE OF THIS CHAPTER. [(e)] (H) Nothing in this section shall be construed as limiting in any respect the powers and duties of the commissioner of health, commis- sioner of education, THE CHAIR OF THE WORKERS' COMPENSATION BOARD, or the superintendent to investigate instances of misconduct by a [health care] provider [and, after a hearing and upon written notice to the provider, to temporarily prohibit a provider of health services under such investigation from demanding or requesting any payment for medical services under this article for up to ninety days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRIATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMIS- SIONER OF HEALTH OR THE COMMISSIONER OF EDUCATION IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT. § 3. The superintendent of financial services shall convene a motor vehicle insurance task force, to examine alternatives to the no-fault insurance system as well as other legislative or regulatory initiatives to reduce the cost of motor vehicle insurance. The task force shall issue a report to the governor on its recommendations no later than December 31, 2021. The task force shall be chaired by the superinten- dent of financial services or his or her designee, and the governor shall appoint eight (8) members comprised of consumer representatives, health insurers, trial attorneys, healthcare providers, and insurers. The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties. § 4. This act shall take effect immediately; provided, however that sections one and two of this act shall take effect on the one hundred eightieth day after it shall have become a law. PART KK Section 1. Section 410 of the economic development law is REPEALED. § 2. Section 3102-b of the public authorities law, as renumbered by chapter 291 of the laws of 1990, the opening paragraph as amended by chapter 616 of the laws of 1991, paragraph (a) of subdivision 1, subdi- vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of the laws of 2010, subdivisions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to read as follows: S. 2508 96 A. 3008 § 3102-b. Centers for advanced technology. In order to encourage greater collaboration between private industry and the universities of the state in the development and application of new technologies, the [foundation] DEPARTMENT is authorized to designate for advanced technol- ogy such areas as integrated electronics, optics, biotechnology, tele- communications, automation and robotics, electronics packaging, imaging technology and others [identified by the foundation] as DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION THREE OF PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND TWO, IN AREAS IDENTIFIED BY SUCH DEPARTMENT AS having significant poten- tial for economic growth in New York, or in which the application of new technologies could significantly enhance the productivity and stability of New York businesses. Such designations shall be made in accordance with the standards and criteria set forth in subdivision two of this section. Centers so designated shall be eligible for support from the foundation in the manner provided for in subdivision three of this section, and for such additional support as may otherwise be provided by law. 1. As used in this section: (a) "center for advanced technology" or "center" means a university or university-affiliated research institute or a consortium of such insti- tutions, designated by the [foundation] DEPARTMENT, which conducts a continuing program of basic and applied research, development, and tech- nology commercialization in one or more technological areas, in collab- oration with and through the support of private business and industry; and (b) "applicant" means a university or university-affiliated research institute or a consortium of such institutions which request designation as a center in accordance with such requirements as are established by the [foundation] DEPARTMENT for this purpose. (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 2. The [foundation] DEPARTMENT shall: (a) identify technological areas for which centers should be desig- nated including technological areas that are related to industries with significant potential for economic growth and development in New York state and technological areas that are related to the enhancement of productivity in various industries located in New York state. (b) establish criteria that applicants must satisfy for designation as a center, including, but not limited to the following: (i) an established record of research, development and instruction in the area or areas of technology involved; (ii) the capacity to conduct research and development activities in collaboration with business and industry; (iii) the capacity to secure substantial private and other govern- mental funding for the proposed center, in amounts at least equal to the total of support sought from the state; (iv) the ability and willingness to cooperate with other institutions in the state in conducting research and development activities, and in disseminating research results; and to work with technical and community colleges in the state to enhance the quality of technical education in the area or areas of technology involved; (v) the ability and willingness to cooperate with the [foundation] DEPARTMENT and other economic development agencies in promoting the growth and development in New York state of industries based upon or benefiting from the area or areas of technology involved. S. 2508 97 A. 3008 (c) establish such requirements as it deems appropriate for the format, content and filing of applications for designation as centers for advanced technology. (d) establish such procedures as it deems appropriate for the evalu- ation of applications for designation as centers for advanced technolo- gy, including the establishment of peer review panels composed of nationally recognized experts in the technological areas and industries to which the application is related. (E) NOTWITHSTANDING THE CRITERIA SET FORTH IN THIS SUBDIVISION, OR ANY PROVISION OF LAW TO THE CONTRARY, THE UNIVERSITIES, UNIVERSITY-AFFILIAT- ED RESEARCH INSTITUTES OR A CONSORTIUM OF SUCH INSTITUTIONS DESIGNATED AS CENTERS OF EXCELLENCE UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC DEVELOPMENT LAW ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION SHALL BE DESIGNATED AS CENTERS FOR ADVANCED TECHNOLOGY FOR A PERIOD OF TWO YEARS, DURING WHICH TIME A COMPETITION WILL BE HELD TO AWARD TEN YEAR DESIG- NATIONS TO APPLICANTS DEEMED TO HAVE SIGNIFICANT ECONOMIC IMPACT POTEN- TIAL. THE NUMBER OF AWARDS MADE AS A RESULT OF SUCH COMPETITION SHALL BE AT LEAST EQUAL TO THE NUMBER OF CENTERS OF EXCELLENCE. CENTERS OF EXCEL- LENCE RECEIVING A TWO YEAR CENTER DESIGNATION SHALL INCLUDE: BUFFALO CENTER OF EXCELLENCE IN BIOINFORMATICS AND LIFE SCIENCES; SYRACUSE CENTER OF EXCELLENCE IN ENVIRONMENTAL AND ENERGY SYSTEMS; ALBANY CENTER OF EXCELLENCE IN NANOELECTRONICS; STONY BROOK CENTER OF EXCELLENCE IN WIRELESS AND INFORMATION TECHNOLOGY; BINGHAMTON CENTER OF EXCELLENCE IN SMALL SCALE SYSTEMS INTEGRATION AND PACKAGING; STONY BROOK CENTER OF EXCELLENCE IN ADVANCED ENERGY RESEARCH; BUFFALO CENTER OF EXCELLENCE IN MATERIALS INFORMATICS; ROCHESTER CENTER OF EXCELLENCE IN SUSTAINABLE MANUFACTURING; ROCHESTER CENTER OF EXCELLENCE IN DATA SCIENCE; RENSSE- LAER POLYTECHNIC INSTITUTE CENTER OF EXCELLENCE IN DIGITAL GAME DEVELOP- MENT; ROCHESTER INSTITUTE OF TECHNOLOGY CENTER OF EXCELLENCE IN DIGITAL GAME DEVELOPMENT; NEW YORK UNIVERSITY CENTER OF EXCELLENCE IN DIGITAL GAME DEVELOPMENT; CORNELL UNIVERSITY CENTER OF EXCELLENCE IN FOOD AND AGRICULTURE INNOVATION; ALBANY CENTER OF EXCELLENCE IN DATA SCIENCE IN ATMOSPHERIC AND ENVIRONMENTAL PREDICTION AND INNOVATION; NEW YORK MEDICAL COLLEGE CENTER OF EXCELLENCE IN PRECISION RESPONSES TO BIOTER- RORISM AND DISASTER; AND CLARKSON - SUNY ESF CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS. 3. (a) From such funds as may be appropriated for this purpose by the legislature, the [foundation] DEPARTMENT may provide financial support, through contracts or other means, to designated centers for advanced technology, in order to enhance and accelerate the development of such centers. Funds received pursuant to this subdivision may be used for purchase of equipment and fixtures, employment of faculty and support staff, provision of graduate fellowships, and other purposes approved by the [foundation] DEPARTMENT, but may not be used for capital construction. In each case, the amount provided by the [foundation] DEPARTMENT to a center shall be matched by commitments of support from private and governmental other than state sources provided that: (i) funds or in-kind resources provided by the public or private university of which the center is a part may be counted towards the match; (ii) such match shall not be required on a project-by-project basis; (iii) matching funds received from businesses with no more than one hundred employees shall count as double the actual dollar amount toward the center's overall match requirement; S. 2508 98 A. 3008 (iv) funds used by the center for any workforce development activities required by the [foundation] DEPARTMENT shall not be included as part of the center's award when determining the amount of matching funds required by the [foundation] DEPARTMENT. Such activities shall include, but are not limited to, helping incumbent workers expand their skill sets through short courses, seminars, and workshops; providing indus- try-driven research assistant opportunities for students, and aiding in the development of undergraduate and graduate courses in the center's technology focus to help ensure that students are trained to meet the needs of industry; (v) centers may use not more then twenty-five percent of indirect costs towards any match requirements. (b) (I) The [amount provided by the foundation shall be made in accordance with the following: (i) for the academic year in which it is first funded as a designated center, and the five subsequent years, the] amount provided by the [foundation] DEPARTMENT to a center shall be matched equally by the center[; (ii) beginning in the sixth academic year following the academic year in which a center is first funded as a designated center and for each academic year thereafter, amounts provided by the foundation of up to seven hundred fifty thousand dollars shall be matched equally by the center, amounts in excess of seven hundred fifty thousand dollars shall be matched by the center in amounts of at least the percentage set forth herein: in the sixth year, one hundred twenty percent; in the seventh year, one hundred forty percent; in the eighth year, one hundred sixty percent; in the ninth year, one hundred eighty percent; in the tenth year and each year thereafter, two hundred percent; (iii) beginning in the ninth academic year following the academic year in which a center is first funded as a designated center, the foundation shall evaluate such center's area of advanced technology to determine whether it has continued significant potential for enhancing economic growth in New York, or whether the application of technologies in the area could significantly enhance the productivity and stability of New York businesses; (iv) upon]. (II) UPON a finding by the [foundation] DEPARTMENT that an area of advanced technology has continued significant potential for enhancing economic growth in New York, or that the application of tech- nologies in the area could significantly enhance the productivity and stability of New York businesses, the [foundation] DEPARTMENT will initiate a redesignation process in accordance with the standards and criteria set forth in paragraph (b) of subdivision two and in accordance with paragraphs (c) and (d) of subdivision two of this section. [(1) In the event a new center is selected in the redesignation proc- ess, the foundation shall provide funds to such new center in accordance with the funding match requirements set forth in subparagraphs (i) and (ii) of paragraph (a) of this subdivision. (2) In the event a previously designated center is redesignated in the same area of technology, which redesignation is effective for the tenth academic year following the first academic year of both designation and funding, then, in that year and in each year thereafter, the foundation shall provide funds of up to seven hundred fifty thousand dollars to be matched equally by the center, amounts in excess of seven hundred fifty thousand dollars shall be matched by the center in amounts of at least two hundred percent. S. 2508 99 A. 3008 (3)] (III) In the event a currently designated center is not selected in the redesignation process for an additional term, or upon a finding by the [foundation] DEPARTMENT that the area of advanced technology does not have significant potential for enhancing economic growth in New York, or upon a finding that the application of technologies in that area would not significantly enhance the productivity and stability of New York businesses, then the [foundation] DEPARTMENT shall, in the tenth academic year following such center's first both designation and funding, which year shall be the final year of funding for such center, provide an amount of up to five hundred thousand dollars. (c) Continued funding of the operations of each center shall be based upon a showing that: the center continues to comply with the criteria established by the [foundation] DEPARTMENT pursuant to paragraph (b) of subdivision two of this section; a demonstration of assistance to small businesses in New York state through research, technology transfer or other means as approved by the [foundation] DEPARTMENT; evidence of partnerships with other appropriate entities to develop outreach networks and ensure that companies receive access to appropriate federal funding for technology development and commercialization as well as non-research assistance such as general business consulting. Appropriate partners are those with which the center demonstrates a relationship that enhances and advances the center's ability to aid economic growth in New York state; and compliance with the rules, regulations and guide- lines of the [foundation] DEPARTMENT; and, compliance with any contracts between the [foundation] DEPARTMENT and the designated center. (d) Each center shall report on its activities to the [foundation] DEPARTMENT in a manner and according to the schedule established by the [foundation] DEPARTMENT, and shall provide such additional information as the [foundation] DEPARTMENT may require provided, that quantifiable economic development impact measures are not restricted to any period less than five years and that centers provide a full description of all non-quantifiable measures. The [foundation] DEPARTMENT shall evaluate center operations using methods such as site visits, reporting of speci- fied information and peer review evaluations using experts in the field of technology in which the center was designated. The [foundation] DEPARTMENT shall notify each center of the results of its evaluations and findings of deficiencies in the operation of such center or its research, education, or technology commercialization activities and shall work with such centers to remedy such findings. If such factors are not remedied, the [foundation] DEPARTMENT may withdraw the state funding support, in whole or in part, or withdraw the center desig- nation. (e) In order to encourage that the results of center research benefit New York state, designation and continued funding of each center shall be contingent upon each center's establishing within its licensing guidelines the following: after payment of the inventor's share, a reduced payment due to the university of any royalty, income or other consideration earned from the license or sale of intellectual property rights created or developed at, or through the use of, the facilities of the center by any person or entity if the manufacturing or use resulting from such intellectual property rights occurs within New York state. The [foundation] DEPARTMENT shall promulgate rules and regulations regarding the provisions of the licensing guidelines described herein as they apply to such reduced payment, and such provisions shall be subject to the approval of the [foundation] DEPARTMENT. S. 2508 100 A. 3008 4. From such funds as may be appropriated for this purpose by the legislature, the [foundation] DEPARTMENT may provide grants to any one university or university-affiliated research institution for purposes of planning and program development aimed at enabling such university or university-affiliated research institution to qualify for designation as a center. Such grants shall be awarded on a competitive basis, and shall be available only to those applicants which in the judgment of the [foundation] DEPARTMENT may reasonably be expected to be designated as centers. No applicant shall receive more than one such grant. 5. (a) From such funds as may be appropriated for the purpose of incentive grants or other funds which may be available from the [founda- tion] DEPARTMENT to enhance center activities in areas of crucial inter- est in the state's economic development, the [foundation] DEPARTMENT may provide grants, on a competitive basis, to centers for projects includ- ing, but not limited to, those which: (i) explore new technologies with commercial application conducted jointly by two or more centers or a center and non-center university, college or community college; (ii) are aimed at enhancing or accelerating the process of bringing new products, particularly those under development by new small busi- nesses, to the marketplace; or (iii) increase technology transfer projects with the state's mature manufacturing industries in applying technology in their manufacturing processes or for new product development. (b) State support for incentive grants may be matched on an individual basis by the [foundation] DEPARTMENT, which may consider the type of project and the availability of amounts from private, university and governmental, other than state, sources. 6. (a) The [foundation] DEPARTMENT shall make an annual report of the centers for advanced technology program to the governor and the legisla- ture not later than September first of each year. Such report shall include, but not be limited to, the results of the [foundation's] DEPARTMENT'S evaluation of each center, a description of the achievement of each center, any deficiencies in the operation of each center or its research, education and technology commercialization activities, remedi- al actions recommended by the [foundation] DEPARTMENT, remedial actions taken by each center, a description of the small business assistance provided by each center, a description of any incentive grant program awarded a grant by the [foundation] DEPARTMENT and the achievements of such program, and the amount of financial assistance provided by the [foundation] DEPARTMENT and the level of matching funds provided by each center and the uses of such monies. (b) Annual reports shall include a discussion of any fields of tech- nology that the foundation has identified as having significant poten- tial for economic growth or improved productivity and stability of New York businesses and in which no center for advanced technology has been designated and recommendations of the [foundation] DEPARTMENT as to actions that should be taken. § 3. This act shall take effect immediately, provided, however section one of this act shall take effect April 1, 2023. PART LL Section 1. Paragraph (a) of subdivision 1 of section 9-x of the bank- ing law, as amended by section 1 of part C of chapter 126 of the laws of 2020, is amended to read as follows: S. 2508 101 A. 3008 (a) "Covered period" means March 7, 2020 until the LATER OF DECEMBER 31, 2021 OR THE date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-es- sential gatherings of individuals of any size for any reason in Execu- tive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and 202.31 and as further extended by any future Executive Order, issued in response to the COVID-19 pandemic continue to apply in the county of the qualified mortgagor's residence; § 2. This act shall take effect immediately. PART MM Section 1. This act enacts into law components of legislation relating to eviction and foreclosure protections for tenants and owners of commercial real property. 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 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 five of this act sets forth the general effective date of this act. § 2. Short title. This act shall be known and may be cited as the "COVID-19 Emergency Eviction and Foreclosure Prevention for Tenants and Owners of Commercial Real Property Act of 2021". § 3. Legislative intent. The Legislature finds and declares all of the following: 1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer- gency in response to the Coronavirus disease (COVID-19) pandemic. Meas- ures necessary to contain the spread of COVID-19 have brought about widespread economic and societal disruption, placing the state of New York in unprecedented circumstances. 2. COVID-19 presents a historic threat to public health and the economic well-being of New Yorkers. Commercial tenants and real property owners are facing eviction or foreclosure due to necessary disease control measures that reduced businesses revenue and triggered mass unemployment across the state. 3. The pandemic has further interrupted court operations, the avail- ability of counsel, the ability for parties to pay for counsel, and the ability to safely commute and enter a courtroom, settlement conference and the like. 4. A temporary prohibition of evictions and foreclosures for commer- cial properties is to the mutual benefit of all New Yorkers and will help the state address the financial toll of the pandemic, protect public health, and set the stage for economic recovery. 5. As such, a limited, temporary stay is necessary to protect the public health, financial security, and morals of the people the Legisla- ture represents from the dangers of the COVID-emergency pandemic. SUBPART A Section 1. Definitions. For the purposes of this act: S. 2508 102 A. 3008 1. "Eviction proceeding" means a summary proceeding to recover possession of real property relating to a commercial unit under the real property actions and proceedings law for nonpayment of rent or any other judicial proceeding to recover possession of commercial real property for nonpayment of rent. 2. "Landlord" includes a landlord, owner of real property and any other person with a legal right to pursue eviction, possessory action, or a money judgment for rent, including arrears, owed or that becomes due during the COVID-19 covered period, as defined in section 1 of chap- ter 127 of the laws of 2020. 3. "Tenant" includes a commercial tenant, or any other person or enti- ty responsible for paying rent, use and occupancy, or any other finan- cial obligation under a lease for real property or tenancy agreement, but does not include a residential tenant of a dwelling unit. 4. "Hardship declaration" means the following statement, or a substan- tially equivalent statement in the tenant's primary language, in 14-point type, published by the office of court administration, whether in physical or electronic form, regarding the financial hardship of the tenant and signed under the penalty of perjury by the tenant: "NOTICE TO COMMERCIAL TENANT: If you have lost income or had increased costs during the COVID-19 pandemic as described in this hardship decla- ration and you sign and deliver this hardship declaration to your land- lord, you cannot be evicted until at least May 1, 2021 for nonpayment of rent. You or your licensees may still be evicted for violating your lease by persistently engaging in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. If your landlord has provided you with this form, your landlord must also provide you with a mailing address and email address to which you can return this form. If your landlord has already started an eviction proceeding against you, you can return this form to either your landlord, the court, or both at any time. You should keep a copy or a picture of the signed form for your records. You will still owe any unpaid rent to your landlord. You should also keep careful track of what you have paid and any amount you still owe. COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEM- IC: I am a commercial tenant, lawful occupant, or other person respon- sible for paying rent, use and occupancy, or any other financial obli- gation under a commercial lease or commercial tenancy agreement at (address of commercial property). You must indicate below your qualification for eviction protection by checking the appropriate box and signing the declaration: My business is experiencing financial hardship due to the COVID-19 pandemic, I certify I have not received any federal, state or local aid for businesses harmed by COVID-19, and I am unable to pay my rent or other financial obligations under the lease in full because of the following: ( ) My business was subject to seating, occupancy or on-premises pres- ence limitations due to COVID-19 safety measures as required by New York State Executive Orders and the business suffered a significant loss of income or significant increase in cost, the approximate percentage of which may be required to be provided or proved by documentation; ( ) My business has experienced a reduction in gross receipts by at least thirty-five percent for any three-month term during the COVID-19 coverage period that is comparable to a three-month term in 2019, which may be required to be proved by documentation; S. 2508 103 A. 3008 ( ) My business has experienced a net decrease in employment by at least thirty-five percent for any three-month term during the COVID-19 cover- age period that is comparable to a three-month term in 2019, which may be required to be proved by documentation; or ( ) I attest that my business was in receipt of federal, state, or local aid for businesses financially harmed by COVID-19, however the amounts received _____ (fill in amount) was insufficient to pay fully any arrears, and my business still meets one or more of the criteria laid out above and I qualify for financial hardship under this section. I understand that I must comply with all other lawful terms under my tenancy, lease agreement or similar contract. I further understand that lawful fees, penalties or interest for not having paid rent in full or met other financial obligations as required by my tenancy, lease agree- ment or similar contract may still be charged or collected and may result in a monetary judgment against me. I further understand that my landlord may be able to seek eviction after May 1, 2021, and that the law may provide certain protections at that time that are separate from those available through this declaration. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false." § 2. Notwithstanding any law to the contrary no commercial tenant shall be removed from possession prior to May 1, 2021, except by an eviction proceeding. § 3. Pending eviction proceedings. Any eviction proceeding pending on the effective date of this act, including eviction proceedings filed on or before March 7, 2020, or commenced within thirty days of the effec- tive date of this act shall be stayed for at least thirty days, or to such later date that the chief administrative judge shall determine is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to give tenants an opportunity to submit the hardship declaration pursuant to this act. The court in each case shall promptly issue an order directing such stay and promptly mail the respondent a copy of the hardship declaration. § 4. Prohibition on initiation of eviction proceeding. If there is no pending eviction proceeding and a tenant provides a hardship declaration to the landlord or an agent of the landlord, there shall be no initi- ation of an eviction proceeding against the tenant until at least May 1, 2021, and in such event any specific time limit for the commencement of an eviction proceeding shall be tolled until May 1, 2021. § 5. Required affidavit. 1. No court shall accept for filing any peti- tion or complaint or other filing to commence an eviction proceeding unless the petitioner or an agent of the petitioner or plaintiff files an affidavit of service, attesting to the service of both the eviction papers and an unexecuted copy of the hardship declaration, and accompa- nied by an affidavit by petitioner or plaintiff that: a. at the time of filing, neither the petitioner or the plaintiff nor any agent of the petitioner or plaintiff has received a hardship decla- ration from the respondent or defendant, or b. the respondent or defendant has returned a hardship declaration, but the respondent or its licensees are persistently engaging in behav- S. 2508 104 A. 3008 ior that infringes on the use and enjoyment of other tenants or occu- pants or causes a substantial safety hazard to others, with a specific description of the behavior alleged. 2. Upon accepting a petition or complaint the attorney, judge, or clerk of the court, as the case may be, shall determine whether a copy of the hardship declaration is annexed to the served notice of petition or summons and complaint and, if not, shall ensure that the hardship declaration is attached to such notice or summons. At the earliest possible opportunity, the court shall seek confirmation on the record or in writing from the respondent or defendant that the respondent or defendant has received the hardship declaration and that the respondent or defendant has not submitted a hardship declaration to the petitioner or plaintiff, an agent of the petitioner or plaintiff, or the court. § 6. Pending proceedings. In any eviction proceeding in which an eviction warrant or judgment of possession or ejectment has not been issued, including eviction proceedings filed on or before March 7, 2020, if the tenant provides a hardship declaration to the petitioner or plaintiff, the court, or an agent of the petitioner or the court, the eviction proceeding shall be stayed until at least May 1, 2021. If such hardship declaration is provided to the petitioner or plaintiff or their agent, such petitioner or plaintiff or their agent shall promptly file it with the court, advising the court in writing the index number of all relevant cases. § 7. Sections two, three, four, and six of this act shall not apply if the tenant or its licensees are persistently engaging in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial health or safety hazard to others. § 8. Translation of hardship declaration. The office of court adminis- tration shall translate the hardship declaration, as defined in section one of this act, into Spanish and the six most common languages in the city of New York, after Spanish, and shall post and maintain such trans- lations and an English language copy of the hardship declaration on the website of such office beginning within fifteen days of the effective date of this act. To the extent practicable, the office of court admin- istration shall post and maintain on its website translations into such additional languages as the chief administrative judge shall deem appro- priate to ensure that tenants have an opportunity to understand and submit hardship declarations pursuant to this act. § 9. 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, paragraph, section or part of this act directly involved in the controversy in which the judg- ment shall have been rendered. § 10. This act shall take effect immediately and sections one, two, three, four, five, six, seven, and eight of this act shall expire May 1, 2021. SUBPART B Section 1. This subpart enacts into law components of legislation relating to mortgage foreclosures. § 2. Application. This act shall apply to any action to foreclose a mortgage relating to a commercial or multi-family real property. S. 2508 105 A. 3008 (a) For purposes of this act, real property shall not include residen- tial real property that is subject to the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. (b) For purposes of this act, real property shall not include property that has not been maintained or has not been actively marketed for rental for a continuous period of six months before the submission of a hardship declaration pursuant to this action. (c) Notwithstanding anything to the contrary, this act shall not apply to and does not affect any mortgage loans made, insured, purchased or securitized by a corporate governmental agency of the state constituted as a political subdivision and public benefit corporation, or the rights and obligations of any lender, issuer, servicer, or trustee of such obligations. § 3. Definitions. For the purposes of this act, "Hardship Declaration" means the following statement, or a substantially similar statement, in the mortgagor's primary language, in 14-point type, published by the office of court administration, whether in physical or electronic form and signed under the penalty of perjury stating the following: "NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic as described in this hardship declaration and you sign and deliver this hardship declaration to your mortgage lender, you cannot be foreclosed on until at least May 1, 2021. You or your licensees may still be evicted for violating your lease by persis- tently engaging in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. If your mortgage lender or other foreclosing party has provided you with this form, they must also provide you with a mailing address and email address to which you can return this form. If your mortgage lender or other foreclosing party has already started a foreclosure proceeding against you, you can return this form to either your mortgage lender or the foreclosing party, the court, or both at any time. You should keep a copy or a picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19 BUSINESS RELATED HARD- SHIP: I am the mortgagor of the property at (address of commercial business). I am experiencing financial hardship and I have not received any federal, state, or local aid for businesses financially harmed by COVID-19, and I am unable to pay my mortgage in full because of one or more of the following: ( ) One or more of my tenants have defaulted on a significant amount of rent payments since March 1, 2020, which may be required to be proved by documentation; ( ) My tenant's business was subject to seating, occupancy or on-premis- es presence limitations due to COVID-19 safety measures as required by New York State Executive Orders and the business suffered a significant loss or income or increase in cost which has resulted in the reduction of a significant amount of rent payments, which may be required to be proved by documentation; ( ) I have suffered a significant reduction in revenue or increase in cost for any three-month period during the COVID-19 coverage period, which may be required to be proved by documentation. S. 2508 106 A. 3008 I attest that if my business was in receipt of federal, state, or local aid for businesses financially harmed by COVID-19, that such amount of ________ (fill in amount), was insufficient to cover my mortgage and my business still meets the criteria laid out above and I qualify for financial hardship under this section. I understand that I must comply with all the other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after May 1, 2021, if I do not fully repay any missed or partial payments and lawful fees. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false." § 4. Any action to foreclose a mortgage pending on the effective date of this act, including actions filed on or before March 7, 2020, or commenced within thirty days of the effective date of this act shall be stayed for at least thirty days, or to such later date that the chief administrative judge shall determine is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to give mortgagors an opportunity to submit the hardship declaration pursu- ant to this act. The court in each case shall promptly issue an order directing such stay and promptly mail the mortgagor a copy of the hard- ship declaration. § 5. If a mortgagor provides a hardship declaration to the foreclosing party or an agent of the foreclosing party, there shall be no initiation of an action to foreclose a mortgage against the mortgagor until at least May 1, 2021, and in such event any specific time limit for the commencement of an action to foreclose a mortgage shall be tolled until May 1, 2021. § 6. No court shall accept for filing any action to foreclose a mort- gage unless the foreclosing party or an agent of the foreclosing party files an affidavit, of service demonstrating the service of a copy of the summons and complaint or notice of petition, along with an unexe- cuted copy of the hardship declaration; and an affidavit by the peti- tioner attesting that at the time of filing, neither the foreclosing party nor any agent of the foreclosing party has received a hardship declaration from the mortgagor. At the earliest possible opportunity, the court shall seek confirmation on the record or in writing that the mortgagor has received a copy of the hardship declaration and that the mortgagor has not returned the hardship declaration to the foreclosing party or an agent of the foreclosing party. If the court determines a mortgagor has not received a hardship declaration, then the court shall stay the proceeding for a reasonable period of time, which shall be no less than ten business days or any longer period provided by law, to ensure the mortgagor received and fully considered whether to submit the hardship declaration. § 7. In any action to foreclose a mortgage in which a judgment of sale has been issued prior to the effective date of this act but has not yet been executed as of the effective date of this act, including actions S. 2508 107 A. 3008 filed on or before March 7, 2020, the court shall stay the execution of the judgment at least until the court has held a status conference with the parties. In any action to foreclose a mortgage, if the mortgagor provides a hardship declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court, prior to the execution of the judgment, the execution shall be stayed until at least May 1, 2021. If such hardship declaration is provided to the foreclosing party or agent of the foreclosing party, such foreclosing party or agent shall promptly file it with the court, advising the court in writing the index number of all relevant cases. § 8. 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, paragraph, section or part of this act directly involved in the controversy in which the judg- ment shall have been rendered. § 9. This act shall take effect immediately and sections one, two, three, four, five, six and seven of this act shall expire May 1, 2021. § 4. 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. § 5. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART NN Section 1. Section 1 of subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, as amended by section 1 of part AAA of chapter 59 of the laws of 2018, is amended to read as follows: Section 1. Contingent upon available funding, and not to exceed [$69,000,000] $140,000,000 moneys from the urban development corporation shall be available for a local government entity, which for the purposes of this section shall mean a county, city, town, village, school district or special district, where (i) on or after June 25, 2015, an electric generating facility located within such local government entity has ceased operations, and (ii) the closing of such facility has caused a reduction in the real property tax collections or payments in lieu of taxes of at least twenty percent owed by such electric generating facil- ity. Such moneys attributable to the cessation of operations, shall be paid annually on a first come, first served basis by the urban develop- ment corporation to such local government entity within a reasonable time upon confirmation from the state office of real property tax services or the local industrial development authority established pursuant to titles eleven and fifteen of article eight of the public authorities law, or the local industrial development agency established pursuant to article eighteen-A of the general municipal law that such cessation has resulted in a reduction in the real property tax S. 2508 108 A. 3008 collections or payments in lieu of taxes, provided, however, that the urban development corporation shall not provide assistance to such local government entity for more than seven years, and shall award payments reflecting the loss of revenues due to the cessation of operations as follows: Award Year Maximum Potential Award 1 no more than eighty percent of loss of revenues 2 no more than seventy percent of loss of revenues 3 no more than sixty percent of loss of revenues 4 no more than fifty percent of loss of revenues 5 no more than forty percent of loss of revenues 6 no more than thirty percent of loss of revenues 7 no more than twenty percent of loss of revenues A local government entity shall be eligible for only one payment of funds hereunder per year. A local government entity may seek assistance under the electric generation facility cessation mitigation fund once a generator has submitted its notice to the federally designated electric bulk system operator (BSO) serving the state of New York of its intent to retire the facility or of its intent to voluntarily remove the facil- ity from service subject to any return-to-service provisions of any tariff, and that the facility also is ineligible to participate in the markets operated by the BSO. The date of submission of a local govern- ment entity's application for assistance shall establish the order in which assistance is paid to program applicants, except that in no event shall assistance be paid to a local government entity until such time that an electric generating facility has retired or become ineligible to participate in the markets operated by the BSO. For purposes of this section, any local government entity seeking assistance under the elec- tric generation facility cessation mitigation fund must submit an attes- tation to the department of public service that a facility is no longer producing electricity and is no longer participating in markets operated by the BSO. After receipt of such attestation, the department of public service shall confirm such information with the BSO. In the case that the BSO confirms to the department of public service that the facility is no longer producing electricity and participating in markets operated by such BSO, it shall be deemed that the electric generating facility located within the local government entity has ceased operation. The department of public service shall provide such confirmation to the urban development corporation upon receipt. The determination of the amount of such annual payment shall be determined by the president of the urban development corporation based on the amount of the differen- tial between the annual real property taxes and payments in lieu of taxes imposed upon the facility, exclusive of interest and penalties, during the last year of operations and the current real property taxes and payments in lieu of taxes imposed upon the facility, exclusive of interest and penalties. The total amount awarded from this program shall not exceed [$69,000,000] $140,000,000. § 2. This act shall take effect immediately; provided, however, that the amendments to section 1 of subpart H of part C of chapter 20 of the laws of 2015 made by section one of this act shall not affect the repeal of such subpart and shall be deemed repealed therewith. PART OO S. 2508 109 A. 3008 Section 1. Section 5 of chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termi- nation of services during periods of pandemics and/or state of emergen- cies, as amended by section 2 of part B of chapter 126 of the laws of 2020, is amended to read as follows: § 5. This act shall take effect immediately [and shall expire March 31, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. Subdivisions 6, 7, 8 and 9 of section 32 of the public service law, subdivision 6 as amended and subdivisions 7, 8 and 9 as added by chapter 108 of the laws of 2020, are amended to read as follows: 6. No utility corporation or municipality shall terminate or discon- nect services to any residential customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPO- RARY CUSTOMER, (III) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the non-payment of an overdue charge for the duration of [the] A state disaster emergency declared pursuant to SECTION TWENTY-EIGHT OF THE executive [order two hundred two of two thousand twenty (herein after "the COVID-19 state of emergency")] LAW ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Utility corporations and municipalities shall have a duty to restore service, to the extent not already required under this chapter, to any residential customer within forty-eight hours if such service has been terminated FOR NON-PAYMENT during the pendency of the [COVID-19] state [of] DISASTER emergency. 7. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO utility corporation or munici- pality shall terminate or disconnect the service of a residential OR SMALL BUSINESS customer because of defaulted deferred payment agreements or arrears owed to the utility corporation or municipality when such customer has experienced a change in financial circumstances AS DEFINED BY THE DEPARTMENT due to [the COVID-19] A state [of] DISASTER emergen- cy[, as defined by the department] AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION. The utility corporation or municipality shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in this article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 8. Every utility corporation or municipality shall provide notice to residential AND SMALL BUSINESS customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this article. S. 2508 110 A. 3008 9. Implementation of the provisions of this section shall not prohibit a utility or municipality from recovering lost or deferred revenues after the lifting or expiration of [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a utility corporation or municipality from disconnecting service necessary to protect the health and safety of customers and the public. § 3. Subdivision 6 of section 32 of the public service law, as added by chapter 686 of the laws of 2002, is REPEALED. § 4. Subdivisions 9, 10 and 11 of section 89-b of the public service law, as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO water-works corporation shall terminate or disconnect the service of a residential customer account OR THE ACCOUNT OF A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER- EOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, because of defaulted deferred payment agreements or arrears owed to the water-works corporation when such customer has experienced a change in financial circumstances, AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the department] DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. The water-works corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 10. Every water-works corporation OR SMALL BUSINESS shall provide notice to residential customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission, the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 11. Implementation of the provisions of this section shall not prohib- it a water-works corporation from recovering lost or deferred revenues after the lifting or expiration of the [COVID-19] state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a water-works corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. S. 2508 111 A. 3008 § 5. Section 89-l of the public service law, as added by chapter 715 of the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108 of the laws of 2020, is amended to read as follows: § 89-l. Municipal water systems. 1. For the purposes of this section, and for the purposes of any jurisdiction conferred by it upon the public service commission, a municipality is one which owns, maintains or oper- ates, or proposes to own, maintain or operate, a water system, or which sells, furnishes or distributes, or proposes to sell, furnish or distribute, water for domestic, commercial or public uses, whether provided by its own system or the system of a water-works corporation or another municipality. As so limited, the term "municipality" for the purposes of this section, means a city, town, village or public district; and a "public district," as here used, is a district or other territorial division, whether incorporated or not, whose affairs are managed by any officer or officers, person or persons, elected by voters or taxpayers or appointed by a public officer or officers, and includes, without excluding others, a water district, water supply district and a fire district. The other provisions of this chapter shall not apply to such a municipality, nor to its said business of owning, maintaining or operating a water system or of selling, furnishing or distributing water, except such provisions as are applied by this section by express reference. The jurisdiction of the public service commission, with respect to such a municipality or its said business, is that, and only that, provided for in this section. 2. Each such municipality shall file with the public service commis- sion a copy of the annual report of its division, bureau or department of water. 3. No municipality shall terminate or discontinue residential service OR SERVICE TO A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the nonpayment of bills, taxes, or fees for the duration of [the] A state disaster emergency declared pursuant to [executive order two hundred two of two thousand twenty (hereinafter the "COVID-19 state of emergency")] SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. Every municipality shall have a duty to restore service to any residential customer within forty-eight hours of the effective date of this subdivision if such service has been terminated FOR NON-PAYMENT during the pendency of [the COVID-19] A state [of] DISASTER emergency. 4. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO municipality shall terminate or discontinue the service of a residential OR SMALL BUSINESS customer because of bill arrears, taxes, or fees owed to the municipality when such customer has experienced a change in financial circumstances, AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the department] AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. The municipality shall provide a residential OR SMALL BUSINESS service customer that has experienced a change in finan- cial circumstances due to the [COVID-19] state [of] DISASTER emergency with the right to enter into, or restructure, a deferred payment agree- S. 2508 112 A. 3008 ment without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter, WITH SUCH PROHI- BITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 5. Every municipality shall provide notice to residential AND SMALL BUSINESS customers in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circumstances due to the [COVID-19] state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 6. Implementation of the provisions of this section shall not prohibit a municipality from recovering lost or deferred revenues after the lift- ing or expiry of [the COVID-19] A state [of] DISASTER emergency, provided that such means are not inconsistent with the provisions of this article. Nothing in this section shall prohibit a municipality from disconnecting service when it is necessary to protect the health and safety of customers and the public. 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION, A "MUNICIPALITY" SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY ESTABLISHED PURSUANT TO ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW. EVERY MUNICIPALITY SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS- SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER. § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service law, subdivisions 9, 10 and 12 as amended by section 1 of part B of chapter 126 of the laws of 2020, subdivision 11 as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. No telephone corporation shall terminate or disconnect ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE TO a residential service customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE- DURES, for the non-payment of an overdue charge for the duration of [the] A state disaster emergency declared pursuant to SECTION TWENTY- EIGHT OF THE executive [order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency")] LAW IN RESPONSE TO A STATE, NATIONAL OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. Telephone corporations shall have a duty to restore service, to the extent not already required under this chapter, at the request of any residential OR SMALL BUSINESS customer within forty-eight hours if such service has been terminated during the pendency of the [COVID-19] state [of] DISAS- TER emergency and disconnection of such service was due to non-payment of an overdue charge. 10. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO telephone corporation shall terminate or disconnect [the service] ANY SERVICES PROVIDED BY ITS S. 2508 113 A. 3008 INFRASTRUCTURE of a residential OR SMALL BUSINESS customer account because of defaulted deferred payment agreements or arrears then owed to the telephone corporation when such customer has experienced a change in financial circumstances AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the depart- ment] AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION. The telephone corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agree- ment without the requirement of a down payment, late fees, or penalties, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA- BLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 11. Every telephone corporation shall provide notice to residential customers, AND TO THOSE SMALL BUSINESS CUSTOMERS SET FORTH IN SUBDIVI- SION NINE OF THIS SECTION, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 12. Implementation of the provisions of this section shall not prohib- it a telephone corporation from recovering lost or deferred revenues after the lifting or expiration of [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a telephone corporation from discon- necting service at the request of a customer. Nothing in this section shall prohibit a telephone corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. § 7. Section 216 of the public service law is amended by adding five new subdivisions 6, 7, 8, 9 and 10 to read as follows: 6. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE CABLE TELEVISION COMPANY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO AN EXECUTIVE ORDER ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF- ICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. CABLE TELEVISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE. 7. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE OF A RESIDENTIAL OR SMALL BUSINESS S. 2508 114 A. 3008 CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES, AS DEFINED BY THE DEPARTMENT, DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVI- SION SIX OF THIS SECTION. THE CABLE TELEVISION COMPANY SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIRE- MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 8. EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM- STANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ARTICLE TWO OF THIS CHAPTER. 9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A CABLE TELEVISION COMPANY FROM RECOVERING LOST OR DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION, PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY MEANS NOT INCON- SISTENT WITH ANY OF THE PROVISIONS OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO THE JURISDIC- TION OF THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER, AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER. § 8. Subdivision 1 of section 1020-s of the public authorities law, as amended by chapter 415 of the laws of 2017, is amended to read as follows: 1. The rates, services and practices relating to the electricity generated by facilities owned or operated by the authority shall not be subject to the provisions of the public service law or to regulation by, or the jurisdiction of, the public service commission, except to the extent (a) article seven of the public service law applies to the siting and operation of a major utility transmission facility as defined there- in, (b) article ten of such law applies to the siting of a generating facility as defined therein, (c) section eighteen-a of such law provides for assessment for certain costs, property or operations, (d) to the extent that the department of public service reviews and makes recommen- dations with respect to the operations and provision of services of, and rates and budgets established by, the authority pursuant to section three-b of such law, [and] (e) that section seventy-four of the public service law applies to qualified energy storage systems within the authority's jurisdiction, AND (F) SUBDIVISIONS SIX, SEVEN, EIGHT, NINE AND TEN OF SECTION THIRTY-TWO OF THE PUBLIC SERVICE LAW. § 9. The general business law is amended by adding a new section 399- zzzzz, to read as follows: S. 2508 115 A. 3008 § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON- NECTIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA- BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, AND SHALL INCLUDE SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID- ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE BROADBAND SERVICE PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE PROVIDER NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. SUCH PERSONS OR ENTI- TIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED, AT THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE. 3. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE- MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW. 5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM RECOVERING LOST OR S. 2508 116 A. 3008 DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO SUCH MEANS FOR RECOVERY BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 10. This act shall take effect immediately; provided, however, that this act shall be applicable to relevant executive orders issued on or after the effective date of this act. PART PP Section 1. The general obligations law is amended by adding a new article 18-C to read as follows: ARTICLE 18-C LIBOR DISCONTINUANCE SECTION 18-400. DEFINITIONS. 18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS. 18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR. 18-403. SEVERABILITY. § 18-400. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE TO ANY PARTICULAR CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY SUCCESSOR THEREOF). 2. "LIBOR DISCONTINUANCE EVENT" SHALL MEAN THE EARLIEST TO OCCUR OF ANY OF THE FOLLOWING: A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED OR WILL CEASE TO PROVIDE LIBOR, PERMANENTLY OR INDEFINITELY, PROVIDED S. 2508 117 A. 3008 THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR; B. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR, THE UNITED STATES FEDERAL RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN- ISTRATOR FOR LIBOR, A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR INSOLVENCY OR RESOLUTION AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES THAT THE ADMINISTRATOR OF LIBOR HAS CEASED OR WILL CEASE TO PROVIDE LIBOR PERMANENTLY OR INDEFINITELY, PROVIDED THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR; OR C. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT LIBOR IS NO LONGER REPRESENTATIVE. 3. "LIBOR REPLACEMENT DATE" SHALL MEAN: A. IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE OF THE PUBLIC STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN; AND (II) THE DATE ON WHICH THE ADMINISTRATOR OF LIBOR PERMANENTLY OR INDEFINITELY CEASES TO PROVIDE LIBOR; AND B. IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE PUBLIC STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN. 4. "FALLBACK PROVISIONS" SHALL MEAN TERMS IN A CONTRACT, SECURITY OR INSTRUMENT THAT SET FORTH A METHODOLOGY OR PROCEDURE FOR DETERMINING A BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A BENCHMARK REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH METHOD- OLOGY OR PROCEDURE. 5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT. 6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A PRIOR SETTING OF LIBOR), TO REPLACE OR SUBSTITUTE FOR LIBOR OR ANY INTEREST RATE OR DIVIDEND RATE BASED ON LIBOR, WHETHER ON A TEMPORARY, PERMANENT OR INDEFINITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECU- RITY OR INSTRUMENT. 7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRUMENT, A BENCHMARK REPLACEMENT BASED ON SOFR, WHICH SHALL INCLUDE ANY RECOMMENDED SPREAD ADJUSTMENT AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT SHALL HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY WITH RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT. 8. "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY BE A POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED BENCH- MARK REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRU- MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI- TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT. 9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, ANY TECHNICAL, ADMINISTRATIVE OR OPERATIONAL CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE ASSOCIATED S. 2508 118 A. 3008 WITH AND REASONABLY NECESSARY TO THE USE, ADOPTION, CALCULATION OR IMPLEMENTATION OF A RECOMMENDED BENCHMARK REPLACEMENT AND THAT: A. HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY; AND B. IF, IN THE REASONABLE JUDGMENT OF THE CALCULATING PERSON, THE BENCHMARK REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED PURSU- ANT TO PARAGRAPH A OF THIS SUBDIVISION DO NOT APPLY TO SUCH CONTRACT, SECURITY OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION AND CALCULATION OF THE RECOMMENDED BENCHMARK REPLACEMENT, THEN BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES, ALTER- ATIONS OR MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF THE CALCU- LATING PERSON: (I) ARE NECESSARY TO PERMIT ADMINISTRATION AND CALCULATION OF THE RECOMMENDED BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT IN A MANNER CONSISTENT WITH MARKET PRACTICE FOR SUBSTANTIALLY SIMILAR CONTRACTS, SECURITIES OR INSTRUMENTS AND, TO THE EXTENT PRACTICABLE, THE MANNER IN WHICH SUCH CONTRACT, SECURITY OR INSTRUMENT WAS ADMINISTERED IMMEDIATELY PRIOR TO THE LIBOR REPLACEMENT DATE; AND (II) WOULD NOT RESULT IN A DISPOSITION OF SUCH CONTRACT, SECURITY OR INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES. 10. "DETERMINING PERSON" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY: A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO: (I) DETERMINE THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT ON THE LIBOR REPLACEMENT DATE, (II) CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER MEASUREMENT BASED ON A BENCHMARK, OR (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT. 11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD, THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM. 12. "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED OVERNIGHT FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW YORK, AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR ADMINISTRA- TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE. 13. "CALCULATING PERSON" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE A DETERMINING PERSON) RESPONSIBLE FOR CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT BASED ON A BENCHMARK. 14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA- TION, ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE, SECURITY (WHETHER REPRESENTING DEBT OR EQUITY, AND INCLUDING ANY INTEREST IN A CORPORATION, A PARTNERSHIP OR A LIMITED LIABILITY COMPANY), INSTRUMENT, OR OTHER OBLIGATION. § 18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS. 1. ON THE LIBOR REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL, BY OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI- TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND: A. CONTAINS NO FALLBACK PROVISIONS; OR B. CONTAINS FALLBACK PROVISIONS THAT RESULT IN A BENCHMARK REPLACE- MENT, OTHER THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS BASED IN ANY WAY ON ANY LIBOR VALUE. S. 2508 119 A. 3008 2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL- BACK PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE FOR A BENCHMARK REPLACEMENT BASED ON OR OTHERWISE INVOLVING A POLL, SURVEY OR INQUIRIES FOR QUOTES OR INFORMATION CONCERNING INTERBANK LENDING RATES OR ANY INTEREST RATE OR DIVIDEND RATE BASED ON LIBOR SHALL BE DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR INSTRUMENT AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT. 3. THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU- MENT THAT USES LIBOR AS A BENCHMARK AND CONTAINS FALLBACK PROVISIONS THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT: A. THAT IS BASED IN ANY WAY ON ANY LIBOR VALUE; OR B. WITH THE CHARACTERISTICS FOR WHICH THE RECOMMENDED BENCHMARK REPLACEMENT MAY BE SELECTED OR USED IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION 18-402 OF THIS ARTICLE. A DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH- MARK REPLACEMENT. SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE- MENT SHALL BE: (I) IRREVOCABLE; (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR THE LATEST DATE FOR SELECTING A BENCHMARK REPLACEMENT ACCORDING TO SUCH CONTRACT, SECURITY, OR INSTRUMENT; AND (III) USED IN ANY DETERMINATIONS OF THE BENCHMARK UNDER OR WITH RESPECT TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER THE LIBOR REPLACEMENT DATE. 4. IF A RECOMMENDED BENCHMARK REPLACEMENT BECOMES THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI- VISION ONE OR SUBDIVISION THREE OF THIS SECTION, THEN ALL BENCHMARK REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN ACCORDANCE WITH THE DEFINITION OF BENCHMARK REPLACEMENT CONFORMING CHANGES) TO SUCH RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF SUCH CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW. 5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR: A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE- LY OR PROSPECTIVELY, A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY REFERRING SPECIFICALLY TO THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION, "REQUISITE PARTIES" MEANS ALL PARTIES REQUIRED TO AMEND THE TERMS AND PROVISIONS OF A CONTRACT, SECURITY, OR INSTRUMENT THAT WOULD OTHERWISE BE ALTERED OR AFFECTED BY THIS ARTICLE; B. ANY CONTRACT, SECURITY OR INSTRUMENT THAT CONTAINS FALLBACK PROVISIONS THAT, AFTER THE APPLICATION OF SUBDIVISION TWO OF THIS SECTION WOULD RESULT IN A BENCHMARK REPLACEMENT THAT IS NOT BASED ON LIBOR, INCLUDING, BUT NOT LIMITED TO, THE PRIME RATE OR THE FEDERAL FUNDS RATE; C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION THREE OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A RECOMMENDED BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A RECOMMENDED BENCHMARK REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, EXCEPT THAT SUCH CONTRACT, SECURITY, OR INSTRUMENT SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR D. THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP, FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR HAD BEEN SUBJECT PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT. S. 2508 120 A. 3008 6. NOTWITHSTANDING THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW OF THIS STATE, THIS TITLE SHALL APPLY TO ALL CONTRACTS, SECURITIES AND INSTRUMENTS, INCLUDING CONTRACTS, WITH RESPECT TO COMMERCIAL TRANS- ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY ANY OTHER LAW OF THIS STATE. § 18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS A BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE: A. A COMMERCIALLY REASONABLE SUBSTITUTE FOR AND A COMMERCIALLY SUBSTANTIAL EQUIVALENT TO LIBOR; B. A REASONABLE, COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT; C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS SIMILAR OR COMPARABLE TO LIBOR; AND D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY RIGHT OR OBLIGATION UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT. 2. NONE OF: A. A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT DATE, B. THE USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS A BENCHMARK REPLACEMENT; OR C. THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL: (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A PAYMENT, OR AFFECT THE AMOUNT OR TIMING OF SUCH PAYMENT, UNDER ANY CONTRACT, SECURITY, OR INSTRUMENT; OR (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE UNDER ANY CONTRACT, SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE, INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER PROVISION IN ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO UNILATERALLY TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU- RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR INSTRUMENT; OR (D) VOIDING OR NULLIFYING ANY CONTRACT, SECURITY OR INSTRUMENT. 3. NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT OF OR RELATED TO THE USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETER- MINATION, IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, AND SUCH SELECTION OR USE OF THE RECOMMENDED BENCHMARK REPLACE- MENT OR THE IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL NOT GIVE RISE TO ANY CLAIM OR CAUSE OF ACTION BY ANY PERSON IN LAW OR IN EQUITY. 4. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETERMINATION, IMPLEMENTATION, OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL BE DEEMED TO: A. NOT BE AN AMENDMENT OR MODIFICATION OF ANY CONTRACT, SECURITY OR INSTRUMENT; AND B. NOT PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS OR OBLIGATIONS UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT. 5. EXCEPT AS PROVIDED IN EITHER SUBDIVISION ONE OR SUBDIVISION TWO OF SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL NOT BE INTERPRETED AS CREATING ANY NEGATIVE INFERENCE OR NEGATIVE PRESUMP- TION REGARDING THE VALIDITY OR ENFORCEABILITY OF ANY OF THE FOLLOWING IF AGREED TO BY THE PARTIES TO A CONTRACT: S. 2508 121 A. 3008 A. ANY BENCHMARK REPLACEMENT THAT IS NOT A RECOMMENDED REPLACEMENT BENCHMARK; B. ANY SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING A SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR C. ANY CHANGES, ALTERATIONS OR MODIFICATIONS TO OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT THAT ARE NOT BENCHMARK REPLACEMENT CONFORMING CHANGES. § 18-403. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR APPLICA- TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID- ITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE. § 2. This act shall take effect immediately. PART QQ Section 1. The general business law is amended by adding a new section 399-zzzzz to read as follows: § 399-ZZZZZ. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERA- TION OF THE COMMUNICATIONS SERVICE, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL, NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OFFER HIGH SPEED BROADBAND SERVICE TO LOW-INCOME CONSUMERS WHOSE HOUSEHOLD: (A) IS ELIGIBLE FOR FREE OR REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM; OR (B) WHOSE ANNUAL GROSS HOUSEHOLD INCOME IS NOT IN EXCESS OF ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDE- LINES AS UPDATED PERIODICALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42 U.S.C. § 9902(2). SUCH LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A MINIMUM DOWNLOAD SPEED EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS PER SECOND DOWNLOAD SPEED OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING LOW-INCOME BROADBAND SERVICE SOLD TO CUSTOMERS IN THE STATE. 3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET FORTH IN THIS SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER MONTH, INCLUSIVE OF ANY RECURRING TAXES AND FEES SUCH AS RECURRING RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND SERVICE AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN- COME BROADBAND SERVICE SUBSCRIBERS TO PURCHASE STANDALONE OR BUNDLED CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY, ONCE EVERY FIVE YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE. 4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI- TY OF BROADBAND SERVICE FOR LOW-INCOME CONSUMERS INCLUDING, BUT NOT LIMITED TO, THE PROMINENT DISPLAY OF, AND ENROLLMENT PROCEDURES FOR, SUCH SERVICE ON ITS WEBSITE AND IN ANY WRITTEN AND COMMERCIAL PROMO- S. 2508 122 A. 3008 TIONAL MATERIALS DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR SERVICE PURSUANT TO THIS SECTION. 5. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL ANNUALLY SUBMIT TO THE DEPARTMENT OF PUBLIC SERVICE, NO LATER THAN NOVEMBER FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER, A COMPLIANCE REPORT SETTING FORTH: (A) A DESCRIPTION OF THE SERVICE OFFERED PURSUANT TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI- FY THE ELIGIBILITY OF CUSTOMERS RECEIVING SUCH SERVICE; (D) A DESCRIPTION AND SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER- TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E) A DESCRIPTION OF ALL RETAIL RATE PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI- NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION, INCLUDING SPEED AND PRICE, OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK; AND (G) SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC SERVICE MAY REQUIRE. 6. THE DEPARTMENT OF PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER, UNDERTAKE A PROCEEDING TO DETERMINE IF THE MINIMUM BROADBAND DOWNLOAD SPEED IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO ANOTHER MINIMUM BROADBAND DOWNLOAD SPEED IF THE FEDERAL COMMUNICATIONS COMMISSION HAS NOT INCREASED ITS BENCHMARK BY SUCH DATE. THE DEPARTMENT OF PUBLIC SERVICE SHALL ALSO: (A) UNDERTAKE APPROPRIATE MEASURES TO INFORM THE PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY, BUT NO LESS THAN ONCE EVERY FIVE YEARS, REVIEW ELIGIBILITY REQUIREMENTS FOR THE LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION, AND UPDATE SUCH REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS. 7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 2. This act shall take effect immediately. PART RR Section 1. Section 1678 of the public authorities law is amended by adding a new subdivision 30 to read as follows: S. 2508 123 A. 3008 30. (A) TO ENTER INTO LOANS WITH, AND TO PROVIDE SERVICES RELATED TO PLANNING, DESIGN, CONSTRUCTION, RENOVATION, RECONSTRUCTION, FURNISHING OR EQUIPPING TO, ANY SCHOOL DISTRICT, NOT-FOR-PROFIT CORPORATION OR GROUP OF NOT-FOR-PROFIT CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE WITH AN AGGREGATE COST OF NOT LESS THAN FIVE MILLION DOLLARS. (B) TO ENTER INTO LOANS WITH ANY SCHOOL DISTRICT OR NOT-FOR-PROFIT CORPORATION TO FUND THEIR WORKING CAPITAL NEEDS, PROVIDED SUCH LOANS HAVE BEEN PRESENTED TO THE AUTHORITY'S BOARD DURING THE COVID-19 STATE OF EMERGENCY. (C) FOR THE PURPOSES OF THIS SUBDIVISION: (I) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN A DOMESTIC OR FOREIGN CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW. (II) "SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT LOCATED IN THE STATE OF NEW YORK. (III) "WORKING CAPITAL" SHALL MEAN FUNDS USED TO PAY OPERATIONAL EXPENSES, INCLUDING BUT NOT LIMITED TO, SALARIES, ACCOUNTS PAYABLE, PURCHASING INVENTORY AND OTHER OPERATIONAL OBLIGATIONS. (IV) "COVID-19 STATE OF EMERGENCY" SHALL MEAN THE PERIOD IN WHICH EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, IS IN EFFECT TO ADDRESS THE OUTBREAK OF THE NOVEL CORONAVIRUS, COVID-19. § 2. Nothing in this act is intended to limit, impair, or affect the legal authority of the dormitory authority of the state of New York under any other provision of law. § 3. This act shall take effect immediately. PART SS Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of chapter 392 of the laws of 1973 constituting the New York State Medical Care Facilities Finance Agency act, as amended by chapter 183 of the laws of 2018, is amended to read as follows: (b) The agency shall not issue hospital and nursing home project bonds and hospital and nursing home project notes in an aggregate principal amount exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred million dollars, excluding hospital and nursing home project bonds and hospital and nursing home project notes issued to refund outstanding hospital and nursing home projects bonds and hospital and nursing home project notes; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obli- gations may be greater than [sixteen] SEVENTEEN billion [six] FOUR hundred million dollars only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obli- gations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations S. 2508 124 A. 3008 and to the price bid including estimated accrued interest or proceeds received by the agency including estimated accrued interest from the sale thereof. The agency shall not issue hospital and nursing home project bonds at any time secured by the hospital and nursing home capi- tal reserve fund if upon issuance, the amount in the hospital and nurs- ing home capital reserve fund will be less than the hospital and nursing home capital reserve fund requirement, unless the agency, at the time of issuance of such bonds, shall deposit in such reserve fund from the proceeds of the bonds so to be issued, or otherwise, an amount which together with the amount then in such reserve fund, will be not less than the hospital and nursing home capital reserve fund requirement. § 2. This act shall take effect immediately. PART TT Section 1. This act enacts into law components of legislation relating to the pandemic recovery and restart program. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. The economic development law is amended by adding a new article 24 to read as follows: ARTICLE 24 SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM SECTION 460. SHORT TITLE. 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 462. DEFINITIONS. 463. ELIGIBILITY CRITERIA. 464. APPLICATION AND APPROVAL PROCESS. 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 466. POWERS AND DUTIES OF THE COMMISSIONER. 467. MAINTENANCE OF RECORDS. 468. REPORTING. 469. CAP ON TAX CREDIT. § 460. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT". § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO CREATE FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS- TRIES THAT HAVE SUFFERED ECONOMIC HARM AS A RESULT OF THE COVID-19 PANDEMIC TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI- NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCENTIVES TO ECONOMICALLY HARMED SMALL BUSINESSES TO OFFER RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES. § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: S. 2508 125 A. 3008 1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS. 2. "ARTS, ENTERTAINMENT, AND RECREATION SECTOR" MEANS ESTABLISHMENTS THAT OPERATE FACILITIES OR PROVIDE SERVICES TO MEET VARIED CULTURAL, ENTERTAINMENT, AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS SECTOR COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING, OR PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED FOR PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND SITES OF HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND (C) ESTAB- LISHMENTS THAT OPERATE FACILITIES OR PROVIDE SERVICES THAT ENABLE PATRONS TO PARTICIPATE IN RECREATIONAL ACTIVITIES OR PURSUE AMUSEMENT, HOBBY, AND LEISURE-TIME INTERESTS. 3. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A GIVEN PERIOD. 4. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN- TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 5. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN- TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE. 7. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN ONE OF THE FOLLOWING BUSINESS SECTORS: (A) ACCOMMODATIONS; OR (B) ARTS, ENTERTAINMENT, AND RECREATION. 10. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL- TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOY- MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY. § 463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST: (A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER AND HAVE FEWER THAN ONE HUNDRED FULL-TIME JOB EQUIV- ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE; (B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS- SION AND/OR ACCEPTS PAYMENT FOR GOODS AND/OR SERVICES FROM IN-PERSON CUSTOMERS; (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI- VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED, HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE INDUSTRIES AS INELIGIBLE; (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER- GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN S. 2508 126 A. 3008 AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT; AND (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE. 2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER- GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY- ING WITH AN APPROVED BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY. § 464. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; (E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND (F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. § 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI- VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE. 2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FORTY-FIVE, SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. § 466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL- ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN S. 2508 127 A. 3008 SECTION FOUR HUNDRED SIXTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE. § 467. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS. § 468. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED IN REGULATIONS BY THE COMMISSIONER. § 469. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS. § 2. The tax law is amended by adding a new section 45 to read as follows: § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED- IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR HUNDRED SIXTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU- LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP- TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE: (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM; S. 2508 128 A. 3008 (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND (3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR- MATION LAW. (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55; (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK). § 3. Section 210-B of the tax law is amended by adding a new subdivi- sion 55 to read as follows: 55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. § 4. Section 606 of the tax law is amended by adding a new subsection (kkk) to read as follows: (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED- IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlvi) to read as follows: (XLVI) SMALL BUSINESS AMOUNT OF CREDIT UNDER RETURN-TO-WORK TAX SUBDIVISION FIFTY-FIVE CREDIT OF SECTION TWO HUNDRED TEN-B S. 2508 129 A. 3008 § 6. This act shall take effect immediately. SUBPART B Section 1. The economic development law is amended by adding a new article 25 to read as follows: ARTICLE 25 RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM SECTION 470. SHORT TITLE. 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 472. DEFINITIONS. 473. ELIGIBILITY CRITERIA. 474. APPLICATION AND APPROVAL PROCESS. 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 476. POWERS AND DUTIES OF THE COMMISSIONER. 477. MAINTENANCE OF RECORDS. 478. REPORTING. 479. CAP ON TAX CREDIT. § 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT". § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO CREATE FINANCIAL INCENTIVES FOR RESTAURANTS THAT HAVE SUFFERED ECONOMIC HARM AS A RESULT OF THE COVID-19 PANDEMIC TO EXPE- DITIOUSLY REHIRE WORKERS AND INCREASE TOTAL EMPLOYMENT. THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN- TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES. § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A GIVEN PERIOD. 2. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN- TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN- TY-ONE, AND EITHER AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI- NESS ENTITY CHOOSES TO USE. 4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE. 5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM- IC DEVELOPMENT. 6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR. S. 2508 130 A. 3008 8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOYMENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY. 9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS: (A) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED INSIDE THE CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR DINING FOR OVER SIX MONTHS AND ARE PRIMARILY ORGANIZED TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMPTION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER DEFINED IN REGU- LATIONS PURSUANT TO THIS ARTICLE; AND (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED BY THE DEPARTMENT OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON INDOOR DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP- TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE. § 473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST: (A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER AND HAVE FEWER THAN ONE HUNDRED FULL-TIME JOB EQUIV- ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE; (B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR BEVERAGES INCLUDING FROM IN-PERSON CUSTOMERS; (C) OPERATE PREDOMINANTLY IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR; PROVIDED, HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE; (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER- GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT; AND (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE. 2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY- ING WITH AN APPROVED BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY. § 474. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY S. 2508 131 A. 3008 INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; (E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND (F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. § 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGI- BILITY REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTI- CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDIVI- SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE. 2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTIONS FORTY-SIX, SUBDIVISION FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (LLL) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. § 476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL- ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE. § 477. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS. § 478. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED IN REGULATIONS BY THE COMMISSIONER. S. 2508 132 A. 3008 § 479. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS. § 2. The tax law is amended by adding a new section 46 to read as follows: § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP- TER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU- LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL- ITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY- ER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (2) TAXPAYERS WHO CHOOSE TO USE AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING FULL-TIME EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER THIS SECTION. A TAXPAYER MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF- ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO A PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST BE SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR THOSE TAXPAYERS WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT, THE COMMISSIONER SHALL ADVANCE A PAYMENT OF THE TAX CREDIT ALLOWED TO THE TAXPAYER. HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO ARTICLE NINE-A OF THIS CHAPTER, SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO THE TAXPAYER LESS TWENTY-FIVE DOLLARS. SUCH TWENTY-FIVE DOLLARS SHALL REPRESENT A PARTIAL PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS CHAPTER. WHEN A TAXPAYER FILES ITS RETURN FOR THE TAXABLE YEAR, SUCH TAXPAYER SHALL PROPERLY RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN. S. 2508 133 A. 3008 (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP- TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE: (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT RETURN-TO- WORK TAX CREDIT PROGRAM; (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND (3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR- MATION LAW. (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56; (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL). § 3. Section 210-B of the tax law is amended by adding a new subdivi- sion 56 to read as follows: 56. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. § 4. Section 606 of the tax law is amended by adding a new subsection (lll) to read as follows: (LLL) RESTAURANT RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI- CLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. S. 2508 134 A. 3008 § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlvii) to read as follows: (XLVII) RESTAURANT RETURN-TO-WORK AMOUNT OF CREDIT UNDER TAX CREDIT SUBDIVISION FIFTY-SIX OF SECTION TWO HUNDRED TEN-B § 6. This act shall take effect immediately. SUBPART C Section 1. The tax law is amended by adding a new section 24-c to read as follows: § 24-C. NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A) (1) ALLOWANCE OF CREDIT. A TAXPAYER THAT IS A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR OF OR A MEMBER OF A PARTNERSHIP THAT IS A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERRED TO IN SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN THIS SECTION. (2) THE AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION EXPENDITURES PAID FOR DURING THE QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION'S CREDIT PERIOD. PROVIDED HOWEVER THAT THE AMOUNT OF THE CREDIT CANNOT EXCEED FIVE HUNDRED THOUSAND DOLLARS PER QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY. (3) NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS THE BASIS FOR THE ALLOWANCE OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION OR USED IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM ANY OTHER CREDIT ALLOWED PURSUANT TO THIS CHAPTER. (B) DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "QUALIFIED MUSICAL AND THEATRICAL PRODUCTION" MEANS A FOR-PROFIT LIVE, DRAMATIC STAGE PRESENTATION THAT, IN ITS ORIGINAL OR ADAPTIVE VERSION, IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, WHETHER OR NOT SUCH PRODUCTION WAS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND TWENTY. (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY COSTS FOR TANGIBLE PROPERTY USED AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE PRODUCTION OF A QUALIFIED MUSICAL AND THEATRICAL PRODUCTION WITHIN THE CITY OF NEW YORK, INCLUDING: (I) EXPENDITURES FOR DESIGN, CONSTRUCTION AND OPERATION, INCLUDING SETS, SPECIAL AND VISUAL EFFECTS, COSTUMES, WARDROBES, MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT- ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED OF WHICH THE TOTAL ALLOWABLE EXPENSE SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER WEEK; AND (III) TECHNICAL AND CREW PRODUCTION COSTS, SUCH AS EXPENDI- TURES FOR A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, OR ANY PART THEREOF, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIPMENT USED FOR SPECIAL AND VISUAL EFFECTS, SOUND RECORDING, SET CONSTRUCTION, AND LIGHTING. QUALIFIED PRODUCTION EXPENDITURE DOES NOT INCLUDE ANY COSTS INCURRED PRIOR TO MARCH THIRTEENTH, TWO THOUSAND TWENTY. S. 2508 135 A. 3008 (3) "QUALIFIED NEW YORK CITY PRODUCTION FACILITY" MEANS A FACILITY LOCATED WITHIN THE CITY OF NEW YORK (I) IN WHICH LIVE THEATRICAL PRODUCTIONS ARE OR ARE INTENDED TO BE PRIMARILY PRESENTED, (II) THAT CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR MORE SEATS, AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES NECESSARY FOR THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION, AND (III) FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES CONSTITUTE SEVENTY-FIVE PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILITY. (4) "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPA- NY" IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY OR INDIVIDUAL WHICH OR WHO (I) IS PRINCIPALLY ENGAGED IN THE PRODUCTION OF A QUALIFIED MUSICAL OR THEATRICAL PRODUCTION THAT IS TO BE PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, AND (II) HAS EXPENDED AT LEAST ONE MILLION DOLLARS IN QUALIFIED PRODUCTION EXPENDITURES ON THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION AT THE TIME OF ITS APPLICA- TION TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A TAX CREDIT CERTIF- ICATE AUTHORIZED UNDER THIS SECTION. (5) (I) "THE CREDIT PERIOD OF A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY" IS THE PERIOD STARTING ON THE PRODUCTION START DATE AND ENDING ON THE EARLIER OF DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY-ONE OR THE DATE THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION CLOSES. (II) "THE PRODUCTION START DATE" IS THE DATE THAT IS SIX WEEKS PRIOR TO THE FIRST PERFORMANCE OF THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION. (C) THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE BUT BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-TWO. (D) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57; (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM). (E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, (I) EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION REGARDING THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO ARE CLAIMING CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR CERTIFICATION SUBMITTED TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND (II) THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP- MENT MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY. (F) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED UNDER THIS SECTION, SUBDIVISION FIFTY-SEVEN OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (MMM) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER SHALL BE TWENTY-FIVE MILLION DOLLARS. SUCH AGGREGATE AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE DATE OF FILING AN APPLICATION FOR ALLOCATION OF THE NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT WITH SUCH DEPARTMENT. (2) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AFTER CONSULTING WITH THE COMMISSIONER, SHALL PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR THE ALLOCATION OF TAX CREDITS AS REQUIRED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING THE APPLICA- S. 2508 136 A. 3008 TION PROCESS, THE DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS THAT WILL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION THAT WILL BE PROVIDED BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT THE AMOUNT OF QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRIATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS. (G) ANY QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY THAT PERFORMS IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO: (1) PARTICIPATE IN A NEW YORK STATE DIVERSITY AND ARTS JOB TRAINING PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR PRODUCTION IS AVAILABLE AND ACCESSIBLE FOR LOW-OR NO-COST TO LOW INCOME NEW YORK- ERS; AND (3) CONTRIBUTE TO THE NEW YORK STATE COUNCIL ON THE ARTS, CULTURAL PROGRAM FUND AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL CREDITS RECEIVED IF SUCH PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED PERCENT OF ITS PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A MONTHLY BASIS, UP UNTIL SUCH FIFTY PERCENT OF THE TOTAL CREDIT AMOUNT IS REACHED. ANY FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS AND CULTURAL EDUCATIONAL AND WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND COMMUNITY-BASED ORGANIZATIONS. § 2. Section 210-B of the tax law is amended by adding a new subdivi- sion 57 to read as follows: 57. NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON. § 3. Section 606 of the tax law is amended by adding a new subsection (mmm) to read as follows: (MMM) NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlviii) to read as follows: S. 2508 137 A. 3008 (XLVIII) NEW YORK CITY MUSICAL AMOUNT OF CREDIT UNDER AND THEATRICAL PRODUCTION SUBDIVISION FIFTY-SEVEN OF TAX CREDIT SECTION TWO HUNDRED TEN-B § 5. The state finance law is amended by adding a new section 99-ii to read as follows: § 99-II. NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE ARTS AND CULTURAL PROGRAM FUND". 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE STATE, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. ON OR BEFORE THE FIRST DAY OF FEBRUARY TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER OF EDUCATION SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE: (A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (B) RECIPIENTS OF AWARDS FROM THE FUND; (C) THE AMOUNT AWARDED TO EACH; (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI- MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED- ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR. 4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCATION. 5. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE PURPOSE OF SUPPLEMENTING ART AND CULTURAL PROGRAMS FOR SECONDARY AND ELEMENTARY CHILDREN, INCLUDING PROGRAMS THAT INCREASE ACCESS TO ART AND CULTURAL PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES. § 6. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, S. 2508 138 A. 3008 impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through TT of this act shall be as specifically set forth in the last section of such Parts.
2021-S2508A - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2508A - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M)
2021-S2508A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2508--A A. 3008--A S E N A T E - A S S E M B L Y January 20, 2021 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the general business law, in relation to penalties for commercial vehicles on parkways and penalties for overheight vehicles and to preventing bridge strikes (Part A); to amend the penal law and the vehicle and traffic law, in relation to transportation worker safety (Subpart A); to amend the vehicle and traffic law and the highway law, in relation to highway clearance (Subpart B); to amend the vehicle and traffic law, in relation to increased fines for injury to pedestrians (Subpart C); and to amend the vehicle and traffic law, in relation to work zone safety and outreach (Subpart D) (Part B); to amend the public authorities law, in relation to electronic bidding (Part C); to amend the public authorities law, in relation to the minimum amount for a procurement contract (Part D); to amend the penal law, in relation to including the intentional use of any toll highway, parkway, road, bridge or tunnel or entry into or remaining in a tolled central business district without payment of the lawful toll or charge as a theft of services; and to amend the vehicle and traffic law, in relation to the penalty imposed upon the operator of a vehicle with an altered or obscured license plate while on a toll highway, bridge or tunnel (Part E); to amend the public authorities law, in relation to procurements conducted by the New York City transit authority and the metropolitan transportation authority; to amend part OO of chapter 54 of the laws of 2016, amending the public authorities law relating to procurements by the New York City transit authority and the metropolitan transpor- tation authority, in relation to the effectiveness thereof; and to repeal certain provisions of the public authorities law relating ther- eto (Part F); to amend the public authorities law, in relation to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-02-1 S. 2508--A 2 A. 3008--A metropolitan transportation authority capital projects and utility relocations (Part G); to amend the public authorities law, in relation to the use and occupancy of streets for transportation projects (Part H); to amend the penal law, in relation to assaulting or harassing certain employees of a transit agency or authority (Part I); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part J); to amend the urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); to amend the multiple dwelling law, in relation to temporary rules for certain multiple dwelling units used as joint living-work quarters; and providing for the repeal of such provisions upon expiration thereof (Part L); to amend section 3 of part S of chapter 58 of the laws of 2016, relating to trans- ferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, in relation to the effectiveness thereof (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expe- dited service, in relation to the effectiveness thereof (Part N); to amend the business corporation law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law and the real property law, in relation to service of process (Part O); to amend the executive law, in relation to authoriz- ing remote notarization (Part P); to amend the environmental conserva- tion law, the executive law, and the public service law, in relation to making technical amendments related to the office of renewable energy siting (Part Q); in relation to the eligibility of certain renewable energy credits for purposes of compliance with local build- ing emissions requirements; and providing for the repeal of such provisions upon the expiration thereof (Part R); to amend the public authorities law, in relation to powers of the New York convention center operating corporation (Part S); to amend part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restruc- turing bonds to refinance the outstanding debt of the Long Island power authority, in relation to the utility debt securitization authority; and in relation to permitting the issuance of securitized restructuring bonds to finance system resiliency costs (Part T); to amend the economic development law, in relation to recharge New York power for eligible small businesses and not-for-profit corporations (Part U); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing the power authority of the state of New York to form a pure captive insurance company (Part V); to authorize the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); to amend the environmental conservation law and the state finance law, in relation to hunting; and to repeal certain provisions of the environmental conservation law relating thereto (Part X); to amend the environmental S. 2508--A 3 A. 3008--A conservation law, in relation to prohibiting plastic carryout bags (Part Y); to authorize the county of Nassau, to permanently and tempo- rarily convey certain easements and to temporarily alienate certain parklands (Subpart A); to authorize the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands (Subpart B); and to authorize the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporar- ily alienate certain parklands (Subpart C) (Part Z); to amend the tax law, in relation to extending certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); to authorize the grant of certain easements to AlleCatt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest in the county of Allegany; and providing for the repeal of such provisions upon the expiration thereof (Part BB); to amend chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", in relation to the effectiveness thereof (Part CC); in relation to establishing the "rail advantaged housing act" (Part DD); to amend the public authorities law, in relation to the clean energy resources development and incentives program (Part EE); to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; and to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assistance fee (Part FF); to amend the vehicle and traffic law, in relation to requiring persons to use one hand while operating a motor vehicle, unless such vehicle is engaged to perform steering function; and to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the required submission of a report on the demonstrations and tests of motor vehicles equipped with autonomous vehicle technolo- gy; and in relation to the effectiveness thereof (Part GG); to amend the vehicle and traffic law and the state finance law, in relation to temporarily requiring the department of motor vehicles to collect a one dollar convenience fee for modernization of information technology used by the department; and providing for the repeal of such provisions upon expiration thereof (Part HH); to amend chapter 58 of the laws of 2012, amending the public health law, relating to author- izing the dormitory authority to enter into certain design and construction management agreements, in relation to the effectiveness thereof (Part II); to amend the insurance law, in relation to unau- thorized providers of health services; and to authorize the super- intendent of financial services to convene a motor vehicle insurance task force to examine alternatives to the no-fault insurance system and deliver a report relating thereto (Part JJ); to repeal section 410 of the economic development law; and to amend the public authorities law, in relation to authorizing the department of economic development to designate centers for advanced technology program (Part KK); to amend the banking law, in relation to the forbearance of residential mortgage payments (Part LL); establishing the COVID-19 emergency eviction and foreclosure prevention for tenants and owners of commer- cial real property act of 2021; relating to a temporary stay of eviction proceedings of commercial tenants; and providing for the repeal of certain provisions upon expiration thereof (Subpart A); and S. 2508--A 4 A. 3008--A relating to a temporary stay of mortgage foreclosure proceedings for commercial or multi-family real property; and providing for the repeal of certain provisions upon expiration thereof (Subpart B)(Part MM); to amend subpart H of part C of chapter 20 of the laws of 2015, appropri- ating money for certain municipal corporations and school districts, in relation to funding to local government entities from the urban development corporation (Part NN); to amend chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termination of services during periods of pandemics and/or state of emergencies, in relation to making such provisions permanent; to amend the public service law, the public authorities law and the general business law, in relation to issuing a moratorium on utility termination of services; and providing for the repeal of certain provisions of the public service law relating thereto (Part OO); to amend the general obligations law, in relation to the discontinuance of the London interbank offered rate (Part PP); to amend the general business law, in relation to broadband service for low-income consum- ers (Part QQ); to amend the public authorities law, in relation to authorizing the dormitory authority of the state of New York to enter into certain loans (Part RR); to amend the New York state medical care facilities finance agency act, in relation to the ability to issue certain bonds and notes (Part SS); to amend the economic development law and the tax law, in relation to establishing the small business return-to-work tax credit program (Subpart A); to amend the economic development law and the tax law, in relation to establishing the restaurant return-to-work tax credit program (Subpart B); and to amend the tax law and the state finance law, in relation to establishing the New York city musical and theatrical production tax credit (Subpart C) (Part TT); relating to the merger of the College Retirement Equities Fund and the Teachers Insurance and Annuity Association of America; and to repeal chapter 124 of the laws of 1952 relating to the charter of the college retirement equities fund (Part UU); to amend the public authorities law, the canal law and the economic development law in relation to enacting the New York state canal system revitalization act; and to repeal article 13-A of the canal law relating to the canal recreationway commission and section 57 of the canal law relating to special conditions for leases entered prior to approval of the canal recreationway plan (Part VV); and to authorize utility and cable tele- vision assessments that provide funds to the department of health from cable tele-vision assessment revenues and to the department of agri- culture and markets, department of environmental conservation, depart- ment of state, and the office of parks, recreation and historic pres- ervation from utility assessment revenues (Part WW) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through XX. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of S. 2508--A 5 A. 3008--A 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. Subdivisions (h) and (i) of section 1800 of the vehicle and traffic law, as amended by section 1 of part B of chapter 58 of the laws of 2020, are amended to read as follows: (h) Notwithstanding the provisions of subdivisions (b) and (c) of this section, a person convicted of a traffic infraction for a violation of any ordinance, order, rule, regulation or local law adopted pursuant to one or more of the following provisions of this chapter: paragraphs two and nine of subdivision (a) of section sixteen hundred twenty-one; subdivision three of section sixteen hundred thirty; or subdivision five of section seventy-one of the transportation law, prohibiting the opera- tion on a highway or parkway of a motor vehicle registered as a commer- cial vehicle and having a gross vehicle weight rating of at least ten thousand pounds but no more than twenty-six thousand pounds shall, for a first conviction thereof, be punished by a fine of not more than [three hundred fifty] ONE THOUSAND dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [seven] ONE THOUSAND FIVE hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [one] TWO thousand FIVE HUNDRED dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment; provided, however, the provisions of this subdi- vision shall not apply to a commercial motor vehicle as such term is defined in paragraph (a) of subdivision four of section five hundred one-a of this chapter. (i) Notwithstanding the provisions of subdivisions (b) and (c) of this section, a person convicted of a traffic infraction for a violation of any ordinance, order, rule, regulation or local law adopted pursuant to one or more of the following provisions of this chapter: paragraphs two and nine of subdivision (a) of section sixteen hundred twenty-one; subdivision three of section sixteen hundred thirty; or subdivision five of section seventy-one of the transportation law, prohibiting the opera- tion on a highway or parkway of a commercial motor vehicle as defined in paragraph (a) of subdivision four of section five hundred one-a of this chapter, for a first conviction thereof, be punished by a fine of not more than [seven hundred] FIVE THOUSAND dollars or by imprisonment of not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [one] SEVEN thousand five hundred dollars or by imprison- ment for not more than forty-five days or by both such fine and impri- sonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than [two] TEN thousand dollars or by imprisonment of not more than ninety days or by both such fine and imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI- S. 2508--A 6 A. 3008--A SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS IN CHARGE OF THE OWNER OR HIS AGENT. THE PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN. § 2. Subdivision 18-a of section 385 of the vehicle and traffic law, as added by section 2 of part B of chapter 58 of the laws of 2020, is amended to read as follows: 18-a. A violation of the provisions of [subdivisions] SUBDIVISION two or fourteen of this section, where the violation relates to the height of the vehicle, including a violation related to the operation, within a city not wholly included within one county, of a vehicle which exceeds the limitations provided for in the rules and regulations of the city department of transportation of such city, shall be punishable by a fine of not more than [one] FIVE thousand dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment, for the first offense; by a fine of not more than [two] SEVEN thousand FIVE HUNDRED dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, for the second or subsequent offense; provided that a sentence or execution thereof for any violation under this subdivision may not be suspended. For any violation of the provisions of [subdivisions] SUBDIVISION two or fourteen of this section where the violation relates to the height of the vehicle, including a violation related to the operation, within a city not wholly included within one county, of a vehicle which exceeds the limitations provided for in the rules and regulations of the city department of transporta- tion of such city, the registration of the vehicle may be suspended for a period not to exceed one year whether at the time of the violation the vehicle was in charge of the owner or his agent. The provisions of section five hundred ten of this chapter shall apply to such suspension except as otherwise provided herein. § 3. Subdivision 54 of section 375 of the vehicle and traffic law, as added by chapter 11 of the laws of 2020, is amended to read as follows: 54. Stretch limousine AND COMMERCIAL MOTOR VEHICLE commercial GPS. (a) Every stretch limousine AND COMMERCIAL MOTOR VEHICLE registered in this state shall be equipped with commercial global positioning system (GPS) technology within no later than one year of the date upon which the national highway traffic safety administration promulgates final regu- lations establishing standards for commercial GPS. (b) It shall be unlawful to operate or cause to be operated a stretch limousine OR COMMERCIAL MOTOR VEHICLE registered in this state on any public highway or private road open to public motor vehicle traffic unless such stretch limousine OR COMMERCIAL MOTOR VEHICLE is equipped with commercial global positioning system (GPS) technology as required by this subdivision and such commercial global positioning system (GPS) technology is used. The presence in such stretch limousine OR COMMERCIAL MOTOR VEHICLE of commercial global positioning system (GPS) technology connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such stretch limousine OR COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any credi- ble and reliable evidence which tends to show that such commercial global positioning system (GPS) technology was not in use. (c) For the purposes of this subdivision: (i) "Stretch limousine" shall mean an altered motor vehicle having a seating capacity of nine or more passengers, including the driver, S. 2508--A 7 A. 3008--A commonly referred to as a "stretch limousine" and which is used in the business of transporting passengers for compensation; [and] (ii) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA- TION OF VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT PROPERTY OR PERSONS AND SHALL INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED POUNDS; AND (III) "Commercial global positioning system (GPS) technology" shall mean global positioning system (GPS) technology which has been specif- ically designed to assist in the navigation of commercial motor vehi- cles. § 4. The vehicle and traffic law is amended by adding a new section 509-vv to read as follows: § 509-VV. THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS. ONE YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR COMMERCIAL MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY COMMERCIAL VEHICLE, IS PROHIBITED. FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSITIONING SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH HAS NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES. § 5. The vehicle and traffic law is amended by adding a new section 509-vvv to read as follows: § 509-VVV. PARKWAYS NOTIFICATION. COMMERCIAL CARRIERS MUST NOTIFY, IN WRITING, ALL COMMERCIAL DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS. § 6. The vehicle and traffic law is amended by adding a new section 509-ii to read as follows: § 509-II. THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS. ONE YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS) BY ANY BUS DRIVER OR MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS PROHIBITED. FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSI- TIONING SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH HAS NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES. § 7. The vehicle and traffic law is amended by adding a new section 509-iii to read as follows: § 509-III. PARKWAYS NOTIFICATION. MOTOR CARRIERS MUST NOTIFY, IN WRIT- ING, ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST OPERAT- ING COMMERCIAL MOTOR VEHICLES ON PARKWAYS. § 8. The general business law is amended by adding a new section 396- zz to read as follows: § 396-ZZ. COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF PARKWAY PROHIBI- TIONS. (A) ALL RENTAL VEHICLE COMPANIES, AS DEFINED IN SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR- IZED DRIVERS OR RENTERS, AS DEFINED IN SECTION THREE HUNDRED NINETY-SIX-Z OF THIS ARTICLE, OF THE PROHIBITION AGAINST COMMERCIAL MOTOR VEHICLES OPERATING ON PARKWAYS FOR ANY RENTALS OR LEASES OF COMMERCIAL MOTOR VEHICLES. FOR PURPOSES OF THIS SECTION "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINATION OF VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN TEN THOUSAND S. 2508--A 8 A. 3008--A POUNDS USED TO TRANSPORT PROPERTY OR PERSONS AND SHALL INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED POUNDS. (B) A CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS. § 9. Severability. If any clause, sentence, subdivision, paragraph, section or part of this act be adjudged by any court of competent juris- diction to be invalid, or if any federal agency determines in writing that this act would render New York state ineligible for the receipt of federal funds, such judgment or written determination shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which such judgment or written determination shall have been rendered. § 10. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that this act shall be deemed repealed if any federal agency determines in writing that this act would render New York state ineligible for the receipt of federal funds or any court of competent jurisdiction finally determines that this act would render New York state out of compliance with federal law or regulation; and provided further that for sections four and six of this act, the commissioner of transportation shall notify the legisla- tive bill drafting commission upon the occurrence of the provisions of sections four and six of this act, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of sections four and six of this act on its effective date are author- ized to be made and completed on or before such effective date. PART B Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the safety of trans- portation workers, pedestrians, and the traveling public. Each component is wholly contained within a Subpart identified as Subparts A through D. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi- vision 11 as separately amended by chapters 268 and 281 of the laws of 2016, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, prosecu- tor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health S. 2508--A 9 A. 3008--A sanitarian, New York city public health sanitarian, sanitation enforce- ment agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician admin- istering first aid in the course of performance of duty as such fire- fighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emer- gency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART- MENT, or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal proce- dure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforce- ment agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART- MENT, or employee of an entity governed by the public service law, he or she causes physical injury to such peace officer, police officer, prose- cutor as defined in subdivision thirty-one of section 1.20 of the crimi- nal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee of an entity governed by the public service law; or 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforce- ment agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH- TEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B S. 2508--A 10 A. 3008--A OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS- ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emergency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traf- fic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS- ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, including the cleaning of a train or bus station or terminal, or such city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC- TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician is performing an assigned duty; or § 2. The penal law is amended by adding a new section 120.19 to read as follows: § 120.19 MENACING A HIGHWAY WORKER. A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN- TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR OF DEATH, IMMINENT SERIOUS PHYSICAL INJURY OR PHYSICAL INJURY. FOR PURPOSES OF THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW. MENACING A HIGHWAY WORKER IS A CLASS E FELONY. § 3. The vehicle and traffic law is amended by adding two new sections 118-a and 118-b to read as follows: § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE STATE, A COUNTY, CITY, TOWN OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, INCLUDING MAINTENANCE, REPAIR, FLAGGING, UTILITY WORK, CONSTRUCTION, RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC- TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO S. 2508--A 11 A. 3008--A INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS ARTICLE. § 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES- TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of section 510 of the vehicle and traffic law, as added by section 1 of part B of chapter 55 of the laws of 2014, are amended to read as follows: (xii) of a second or subsequent conviction of a violation of section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a probationary license, as defined in subdivision four of section five hundred one of this title, at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration or issuance of such probationary license; [or] (xiii) of a second or subsequent conviction of a violation of section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a class DJ or MJ learner's permit or a class DJ or MJ license at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration of such permit or license; OR (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND OR THIRD DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER. § 5. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows: § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI- CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC- TION FROM A FLAGPERSON, POLICE OFFICER, OR OTHER VISIBLY DESIGNATED PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON DIRECTION FROM A TRAFFIC CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET, OR PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY WORK IS BEING CONDUCTED, WHICH AREA IS MARKED BY SIGNS, CHANNELING DEVICES, BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORK- ERS ARE PHYSICALLY PRESENT. 2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS OR BY A PERIOD OF IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI- SONMENT. § 6. This act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART B Section 1. Section 600 of the vehicle and traffic law is amended by adding a new subdivision 4 to read as follows: 4. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT S. 2508--A 12 A. 3008--A BE CONSTRUED TO BE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION BECAUSE OF SUCH MOVEMENT. § 2. Subdivision 2 of section 15 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows: 2. The commissioner [of transportation], A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER shall have the power to cause the immediate removal, from the right of way of any state highway, of any vehicle, CARGO, OR DEBRIS which obstructs or interferes with the use of such a highway for public trav- el; or which obstructs or interferes with the construction, recon- struction or maintenance of such a highway; or which obstructs or inter- feres with the clearing or removal of snow or ice from such a highway; or which obstructs or interferes with any operation of the department of transportation during a public emergency. THE COMMISSIONER, OR A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR GROSSLY NEGLIGENT MANNER. § 3. This act shall take effect immediately. SUBPART C Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi- cle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: 1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while fail- ing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than [five hundred] ONE THOUSAND dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: 1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspen- sion of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter. § 3. Subdivision (d) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: (d) A violation of subdivision (b) or (c) of this section committed by a person who has previously been convicted of any violation of such subdivisions within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than [one] TWO thousand dollars in addition to any other penalties provided by law. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. S. 2508--A 13 A. 3008--A SUBPART D Section 1. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows: § 1221-A. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR VEHICLES, THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE- MENT AGENCIES, AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO REDUCE THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHOR- IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE- TY. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through D of this act shall be as specifically set forth in the last section of such Subparts. PART C Section 1. Subdivision 1 of section 359 of the public authorities law, as amended by section 6 of part TT of chapter 54 of the laws of 2016, is amended to read as follows: 1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a highway connection, the authority shall proceed with the construction, reconstruction or improvement thereof. All such work shall be done pursuant to a contract or contracts which shall be let to the lowest responsible bidder, by sealed proposals publicly opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED BY THE AUTHORITY AND ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public advertisement and upon such terms and conditions as the authority shall require; provided, however, that the authority may reject any and all proposals and may advertise for new proposals, as herein provided, if in its opinion, the best interests of the authority will thereby be promoted; provided further, however, that at the request of the authori- ty, all or any portion of such work, together with any engineering required by the authority in connection therewith, shall be performed by the commissioner and his subordinates in the department of transporta- tion as agents for, and at the expense of, the authority. § 2. This act shall take effect immediately. PART D S. 2508--A 14 A. 3008--A Section 1. Section 359-a of the public authorities law, as amended by section 7 of part TT of chapter 54 of the laws of 2016, is amended to read as follows: § 359-a. Procurement contracts. For the purposes of section twenty- eight hundred seventy-nine of this chapter as applied to the authority, the term "procurement contract" shall mean any written agreement for the acquisition of goods or services of any kind by the authority in the actual or estimated amount of [fifteen] FIFTY thousand dollars or more. § 2. This act shall take effect immediately. PART E Section 1. Subdivision 3 of section 165.15 of the penal law is amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to avoid payment of the lawful charge OR TOLL for such transportation service which has been rendered to him OR HER OR FOR SUCH USE OF ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or attempts to obtain such service or TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI- NESS DISTRICT OR avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjusti- fiable failure or refusal to pay; or § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and traffic law, as amended by chapter 109 of the laws of 2005, is amended and a new paragraph (c) is added to read as follows: (b) Number plates shall be kept clean and in a condition so as to be easily readable and shall not be covered by glass or any plastic materi- al, and shall not be knowingly covered or coated with any artificial or synthetic material or substance that conceals or obscures such number plates or that distorts a recorded or photographic image of such number plates, and the view of such number plates shall not be obstructed by any part of the vehicle or by anything carried thereon[, except for a receiver-transmitter issued by a publicly owned tolling facility in connection with electronic toll collection when such receiver-transmit- ter is affixed to the exterior of a vehicle in accordance with mounting instructions provided by the tolling facility]. (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A MOTOR VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE TOLLING AUTHORITY, IF SUCH NUMBER PLATE IS NOT EASILY READABLE, NOR SHALL ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET- IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES, OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES, AND THE VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER- TRANSMITTER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION WITH ELECTRONIC TOLL COLLECTION WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO THE EXTERIOR OF A VEHICLE IN ACCORDANCE WITH MOUNTING S. 2508--A 15 A. 3008--A INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY. FOR PURPOSES OF THIS PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLLING PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS AMENDED. § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 61 of the laws of 1989 and as renumbered by chapter 648 of the laws of 2006, is amended to read as follows: 8. The violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars EXCEPT FOR VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION WHICH SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS. § 4. This act shall take effect on the ninetieth day after it shall have become a law. PART F Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 1209 of the public authorities law are REPEALED. § 2. Paragraphs (a) and (b) of subdivision 7 of section 1209 of the public authorities law, as amended by section 3 of subpart C of part ZZZ of chapter 59 of the laws of 2019, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of one million dollars and all contracts for public work involving an estimated expenditure in excess of one million dollars shall be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in the manner hereinafter set forth. The aforesaid shall not apply to contracts for personal, archi- tectural, engineering or other professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing in this paragraph shall obligate the authority to seek new bids after the rejection of bids or after cancel- lation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associ- ated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided that (i) a contract for services in the actual or estimated amount of one million dollars or less shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for services in the actual or estimated amount in excess of one million dollars shall require approval by the board of the authority regardless S. 2508--A 16 A. 3008--A of the length of the period over which the services are rendered unless such a contract is awarded to the lowest responsible bidder after obtaining [sealed] bids and (ii) the board of the authority may by resolution adopt guidelines that authorize the award of contracts to small business concerns, to service disabled veteran owned businesses certified pursuant to article seventeen-B of the executive law, or minority or women-owned business enterprises certified pursuant to arti- cle fifteen-A of the executive law, or purchases of goods or technology that are recycled or remanufactured, in an amount not to exceed one million dollars without a formal competitive process and without further board approval. The board of the authority shall adopt guidelines which shall be made publicly available for the awarding of such contract with- out a formal competitive process. § 3. Paragraphs (a) and (b) of subdivision 8 of section 1209 of the public authorities law, paragraph (a) as amended by chapter 725 of the laws of 1993 and paragraph (b) as added by chapter 929 of the laws of 1986, are amended to read as follows: (a) Advertisement for bids, when required by this section, shall be published at least once in [a newspaper of general circulation in the area served by the authority and in] the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required when required by this section. Publication in [a newspaper of general circulation in the area served or in] the procurement opportunities newsletter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authori- ty and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivi- sion eleven of this section. Any such advertisement shall contain a statement of: (i) the time [and place where] BY WHICH bids received pursuant to any notice requesting [sealed] bids [will be publicly opened and read] SHALL BE SUBMITTED; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materials, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the [address where] MANNER IN WHICH bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligibility or qualifica- tion requirement or preference; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrangement; (ix) any other information deemed useful to potential contractors; and (x) the name, address, and tele- phone number of the person to be contacted for additional information. At least [fifteen] TEN business days shall elapse between the first publication of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. (b) The authority may designate any officer or employee to [open the bids at the time and place bids are to be opened and may designate an officer to] award the contract to the lowest responsible bidder. [Such designee shall make a record of all bids in such form and detail as the authority shall prescribe.] All bids [received] shall be RECEIVED EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY POSTED FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time [and], place AND IN THE MANNER specified in the advertisement or speci- fied at the time of solicitation, or to which the opening and reading OR S. 2508--A 17 A. 3008--A POSTING have been adjourned by the authority. All bidders shall be noti- fied of the time and place of any such adjournment. THE AUTHORITY'S DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE. § 4. Paragraph (e) of subdivision 9 of section 1209 of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: (e) the item is available through an existing contract between a vendor and [(i) another public authority provided that such other authority utilized a process of competitive bidding or a process of competitive requests for proposals to award such contract or (ii) the state of New York or the city of New York,] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR STATES provided that in any case when the authority under this paragraph determines that obtaining such item thereby would be in the public interest and sets forth the reasons for such determination. The authori- ty shall accept sole responsibility for any payment due the vendor as a result of the authority's order; or § 5. The opening paragraph of subdivision 9 of section 1209 of the public authorities law is amended to read as follows: 9. Notwithstand- ing the foregoing, the authority may, by resolution approved by a two- thirds vote of its members then in office or by a majority vote of its members with respect to contracts proposed to be let pursuant to para- graph (a) of this subdivision, declare that competitive bidding is impractical or inappropriate because of the existence of any of the circumstances hereinafter set forth and thereafter the authority may proceed to award contracts without complying with the requirements of subdivision seven or eight of this section[.] PROVIDED THAT FOR ANY DESIGN-BUILD CONTRACT TO BE AWARDED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION NO SUCH PRIOR DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPROPRIATE SHALL BE REQUIRED. In each case where the authority declares competitive bidding impractical or inappropriate, it shall state the reason therefor in writing and summarize any negoti- ations that have been conducted. Except for contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of this subdivision, the authority shall not award any contract pursuant to this subdivision earlier than thirty days from the date on which the authority declares that compet- itive bidding is impractical or inappropriate. Competitive bidding may only be declared impractical or inappropriate where: § 6. Subdivision 10 of section 1209 of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: 10. Upon the adoption of a resolution by the authority stating, for reasons of efficiency, economy, compatibility or maintenance reliabil- ity, that there is a need for standardization, the authority may estab- lish procedures whereby particular supplies, materials or equipment are identified on a qualified products list. Such procedures shall provide for products or vendors to be added to or deleted from such list and shall include provisions for public advertisement of the manner in which such lists are compiled. The authority shall review such list no less than [twice] ONCE a year for the purpose of making modifications there- to. Contracts for particular supplies, materials or equipment identi- fied on a qualified products list may be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in accordance with this section or without competitive [sealed] bids in instances when the item is available from only a single source, except that the author- S. 2508--A 18 A. 3008--A ity may dispense with advertising provided that it mails copies of the invitation to bid to all vendors of the particular item on the qualified products list. § 7. Subdivision 1 of section 1265-a of the public authorities law is REPEALED. § 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the public authorities law, as amended by section 3-a of subpart C of part ZZZ of chapter 59 of the laws of 2019, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of one million dollars and all contracts for public work involving an estimated expenditure in excess of one million dollars shall be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in the manner hereinafter set forth. For purposes hereof, contracts for public work shall exclude contracts for personal, engineering and architectural, or professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit iden- tical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing in this paragraph shall obligate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided (i) that a contract for services in the actual or estimated amount of one million dollars or less shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for services in the actual or estimated amount in excess of one million dollars shall require approval by the board of the authority regardless of the length of the period over which the services are rendered unless such a contract is awarded to the lowest responsible bidder after obtaining [sealed] bids, and (ii) the board of the authority may by resolution adopt guidelines that authorize the award of contracts to small business concerns, to service disabled veteran owned businesses certified pursuant to article seventeen-B of the executive law, or minority or women-owned business enterprises certified pursuant to arti- cle fifteen-A of the executive law, or purchases of goods or technology that are recycled or remanufactured, in an amount not to exceed one million dollars without a formal competitive process and without further board approval. The board of the authority shall adopt guidelines which shall be made publicly available for the awarding of such contract with- out a formal competitive process. § 9. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of the public authorities law, paragraph (a) as amended by chapter 494 of the laws of 1990 and paragraph (b) as added by chapter 929 of the laws of 1986, are amended to read as follows: S. 2508--A 19 A. 3008--A (a) Advertisement for bids, when required by this section, shall be published at least once in [a newspaper of general circulation in the area served by the authority and in] the procurement opportunities news- letter published pursuant to article four-C of the economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall only be required for a purchase contract for supplies, materials or equipment when required by this section. Publication in [a newspaper of general circu- lation in the area served or in] the procurement opportunities newslet- ter shall not be required if bids for contracts for supplies, materials or equipment are of a type regularly purchased by the authority and are to be solicited from a list of potential suppliers, if such list is or has been developed consistent with the provisions of subdivision six of this section. Any such advertisement shall contain a statement of: (i) the time [and place where] BY WHICH bids received pursuant to any notice requesting [sealed] bids [will be publicly opened and read] SHALL BE SUBMITTED; (ii) the name of the contracting agency; (iii) the contract identification number; (iv) a brief description of the public work, supplies, materials, or equipment sought, the location where work is to be performed, goods are to be delivered or services provided and the contract term; (v) the [address where] MANNER IN WHICH bids or proposals are to be submitted; (vi) the date when bids or proposals are due; (vii) a description of any eligibility or qualification requirement or prefer- ence; (viii) a statement as to whether the contract requirements may be fulfilled by a subcontracting, joint venture, or co-production arrange- ment; (ix) any other information deemed useful to potential contractors; and (x) the name, address, and telephone number of the person to be contacted for additional information. At least [fifteen] TEN business days shall elapse between the first publication of such advertisement or the solicitation of bids, as the case may be, and the date of opening and reading of bids. (b) The authority may designate any officer or employee to [open the bids at the time and place bids are to be opened and may designate an officer to] award the contract to the lowest responsible bidder. [Such designee shall make a record of all bids in such form and detail as the authority shall prescribe.] All bids [received] shall be RECEIVED EITHER THROUGH AN ELECTRONIC BIDDING PLATFORM AND ELECTRONICALLY POSTED FOR PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE at the time, [and] place AND IN THE MANNER specified in the advertisement or at the time of solicitation, or to which the opening and reading OR POSTING have been adjourned by the authority. All bidders shall be notified of the time and place of any such adjournment. THE AUTHORITY'S DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE. § 10. Paragraph (e) of subdivision 4 of section 1265-a of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: (e) the item is available through an existing contract between a vendor and [(i) another public authority provided that such other authority utilized a process of competitive bidding or a process of competitive requests for proposals to award such contracts or (ii) Nassau county, or (iii) the state of New York or (iv) the city of New York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR STATES, provided that in any case when under this paragraph the authority determines that obtaining such S. 2508--A 20 A. 3008--A item thereby would be in the public interest and sets forth the reasons for such determination. The authority shall accept sole responsibility for any payment due the vendor as a result of the authority's order; or § 11. The opening paragraph of subdivision 4 of section 1265-a of the public authorities law is amended to read as follows: 4. Notwithstanding the foregoing, the authority may, by resolution approved by a two-thirds vote of its members then in office or by major- ity vote of its members with respect to contracts proposed to be let pursuant to paragraph (a) of this subdivision declare, that competitive bidding is impractical or inappropriate because of the existence of any of the circumstances hereinafter set forth and thereafter the authority may proceed to award contracts without complying with the requirements of subdivision seven or eight of this section[.] PROVIDED THAT FOR ANY DESIGN-BUILD CONTRACT TO BE AWARDED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION NO SUCH PRIOR DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPROPRIATE SHALL BE REQUIRED. In each case where the authority declares competitive bidding impractical or inappropriate, it shall state the reason therefor in writing and summarize any negoti- ations that have been conducted. Except for contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of this subdivision, the authority shall not award any contract pursuant to this subdivision earlier than thirty days from the date on which the authority declares that compet- itive bidding is impractical or inappropriate. Competitive bidding may only be declared impractical or inappropriate where: § 12. Subdivision 5 of section 1265-a of the public authorities law, as added by chapter 929 of the laws of 1986, is amended to read as follows: 5. Upon the adoption of a resolution by the authority stating, for reasons of efficiency, economy, compatibility or maintenance reliabil- ity, that there is a need for standardization, the authority may estab- lish procedures whereby particular supplies, materials or equipment are identified on a qualified products list. Such procedures shall provide for products or vendors to be added to or deleted from such list and shall include provisions for public advertisement of the manner in which such lists are compiled. The authority shall review such list no less than [twice] ONCE a year for the purpose of making such modifications. Contracts for particular supplies, materials or equipment identified on a qualified products list may be awarded by the authority to the lowest responsible bidder after obtaining [sealed] bids in accordance with this section or without competitive [sealed] bids in instances when the item is available from only a single source, except that the authority may dispense with advertising provided that it mails copies of the invita- tion to bid to all vendors of the particular item on the qualified products list. § 13. Section 15 of part OO of chapter 54 of the laws of 2016, amend- ing the public authorities law relating to procurements by the New York City transit authority and the metropolitan transportation authority, is amended to read as follows: § 14. This act shall take effect immediately[, and shall expire and be deemed repealed April 1, 2021]. § 15. This act shall take effect immediately. PART G Section 1. Section 1266 of the public authorities law is amended by adding two new subdivisions 12-b and 12-c to read as follows: S. 2508--A 21 A. 3008--A 12-B. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR A TRAN- SIT FACILITY THE AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO SHALL BE REMOVED, RELOCATED OR OTHERWISE PROTECTED OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED UTILITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY: (A) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE PUBLIC SERVICE CORPORATION SHALL DESIGN AND PERFORM ALL OF THE REQUIRED UTILITY WORK WITHIN A NUMBER OF DAYS AFTER RECEIPT OF THE AUTHORITY'S CONSTRUCTION PLANS, WHICH NUMBER OF DAYS SHALL BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION. THE COST OF SUCH REQUIRED UTILITY WORK, INCLUDING THE DESIGN, SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION. (B) IN DESIGNING AND PERFORMING THE REQUIRED UTILITY WORK, A PUBLIC SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC SERVICE CORPORATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY. (C) THE AUTHORITY MAY OPT TO PERFORM SOME OR ALL OF THE REQUIRED UTIL- ITY WORK ON ITS OWN OR BY A CONTRACT OR OTHER ARRANGEMENT. IF THE AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE AUTHORITY MAY ALSO OPT TO PROVIDE THE DESIGN FOR SUCH WORK. IF THE AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE PUBLIC SERVICE CORPORATION SHALL PERFORM THE PORTION OF THE UTILITY WORK NOT PERFORMED BY THE AUTHORITY AND SHALL REIMBURSE THE AUTHORITY FOR THE AUTHORITY'S ACTUAL COST TO PERFORM THE UTILITY WORK, INCLUDING THE COST OF THE DESIGN DONE BY THE AUTHORITY. IF THE AUTHORITY DESIGNS SOME OR ALL OF THE REQUIRED UTILITY WORK, SUCH DESIGN SHALL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH SHALL NOT BE UNREASONABLY WITHHELD. SUCH REVIEW AND APPROVAL SHALL BE COMPLETED WITHIN TWENTY-ONE CALENDAR DAYS, OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION. 12-C. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR TRANSIT FACILITY THE AUTHORITY DETERMINES THAT THE WATER OR SEWER INFRASTRUC- TURE, INCLUDING PIPES OR MAINS, STREET LIGHTING, TRAFFIC SIGNAL SYSTEMS, EMERGENCY CALL BOXES AND ASSOCIATED INFRASTRUCTURE OF THE CITY OF NEW YORK AND ANY FIXTURES AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED, RELOCATED, OR OTHERWISE PROTECTED OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED CITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY: (A) THE CITY OF NEW YORK SHALL PROVIDE ANY APPROVALS OR PERMITS REQUIRED BY THE AUTHORITY FOR THE REQUIRED CITY WORK WITHIN THIRTY CALENDAR DAYS OF SUBMISSION BY THE AUTHORITY OF ITS CONSTRUCTION PLANS OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORI- TY AFTER CONSULTATION WITH THE CITY OF NEW YORK. (B) THE AUTHORITY SHALL PAY THE COST OF THE REQUIRED CITY WORK AND THE COST OF UPGRADING THE WATER OR SEWER INFRASTRUCTURE TO COMPLY WITH THE CURRENT STANDARDS OF THE CITY OF NEW YORK FOR MATERIALS AND CAPACITY AS DETERMINED BY THE CURRENT SERVICE BEING PROVIDED; PROVIDED, HOWEVER, THAT THE CITY OF NEW YORK SHALL NOT DEMAND THAT THE AUTHORITY PROVIDE FOR ANTICIPATED FUTURE SERVICE INCREASES OR ANY OTHER BETTERMENTS WITH- OUT THE AUTHORITY'S AGREEMENT. S. 2508--A 22 A. 3008--A (C) IN REVIEWING THE AUTHORITY'S DESIGN FOR THE REQUIRED CITY WORK, OR IN PROVIDING ANY PERMITS OR APPROVALS FOR THE REQUIRED CITY WORK, THE CITY OF NEW YORK SHALL NOT CREATE THE NEED FOR A PUBLIC SERVICE CORPO- RATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRAS- TRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY. (D) THE CITY OF NEW YORK SHALL COOPERATE WITH THE AUTHORITY AND PUBLIC SERVICE CORPORATIONS IN PLANNING AND COORDINATING THE RELOCATION OF ITS OWN WATER AND SEWER INFRASTRUCTURE AS WELL AS THE PIPES, MAINS, CONDUITS OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION. THE CITY OF NEW YORK SHALL NOT REQUIRE THE REMOVAL OR RELOCATION OF ADDITIONAL PUBLIC SERVICE CORPORATION PIPES, MAINS, CONDUITS OR OTHER INFRASTRUC- TURE BEYOND THE MINIMUM REQUIRED TO ACCOMMODATE THE REQUIRED WORK. § 2. This act shall take effect immediately. PART H Section 1. Subdivision 12 of section 1266 of the public authorities law, as added by chapter 314 of the laws of 1981, is amended to read as follows: 12. The authority may, FOR ITSELF OR UPON REQUEST OF THE NEW YORK CITY TRANSIT AUTHORITY, upon suitable notice to and an offer to consult with an officer designated by the city of New York, occupy the streets of the city of New York for the purpose of doing ANY WORK EITHER BY ITSELF DIRECTLY OR BY ANOTHER FOR ITS BENEFIT VIA CONTRACT, EASEMENT AGREEMENT OR OTHER SUCH AGREEMENT [any work] over or under the same in connection with the improvement, construction, reconstruction or rehabilitation of a transportation facility without the consent of or payment to such city[.], NOTWITHSTANDING THAT THE CITY HAS PREVIOUSLY PERMITTED ANY SUCH PORTION OF SUCH STREETS TO BE OCCUPIED BY ANOTHER. FOR THE PURPOSES OF THIS SUBDIVISION, A "TRANSPORTATION FACILITY" SHALL INCLUDE A STAIRWAY ENTRANCE, ELEVATOR, ESCALATOR OR OTHER VERTICAL TRANSPORTATION CONNECT- ING TO A SUBWAY STATION OR ANY OTHER TRANSIT IMPROVEMENT THAT IS BEING RENOVATED, RELOCATED OR CONSTRUCTED FOR THE BENEFIT OF AND UNDER A CONTRACT, EASEMENT AGREEMENT OR OTHER AGREEMENT WITH THE AUTHORITY OR THE NEW YORK CITY TRANSIT AUTHORITY PURSUANT TO THE ZONING RESOLUTION OF THE CITY OF NEW YORK OR OTHERWISE. § 2. This act shall take effect immediately. PART I Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- rately amended by chapters 268 and 281 of the laws of 2016, is amended to read as follows: 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner, terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC- TURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR COMMUTER RAILROAD agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdi- S. 2508--A 23 A. 3008--A visions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emergency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner, terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN- TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation work- er, emergency medical service paramedic, or emergency medical service technician, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, [including the] cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR USE ON A TRAIN OR BUS, OR MAINTENANCE OF A TRAIN OR BUS STATION OR TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE OR BUS WHILE ON THE ROAD, or such city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation work- er, emergency medical service paramedic, or emergency medical service technician is performing an assigned duty; or § 2. Section 240.30 of the penal law is amended by adding a new subdi- vision 3-a to read as follows: 3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION CLEANER; TERMINAL CLEANER; STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI- S. 2508--A 24 A. 3008--A TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR § 3. This act shall take effect on the ninetieth day after it shall have become a law. PART J Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part FF of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2021] 2024, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART K Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by section 1 of part EE of chapter 58 of the laws of 2020, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2021] 2024. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART L Section 1. The multiple dwelling law is amended by adding a new section 277-a to read as follows: § 277-A. Section 1 1. Legislative intent. The Legislature finds and declares all of the following: A. ON MARCH 7, 2020, GOVERNOR ANDREW CUOMO PROCLAIMED A STATE OF EMER- GENCY IN RESPONSE TO THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC. MEAS- URES NECESSARY TO CONTAIN THE SPREAD OF COVID-19 HAVE BROUGHT ABOUT WIDESPREAD ECONOMIC AND SOCIETAL DISRUPTION, PLACING THE STATE OF NEW YORK IN UNPRECEDENTED CIRCUMSTANCES. B. COVID 19 EXACERBATED THE PRE-EXISTING IMBALANCE OF SUPPLY AND DEMAND FOR COMMERCIAL REAL ESTATE AND HOTELS IN CERTAIN GEOGRAPHIES IN NEW YORK CITY. MANY OFFICE SPACES AND HOTEL UNITS ARE UNDERUTILIZED AND VACANT. C. LEGISLATION IS NECESSARY TO ALLOW FOR THE CONVERSION OF CERTAIN COMMERCIAL REAL ESTATE AND HOTELS WITHIN SPECIFIED BOUNDARIES INTO RESI- DENTIAL HOUSING. CONVERTING OFFICE BUILDINGS AND HOTELS INTO RESIDENTIAL UNITS WILL INCREASE HOUSING SUPPLY AND THEREBY RELIEVE PRESSURE ON THE HOUSING MARKET AND REDUCE RENTAL PRICES. THE CONVERSION WILL ALSO S. 2508--A 25 A. 3008--A PROVIDE NEEDED AFFORDABLE AND SUPPORTIVE HOUSING WITHIN CENTRAL LOCATIONS AND NEAR PUBLIC TRANSIT. D. THE CONVERSION OF COMMERCIAL REAL ESTATE AND HOTELS WILL SPUR THE CREATION OF JOBS IN THE CONSTRUCTION AND OTHER INDUSTRIES AND AID IN REMEDYING THE HARMS TO THE ECONOMY CAUSED BY COVID 19. THE CREATION OF RESIDENTIAL-WORK NEIGHBORHOODS WILL PROVIDE LONG TERM ECONOMIC BENEFITS BY BOLSTERING LOCAL BUSINESSES THAT SERVE THE COMMUNITIES. TEMPORARY RULES UPON LEGISLATIVE FINDING OF SPECIAL STATE INTEREST. 2. APPLICATION OF RULE. THIS SECTION SHALL APPLY TO BUILDING PERMITS LAWFULLY ISSUED, OR FOR WHICH A COMPLETED APPLICATION HAS BEEN FILED AS DEFINED BY LOCAL LAW, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR. 3. ANY BUILDING OR PORTION OF A BUILDING ERECTED PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY MAY BE CONVERTED TO A CLASS A MULTIPLE DWELLING SUBJECT TO THE PROVISIONS OF SECTION 277, EXCEPT THAT SUBPARA- GRAPH F OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION 7 OF SUCH SECTION SHALL BE MODIFIED TO PROVIDE THAT ANY YARDS OR COURTS ONTO WHICH A WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW IN A BUILDINGS OF ANY HEIGHT, WITHOUT REGARD TO ANY OTHER PROVISIONS OF THIS CHAPTER, OTHER STATE LAW OR ANY PROVISIONS OF THE ZONING RESOLUTION OF THE CITY OF NEW YORK TO THE CONTRARY, BUT SUBJECT, HOWEVER TO THE PROVISIONS OF SUBDIVISION 4 AND 5 OF THIS SECTION 277-A. 4. CLASS B MULTIPLE DWELLINGS. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY CLASS B MULTIPLE DWELLING OPERATING AS A HOTEL THAT PRIOR TO THE DATE OF ENACT- MENT OF THIS SECTION WAS ALREADY PERMITTED BY THIS ARTICLE AND APPLICA- BLE LOCAL LAW TO BE OCCUPIED FOR RESIDENTIAL PURPOSES IN COMPLIANCE WITH THE STANDARDS OF SECTION 277. FURTHER, THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO HOTELS: (A) COMPRISING FEWER THAN ONE HUNDRED FIFTY ROOMS; (B) LOCATED ON TAX LOTS IN THE CITY OF NEW YORK ALREADY EXISTING OR CREATED UPON THE EFFECTIVE DATE OF THIS SECTION, IN ANY BOROUGH OUTSIDE OF MANHATTAN, OR WITHIN MANHATTAN EXCLUDING THE FOLLOWING AREA IN THE BOROUGH OF MANHATTAN, BEGINNING AT THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS STREET EXTENDED, THENCE EASTERLY TO THE CENTER LINE OF CHAMBERS STREET AND CONTINUING ALONG THE CENTER LINE OF CHAMBERS STREET TO THE CENTER LINE OF CENTRE STREET, THENCE SOUTHERLY ALONG THE CENTER LINE OF CENTRE STREET TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF THE BROOKLYN BRIDGE AND THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER, THENCE NORTHERLY ALONG THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER AND THE CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED, THENCE WESTERLY TO THE CENTER LINE OF ONE HUNDRED TENTH STREET AND CONTINUING ALONG THE CENTER LINE OF ONE HUNDRED TENTH STREET TO ITS WESTERLY TERMINUS, THENCE WESTERLY TO THE INTERSECTION OF THE CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER- HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING; AND (C) WHICH, UPON CONVERSION OR ALTERATION OR IMPROVEMENT SUCH NEW USE IS EITHER SUBJECT TO AN AGREEMENT WITH (I) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWENTY -FIVE PERCENT OF SUCH HOUSING UNITS AS AFFORDABLE HOUSING, OR (II) WITH ANY STATE OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION. 5. COMMERCIAL OFFICE BUILDINGS. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY COMMER- CIAL OFFICE BUILDING THAT PRIOR TO THE DATE OF ENACTMENT OF THIS SECTION WAS ALREADY PERMITTED BY THIS ARTICLE AND APPLICABLE LOCAL LAW TO BE S. 2508--A 26 A. 3008--A OCCUPIED FOR RESIDENTIAL PURPOSES IN COMPLIANCE WITH THE STANDARDS OF SECTION 277. FURTHER, THIS SECTION SHALL ONLY APPLY TO COMMERCIAL OFFICE BUILDINGS OR PORTION THEREOF (A) EXISTING ON JANUARY 1, 1980 WITH A VALID TEMPORARY CERTIFICATE OF OCCUPANCY OR PERMANENT CERTIFICATION OF OCCUPANCY; OR (B) EXISTING ON DECEMBER 31, 2020 WITH A VALID TEMPORARY CERTIFICATE OF OCCUPANCY OR PERMANENT CERTIFICATE OF OCCUPANCY, AND THAT IS PART OF AN ESTATE ADMINISTERED PURSUANT TO 11 U.S.C. TITLE 11 OR SUBJECT TO RECEIVERSHIP PURSUANT TO CPLR SECTION 6401(A); AND (C) BEGIN- NING AT A POINT AT THE INTERSECTION OF THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET WITH THE U.S. PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER AND RUNS THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF WEST 60TH STREET AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND ALONG THE SOUTH LINE OF EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH LINE OF EAST 60TH STREET TO THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER, THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF THE EAST RIVER SOUTHERLY TO ITS INTERSECTION WITH THE U.S. PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER, THENCE IN A NORTHERLY DIRECTION ALONG THE U.S. PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER TO THE POINT OF BEGINNING; AND (D) WHICH, UPON CONVERSION OR ALTERATION OR IMPROVEMENT SUCH NEW USE IS EITHER SUBJECT TO AN AGREEMENT WITH: (I) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWEN- TY-FIVE PERCENT OF SUCH HOUSING UNITS CREATED AS AFFORDABLE HOUSING, OR (II) WITH ANY STATE OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION. 6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OTHER STATE LAW TO THE CONTRARY, NO LOCAL ZONING LAW ORDINANCE, RESOLUTION OR REGU- LATION ADDRESSING THE MINIMUM LIGHT AND AIR STANDARDS FOR JOINT LIVING- WORK QUARTERS FOR ARTISTS OR GENERAL RESIDENTIAL PORTIONS OF LOFTS OR MANUFACTURING AND COMMERCIAL BUILDINGS ALTERED TO RESIDENTIAL USE SHALL, EXCEPT AS SET FORTH HEREIN, LIMIT THE APPLICABILITY OF THIS ARTICLE TO: (A) BUILDING ERECTED PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN- TY; OR (B) SPECIFIC LOCATIONS OR DISTRICTS WITHIN THE MUNICIPALITY. NOTWITHSTANDING ANY LAW, OTHER LOCAL ZONING LAW, ORDINANCE, RESOLUTION, OR REGULATION TO THE CONTRARY, THE CONVERSIONS DESCRIBED IN THIS SECTION ARE HEREBY AUTHORIZED AND TO THE EXTENT ANY LAW, ORDINANCE, RESOLUTION OR REGULATION IS OR HEREAFTER BECOMES INCONSISTENT WITH THE PROVISION OF THIS SECTION, SUCH LAW, ORDINANCE, RESOLUTION OR REGULATION IS HEREBY REPEALED PURSUANT TO SECTION 365. §2. SECTION 301 OF THE MULTIPLE DWELLING LAW IS AMENDED BY ADDING A NEW PARAGRAPH 7 TO READ AS FOLLOWS: ANY CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELLING AS A CLASS B HOTEL SHALL ALSO AUTHORIZE OCCUPANCY OF UNITS IN SUCH DWELLING FOR PERMANENT RESIDENCE PURPOSES, WHERE SUCH UNITS ARE SUBJECT TO AN AGREEMENT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A STATE OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE SERVICES, NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW, LOCAL LAW, ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED SUCH OCCUPANCY, (II) REQUIRED A CHANGE OR ALTERATION TO THE DWELLING OR (III) REQUIRED A NEW OR AMENDED CERTIFICATE. §3. THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY PROMULGATE REGULATIONS AND RULES NECESSARY TO EFFECTUATE THIS ACT. SUCH REGULATIONS MAY INCLUDE THE DEFINITION AND DETERMINATION OF AFFORDABLE OR SUPPORTIVE HOUSING AND THE LENGTH OF TIME SUCH HOUSING NEEDS TO REMAIN AFFORDABLE OR SUPPORTIVE. § 4. This act shall take effect immediately and shall expire December 31, 2024 when upon such date the provisions of this act shall be deemed S. 2508--A 27 A. 3008--A repealed, provided however, that no variance shall be required to obtain a certificate of occupancy if such building satisfied the provisions of this act upon commencement, nor shall any other administrative action be required upon completion should this provision have otherwise expired. PART M Section 1. Section 3 of part S of chapter 58 of the laws of 2016, relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, as amended by section 1 of part Y of chapter 58 of the laws of 2018, is amended to read as follows: § 3. This act shall take effect on the ninetieth day after it shall have become a law [and shall expire and be deemed repealed July 31, 2021]; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. § 2. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part R of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 [and shall expire March 31, 2021]. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2021. PART O Section 1. Paragraph (d) of section 304 of the business corporation law is amended to read as follows: (d) Any designated [post-office] POST OFFICE address to which the secretary of state shall mail a copy of process served upon him OR HER as agent of a domestic corporation or a foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different [post-office] POST OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON- ICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 2. Subparagraph 1 of paragraph (b) of section 306 of the business corporation law, as amended by chapter 419 of the laws of 1990, is amended to read as follows: (1) Service of process on the secretary of state as agent of a domes- tic or authorized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to S. 2508--A 28 A. 3008--A receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director's address stated therein or, in the case of an authorized foreign corpo- ration, to such corporation at the address of its office within this state on file in the department. (II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROC- ESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 3. The opening paragraph of paragraph (b) of section 307 of the business corporation law is amended to read as follows: Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT- UTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELEC- TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 4. Subparagraph 7 of paragraph (a) of section 402 of the business corporation law is amended to read as follows: (7) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 5. Paragraph (b) of section 801 of the business corporation law is amended by adding a new subparagraph 15 to read as follows: (15) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 6. Paragraph (b) of section 803 of the business corporation law is amended by adding a new subparagraph 4 to read as follows: S. 2508--A 29 A. 3008--A (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 7. Paragraph (b) of section 805-A of the business corporation law, as added by chapter 725 of the laws of 1964, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such corpo- ration, may be signed[, verified] and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (a) (1), (2) and (3) of this section; that a notice of the proposed change was mailed to the corpo- ration by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corpo- ration has not objected thereto; and that the party signing the certif- icate is the agent of such corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF THE CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed[, verified] and deliv- ered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. § 8. Subparagraph 8 of paragraph (a) of section 904-a of the business corporation law, as amended by chapter 177 of the laws of 2008, is amended to read as follows: (8) If the surviving or resulting entity is a foreign corporation or other business entity, a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section three hundred six of this chapter, in any action or special proceeding, and a post office address, within or with- out this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT; § 9. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of the business corporation law, as amended by chapter 494 of the laws of 1997, is amended to read as follows: (G) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding, and a post office address, within or without this state, to S. 2508--A 30 A. 3008--A which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT. § 10. Subparagraph 6 of paragraph (a) of section 1304 of the business corporation law, as amended by chapter 684 of the laws of 1963 and as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 11. Paragraph (a) of section 1308 of the business corporation law is amended by adding a new subparagraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 12. Paragraph (c) of section 1309-A of the business corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail a copy of any process against an authorized foreign corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE AND/OR the regis- tered agent, if such be the case. A certificate signed and delivered S. 2508--A 31 A. 3008--A under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. § 13. Subparagraph 6 of paragraph (a) and paragraph (d) of section 1310 of the business corporation law, the opening paragraph of paragraph (d) as amended by chapter 172 of the laws of 1999, are amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (d) The post office address AND/OR THE EMAIL ADDRESS specified under subparagraph (6) of paragraph (a) of this section may be changed. A certificate, entitled "Certificate of amendment of certificate of surrender of authority of ........ (name of corporation) under section 1310 of the Business Corporation Law", shall be signed as provided in paragraph (a) of this section and delivered to the department of state. It shall set forth: (1) The name of the foreign corporation. (2) The jurisdiction of its incorporation. (3) The date its certificate of surrender of authority was filed by the department of state. (4) The changed post office address, within or without this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 14. Section 1311 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1311. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1310 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he OR SHE shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH S. 2508--A 32 A. 3008--A PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1309-A (Certificate of change; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of section 1308 (Amendments or changes). § 15. Subdivisions 2 and 3 of section 18 of the general associations law, as amended by chapter 13 of the laws of 1938, are amended to read as follows: 2. Every association doing business within this state shall file in the department of state a certificate in its associate name, signed and acknowledged by its president, or a vice-president, or secretary, or treasurer, or managing director, or trustee, designating the secretary of state as an agent upon whom process in any action or proceeding against the association may be served within this state, and setting forth an address to which the secretary of state shall mail a copy of any process against the association which may be served upon him OR HER pursuant to law. THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Annexed to the certificate of designation shall be a statement, executed in the same manner as the certificate is required to be executed under this section, which shall set forth: (a) the names and places of residence of its officers and trustees (b) its principal place of business (c) the place where its office within this state is located and if such place be in a city, the location thereof by street and number or other particular description. 3. Any association, from time to time, may change the address to which the secretary of state is directed to mail copies of process OR SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, by filing a statement to that effect, executed, signed and acknowledged in like manner as a certif- icate of designation as herein provided. § 16. Section 19 of the general associations law, as amended by chap- ter 166 of the laws of 1991, is amended to read as follows: § 19. Service of process. Service of process against an association upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBDIVISION ONE OR TWO OF THIS SECTION. (1) PERSONALLY delivering to and leaving with him [or a deputy secretary of state or an associate attorney, senior attorney or attorney in the corporation divi- sion of the department of state] OR HER OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such process at the office of the department of state in the city of Albany. At the time of such service the plaintiff shall pay a fee of forty dollars to the secretary of state which shall be a taxable disbursement. [If the cost of registered mail for transmitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process.] The secretary of state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one of such copies to the association at the address fixed for that purpose, as herein provided. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE ASSOCIATION HAS AN EMAIL S. 2508--A 33 A. 3008--A ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCI- ATION. If the action or proceeding is instituted in a court of limited jurisdiction, service of process may be made in the manner provided in this section if the cause of action arose within the territorial juris- diction of the court and the office of the defendant, as set forth in its statement filed pursuant to section eighteen of this chapter, is within such territorial jurisdiction. § 17. Paragraph 4 of subdivision (e) of section 203 of the limited liability company law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against the limited liability company served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 18. Subdivision (d) of section 211 of the limited liability company law is amended by adding a new paragraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 19. Section 211-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 211-A. Certificate of change. (a) A limited liability company may amend its articles of organization from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or specify or change the address of the registered agent. Any one or more such changes may be accom- plished by filing a certificate of change which shall be entitled "Certificate of Change of ....... (name of limited liability company) under section 211-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed; (2) the date the articles of organization were filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against S. 2508--A 34 A. 3008--A a limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the address of the registered agent, provided such address being changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of a person, partnership or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited liability company has not objected thereto; and that the party signing the certificate is the agent of such limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA- NY TO WHOSE EMAIL ADDRESS OF THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability company in whose behalf such certificate is filed. § 20. Subdivision (c) of section 301 of the limited liability company law is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic limited liability company or a foreign limited liability company shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET- ING SUCH EMAIL ADDRESS. § 21. Subdivision (a) of section 303 of the limited liability company law, as relettered by chapter 341 of the laws of 1999, is amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic limited liability company or authorized foreign limited liability company shall be made [by personally] IN THE MANNER PROVIDED BY PARA- GRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such limited liability company shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such limited liability company at the post office address on file in the department of state specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE S. 2508--A 35 A. 3008--A A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED LIABILITY COMPANY HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY COMPANY AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED LIABILITY COMPANY. § 22. Subdivision (b) of section 304 of the limited liability company law is amended to read as follows: (b) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statuto- ry fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. § 23. Paragraph 4 of subdivision (a) of section 802 of the limited liability company law, as amended by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; § 24. Section 804-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 804-A. Certificate of change. (a) A foreign limited liability compa- ny may amend its application for authority from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke or change the designation of a registered agent, or to specify or change the address of a registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ........ (name of limited liability company) under section 804-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: S. 2508--A 36 A. 3008--A (1) the name of the foreign limited liability company and, if applica- ble, the fictitious name the limited liability company has agreed to use in this state pursuant to section eight hundred two of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby, (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a foreign limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited liability company has not objected thereto; and that the party signing the certificate is the agent of such foreign limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF SUCH FOREIGN LIMITED LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, or the regis- tered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the foreign limited liability company in whose behalf such certificate is filed. § 25. Paragraph 6 of subdivision (b) of section 806 of the limited liability company law is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 26. Section 807 of the limited liability company law is amended to read as follows: § 807. Termination of existence. When a foreign limited liability company that has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or canceled in the jurisdiction of its formation or when such foreign limited liability company is merged into or consolidated with another foreign limited liability company, (a) a certificate of the secretary of state or official performing the equivalent function as to limited liability company records in the jurisdiction of organization of such limited liability company attesting to the occurrence of any such event or (b) a certified copy of an order or decree of a court of such juris- diction directing the dissolution of such foreign limited liability company, the termination of its existence or the surrender of its authority shall be delivered to the department of state. The filing of S. 2508--A 37 A. 3008--A the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section eight hundred six of this article. The secretary of state shall continue as agent of the foreign limited liability company upon whom process against it may be served in the manner set forth in article three of this chap- ter, in any action or proceeding based upon any liability or obligation incurred by the foreign limited liability company within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amendment under section eight hundred four of this article. § 27. Paragraph 11 of subdivision (a) of section 1003 of the limited liability company law, as amended by chapter 374 of the laws of 1998, is amended to read as follows: (11) a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in article three of this chapter in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED; § 28. Paragraph 6 of subdivision (a) of section 1306 of the limited liability company law is amended to read as follows: (6) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; and § 29. Paragraph (d) of section 304 of the not-for-profit corporation law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (d) Any designated post-office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic corporation formed under article four of this chapter or foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post- office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 30. Paragraph (b) of section 306 of the not-for-profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (b) Service of process on the secretary of state as agent of a domes- tic corporation formed under article four of this chapter or an author- ized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to S. 2508--A 38 A. 3008--A receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic corporation formed under article four of this chapter or an authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy to such corporation at the address of its office within this state on file in the department. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE- TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 31. Paragraph (b) of section 307 of the not-for-profit corporation law is amended to read as follows: (b) (1) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. [Such service] (II) ELECTRON- ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSE- MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof and a copy of the process are: [(1)] (I) Delivered personally without this state to such foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or [(2)] (II) Sent by or on behalf of the plaintiff to such foreign corporation by registered mail with return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff. § 32. Subparagraph 6 of paragraph (a) of section 402 of the not-for- profit corporation law, as added by chapter 564 of the laws of 1981 and as renumbered by chapter 132 of the laws of 1985, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office S. 2508--A 39 A. 3008--A address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 33. Paragraph (b) of section 801 of the not-for-profit corporation law is amended by adding a new paragraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE CORPO- RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 34. Paragraph (c) of section 802 of the not-for-profit corporation law is amended by adding a new paragraph 4 to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 35. Subparagraph 6 of paragraph (a) of section 803 of the not-for- profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 36. Paragraph (b) of section 803-A of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against the corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corpo- ration whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as regis- tered agent for such corporation, may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (1), (2) and (3) of paragraph (a) of this section; that a notice of the proposed change was mailed to the corporation by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party sign- ing the certificate is the agent of such corporation to whose address the secretary of state is required to mail copies of any process against the corporation served upon him or HER, AND/OR THE AGENT OF THE CORPO- RATION TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this para- graph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. S. 2508--A 40 A. 3008--A § 37. Paragraph (c) of section 1310 of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail a copy of any process against an authorized foreign corporation served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corpo- ration in whose behalf such certificate is filed. § 38. Subparagraph 6 of paragraph (a) of section 1311 of the not-for- profit corporation law is amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 39. Section 1312 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1312. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender S. 2508--A 41 A. 3008--A of authority under section 1311 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1310 (Certificate of change[,]; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes). § 40. Subdivision (c) of section 121-104 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him as agent of a domestic limited partnership or foreign limited partnership shall continue until the filing of a certificate OR OTHER INSTRUMENT under this article directing the mailing to a different post office address AND ANY DESIG- NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART- NERSHIP, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 41. Subdivision (a) and the opening paragraph of subdivision (b) of section 121-109 of the partnership law, as added by chapter 950 of the laws of 1990 and as relettered by chapter 341 of the laws of 1999, are amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic or authorized foreign limited partnership shall be made [as follows] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION: (1) By personally delivering to and leaving with him OR HER or his OR HER deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. [(2)] The service on the limited partnership is complete when the secretary of state is so served. [(3)] The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, addressed to the limited part- nership at the post office address, on file in the department of state, specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS AGENT OF SUCH S. 2508--A 42 A. 3008--A DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER- SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign limited partnership not authorized to do business in this state is subject to a like juris- diction. In any such case, process against such foreign limited partner- ship may be served upon the secretary of state as its agent. Such proc- ess may issue in any court in this state having jurisdiction of the subject matter. Service of process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMIT- TING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 42. Paragraph 3 of subdivision (a) of section 121-201 of the part- nership law, as amended by chapter 264 of the laws of 1991, is amended to read as follows: (3) a designation of the secretary of state as agent of the limited partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 43. Paragraph 4 of subdivision (b) of section 121-202 of the part- nership law, as amended by chapter 576 of the laws of 1994, is amended to read as follows: (4) a change in the name of the limited partnership, or a change in the post office address to which the secretary of state shall mail a copy of any process against the limited partnership served on him OR HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name or address of the registered agent, if such change is made other than pursuant to section 121-104 or 121-105 of this article. § 44. The opening paragraph of subdivision (a) and subdivision (b) of section 121-202-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A certificate of limited partnership may be changed by filing with the department of state a certificate of change entitled "Certificate of Change of ..... (name of limited partnership) under Section 121-202-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) specify or change the location of the limited partnership's office; (ii) specify or S. 2508--A 43 A. 3008--A change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a limited partnership served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited partnership has not objected thereto; and that the party signing the certificate is the agent of such limited partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. § 45. Paragraph 4 of subdivision (a) of section 121-902 of the part- nership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 46. The opening paragraph of subdivision (a) and subdivision (b) of section 121-903-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A foreign limited partnership may change its application for authority by filing with the department of state a certificate of change entitled "Certificate of Change of ........ (name of limited partnership) under Section 121-903-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) change the location of the limited partnership's office; (ii) change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; S. 2508--A 44 A. 3008--A [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a foreign limited partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corpo- ration whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNER- SHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such foreign limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited partnership has not objected thereto; and that the party signing the certificate is the agent of such foreign limited part- nership to whose address the secretary of state is required to mail copies of process [or], THE EMAIL ADDRESS OF THE PARTY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited part- nership in whose behalf such certificate is filed. § 47. Paragraph 6 of subdivision (b) of section 121-905 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 48. Section 121-906 of the partnership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: § 121-906. Termination of existence. When a foreign limited partner- ship which has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or cancelled in the jurisdiction of its organization or when such foreign limited partnership is merged into or consolidated with another foreign limited partnership, (i) a certificate of the secretary of state, or official performing the equivalent function as to limited partnership records, in the jurisdiction of organization of such limited partnership attesting to the occurrence of any such event, or (ii) a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign limited partnership, the termination of its existence or the surrender of its authority, shall be delivered to the department of state. The filing of the certificate, S. 2508--A 45 A. 3008--A order or decree shall have the same effect as the filing of a certif- icate of surrender of authority under section 121-905 of this article. The secretary of state shall continue as agent of the foreign limited partnership upon whom process against it may be served in the manner set forth in section 121-109 of this article, in any action or proceeding based upon any liability or obligation incurred by the foreign limited partnership within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amend- ment under section 121-903 or a certificate of change under section 121-903-A of this article. § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (7) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in section 121-109 of this article in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED. § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi- sion (j-1) of section 121-1500 of the partnership law, paragraph (I) of subdivision (a) as amended by chapter 643 of the laws of 1995 and as redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (4) a designation of the secretary of state as agent of the partner- ship without limited partners upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (j-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a registered limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such registered limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the registered limited liability partnership and, if it has been changed, the name under which it was originally filed with the depart- ment of state; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership S. 2508--A 46 A. 3008--A by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partner- ship to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. § 51. Paragraph (v) of subdivision (a) and subdivision (i-1) of section 121-1502 of the partnership law, paragraph (v) of subdivision (a) as amended by chapter 470 of the laws of 1997 and subdivision (i-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (v) a designation of the secretary of state as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (i-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a New York registered foreign limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPO- RATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent of such registered foreign limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the New York registered foreign limited liability partnership; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability part- nership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. S. 2508--A 47 A. 3008--A § 52. Subdivision (a) of section 121-1505 of the partnership law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (a) Service of process on the secretary of state as agent of a regis- tered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP under this article shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such registered limited liability partnership shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such registered limited liability partnership, at the post office address on file in the department of state specified for such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP. § 53. Subdivision 7 of section 339-n of the real property law, as amended by chapter 346 of the laws of 1997, is amended to read as follows: 7. A designation of the secretary of state as agent of the corporation or board of managers upon whom process against it may be served AND THE POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of process on the secretary of state as agent of such corporation or board of managers shall be made [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION. (A) PERSONALLY delivering to and leaving with him or her or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the depart- ment of state in the city of Albany, duplicate copies of such process together with the statutory fee, which shall be a taxable disbursement. Service of process on such corporation or board of managers shall be complete when the secretary of state is so served. The secretary of S. 2508--A 48 A. 3008--A state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation or board of managers, at the post office address, on file in the department of state, specified for such purpose. (B) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION OR BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPO- RATION OR BOARD OF MANAGERS. Nothing in this subdivision shall affect the right to serve process in any other manner permitted by law. The corporation or board of managers shall also file with the secretary of state the name and post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary of state and shall update the filing as neces- sary. § 54. This act shall take effect January 1, 2023. PART P Section 1. The executive law is amended by adding a new section 142-b to read as follows: § 142-B. REMOTE NOTARIZATION. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: (A) "AUDIO-VIDEO COMMUNICATION" MEANS BEING ABLE TO SEE, HEAR, AND COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS. (B) "CREDENTIAL" MEANS A GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT THAT INCLUDES THE PRINCIPAL'S PHOTOGRAPH, SIGNATURE, AND MULTIPLE CREDENTIAL SECURITY FEATURES SUCH AS: A HOLOGRAPHIC IMAGE, RAISED OR TEXTURED PRINT, MICROPRINTING, LASER ENGRAVING, OPTICAL VARIABLE INK, LONG LIFE MULTI-LAYER PET (POLYETHYLENE TEREPHTHALATE)/PVC (POLYVINYL CHLORIDE) CREDENTIAL BODY CONSTRUCTION, THE ISSUING AGENCY'S SEAL, OR THE CREDENTIAL HOLDER'S PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE COLOR, HAIR COLOR). (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE WHICH AUTHENTI- CATES A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC- ES, AND COMPLIES WITH THE FOLLOWING CRITERIA: (I) USES AUTOMATED SOFTWARE PROCESSES TO AID THE NOTARY PUBLIC IN VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL; (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST- ENT WITH SOUND COMMERCIAL PRACTICES THAT: (1) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL, PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES; (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT THE IDENTIFICATION CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED; (3) USES INFORMATION HELD OR PUBLISHED BY THE ISSUING SOURCE OR AN AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF PERSONAL DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND S. 2508--A 49 A. 3008--A (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC; AND (IV) ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC IN REAL TIME THROUGH AUDIO-VIDEO COMMUNICATION. (D) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW. (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY ACT, TRANS- ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC- TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP- TIBLE BY HUMAN SENSORY CAPABILITIES. (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC- ESS, ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD. (G) "IDENTITY PROOFING" MEANS A KNOWLEDGE-BASED AUTHENTICATION PROCESS THROUGH WHICH A THIRD PARTY CONFIRMS THE IDENTITY OF A PRINCIPAL THROUGH REVIEW OF PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA SOURCES AS MAY BE FURTHER DEFINED BY REGULATION. (H) "NOTARIAL ACT" MEANS THE PERFORMANCE OF AN ACT AUTHORIZED BY SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER. (I) "PRINCIPAL" MEANS AN INDIVIDUAL: (I) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED; (II) WHO HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY A NOTARY PUBLIC; OR (III) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED AFTER THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY A NOTARY PUBLIC. (J) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM. (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER WHERE A PRINCIPAL WHO IS NOT IN THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION. (L) "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY PUBLIC THROUGH AUDIO-VIDEO COMMUNICATION IN A MANNER THAT ALLOWS THE NOTARY PUBLIC TO COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL. (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED IN INK OR PENCIL OR OTHER MATERIAL TO A PAPER DOCUMENT. 2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED TO PERFORM A REMOTE NOTARIZATION BY UTILIZING AUDIO-VIDEO TECHNOLOGY THAT ALLOWS THE NOTARY PUBLIC TO INTERACT WITH A PRINCIPAL, PROVIDED THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET. (A) THE NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION. A NOTARY PUBLIC MAY REQUIRE AN INDIVIDUAL TO PROVIDE ADDITIONAL INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE NOTARY PUBLIC OF THE IDENTITY OF THE PRINCIPAL. (B) THE AUDIO-VIDEO CONFERENCE MUST ALLOW FOR REAL-TIME, DIRECT INTER- ACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC. (C) THE COMMUNICATION TECHNOLOGY MUST PROVIDE REASONABLE SECURITY MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL. (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR- IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS. S. 2508--A 50 A. 3008--A (E) THE NOTARY PUBLIC MUST TAKE REASONABLE STEPS TO ENSURE THAT A BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED FROM UNAUTHORIZED USE. A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO RETAIN SUCH RECORDINGS ON BEHALF OF THE NOTARY, PROVIDED THAT ALL RECORDINGS RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY UPON REQUEST. (F) IF A NOTARIAL ACT IS PERFORMED UNDER THIS SECTION, THE CERTIF- ICATES OF AN ACKNOWLEDGMENT MUST CONFORM SUBSTANTIALLY WITH THE LANGUAGE IN THIS PARAGRAPH THAT CORRESPONDS TO THE TYPE OF TRANSACTION AT ISSUE, THE BLANKS BEING PROPERLY FILLED. (1) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED OUTSIDE THE STATE OF NEW YORK: STATE OF NEW YORK }SS.: COUNTY OF ........} ON THE .......... DAY OF ........ IN THE YEAR ..... BEFORE ME, THE UNDERSIGNED, APPEARED THROUGH USE OF AUDIO AND VIDEO COMMUNI- CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO THE WITHIN INSTRUMENT, ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT, AND WHO DECLARED THAT (PRONOUN) (IS) (ARE) LOCATED IN ... (JURISDICTION AND LOCATION NAME) AND THAT THIS RECORD IS TO BE FILED WITH OR RELATES TO A MATTER BEFORE A COURT, GOVERNMENTAL ENTITY, PUBLIC OFFICIAL, OR OTHER ENTITY LOCATED IN THE TERRITORIAL JURISDICTION OF THE UNITED STATES, OR INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC- TION OF, OR A TRANSACTION SUBSTANTIALLY CONNECTED WITH, THE UNITED STATES. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.) (2) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED WITHIN THE STATE OF NEW YORK: STATE OF NEW YORK }SS.: COUNTY OF ........} ON THE .......... DAY OF ..... IN THE YEAR ..... BEFORE ME, THE UNDERSIGNED, APPEARED THROUGH USE OF AUDIO AND VIDEO COMMUNI- CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE) SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE INSTRUMENT. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.) (G) FOR RECEIPT AND CERTIFICATION OF INSTRUMENTS, THE PRINCIPAL MUST TRANSMIT BY FAX OR ELECTRONIC MEANS A LEGIBLE COPY OF THE SIGNED SIGNA- TURE PAGE DIRECTLY TO THE NOTARY PUBLIC ON THE SAME DATE IT WAS SIGNED BEFORE THE NOTARY PUBLIC AFFIXES THEIR WET SIGNATURE. (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT THE TIME OF THE REMOTE NOTARIZATION. (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA- TION PERFORMED PURSUANT TO THIS SECTION, WHICH UPON DEMAND, SHALL BE SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY THIS SUBDIVISION SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR AS LONG AS SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL FIVE YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL: (1) BE MADE CONTEMPORANEOUSLY WITH THE PERFORMANCE OF THE NOTARIAL ACT; S. 2508--A 51 A. 3008--A (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT; (3) INDICATE THE NAME OF THE PRINCIPAL; (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE PRESENTATION; (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL. 3. THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE PRIN- CIPAL AT THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF THE FOLLOWING METHODS: (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR (B) IDENTIFICATION OF THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE NOTARY BY MEANS OF AUDIO-VIDEO COMMUNICATION BY EACH OF THE FOLLOWING: (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL; (II) CREDENTIAL ANALYSIS; AND (III) IDENTITY PROOFING OF THE PRINCIPAL; OR (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO IS IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS SUBDIVI- SION. 4. THE NOTARY PUBLIC MAY NOTARIZE THE ELECTRONICALLY TRANSMITTED COPY OF THE DOCUMENT AND TRANSMIT THE DOCUMENT BACK TO THE PRINCIPAL BY MAIL, OR BY FAX OR SECURE ELECTRONIC MEANS. IF THE NOTARIZED DOCUMENT IS TRAN- SMITTED TO THE PRINCIPAL BY FAX OR SECURE ELECTRONIC MEANS, THE NOTARY PUBLIC SHALL PROMPTLY DESTROY THE ORIGINAL AFTER RECEIVING CONFIRMATION OF THE TRANSMISSION. AN ELECTRONICALLY TRANSMITTED DOCUMENT NOTARIZED PURSUANT TO THIS SECTION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT. THE NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL SIGNED DOCU- MENT AS OF THE DATE OF EXECUTION PROVIDED THE NOTARY PUBLIC RECEIVES SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION. 5. NOTWITHSTANDING ARTICLE 9 OF THE REAL PROPERTY LAW OR ANY OTHER LAW OR REGULATION TO THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS SECTION SHALL BE A PERMISSIVE ALTERNATIVE TO A PERSONAL APPEARANCE, UNLESS A LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS SECTION. 6. ANY PERSON WHO SUFFERS ACTUAL DAMAGES AS A RESULT OF A PRINCIPAL WHO VIOLATES ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE A CIVIL CAUSE OF ACTION AGAINST ANY SUCH PRINCIPAL IN A COURT OF COMPETENT JURISDICTION. 7. THE SECRETARY OF STATE MAY PROMULGATE REGULATIONS ESTABLISHING MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT UNAUTHORIZED ACCESS TO AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL, AND ANY OTHER MATTERS NECESSARY TO ADMINISTER THE PROVISIONS OF THIS SECTION. 8. PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE SECRE- TARY OF STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY PUBLIC THAT VIOLATES THIS SECTION. 9. NOTARIAL SIGNATURE. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A NOTARY PUBLIC TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZATION. EACH REMOTE NOTARIZATION SHALL BE COMPLETED BY WET SIGNATURE. (B) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE HUNDRED THIR- TY-THREE OF THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON ANY DOCUMENT THAT HAS BEEN REMOTELY NOTARIZED IN COMPLIANCE WITH THIS SECTION. S. 2508--A 52 A. 3008--A 10. FEES. NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTI- CLE, A NOTARY PUBLIC THAT PERFORMS A REMOTE NOTARIZATION PURSUANT TO THIS SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES: (A) FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE SAME WHEN REQUIRED, EXCEPT WHERE ANOTHER FEE IS SPECIFICALLY PRESCRIBED BY STATUTE, FIVE DOLLARS. (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION OF A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH ADDI- TIONAL PERSON, FIVE DOLLARS, FOR SWEARING EACH WITNESS THERETO, FIVE DOLLARS. 11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY PUBLIC TO PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT SATISFIED THAT (I) THE PRINCIPAL IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE. § 2. Subdivision 1 of section 309-a of the real property law, as sepa- rately amended by chapter 179 of the laws of 1997 and chapter 596 of the laws of 1998, is amended to read as follows: 1. The certificate of an acknowledgment, within this state, of a conveyance or other instrument in respect to real property situate in this state, by a person, must conform substantially with the following form, the blanks being properly filled: State of New York }ss.: County of ........} On the .......... day of ........ in the year ..... before me, the undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY AUDIO AND VIDEO TECHNOLOGY ........, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.) § 3. Subdivision 1 of section 309-b of the real property law, as amended by chapter 609 of the laws of 2002, is amended to read as follows: 1. The certificate of an acknowledgement, without this state, of a conveyance or other instrument with respect to real property situate in this state, by a person, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country ) ss.: On the _______ day of __________ in the year _______ before me, the undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY AUDIO AND VIDEO TECHNOLOGY ______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.) § 4. This act shall take effect immediately. S. 2508--A 53 A. 3008--A PART Q Section 1. Paragraph (b) of subdivision 5 of section 8-0111 of the environmental conservation law, as amended by chapter 388 of the laws of 2011, is amended to read as follows: (b) Actions subject to the provisions requiring a certificate of envi- ronmental compatibility and public need in articles seven, ten and the former article eight of the public service law OR REQUIRING A SITING PERMIT UNDER SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; or § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7 of section 94-c of the executive law, as added by section 4 of part JJJ of chapter 58 of the laws of 2020, is amended to read as follows: (i) Notwithstanding any other provision of law, rule, or regulation to the contrary and consistent with appropriations therefor, employees of any state agency who are necessary to the functions of the office and who may be substantially engaged in the performance of its functions shall be transferred to the office in accordance with the provisions of section [seventy-eight] SEVENTY of the civil service law. Employees transferred pursuant to this section shall be transferred without further examination or qualification and shall retain their respective civil service classifications. Nothing set forth in this subdivision shall be construed to impede, infringe, or diminish the rights and bene- fits that accrue to employees through collective bargaining agreements, impact or change an employee's membership in a bargaining unit, or otherwise diminish the integrity of the collective bargaining relation- ship. (d) In addition to the fees established pursuant to paragraph (a) of this subdivision, the office, pursuant to regulations adopted pursuant to this section, may assess a fee for the purpose of recovering [the] costs the office incurs [related to reviewing and processing an applica- tion submitted under this section]. § 3. Subdivision 2-b of section 2 of the public service law, as amended by chapter 6 of the laws of 2011, is amended to read as follows: 2-b. The term "alternate energy production facility," when used in this chapter, includes any solar, wind turbine, fuel cell, tidal, wave energy, waste management resource recovery, refuse-derived fuel, wood burning facility, or energy storage device utilizing batteries, flow batteries, flywheels or compressed air, together with any related facil- ities located at the same project site, with an electric generating capacity of [up to eighty] LESS THAN TWENTY-FIVE megawatts, which produces electricity, gas or useful thermal energy. § 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 3, 2020; provided, however, that section three of this act shall not apply to any major electric generating facility issued a certificate under article 10 of the public service law prior to such date; and provided further, that the amendments to section 94-c of the executive law, made by section two of this act, shall not affect the repeal of such section and shall be deemed repealed therewith. PART R Section 1. Notwithstanding any provision of law to the contrary, general, special or local, (1) a building owner is authorized pursuant to sections 28-320-3.6 and 28-320-3.6.1 of the administrative code of the city of New York to deduct from the reported annual building emis- S. 2508--A 54 A. 3008--A sions the number of renewable energy credits purchased by or on behalf of such owner associated with energy produced by a renewable energy resource that is eligible under tier 2 of the renewable energy standard (RES) adopted by the public service commission, or qualifying renewable energy credits made available through contracts with the New York state energy research and development authority and associated with energy produced by offshore wind energy resources delivering into the zone J load zone or energy resources subject to tier 4 of the RES; provided, however, that such building owner may only use tier 2 renewable energy credits for the purposes of this subdivision in the absence of the availability of such offshore wind or tier 4 renewable energy credits; and (2) renewable energy credits associated with energy produced by such offshore wind, tier 2 and tier 4 energy resources shall be treated the same with respect to the conversion of such credits into emissions that may be deducted by such building owner. § 2. This act shall take effect immediately and shall expire and be deemed repealed December 31, 2034. PART S Section 1. The public authorities law is amended by adding a new section 2564-a to read as follows: § 2564-A. ADDITIONAL POWERS OF THE CORPORATION. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "PREMISES" MEANS ALL BUILDINGS AND STRUCTURES NOW OR HEREAFTER CONSTITUTING ALL OR ANY PART OF THE JACOB K. JAVITS CONVENTION CENTER AT AND IN THE GENERAL VICINITY OF 655 WEST 34TH STREET AND 650 WEST 39TH STREET, NEW YORK, NEW YORK, TOGETHER WITH THE LANDS ON WHICH SUCH BUILD- INGS AND STRUCTURES ARE OR WILL BE LOCATED. (B) "NEW YORK CITY CODES" MEANS THE NEW YORK CITY CONSTRUCTION CODES OF TWO THOUSAND FOURTEEN, INCLUDING BUT NOT LIMITED TO THE BUILDING, MECHANICAL, PLUMBING, FUEL GAS, AND ENERGY CONSERVATION CODES; THE NEW YORK CITY CONSTRUCTION AND MAINTENANCE CODE OF NINETEEN HUNDRED SIXTY- EIGHT; THE NEW YORK CITY FIRE CODE OF TWO THOUSAND FOURTEEN; THE NEW YORK CITY ELECTRICAL CODE; THE NEW YORK CITY ENERGY CODE; TITLE ONE OF THE RULES OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS; TITLE TWO OF THE RULES OF THE CITY OF NEW YORK BOARD OF STANDARDS AND APPEALS; AND TITLE THREE OF THE RULES OF THE CITY OF NEW YORK FIRE DEPARTMENT. (C) "THE UNIFORM CODE" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE. (D) "THE NYS ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION CONSTRUCTION CODE. (E) "PART TWELVE HUNDRED FOUR" MEANS PART TWELVE HUNDRED FOUR OF TITLE NINETEEN OF THE CODES, RULES AND REGULATIONS OF NEW YORK STATE, AS AMENDED. 2. IN CONNECTION WITH THE OPERATIONS AND ONGOING EVENTS AND OTHER ACTIVITIES AT ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART OF A PREMISES, THE CORPORATION MAY, FOR PURPOSES OF SUCH PREMISES, ACT AS THE CONSTRUCTION-PERMITTING AGENCY PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE LAW AND THE REGULATIONS PROMULGATED THEREUNDER, AS AMENDED. NOTWITHSTANDING ANY OTHER PROVISION OF ANY OTHER STATE OR LOCAL LAW, RULE OR REGULATION TO THE CONTRARY: (A) WHEN THE CORPORATION ACTS AS THE CONSTRUCTION-PERMITTING AGENCY FOR THE PREMISES OR ANY PORTION THEREOF, THE CORPORATION MAY ELECT, IF DEEMED FEASIBLE AND APPROPRIATE, TO SUBJECT ALL OR ANY PART OF SUCH PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART S. 2508--A 55 A. 3008--A OF THE PREMISES TO THE REQUIREMENTS OF THE NEW YORK CITY CODES, AS AMENDED, INSTEAD OF THE REQUIREMENTS OF THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED, FOR SUCH PREMISES; AND (B) NOTWITHSTANDING THE FACT THAT SUCH PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF SUCH PREMISES SHALL BE SUBJECT TO THE REQUIREMENTS OF THE NEW YORK CITY CODES INSTEAD OF THE REQUIREMENTS OF THE UNIFORM CODE AND NYS ENERGY CODE: (I) THE CORPORATION SHALL BE AUTHORIZED TO: (A) RENDER SUCH SERVICES FOR ALL OR ANY PORTION OF ANY SUCH PREMISES WITHOUT APPROVAL OF ANY OTHER STATE DEPARTMENT, AGENCY, OFFICER OR OFFICE BUT ONLY AS DIRECTLY RELATED TO THE AUTHORITY GRANTED BY THIS SECTION; AND (B) TAKE ALL REASONABLY REQUIRED ACTIONS TO EXECUTE ITS DUTIES AS THE CONSTRUCTION-PERMITTING AGENCY, INCLUDING WITHOUT LIMITATION, THOSE REQUIRED TO REVIEW, PERMIT AND INSPECT THE PREMISES AND ENFORCE THE NEW YORK CITY CODES; AND (C) ISSUE TEMPORARY PLACE OF ASSEMBLY PERMITS, TEMPORARY STRUCTURE PERMITS, CONSTRUCTION PERMITS AND ALL OTHER PERMITS AVAILABLE UNDER THE NEW YORK CITY CODES AFTER DETERMINING ANY REQUEST OR APPLICATION FOR SUCH PERMITS COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND (D) ISSUE A CODE COMPLIANCE CERTIFICATE, CERTIFICATE OF OCCUPANCY, OR A TEMPORARY APPROVAL FOR OCCUPANCY ALLOWING USE AND OCCUPANCY OF THE PREMISES OR PARTS THEREOF AFTER DETERMINING SUCH PREMISES OR PARTS THER- EOF COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND (E) EMPLOY SUCH EXPERTS AND CONSULTANTS AS SHALL REASONABLY BE REQUIRED TO FULFILL ITS RESPONSIBILITIES AS THE CONSTRUCTION-PERMITTING AGENCY; AND (II) THE CORPORATION SHALL CONTINUE TO ACT AS THE CONSTRUCTION-PERMIT- TING AGENCY FOR SUCH PREMISES AND FOR ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF SUCH PREMISES, AND SHALL DETERMINE THAT THE DESIGN OF ANY SUCH BUILDING AND STRUCTURE, OR, IF APPLICABLE, THE DESIGN OF ANY PHASE OR PORTION OF ANY SUCH BUILDING OR STRUCTURE, COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CONSTRUCTION PERMIT FOR SUCH BUILDING OR STRUCTURE, OR PHASE OR PORTION THEREOF, AND SHALL DETERMINE THAT SUCH BUILDING OR STRUCTURE, OR, IF APPLICABLE, ANY PHASE OR PORTION THEREOF, COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CODE COMPLIANCE CERTIFICATE OR TEMPORARY APPROVAL FOR OCCUPANCY FOR SUCH BUILDING OR STRUCTURE, OR PHASE OR PORTION THEREOF; AND (III) UPON WRITTEN REQUEST OF THE CORPORATION OR ANY OTHER INTERESTED PARTY FOR A VARIANCE OR MODIFICATION OF ANY PROVISION OR REQUIREMENT OF ANY ONE OR MORE OF THE NEW YORK CITY CODES, THE DEPARTMENT OF STATE SHALL BE AUTHORIZED TO CONSIDER THE EVIDENCE OFFERED AND SUCH OTHER REPORTS, STUDIES AND OTHER INFORMATION THE DEPARTMENT OF STATE MAY DEEM APPROPRIATE, ARRANGE FOR THE REVIEW OF THE REQUEST BY OTHER STATE AGEN- CIES OR INTERNAL OR EXTERNAL EXPERTS AND CONSULTANTS, MAKE FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND RENDER A DECISION IN WRITING ON SUCH REQUEST, GRANTING OR DENYING, IN WHOLE OR IN PART, THE REQUESTED VARI- ANCE OR MODIFICATION, PROVIDED, HOWEVER, THAT: (A) NO SUCH VARIANCE OR MODIFICATION SHALL BE GRANTED UNLESS THE APPLICANT ESTABLISHES TO THE SATISFACTION OF THE DEPARTMENT OF STATE THAT GRANTING SUCH VARIANCE OR MODIFICATION SHALL NOT MATERIALLY AFFECT ADVERSELY PROVISIONS FOR HEALTH, SAFETY AND SECURITY; AND S. 2508--A 56 A. 3008--A (B) ANY DECISION TO GRANT A VARIANCE OR MODIFICATION, IN WHOLE OR IN PART, SHALL ALSO BE NOTED ON THE APPLICABLE PLANS AND SPECIFICATIONS SIGNED AND SEALED BY A PROFESSIONAL ENGINEER OR ARCHITECT; AND (IV) SUCH PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART OF SUCH PREMISES SHALL CONTINUE TO BE SUBJECT TO THE PROVISIONS OF PART TWELVE HUNDRED FOUR; PROVIDED, HOWEVER, THAT FOR THE PURPOSES OF APPLYING PART TWELVE HUNDRED FOUR, ALL REFERENCES IN PART TWELVE HUNDRED FOUR TO THE UNIFORM CODE SHALL BE DEEMED TO BE REFERENCES TO THE NEW YORK CITY CODES; AND (V) NO MUNICIPAL CORPORATION OR SUBDIVISION THEREOF SHALL HAVE THE POWER TO MODIFY OR CHANGE THE PLANS OR SPECIFICATIONS FOR SUCH PREMISES, OR THE CONSTRUCTION, PLUMBING, HEATING, LIGHTING OR OTHER MECHANICAL BRANCH WORK NECESSARY TO COMPLETE THE WORK IN QUESTION, NOR TO REQUIRE THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON ANY SUCH WORK SHALL PERFORM ANY SUCH WORK IN ANY OTHER DIFFERENT MANNER THAN THAT REQUIRED BY SUCH PLANS AND SPECIFICATIONS, NOR TO CONDUCT CONSTRUCTION-RELATED INSPECTIONS, INCLUDING BUT NOT LIMITED TO FIRE SAFETY INSPECTIONS OR OTHER INSPECTIONS OF SUCH PREMISES OR OF ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART OF SUCH PREMISES, NOR TO ISSUE NOTICES OF VIOLATION, ORDERS TO REMEDY, SUMMONSES, OR OTHER ENFORCEMENT-RELATED INSTRUMENTS OF ANY KIND RELATING TO ANY ALLEGED VIOLATION OF THE NEW YORK CITY CODES BY SUCH PREMISES OR ANY BUILDING OR STRUCTURE CONSTITUT- ING ALL OR ANY PART OF SUCH PREMISES, AND NO CONDITION OR REQUIREMENT WHATEVER MAY BE IMPOSED BY ANY SUCH MUNICIPAL CORPORATION OR SUBDIVISION THEREOF IN RELATION TO WORK BEING DONE ON SUCH PREMISES, AS SUCH WORK SHALL BE UNDER THE SOLE CONTROL OF THE CORPORATION IN ACCORDANCE WITH THE PLANS, SPECIFICATION AND CONTRACTS IN RELATION THERETO, PROVIDED THAT EMERGENCY PERSONNEL SHALL HAVE ACCESS TO THE PREMISES SITE FOR PURPOSES OF EMERGENCY OPERATIONS, COORDINATION, AND PREPAREDNESS; AND (C) THE CORPORATION SHALL BE RESPONSIBLE FOR REIMBURSEMENT TO THE DEPARTMENT OF STATE FOR COSTS INCURRED IN CONSIDERING A REQUEST FOR A VARIANCE OR MODIFICATION AS CONTEMPLATED BY SUBPARAGRAPH (III) OF PARA- GRAPH (B) OF THIS SUBDIVISION. 3. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM NEGOTI- ATING AN AGREEMENT WITH THE APPLICABLE MUNICIPAL CORPORATION TO ASSUME ADMINISTRATION AND ENFORCEMENT OF ANY APPLICABLE CODES WITH RESPECT TO THE PREMISES OR ANY INDIVIDUAL PROJECT ON THE PREMISES. 4. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM UTILIZ- ING THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED FOR ANY ADDI- TIONAL WORK THAT REQUIRES A CONSTRUCTION PERMIT. § 2. This act shall take effect immediately. PART T Section 1. Legislative Findings. The legislature hereby finds and determines that the establishment of the utility debt securitization authority under part B of chapter 173 of the laws of 2013, as amended, permitted the issuance of securitized restructuring bonds on favorable terms which resulted in lower aggregate distribution, transmission and transition charges to Long Island ratepayers, compared to other avail- able alternatives, and the purposes of such act will be further advanced by amending such act to permit the issuance of additional such bonds subject to a limit on the outstanding principal amount thereof and to allow such bonds to be issued to refund bonds of the utility debt secu- ritization authority. The legislature hereby further finds and deter- mines that improvements to the transmission and distribution system of S. 2508--A 57 A. 3008--A the Long Island Power Authority to increase resiliency and better with- stand the effects of climate change are necessary, and that issuance of securitized restructuring bonds by the Utility Debt Securitization Authority may allow the funding of such improvements on more favorable terms than if such bonds were issued by the Long Island Power Authority. § 2. Subdivision 2 of section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended to read as follows: 2. "Approved restructuring costs" means, to the extent approved as such under a restructuring cost financing order, (a) costs of purchas- ing, redeeming or defeasing a portion of outstanding debt of the author- ity OR THE RESTRUCTURING BOND ISSUER, including bonds and notes issued by the authority OR THE RESTRUCTURING BOND ISSUER, debt issued by the New York state energy research and development authority for the benefit of the LILCO; (b) costs of terminating interest rate swap contracts and other financial contracts entered into by or for the benefit of the authority and related to debt obligations of the authority; (c) rebate, yield reduction payments and any other amounts payable to the United States Treasury or to the Internal Revenue Service to preserve or protect the federal tax-exempt status of outstanding debt obligations of the authority; [and] (d) upfront financing costs associated with restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS. § 3. Subdivision 11 of section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, as amended by section 2-a of part W of chapter 58 of the laws of 2015, is amended to read as follows: 11. "Restructuring bonds" means bonds or other evidences of indebt- edness that are issued pursuant to an indenture or other agreement of the restructuring bond issuer under a restructuring cost financing order (a) the proceeds of which are used, directly or indirectly, to recover, finance, or refinance approved restructuring costs, (b) that are direct- ly or indirectly secured by, or payable from, restructuring property, AND (c) that have a term no longer than thirty years [and (d) that have a final scheduled maturity date no later than the final scheduled matu- rity date of the authority bonds purchased, redeemed or defeased with the proceeds of such restructuring bonds]. § 4. Section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended by adding a new subdivision 17-a to read as follows: 17-A. "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV- ING OR CONSTRUCTING TRANSMISSION AND DISTRIBUTION SYSTEM ASSETS TO INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE, ABSORB IMPACTS FROM OUTAGE-INDUCING EVENTS, AND RECOVER QUICKLY FROM OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF POLES AND WIRES, MOVING POWER LINES UNDERGROUND, RAISING SUBSTATIONS, CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS- ING, REDEEMING OR DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE SUCH COSTS OR REIMBURSING THE AUTHORITY FOR AMOUNTS ALREADY SPENT ON SUCH COSTS. § 5. Subdivision 1 of section 3 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to S. 2508--A 58 A. 3008--A refinance the outstanding debt of the Long Island power authority, is amended to read as follows: 1. Standard. The authority may prepare a restructuring cost financing order (A) for the purpose of issuing restructuring bonds to refinance outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based on a finding that such bond issuance is expected to result in savings to consumers of electric transmission and distribution services in the service area on a net present value basis; OR (B) FOR THE PURPOSE OF ISSUING RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED ON A FINDING THAT FUNDING OF SUCH SYSTEM RESILIENCY COSTS BY THE ISSUER WOULD RESULT IN LOWER COSTS TO CONSUMERS OF ELECTRIC TRANSMISSION AND DISTRIBUTION SERVICES IN THE SERVICE AREA ON A NET PRESENT VALUE BASIS THAN FUNDING OF SUCH COSTS BY THE AUTHORITY. § 6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restruc- turing bonds to refinance the outstanding debt of the Long Island power authority, as amended by section 3 of part W of chapter 58 of the laws of 2015, is amended to read as follows: (a) For the purpose of effectuating the purposes declared in section one of this act, there is hereby created a special purpose corporate municipal instrumentality of the state to be known as "utility debt securitization authority", which shall be a body corporate and politic, a political subdivision of the state, and a public benefit corporation, exercising essential governmental and public powers for the good of the public. Such restructuring bond issuer shall not be created or organ- ized, and its operations shall not be conducted, for the purpose of making a profit. No part of the revenues or assets of such restructuring bond issuer shall inure to the benefit of or be distributable to its trustees or officers or any other private persons, except as herein provided for actual services rendered. [The aggregate principal amount of restructuring bonds authorized to be issued by restructuring bond issuers created pursuant to this act shall not exceed] NO MORE THAN four billion five hundred million dollars AGGREGATE PRINCIPAL AMOUNT OF RESTRUCTURING BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED PURSU- ANT TO THIS ACT SHALL BE OUTSTANDING AT ANY TIME. FOR THE PURPOSES OF THIS SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE OUTSTANDING IF THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR PROVISION FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE. § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of section 4 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, subparagraph (i) as amended and subparagraph (iv) as added by section 4 of part W of chapter 58 of the laws of 2015, are amended to read as follows: (i) issue the restructuring bonds contemplated by a restructuring cost financing order, and use the proceeds thereof to purchase or acquire, and to own, hold and use restructuring property or to pay or fund upfront financing costs [provided, however, that the restructuring bond issuer shall not issue restructuring bonds for the purpose of refunding other restructuring bond]; (iv) [only] issue restructuring bonds of which the final scheduled maturity date of any series of restructuring bonds shall be no later than [the final scheduled maturity date of the authority bonds to be purchased, redeemed or defeased with the proceeds of such restructuring bonds] THIRTY YEARS FROM THE DATE OF ISSUANCE OF SUCH RESTRUCTURING BONDS. S. 2508--A 59 A. 3008--A § 8. This act shall take effect immediately. PART U Section 1. Paragraph 4 of subdivision (c) of section 188-a of the economic development law, as added by section 2 of part CC of chapter 60 of the laws of 2011, is amended to read as follows: (4) The board may base its recommendation on which eligible applicants it determines best meet the applicable criteria; provided, however, that the board shall dedicate recharge New York power as follows: (i) at least three hundred fifty megawatts for use at facilities located within the service territories of the utility corporations that, prior to the effective date of this section, purchased Niagara and Saint Lawrence hydroelectric power for the benefit of their domestic and rural consum- ers; (ii) at least two hundred megawatts for the purposes of attracting new business to the state, creating new business within the state, or encouraging the expansion of existing businesses within the state, that create new jobs or leverage new capital investment; and (iii) an amount not to exceed one hundred FIFTY megawatts for eligible small businesses and eligible not-for-profit corporations. § 2. This act shall take effect immediately. PART V Section 1. Subsections (e) and (g) of section 7002 of the insurance law, as amended by chapter 188 of the laws of 2003, are amended to read as follows: (e) "Industrial insured" means an insured: (1) whose net worth exceeds one hundred million dollars; (2) who is a member of a holding company system whose net worth exceeds one hundred million dollars; (3) who is the metropolitan transportation authority and its statutory subsidiaries. When filing an application to form a pure captive insur- ance company the metropolitan transportation authority shall submit written notice of such filing to the governor, the temporary president of the senate and the speaker of the assembly; [or] (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU- TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM A PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT- TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR (5) who is a city with a population of one million or more. When filing an application to form a pure captive insurance company, a city with a population of one million or more shall submit written notice of such filing to the governor, the temporary president of the senate and the speaker of the assembly. (g) "Industrial insured group" means any group of unaffiliated indus- trial insureds that are engaged in similar or related businesses or activities, however, the metropolitan transportation authority, THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF and cities with a population of one million or more shall not be a member of an industrial insured group, and that collec- tively: (1) own, control or hold with power to vote all of the outstanding voting shares of stock of a group captive insurance company incorporated as a stock insurer; or S. 2508--A 60 A. 3008--A (2) represent one hundred percent of the voting members of a group captive insurance company organized as a mutual insurer. § 2. Section 1005 of the public authorities law is amended by adding a new subdivision 28 to read as follows: 28. THE AUTHORITY MAY ESTABLISH A SUBSIDIARY CORPORATION FOR THE PURPOSE OF FORMING A PURE CAPTIVE INSURANCE COMPANY AS PROVIDED IN SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW. THE MEMBERS OF SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD- ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS TITLE. THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE AUTHORITY. § 3. Subdivision (a) of section 1500 of the tax law, as amended by section 21 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (a) The term "insurance corporation" includes a corporation, associ- ation, joint stock company or association, person, society, aggregation or partnership, by whatever name known, doing an insurance business, and, notwithstanding the provisions of section fifteen hundred twelve of this article, shall include (1) a risk retention group as defined in subsection (n) of section five thousand nine hundred two of the insur- ance law, (2) the state insurance fund and (3) a corporation, associ- ation, joint stock company or association, person, society, aggregation or partnership doing an insurance business as a member of the New York insurance exchange described in section six thousand two hundred one of the insurance law. The definition of the "state insurance fund" contained in this subdivision shall be limited in its effect to the provisions of this article and the related provisions of this chapter and shall have no force and effect other than with respect to such provisions. The term "insurance corporation" shall also include a captive insurance company doing a captive insurance business, as defined in subsections (c) and (b), respectively, of section seven thousand two of the insurance law; provided, however, "insurance corporation" shall not include the metropolitan transportation authority, THE POWER AUTHOR- ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, or a public benefit corporation or not-for-profit corporation formed by a city with a population of one million or more pursuant to subsection (a) of section seven thousand five of the insurance law, each of which is expressly exempt from the payment of fees, taxes or assessments, whether state or local; and provided further "insurance corporation" does not include any combinable captive insurance company. The term "insurance corporation" shall also include an unauthorized insurer operating from an office within the state, pursuant to paragraph five of subsection (b) of section one thousand one hundred one and subsection (i) of section two thousand one hundred seventeen of the insurance law. The term "insurance corporation" also includes a health maintenance organization required to obtain a certificate of authority under article forty-four of the public health law. § 4. Subdivision (a) of section 1502-b of the tax law, as amended by section 22 of part A of chapter 59 of the laws of 2014, is amended to read as follows: S. 2508--A 61 A. 3008--A (a) In lieu of the taxes and tax surcharge imposed by sections fifteen hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen hundred ten of this article, every captive insurance company licensed by the superintendent of financial services pursuant to the provisions of article seventy of the insurance law, other than the metropolitan trans- portation authority, THE POWER AUTHORITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, and a public benefit corporation or not-for-profit corporation formed by a city with a population of one million or more pursuant to subsection (a) of section seven thousand five of the insurance law, each of which is expressly exempt from the payment of fees, taxes or assessments whether state or local, and other than combinable captive insurance company, shall, for the privilege of exercising its corporate franchise, pay a tax on (1) all gross direct premiums, less return premiums thereon, written on risks located or resident in this state and (2) all assumed reinsurance premiums, less return premiums thereon, written on risks located or resident in this state. The rate of the tax imposed on gross direct premiums shall be four-tenths of one percent on all or any part of the first twenty million dollars of premiums, three-tenths of one percent on all or any part of the second twenty million dollars of premiums, two-tenths of one percent on all or any part of the third twenty million dollars of premi- ums, and seventy-five thousandths of one percent on each dollar of premiums thereafter. The rate of the tax on assumed reinsurance premiums shall be two hundred twenty-five thousandths of one percent on all or any part of the first twenty million dollars of premiums, one hundred and fifty thousandths of one percent on all or any part of the second twenty million dollars of premiums, fifty thousandths of one percent on all or any part of the third twenty million dollars of premiums and twenty-five thousandths of one percent on each dollar of premiums there- after. The tax imposed by this section shall be equal to the greater of (i) the sum of the tax imposed on gross direct premiums and the tax imposed on assumed reinsurance premiums or (ii) five thousand dollars. § 5. This act shall take effect immediately. PART W Section 1. Expenditures of moneys by the New York state energy research and development authority for services and expenses of the energy research, development and demonstration program, including grants, the energy policy and planning program, the zero emissions vehi- cle and electric vehicle rebate program, and the Fuel NY program shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended in an amount not to exceed $22,700,000 shall be reimbursed by assessment against gas corporations, as defined in subdivision 11 of section 2 of the public service law and electric corporations as defined in subdivision 13 of section 2 of the public service law, where such gas corporations and electric corporations have gross revenues from intrastate utility operations in excess of $500,000 in the preceding calendar year, and the total amount assessed shall be allocated to each electric corporation and gas corporation in proportion to its intrastate electricity and gas revenues in the calendar year 2019. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law. The chair of the public service commission shall bill such gas and/or electric corporations for such amounts on or before August 10, 2021 and S. 2508--A 62 A. 3008--A such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2021. Upon receipt, the New York state energy research and development authority shall deposit such funds in the energy research and development operating fund estab- lished pursuant to section 1859 of the public authorities law. The New York state energy research and development authority is authorized and directed to: (1) transfer up to $4 million to the state general fund for climate change related services and expenses of the department of envi- ronmental conservation, $150,000 to the state general fund for services and expenses of the department of agriculture and markets, and $825,000 to the University of Rochester laboratory for laser energetics from the funds received; and (2) commencing in 2016, provide to the chair of the public service commission and the director of the budget and the chairs and secretaries of the legislative fiscal committees, on or before August first of each year, an itemized record, certified by the presi- dent and chief executive officer of the authority, or his or her desig- nee, detailing any and all expenditures and commitments ascribable to moneys received as a result of this assessment by the chair of the department of public service pursuant to section 18-a of the public service law. This itemized record shall include an itemized breakdown of the programs being funded by this section and the amount committed to each program. The authority shall not commit for any expenditure, any moneys derived from the assessment provided for in this section, until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encom- passing all moneys available to and all anticipated commitments and expenditures by such authority from any source for the operations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the chair to the chairs and secre- taries of the legislative fiscal committees. Any such amount not commit- ted by such authority to contracts or contracts to be awarded or other- wise expended by the authority during the fiscal year shall be refunded by such authority on a pro-rata basis to such gas and/or electric corpo- rations, in a manner to be determined by the department of public service, and any refund amounts must be explicitly lined out in the itemized record described above. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART X Section 1. Section 11-0701 of the environmental conservation law, as amended by section 1-a of part R of chapter 58 of the laws of 2013, paragraph a of subdivision 1 as amended by section 21 and subdivision 9 as amended by section 17 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: § 11-0701. Definitions of licenses and privileges of licensees. 1. A hunting license[: a.] entitles a holder who is twelve [or], thirteen, FOURTEEN OR FIFTEEN years of age to hunt wildlife[, except big game,] as provided in title 9 of this article subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law. [A holder who is twelve or thirteen years of age shall not hunt with a crossbow. b. entitles a holder who is fourteen or fifteen years of age to hunt wildlife, including wild deer and bear, as provided in title 9 of this S. 2508--A 63 A. 3008--A article, subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law.] 2. a. A hunting license entitles the holder to hunt wildlife subject to the following: (1) a holder who is eighteen years of age or older may hunt wildlife as provided in title 9 of this article, (2) a holder who is sixteen years of age or older may hunt wildlife, except big game, as provided in title 9 of this article, [and] (3) a holder who is between the ages of sixteen and eighteen may hunt big game pursuant to the provisions of title 9 of this article while the holder is accompanied by a parent, guardian or person over the age of eighteen as required by section 11-0929 of this article[. A] , AND (4) A holder may take fish with a longbow as provided in titles 9 and 13 this article. b. A special antlerless deer license is applicable to the hunting of wild antlerless deer in a special open season fixed pursuant to subdivi- sion 6 of section 11-0903 of this article in a tract within a Wilderness Hunting Area and entitles the holder of a hunting license to hunt antlerless deer in such special open season, as provided in title 9 of this article if he or she has on his or her person while so hunting both his or her hunting license and his or her special antlerless deer license. 3. A bowhunting privilege when included on a hunting license entitles a holder: (1) who is between the ages of twelve and sixteen years to hunt wild deer and bear with a longbow OR CROSSBOW during the special archery season and during the regular season, as provided in title 9 of this article, subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article; (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow OR CROSSBOW, as provided in title 9 of this article, in a special ARCHERY season; and (3) who is sixteen or seventeen years of age to exercise the same privileges subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article. 4. A fishing license entitles the holder to take fish by angling, spearing, hooking, longbow and tipups, to take frogs by spearing, catch- ing with the hands or by use of a club or hook, and to take bait fish for personal use, as provided in titles 9 and 13 of this article, except that such license shall not entitle the holder to take migratory fish of the sea or to take fish from the waters of the marine district. 5. A non-resident bear tag entitles a person who has not been a resi- dent of the state for more than thirty days who also possesses a hunting license to hunt bear during the regular open season therefor or in an open season fixed by regulation pursuant to subdivision eight of section 11-0903 of this article. It entitles a non-resident holder who also possesses a hunting license with bowhunting privilege to hunt bear with a longbow OR CROSSBOW during the open bear season. It entitles a non-re- sident holder who also possesses a hunting license with muzzle-loading privilege to hunt bear with a muzzleloader during the open bear season. 6. A seven-day fishing license entitles the holder to exercise the privileges of a fishing license for the seven consecutive days specified in the license. S. 2508--A 64 A. 3008--A 7. A one-day fishing license entitles the holder to exercise the priv- ileges of a fishing license on the day specified on the license. 8. A trapping license entitles the holder to trap beaver, otter, fish- er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel, pine marten and unprotected wildlife except birds, as provided in title 11, subject to the provisions of section 11-0713 of this article. 9. A muzzle-loading privilege when included on a hunting license enti- tles a holder who is [fourteen] TWELVE years of age or older to hunt wild deer and bear with a muzzle-loading firearm, as provided in title 9 of this article, in a special muzzle-loading firearm season. § 2. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunt- ing license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least [fourteen] TWELVE years old and holds a hunting license with a muzzle-loading privilege and meets the requirements of this article. § 3. Subdivision 6 of section 11-0713 of the environmental conserva- tion law is REPEALED. § 4. Paragraph c of subdivision 3 of section 11-0901 of the environ- mental conservation law, as amended by section 19 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: c. Wild small game and wild upland game birds shall be taken only by longbow, CROSSBOW or gun, or by the use of raptors as provided in title 10 of this article, except that: (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken in any manner not prohibited in this section or in title 11 of the Fish and Wildlife Law; AND (2) frogs may also be taken by spearing, catching with the hands, or by the use of a club or hook[; and (3) crossbows may be used but only by licensees who are fourteen years of age or older]. § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 6 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch [bolt] ARROW, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. [The mini- mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW SHALL have a minimum peak draw weight of one hundred pounds [and a maxi- mum peak draw weight of two hundred pounds. The] AND THE minimum overall length of such crossbow from buttstock to front of limbs shall be twen- ty-four inches. § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 7 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: S. 2508--A 65 A. 3008--A (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch [bolt] ARROW, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. [The mini- mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW SHALL have a minimum peak draw weight of one hundred pounds [and a maxi- mum peak draw weight of two hundred pounds. The] AND THE minimum overall length of such crossbow from buttstock to front of limbs shall be twen- ty-four inches. § 7. Subdivision 13 of section 11-0901 of the environmental conserva- tion law, as amended by section 23 of part R of chapter 58 of the laws of 2013, is amended to read as follows: 13. Persons engaged in hunting deer and/or bear with a longbow OR CROSSBOW must possess a current bowhunting privilege or a valid certif- icate of qualification in responsible bowhunting practices issued or honored by the department. § 8. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING OF WILDLIFE BY THE USE OF CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE. § 9. Subdivision 10 of section 11-0907 of the environmental conserva- tion law, as added by section 14 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: 10. Notwithstanding any provision of this chapter, or any prior notwithstanding language in this article, the department may, by regu- lation, authorize the taking of big game by the use of a crossbow by any licensed person in any big game season [in any area designated in items (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi- vision two of this section in which a shotgun or muzzle loader is permitted provided however, that any crossbow use during an archery-only season shall only take place during the last fourteen consecutive days of such archery-only season in the southern zone provided that such archery-only season shall consist of not less than forty-five days and only during the last ten consecutive days of any archery-only season in the northern zone provided that such archery-only season shall consist of no less than twenty-three days. Any muzzle loading season which occurs at the same time as a special archery season may only occur during times when crossbows are authorized to be used]. § 10. Subdivision 1 of section 11-0929 of the environmental conserva- tion law, as amended by section 20 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: 1. A licensee who is twelve or thirteen years of age shall not hunt wildlife with a gun, OR A CROSSBOW or a longbow unless he or she is accompanied by his or her parent or legal guardian, or by a person twen- ty-one years of age or older designated in writing by his or her parent or legal guardian on a form prescribed by the department, who holds a hunting license. [A licensee who is twelve or thirteen years of age shall not hunt with a crossbow.] § 11. Subparagraph 5 of paragraph b of subdivision 2 of section 11-0929 of the environmental conservation law is REPEALED and subpara- graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5. S. 2508--A 66 A. 3008--A § 12. Section 11-0933 of the environmental conservation law, as added by section 22 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: § 11-0933. Taking small game by crossbow. Notwithstanding any provision of this chapter, or any prior notwith- standing language in this article, the department may, by regulation, authorize the taking of small game and wild upland game birds by the use of a crossbow by any licensed person [fourteen years of age or older], in any small game season[, in any area designated in items (a), (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two of section 11-0907 of this title in which a shotgun or muzzle loader is permitted]. § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83 of the state finance law, as amended by section 1 of part AA of chapter 58 of the laws of 2015, is amended to read as follows: (i) There is hereby created a special account within the conservation fund to be known as the state fish and game trust account to consist of all moneys received by the state from the sale of lifetime hunting, fishing, and trapping licenses, and lifetime archery and muzzle-loading privileges pursuant to section 11-0702 of the environmental conservation law except those moneys deposited in the habitat conservation and access account pursuant to section eighty-three-a of this chapter. The state comptroller shall invest the moneys in such account in securities as defined by section ninety-eight-a of this article OR, WITHIN THE DISCRETION OF THE COMPTROLLER TO MAXIMIZE INCOME FOR THE ACCOUNT, IN INVESTMENTS AUTHORIZED BY SECTION ONE HUNDRED SEVENTY-SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW. Any income earned by the investment of such moneys, except income transferred to the conservation fund pursuant to subparagraph (iii) of this paragraph, shall be added to and become a part of, and shall be used for the purposes of such account. § 14. This act shall take effect immediately. PART Y Section 1. Section 27-2701 of the environmental conservation law, as added by chapter 641 of the laws of 2008, subdivision 2 as amended and subdivision 7 as added by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2701. Definitions. As used in this title: 1. "Compostable plastic bag" means a plastic bag that at a minimum meets the American Society for Testing and Materials standard D6400 for compostable plastic, as amended. 2. "Manufacturer" means the producer of a plastic carryout bag or OTHER film plastic sold to a store or the manufacturer's agent or broker who sold the plastic carryout bag or OTHER film plastic to the store. 3. "Operator" means a person in control of, or having daily responsi- bility for, the daily operation of a store, which may include, but is not limited to, the owner of the store. 4. "Plastic carryout bag" means a [plastic] carryout bag MADE OF FILM PLASTIC provided by a store to a customer at the point of sale THAT IS NOT A REUSABLE BAG. 5. "Reusable bag" means A BAG DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE THAT: S. 2508--A 67 A. 3008--A (a) [a bag] IS EITHER made of [cloth] (I) HAND WASHABLE or [other] machine washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET), POLYES- TER, OR NYLON FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH MATERIALS; or [(b) a durable plastic bag with handles that is specifically designed and manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC WASHA- BLE MATERIAL; AND (B) HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN PARA- GRAPHS (C) AND (D) OF THIS SUBDIVISION; (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE EQUAL TO THE ABILITY TO CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND (D) HAS A MINIMUM FABRIC WEIGHT OF EIGHTY GRAMS PER SQUARE METER ("GSM") OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC, INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET), COTTON, JUTE, OR CANVAS. 6. "Store" means a retail establishment that [provides] PROVIDES plas- tic carryout bags to its customers as a result of the sale of a product OR PROVIDED SUCH BAGS ANY TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY and (a) has over ten thousand square feet of retail space, or (b) such retail establishment is part of a chain engaged in the same general field of business which operates five or more units of over five thou- sand square feet of retail space in this state under common ownership and management. 7. "Film plastic" means [uncontaminated non-rigid film plastic packag- ing products composed of plastic resins, which include,] A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR NON-PETROLEUM-BASED PLASTIC RESIN OR OTHER MATERIAL COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH INCLUDE, but are not limited to, newspaper bags, [dry cleaning bags and] GARMENT BAGS, shrink-wrap, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD AND OTHER PLASTIC OVERWRAP. 8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC. § 2. Section 27-2703 of the environmental conservation law, as added by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap- ter 481 of the laws of 2014, is amended to read as follows: § 27-2703. Store operator responsibilities. 1. The operator of a store shall establish an at-store recycling program pursuant to the provisions of this title that provides an oppor- tunity for a customer of the store to return to the store clean plastic carryout bags and OTHER film plastic. 2. A retail establishment that does not meet the definition of a store [and that provides plastic carryout bags to customers at the point of sale] may also adopt an at-store recycling program. § 3. Section 27-2705 of the environmental conservation law, as added by chapter 641 of the laws of 2008 and subdivisions 2, 3 and 4 as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2705. Recycling program requirements. An at-store recycling program provided by the operator of a store shall require: 1. [a plastic carryout bag provided by the store to have printed or displayed on the bag, in a manner visible to a consumer, the words "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev- er, such store shall be allowed for one year from the effective date of S. 2508--A 68 A. 3008--A this subdivision to use its existing stock of plastic carryout bags. A store may also apply to the commissioner for approval of an alternative plastic bag recycling message. The commissioner shall approve or reject the proposed message within forty-five days; 2.] a collection bin that is visible, easily accessible to the consum- er, and clearly marked that the collection bin is available for the purpose of collecting and recycling plastic carryout bags and OTHER film plastic. This subdivision shall apply to stores not within an enclosed shopping mall and stores of at least fifty thousand square feet within an enclosed shopping mall. In the case of an enclosed shopping mall, the owner of the enclosed mall shall place bins at reasonable intervals throughout the enclosed mall area; [3.] 2. all plastic carryout bags and OTHER film plastic collected by the store to be collected, transported and recycled along with any other in-store plastic recycling, except for FILM plastic bags that are not sufficiently free of foreign material to enter the recycling stream. Plastic carryout bags and OTHER film plastic collected by the store or the manufacturer, which are free of foreign material, shall not be disposed of in any solid waste disposal facility permitted or authorized pursuant to title seven of this article; [4.] 3. the store or its agent to maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and OTHER film plastic collected by weight, provided however that stores or its agents may weigh such PLASTIC bags, film plastic and any other in-store plastic recycling at a regional collection center. Such records shall be made available to the depart- ment upon request, to demonstrate compliance with this title; and [5.] 4. the operator of the store to (a) make reusable bags available to customers within the store for purchase, and (b) permit a [reuseable] REUSABLE bag to be used in lieu of a [plastic carryout bag or] paper CARRYOUT bag. § 4. Section 27-2707 of the environmental conservation law, as added by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap- ter 481 of the laws of 2014, is amended to read as follows: § 27-2707. Manufacturer responsibilities. 1. When the manufacturer accepts plastic carryout bags and OTHER film plastic for return, it or its agent shall maintain, for a minimum of three years, records describing the collection, transport and recycling of plastic carryout bags and OTHER film plastic collected by weight, provided that the manufacturer or its agents may weigh such bags, film plastic and any other plastic resins at a regional collection center. Such records shall be made available to the department upon request, to demonstrate compliance with this title. 2. Manufacturers of compostable plastic bags sold to stores in the state that are subject to the provisions of this title shall have print- ed on the bag, in a manner visible to the consumer, the words "COMPOSTA- BLE BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags may be sold or distributed for one year from the effective date of this section to use the store's existing stock of compostable bags.] § 5. Section 27-2709 of the environmental conservation law, as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2709. Department responsibility. 1. The department shall develop educational materials to encourage the reduction, reuse and recycling of plastic carryout bags and OTHER film plastic and shall make those materials available to stores required to comply with this article. S. 2508--A 69 A. 3008--A 2. The department shall provide information regarding the availability of recycling facilities and companies that recycle FILM plastic bags and OTHER film plastic, including the addresses and phone numbers of such facilities and companies to stores required to comply with this article. § 6. Section 27-2713 of the environmental conservation law, as amended by chapter 481 of the laws of 2014, is amended to read as follows: § 27-2713. Preemption. Jurisdiction in all matters pertaining to plastic CARRYOUT bag and OTHER film plastic recycling is by this article vested exclusively in the state. Any provision of any local law or ordinance, or any rule or regulation promulgated thereto, governing the recycling of plastic CARRYOUT bags and OTHER film plastic shall, upon the effective date of this title, be preempted. Provided however, nothing in this section shall preclude a person from coordinating for recycling or reuse the collection of plastic CARRYOUT bags or OTHER film plastic. § 7. Section 27-2801 of the environmental conservation law, as added by section 2 of part H of chapter 58 of the laws of 2019, is amended to read as follows: § 27-2801. Definitions. As used in this title: 1. "Exempt bag" means a bag THAT IS: (a) used solely to contain or wrap uncooked meat, fish, or poultry; (b) [bags] used by a customer solely to package bulk items such as fruits, vegetables, grains, or candy; (c) [bags] used solely to contain food sliced or prepared to order; (d) [bags] used solely to contain a newspaper for delivery to a subscriber; (e) [bags sold] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU- TOR in bulk QUANTITIES AND SOLD to a consumer [at the point of sale]; (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage [bags] BAG; (h) USED AS A garment [bags] BAG; (i) [bags] prepackaged, PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas- tic carryout [bags] BAG provided by a restaurant, tavern or similar food service establishment, as defined in the state sanitary code, to carry- out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy to carry prescription drugs; OR (L) A REUSABLE BAG. 2. "Plastic carryout bag" means any plastic bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to [carry] TRANSPORT tangible personal prop- erty, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regard- less of whether any tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. A BAG THAT MEETS THE REQUIREMENTS OF A REUSABLE BAG, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION, IS NOT A PLASTIC CARRYOUT BAG. 3. "Paper carryout bag" means a paper bag, other than an exempt bag, that is provided to a customer by a person required to collect tax to be used by the customer to carry tangible personal property, regardless of whether such person required to collect tax sells any tangible personal property or service to the customer, and regardless of whether any tangible personal property or service sold is exempt from tax under article twenty-eight of the tax law. 4. "Reusable bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE REUSE THAT: (a) IS EITHER made of [cloth] (I) HAND WASHABLE or [other] machine washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE- TEREPHTHALATE (PET), POLYES- TER, OR NYLON FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH MATERIALS; or [(b) a durable bag with handles that is specifically S. 2508--A 70 A. 3008--A designed and manufactured for multiple reuse.] (II) OTHER NON-FILM PLAS- TIC WASHABLE MATERIAL; AND (B) HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION; (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE EQUAL TO THE ABILITY TO CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND (D) HAS A MINIMUM FABRIC WEIGHT OF EIGHTY GRAMS PER SQUARE METER ("GSM") OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC,, INCLUDING WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET), COTTON, JUTE, OR CANVAS. 5. "FILM PLASTIC" MEANS A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR NON-PETROLEUM BASED PLASTIC RESIN OR OTHER MATERIAL (NOT INCLUDING A PAPER CARRYOUT BAG) COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT BAGS, SHRINK- WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND OTHER PLASTIC OVERWRAP. [5.] 6. "Person required to collect tax" means any vendor of tangible personal property subject to the tax imposed by subdivision (a) of section eleven hundred five of the tax law. § 8. Section 27-2803 of the environmental conservation law, as added by section 2 of part H of chapter 58 of the laws of 2019, is amended to read as follows: § 27-2803. Plastic carryout bag ban. 1. No person required to collect tax shall distribute, FOR FREE OR FOR SALE, any plastic carryout bags to its customers unless such bags are exempt bags as defined in subdivision one of section 27-2801 of this title. 2. No person required to collect tax shall prevent a person from using a bag of any kind that they have brought for purposes of carrying goods. 3. [Nothing in this section shall be deemed to exempt the provisions set forth in title 27 of this article relating to at store recycling] ANY PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND RECYCLING REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU- SAND TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN FOR COLLECTION AND RECYCLING PLASTIC CARRYOUT BAGS AND OTHER FILM PLASTIC, SHALL CONTINUE TO COMPLY. § 9. This act shall take effect immediately. PART Z Section 1. Part UU of chapter 58 of the laws of 2020, authorizing the county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands, is amended to read as follows: PART UU Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the Bay Park Convey- ance Project. Each component is wholly contained within a Subpart iden- tified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a S. 2508--A 71 A. 3008--A reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subject to the provisions of this act, the county of Nassau, acting by and through the county legislature of such county, is hereby authorized to (a) discontinue permanently the use as parkland the subsurface lands described in sections [four, five, seven, eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act and establish permanent easements on such lands for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in sections [three, six and nine] TWO, FIVE AND EIGHT of this act and establish temporary easements on such lands for the purpose of constructing a subsurface sewer main. Authorization for the temporary easements described in sections [three, six, and nine] TWO, THREE, FIVE, EIGHT, AND TEN of this act shall cease upon the completion of the construction of such sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the estab- lishment of such temporary easements. Authorization for the permanent easements described in sections [four, five, seven, eight, ten] FOUR, SIX, EIGHT and [eleven] TEN of this act shall require that the depart- ment of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. [§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Nassau dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.] § [3.] 2. TEMPORARY EASEMENT - Force main shaft construction area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northerly line of the Nassau County Sewage Treatment Plant prop- erty, said Point of Beginning being South [68°00'] 68°06'12" East, as measured along northerly line of said sewage treatment plant, [543] 535.50 feet plus or minus, from the intersection of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South [68°00'] 68°06'12" East, along the norther- ly line of said sewage treatment plant, [247] 249.60 feet plus or minus; thence South [07°04'] 07°20'58" West [196] 198.58 feet plus or minus; thence North [78°37'] 78°30'32" West [33] 35.88 feet plus or minus; thence North [06°10'] 06°10'23" East [105] 89.20 feet plus or minus; thence North [30°53'] 33°17'21" West [56] 78.28 feet plus or minus; thence North [64°27'] 66°13'52" West [190] 173.72 feet plus or minus; thence North [20°21'] 19°56'50" East [49] 62.50 feet plus or minus, to the northerly line of the Nassau County Sewage Treatment Plant, at the Point of Beginning. Containing within said bounds [19,700] 23,089 square S. 2508--A 72 A. 3008--A feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FIFTY-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section [four] THREE of this act. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § [4.] 3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a [permanent] TEMPORARY easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 25 feet, the center of said circle being the following three (3) courses from the intersection of the northerly line of the Nassau County Sewage Treatment Plant with the westerly side of Compton Street: [running thence] South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, [581] 573.10 feet plus or minus to the centerline of the permanent easement for a force main described in section five of this act; thence South [21°34'] 22°24'56" West, along said centerline, [17] 19.74 feet plus or minus; thence South [14°28'] 22°24'56" West, [continuing] along THE PRODUCTION OF said centerline, [1,439] 5.25 feet [plus or minus], to the center of the herein described circular easement. Containing within said bound [707] 1,963 square feet plus or minus. Said [permanent] TEMPORARY ease- ment is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly line of the Nassau County Sewage Treatment Plant property, said Point of Beginning being South [68°00'] 68°06'12" East, as measured along northerly line of said sewage treatment plant, [571] 563.10 feet plus or minus, from the inter- section of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, 20.00 feet plus or minus; thence South [21°34'] 22°24'56" West [17] 19.15 feet plus or minus; thence South [14°28'] 14°35'11" West [1,463] 1446.44 feet plus or minus; thence North [75°32'] 75°24'49" West 20.00 feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81 feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet plus or minus, to the northerly line of the Nassau County Sewage Treat- ment Plant, at the Point of Beginning. Containing within said bounds [29,600] 29,337 square feet. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel S. 2508--A 73 A. 3008--A being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § [6.] 5. TEMPORARY EASEMENT - Force main shaft construction area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northwesterly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being [more particularly described as commencing at the] NORTH 44°03'41" EAST 50.26 FEET PLUS OR MINUS, FROM THE intersection of the [southerly side of Sunrise Highway Street] NORTHERLY LINE OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPART- MENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side of Lakeview Road, FORMERLY KNOWN AS OLD MILL ROAD; running thence [southerly] along the southeasterly side of Lakeview Road [243 feet plus or minus, to the centerline of the], NORTH 44°03'41" EAST 237.63 FEET PLUS OR MINUS; THENCE SOUTH 50°48'50" EAST 70.10 FEET PLUS OR MINUS; THENCE PARTLY THROUGH THE AFOREMENTIONED LANDS LICENSED TO THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION), SOUTH 43°39'59" WEST 239.51 FEET; THENCE PARTIALLY THROUGH A permanent [subsurface] DRAINAGE easement [for force main described in section eight of this act; thence South 60°06' East, along said centerline, 25 feet plus or minus, to the northwesterly line of the temporary easement] GRANTED FROM THE CITY OF NEW YORK TO THE COUNTY OF NASSAU, AS SHOWN ON MAP OF REAL PROPERTY TO BE ACQUIRED for the [force main shaft construction area] IMPROVEMENT OF BELLMORE CREEK FROM WILSON AVENUE TO LAKEVIEW ROAD, FILED FEBRUARY 8, 1979, AT THE NASSAU COUNTY CLERK'S OFFICE AS MAP NO. H-1841, AND ALSO THROUGH THE AFOREMENTIONED LICENSED LANDS, NORTH 49°12'28" WEST 71.62 FEET PLUS OR MINUS; TO THE SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD, at the Point of Beginning. [Running thence North 39°06' East 111 feet plus or minus; thence South 55°47' East 70 feet plus or minus; thence South 38°42' West 240 feet plus or minus; thence North 54°11' West 72 feet plus or minus; thence North 39°06' East 127 feet plus or minus, to the Point of Beginning.] Containing within said bounds [16,900] 16,864 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter PERMANENT access shaft. The location of said PERMANENT access shaft is more particularly described in section [seven] SIX of this act. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § [7.] 6. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more S. 2508--A 74 A. 3008--A particularly bounded and described as follows: [a circular easement with a radius of 15 feet,] BEGINNING AT A POINT ON the [center] of SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD, said [circle] POINT OF BEGINNING being [the following two (2) courses] NORTH 44°03'41" EAST 170.39 FEET PLUS OR MINUS, from the intersection of the [southerly side of Sunrise Highway] NORTHERLY LINE OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side of Lakeview Road[: Southerly], FORMERLY KNOWN AS OLD MILL ROAD; RUNNING THENCE, along the southeasterly side of Lakeview Road [243 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section eight of this act; South 60°06' East, along said centerline, 51], NORTH 44°03'41" EAST 25.04 feet plus or minus, to the [center of the herein described circular easement.] BEGINNING OF A NON-TANGENT CURVE; THENCE 111.59 FEET PLUS OR MINUS ALONG SAID NON-TANGENT CIRCULAR CURVE TO THE RIGHT THAT HAS A RADIUS OF 22.00 FEET, SUBTENDS AN ANGLE OF 290°37'31", AND HAS A CHORD THAT BEARS SOUTH 44°03'41" WEST 25.04 FEET, TO THE POINT OF BEGINNING. Containing within said bounds a surface area of [707] 1,454 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approxi- mate depth of 70 feet. THE PERMANENT EASEMENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAIN- TENANCE, REPAIR AND RECONSTRUCTION. Any permanent surface improvements FOR A MANHOLE OR for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § [8.] 7. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning at a point on the southeasterly side of Lakeview Road, said Point of Beginning being southwesterly 222 feet plus or minus, as measured along the southeasterly side of Lakeview Road from the intersection of the southerly side of Sunrise Highway with the southeasterly side of Lakeview Road; thence South 60°06' East 49 feet plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence South 16°16' West 53 feet plus or minus; thence North 32°15' West 1,785 feet plus or minus; thence North 60°06' West 53 feet plus or minus, to the southeasterly side of Lakeview Road; thence North 48°13' East, along the southeasterly side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning. Containing within said bounds 72,900 square feet plus or minus.] BEGINNING AT THE INTERSECTION OF THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE SOUTHERLY LINE OF A PERMANENT EASEMENT GRANTED BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION) TO THE TOWN OF HEMPSTEAD FOR HIGHWAY PURPOSES SHOWN AS S. 2508--A 75 A. 3008--A PARCEL E ON MAP NO. 21R-1651, DATED SEPTEMBER 30, 1935 AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA- TION, WITH THE EASTERLY SIDE OF LINDEN STREET, ALSO BEING THE WESTERLY SIDE OF WANTAGH STATE PARKWAY; RUNNING THENCE SOUTH 87°54'31" WEST 16.42 FEET PLUS OR MINUS, ALONG THE SOUTHERLY SIDE OF THE WANTAGH STATE PARK- WAY; THENCE THROUGH THE AFOREMENTIONED EASEMENT, NORTH 49°40'30" WEST 172.07 FEET PLUS OR MINUS; THENCE PARTIALLY THROUGH LANDS LICENSED TO THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION), AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, ALSO AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, NORTH 32°14'44" WEST 1,935.06 FEET; THENCE NORTH 60°00'15" WEST 18.68 FEET PLUS OR MINUS, TO THE SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD; THENCE ALONG THE SOUTHEASTERLY SIDE OF LAKE- VIEW ROAD, NORTH 44°03'41" EAST 20.62 FEET PLUS OR MINUS; THENCE SOUTH 60°00'15" EAST 18.61 FEET PLUS OR MINUS; THENCE THROUGH THE AFOREMEN- TIONED LICENSED LANDS, SOUTH 32°14'44" EAST 1,936.94 FEET; THENCE SOUTH 49°40'30" EAST 294.48 FEET PLUS OR MINUS, TO THE WESTERLY SIDE OF THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE EASTERLY SIDE OF LINDEN STREET; THENCE NORTHWESTERLY ALONG THE WESTERLY SIDE OF THE WANTAGH STATE PARKWAY, BEING ALSO THE EASTERLY SIDE OF LINDEN STREET, 113.74 FEET PLUS OR MINUS ALONG THE ARC OF A NON-TANGENT CURVE, BEARING TO THE LEFT, HAVING A RADIUS OF 1,233.00', A CHORD THAT BEARS NORTH 54°10'34" WEST 113.70 FEET PLUS OR MINUS, TO THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY, AT THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 43,088 SQUARE FEET PLUS OR MINUS. The above described perma- nent easement is for the construction and operation of a six-foot diam- eter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map. § [9.] 8. TEMPORARY EASEMENT - Force main shaft construction area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: [begin- ning] BEGINNING at a point on the northerly line of the herein described temporary easement for [the force main shaft] construction [area] STAG- ING, said Point of Beginning being more particularly described as commencing at the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence [southerly] SOUTH 02°05'40" EAST, along the easterly side of Wantagh Parkway [319], 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section [eleven] TEN of this act; thence South [19°15'] 19°14'42" East, along said centerline, [257] 166.40 feet plus or minus, to the northerly line of the temporary ease- ment for [the force main shaft] construction [area] STAGING, at the Point of Beginning. Running thence North [87°25'] 87°24'47" East 122.41 feet plus or minus; thence [south 33°56'] SOUTH 33°56'04" East [68] 67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69 S. 2508--A 76 A. 3008--A feet plus or minus; thence South [86°38'] 86°37'33 West 78.30 feet plus or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or minus; thence South [47°04'] 47°03'34" West [103] 102.51 feet plus or minus; thence South [86°22'] 86°22'25" West [28] 27.76 feet plus or minus; thence North [08°39'] 07°01'12" West [264] 263.59 feet plus or minus; thence North [87°25'] 87°24'47" East [53] 45.17 feet plus or minus, to the Point of Beginning. Containing within said bounds [36,500] 35,505 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section ten of this act. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § [10.] 9. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 22 feet, the center of said circle being the following two (2) courses from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway: [South- erly] SOUTH 02°05'40" EAST along the easterly side of Wantagh Parkway [319], 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section [eleven] TEN of this act; thence South [19°15'] 19°14'42" East, along said centerline, [315] 224.60 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said [permanent] TEMPORARY easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § [11.] 10. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: beginning at a point on the easterly side of THE Wantagh STATE Parkway, said Point of Beginning being [southerly 285] SOUTH 02°05'40" EAST 358.86 feet plus or minus[, as measured along the easterly side of Wantagh Parkway] from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence South [19°15'] 19°14'42" East [349] 258.49 feet plus or minus; thence South [02°17'] 02°16'58" East [1,882] 1,725.93 feet plus or minus; thence [South 09°25' East 1,202] SOUTHWESTERLY 43.40 feet plus or minus[; thence South 80°35'] ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADI- US OF 1,075.00 FEET AND A CHORD THAT BEARS SOUTH 25°09'48" West [20 feet plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus; thence North [02°17'] 02°16'58" West [1,880] 1,761.45 feet plus or minus; thence North [19°15'] 19°14'42" West [281] 190.70 feet plus or S. 2508--A 77 A. 3008--A minus, to the easterly side of Wantagh Parkway; thence North [02°09'] 02°05'40" West, along the easterly side of Wantagh Parkway, [68] 67.82 feet plus or minus, to the Point of Beginning. Containing within said bounds [68,000] 39,359 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § [12.] 11. Should the lands described in sections [four, five, seven, eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act cease to be used for the purposes described in section one of this act, the perma- nent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § [13.] 12. In the event that the county of Nassau received any fund- ing support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections [three] TWO through [eleven] TEN of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the county of Nassau has complied with any appli- cable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secre- tary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § [14.] 13. This act shall take effect immediately. SUBPART B Section 1. Subject to the provisions of this act, the village of East Rockaway, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections [four] THREE and [five] FOUR of this act and to grant permanent ease- ments on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsur- face sewer main, and (b) discontinue temporarily the use as parkland the lands described in section [three] TWO of this act and grant temporary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Authorization for the temporary easement described in section [three] TWO of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easement. Authorization for the permanent easements described in sections [four] THREE and [five] FOUR of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. [§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of East Rockaway dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.] S. 2508--A 78 A. 3008--A § [3.] 2. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Parkland upon and under which a temporary easement may be granted pursu- ant to subdivision (b) of section one of this act is described as follows: all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more partic- ularly bounded and described as follows: [beginning] BEGINNING at a point on the westerly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being more particularly described as commencing at the [intersection of the northeasterly side of Long Island Railroad right-of-way with the easterly side of Ocean Avenue; running thence North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the north- erly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14, on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map;] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494, RUNNING thence South [74°46'] 76°23'40" East, [partly along said northerly line, 206] ON THE NORTHERLY PROPERTY LINE PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 53.41 feet plus or minus, to the westerly line of the HEREIN DESCRIBED temporary easement[,] at the Point of Beginning. Running thence North [15°34'] 14°03'08" East [49] 42.21 feet plus or minus; thence South [67°33'] 67°25'43" East [238] 237.47 feet plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or minus; thence South [64°59'] 64°59'21" West [117] 106.15 feet [plus or minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet plus or minus, to the Point of Beginning. Containing within said bounds [23,000] 23,103 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said PERMANENT access shaft is more particularly described in section [four] THREE of this act. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § [4.] 3. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and under which a permanent easement may be granted pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 22 feet, the center of said circle being the following [three (3)] TWO (2) cours- es from the [intersection of the northeasterly side of Long Island Rail- road right-of-way with the easterly side of Ocean Avenue; North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494; South [74°46'] 76°23'40" East, [partly along] ON the [said] northerly PROPERTY line[, 333] PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 185.51 feet plus or minus[,]; to the centerline of S. 2508--A 79 A. 3008--A the PERMANENT subsurface easement for force main, described in section [five] FOUR of this act; thence [South 19°04' West,] along said EASEMENT centerline[, 16] SOUTH 19°04'18" WEST 22.47 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. THE PERMANENT EASE- MENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAINTENANCE, REPAIR AND RECONSTRUCTION. Any perma- nent surface improvements FOR A MANHOLE OR for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be granted pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Hamlet of Oceanside, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the westerly line of the herein described permanent subsurface easement, said Point of Beginning being more particularly described as commencing at the [intersection of the northeasterly side of Long Island Railroad right-of-way with the easterly side of Ocean Avenue; running thence North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly line] NORTHEAST CORNER of property [desig- nated as Section 38 Block E Lot 14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map; thence] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494; RUNNING THENCE South [74°46'] 76°23'40" East, [partly along] ON the [said] northerly PROPERTY line[, 323] PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 175.47 feet plus or minus, to the westerly line of the HEREIN DESCRIBED permanent easement, at the Point of Beginning. Running thence North [19°04'] 19°04'18" East [73] 31.11 feet plus or minus, to the [northerly line of property desig- nated as Section 38 Block E Lot 21A on the Nassau County Land and Tax Map] SOUTHERLY SIDE OF MILL RIVER; thence South [60°10'] 67°42'35" East, along [said northerly line] THE SOUTHERLY SIDE OF MILL RIVER, [20] 20.03 feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet plus or minus; thence South [15°40'] 15°40'03" East [116] 55.00 feet plus or minus, to the [south line] NORTHERLY SIDE of [property desig- nated as Section 38 Block E Lot 21A on the Nassau County Land and Tax Map] MILL RIVER; thence North [88°09'] 84°40'35" West [21], ALONG THE NORTHERLY SIDE OF MILL RIVER, 20.33 feet plus or minus; thence North [15°40'] 15°40'03" West [116] 57.60 feet plus or minus; thence North [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the Point of Beginning. Containing within said bounds [4,100] 2,167 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of proper- ty designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. S. 2508--A 80 A. 3008--A § [6.] 5. Should the lands described in sections [four] THREE and [five] FOUR of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § [7.] 6. In the event that the village of East Rockaway received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections [three] TWO through [five] FOUR of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the village of East Rockaway has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the inte- rior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § [8.] 7. This act shall take effect immediately. SUBPART C Section 1. Subject to the provisions of this act, the village of Rock- ville Centre, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections [three, four] TWO and [six] FIVE of this act and to grant permanent easements on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as park- land the lands described in sections [five] THREE, FOUR and [seven] SIX of this act and grant temporary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Author- ization for the temporary easements described in sections [five] THREE, FOUR and [seven] SIX of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environ- mental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easements. Authorization for the permanent easements described in sections [three, four] TWO and [six] FIVE of this act shall require that the department of environ- mental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. [§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of Rockville Centre dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.] § [3.] 2. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Incorporated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York, being a 20-foot wide strip of land more particularly bounded and described as S. 2508--A 81 A. 3008--A follows: [the] BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MILL RIVER AVENUE, SAID Point of Beginning being [at] SOUTH 74°20'24" EAST, AS MEASURED ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, 60.73 FEET PLUS OR MINUS FROM the intersection of the northerly side of Mill River Avenue with the easterly side of Riverside Road; running thence [north- erly along the easterly side of Riverside Road 346 feet plus or minus; thence South 13°01' West 346] NORTH 10°26'55" EAST 461.31 feet plus or minus, to the [northerly] SOUTHERLY side of [Mill River] SOUTH PARK Avenue; thence [westerly] along the [northerly] SOUTHERLY side of [Mill River] SOUTH PARK Avenue, [17] SOUTH 79°11'54" EAST 20.00 FEET PLUS OR MINUS, THENCE SOUTH 10°26'55" WEST 463.01 feet plus or minus, to the [easterly side of Riverside Road, at] NORTHERLY SIDE OF MILL RIVER AVENUE, THENCE ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, NORTH 74°20'24" WEST 20.08 FEET PLUS OR MINUS, TO the Point of Beginning. Containing within said bounds [3,100] 9,243 square feet plus or minus. The above described permanent easement is for the construction and oper- ation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property desig- nated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land and Tax Map. § [4.] 3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access Shaft. Parkland upon and under which a [permanent] TEMPORARY easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as a circular easement with a radius of [15] 22 feet, the center of said circle being the following two (2) courses from the intersection of the northerly side of SOUTH Park Avenue with the easter- ly side of [Oxford] CHESTER Road: [Easterly] SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section [six] FIVE of this act; North [13°01'] 10°26'55" East, along said centerline, [953] 953.71 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said [permanent] TEMPORARY easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F [and Section: 38, Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map. § [5.] 4. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incor- porated Village of Rockville Centre, Incorporated Village of East Rocka- way, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: Beginning at a point on the southerly side of the herein described temporary easement for [the force main shaft] construction [area] STAGING, said Point of Beginning being more partic- S. 2508--A 82 A. 3008--A ularly described as commencing at the intersection of the northerly side of SOUTH Park Avenue with the easterly side of [Oxford] CHESTER Road; running thence [easterly] SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section [six] FIVE of this act; thence North [13°01'] 10°26'55" East, along said centerline, [920] 920.41 feet plus or minus, to the southerly line of the temporary easement, at the Point of Beginning. Running thence North [76°19'] 76°19'09" West [136 feet plus or minus, to the easterly termi- nus of Merton Avenue (unopened); thence North 76°19' West, through the unopened part of Merton Avenue, 48] 185.92 feet plus or minus; thence North [14°49'] 14°49'03" East [5' feet plus or minus, to the northerly side of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or minus; thence South [76°29'] 76°28'34" East [66] 65.98 feet plus or minus; thence North [36°47'] 36°46'43" East [61] 60.84 feet plus or minus; thence North [78°41'] 78°41'29" East [145] 145.19 feet plus or minus; thence South [65°54'] 65°54'19" East [46] 45.62 feet plus or minus; thence South [29°39'] 29°38'55" WEST 146.71 FEET PLUS OR MINUS; THENCE NORTH 76°19'09" West [147 feet plus or minus; thence North 76°19' West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing within said bounds [22,800] 22,827 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section [four] THREE of this act. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F and [Section: 38, Block: T, Lots: 50A, 50B, 50C] PART OF MERTON AVENUE (NOT OPEN) on the Nassau County Land and Tax Map. § [6.] 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more partic- ularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly side of SOUTH Park Avenue, said [Point of Begin- ning 193 feet plus or minus easterly, as measured] POINT BEING SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, 237.33 FEET PLUS OR MINUS, from the intersection of the northerly side of SOUTH Park Avenue with the easterly side of [Oxford] CHESTER Road; running thence North [13°01'] 10°26'55" East [956] 956.35 feet plus or minus; thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to the [northeasterly line of property designated as Section 38 Block F Lot 50F, on the Nassau County Land and Tax Map] WESTERLY SIDE OF MILL RIVER; thence [South 53°10' East,] along [said northeasterly line, 20] THE WESTERLY SIDE OF MILL RIVER THE FOLLOWING FIVE (5) COURSES SOUTH 10°54'32" EAST 4.49 FEET PLUS OR MINUS; SOUTH 08°32'16" WEST 6.44 FEET PLUS OR MINUS; SOUTH 17°55'44 WEST 8.24 FEET PLUS OR MINUS; SOUTH 10°55'50" WEST 4.90 FEET PLUS OR MINUS; SOUTH 07°44'20" WEST 14.16 feet plus or minus; thence South [44°00'] 40°12'27" West [443] 427.49 feet plus or minus; thence South [13°01'] 10°26'55" West [950] 951.08 feet plus or minus[,] to the northerly side of SOUTH Park Avenue; thence North [79°36'] 79°24'16" West, along [said] THE northerly side OF SOUTH PARK AVENUE, [20] 20.00 feet plus or minus, to the Point of Beginning[; S. 2508--A 83 A. 3008--A containing]. CONTAINING within said bounds [28,000] 28,014 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a mini- mum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F and Section: 38, Block: T, [Lots] LOT: 50A[, 50B, 50C] on the Nassau County Land and Tax Map. § [7.] 6. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incor- porated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly side of Sunrise Highway (New York State Route [27A] 27), said [Point of Begin- ning] POINT being distant [254] 82.57 feet [plus or minus] westerly [as measured] along the northerly side of Sunrise Highway from the [inter- section of] EXTREME WESTERLY AND OF AN ARC OF A CURVE CONNECTING the northerly side of Sunrise Highway with the westerly side of NORTH Forest Avenue[; running]. RUNNING thence [North 86°15' West,] along the north- erly side of Sunrise Highway THE FOLLOWING THREE (3) COURSES: SOUTHWES- TERLY 250.24 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 862.00 FEET AND A CHORD THAT BEARS SOUTH 77°03'07" WEST 249.36 FEET PLUS OR MINUS, [175 feet plus or minus; thence] South [68°26'] 68°43'30" West[, continuing along the northerly side of Sunrise Highway, 111] 161.85 FEET PLUS OR MINUS; SOUTHWESTERLY 20.44 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 592.00 FEET AND A CHORD THAT BEARS SOUTH 69°00'05" WEST 20.44 feet plus or minus; thence North [14°47'] 14°30'46" West [162] 215.45 feet plus or minus, to the southerly side of [the] Long Island Rail Road [right-of-way]; thence [South 86°59' East,] along the southerly side of the Long Island Rail Road, [479] SOUTH 87°41'41" EAST 469.93 feet plus or minus; thence South [01°59'] 02°13'26" West [75] 67.80 feet plus or minus, to the northerly side of [the travelled way of] Sunrise Highway, [then 160 feet plus or minus along the arc or a circular curve to the left that has a radius of 850 feet and a chord that bears South 80°03' West 160 feet plus or minus to] AT the Point of Beginning. Containing within said bounds [50,300] 57,506 square feet plus or minus. The above described temporary easement is necessary for the construction of temporary access to the aqueduct below Sunrise High- way area. Said parcel being part of property designated as Section: 38 Block: 291 Lot: 17 on the Nassau County Land and Tax Map. § [8.] 7. Should the lands described in sections [three, four] TWO and [six] FIVE of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § [9.] 8. In the event that the village of Rockville Centre received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections [three] TWO through [seven] SIX of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the village of Rockville Centre has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the inte- S. 2508--A 84 A. 3008--A rior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § [10.] 9. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. § 2. This act shall take effect immediately. PART AA Section 1. Subparagraph (i) of paragraph 3 of subdivision (a) of section 21 of the tax law, as amended by section 17 of part BB of chap- ter 56 of the laws of 2015, is amended to read as follows: (i) The tangible property credit component shall be equal to the applicable percentage of the cost or other basis for federal income tax purposes of tangible personal property and other tangible property, including buildings and structural components of buildings, which constitute qualified tangible property and may include any related party service fee paid; provided that in determining the cost or other basis of such property, the taxpayer shall exclude the acquisition cost of any item of property with respect to which a credit under this section was allowable to another taxpayer. A related party service fee shall be allowed only in the calculation of the tangible property credit compo- nent and shall not be allowed in the calculation of the site preparation credit component or the on-site groundwater remediation credit compo- nent. The portion of the tangible property credit component which is attributable to related party service fees shall be allowed only as follows: (A) in the taxable year in which the qualified tangible proper- ty described in subparagraph (iii) of this paragraph is placed in service, for that portion of the related party service fees which have been earned and actually paid to the related party on or before the last day of such taxable year; and (B) with respect to any other taxable year for which the tangible property credit component may be claimed under this subparagraph and in which the amount of any additional related party service fees are actually paid by the taxpayer to the related party, the tangible property credit component for such amount shall be allowed in such taxable year. The credit component amount so determined shall be allowed for the taxable year in which such qualified tangible property is first placed in service on a qualified site with respect to which a certificate of completion has been issued to the taxpayer, or for the taxable year in which the certificate of completion is issued if the qualified tangible property is placed in service prior to the issu- ance of the certificate of completion. This credit component shall only be allowed for up to one hundred twenty months after the date of the issuance of such certificate of completion, PROVIDED, HOWEVER, THAT FOR S. 2508--A 85 A. 3008--A QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO THOUSAND TWELVE, THE CREDIT COMPONENT SHALL BE ALLOWED FOR UP TO ONE HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE. § 2. This act shall take effect immediately. PART BB Section 1. Notwithstanding the contrary provisions of section 9-0501 of the environmental conservation law and the contrary provisions of the public lands law, the department of environmental conservation is authorized to grant easements for buried cables on real property within the Farmersville State Forest, Lost Nation State Forest, and Swift Hill State Forest, which meet the following conditions: (a) The easements are for buried electric cables which are part of a wind powered electric generation project located in the towns of Rush- ford, Farmersville, Arcade, Centerville, Freedom, and Machias. (b) The easements are for a portion of the property within Farmers- ville State Forest, Lost Nation State Forest, and Swift Hill State Forest owned by the state and managed by the department of environmental conservation. The buried cables shall be: (1) located underground for approximately 500 feet between turbines 101 and 102 (which are sited on private land), and passing below a section of Farmersville State Forest in Cattaraugus County; (2) located underground for approximately 1,600 feet on the south side of Hess Road along the Farmersville State Forest boundary in Cattaraugus County, turning southwest to follow an existing track for approximately 420 feet, and continuing west along the northern parcel boundary for approximately 1,300 feet to the property line, to connect turbines 100 and 104 (both sited on private land); (3) located underground for approximately 2,950 feet along the west side of North Hill Road in Lost Nation State Forest in Allegany County to connect turbines 73, 75, 76, and 77 (all sited on private land) to the rest of the project; and (4) located underground for approximately 1,150 feet on the east side of Rushford Road, along the western edge of Swift Hill State Forest in Allegany County to connect turbines 124 and 125 (both sited on private land) to the rest of the project. (c) The easements will be conveyed by the department of environmental conservation and take effect only in the event the underground cables proposed to be on such easement lands are certified and approved as part of a wind powered electric generation facility pursuant to article 10 of the public service law. (d) The easements shall terminate when the associated wind powered electric generation project ceases to operate for 18 months as set forth in the easements and the easements shall then revert to the state to be managed by the department of environmental conservation as state forest land. (e) The use of chemicals/herbicides for clearing said easements is prohibited unless prior approval for the same is granted by the depart- ment of environmental conservation, division of lands and forests. § 2. (a) In entering into the easements described in section one of this act, the department of environmental conservation is authorized to grant such easements for fair market value plus twenty percent of the value of the easements plus one hundred thousand dollars upon applica- tion by Alle-Catt Wind Energy LLC. S. 2508--A 86 A. 3008--A (b) An amount, not less than fair market value plus twenty percent of the value of the easements plus one hundred thousand dollars shall be used to obtain for the state an interest in real property for open space purposes in region 9 of the department of environmental conservation from the regional priority conservation projects list in region 9 as part of this state's open space conservation plan. The total payment for such acquisition or acquisitions shall not be less than the value of the easements to be conveyed by the state plus twenty percent of the value of such easements plus one hundred thousand dollars. (c) Any monies received by the department of environmental conserva- tion from Alle-Catt Wind Energy LLC in consideration of these easements shall be deposited into the state environmental protection fund, as established in section 92-s of the state finance law, until such time as they can be used towards the purchase of the real property as contem- plated in subdivision (b) of this section. (d) The description of the easements to be conveyed by this act is not intended to be a legal description, but is intended to identify the easements to be conveyed. As a condition of conveyance Alle-Catt Wind Energy LLC shall submit to the commissioner of environmental conserva- tion for his or her approval an accurate survey and description of lands generally described in this section which may be used in the conveyance thereof. (e) The grant of the easements is conditioned on the issuance of certificates of environmental compatibility and public need pursuant to the provisions of article 10 of the public service law. (f) Compensation for the stumpage value of trees to be felled by the entity shall be deposited in the same manner as in subdivision (b) of this section with the felled trees to become the property of Invenergy LLC. Stumpage value is to be determined by the department of environ- mental conservation forester based on the most recent department of environmental conservation stumpage price report at the time the trees are felled. § 3. The commissioner of environmental conservation may prescribe additional terms for such exchange of real property. Such contract shall not become binding upon the state until approved by the state comp- troller. Title to the land to the people of the state of New York pursu- ant to the provisions of such contract shall be approved by the attorney general, and the deed to the state shall be approved by him or her as to form and manner of execution and recordability before such deed shall be accepted on behalf of the state. Notwithstanding the contrary provisions of the public lands law, the conveyance of the state-owned easements pursuant to such contract shall be without reservation or exception, except as provided for in such contract. Upon certification by the commissioner of environmental conservation to the commissioner of gener- al services of a copy of the contract, and certification that Alle-Catt Wind Energy LLC has complied with all terms and conditions of the contract upon their part to be kept and performed, together with a description of any of the easements to be exchanged, conveyed and/or payments to be made, the commissioner of general services shall convey the easements described in section one of this act in accordance with the provisions of the contract. § 4. This act shall take effect immediately, and shall expire and be deemed repealed five years after such date; provided, however, should the easements be granted within the five years, the term of the ease- ments will establish the end date of the easements. At such time the S. 2508--A 87 A. 3008--A land will revert back to the state of New York for state forest purposes. PART CC Section 1. Section 12 of part F of chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter 65 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2013; provided, however, that the amendments to subdivision 5-a of section 27-1015 of the environmental conservation law, as added by section nine of this act, shall expire and be deemed repealed on April 1, [2021] 2023. § 2. This act shall take effect immediately. PART DD Section 1. This act shall be known and may be cited as the "rail advantaged housing act". § 2. Legislative findings and statement of purpose. The legislature hereby finds, determines and declares: (a) Chapter 106 of the laws of 2019 enacted the New York state climate leadership and community protection act (the "CLCPA"). The CLCPA directed the department of environmental conservation to establish a statewide greenhouse gas emissions limit for 2030 equal to 60% of 1990 emissions, and a statewide greenhouse gas emissions limit for 2050 equal to 15% of 1990 emissions (the "CLCPA limits"). (b) Transportation currently accounts for 36% of the greenhouse gas emissions in New York. New York has an obligation to reduce greenhouse gas emissions in every sector, including transportation. (c) The CLCPA recognizes the need to encourage and facilitate land use and transportation planning strategies to reduce greenhouse gas emis- sions from the transportation sector. (d) In 1946, the legislature declared a housing emergency in New York City. The emergency has continued through the present day. Housing production throughout the New York City metropolitan area has been insufficient to address this emergency for decades. (e) Creating housing in close proximity to commuter rail stations promotes both the goals of the CLCPA and helps to address the housing emergency in New York City. (f) A public policy purpose would be served and the interests of the people of the state would be advanced by expediting the regulatory review of local zoning changes that will lead to the production of hous- ing in close proximity to commuter rail stations. § 3. Definitions. (a) ["Commissioner"] "SECRETARY" shall mean the [commissioner of envi- ronmental conservation or the commissioner's] SECRETARY OF STATE OR THE SECRETARY'S designee. (b) "Commuter rail station" shall mean a rail station, other than a rail station located in New York City, on any rail line operated by either the Long Island Rail Road or the Metro-North Railroad. (c) "Commuter rail station area" shall mean the area within one-half mile of any commuter rail station. (d) "Incremental parking decrease" shall mean, with respect to a rail advantaged housing rezoning proposal, the percentage decrease in public- S. 2508--A 88 A. 3008--A ly accessible vehicle parking proximate to a commuter rail station that such rezoning proposal would cause, if effective. (e) "Incremental population increase" shall mean, with respect to a rail advantaged housing rezoning proposal, the percentage by which the population of a local jurisdiction including the property subject to such rezoning proposal would increase if: (1) such rezoning proposal were to become effective; (2) all of the housing permitted to be built as a result of such rezoning proposal were to be built; and (3) all of such housing were to be fully occupied. (f) "Local jurisdiction" shall mean any city, county, town, village or other political subdivision of the state. (g) "Local agency zoning mitigation account" shall mean an account established by a local agency solely for the purpose of mitigating envi- ronmental impacts due to any rezoning. (h) "Local agency" means any governing body of a local jurisdiction. (i) "Rail advantaged housing" shall mean any housing or residential building located within one-half mile of a commuter rail station. (j) "Rail advantaged housing envelope" shall mean the total square feet of residential space permitted to be built in a commuter rail station area under the zoning regulations applicable to such commuter rail station area. (k) "Rail advantaged housing rezoning proposal" shall mean a proposal for rezoning which, if effective, (1) would increase the rail advantaged housing envelope in the area proposed for rezoning, and (2) would not affect zoning regulations applicable outside a commuter rail station area. (l) "Rezoning" shall mean an action undertaken by a local agency to modify zoning regulations. (m) "Rezoning entity" shall mean a local agency authorized to modify zoning regulations. § 4. Uniform standards and conditions. (a) The [commissioner] SECRETARY shall establish a set of uniform standards and conditions for rail advantaged housing rezoning proposals that are common for all rail advantaged housing rezoning proposals or for particular classes and categories of rail advantaged housing rezon- ing proposals. (b) The uniform standards and conditions established under paragraph (a) of this section shall include: 1. A standard establishing a maximum incremental population increase the exceedance of which by a rail advantaged housing rezoning proposal would cause such rezoning proposal to be deemed to have an environmental impact; 2. A standard establishing a maximum incremental parking decrease the exceedance of which by a rail advantaged housing rezoning proposal would cause such rezoning proposal to be deemed to have an environmental impact; 3. A formula to determine, by reference to any, all, or any combina- tion of the following factors, the amount which, if paid to a local agency zoning mitigation account, would mitigate the impact of housing construction on the quality of a jurisdiction's environment and on a local agency's ability to provide essential public services: such local agency's expenses for public education; such local agency's expenses for maintenance and improvement of roads, bicycle paths, pedestrian walkways and parks; such local agency's expenses to provide drinking water and to manage water quality; and other factors determined by the [commissioner] SECRETARY to be relevant; and S. 2508--A 89 A. 3008--A 4. Any other standards and conditions determined by the [commissioner] SECRETARY. § 5. Expedited zoning review. Whenever a county legislature has adopted a local law to permit rail advantaged housing as defined in section three of this act, the uniform standards established pursuant to section four of this act shall apply to such project if the project is approved. Approval by a rezoning entity of a rail advantaged housing rezoning proposal is contingent upon the approval of the chief executive officer of any town, village or city and shall be deemed to not have a significant effect on the environment under subparagraph (ii) of para- graph (c) of subdivision 2 of section 8-0113 of the environmental conservation law if prior to such approval: (a) the chief executive officer of any town, village or city which includes property subject to such rezoning has certified that such rail advantaged housing rezoning proposal: 1. does not exceed the population increase standard established under paragraph 1 of subdivision (b) of section four of this act; 2. does not exceed the parking decrease standard established under paragraph 2 of subdivision (b) of section four of this act; 3. requires that any person who builds housing pursuant to such rezon- ing proposal must pay to any applicable local agency's local agency rezoning mitigation account an amount not less than the amount deter- mined in accordance with the formula established under paragraph 3 of subdivision (b) of section four of this act to be sufficient to mitigate any impacts caused by such housing; and (b) such rezoning entity has conducted at least one public hearing on such rail advantaged rezoning proposal. § 6. This act shall take effect immediately. PART EE Section 1. Subdivision 5 of section 1902 of the public authorities law, as added by section 6 of part JJJ of chapter 58 of the laws of 2020, is amended to read as follows: 5. Notwithstanding title five-A of article nine of this chapter, OR ANY LAW TO THE CONTRARY, establish a build-ready program, including eligibility and other criteria, pursuant to which the authority would, through a competitive and transparent bidding process, AND USING SINGLE PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR ON BEHALF OF THE AUTHORITY AND HAVING NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL, ACQUIRE, SELL AND transfer rights and other interests in build-ready sites and development rights to developers for the purpose of facilitat- ing the development of renewable energy facilities on such build-ready sites. Such transactions may include the transfer of rights, interests and obligations existing under agreements providing for host community benefits negotiated by the authority pursuant to programs established pursuant to subdivision six of this section on such terms and conditions as the authority deems appropriate; § 2. This act shall take effect immediately; provided however, that the amendments to section 1902 of the public authorities law made by section one of this act shall be subject to the repeal of such section and shall expire and be deemed repealed therewith. PART FF S. 2508--A 90 A. 3008--A Section 1. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 12 of part A of chapter 55 of the laws of 2020, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2021] 2023, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2021] 2023 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam- ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the S. 2508--A 91 A. 3008--A provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; § 2. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 13 of part A of chapter 55 of the laws of 2020, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [twenty-one] TWENTY-THREE. § 3. This act shall take effect immediately. PART GG Section 1. Section 1226 of the vehicle and traffic law, as amended by chapter 506 of the laws of 1971, is amended to read as follows: § 1226. Control of steering mechanism. No person shall operate a motor vehicle without having at least one hand or, in the case of a physically handicapped person, at least one prosthetic device or aid on the steer- ing mechanism at all times when the motor vehicle is in motion UNLESS A DRIVING AUTOMATION SYSTEM, AS DEFINED IN SAE J3016 AS PERIODICALLY REVISED, IS ENGAGED TO PERFORM STEERING FUNCTION. § 2. Subdivision a of section 1 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 1 of part H of chapter 58 of the laws of 2018, is amended to read as follows: a. Notwithstanding the provisions of section 1226 of the vehicle and traffic law, the New York state commissioner of motor vehicles may approve demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology while such motor vehicle is engaged in the use of such technology on public highways within this state for the purposes of demonstrating and assessing the current development of autonomous vehicle technology and to begin iden- tifying potential impacts of such technology on safety, traffic control, traffic enforcement, emergency services, and such other areas as may be identified by such commissioner. [Provided, however, that such demon- strations and tests shall only take place under the direct supervision of the New York state police, in a form and manner prescribed by the superintendent of the New York state police. Additionally, a law enforcement interaction plan shall be included as part of the demon- stration and test application that includes information for law enforce- ment and first responders regarding how to interact with such a vehicle in emergency and traffic enforcement situations. Such demonstrations and tests shall take place in a manner and form prescribed by the commissioner of motor vehicles including, but not limited to: a require- ment that a natural person holding a valid license for the operation of the motor vehicle's class be present within such vehicle for the dura- tion of the time it is operated on public highways; a requirement that the motor vehicle utilized in such demonstrations and tests complies with all applicable federal motor vehicle safety standards and New York state motor vehicle inspection standards; and a requirement that the S. 2508--A 92 A. 3008--A motor vehicle utilized in such demonstrations and tests has in place, at a minimum, financial security in the amount of five million dollars] THE COMMISSIONER SHALL ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THIS ACT. Nothing in this act shall authorize the motor vehicle utilized in such demonstrations and tests to operate in violation of article 22 or title 7 of the vehicle and traffic law, excluding section 1226 of such law. § 3. Section 3 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 2 of part M of chapter 58 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect April 1, 2017; provided, however, that section one of this act shall expire and be deemed repealed April 1, [2021] 2026. § 4. There is hereby established a group to be known as the "Intera- gency Group on Autonomous Vehicle Technology". The group shall be composed of the following members: the commissioner of the department of transportation or his or her designee; the commissioner of the depart- ment of motor vehicles or his or her designee; the director of the New York State thruway authority or his or her designee; the chancellor of the state university of New York or his or her designee; and the direc- tor of the state police or his or her designee. The group shall be responsible for the coordination of all State policy with regard to autonomous vehicle and connected autonomous vehicle technology with the goal of providing quick and efficient modification of regulation in response to evolving industry trends. The group shall study, evaluate and develop recommendations relating to specific actionable measures that address how automated vehicle technology will transform the state's roadways, economy, education system, and society. The group shall study how to support safe testing, deployment and operation of automated vehi- cle technology on public highways. In doing so, the group shall take the following into consideration: (a) the measures necessary to successfully implement automated vehicles, including necessary legislative and regu- latory or administrative changes; (b) the difficulties and liabilities that could arise by allowing automated vehicles on public highways and proper mechanisms to manage risks and ensure adequate risk coverage; (c) how automated vehicle technology can promote research and development in this state; (d) potential infrastructure changes needed and capital planning considerations; and (f) any other issue the group deems rele- vant. § 5. This act shall take effect immediately, provided, however, that section one of this act shall take effect April 1, 2026. PART HH Section 1. The vehicle and traffic law is amended by adding a new section 224-b to read as follows: § 224-B. CONVENIENCE FEE. IN ADDITION TO ANY OTHER FEES PROVIDED FOR IN THIS CHAPTER, A NONREFUNDABLE TECHNOLOGY FEE OF ONE DOLLAR SHALL BE ADDED TO THE APPLICABLE FEE FOR ANY TRANSACTION FOR WHICH A FEE IS CHARGED BY THE DEPARTMENT FOR: THE REGISTRATION, REREGISTRATION OR RENEWAL OF A REGISTRATION OF A MOTOR VEHICLE, MOTORCYCLE, HISTORIC MOTORCYCLE, SNOWMOBILE OR VESSEL; AND THE ISSUANCE OF ANY ORIGINAL, DUPLICATE OR RENEWAL LEARNER PERMIT, DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD. SUCH FEES SHALL BE DEPOSITED TO THE CREDIT OF THE S. 2508--A 93 A. 3008--A DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW. § 2. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 4 of chapter 368 of the laws of 2019, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred five, two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWENTY-FOUR-B AND four hundred one and article [twelve-d] TWELVE-D of the vehicle and traffic law, and section thirty- one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation and the commissioner of motor vehicles pursuant to section fifty-two, section three hundred twenty-six, section eighty- eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section two of part U1 of chapter sixty-two of the laws of two thousand three, subdivision (d) of section three hundred four-a, paragraph one of subdivision (a) and subdivision (d) of section three hundred five, subdivision six-a of section four hundred fifteen and subdivision (g) of section twenty-one hundred twenty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivi- sion thirty-five of section ten of the highway law, and section one hundred forty-five of the transportation law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. § 3. Paragraph (a) of subdivision 3 of section 89-b of the state finance law, as amended by section 5 of chapter 368 of the laws of 2019, is amended to read as follows: (a) The special obligation reserve and payment account shall consist (i) of all moneys required to be deposited in the dedicated highway and bridge trust fund pursuant to the provisions of sections two hundred eighty-nine-e, three hundred one-j, five hundred fifteen and eleven hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWEN- TY-FOUR-B AND four hundred one and article [twelve-d] TWELVE-D of the vehicle and traffic law, and section thirty-one of chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all fees, fines or penalties collected by the commissioner of transportation and the commissioner of motor vehicles pursuant to section fifty-two, section three hundred twenty-six, section eighty-eight of the highway law, subdivision fifteen of section three hundred eighty-five of the vehicle and traffic law, section fifteen of this chapter, excepting moneys deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of section ten of the highway law, and section one hundred forty-five of the transporta- tion law, (iii) any moneys collected by the department of transportation for services provided pursuant to agreements entered into in accordance with section ninety-nine-r of the general municipal law, and (iv) any other moneys collected therefor or credited or transferred thereto from any other fund, account or source. S. 2508--A 94 A. 3008--A § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law and shall expire and be deemed repealed five years after such date; provided, however, that the amendments to para- graph (a) of subdivision 3 of section 89-b of the state finance law, made by section two of this act, shall be subject to the expiration and reversion of such paragraph pursuant to section 13 of part U1 of chapter 62 of the laws of 2003, as amended, when upon such date the provisions of section three of this act shall take effect; provided further that the convenience fee authorized to be collected in connection with fee transactions relating to the registration of motor vehicles, motorcy- cles, historic motorcycles, vessels and snowmobiles shall apply to new registrations issued, reregistrations occurring, and to renewals of registrations expiring, on and after such date; and provided further that the technology fee authorized to be collected in connection with fee transactions relating to learner permits, driver licenses and iden- tification cards shall apply to new learner permits, driver licenses and identification cards issued, and to renewals of learner permits, driver licenses and identification cards expiring, on and after such date. Effective immediately, the addition, amendment and/or repeal of any rule or regulation and any changes in procedures and information technology systems necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART II Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormi- tory authority to enter into certain design and construction management agreements, as amended by section 1 of part B of chapter 58 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2021] 2024. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART JJ Section 1. The opening paragraph of section 5102 of the insurance law is amended and a new subsection (n) is added to read as follows: S. 2508--A 95 A. 3008--A In this [chapter] ARTICLE: (N) "PROVIDER OF HEALTH SERVICES" MEANS A PERSON OR ENTITY WHO OR THAT RENDERS HEALTH SERVICES. § 2. Section 5109 of the insurance law, as added by chapter 423 of the laws of 2005, is amended to read as follows: § 5109. Unauthorized providers of health services. (a) [The super- intendent, in consultation with the commissioner of health and the commissioner of education, shall by regulation, promulgate standards and procedures for investigating and suspending or removing the authori- zation for providers of health services to demand or request payment for health services as specified in paragraph one of subsection (a) of section five thousand one hundred two of this article upon findings reached after investigation pursuant to this section. Such regulations shall ensure the same or greater due process provisions, including notice and opportunity to be heard, as those afforded physicians inves- tigated under article two of the workers' compensation law and shall include provision for notice to all providers of health services of the provisions of this section and regulations promulgated thereunder at least ninety days in advance of the effective date of such regulations.] AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES, THERAPIES OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II) OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THIS ARTICLE. (b) [The commissioner of health and the commissioner of education shall provide a list of the names of all providers of health services who the commissioner of health and the commissioner of education shall deem, after reasonable investigation, not authorized to demand or request any payment for medical services in connection with any claim under this article because such provider of health services] THE SUPER- INTENDENT MAY PROHIBIT A PROVIDER OF HEALTH SERVICES FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE, OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, FOR A PERIOD NOT EXCEEDING THREE YEARS, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT THE PROVIDER OF HEALTH SERVICES: (1) has ADMITTED TO, OR been FOUND guilty of, professional [or other] misconduct [or incompetency], AS DEFINED IN THE EDUCATION LAW, in connection with [medical] HEALTH services rendered under this article; [or (2) has exceeded the limits of his or her professional competence in rendering medical care under this article or has knowingly made a false statement or representation as to a material fact in any medical report made in connection with any claim under this article; or (3)] (2) solicited, or [has] employed another PERSON to solicit for [himself or herself] THE PROVIDER OF HEALTH SERVICES or [for] another PERSON OR ENTITY, professional treatment, examination or care of [an injured] A person in connection with any claim under this article; [or (4) has] (3) refused to appear before, or [to] answer ANY QUESTION upon request of, the [commissioner of health, the] superintendent[,] or any duly authorized officer of [the] THIS state, [any legal question,] or REFUSED to produce any relevant information concerning [his or her] THE conduct OF THE PROVIDER OF HEALTH SERVICES in connection with [rendering medical] HEALTH services RENDERED under this article; [or (5) has] (4) engaged in [patterns] A PATTERN of billing for: S. 2508--A 96 A. 3008--A (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS ARTICLE, WHEN THE HEALTH SERVICES were not [provided] RENDERED, PROVIDED, HOWEVER, THAT AN ADVERSE DETERMINATION BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE BASED ON GOOD FAITH DISPUTES REGARDING THE APPROPRIATENESS OF A PARTICULAR CODE TO DESCRIBE A HEALTH SERVICE; OR (B) UNNECESSARY HEALTH SERVICES, PROVIDED, HOWEVER, THAT AN ADVERSE DETERMINATION BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE BASED SOLELY ON THE FACT THAT ONE OR MORE INSURERS HAVE DENIED MULTIPLE CLAIMS SUBMITTED BY THE PROVIDER OF HEALTH SERVICES; (5) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH SERVICES; (6) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES THAT WERE BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE; (7) CEDED OWNERSHIP, OPERATION OR CONTROL OF A BUSINESS ENTITY AUTHOR- IZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES FOR WHICH THE ENTITY IS LEGALLY AUTHORIZED TO PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S OWNERSHIP, OPERATION OR CONTROL IS OTHERWISE PERMITTED BY LAW; (8) COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05 OF THE PENAL LAW; (9) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST PRACTICES; OR (10) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED THEREUNDER. (c) [Providers] A PROVIDER of health services shall [refrain from subsequently treating for remuneration, as a private patient, any person seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FOR ANY HEALTH SERVICES under this article [if such provider pursuant to this section has been prohibited from demanding or requesting any payment for medical services under this article. An injured claimant so treated or examined may raise this as] OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE SUPER- INTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBITION ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action by [such] THE provider OF HEALTH SERVICES for payment for [treatment rendered at any time after such provider has been prohibited from demanding or requesting payment for medical services in connection with any claim under this article] SUCH HEALTH SERVICES. (d) THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL PROVIDE THE SUPERINTENDENT A LIST OF THE NAMES OF ALL PROVIDERS OF HEALTH SERVICES WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FINDINGS PURSU- ANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE VOLUN- TARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW. SUCH PROVIDERS OF HEALTH SERVICES SHALL NOT BE AUTHORIZED TO DEMAND OR REQUEST ANY PAYMENT FOR HEALTH SERVICES IN CONNECTION WITH ANY CLAIM UNDER THIS ARTICLE, OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING THE PERIOD THAT SUCH S. 2508--A 97 A. 3008--A PROVIDERS OF HEALTH SERVICES HAVE VOLUNTARILY RESIGNED OR ARE DISQUALI- FIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW. (E) THE CHAIR OF THE WORKERS' COMPENSATION BOARD SHALL MAINTAIN AND REGULARLY UPDATE A DATABASE CONTAINING A LIST OF PROVIDERS OF HEALTH SERVICES WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FIND- INGS PURSUANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE VOLUNTARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW, AND SHALL MAKE SUCH INFOR- MATION AVAILABLE TO THE PUBLIC. (F) The [commissioner of health and the commissioner of education] SUPERINTENDENT shall maintain [and regularly update] a database contain- ing a list of providers of health services prohibited by this section from demanding or requesting any payment for health services [connected to a claim] RENDERED under this article and shall make [such] THE infor- mation available to the public [by means of a website and by a toll free number]. (G) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY NOT EXCEEDING FIFTY THOUSAND DOLLARS ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTEN- DENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES PURSUANT TO SUBSECTION (B) OF THIS SECTION. ANY CIVIL PENALTY IMPOSED UNDER THIS SECTION THAT IS BASED UPON THE COMMISSION OF A FRAUDULENT INSURANCE ACT, AS DEFINED IN SECTION 176.05 OF THE PENAL LAW, SHALL BE LEVIED IN ACCORDANCE WITH SUBSECTION (C) OF SECTION FOUR HUNDRED THREE OF THIS CHAPTER. [(e)] (H) Nothing in this section shall be construed as limiting in any respect the powers and duties of the commissioner of health, commis- sioner of education, THE CHAIR OF THE WORKERS' COMPENSATION BOARD, or the superintendent to investigate instances of misconduct by a [health care] provider [and, after a hearing and upon written notice to the provider, to temporarily prohibit a provider of health services under such investigation from demanding or requesting any payment for medical services under this article for up to ninety days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRIATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMIS- SIONER OF HEALTH OR THE COMMISSIONER OF EDUCATION IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT. § 3. The superintendent of financial services shall convene a motor vehicle insurance task force, to examine alternatives to the no-fault insurance system as well as other legislative or regulatory initiatives to reduce the cost of motor vehicle insurance. The task force shall issue a report to the governor on its recommendations no later than December 31, 2021. The task force shall be chaired by the superinten- dent of financial services or his or her designee, and the governor shall appoint eight (8) members comprised of consumer representatives, health insurers, trial attorneys, healthcare providers, and insurers. The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties. § 4. This act shall take effect immediately; provided, however that sections one and two of this act shall take effect on the one hundred eightieth day after it shall have become a law. PART KK Section 1. Section 410 of the economic development law is REPEALED. S. 2508--A 98 A. 3008--A § 2. Section 3102-b of the public authorities law, as renumbered by chapter 291 of the laws of 1990, the opening paragraph as amended by chapter 616 of the laws of 1991, paragraph (a) of subdivision 1, subdi- vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of the laws of 2010, subdivisions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to read as follows: § 3102-b. Centers for advanced technology. In order to encourage greater collaboration between private industry and the universities of the state in the development and application of new technologies, the [foundation] DEPARTMENT is authorized to designate for advanced technol- ogy such areas as integrated electronics, optics, biotechnology, tele- communications, automation and robotics, electronics packaging, imaging technology and others [identified by the foundation] as DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION THREE OF PART T OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND TWO, IN AREAS IDENTIFIED BY SUCH DEPARTMENT AS having significant poten- tial for economic growth in New York, or in which the application of new technologies could significantly enhance the productivity and stability of New York businesses. Such designations shall be made in accordance with the standards and criteria set forth in subdivision two of this section. Centers so designated shall be eligible for support from the foundation in the manner provided for in subdivision three of this section, and for such additional support as may otherwise be provided by law. 1. As used in this section: (a) "center for advanced technology" or "center" means a university or university-affiliated research institute or a consortium of such insti- tutions, designated by the [foundation] DEPARTMENT, which conducts a continuing program of basic and applied research, development, and tech- nology commercialization in one or more technological areas, in collab- oration with and through the support of private business and industry; and (b) "applicant" means a university or university-affiliated research institute or a consortium of such institutions which request designation as a center in accordance with such requirements as are established by the [foundation] DEPARTMENT for this purpose. (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 2. The [foundation] DEPARTMENT shall: (a) identify technological areas for which centers should be desig- nated including technological areas that are related to industries with significant potential for economic growth and development in New York state and technological areas that are related to the enhancement of productivity in various industries located in New York state. (b) establish criteria that applicants must satisfy for designation as a center, including, but not limited to the following: (i) an established record of research, development and instruction in the area or areas of technology involved; (ii) the capacity to conduct research and development activities in collaboration with business and industry; (iii) the capacity to secure substantial private and other govern- mental funding for the proposed center, in amounts at least equal to the total of support sought from the state; (iv) the ability and willingness to cooperate with other institutions in the state in conducting research and development activities, and in disseminating research results; and to work with technical and community S. 2508--A 99 A. 3008--A colleges in the state to enhance the quality of technical education in the area or areas of technology involved; (v) the ability and willingness to cooperate with the [foundation] DEPARTMENT and other economic development agencies in promoting the growth and development in New York state of industries based upon or benefiting from the area or areas of technology involved. (c) establish such requirements as it deems appropriate for the format, content and filing of applications for designation as centers for advanced technology. (d) establish such procedures as it deems appropriate for the evalu- ation of applications for designation as centers for advanced technolo- gy, including the establishment of peer review panels composed of nationally recognized experts in the technological areas and industries to which the application is related. (E) NOTWITHSTANDING THE CRITERIA SET FORTH IN THIS SUBDIVISION, OR ANY PROVISION OF LAW TO THE CONTRARY, THE UNIVERSITIES, UNIVERSITY-AFFILIAT- ED RESEARCH INSTITUTES OR A CONSORTIUM OF SUCH INSTITUTIONS DESIGNATED AS CENTERS OF EXCELLENCE UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC DEVELOPMENT LAW ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE THAT AMENDED THIS SECTION SHALL BE DESIGNATED AS CENTERS FOR ADVANCED TECHNOLOGY FOR A PERIOD OF TWO YEARS, DURING WHICH TIME A COMPETITION WILL BE HELD TO AWARD TEN YEAR DESIG- NATIONS TO APPLICANTS DEEMED TO HAVE SIGNIFICANT ECONOMIC IMPACT POTEN- TIAL. THE NUMBER OF AWARDS MADE AS A RESULT OF SUCH COMPETITION SHALL BE AT LEAST EQUAL TO THE NUMBER OF CENTERS OF EXCELLENCE. CENTERS OF EXCEL- LENCE RECEIVING A TWO YEAR CENTER DESIGNATION SHALL INCLUDE: BUFFALO CENTER OF EXCELLENCE IN BIOINFORMATICS AND LIFE SCIENCES; SYRACUSE CENTER OF EXCELLENCE IN ENVIRONMENTAL AND ENERGY SYSTEMS; ALBANY CENTER OF EXCELLENCE IN NANOELECTRONICS; STONY BROOK CENTER OF EXCELLENCE IN WIRELESS AND INFORMATION TECHNOLOGY; BINGHAMTON CENTER OF EXCELLENCE IN SMALL SCALE SYSTEMS INTEGRATION AND PACKAGING; STONY BROOK CENTER OF EXCELLENCE IN ADVANCED ENERGY RESEARCH; BUFFALO CENTER OF EXCELLENCE IN MATERIALS INFORMATICS; ROCHESTER CENTER OF EXCELLENCE IN SUSTAINABLE MANUFACTURING; ROCHESTER CENTER OF EXCELLENCE IN DATA SCIENCE; RENSSE- LAER POLYTECHNIC INSTITUTE, ROCHESTER INSTITUTE OF TECHNOLOGY, AND NEW YORK UNIVERSITY CENTER OF EXCELLENCE IN DIGITAL GAME DEVELOPMENT; CORNELL UNIVERSITY CENTER OF EXCELLENCE IN FOOD AND AGRICULTURE INNO- VATION; ALBANY CENTER OF EXCELLENCE IN DATA SCIENCE IN ATMOSPHERIC AND ENVIRONMENTAL PREDICTION AND INNOVATION; NEW YORK MEDICAL COLLEGE CENTER OF EXCELLENCE IN PRECISION RESPONSES TO BIOTERRORISM AND DISASTER; AND CLARKSON - SUNY ESF CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS. 3. (a) From such funds as may be appropriated for this purpose by the legislature, the [foundation] DEPARTMENT may provide financial support, through contracts or other means, to designated centers for advanced technology, in order to enhance and accelerate the development of such centers. Funds received pursuant to this subdivision may be used for purchase of equipment and fixtures, employment of faculty and support staff, provision of graduate fellowships, and other purposes approved by the [foundation] DEPARTMENT, but may not be used for capital construction. In each case, the amount provided by the [foundation] DEPARTMENT to a center shall be matched by commitments of support from private and governmental other than state sources provided that: (i) funds or in-kind resources provided by the public or private university of which the center is a part may be counted towards the match; (ii) such match shall not be required on a project-by-project basis; S. 2508--A 100 A. 3008--A (iii) matching funds received from businesses with no more than one hundred employees shall count as double the actual dollar amount toward the center's overall match requirement; (iv) funds used by the center for any workforce development activities required by the [foundation] DEPARTMENT shall not be included as part of the center's award when determining the amount of matching funds required by the [foundation] DEPARTMENT. Such activities shall include, but are not limited to, helping incumbent workers expand their skill sets through short courses, seminars, and workshops; providing indus- try-driven research assistant opportunities for students, and aiding in the development of undergraduate and graduate courses in the center's technology focus to help ensure that students are trained to meet the needs of industry; (v) centers may use not more then twenty-five percent of indirect costs towards any match requirements. (b) (I) The [amount provided by the foundation shall be made in accordance with the following: (i) for the academic year in which it is first funded as a designated center, and the five subsequent years, the] amount provided by the [foundation] DEPARTMENT to a center shall be matched equally by the center[; (ii) beginning in the sixth academic year following the academic year in which a center is first funded as a designated center and for each academic year thereafter, amounts provided by the foundation of up to seven hundred fifty thousand dollars shall be matched equally by the center, amounts in excess of seven hundred fifty thousand dollars shall be matched by the center in amounts of at least the percentage set forth herein: in the sixth year, one hundred twenty percent; in the seventh year, one hundred forty percent; in the eighth year, one hundred sixty percent; in the ninth year, one hundred eighty percent; in the tenth year and each year thereafter, two hundred percent; (iii) beginning in the ninth academic year following the academic year in which a center is first funded as a designated center, the foundation shall evaluate such center's area of advanced technology to determine whether it has continued significant potential for enhancing economic growth in New York, or whether the application of technologies in the area could significantly enhance the productivity and stability of New York businesses; (iv) upon]. (II) UPON a finding by the [foundation] DEPARTMENT that an area of advanced technology has continued significant potential for enhancing economic growth in New York, or that the application of tech- nologies in the area could significantly enhance the productivity and stability of New York businesses, the [foundation] DEPARTMENT will initiate a redesignation process in accordance with the standards and criteria set forth in paragraph (b) of subdivision two and in accordance with paragraphs (c) and (d) of subdivision two of this section. [(1) In the event a new center is selected in the redesignation proc- ess, the foundation shall provide funds to such new center in accordance with the funding match requirements set forth in subparagraphs (i) and (ii) of paragraph (a) of this subdivision. (2) In the event a previously designated center is redesignated in the same area of technology, which redesignation is effective for the tenth academic year following the first academic year of both designation and funding, then, in that year and in each year thereafter, the foundation shall provide funds of up to seven hundred fifty thousand dollars to be matched equally by the center, amounts in excess of seven hundred fifty S. 2508--A 101 A. 3008--A thousand dollars shall be matched by the center in amounts of at least two hundred percent. (3)] (III) In the event a currently designated center is not selected in the redesignation process for an additional term, or upon a finding by the [foundation] DEPARTMENT that the area of advanced technology does not have significant potential for enhancing economic growth in New York, or upon a finding that the application of technologies in that area would not significantly enhance the productivity and stability of New York businesses, then the [foundation] DEPARTMENT shall, in the tenth academic year following such center's first both designation and funding, which year shall be the final year of funding for such center, provide an amount of up to five hundred thousand dollars. (c) Continued funding of the operations of each center shall be based upon a showing that: the center continues to comply with the criteria established by the [foundation] DEPARTMENT pursuant to paragraph (b) of subdivision two of this section; a demonstration of assistance to small businesses in New York state through research, technology transfer or other means as approved by the [foundation] DEPARTMENT; evidence of partnerships with other appropriate entities to develop outreach networks and ensure that companies receive access to appropriate federal funding for technology development and commercialization as well as non-research assistance such as general business consulting. Appropriate partners are those with which the center demonstrates a relationship that enhances and advances the center's ability to aid economic growth in New York state; and compliance with the rules, regulations and guide- lines of the [foundation] DEPARTMENT; and, compliance with any contracts between the [foundation] DEPARTMENT and the designated center. (d) Each center shall report on its activities to the [foundation] DEPARTMENT in a manner and according to the schedule established by the [foundation] DEPARTMENT, and shall provide such additional information as the [foundation] DEPARTMENT may require provided, that quantifiable economic development impact measures are not restricted to any period less than five years and that centers provide a full description of all non-quantifiable measures. The [foundation] DEPARTMENT shall evaluate center operations using methods such as site visits, reporting of speci- fied information and peer review evaluations using experts in the field of technology in which the center was designated. The [foundation] DEPARTMENT shall notify each center of the results of its evaluations and findings of deficiencies in the operation of such center or its research, education, or technology commercialization activities and shall work with such centers to remedy such findings. If such factors are not remedied, the [foundation] DEPARTMENT may withdraw the state funding support, in whole or in part, or withdraw the center desig- nation. (e) In order to encourage that the results of center research benefit New York state, designation and continued funding of each center shall be contingent upon each center's establishing within its licensing guidelines the following: after payment of the inventor's share, a reduced payment due to the university of any royalty, income or other consideration earned from the license or sale of intellectual property rights created or developed at, or through the use of, the facilities of the center by any person or entity if the manufacturing or use resulting from such intellectual property rights occurs within New York state. The [foundation] DEPARTMENT shall promulgate rules and regulations regarding the provisions of the licensing guidelines described herein as they S. 2508--A 102 A. 3008--A apply to such reduced payment, and such provisions shall be subject to the approval of the [foundation] DEPARTMENT. 4. From such funds as may be appropriated for this purpose by the legislature, the [foundation] DEPARTMENT may provide grants to any one university or university-affiliated research institution for purposes of planning and program development aimed at enabling such university or university-affiliated research institution to qualify for designation as a center. Such grants shall be awarded on a competitive basis, and shall be available only to those applicants which in the judgment of the [foundation] DEPARTMENT may reasonably be expected to be designated as centers. No applicant shall receive more than one such grant. 5. (a) From such funds as may be appropriated for the purpose of incentive grants or other funds which may be available from the [founda- tion] DEPARTMENT to enhance center activities in areas of crucial inter- est in the state's economic development, the [foundation] DEPARTMENT may provide grants, on a competitive basis, to centers for projects includ- ing, but not limited to, those which: (i) explore new technologies with commercial application conducted jointly by two or more centers or a center and non-center university, college or community college; (ii) are aimed at enhancing or accelerating the process of bringing new products, particularly those under development by new small busi- nesses, to the marketplace; or (iii) increase technology transfer projects with the state's mature manufacturing industries in applying technology in their manufacturing processes or for new product development. (b) State support for incentive grants may be matched on an individual basis by the [foundation] DEPARTMENT, which may consider the type of project and the availability of amounts from private, university and governmental, other than state, sources. 6. (a) The [foundation] DEPARTMENT shall make an annual report of the centers for advanced technology program to the governor and the legisla- ture not later than September first of each year. Such report shall include, but not be limited to, the results of the [foundation's] DEPARTMENT'S evaluation of each center, a description of the achievement of each center, any deficiencies in the operation of each center or its research, education and technology commercialization activities, remedi- al actions recommended by the [foundation] DEPARTMENT, remedial actions taken by each center, a description of the small business assistance provided by each center, a description of any incentive grant program awarded a grant by the [foundation] DEPARTMENT and the achievements of such program, and the amount of financial assistance provided by the [foundation] DEPARTMENT and the level of matching funds provided by each center and the uses of such monies. (b) Annual reports shall include a discussion of any fields of tech- nology that the foundation has identified as having significant poten- tial for economic growth or improved productivity and stability of New York businesses and in which no center for advanced technology has been designated and recommendations of the [foundation] DEPARTMENT as to actions that should be taken. § 3. This act shall take effect immediately, provided, however section one of this act shall take effect April 1, 2023. PART LL S. 2508--A 103 A. 3008--A Section 1. Paragraph (a) of subdivision 1 of section 9-x of the bank- ing law, as amended by section 1 of part C of chapter 126 of the laws of 2020, is amended to read as follows: (a) "Covered period" means March 7, 2020 until the LATER OF DECEMBER 31, 2021 OR THE date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-es- sential gatherings of individuals of any size for any reason in Execu- tive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and 202.31 and as further extended by any future Executive Order, issued in response to the COVID-19 pandemic continue to apply in the county of the qualified mortgagor's residence; § 2. This act shall take effect immediately. PART MM Section 1. This act enacts into law components of legislation relating to eviction and foreclosure protections for tenants and owners of commercial real property. 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 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 five of this act sets forth the general effective date of this act. § 2. Short title. This act shall be known and may be cited as the "COVID-19 Emergency Eviction and Foreclosure Prevention for Tenants and Owners of Commercial Real Property Act of 2021". § 3. Legislative intent. The Legislature finds and declares all of the following: 1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer- gency in response to the Coronavirus disease (COVID-19) pandemic. Meas- ures necessary to contain the spread of COVID-19 have brought about widespread economic and societal disruption, placing the state of New York in unprecedented circumstances. 2. COVID-19 presents a historic threat to public health and the economic well-being of New Yorkers. Commercial tenants and real property owners are facing eviction or foreclosure due to necessary disease control measures that reduced businesses revenue and triggered mass unemployment across the state. 3. The pandemic has further interrupted court operations, the avail- ability of counsel, the ability for parties to pay for counsel, and the ability to safely commute and enter a courtroom, settlement conference and the like. 4. A temporary prohibition of evictions and foreclosures for commer- cial properties is to the mutual benefit of all New Yorkers and will help the state address the financial toll of the pandemic, protect public health, and set the stage for economic recovery. 5. As such, a limited, temporary stay is necessary to protect the public health, financial security, and morals of the people the Legisla- ture represents from the dangers of the COVID-emergency pandemic. SUBPART A S. 2508--A 104 A. 3008--A Section 1. Definitions. For the purposes of this act: 1. "Eviction proceeding" means a summary proceeding to recover possession of real property relating to a commercial unit under the real property actions and proceedings law for nonpayment of rent or any other judicial proceeding to recover possession of commercial real property for nonpayment of rent. 2. "Landlord" includes a landlord, owner of real property and any other person with a legal right to pursue eviction, possessory action, or a money judgment for rent, including arrears, owed or that becomes due during the COVID-19 covered period, as defined in section 1 of chap- ter 127 of the laws of 2020. 3. "Tenant" includes a commercial tenant, or any other person or enti- ty responsible for paying rent, use and occupancy, or any other finan- cial obligation under a lease for real property or tenancy agreement, but does not include a residential tenant of a dwelling unit. 4. "Hardship declaration" means the following statement, or a substan- tially equivalent statement in the tenant's primary language, in 14-point type, published by the office of court administration, whether in physical or electronic form, regarding the financial hardship of the tenant and signed under the penalty of perjury by the tenant: "NOTICE TO COMMERCIAL TENANT: If you have lost income or had increased costs during the COVID-19 pandemic as described in this hardship decla- ration and you sign and deliver this hardship declaration to your land- lord, you cannot be evicted until at least May 1, 2021 for nonpayment of rent. You or your licensees may still be evicted for violating your lease by persistently engaging in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. If your landlord has provided you with this form, your landlord must also provide you with a mailing address and email address to which you can return this form. If your landlord has already started an eviction proceeding against you, you can return this form to either your landlord, the court, or both at any time. You should keep a copy or a picture of the signed form for your records. You will still owe any unpaid rent to your landlord. You should also keep careful track of what you have paid and any amount you still owe. COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19 PANDEM- IC: I am a commercial tenant, lawful occupant, or other person respon- sible for paying rent, use and occupancy, or any other financial obli- gation under a commercial lease or commercial tenancy agreement at (address of commercial property). You must indicate below your qualification for eviction protection by checking the appropriate box and signing the declaration: My business is experiencing financial hardship due to the COVID-19 pandemic, I certify I have not received any federal, state or local aid for businesses harmed by COVID-19, and I am unable to pay my rent or other financial obligations under the lease in full because of the following: ( ) My business was subject to seating, occupancy or on-premises pres- ence limitations due to COVID-19 safety measures as required by New York State Executive Orders and the business suffered a significant loss of income or significant increase in cost, the approximate percentage of which may be required to be provided or proved by documentation; ( ) My business has experienced a reduction in gross receipts by at least thirty-five percent for any three-month term during the COVID-19 S. 2508--A 105 A. 3008--A coverage period that is comparable to a three-month term in 2019, which may be required to be proved by documentation; ( ) My business has experienced a net decrease in employment by at least thirty-five percent for any three-month term during the COVID-19 cover- age period that is comparable to a three-month term in 2019, which may be required to be proved by documentation; or ( ) I attest that my business was in receipt of federal, state, or local aid for businesses financially harmed by COVID-19, however the amounts received _____ (fill in amount) was insufficient to pay fully any arrears, and my business still meets one or more of the criteria laid out above and I qualify for financial hardship under this section. I understand that I must comply with all other lawful terms under my tenancy, lease agreement or similar contract. I further understand that lawful fees, penalties or interest for not having paid rent in full or met other financial obligations as required by my tenancy, lease agree- ment or similar contract may still be charged or collected and may result in a monetary judgment against me. I further understand that my landlord may be able to seek eviction after May 1, 2021, and that the law may provide certain protections at that time that are separate from those available through this declaration. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false." § 2. Notwithstanding any law to the contrary no commercial tenant shall be removed from possession prior to May 1, 2021, except by an eviction proceeding. § 3. Pending eviction proceedings. Any eviction proceeding pending on the effective date of this act, including eviction proceedings filed on or before March 7, 2020, or commenced within thirty days of the effec- tive date of this act shall be stayed for at least thirty days, or to such later date that the chief administrative judge shall determine is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to give tenants an opportunity to submit the hardship declaration pursuant to this act. The court in each case shall promptly issue an order directing such stay and promptly mail the respondent a copy of the hardship declaration. § 4. Prohibition on initiation of eviction proceeding. If there is no pending eviction proceeding and a tenant provides a hardship declaration to the landlord or an agent of the landlord, there shall be no initi- ation of an eviction proceeding against the tenant until at least May 1, 2021, and in such event any specific time limit for the commencement of an eviction proceeding shall be tolled until May 1, 2021. § 5. Required affidavit. 1. No court shall accept for filing any peti- tion or complaint or other filing to commence an eviction proceeding unless the petitioner or an agent of the petitioner or plaintiff files an affidavit of service, attesting to the service of both the eviction papers and an unexecuted copy of the hardship declaration, and accompa- nied by an affidavit by petitioner or plaintiff that: a. at the time of filing, neither the petitioner or the plaintiff nor any agent of the petitioner or plaintiff has received a hardship decla- ration from the respondent or defendant, or S. 2508--A 106 A. 3008--A b. the respondent or defendant has returned a hardship declaration, but the respondent or its licensees are persistently engaging in behav- ior that infringes on the use and enjoyment of other tenants or occu- pants or causes a substantial safety hazard to others, with a specific description of the behavior alleged. 2. Upon accepting a petition or complaint the attorney, judge, or clerk of the court, as the case may be, shall determine whether a copy of the hardship declaration is annexed to the served notice of petition or summons and complaint and, if not, shall ensure that the hardship declaration is attached to such notice or summons. At the earliest possible opportunity, the court shall seek confirmation on the record or in writing from the respondent or defendant that the respondent or defendant has received the hardship declaration and that the respondent or defendant has not submitted a hardship declaration to the petitioner or plaintiff, an agent of the petitioner or plaintiff, or the court. § 6. Pending proceedings. In any eviction proceeding in which an eviction warrant or judgment of possession or ejectment has not been issued, including eviction proceedings filed on or before March 7, 2020, if the tenant provides a hardship declaration to the petitioner or plaintiff, the court, or an agent of the petitioner or the court, the eviction proceeding shall be stayed until at least May 1, 2021. If such hardship declaration is provided to the petitioner or plaintiff or their agent, such petitioner or plaintiff or their agent shall promptly file it with the court, advising the court in writing the index number of all relevant cases. § 7. Sections two, three, four, and six of this act shall not apply if the tenant or its licensees are persistently engaging in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial health or safety hazard to others. § 8. Translation of hardship declaration. The office of court adminis- tration shall translate the hardship declaration, as defined in section one of this act, into Spanish and the six most common languages in the city of New York, after Spanish, and shall post and maintain such trans- lations and an English language copy of the hardship declaration on the website of such office beginning within fifteen days of the effective date of this act. To the extent practicable, the office of court admin- istration shall post and maintain on its website translations into such additional languages as the chief administrative judge shall deem appro- priate to ensure that tenants have an opportunity to understand and submit hardship declarations pursuant to this act. § 9. 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, paragraph, section or part of this act directly involved in the controversy in which the judg- ment shall have been rendered. § 10. This act shall take effect immediately and sections one, two, three, four, five, six, seven, and eight of this act shall expire May 1, 2021. SUBPART B Section 1. This subpart enacts into law components of legislation relating to mortgage foreclosures. S. 2508--A 107 A. 3008--A § 2. Application. This act shall apply to any action to foreclose a mortgage relating to a commercial or multi-family real property. (a) For purposes of this act, real property shall not include residen- tial real property that is subject to the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. (b) For purposes of this act, real property shall not include property that has not been maintained or has not been actively marketed for rental for a continuous period of six months before the submission of a hardship declaration pursuant to this action. (c) Notwithstanding anything to the contrary, this act shall not apply to and does not affect any mortgage loans made, insured, purchased or securitized by a corporate governmental agency of the state constituted as a political subdivision and public benefit corporation, or the rights and obligations of any lender, issuer, servicer, or trustee of such obligations. § 3. Definitions. For the purposes of this act, "Hardship Declaration" means the following statement, or a substantially similar statement, in the mortgagor's primary language, in 14-point type, published by the office of court administration, whether in physical or electronic form and signed under the penalty of perjury stating the following: "NOTICE TO MORTGAGOR: If you have lost income or had increased costs during the COVID-19 pandemic as described in this hardship declaration and you sign and deliver this hardship declaration to your mortgage lender, you cannot be foreclosed on until at least May 1, 2021. You or your licensees may still be evicted for violating your lease by persis- tently engaging in behavior that infringes on the use and enjoyment of other tenants or occupants or causes a substantial safety hazard to others. If your mortgage lender or other foreclosing party has provided you with this form, they must also provide you with a mailing address and email address to which you can return this form. If your mortgage lender or other foreclosing party has already started a foreclosure proceeding against you, you can return this form to either your mortgage lender or the foreclosing party, the court, or both at any time. You should keep a copy or a picture of the signed form for your records. You will still owe any unpaid mortgage payments and lawful fees to your lender. You should also keep careful track of what you have paid and any amount you still owe. COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19 BUSINESS RELATED HARD- SHIP: I am the mortgagor of the property at (address of commercial business). I am experiencing financial hardship and I have not received any federal, state, or local aid for businesses financially harmed by COVID-19, and I am unable to pay my mortgage in full because of one or more of the following: ( ) One or more of my tenants have defaulted on a significant amount of rent payments since March 1, 2020, which may be required to be proved by documentation; ( ) My tenant's business was subject to seating, occupancy or on-premis- es presence limitations due to COVID-19 safety measures as required by New York State Executive Orders and the business suffered a significant loss or income or increase in cost which has resulted in the reduction of a significant amount of rent payments, which may be required to be proved by documentation; S. 2508--A 108 A. 3008--A ( ) I have suffered a significant reduction in revenue or increase in cost for any three-month period during the COVID-19 coverage period, which may be required to be proved by documentation. I attest that if my business was in receipt of federal, state, or local aid for businesses financially harmed by COVID-19, that such amount of ________ (fill in amount), was insufficient to cover my mortgage and my business still meets the criteria laid out above and I qualify for financial hardship under this section. I understand that I must comply with all the other lawful terms under my mortgage agreement. I further understand that lawful fees, penalties or interest for not having paid my mortgage in full as required by my mortgage agreement may still be charged or collected and may result in a monetary judgment against me. I also understand that my mortgage lender or other foreclosing party may pursue a foreclosure action against me on or after May 1, 2021, if I do not fully repay any missed or partial payments and lawful fees. Signed: Printed name: Date signed: NOTICE: You are signing and submitting this form under penalty of law. That means it is against the law to make a statement on this form that you know is false." § 4. Any action to foreclose a mortgage pending on the effective date of this act, including actions filed on or before March 7, 2020, or commenced within thirty days of the effective date of this act shall be stayed for at least thirty days, or to such later date that the chief administrative judge shall determine is necessary to ensure that courts are prepared to conduct proceedings in compliance with this act and to give mortgagors an opportunity to submit the hardship declaration pursu- ant to this act. The court in each case shall promptly issue an order directing such stay and promptly mail the mortgagor a copy of the hard- ship declaration. § 5. If a mortgagor provides a hardship declaration to the foreclosing party or an agent of the foreclosing party, there shall be no initiation of an action to foreclose a mortgage against the mortgagor until at least May 1, 2021, and in such event any specific time limit for the commencement of an action to foreclose a mortgage shall be tolled until May 1, 2021. § 6. No court shall accept for filing any action to foreclose a mort- gage unless the foreclosing party or an agent of the foreclosing party files an affidavit, of service demonstrating the service of a copy of the summons and complaint or notice of petition, along with an unexe- cuted copy of the hardship declaration; and an affidavit by the peti- tioner attesting that at the time of filing, neither the foreclosing party nor any agent of the foreclosing party has received a hardship declaration from the mortgagor. At the earliest possible opportunity, the court shall seek confirmation on the record or in writing that the mortgagor has received a copy of the hardship declaration and that the mortgagor has not returned the hardship declaration to the foreclosing party or an agent of the foreclosing party. If the court determines a mortgagor has not received a hardship declaration, then the court shall stay the proceeding for a reasonable period of time, which shall be no less than ten business days or any longer period provided by law, to ensure the mortgagor received and fully considered whether to submit the hardship declaration. S. 2508--A 109 A. 3008--A § 7. In any action to foreclose a mortgage in which a judgment of sale has been issued prior to the effective date of this act but has not yet been executed as of the effective date of this act, including actions filed on or before March 7, 2020, the court shall stay the execution of the judgment at least until the court has held a status conference with the parties. In any action to foreclose a mortgage, if the mortgagor provides a hardship declaration to the foreclosing party, the court, or an agent of the foreclosing party or the court, prior to the execution of the judgment, the execution shall be stayed until at least May 1, 2021. If such hardship declaration is provided to the foreclosing party or agent of the foreclosing party, such foreclosing party or agent shall promptly file it with the court, advising the court in writing the index number of all relevant cases. § 8. 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, paragraph, section or part of this act directly involved in the controversy in which the judg- ment shall have been rendered. § 9. This act shall take effect immediately and sections one, two, three, four, five, six and seven of this act shall expire May 1, 2021. § 4. 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. § 5. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through B of this act shall be as specifically set forth in the last section of such Subparts. PART NN Section 1. Section 1 of subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, as amended by section 1 of part AAA of chapter 59 of the laws of 2018, is amended to read as follows: Section 1. Contingent upon available funding, and not to exceed [$69,000,000] $140,000,000 moneys from the urban development corporation shall be available for a local government entity, which for the purposes of this section shall mean a county, city, town, village, school district or special district, where (i) on or after June 25, 2015, an electric generating facility located within such local government entity has ceased operations, and (ii) the closing of such facility has caused a reduction in the real property tax collections or payments in lieu of taxes of at least twenty percent owed by such electric generating facil- ity. Such moneys attributable to the cessation of operations, shall be paid annually on a first come, first served basis by the urban develop- ment corporation to such local government entity within a reasonable time upon confirmation from the state office of real property tax services or the local industrial development authority established pursuant to titles eleven and fifteen of article eight of the public S. 2508--A 110 A. 3008--A authorities law, or the local industrial development agency established pursuant to article eighteen-A of the general municipal law that such cessation has resulted in a reduction in the real property tax collections or payments in lieu of taxes, provided, however, that the urban development corporation shall not provide assistance to such local government entity for more than seven years, and shall award payments reflecting the loss of revenues due to the cessation of operations as follows: Award Year Maximum Potential Award 1 no more than eighty percent of loss of revenues 2 no more than seventy percent of loss of revenues 3 no more than sixty percent of loss of revenues 4 no more than fifty percent of loss of revenues 5 no more than forty percent of loss of revenues 6 no more than thirty percent of loss of revenues 7 no more than twenty percent of loss of revenues A local government entity shall be eligible for only one payment of funds hereunder per year. A local government entity may seek assistance under the electric generation facility cessation mitigation fund once a generator has submitted its notice to the federally designated electric bulk system operator (BSO) serving the state of New York of its intent to retire the facility or of its intent to voluntarily remove the facil- ity from service subject to any return-to-service provisions of any tariff, and that the facility also is ineligible to participate in the markets operated by the BSO. The date of submission of a local govern- ment entity's application for assistance shall establish the order in which assistance is paid to program applicants, except that in no event shall assistance be paid to a local government entity until such time that an electric generating facility has retired or become ineligible to participate in the markets operated by the BSO. For purposes of this section, any local government entity seeking assistance under the elec- tric generation facility cessation mitigation fund must submit an attes- tation to the department of public service that a facility is no longer producing electricity and is no longer participating in markets operated by the BSO. After receipt of such attestation, the department of public service shall confirm such information with the BSO. In the case that the BSO confirms to the department of public service that the facility is no longer producing electricity and participating in markets operated by such BSO, it shall be deemed that the electric generating facility located within the local government entity has ceased operation. The department of public service shall provide such confirmation to the urban development corporation upon receipt. The determination of the amount of such annual payment shall be determined by the president of the urban development corporation based on the amount of the differen- tial between the annual real property taxes and payments in lieu of taxes imposed upon the facility, exclusive of interest and penalties, during the last year of operations and the current real property taxes and payments in lieu of taxes imposed upon the facility, exclusive of interest and penalties. The total amount awarded from this program shall not exceed [$69,000,000] $140,000,000. § 2. This act shall take effect immediately; provided, however, that the amendments to section 1 of subpart H of part C of chapter 20 of the laws of 2015 made by section one of this act shall not affect the repeal of such subpart and shall be deemed repealed therewith. S. 2508--A 111 A. 3008--A PART OO Section 1. Section 5 of chapter 108 of the laws of 2020, amending the public service law relating to issuing a moratorium on utility termi- nation of services during periods of pandemics and/or state of emergen- cies, as amended by section 2 of part B of chapter 126 of the laws of 2020, is amended to read as follows: § 5. This act shall take effect immediately [and shall expire March 31, 2021 when upon such date the provisions of this act shall be deemed repealed]. § 2. Subdivisions 6, 7, 8 and 9 of section 32 of the public service law, subdivision 6 as amended and subdivisions 7, 8 and 9 as added by chapter 108 of the laws of 2020, are amended to read as follows: 6. No utility corporation or municipality shall terminate or discon- nect services to any residential customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPO- RARY CUSTOMER, (III) HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the non-payment of an overdue charge for the duration of [the] A state disaster emergency declared pursuant to SECTION TWENTY-EIGHT OF THE executive [order two hundred two of two thousand twenty (herein after "the COVID-19 state of emergency")] LAW ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Utility corporations and municipalities shall have a duty to restore service, to the extent not already required under this chapter, to any residential customer within forty-eight hours if such service has been terminated FOR NON-PAYMENT during the pendency of the [COVID-19] state [of] DISASTER emergency. 7. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO utility corporation or munici- pality shall terminate or disconnect the service of a residential OR SMALL BUSINESS customer because of defaulted deferred payment agreements or arrears owed to the utility corporation or municipality when such customer has experienced a change in financial circumstances AS DEFINED BY THE DEPARTMENT due to [the COVID-19] A state [of] DISASTER emergen- cy[, as defined by the department] AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION. The utility corporation or municipality shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in this article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 8. Every utility corporation or municipality shall provide notice to residential AND SMALL BUSINESS customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION for the purpose of offering S. 2508--A 112 A. 3008--A such customers a deferred payment agreement consistent with the provisions of this article. 9. Implementation of the provisions of this section shall not prohibit a utility or municipality from recovering lost or deferred revenues after the lifting or expiration of [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a utility corporation or municipality from disconnecting service necessary to protect the health and safety of customers and the public. § 3. Subdivision 6 of section 32 of the public service law, as added by chapter 686 of the laws of 2002, is REPEALED. § 4. Subdivisions 9, 10 and 11 of section 89-b of the public service law, as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO water-works corporation shall terminate or disconnect the service of a residential customer account OR THE ACCOUNT OF A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER- EOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, because of defaulted deferred payment agreements or arrears owed to the water-works corporation when such customer has experienced a change in financial circumstances, AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the department] DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. The water-works corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agreement without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 10. Every water-works corporation OR SMALL BUSINESS shall provide notice to residential customers, in a writing to be included with a bill statement or, when appropriate, via electronic transmission, the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 11. Implementation of the provisions of this section shall not prohib- it a water-works corporation from recovering lost or deferred revenues after the lifting or expiration of the [COVID-19] state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- S. 2508--A 113 A. 3008--A ing in this section shall prohibit a water-works corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. § 5. Section 89-l of the public service law, as added by chapter 715 of the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108 of the laws of 2020, is amended to read as follows: § 89-l. Municipal water systems. 1. For the purposes of this section, and for the purposes of any jurisdiction conferred by it upon the public service commission, a municipality is one which owns, maintains or oper- ates, or proposes to own, maintain or operate, a water system, or which sells, furnishes or distributes, or proposes to sell, furnish or distribute, water for domestic, commercial or public uses, whether provided by its own system or the system of a water-works corporation or another municipality. As so limited, the term "municipality" for the purposes of this section, means a city, town, village or public district; and a "public district," as here used, is a district or other territorial division, whether incorporated or not, whose affairs are managed by any officer or officers, person or persons, elected by voters or taxpayers or appointed by a public officer or officers, and includes, without excluding others, a water district, water supply district and a fire district. The other provisions of this chapter shall not apply to such a municipality, nor to its said business of owning, maintaining or operating a water system or of selling, furnishing or distributing water, except such provisions as are applied by this section by express reference. The jurisdiction of the public service commission, with respect to such a municipality or its said business, is that, and only that, provided for in this section. 2. Each such municipality shall file with the public service commis- sion a copy of the annual report of its division, bureau or department of water. 3. No municipality shall terminate or discontinue residential service OR SERVICE TO A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, for the nonpayment of bills, taxes, or fees for the duration of [the] A state disaster emergency declared pursuant to [executive order two hundred two of two thousand twenty (hereinafter the "COVID-19 state of emergency")] SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Every municipality shall have a duty to restore service to any residential customer within forty-eight hours of the effective date of this subdivision if such service has been terminated FOR NON-PAYMENT during the pendency of [the COVID-19] A state [of] DISASTER emergency. 4. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO municipality shall terminate or discontinue the service of a residential OR SMALL BUSINESS customer because of bill arrears, taxes, or fees owed to the municipality when such customer has experienced a change in financial circumstances, AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the department] AS SET FORTH IN SUBDIVISION S. 2508--A 114 A. 3008--A THREE OF THIS SECTION. The municipality shall provide a residential OR SMALL BUSINESS service customer that has experienced a change in finan- cial circumstances due to the [COVID-19] state [of] DISASTER emergency with the right to enter into, or restructure, a deferred payment agree- ment without the requirement of a down payment, late fees, or penalties, as such is provided for in article two of this chapter, WITH SUCH PROHI- BITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 5. Every municipality shall provide notice to residential AND SMALL BUSINESS customers in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circumstances due to the [COVID-19] state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 6. Implementation of the provisions of this section shall not prohibit a municipality from recovering lost or deferred revenues after the lift- ing or expiry of [the COVID-19] A state [of] DISASTER emergency, provided that such means are not inconsistent with the provisions of this article. Nothing in this section shall prohibit a municipality from disconnecting service when it is necessary to protect the health and safety of customers and the public. 7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, FOR THE PURPOSES OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION, A "MUNICIPALITY" SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY ESTABLISHED PURSUANT TO ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW. EVERY MUNICIPALITY SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS- SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE, FOUR, FIVE AND SIX OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER. § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service law, subdivisions 9, 10 and 12 as amended by section 1 of part B of chapter 126 of the laws of 2020, subdivision 11 as added by chapter 108 of the laws of 2020, are amended to read as follows: 9. No telephone corporation shall terminate or disconnect ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE TO a residential service customer OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE- DURES, for the non-payment of an overdue charge for the duration of [the] A state disaster emergency declared pursuant to SECTION TWENTY- EIGHT OF THE executive [order two hundred two of two thousand twenty (hereinafter "the COVID-19 state of emergency")] LAW IN RESPONSE TO A STATE, NATIONAL OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF- ICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. Telephone corporations shall have a duty to restore service, to the extent not already required under this chapter, at the request of any residential OR SMALL BUSINESS customer within forty-eight hours if such service has been terminated during the pendency of the [COVID-19] state [of] DISAS- S. 2508--A 115 A. 3008--A TER emergency and disconnection of such service was due to non-payment of an overdue charge. 10. [For a period of one hundred eighty days after the COVID-19 state of emergency is lifted or expires, no] NO telephone corporation shall terminate or disconnect [the service] ANY SERVICES PROVIDED BY ITS INFRASTRUCTURE of a residential OR SMALL BUSINESS customer account because of defaulted deferred payment agreements or arrears then owed to the telephone corporation when such customer has experienced a change in financial circumstances AS DEFINED BY THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER emergency[, as defined by the depart- ment] AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION. The telephone corporation shall provide such residential OR SMALL BUSINESS customer with the right to enter into, or restructure, a deferred payment agree- ment without the requirement of a down payment, late fees, or penalties, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA- BLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 11. Every telephone corporation shall provide notice to residential customers, AND TO THOSE SMALL BUSINESS CUSTOMERS SET FORTH IN SUBDIVI- SION NINE OF THIS SECTION, in a writing to be included with a bill statement or, when appropriate, via electronic transmission the provisions of this section and shall further make reasonable efforts to contact customers who have demonstrated a change in financial circum- stances due to [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION for the purpose of offering such customers a deferred payment agreement consistent with the provisions of this SECTION AND article TWO OF THIS CHAPTER. 12. Implementation of the provisions of this section shall not prohib- it a telephone corporation from recovering lost or deferred revenues after the lifting or expiration of [the COVID-19] A state [of] DISASTER emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant to such means for recovery as are provided for in this chapter, and by means not inconsistent with any of the provisions of this article. Noth- ing in this section shall prohibit a telephone corporation from discon- necting service at the request of a customer. Nothing in this section shall prohibit a telephone corporation from disconnecting service when it is necessary to protect the health and safety of customers and the public. § 7. Section 216 of the public service law is amended by adding five new subdivisions 6, 7, 8, 9 and 10 to read as follows: 6. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE CABLE TELEVISION COMPANY CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO AN EXECUTIVE ORDER ISSUED IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF- ICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY. CABLE TELE- VISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY RESIDENTIAL S. 2508--A 116 A. 3008--A OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE. 7. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE OF A RESIDENTIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES, AS DEFINED BY THE DEPARTMENT, DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVI- SION SIX OF THIS SECTION. THE CABLE TELEVISION COMPANY SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE REQUIRE- MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 8. EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM- STANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF THIS SECTION AND ARTICLE TWO OF THIS CHAPTER. 9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A CABLE TELEVISION COMPANY FROM RECOVERING LOST OR DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION, PURSUANT TO SUCH MEANS FOR RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY MEANS NOT INCON- SISTENT WITH ANY OF THE PROVISIONS OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO THE JURISDIC- TION OF THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE OF THIS SECTION PURSUANT TO SECTIONS TWENTY-FOUR, TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER, AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER. § 8. Subdivision 1 of section 1020-s of the public authorities law, as amended by chapter 415 of the laws of 2017, is amended to read as follows: 1. The rates, services and practices relating to the electricity generated by facilities owned or operated by the authority shall not be subject to the provisions of the public service law or to regulation by, or the jurisdiction of, the public service commission, except to the extent (a) article seven of the public service law applies to the siting and operation of a major utility transmission facility as defined there- in, (b) article ten of such law applies to the siting of a generating facility as defined therein, (c) section eighteen-a of such law provides for assessment for certain costs, property or operations, (d) to the extent that the department of public service reviews and makes recommen- dations with respect to the operations and provision of services of, and rates and budgets established by, the authority pursuant to section S. 2508--A 117 A. 3008--A three-b of such law, [and] (e) that section seventy-four of the public service law applies to qualified energy storage systems within the authority's jurisdiction, AND (F) SUBDIVISIONS SIX, SEVEN, EIGHT, NINE AND TEN OF SECTION THIRTY-TWO OF THE PUBLIC SERVICE LAW. § 9. The general business law is amended by adding a new section 399- zzzzz, to read as follows: § 399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON- NECTIONS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA- BILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, AND SHALL INCLUDE SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID- ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL SERVICE CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, OR (III) CUSTOMER THAT THE BROADBAND SERVICE PROVIDER CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE PROVIDER NOTIFIES THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM- ER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCEDURES, FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER EMERGENCY DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT DUE TO A SHORT- TERM WEATHER-RELATED DISASTER EMERGENCY. SUCH PERSONS OR ENTITIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO THE EXTENT NOT ALREADY REQUIRED, AT THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY- EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE. 3. NO PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDEN- TIAL OR SMALL BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITH THE RIGHT TO ENTER INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE- MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICABLE TO ALL ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY. 4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL PROVIDE NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN A WRITING TO BE INCLUDED WITH A BILL STATEMENT OR, WHEN APPROPRIATE, VIA ELECTRONIC TRANSMISSION THE PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE S. 2508--A 118 A. 3008--A IN FINANCIAL CIRCUMSTANCES DUE TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION FOR THE PURPOSE OF OFFERING SUCH CUSTOMERS A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW. 5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM RECOVERING LOST OR DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO SUCH MEANS FOR RECOVERY BY MEANS NOT INCONSISTENT WITH ANY OF THE PROVISIONS OF THIS SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE WHEN IT IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND THE PUBLIC. 6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 10. This act shall take effect immediately; provided, however, that this act shall be applicable to relevant executive orders issued on or after the effective date of this act. PART PP Section 1. The general obligations law is amended by adding a new article 18-C to read as follows: ARTICLE 18-C LIBOR DISCONTINUANCE SECTION 18-400. DEFINITIONS. 18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS. 18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR. 18-403. SEVERABILITY. § 18-400. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE TO ANY PARTICULAR CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY S. 2508--A 119 A. 3008--A ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY PREDECESSOR OR SUCCESSOR THEREOF), OR ANY TENOR THEREOF, AS APPLICABLE, THAT IS USED IN MAKING ANY CALCULATION OR DETERMINATION THEREUNDER. 2. "LIBOR DISCONTINUANCE EVENT" SHALL MEAN THE EARLIEST TO OCCUR OF ANY OF THE FOLLOWING: A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED OR WILL CEASE TO PROVIDE LIBOR, PERMANENTLY OR INDEFINITELY, PROVIDED THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR; B. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR, THE UNITED STATES FEDERAL RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN- ISTRATOR FOR LIBOR, A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR INSOLVENCY OR RESOLUTION AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES THAT THE ADMINISTRATOR OF LIBOR HAS CEASED OR WILL CEASE TO PROVIDE LIBOR PERMANENTLY OR INDEFINITELY, PROVIDED THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR; OR C. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT LIBOR IS NO LONGER REPRESENTATIVE. FOR PURPOSES OF THIS SUBDIVISION TWO, A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION THAT AFFECTS ONE OR MORE TENORS OF LIBOR SHALL NOT CONSTITUTE A LIBOR DISCONTINUANCE EVENT WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE TENOR OF LIBOR, IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION AND SUCH TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED, OR (II) PERMITS A PARTY TO CHOOSE FROM MORE THAN ONE TENOR OF LIBOR AND ANY OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B) IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION, CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED. 3. "LIBOR REPLACEMENT DATE" SHALL MEAN: A. IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE OF THE PUBLIC STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN; AND (II) THE DATE ON WHICH THE ADMINISTRATOR OF LIBOR PERMANENTLY OR INDEFINITELY CEASES TO PROVIDE LIBOR; AND B. IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE PUBLIC STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN. FOR PURPOSES OF THIS SUBDIVISION THREE, A DATE THAT AFFECTS ONE OR MORE TENORS OF LIBOR SHALL NOT CONSTITUTE A LIBOR REPLACEMENT DATE WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE TENOR OF LIBOR, IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION AND SUCH TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED, OR (II) PERMITS A PARTY TO CHOOSE FROM MORE THAN ONE TENOR OF LIBOR AND ANY OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B) IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION, CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED. 4. "FALLBACK PROVISIONS" SHALL MEAN TERMS IN A CONTRACT, SECURITY OR INSTRUMENT THAT SET FORTH A METHODOLOGY OR PROCEDURE FOR DETERMINING A BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A BENCHMARK REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH METHOD- OLOGY OR PROCEDURE. S. 2508--A 120 A. 3008--A 5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT. 6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A PRIOR SETTING OF LIBOR), TO REPLACE LIBOR OR ANY INTEREST RATE OR DIVI- DEND RATE BASED ON LIBOR, WHETHER ON A TEMPORARY, PERMANENT OR INDEFI- NITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT. 7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRUMENT, A BENCHMARK REPLACEMENT BASED ON SOFR, WHICH SHALL INCLUDE ANY RECOMMENDED SPREAD ADJUSTMENT AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT SHALL HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY WITH RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT. 8. "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY BE A POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED BENCH- MARK REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRU- MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI- TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT. 9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT TO ANY TYPE OF CONTRACT, SECURITY OR INSTRUMENT, ANY TECHNICAL, ADMINIS- TRATIVE OR OPERATIONAL CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE ASSOCIATED WITH AND REASONABLY NECESSARY TO THE USE, ADOPTION, CALCU- LATION OR IMPLEMENTATION OF A RECOMMENDED BENCHMARK REPLACEMENT AND THAT: A. HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY; AND B. IF, IN THE REASONABLE JUDGMENT OF THE CALCULATING PERSON, THE BENCHMARK REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED PURSU- ANT TO PARAGRAPH A OF THIS SUBDIVISION DO NOT APPLY TO SUCH CONTRACT, SECURITY OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION AND CALCULATION OF THE RECOMMENDED BENCHMARK REPLACEMENT, THEN BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES, ALTER- ATIONS OR MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF THE CALCU- LATING PERSON: (I) ARE NECESSARY TO PERMIT ADMINISTRATION AND CALCULATION OF THE RECOMMENDED BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT IN A MANNER CONSISTENT WITH MARKET PRACTICE FOR SUBSTANTIALLY SIMILAR CONTRACTS, SECURITIES OR INSTRUMENTS AND, TO THE EXTENT PRACTICABLE, THE MANNER IN WHICH SUCH CONTRACT, SECURITY OR INSTRUMENT WAS ADMINISTERED IMMEDIATELY PRIOR TO THE LIBOR REPLACEMENT DATE; AND (II) WOULD NOT RESULT IN A DISPOSITION OF SUCH CONTRACT, SECURITY OR INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES. 10. "DETERMINING PERSON" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY: A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO: (I) DETERMINE THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT ON THE LIBOR REPLACEMENT DATE, (II) CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER MEASUREMENT BASED ON A BENCHMARK, OR S. 2508--A 121 A. 3008--A (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT. 11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD, THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM. 12. "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED OVERNIGHT FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW YORK, AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR ADMINISTRA- TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE. 13. "CALCULATING PERSON" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE THE DETERMINING PERSON) RESPONSIBLE FOR CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT BASED ON A BENCHMARK. 14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA- TION, ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE, SECURITY (WHETHER REPRESENTING DEBT OR EQUITY, AND INCLUDING ANY INTEREST IN A CORPORATION, A PARTNERSHIP OR A LIMITED LIABILITY COMPANY), INSTRUMENT, OR OTHER OBLIGATION. § 18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS. 1. ON THE LIBOR REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL, BY OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI- TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND: A. CONTAINS NO FALLBACK PROVISIONS; OR B. CONTAINS FALLBACK PROVISIONS THAT RESULT IN A BENCHMARK REPLACE- MENT, OTHER THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS BASED IN ANY WAY ON ANY LIBOR VALUE. 2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL- BACK PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE FOR A BENCHMARK REPLACEMENT BASED ON OR OTHERWISE INVOLVING A POLL, SURVEY OR INQUIRIES FOR QUOTES OR INFORMATION CONCERNING INTERBANK LENDING RATES OR ANY INTEREST RATE OR DIVIDEND RATE BASED ON LIBOR SHALL BE DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR INSTRUMENT AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT. 3. THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU- MENT THAT USES LIBOR AS A BENCHMARK AND CONTAINS FALLBACK PROVISIONS THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT THAT IS: A. BASED IN ANY WAY ON ANY LIBOR VALUE; OR B. THE SUBSTANTIVE EQUIVALENT OF PARAGRAPH (A), (B) OR (C) OF SUBDIVI- SION ONE OF SECTION 18-402 OF THIS ARTICLE. A DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH- MARK REPLACEMENT. SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE- MENT SHALL BE: (I) IRREVOCABLE; (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR THE LATEST DATE FOR SELECTING A BENCHMARK REPLACEMENT ACCORDING TO SUCH CONTRACT, SECURITY, OR INSTRUMENT; AND (III) USED IN ANY DETERMINATIONS OF THE BENCHMARK UNDER OR WITH RESPECT TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER THE LIBOR REPLACEMENT DATE. 4. IF A RECOMMENDED BENCHMARK REPLACEMENT BECOMES THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI- VISION ONE OR SUBDIVISION THREE OF THIS SECTION, THEN ALL BENCHMARK REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN ACCORDANCE WITH THE DEFINITION OF BENCHMARK REPLACEMENT CONFORMING CHANGES) TO SUCH S. 2508--A 122 A. 3008--A RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF SUCH CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW. 5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR: A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE- LY OR PROSPECTIVELY, A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY REFERRING SPECIFICALLY TO THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION, "REQUISITE PARTIES" MEANS ALL PARTIES REQUIRED TO AMEND THE TERMS AND PROVISIONS OF A CONTRACT, SECURITY, OR INSTRUMENT THAT WOULD OTHERWISE BE ALTERED OR AFFECTED BY THIS ARTICLE; B. ANY CONTRACT, SECURITY OR INSTRUMENT THAT CONTAINS FALLBACK PROVISIONS THAT WOULD RESULT IN A BENCHMARK REPLACEMENT THAT IS NOT BASED ON LIBOR, INCLUDING, BUT NOT LIMITED TO, THE PRIME RATE OR THE FEDERAL FUNDS RATE, EXCEPT THAT SUCH CONTRACT, SECURITY OR INSTRUMENT SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION; C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION THREE OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A RECOMMENDED BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A RECOMMENDED BENCHMARK REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, EXCEPT THAT SUCH CONTRACT, SECURITY, OR INSTRUMENT SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR D. THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP, FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR HAD BEEN SUBJECT PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT. 6. NOTWITHSTANDING THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW OF THIS STATE, THIS TITLE SHALL APPLY TO ALL CONTRACTS, SECURITIES AND INSTRUMENTS, INCLUDING CONTRACTS, WITH RESPECT TO COMMERCIAL TRANS- ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY ANY OTHER LAW OF THIS STATE. § 18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS A BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE: A. A COMMERCIALLY REASONABLE REPLACEMENT FOR AND A COMMERCIALLY SUBSTANTIAL EQUIVALENT TO LIBOR; B. A REASONABLE, COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT; C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS SIMILAR OR COMPARABLE TO LIBOR; AND D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY RIGHT OR OBLIGATION RELATING TO OR BASED ON LIBOR UNDER OR IN RESPECT OF A CONTRACT, SECURI- TY OR INSTRUMENT. 2. NONE OF: A. A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT DATE, B. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS A BENCHMARK REPLACEMENT; OR C. THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL: (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A PAYMENT, OR AFFECT THE AMOUNT OR TIMING OF SUCH PAYMENT, UNDER ANY CONTRACT, SECURITY, OR INSTRUMENT; OR (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE UNDER ANY CONTRACT, SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE, INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER PROVISION IN ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO UNILATERALLY TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU- S. 2508--A 123 A. 3008--A RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR INSTRUMENT; OR (D) VOIDING OR NULLIFYING ANY CONTRACT, SECURITY OR INSTRUMENT. 3. NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT OF OR RELATED TO THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, AND SUCH SELECTION OR USE OF THE RECOMMENDED BENCHMARK REPLACEMENT OR SUCH DETERMINATION IMPLEMENTATION OR PERFORM- ANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL NOT GIVE RISE TO ANY CLAIM OR CAUSE OF ACTION BY ANY PERSON IN LAW OR IN EQUITY. 4. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETERMINATION, IMPLEMENTATION, OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL BE DEEMED TO: A. NOT BE AN AMENDMENT OR MODIFICATION OF ANY CONTRACT, SECURITY OR INSTRUMENT; AND B. NOT PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS, INTERESTS OR OBLIGATIONS UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT. 5. EXCEPT AS PROVIDED IN EITHER SUBDIVISION ONE OR SUBDIVISION THREE OF SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL NOT BE INTERPRETED AS CREATING ANY NEGATIVE INFERENCE OR NEGATIVE PRESUMPTION REGARDING THE VALIDITY OR ENFORCEABILITY OF: A. ANY BENCHMARK REPLACEMENT THAT IS NOT A RECOMMENDED REPLACEMENT BENCHMARK; B. ANY SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING A SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR C. ANY CHANGES, ALTERATIONS OR MODIFICATIONS TO OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT THAT ARE NOT BENCHMARK REPLACEMENT CONFORMING CHANGES. § 18-403. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR APPLICA- TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID- ITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE. § 2. This act shall take effect immediately. PART QQ Section 1. The general business law is amended by adding a new section 399-zzzzz to read as follows: § 399-ZZZZZ. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERA- TION OF THE COMMUNICATIONS SERVICE PROVIDED BY A WIRELINE, FIXED WIRE- LESS OR SATELLITE SERVICE PROVIDER, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. 2. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE WIRELINE, FIXED WIRELESS OR SATELLITE BROADBAND SERVICE IN NEW YORK STATE SHALL, NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, OFFER HIGH SPEED BROADBAND SERVICE TO LOW-INCOME CONSUMERS WHOSE HOUSEHOLD: (A) IS ELIGIBLE FOR FREE OR REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL LUNCH PROGRAM; OR (B) S. 2508--A 124 A. 3008--A WHOSE ANNUAL GROSS HOUSEHOLD INCOME IS NOT IN EXCESS OF ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDELINES AS UPDATED PERIOD- ICALLY IN THE FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42 U.S.C. § 9902(2). SUCH LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A MINIMUM DOWNLOAD SPEED EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS PER SECOND DOWNLOAD SPEED OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING LOW-INCOME BROADBAND SERVICE SOLD TO CUSTOMERS IN THE STATE SUBJECT TO EXCEPTIONS ADOPTED BY THE PUBLIC SERVICE COMMISSION WHERE SUCH DOWNLOAD SPEED IS NOT REASON- ABLY PRACTICABLE. 3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET FORTH IN THIS SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER MONTH, INCLUSIVE OF ANY RECURRING TAXES AND FEES SUCH AS RECURRING RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN BROADBAND SERVICE AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN- COME BROADBAND SERVICE SUBSCRIBERS TO PURCHASE STANDALONE OR BUNDLED CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY, ONCE EVERY FIVE YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE. 4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI- TY OF BROADBAND SERVICE FOR LOW-INCOME CONSUMERS INCLUDING, BUT NOT LIMITED TO, THE PROMINENT DISPLAY OF, AND ENROLLMENT PROCEDURES FOR, SUCH SERVICE ON ITS WEBSITE AND IN ANY WRITTEN AND COMMERCIAL PROMO- TIONAL MATERIALS DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR SERVICE PURSUANT TO THIS SECTION. 5. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL ANNUALLY SUBMIT TO THE DEPARTMENT OF PUBLIC SERVICE, NO LATER THAN NOVEMBER FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER, A COMPLIANCE REPORT SETTING FORTH: (A) A DESCRIPTION OF THE SERVICE OFFERED PURSUANT TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI- FY THE ELIGIBILITY OF CUSTOMERS RECEIVING SUCH SERVICE; (D) A DESCRIPTION AND SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER- TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E) A DESCRIPTION OF ALL RETAIL RATE PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI- NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION, INCLUDING SPEED AND PRICE, OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK; AND (G) SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC SERVICE MAY REQUIRE. 6. THE DEPARTMENT OF PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER, UNDERTAKE A PROCEEDING TO DETERMINE IF THE MINIMUM BROADBAND DOWNLOAD SPEED IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO ANOTHER MINIMUM BROADBAND DOWNLOAD SPEED IF THE FEDERAL COMMUNICATIONS COMMISSION HAS NOT INCREASED ITS BENCHMARK BY SUCH DATE. THE DEPARTMENT OF PUBLIC SERVICE SHALL ALSO: (A) UNDERTAKE APPROPRIATE MEASURES TO INFORM THE PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY, BUT NO LESS THAN ONCE EVERY FIVE YEARS, REVIEW ELIGIBILITY REQUIREMENTS FOR THE S. 2508--A 125 A. 3008--A LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION, AND UPDATE SUCH REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS. 7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS PER VIOLATION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES. § 2. This act shall take effect immediately. PART RR Section 1. Section 1678 of the public authorities law is amended by adding a new subdivision 30 to read as follows: 30. (A) TO ENTER INTO LOANS WITH, AND TO PROVIDE SERVICES RELATED TO PLANNING, DESIGN, CONSTRUCTION, RENOVATION, RECONSTRUCTION, FURNISHING OR EQUIPPING TO, ANY SCHOOL DISTRICT, NOT-FOR-PROFIT CORPORATION OR GROUP OF NOT-FOR-PROFIT CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE WITH AN AGGREGATE COST OF NOT LESS THAN FIVE MILLION DOLLARS. (B) TO ENTER INTO LOANS WITH ANY SCHOOL DISTRICT OR NOT-FOR-PROFIT CORPORATION TO FUND THEIR WORKING CAPITAL NEEDS, PROVIDED SUCH LOANS HAVE BEEN PRESENTED TO THE AUTHORITY'S BOARD DURING THE COVID-19 STATE OF EMERGENCY. (C) FOR THE PURPOSES OF THIS SUBDIVISION: (I) "NOT-FOR-PROFIT CORPORATION" SHALL MEAN A DOMESTIC OR FOREIGN CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW. (II) "SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT LOCATED IN THE STATE OF NEW YORK. (III) "WORKING CAPITAL" SHALL MEAN FUNDS USED TO PAY OPERATIONAL EXPENSES, INCLUDING BUT NOT LIMITED TO, SALARIES, ACCOUNTS PAYABLE, PURCHASING INVENTORY AND OTHER OPERATIONAL OBLIGATIONS. (IV) "COVID-19 STATE OF EMERGENCY" SHALL MEAN THE PERIOD IN WHICH EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, IS IN EFFECT TO ADDRESS THE OUTBREAK OF THE NOVEL CORONAVIRUS, COVID-19. § 2. Nothing in this act is intended to limit, impair, or affect the legal authority of the dormitory authority of the state of New York under any other provision of law. § 3. This act shall take effect immediately. PART SS S. 2508--A 126 A. 3008--A Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of chapter 392 of the laws of 1973 constituting the New York State Medical Care Facilities Finance Agency act, as amended by chapter 183 of the laws of 2018, is amended to read as follows: (b) The agency shall not issue hospital and nursing home project bonds and hospital and nursing home project notes in an aggregate principal amount exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred million dollars, excluding hospital and nursing home project bonds and hospital and nursing home project notes issued to refund outstanding hospital and nursing home projects bonds and hospital and nursing home project notes; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obli- gations may be greater than [sixteen] SEVENTEEN billion [six] FOUR hundred million dollars only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obli- gations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the agency including estimated accrued interest from the sale thereof. The agency shall not issue hospital and nursing home project bonds at any time secured by the hospital and nursing home capi- tal reserve fund if upon issuance, the amount in the hospital and nurs- ing home capital reserve fund will be less than the hospital and nursing home capital reserve fund requirement, unless the agency, at the time of issuance of such bonds, shall deposit in such reserve fund from the proceeds of the bonds so to be issued, or otherwise, an amount which together with the amount then in such reserve fund, will be not less than the hospital and nursing home capital reserve fund requirement. § 2. This act shall take effect immediately. PART TT Section 1. This act enacts into law components of legislation relating to the pandemic recovery and restart program. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes 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 S. 2508--A 127 A. 3008--A Section 1. The economic development law is amended by adding a new article 24 to read as follows: ARTICLE 24 SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM SECTION 460. SHORT TITLE. 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 462. DEFINITIONS. 463. ELIGIBILITY CRITERIA. 464. APPLICATION AND APPROVAL PROCESS. 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 466. POWERS AND DUTIES OF THE COMMISSIONER. 467. MAINTENANCE OF RECORDS. 468. REPORTING. 469. CAP ON TAX CREDIT. § 460. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT". § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO CREATE FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS- TRIES THAT HAVE SUFFERED ECONOMIC HARM AS A RESULT OF THE COVID-19 PANDEMIC TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI- NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCENTIVES TO ECONOMICALLY HARMED SMALL BUSINESSES TO OFFER RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES. § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS. 2. "ARTS, ENTERTAINMENT, AND RECREATION SECTOR" MEANS ESTABLISHMENTS THAT OPERATE FACILITIES OR PROVIDE SERVICES TO MEET VARIED CULTURAL, ENTERTAINMENT, AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS SECTOR COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING, OR PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED FOR PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND SITES OF HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND (C) ESTAB- LISHMENTS THAT OPERATE FACILITIES OR PROVIDE SERVICES THAT ENABLE PATRONS TO PARTICIPATE IN RECREATIONAL ACTIVITIES OR PURSUE AMUSEMENT, HOBBY, AND LEISURE-TIME INTERESTS. 3. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A GIVEN PERIOD. 4. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN- TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 5. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN- TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE. S. 2508--A 128 A. 3008--A 7. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN ONE OF THE FOLLOWING BUSINESS SECTORS: (A) ACCOMMODATIONS; OR (B) ARTS, ENTERTAINMENT, AND RECREATION. 10. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL- TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOY- MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY. § 463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST: (A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER AND HAVE FEWER THAN ONE HUNDRED FULL-TIME JOB EQUIV- ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE; (B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS- SION AND/OR ACCEPTS PAYMENT FOR GOODS AND/OR SERVICES FROM IN-PERSON CUSTOMERS; (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI- VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED, HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE INDUSTRIES AS INELIGIBLE; (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER- GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT; AND (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE. 2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER- GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY- ING WITH AN APPROVED BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY. § 464. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; S. 2508--A 129 A. 3008--A (E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND (F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. § 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI- VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE. 2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FORTY-FIVE, SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. § 466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL- ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN SECTION FOUR HUNDRED SIXTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE. § 467. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS. § 468. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED IN REGULATIONS BY THE COMMISSIONER. § 469. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS. § 2. The tax law is amended by adding a new section 45 to read as follows: § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED- IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF S. 2508--A 130 A. 3008--A THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR HUNDRED SIXTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU- LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP- TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE: (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM; (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND (3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR- MATION LAW. (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55; (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK). § 3. Section 210-B of the tax law is amended by adding a new subdivi- sion 55 to read as follows: 55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF S. 2508--A 131 A. 3008--A SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. § 4. Section 606 of the tax law is amended by adding a new subsection (kkk) to read as follows: (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED- IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlvi) to read as follows: (XLVI) SMALL BUSINESS AMOUNT OF CREDIT UNDER RETURN-TO-WORK TAX SUBDIVISION FIFTY-FIVE CREDIT OF SECTION TWO HUNDRED TEN-B § 6. This act shall take effect immediately. SUBPART B Section 1. The economic development law is amended by adding a new article 25 to read as follows: ARTICLE 25 RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM SECTION 470. SHORT TITLE. 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 472. DEFINITIONS. 473. ELIGIBILITY CRITERIA. 474. APPLICATION AND APPROVAL PROCESS. 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 476. POWERS AND DUTIES OF THE COMMISSIONER. 477. MAINTENANCE OF RECORDS. 478. REPORTING. 479. CAP ON TAX CREDIT. § 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT". § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO CREATE FINANCIAL INCENTIVES FOR RESTAURANTS THAT HAVE SUFFERED ECONOMIC HARM AS A RESULT OF THE COVID-19 PANDEMIC TO EXPE- DITIOUSLY REHIRE WORKERS AND INCREASE TOTAL EMPLOYMENT. THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN- TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES. S. 2508--A 132 A. 3008--A § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A GIVEN PERIOD. 2. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN- TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN- TY-ONE, AND EITHER AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI- NESS ENTITY CHOOSES TO USE. 4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE. 5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM- IC DEVELOPMENT. 6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR. 8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOYMENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY. 9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS: (A) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED INSIDE THE CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR DINING FOR OVER SIX MONTHS AND ARE PRIMARILY ORGANIZED TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMPTION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER DEFINED IN REGU- LATIONS PURSUANT TO THIS ARTICLE; AND (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED BY THE DEPARTMENT OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON INDOOR DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP- TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE. § 473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST: (A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER AND HAVE FEWER THAN ONE HUNDRED FULL-TIME JOB EQUIV- ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE; (B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR BEVERAGES INCLUDING FROM IN-PERSON CUSTOMERS; (C) OPERATE PREDOMINANTLY IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR; PROVIDED, HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS S. 2508--A 133 A. 3008--A PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE; (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER- GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT; AND (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE. 2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY- ING WITH AN APPROVED BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY. § 474. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; (E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND (F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. § 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGI- BILITY REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTI- CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDIVI- SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE. 2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. S. 2508--A 134 A. 3008--A 3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTIONS FORTY-SIX, SUBDIVISION FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (LLL) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. § 476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL- ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE. § 477. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS. § 478. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED IN REGULATIONS BY THE COMMISSIONER. § 479. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS. § 2. The tax law is amended by adding a new section 46 to read as follows: § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP- TER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU- LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL- ITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY- ER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED S. 2508--A 135 A. 3008--A BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (2) TAXPAYERS WHO CHOOSE TO USE AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING FULL-TIME EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER THIS SECTION. A TAXPAYER MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF- ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO A PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST BE SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR THOSE TAXPAYERS WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT, THE COMMISSIONER SHALL ADVANCE A PAYMENT OF THE TAX CREDIT ALLOWED TO THE TAXPAYER. HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO ARTICLE NINE-A OF THIS CHAPTER, SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO THE TAXPAYER LESS TWENTY-FIVE DOLLARS. SUCH TWENTY-FIVE DOLLARS SHALL REPRESENT A PARTIAL PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS CHAPTER. WHEN A TAXPAYER FILES ITS RETURN FOR THE TAXABLE YEAR, SUCH TAXPAYER SHALL PROPERLY RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN. (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP- TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE: (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT RETURN-TO- WORK TAX CREDIT PROGRAM; (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND (3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR- MATION LAW. (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56; (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL). § 3. Section 210-B of the tax law is amended by adding a new subdivi- sion 56 to read as follows: S. 2508--A 136 A. 3008--A 56. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. § 4. Section 606 of the tax law is amended by adding a new subsection (lll) to read as follows: (LLL) RESTAURANT RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI- CLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlvii) to read as follows: (XLVII) RESTAURANT RETURN-TO-WORK AMOUNT OF CREDIT UNDER TAX CREDIT SUBDIVISION FIFTY-SIX OF SECTION TWO HUNDRED TEN-B § 6. This act shall take effect immediately. SUBPART C Section 1. The tax law is amended by adding a new section 24-c to read as follows: § 24-C. NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A) (1) ALLOWANCE OF CREDIT. A TAXPAYER THAT IS A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR OF OR A MEMBER OF A PARTNERSHIP THAT IS A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERRED TO IN SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN THIS SECTION. (2) THE AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION EXPENDITURES PAID FOR DURING THE QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION'S CREDIT PERIOD. PROVIDED HOWEVER THAT THE AMOUNT OF THE CREDIT CANNOT EXCEED FIVE HUNDRED THOUSAND DOLLARS PER QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY. S. 2508--A 137 A. 3008--A (3) NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS THE BASIS FOR THE ALLOWANCE OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION OR USED IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM ANY OTHER CREDIT ALLOWED PURSUANT TO THIS CHAPTER. (B) DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "QUALIFIED MUSICAL AND THEATRICAL PRODUCTION" MEANS A FOR-PROFIT LIVE, DRAMATIC STAGE PRESENTATION THAT, IN ITS ORIGINAL OR ADAPTIVE VERSION, IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, WHETHER OR NOT SUCH PRODUCTION WAS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND TWENTY. (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY COSTS FOR TANGIBLE PROPERTY USED AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE PRODUCTION OF A QUALIFIED MUSICAL AND THEATRICAL PRODUCTION WITHIN THE CITY OF NEW YORK, INCLUDING: (I) EXPENDITURES FOR DESIGN, CONSTRUCTION AND OPERATION, INCLUDING SETS, SPECIAL AND VISUAL EFFECTS, COSTUMES, WARDROBES, MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT- ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED OF WHICH THE TOTAL ALLOWABLE EXPENSE SHALL NOT EXCEED TWO HUNDRED THOUSAND DOLLARS PER WEEK; AND (III) TECHNICAL AND CREW PRODUCTION COSTS, SUCH AS EXPENDI- TURES FOR A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, OR ANY PART THEREOF, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIPMENT USED FOR SPECIAL AND VISUAL EFFECTS, SOUND RECORDING, SET CONSTRUCTION, AND LIGHTING. QUALIFIED PRODUCTION EXPENDITURE DOES NOT INCLUDE ANY COSTS INCURRED PRIOR TO MARCH THIRTEENTH, TWO THOUSAND TWENTY. (3) "QUALIFIED NEW YORK CITY PRODUCTION FACILITY" MEANS A FACILITY LOCATED WITHIN THE CITY OF NEW YORK (I) IN WHICH LIVE THEATRICAL PRODUCTIONS ARE OR ARE INTENDED TO BE PRIMARILY PRESENTED, (II) THAT CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR MORE SEATS, AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES NECESSARY FOR THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION, AND (III) FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES CONSTITUTE SEVENTY-FIVE PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILITY. (4) "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPA- NY" IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY OR INDIVIDUAL WHICH OR WHO (I) IS PRINCIPALLY ENGAGED IN THE PRODUCTION OF A QUALIFIED MUSICAL OR THEATRICAL PRODUCTION THAT IS TO BE PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, AND (II) HAS EXPENDED AT LEAST ONE MILLION DOLLARS IN QUALIFIED PRODUCTION EXPENDITURES ON THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION AT THE TIME OF ITS APPLICA- TION TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A TAX CREDIT CERTIF- ICATE AUTHORIZED UNDER THIS SECTION. (5) (I) "THE CREDIT PERIOD OF A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY" IS THE PERIOD STARTING ON THE PRODUCTION START DATE AND ENDING ON THE EARLIER OF DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY-ONE OR THE DATE THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION CLOSES. (II) "THE PRODUCTION START DATE" IS THE DATE THAT IS SIX WEEKS PRIOR TO THE FIRST PERFORMANCE OF THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION. (C) THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE BUT BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-TWO. S. 2508--A 138 A. 3008--A (D) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57; (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM). (E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, (I) EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION REGARDING THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO ARE CLAIMING CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR CERTIFICATION SUBMITTED TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND (II) THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP- MENT MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY. (F) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED UNDER THIS SECTION, SUBDIVISION FIFTY-SEVEN OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (MMM) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER SHALL BE TWENTY-FIVE MILLION DOLLARS. SUCH AGGREGATE AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE DATE OF FILING AN APPLICATION FOR ALLOCATION OF THE NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT WITH SUCH DEPARTMENT. (2) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AFTER CONSULTING WITH THE COMMISSIONER, SHALL PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR THE ALLOCATION OF TAX CREDITS AS REQUIRED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING THE APPLICA- TION PROCESS, THE DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS THAT WILL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION THAT WILL BE PROVIDED BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT THE AMOUNT OF QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRIATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS. (G) ANY QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY THAT PERFORMS IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO: (1) PARTICIPATE IN A NEW YORK STATE DIVERSITY AND ARTS JOB TRAINING PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR PRODUCTION IS AVAILABLE AND ACCESSIBLE FOR LOW-OR NO-COST TO LOW INCOME NEW YORK- ERS; AND (3) CONTRIBUTE TO THE NEW YORK STATE COUNCIL ON THE ARTS, CULTURAL PROGRAM FUND AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL CREDITS RECEIVED IF SUCH PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED PERCENT OF ITS PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A MONTHLY BASIS, UP UNTIL SUCH FIFTY PERCENT OF THE TOTAL CREDIT AMOUNT IS REACHED. ANY FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS AND CULTURAL EDUCATIONAL AND WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND COMMUNITY-BASED ORGANIZATIONS. § 2. Section 210-B of the tax law is amended by adding a new subdivi- sion 57 to read as follows: 57. NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE S. 2508--A 139 A. 3008--A COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON. § 3. Section 606 of the tax law is amended by adding a new subsection (mmm) to read as follows: (MMM) NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlviii) to read as follows: (XLVIII) NEW YORK CITY MUSICAL AMOUNT OF CREDIT UNDER AND THEATRICAL PRODUCTION SUBDIVISION FIFTY-SEVEN OF TAX CREDIT SECTION TWO HUNDRED TEN-B § 5. The state finance law is amended by adding a new section 99-ii to read as follows: § 99-II. NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE ARTS AND CULTURAL PROGRAM FUND". 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE STATE, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. ON OR BEFORE THE FIRST DAY OF FEBRUARY TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER OF EDUCATION SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE: (A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (B) RECIPIENTS OF AWARDS FROM THE FUND; S. 2508--A 140 A. 3008--A (C) THE AMOUNT AWARDED TO EACH; (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI- MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED- ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR. 4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCATION. 5. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE PURPOSE OF SUPPLEMENTING ART AND CULTURAL PROGRAMS FOR SECONDARY AND ELEMENTARY CHILDREN, INCLUDING PROGRAMS THAT INCREASE ACCESS TO ART AND CULTURAL PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES. § 6. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART UU Section 1. Chapter 124 of the laws of 1952 relating to the charter of the college retirement equities fund, is REPEALED. § 2. Definitions. For purposes of this act the following terms shall have the following meanings: (a) "CREF" shall mean the College Retirement Equities Fund, formed pursuant to chapter 124 of the laws of 1952 as a companion organization to TIAA (as defined in this act) for the issuance of variable annuity contracts; (b) "CREF Board of Overseers" shall mean the individuals designated as overseers of CREF, pursuant to chapter 124 of the laws of 1952, who are the sole members of CREF; (c) "Plan of Combination" shall mean the agreement and plan of combi- nation of TIAA and CREF adopted and approved in accordance with the provisions of this act; (d) "Superintendent" shall mean the superintendent of the New York State department of financial services; (e) "TIAA" shall mean the Teachers Insurance and Annuity Association of America, an insurance company formed pursuant to the laws of New York; (f) "TIAA Board of Overseers" shall mean the corporation formed pursu- ant to chapter 880 of the laws of 1937, which is the sole owner of the issued and outstanding stock of TIAA; and (g) "TIAA Separate Account" shall mean the separate account of TIAA created pursuant to the Plan of Combination. § 3. (a) Subject to the provisions of this act and the terms set forth in the Plan of Combination, CREF is hereby authorized and empowered to combine with TIAA, with TIAA continuing in existence as the surviving S. 2508--A 141 A. 3008--A entity following such combination and with CREF ceasing to be a corpo- rate entity. TIAA shall continue to be an insurance company formed pursuant to the laws of the State of New York. The TIAA Separate Account shall be subject to the insurance law, and neither TIAA nor the TIAA Separate Account shall be subject to the not-for-profit corporation law. The TIAA board of overseers shall remain subject to the not-for- profit corporation law. (b) Such combination shall be deemed a merger under the laws of the State of New York, and shall be approved by not less than two-thirds of the individual overseers of the CREF Board of Overseers as the sole members of CREF, and not less than two-thirds of the individual members of the TIAA Board of Overseers as the sole shareholder of TIAA. There- after, the Plan of Combination shall be submitted to the superintendent for approval. Following the receipt of all necessary corporate and regu- latory approvals, including authorization by the TIAA and CREF Boards of Overseers and TIAA and CREF boards of trustees, a certified copy of the Plan of Combination with the approval of the superintendent endorsed thereon shall be filed in the office of the clerk of New York County, and upon such filing the combination shall become effective. § 4. (a) At the effective time of and pursuant to the Plan of Combina- tion, all assets and liabilities of CREF including causes of action and defenses thereto, shall vest by operation of law in TIAA, and all vari- able annuity contracts and certificates issued by CREF and in force at the effective time of the combination, shall be and become TIAA variable annuity contracts and certificates as of the effective time of the combination; provided, however, that at the effective time of the combi- nation (i) without further act or deed, the assets and liabilities of CREF relating to the outstanding variable annuity contracts and certif- icates of CREF shall immediately be assets and liabilities of and allo- cated to the TIAA Separate Account without such assets becoming general account assets of TIAA; and (ii) each investment account of CREF imme- diately prior to the combination shall comprise an investment sub-ac- count of the TIAA Separate Account, with the assets and liabilities of each such investment account vesting immediately and directly in that investment sub-account. (b) At the effective time, TIAA shall assume the obligations of the CREF contracts and certificates, and all holders of CREF contracts and certificates shall be notified of the combination. (c) At all times the assets of the TIAA Separate Account, and of each investment sub-account, shall be segregated from the assets of the general account of TIAA and any other TIAA separate account and invest- ment sub-account. That portion of the assets of the TIAA Separate Account, and of each investment sub-account, not exceeding the reserves and other contract liabilities with respect to the TIAA Separate Account and each investment sub-account, shall not be chargeable with liabil- ities arising out of any other business of TIAA. The income, gains and losses, whether or not realized, from assets allocated to the TIAA Sepa- rate Account, and each investment sub-account, shall be credited to or charged against the TIAA Separate Account and each investment sub-ac- count without regard to other income, gains or losses of TIAA. § 5. This act shall take effect immediately; provided, however, that section one of this act shall take effect at the effective time of the combination, and provided further, that the superintendent shall notify the legislative bill drafting commission upon the occurrence of such effective time in order that the commission may maintain an accurate and timely database of the official text of the laws of the State of New S. 2508--A 142 A. 3008--A York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. PART VV Section 1. Short title. This act shall be known and may be cited as the "New York state canal system revitalization act". § 2. Legislative findings and statement of purposes. 1. The legisla- ture hereby finds, determines and declares: (a) that the New York state canal system, which once served as a vital thoroughfare for freight and other commerce, supports virtually no commercial shipping activity today; (b) that much of the canal system's century-old infrastructure, designed to accommodate the passage of large commercial vessels, is antiquated and deteriorating; (c) that despite the absence of commercial shipping traffic in almost all portions of the canal system, the state and its instrumentalities continue to expend substantial sums of money to maintain the canal system and its aged water control infrastructure for the system's original purpose; (d) that flooding and ice jams within and around portions of the canal system have caused substantial damage to nearby communities and the canal system itself, and without appropriate intervention, such flooding and ice jams, exacerbated by the effects of climate change and other phenomena, will continue to pose a threat to property and people; (e) that the canal system's water control infrastructure was never intended to address such threats from flooding and ice jams; (f) that aquatic invasive species have over time penetrated New York's waterways and pose a serious and growing threat to recreational users, fisheries, property owners, water supplies and waterbody ecosystems; (g) that the absence of a natural aquifer and conditions related to climate change have contributed to increasingly frequent droughts in the western part of the state, impacting a vital part of the state's agri- culture industry, inhibiting its competitive position and limiting the type and amount of crops that can be reliably produced; (h) that while the canal system has in recent years emerged as a resource for recreation and tourism, the state has not exploited the full potential of the canal system, its infrastructure and its unique historic, cultural and water resources for the benefit of the people of the state; (i) that a public purpose would be served and the interests of the people of the state would be promoted by reimagining and revitalizing the New York state canal system, including the Erie canal, as a twenty- first century waterway whose resources can be deployed to address crit- ical issues of public importance, including without limitation, mitigat- ing the occurrence of flooding, ice jams and drought and their destructive impacts; protecting, restoring, creating and sustaining aquatic habitat in the state; leveraging the canal system's unique history, culture and natural resources to activate local and regional economies and industries; expanding economic development opportunities and stimulating job growth; and improving the quality of life of the people of New York by, among other things, celebrating, connecting and expanding canal-related destination points, such as parks, trails and recreational activities as well as canal-side community amenities and other attractions. S. 2508--A 143 A. 3008--A 2. The legislature further finds, determines and declares that a public purpose would be served and the interests of the people of the state would be served by creating pursuant to this act a public benefit corporation, known as the New York state canal system revitalization trust, to serve as a focal point for the receipt and administration of gifts, donations and grants of money, real and personal property and other things of value made for the purpose of supporting the revitaliza- tion of the New York state canal system, using the powers and authority delegated to it by this act, lessening the burdens of government and acting in the public interest. 3. The legislature further finds, determines and declares that the creation of the New York state canal system revitalization trust, and the exercise of its powers and authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state of New York, and in furtherance of their welfare and prosper- ity. § 3. The section heading and paragraph (a) of subdivision one of section 1005-c of the public authorities law, as added by section 23 of part TT of chapter 54 of the laws of 2016, are amended to read as follows: Additional powers of the authority [to finance certain projects] in connection with the New York state canal system. (a) The authority is hereby authorized, as an additional corporate purpose thereof, to issue its bonds, notes and other evidences of indebtedness in conformity with applicable provisions of the uniform commercial code for purposes of financing the construction, recon- struction, development and improvement of the New York state canal system, AND THE REVITALIZATION OF THE CANAL SYSTEM AND ITS USE BY THE PUBLIC. § 4. Section 1005-c of the public authorities law is amended by adding a new subdivision 4 to read as follows: 4. THE AUTHORITY IS AUTHORIZED TO: (A) SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, PROVIDE GRANTS AND OTHER FORMS OF FINANCIAL SUPPORT, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, FOR PROJECTS, PROGRAMS AND PURPOSES THAT IN THE TRUSTEES' JUDGMENT WILL PROMOTE THE PURPOSES OF THE NEW YORK STATE CANAL SYSTEM REVITALIZATION ACT. (B) ESTABLISH ADVISORY COMMITTEES AND APPOINT MEMBERS THERETO FOR THE PURPOSE OF PROVIDING THE AUTHORITY, CANAL CORPORATION AND NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST WITH ADVICE AND RECOMMENDATIONS ON ALL MATTERS SUBMITTED TO SUCH COMMITTEES, SOLICITING INPUT FROM STAKEHOLDER COMMUNITIES AND OTHER INTERESTED PARTIES ON CANAL SYSTEM INITIATIVES, AND COORDINATING THE ACTIVITIES OF THE AUTHORITY, CANAL CORPORATION AND NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST WITH STAKEHOLDER COMMU- NITIES AND OTHER INTERESTED PARTIES. MEMBERS OF ANY SUCH ADVISORY COMMITTEE SHALL SERVE WITHOUT SALARY BUT SHALL BE ENTITLED TO REIMBURSE- MENT FOR THEIR ACTUAL AND NECESSARY TRAVEL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. (C) PROVIDE ADVICE TO LOCAL GOVERNMENTS AND OFFICIALS, INCLUDING STRA- TEGIES TO LEVERAGE THE VALUE OF CANAL SYSTEM RESOURCES IN LOCAL LAND USE AND PLANNING AND OPPORTUNITIES TO PARTNER WITH PUBLIC AND PRIVATE STAKE- HOLDERS TO ACHIEVE THE OBJECTIVES OF LOCAL LAND-USE GOALS AND THE NEW YORK STATE CANAL SYSTEM REVITALIZATION ACT. (D) REVIEW AND COMMENT ON THE PLANS OF FEDERAL, STATE, LOCAL AND PRIVATE ENTITIES AND PERSONS AS THEY MAY RELATE TO THE CANAL SYSTEM AND THE OBJECTIVES OF THE NEW YORK STATE CANAL SYSTEM REVITALIZATION ACT. S. 2508--A 144 A. 3008--A (E) PLAN, ESTABLISH AND/OR SUPPORT THE DEVELOPMENT AND OPERATION OF FACILITIES WITHIN OR OUTSIDE THE CANAL SYSTEM THAT WOULD IN THE AUTHORI- TY'S JUDGMENT PROMOTE USE OF THE CANAL SYSTEM BY THE PUBLIC, INCLUDING WITHOUT LIMITATION TOURISM, EDUCATIONAL, HOSPITALITY AND RECREATIONAL FACILITIES, AND TO FIX AND COLLECT FEES, RENTS AND CHARGES FOR THE USE OF SUCH FACILITIES. (F) DESIGN AND IMPLEMENT VOLUNTEERISM, FUNDRAISING, EDUCATIONAL, OUTREACH AND BRANDING PROGRAMS RELATING TO THE CANAL SYSTEM, RELATED FACILITIES AND THEIR POTENTIAL USES. § 5. Article 13-A of the canal law is REPEALED and a new article 13-A is added to read as follows: ARTICLE XIII-A NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST SECTION 138-A. DEFINITIONS. 138-B. NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST. 138-C. PURPOSES AND POWERS OF THE TRUST CORPORATION. 138-D. TEMPORARY ASSIGNMENT AND TRANSFER OF EMPLOYEES AND OTHER ASSISTANCE. 138-E. MONIES OF THE TRUST CORPORATION. 138-F. CREATION OF TRUST A PUBLIC PURPOSE. 138-G. PAYMENTS IN LIEU OF TAXES. 138-H. MEMBERS AND EMPLOYEES NOT TO PROFIT. 138-I. ACTIONS AGAINST THE TRUST. § 138-A. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE: 1. THE TERM "ACT" SHALL MEAN THE NEW YORK STATE CANAL SYSTEM REVITALI- ZATION ACT WHICH ADDED THIS ARTICLE. 2. THE TERM "BOARD" SHALL MEAN THE MEMBERS OF THE TRUST CORPORATION. 3. THE TERM "TRUST" OR "TRUST CORPORATION" SHALL MEAN THE PUBLIC BENE- FIT CORPORATION CREATED BY THIS ARTICLE. § 138-B. NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST. 1. THE NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST IS HEREBY CREATED. THE TRUST SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENE- FIT CORPORATION AND ITS EXISTENCE SHALL COMMENCE UPON THE APPOINTMENT OF THE MEMBERS AS HEREIN PROVIDED. THE TRUST CORPORATION SHALL CONSIST OF THE FOLLOWING MEMBERS: (A) THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY OR HIS OR HER DESIG- NEE, THE COMMISSIONER OF ECONOMIC DEVELOPMENT OR HIS OR HER DESIGNEE, AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIG- NEE; AND (B) NINE INDIVIDUAL MEMBERS WITH KNOWLEDGE OF SUBJECT MATTER RELEVANT TO CANAL SYSTEM REVITALIZATION PURPOSES, INCLUDING, WITHOUT LIMITATION, ECONOMIC DEVELOPMENT AND PLANNING, TOURISM, ENGINEERING, OUTDOOR RECRE- ATION, HISTORIC PRESERVATION, COMMERCIAL FARMING AND/OR AQUATIC ECOSYS- TEMS. THE NINE INDIVIDUAL MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, OF WHOM THREE SHALL BE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE AND THREE SHALL BE APPOINTED ON THE RECOMMENDA- TION OF THE SPEAKER OF THE ASSEMBLY, AND SHALL SERVE AT THE PLEASURE OF THE GOVERNOR; PROVIDED, HOWEVER, THAT UP TO THREE OF THE INITIAL APPOINTMENTS TO THE TRUST MAY BE RESERVED FOR PERSONS WHO SERVED AS MEMBERS OF THE CANAL RECREATIONWAY COMMISSION DURING THE YEAR PRECEDING THE EFFECTIVE DATE OF THIS ARTICLE. IN APPOINTING MEMBERS TO THE TRUST, S. 2508--A 145 A. 3008--A THE GOVERNOR SHALL ENSURE REASONABLE REPRESENTATION FROM REGIONS ADJA- CENT TO OR IN THE VICINITY OF THE CANAL SYSTEM. 2. MEMBERS OF THE COMMISSION, EXCEPT COMMISSIONERS OR CHIEF EXECUTIVES OF PUBLIC AUTHORITIES, SHALL SERVE FOR A TERM OF FOUR YEARS AND MAY BE REAPPOINTED; PROVIDED, HOWEVER, OF THOSE MEMBERS APPOINTED INITIALLY, THREE SUCH MEMBERS, ONE APPOINTED BY THE GOVERNOR, ONE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF TWO YEARS, AND THREE SUCH MEMBERS, ONE APPOINTED BY THE GOVERNOR, ONE APPOINTED ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY VACANCY IN THE TRUST SHALL BE FILLED FOR THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT. THE GOVERNOR SHALL DESIGNATE MEMBERS OF THE TRUST TO SERVE AS CHAIR AND VICE-CHAIR OF THE TRUST. 3. THE POWERS OF THE TRUST SHALL BE VESTED IN AND EXERCISED BY A MAJORITY OF THE MEMBERS THEREOF AND EACH MEMBER OF THE TRUST SHALL BE ENTITLED TO ONE VOTE ON ALL MATTERS VOTED ON BY THE TRUST. 4. MEMBERS OF THE TRUST SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT OF THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. NO MEMBER OF THE TRUST SHALL BE DISQUALIFIED FROM HOLDING ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE OR EMPLOYMENT, BY REASON OF HIS OR HER MEMBERSHIP ON THE TRUST, NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR LOCAL ORDINANCE OR CHARTER. 5. THE TRUST AND ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL TERMI- NATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT SO LONG AS THE TRUST SHALL HAVE OBLIGATIONS OUTSTANDING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT THEREOF. UPON TERMINATION OF THE EXISTENCE OF THE TRUST, ALL ITS RIGHTS AND PROPERTIES SHALL VEST IN THE STATE. § 138-C. PURPOSES AND POWERS OF THE TRUST CORPORATION. THE PURPOSE OF THE TRUST CORPORATION SHALL BE TO SERVE AS A FOCAL POINT FOR THE RECEIPT AND ADMINISTRATION OF PUBLIC AND PRIVATE GIFTS, DEVISES AND BEQUESTS OF MONEY, RIGHTS AND INTERESTS IN REAL AND PERSONAL PROPERTY, AND OTHER THINGS OF VALUE DONATED TO FURTHER THE PURPOSES OF THE ACT, SPECIFICALLY THE REVITALIZATION OF THE NEW YORK STATE CANAL SYSTEM FOR THE PURPOSES OF ADDRESSING CURRENT ISSUES OF PUBLIC IMPORTANCE, INCLUDING WITHOUT LIMITATION, MITIGATING THE OCCURRENCE OF FLOODING AND ICE JAMS AND THEIR DESTRUCTIVE IMPACTS; PROTECTING, RESTORING, CREATING AND SUSTAINING AQUATIC HABITAT IN THE STATE; LEVERAGING THE CANAL SYSTEM'S UNIQUE HISTORY, CULTURE AND NATURAL RESOURCES TO ACTIVATE LOCAL AND REGIONAL ECONOMIES AND INDUSTRIES; EXPANDING ECONOMIC DEVELOPMENT OPPORTUNITIES AND STIMULATE JOB GROWTH; AND IMPROVING THE QUALITY OF LIFE OF THE PEOPLE OF NEW YORK BY, AMONG OTHER THINGS, CELEBRATING, CONNECTING AND EXPANDING CANAL-RELATED DESTINATION POINTS, SUCH AS PARKS, TRAILS AND RECREATIONAL ACTIVITIES AS WELL AS CANAL-SIDE COMMUNITY AMENITIES AND OTHER ATTRACTIONS (COLLECTIVELY, "REVITALIZATION PURPOSES"). IN FURTHER- ANCE OF THE REVITALIZATION PURPOSES, THE CORPORATION IS ENCOURAGED TO CONSIDER THE CONTENTS OF THE CANAL RECREATIONWAY PLAN EXISTING AS OF THE EFFECTIVE DATE OF THIS ARTICLE; THE ADAPTIVE REUSE OF CANAL SYSTEM INFRASTRUCTURE; THE RECOVERY AND ADAPTIVE REUSE OF VACANT AND ABANDONED STRUCTURES AND OTHER PROPERTY WITHIN OR IN CLOSE PROXIMITY TO THE CANAL SYSTEM; STRATEGIES THAT WILL SERVE TO LINK CANAL SYSTEM RESOURCES WITH NEARBY COMMUNITIES, INCLUDING WITHOUT LIMITATION UNDERSERVED COMMUNI- S. 2508--A 146 A. 3008--A TIES, EXISTING PARKS, TRAILS AND OTHER PUBLIC AREAS FOR THE PURPOSE OF INCREASING ACCESS TO AND THE ENJOYMENT OF CANAL-RELATED RESOURCES, CREATING MULTI-PURPOSE VENUES FOR RESIDENTS AND VISITORS, AND ENHANCING TOURISM; AND THE USE OF PUBLIC-PRIVATE PARTNERSHIPS AS A MEANS TO ACHIEVE SAID REVITALIZATION PURPOSES. TO CARRY OUT SAID REVITALIZATION PURPOSES, THE CORPORATION SHALL HAVE POWER TO: 1. ACCEPT GIFTS, DEVISES AND BEQUESTS, INCLUDING MONEY, RIGHTS AND INTERESTS IN REAL AND PERSONAL PROPERTY, TANGIBLE OR INTANGIBLE, AND OTHER THINGS OF VALUE FOR ANY OF ITS CORPORATE PURPOSES, AND TO ADMINIS- TER AND DISBURSE GIFTS, DEVISES AND BEQUESTS, MONEY, RIGHTS AND INTER- ESTS IN REAL AND PERSONAL PROPERTY AND OTHER THINGS OF VALUE FOR ANY PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES. 2. ACQUIRE RIGHTS AND INTERESTS IN REAL PROPERTY BY PURCHASE, GIFT, OR BEQUEST, OR BY EXCHANGE OF REAL PROPERTY PREVIOUSLY ACQUIRED BY THE TRUST AND UNDER ITS JURISDICTION, AND ENTER INTO AGREEMENTS AND OTHER AUTHORIZATIONS, INCLUDING LEASES AND LICENSES, FOR THE ACQUISITION, TRANSFER, SWAP, MANAGEMENT, OR USE OF REAL PROPERTY, FOR ANY PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES. 3. ACQUIRE RIGHTS AND INTERESTS IN PERSONAL PROPERTY, TANGIBLE OR INTANGIBLE, BY PURCHASE, GIFT, OR BEQUEST, OR BY EXCHANGE OF PERSONAL PROPERTY PREVIOUSLY ACQUIRED BY THE TRUST AND UNDER ITS JURISDICTION, AND ENTER INTO AGREEMENTS AND OTHER UNDERSTANDINGS FOR THE ACQUISITION, TRANSFER, SWAP, MANAGEMENT, OR USE OF PERSONAL PROPERTY FOR ANY PURPOSE THAT IS CONSISTENT WITH ITS CORPORATE PURPOSES. 4. ACQUIRE, IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, RIGHTS AND INTERESTS IN REAL PROPERTY, INCLUDING TITLE BY PURCHASE, GIFT, OR BEQUEST, OR BY EXCHANGE OF LANDS PREVIOUSLY ACQUIRED BY THE TRUST AND UNDER ITS JURISDICTION, OR BY EASEMENT FOR THE CONSERVATION, MANAGEMENT AND PRESERVATION OF OPEN SPACE CHARACTERIZED BY NATURAL SCENIC BEAUTY, HERITAGE, NATURAL RESOURCE VALUES OR CONDITIONS ENHANCING REGIONAL QUAL- ITIES OF THE CANAL SYSTEM, FOR ANY PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES. 5. TRANSFER JURISDICTION AND CONTROL OF RIGHTS OR INTERESTS IN REAL OR PERSONAL PROPERTY ACQUIRED BY THE TRUST TO THE CANAL CORPORATION FOR INCLUSION IN THE CANAL SYSTEM, OR TO THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE SECRETARY OF STATE, OR OTHER PUBLIC ENTITY WITH ITS CONSENT FOR ANY PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES AND WITH PRIOR APPROVAL OF THE DIRECTOR OF THE BUDGET. 6. ACCEPT THE TRANSFER OF FUNDS FROM, AND TRANSFER FUNDS TO, STATE AGENCIES AND STATE PUBLIC AUTHORITIES FOR REVITALIZATION PURPOSES. 7. TO UNDERTAKE ANY WORK, INCLUDING THE FURNISHING OF SERVICES AND MATERIALS, REQUIRED TO MANAGE, PRESERVE, RESTORE, MAINTAIN OR IMPROVE ANY REAL OR PERSONAL PROPERTY UNDER ITS JURISDICTION AND, IN ITS DISCRETION, AT THE REQUEST OF THE AUTHORITY, CANAL CORPORATION, OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, DEPARTMENT OF STATE, DEPARTMENT OF TRANSPORTATION, OR THE DEPARTMENT OF ENVIRONMENTAL CONSER- VATION, UPON REAL OR PERSONAL PROPERTY UNDER THE JURISDICTION OF THE REQUESTING AGENCY, AFTER PRIOR APPROVAL OF THE DIRECTOR OF THE BUDGET, FOR ANY PURPOSE THAT IS CONSISTENT WITH THE REVITALIZATION PURPOSES. 8. TO UNDERTAKE RESEARCH, STUDIES AND ANALYSES, AND MAKE REPORTS RELATING TO ANY OF THE REVITALIZATION PURPOSES. 9. TO SELL AND CONVEY ANY REAL OR PERSONAL PROPERTY OR RIGHTS OR INTERESTS THEREIN ACQUIRED BY AND UNDER THE JURISDICTION OF THE TRUST AND SURPLUS TO ITS NEEDS, PROVIDED SUCH SALE AND CONVEYANCE DOES NOT S. 2508--A 147 A. 3008--A CONTRAVENE THE TERMS OR CONDITIONS OF ANY GIFT, DEVISE OR BEQUEST, AND TO RETAIN THE PROCEEDS DERIVED THEREFROM FOR ITS CORPORATE PURPOSES. 10. TO MAKE GRANTS OF MONEY, REAL AND PERSONAL PROPERTY AND OTHER THINGS OF VALUE TO CORPORATIONS, ASSOCIATIONS, NON-PROFIT ORGANIZATIONS, ACADEMIC INSTITUTIONS, LOCAL GOVERNMENTS AND OTHER PERSONS UNDER PROGRAMS CREATED BY TRUST FOR ANY PURPOSE THAT IS CONSISTENT WITH REVI- TALIZATION PURPOSES. 11. SUBJECT TO AVAILABLE FUNDS, TO APPOINT AND EMPLOY SUCH OFFICERS, EMPLOYEES AND STAFF AND TO RETAIN SUCH PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE AS IT DEEMS NECESSARY TO CARRY OUT ITS CORPORATE PURPOSES. 12. TO PARTICIPATE AND COOPERATE WITH PUBLIC AND PRIVATE PARTIES HAVING MUTUAL INTERESTS IN PROJECTS AND PROGRAMS INTENDED TO ADVANCE REVITALIZATION PURPOSES. 13. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS. 14. TO APPLY TO THE FEDERAL GOVERNMENT OR ANY AGENCY THEREOF FOR THE PURPOSE OF OBTAINING SUCH STATUS UNDER THE INTERNAL REVENUE CODE AS THE CORPORATION DETERMINES TO BE APPROPRIATE TO SUPPORT ITS CORPORATE PURPOSES AND THE PURPOSES OF THE ACT. 15. TO ADMINISTER, MANAGE, OR OPERATE ANY PROPERTY THE RIGHTS OR INTERESTS OF WHICH HAVE BEEN ACQUIRED BY THE TRUST AND TO RETAIN FOR ITS CORPORATE PURPOSES ANY RECEIPTS, REVENUE OR INCOME DERIVED THEREFROM DURING THE PENDENCY OF SUCH TRANSFER. 16. TO ESTABLISH A PUBLIC WEBSITE. 17. CREATE AND ADMINISTER PROGRAMS THAT ARE DESIGNED TO INCREASE PUBLIC ACCESS TO THE CANAL SYSTEM, INCLUDING WITHOUT LIMITATION ACCESS FOR DISABLED PERSONS AND RESIDENTS OF UNDERSERVED COMMUNITIES IN THE STATE. 18. TO SUE AND BE SUED. 19. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE. 20. TO DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS CORPO- RATE PURPOSES. § 138-D. TEMPORARY ASSIGNMENT AND TRANSFER OF EMPLOYEES AND OTHER ASSISTANCE. 1. WHENEVER IN THE OPINION OF THE TRUST CORPORATION IT WOULD BE IN THE PUBLIC INTEREST, THE TRUST CORPORATION MAY REQUEST THE CANAL CORPORATION, THE AUTHORITY, OR ANY STATE PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, AND AFTER PRIOR APPROVAL OF THE DIRECTOR OF THE BUDGET, ANY BOARD, COMMISSION, AGENCY OR DEPARTMENT OF THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS, FOR THE TEMPORARY ASSIGNMENT AND TRANSFER OF EMPLOYEES TO THE TRUST CORPORATION TO HELP THE TRUST CORPO- RATION CARRY OUT ITS PUBLIC PURPOSES, AND SAID ENTITIES MAY, IF IN ITS OPINION SUCH TRANSFER WILL NOT INTERFERE WITH THE PERFORMANCE OF ITS DUTIES AND FUNCTIONS, PROVIDE SUCH TEMPORARY ASSIGNMENT AND TRANSFER OF SAID EMPLOYEES TO THE TRUST FOR THE PURPOSES DESCRIBED. SUCH ASSIGNMENT AND TRANSFER OR EXTENSION SHALL NOT IN ANY WAY AFFECT THE CIVIL SERVICE STATUS, CONTINUITY OF SERVICE, RETIREMENT PLAN STATUS, RIGHT TO COMPEN- SATION, GRADE OR COMPENSATION OR OTHER RIGHTS OR PRIVILEGES OF ANY EMPLOYEE SO TRANSFERRED. 2. THE AUTHORITY, THE CANAL CORPORATION, AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, PUBLIC BENEFIT CORPORATIONS AND POLITICAL SUBDIVISIONS ARE HEREBY AUTHORIZED TO PROVIDE SUCH ASSISTANCE TO THE CORPORATION WITHIN THEIR RESPECTIVE AUTHORITY AND FUNCTIONS AS THE CORPORATION MAY REQUEST IN ORDER TO CARRY OUT ITS PURPOSES AND DUTIES. S. 2508--A 148 A. 3008--A § 138-E. MONIES OF THE TRUST CORPORATION. 1. THE MONEYS OF THE TRUST SHALL BE RETAINED BY IT AND DEPOSITED IN A GENERAL ACCOUNT AND SUCH OTHER ACCOUNTS AS THE TRUST MAY DEEM NECESSARY FOR THE TRANSACTION OF ITS BUSINESS, AND SHALL BE PAID OUT ON CHECKS OR OTHER AUTHORIZATIONS SIGNED BY THE CHAIRPERSON OF THE TRUST CORPORATION AND/OR BY SUCH OTHER MEMBERS OR OFFICERS AS THE TRUST CORPORATION MAY AUTHORIZE. 2. THE COMPTROLLER OF THE STATE AND HIS OR HER LEGALLY AUTHORIZED REPRESENTATIVES ARE HEREBY AUTHORIZED AND EMPOWERED FROM TIME TO TIME TO EXAMINE THE ACCOUNTS AND BOOKS OF THE TRUST INCLUDING ITS RECEIPTS, DISBURSEMENTS, CONTRACTS, INVESTMENTS AND ANY OTHER MATTERS RELATING TO ITS FINANCIAL STANDING. 3. THE TRUST CORPORATION SHALL SUBMIT TO THE GOVERNOR, THE CHAIRPERSON OF THE SENATE FINANCE COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER, WITHIN NINETY DAYS AFTER THE END OF ITS FISCAL YEAR, A COMPLETE AND DETAILED REPORT OF ITS OPER- ATIONS AND ACCOMPLISHMENTS, ITS RECEIPTS AND DISBURSEMENTS AND ITS ASSETS AND LIABILITIES, AND SHALL PUBLISH A COPY OF SUCH REPORT ON ITS PUBLIC WEBSITE. § 138-F. CREATION OF TRUST A PUBLIC PURPOSE. IT IS HEREBY FOUND, DETERMINED AND DECLARED THAT THE CREATION OF THE NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST AND THE CARRYING OUT OF ITS CORPORATE PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK, FOR THE REVITALIZATION OF THE NEW YORK STATE CANAL SYSTEM AND IN FURTHERANCE OF THEIR WELFARE AND PROSPERITY, AND IS A PUBLIC PURPOSE, IN THAT THE TRUST WILL BE PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS TITLE, AND IN FURTHERANCE OF SAME, THE INCOME, MONIES, OPERATIONS AND PROPER- TIES OF THE TRUST SHALL BE EXEMPT FROM TAXATION, INCLUDING WITHOUT LIMI- TATION ANY AND ALL STATE AND LOCAL INCOME, FRANCHISE, TRANSFER, RECORD- ING, REAL PROPERTY AND SALES TAXATION AND ANY ASSESSMENTS OF PAYMENTS IN LIEU OF TAXES. IN ADDITION, ALL CONTRIBUTIONS OF MONEY, RIGHTS OR INTER- ESTS IN REAL AND PERSONAL PROPERTY AND OTHER THINGS OF VALUE MADE TO THE CORPORATION WHETHER BY GIFT, DEVISE OR BEQUEST SHALL QUALIFY AS DEDUCTIONS IN COMPUTING THE NET TAXABLE INCOME OF THE DONOR FOR THE PURPOSES OF ANY INCOME TAX IMPOSED BY THE STATE OR ANY POLITICAL SUBDI- VISION THEREOF AND FOR FEDERAL INCOME TAX PURPOSES TO THE EXTENT PERMIT- TED UNDER FEDERAL LAW OR REGULATION. § 138-G. PAYMENTS IN LIEU OF TAXES. THE TRUST MAY, WHEN FUNDS ARE AVAILABLE AND THE CORPORATION'S BOARD FINDS IT FEASIBLE AND ADVISABLE, AND WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ENTER INTO AN AGREEMENT WITH A MUNICIPALITY OR DISTRICT WITHIN WHICH REAL PROPERTY HAS BEEN ACQUIRED BY THE TRUST, PROVIDING FOR THE PAYMENT OF MONEYS IN LIEU OF ANTICIPATED TAX REVENUES FOR A PERIOD NOT TO EXCEED FIVE YEARS WHEN- EVER THE TRUST SHALL DETERMINE THAT UNDUE HARDSHIP JUSTIFYING SUCH FINANCIAL RELIEF HAS BEEN CREATED BY SUCH ACQUISITION. § 138-H. MEMBERS AND EMPLOYEES NOT TO PROFIT. NO OFFICER, MEMBER OR EMPLOYEE OF THE TRUST SHALL RECEIVE OR MAY BE LAWFULLY ENTITLED TO RECEIVE ANY PECUNIARY PROFIT FROM THE OPERATION THEREOF EXCEPT THAT EMPLOYEES OF THE CORPORATION, IF ANY, MAY RECEIVE COMPENSATION FOR THE PERFORMANCE OF THEIR DUTIES AS AN EMPLOYEE OF THE CORPORATION. § 138-I. ACTIONS AGAINST THE TRUST. EXCEPT IN AN ACTION FOR WRONGFUL DEATH, AN ACTION AGAINST THE TRUST FOUNDED ON TORT SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON THE TRUST WITHIN THE TIME LIMITED BY, AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE GENERAL MUNICIPAL S. 2508--A 149 A. 3008--A LAW. AN ACTION AGAINST THE TRUST FOR WRONGFUL DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW. § 6. Subdivision 20 of section 2 of the canal law, as added by chapter 766 of the laws of 1992 and as renumbered by chapter 335 of the laws of 2001, is amended to read as follows: 20. ["Commission" shall mean the canal recreationway commission created pursuant to section one hundred thirty-eight-a of this chapter] "TRUST CORPORATION" SHALL MEAN THE NEW YORK STATE CANAL SYSTEM REVITALI- ZATION TRUST. § 7. Subdivision 2 of section 11 of the canal law, as added by chapter 167 of the laws of 2002, is amended to read as follows: 2. Notwithstanding any inconsistent provision of law, the corporation, authority, and [commission] TRUST CORPORATION, including any members, officers or employees thereof, shall not be liable for damages suffered by any persons and/or organizations resulting from any actions or activ- ities of such volunteers and/or volunteer organizations. § 8. Section 51 of the canal law, as amended by chapter 44 of the laws of 2009, is amended to read as follows: § 51. Method of abandonment. Prior to the exercising of such authority of abandonment, however, the corporation shall cause a notice of any proposed abandonment to be [transmitted to the commission and to be] published once each week for three successive weeks in a newspaper published in the county wherein such lands are located, except that such publication shall appear in a newspaper published in the municipality or locality wherein such lands are located when there is a newspaper published in such municipality or locality. Such notice shall describe the lands proposed to be abandoned with sufficient certainty to identify them and invite interested parties to file written statements either supporting or opposing the proposed abandonment. Upon the expiration of the period of publishing said notice, when it is the case that the assessment for such lands proposed for abandonment is equal to or great- er than fifty thousand dollars, the corporation shall hold a hearing at which evidence or further information may be submitted. A record shall be made of all evidence submitted at such hearing. If no hearing shall appear to the corporation to be warranted or subsequent to such hearing, should one be held, the corporation may in its discretion declare such lands abandoned for the purposes of the canal system. The corporation shall thereupon issue an official order abandoning the lands for canal purposes together with a map and description of the lands abandoned and dispose of any portion of canal lands so abandoned. Any money realized from the sale of such land shall be deposited into the canal fund. § 9. Section 55 of the canal law, as amended by chapter 335 of the laws of 2001, is amended to read as follows: § 55. Authority to lease land. 1. The corporation is hereby author- ized[, after review and comment by the commission as to consistency with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of this chapter and section three hundred eighty-two of the public authorities law,] to enter into leases of canal lands, canal terminals, and canal terminal lands [which are consistent with the canal recreationway plan. Such review and comment shall be provided within the time period set forth in the procedures of the commission established pursuant to section one hundred thirty-eight-b of this chapter which shall be no more than sixty days]. THE CORPORATION SHALL GIVE THE NEW YORK STATE CANAL SYSTEM REVITALIZATION TRUST NOTICE OF ANY SUCH LEASE S. 2508--A 150 A. 3008--A WITHIN SIXTY DAYS OF THE DATE THE LEASE IS EXECUTED BY THE PARTIES THER- ETO FOR THE PURPOSE OF KEEPING SUCH TRUST INFORMED OF SUCH MATTERS. 2. Lands to be leased shall be determined by the corporation to have no essential purpose for navigation. 3. [Leases of canal lands, canal terminals and canal terminal lands shall be for purposes which are consistent with the New York state canal recreationway plan approved pursuant to section one hundred thirty- eight-c of this chapter and section three hundred eighty-two of the public authorities law.] [4.] The corporation shall consider fully completed applications for leases of canal lands, canal terminals and canal terminal lands in such form and manner as the corporation shall prescribe. [5.] 4. Canal lands, canal terminals and canal terminal lands within the Adirondack park shall not be leased. [6.] 5. The corporation shall provide assistance, including reasonable access to lands, as may be necessary to assist potential applicants in preparing an application. [7.] 6. The corporation may require an applicant for a lease to provide necessary property surveys, environmental studies, maps and photographs, site plans and such other documents and studies as the corporation may determine to be necessary [to ascertain the compatibili- ty of proposed development with the New York state canal recreationway plan] and for the corporation to select a qualified lessee. [8.] 7. Revenues realized from the lease of canal lands, canal termi- nals and canal terminal lands shall be deposited into the canal fund. § 10. Subdivision 6 of section 56 of the canal law, as amended by chapter 335 of the laws of 2001, is amended to read as follows: 6. provisions providing a right of entry for [commission and] corpo- ration members and personnel and equipment for canal purposes; and § 11. Section 57 of the canal law is REPEALED. § 12. Subdivision 24 of section 10 of the canal law, as amended by chapter 335 of the laws of 2001, is amended to read as follows: 24. Prepare on an annual basis a detailed five-year capital plan for the maintenance and improvement of canal infrastructure. Such plan shall set system-wide goals and objectives for capital spending and[, commenc- ing January first, nineteen hundred ninety-five] AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, describe the compatibility of such plan [to the canal recreationway plan approved pursuant to section one hundred thir- ty-eight-c of this chapter] WITH CANAL SYSTEM REVITALIZATION PURPOSES AS STATED IN SECTION ONE HUNDRED THIRTY-EIGHT-C OF THIS CHAPTER. Such plan shall include but not be limited to such capital project categories as locks, canal bridges, channels, shorelines, dams, guard gates, and other structures necessary for safe and successful operation of the canal system. The plan shall also include a detailed schedule of all capital projects which the authority intends to undertake within the next five years and shall provide the following information for each such capital project: (a) a description of the project; (b) an indication of the category into which the project has been classified in the capital plan; (c) the estimated total cost of the project and expenditures by year for such project; (d) the actual disbursements by project for the prior year; and (e) the estimated dates of project initiation and completion. The plan shall also include a statement of the mix of financing methods to be used by the authority for financing the capital plan. The capital plan shall be submitted to the governor, the temporary president of the senate and the speaker of the assembly on the first day of January of each year [commencing in nineteen hundred ninety-three]. S. 2508--A 151 A. 3008--A § 13. Subdivision 1 of section 103 of the canal law, as amended by chapter 335 of the laws of 2001, is amended to read as follows: 1. The corporation shall have the power to impose tolls for the passage through locks and lift bridges by vessels which are propelled in whole or in part by mechanical power, and to collect such tolls by the sale of lock and lift bridge passes issued for such periods of time as the corporation shall determine. Tolls for such lock and lift bridge passes shall be established by regulation of the corporation [with the advice of the canal recreationway commission and following no fewer than two public hearings at geographically dispersed locations on the canal system. In addition, the corporation may provide by regulation for the sale of lock and lift bridge passes by any other entity, and may allow a charge for handling by such other entities not to exceed one dollar for each pass. No tolls shall be imposed or collected prior to the first day of April, nineteen hundred ninety-three] OR BY FORMAL ACTION OF THE CORPORATION BOARD. Vessels owned by the United States, a state, or subdivision thereof shall be exempted from the tolls authorized by this section. § 14. Paragraph 2 of subdivision (a) of section 168 of the economic development law, as amended by chapter 33 of the laws of 2006, is amended to read as follows: (2) the chairman or his or her designated representative of the New York state thruway authority, the New York power authority, and the tourism advisory council, the New York state council on the arts, the canal corporation, [the canal recreationway commission,] the Olympic regional development authority, and the Hudson River park trust; § 15. Paragraph (m) of subdivision 9 of section 1005-b of the public authorities law, as added by section 22 of part TT of chapter 54 of the laws of 2016, is amended to read as follows: (m) [approve and implement the New York state canal recreationway plan submitted pursuant to section one hundred thirty-eight-c of the canal law. The canal corporation's review and approval of the canal recrea- tionway plan shall be based upon its consideration of a generic environ- mental impact statement prepared by the canal corporation in accordance with article eight of the environmental conservation law and the regu- lations thereunder. Prior] PRIOR to the implementation of any substan- tial improvement by the canal corporation on canal lands, canal termi- nals, or canal terminal lands, or the lease of canal lands, canal terminals, or canal terminal lands for substantial commercial improve- ment, the canal corporation, [in addition to any review taken pursuant to] COMPLY WITH section 14.09 of the parks, recreation and historic preservation law[, shall conduct a reconnaissance level survey within three thousand feet of such lands to be improved of the type, location, and significance of historic buildings, sites, and districts listed on, or which may be eligible, for the state or national registers of histor- ic places. The findings of such survey shall be used to identify signif- icant historical resources and to determine whether the proposed improvements are compatible with such historic buildings, sites, and districts]; § 16. Subdivision 10 of section 1005-b of the public authorities law, as added by section 22 of part TT of chapter 54 of the laws of 2016, is amended as follows: 10. [(a) The canal corporation shall review the budget request submit- ted by the canal recreationway commission pursuant to section one hundred thirty-eight-b of the canal law. S. 2508--A 152 A. 3008--A (b)] The canal corporation, on or before the fifteenth day of Septem- ber of each year, shall submit to the director of the budget a request for the expenditure of funds available from the New York state canal system development fund pursuant to section ninety-two-u of the state finance law or available from any other non-federal sources appropriated from the state treasury. [(c) In the event that the request submitted by the canal corporation to the director of the budget differs from the request submitted by the commission to the canal corporation, then the request submitted by the canal corporation to the director of the budget shall specify the differences and shall set forth the reasons for such differences.] § 17. Construction. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effectuate its purposes. § 18. This act shall take effect immediately. PART WW Section 1. Expenditures of moneys appropriated to the department of agriculture and markets from the special revenue funds-other/state oper- ations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of agriculture and markets' participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, annually, the commissioner of the depart- ment of agriculture and markets shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 2. Expenditures of moneys appropriated to the department of state from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the activities of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law, including, but not limited to participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursu- ant to article 7 or 10 of the public service law, and expenses related to the activities of the major renewable energy development program established by section 94-c of the executive law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, annu- ally, the secretary of state shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 3. Expenditures of moneys appropriated to the office of parks, recreation and historic preservation from the special revenue funds- other/state operations, miscellaneous special revenue fund-339, public S. 2508--A 153 A. 3008--A service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the office of parks, recreation and historic preservation's participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the mean- ing of section 18-a of the public service law. No later than August 15, annually, the commissioner of the office of parks, recreation and historic preservation shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 4. Expenditures of moneys appropriated to the department of environ- mental conservation from the special revenue funds-other/state oper- ations, environmental conservation special revenue fund-301, utility environmental regulation account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contra- ry, direct and indirect expenses relating to the department of environ- mental conservation's participation in state energy policy proceedings, or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, annually, the commissioner of the department of environmental conservation shall submit an accounting of such expenses, including, but not limited to, expenses in the prior state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 5. Notwithstanding any other law, rule or regulation to the contra- ry, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. No later than August 15, annually, the commissioner of the department of health shall submit an accounting of expenses in the prior state fiscal year to the chair of the public service commission for the chair's review pursuant to the provisions of section 217 of the public service law. § 6. Any expense deemed to be expenses of the department of public service pursuant to sections one through four of this act shall not be recovered through assessments imposed upon telephone corporations as defined in subdivision 17 of section 2 of the public service law. § 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S. 2508--A 154 A. 3008--A § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through WW of this act shall be as specifically set forth in the last section of such Parts.
2021-S2508B - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2508B - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M)
2021-S2508B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2508--B I N S E N A T E January 20, 2021 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); to amend the penal law, the vehi- cle and traffic law and the transportation law, in relation to trans- portation worker safety; and to amend the state finance law, in relation to establishing the work zone safety fund (Subpart A); to amend the vehicle and traffic law and the highway law, in relation to highway clearance (Subpart B); to amend the vehicle and traffic law, in relation to increased fines for injury to pedestrians (Subpart C); and to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices; and providing for the repeal of such provisions upon expiration there- of (Subpart D) (Part B); to amend the public authorities law, in relation to electronic bidding (Part C); intentionally omitted (Part D); to amend the penal law, in relation to including the intentional use of any toll highway, parkway, road, bridge or tunnel or entry into or remaining in a tolled central business district without payment of the lawful toll or charge as a theft of services; and to amend the vehicle and traffic law, in relation to the penalty imposed upon the operator of a vehicle with an altered or obscured license plate while on a toll highway, bridge or tunnel (Part E); intentionally omitted (Part F); intentionally omitted (Part G); intentionally omitted (Part H); to amend the penal law, in relation to assaulting or harassing certain employees of a transit agency or authority (Part I); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part J); to amend the urban development corpo- ration act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); intentionally omitted (Part L); to amend section 3 of part S of chapter 58 of the laws of 2016, relating
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-04-1 S. 2508--B 2 to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, in relation to the effectiveness thereof (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to the effectiveness thereof (Part N); to amend the business corporation law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law and the real property law, in relation to service of process (Part O); to amend the executive law, in relation to providing for electronic notarization (Part P); intentionally omit- ted (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); to amend part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, in relation to the utility debt securitization authority; in relation to permitting the issuance of securitized restructuring bonds to finance system resiliency costs; and to amend the public authorities law, in relation to contracts between service providers and third parties (Part T); to amend the economic development law, in relation to recharge New York power for eligible small businesses and not-for-profit corporations (Part U); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing the power authority of the state of New York to form a pure captive insurance company (Part V); to authorize the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); to amend the environmental conservation law and the state finance law, in relation to hunting; and to repeal certain provisions of the environmental conservation law relating thereto (Part X); intentionally omitted (Part Y); to authorize the county of Nassau, to permanently and tempo- rarily convey certain easements and to temporarily alienate certain parklands (Subpart A); to authorize the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands (Subpart B); and to authorize the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporar- ily alienate certain parklands (Subpart C) (Part Z); to amend the tax law, in relation to extending certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); to authorize the grant of certain easements to AlleCatt Wind Energy LLC on a proportion of real property within the Farmersville State Forest, Swift Hill State Forest, and Lost Nation State Forest in the county of Allegany; and providing for the repeal of such provisions upon the expiration thereof (Part BB); to amend chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", in relation to the effectiveness thereof (Part CC); in relation to establishing the "rail advantaged housing act" (Part DD); to amend the public authorities law, in relation to the clean energy resources development and incentives program (Part EE); to amend chapter 166 of S. 2508--B 3 the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; and to amend the vehicle and traffic law, in relation to extending the expiration of the mandatory surcharge and victim assistance fee (Part FF); in relation to establishing the New York task force on automated vehicle technology; to amend part FF of chap- ter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the effectiveness there- of; and providing for the repeal of certain provisions upon expi- ration thereof (Part GG); intentionally omitted (Part HH); to amend Part BB of chapter 58 of the laws of 2012, amending the public author- ities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to the effectiveness thereof (Part II); authorizing the superintendent of financial services to convene a motor vehicle insur- ance task force to examine alternatives to the no-fault insurance system and deliver a report relating thereto (Part JJ); intentionally omitted (Part KK); intentionally omitted (Part LL); intentionally omitted (Part MM); to amend subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, in relation to funding to local government enti- ties from the urban development corporation (Part NN); intentionally omitted (Part OO); to amend the general obligations law, in relation to the discontinuance of the London interbank offered rate (Part PP); intentionally omitted (Part QQ); intentionally omitted (Part RR); to amend the New York state medical care facilities finance agency act, in relation to the ability to issue certain bonds and notes (Part SS); to amend the economic development law and the tax law, in relation to establishing the small business return-to-work tax credit program (Subpart A); to amend the economic development law and the tax law, in relation to establishing the restaurant return-to-work tax credit program (Subpart B); and to amend the tax law and the state finance law, in relation to establishing the New York city musical and theat- rical production tax credit; and providing for the repeal of such provisions upon expiration thereof (Subpart C) (Part TT); inten- tionally omitted (Part UU); intentionally omitted (Part VV); to authorize utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of envi- ronmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues; and providing for the repeal of such provisions upon expiration there- of (Part WW); to amend the highway law, in relation to the rate paid by the state to a city for maintenance and repair of highways (Part XX); to amend the private housing finance law and the state finance law, in relation to enacting the "housing our neighbors with dignity act" (Part YY); to amend the public authorities law and the general municipal law, in relation to the procurement of electric-powered buses, vehicles or other related equipment (Part ZZ); authorizing the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2021 "clean water, green jobs, green New York" for the purposes of environmental improve- ments that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2021 (Part S. 2508--B 4 AAA); to amend the environmental conservation law and the state finance law, in relation to the implementation of the environmental bond act of 2021 "clean water, green jobs, green New York" (Part BBB); to amend the environmental conservation law, in relation to establish- ing the extended producer responsibility act (Part CCC); to amend the agriculture and markets law, in relation to the Nourish New York program (Part DDD); to amend the public service law, in relation to directing the public service commission to review broadband and fiber optic services within the state (Part EEE); to amend the education law, the tax law, the state finance law and the public service law, in relation to ensuring all children have access to the delivery of tech- nology through high-quality broadband internet connectivity in support of the constitutional education obligations of the state; and provid- ing for the repeal of such provisions upon expiration thereof (Part FFF); to amend the infrastructure investment act, in relation to public employees' supervision, examination, review, and determination of acceptability of public works projects performed by contractors (Part GGG); and to amend the New York state urban development corpo- ration act, in relation to establishing a small business grant program (Part HHH) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through HHH. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Intentionally Omitted PART B Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the safety of trans- portation workers, pedestrians, and the traveling public. Each component is wholly contained within a Subpart identified as Subparts A through D. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it S. 2508--B 5 is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi- vision 11 as separately amended by chapters 268 and 281 of the laws of 2016, are amended to read as follows: 3. With intent to prevent a peace officer, a police officer, prosecu- tor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforce- ment agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician admin- istering first aid in the course of performance of duty as such fire- fighter, an emergency medical service paramedic or emergency medical service technician, or medical or related personnel in a hospital emer- gency department, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART- MENT, or employee of any entity governed by the public service law in the course of performing an essential service, from performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actor's intent that the animal obstruct the lawful activity of such peace officer, police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal proce- dure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforce- ment agent, New York city sanitation worker, firefighter, paramedic, technician, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART- MENT, or employee of an entity governed by the public service law, he or she causes physical injury to such peace officer, police officer, prose- cutor as defined in subdivision thirty-one of section 1.20 of the crimi- nal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic, technician or medical or related personnel in a hospital emergency department, city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING S. 2508--B 6 MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee of an entity governed by the public service law; or 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforce- ment agent, A HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGH- TEEN-A OF THE VEHICLE AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS- ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emergency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traf- fic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART- MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS- ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi- sion thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, including the cleaning of a train or bus station or terminal, or such city marshal, school crossing guard, traffic enforcement officer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC- TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic, or emergency medical service technician is performing an assigned duty; or § 2. The penal law is amended by adding a new section 120.19 to read as follows: § 120.19 MENACING A HIGHWAY WORKER. A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN- TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR OF DEATH, IMMINENT SERIOUS PHYSICAL INJURY OR PHYSICAL INJURY. FOR PURPOSES OF THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING S. 2508--B 7 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW. MENACING A HIGHWAY WORKER IS A CLASS E FELONY. § 3. The vehicle and traffic law is amended by adding two new sections 118-a and 118-b to read as follows: § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE STATE, A COUNTY, CITY, TOWN OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, INCLUDING MAINTENANCE, REPAIR, FLAGGING, UTILITY WORK, CONSTRUCTION, RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC- TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS ARTICLE. § 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES- TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION. § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of section 510 of the vehicle and traffic law, as added by section 1 of part B of chapter 55 of the laws of 2014, are amended to read as follows: (xii) of a second or subsequent conviction of a violation of section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a probationary license, as defined in subdivision four of section five hundred one of this title, at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration or issuance of such probationary license; [or] (xiii) of a second or subsequent conviction of a violation of section twelve hundred twenty-five-c or section twelve hundred twenty-five-d of this chapter committed where such person is the holder of a class DJ or MJ learner's permit or a class DJ or MJ license at the time of the commission of such violation and such second or subsequent violation was committed within six months following the restoration of such permit or license; OR (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND OR THIRD DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER. § 5. The vehicle and traffic law is amended by adding a new section 1221-a to read as follows: § 1221-A. ENDANGERMENT OF A HIGHWAY WORKER. 1. A DRIVER OF A MOTOR VEHICLE COMMITS ENDANGERMENT OF A HIGHWAY WORKER IF THE DRIVER IS OPER- ATING A MOTOR VEHICLE WITHIN A WORK AREA AS DEFINED IN SECTION ONE HUNDRED SIXTY-ONE OF THIS CHAPTER AT ANY TIME ONE OR MORE HIGHWAY WORK- ERS ARE IN THE WORK AREA AND DOES ANY OF THE FOLLOWING: (A) ENTERS A WORK AREA IN ANY LANE NOT CLEARLY DESIGNATED FOR USE BY MOTOR VEHICLES; OR (B) FAILS TO OBEY TRAFFIC CONTROL DEVICES CONTROLLING THE FLOW OF MOTOR VEHICLES THROUGH THE WORK AREA FOR ANY REASON OTHER THAN: (I) AN EMERGENCY; (II) THE AVOIDANCE OF AN OBSTACLE; OR (III) THE PROTECTION OF THE HEALTH AND SAFETY OF ANOTHER PERSON. 2. (A) A DRIVER OF A MOTOR VEHICLE WHO VIOLATES THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN ONE S. 2508--B 8 THOUSAND DOLLARS AND NOT LESS THAN FIVE HUNDRED DOLLARS OR BY IMPRISON- MENT FOR NOT MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISON- MENT. (B) A DRIVER OF A MOTOR VEHICLE WHO CAUSES PHYSICAL INJURY AS DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK AREA WHILE VIOLATING PARAGRAPH ONE OF THIS SECTION SHALL BE GUILTY OF A TRAF- FIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN TWO THOUSAND DOLLARS AND NOT LESS THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. (C) A DRIVER OF A MOTOR VEHICLE WHO CAUSES SERIOUS PHYSICAL INJURY AS DEFINED IN ARTICLE TEN OF THE PENAL LAW TO A HIGHWAY WORKER IN THE WORK AREA WHILE VIOLATING PARAGRAPH ONE OF THIS SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION PUNISHABLE BY A FINE OF NOT MORE THAN FIVE THOUSAND DOLLARS AND NOT LESS THAN TWO THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT. 3. IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A VIOLATION OF THIS SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE THE FINE IMPOSED PURSUANT TO THIS SECTION AND NO OTHER PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS- FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED, HOWEVER, IF THE PROSECUTING ATTORNEY, UPON REVIEWING THE AVAILABLE EVIDENCE, DETERMINES THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS NOT WARRANTED, SUCH PROSECUTING ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION. SUCH FINE SHALL NOT BE WAIVED OR REDUCED BELOW THE MINIMUM AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION. SIXTY PERCENT OF FINES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID TO THE WORK ZONE SAFETY FUND ESTABLISHED BY SECTION NINETY-NINE- II OF THE STATE FINANCE LAW. 4. NO PERSON SHALL BE GUILTY OF ENDANGERMENT OF A HIGHWAY WORKER FOR ANY ACT OR OMISSION OTHERWISE CONSTITUTING A VIOLATION UNDER THIS SECTION IF THE ACT OR OMISSION RESULTS, IN WHOLE OR IN PART, FROM MECHANICAL FAILURE OF THE PERSON'S MOTOR VEHICLE OR FROM THE NEGLIGENCE OF A HIGHWAY WORKER OR ANOTHER PERSON. 5. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT THE IMPOSITION OF A CHARGE OF ANY OTHER OFFENSE SET FORTH IN THIS OR ANY OTHER PROVISION OF LAW FOR ANY ACTS ARISING OUT OF THE SAME INCIDENT. § 6. The vehicle and traffic law is amended by adding a new section 1221-b to read as follows: § 1221-B. WORK AREA SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCEMENT AGENCIES, AND REPRESENTATIVES FOR CONTRACTORS, LABORERS, AND PUBLIC EMPLOYEES, SHALL DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY WORK AREA SAFE- TY, TO REDUCE THE NUMBER OF WORK AREA INCIDENTS, INCLUDING SPEEDING, UNAUTHORIZED INTRUSIONS INTO WORK AREAS, AND ANY CONDUCT RESULTING IN HAZARDS OR INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK AREA SAFETY. § 7. Section 161 of the vehicle and traffic law, as added by chapter 92 of the laws of 1984 and as renumbered by chapter 303 of the laws of 2014, is amended to read as follows: § 161. Work area OR WORK ZONE. [That part of a highway being used or occupied for the conduct of highway work, within which workers, vehi- S. 2508--B 9 cles, equipment, materials, supplies, excavations, or other obstructions are present.] THE AREA OF A HIGHWAY, BRIDGE, SHOULDER, MEDIAN, OR ASSO- CIATED RIGHT-OF-WAY, WHERE CONSTRUCTION, MAINTENANCE, UTILITY WORK, ACCIDENT RESPONSE, OR OTHER INCIDENT RESPONSE IS BEING PERFORMED. THE WORK AREA MUST BE MARKED BY SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC-CON- TROL SIGNALS, BARRIERS, PAVEMENT MARKINGS, AUTHORIZED EMERGENCY VEHI- CLES, OR HAZARD VEHICLES, AND EXTENDS FROM THE FIRST TRAFFIC CONTROL DEVICE ERECTED FOR PURPOSES OF CONTROLLING THE FLOW OF MOTOR VEHICLES THROUGH THE WORK AREA, INCLUDING SIGNS REDUCING THE NORMAL SPEED LIMIT BUT EXCLUDING SIGNS NOTIFYING MOTORISTS OF AN IMPENDING SPEED LIMIT REDUCTION, TO THE "END ROAD WORK" SIGN OR THE LAST TEMPORARY TRAFFIC CONTROL DEVICE. THE SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC CONTROL SIGNALS, BARRIERS, PAVEMENT MARKINGS, OR AUTHORIZED EMERGENCY VEHICLES, OR HAZARD VEHICLES MUST MEET DEPARTMENT OF TRANSPORTATION STANDARDS AND THE PROVISIONS OF THIS CHAPTER, AND MUST BE INSTALLED PROPERLY SO THAT THEY ARE CLEARLY VISIBLE TO MOTORISTS IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES. § 8. Section 22 of the transportation law, as added by chapter 223 of the laws of 2005, is amended to read as follows: § 22. Work zone safety and enforcement. The department shall, in coop- eration with the superintendent of state police, the commissioner of motor vehicles, the chairman of the New York state thruway authority, local law enforcement agencies and representatives for contractors [and] , laborers AND PUBLIC EMPLOYEES, develop and implement rules and regu- lations for the increased safety of work zones. Such rules and regu- lations shall include, but shall not be limited to, a police presence at all major active work zones as defined by rules and regulations set forth by the commissioner, the use of radar speed display signs at all major active work zones as defined by rules and regulations set forth by the commissioner, and a system for reviewing work zone safety and design for all work zones under the jurisdiction of the department. § 9. The state finance law is amended by adding a new section 99-ii to read as follows: § 99-II. WORK ZONE SAFETY FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "WORK ZONE SAFETY FUND." 2. THE FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR ITS PURPOSE, ALL MONIES REQUIRED BY THIS SECTION OR ANY OTHER PROVISION OF LAW TO BE PAID INTO OR CREDITED TO SUCH FUND, COLLECTED BY THE MANDATORY FINES IMPOSED PURSUANT TO SECTION TWELVE HUNDRED TWENTY-ONE-A OF THE VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANS- FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. ANY INTER- EST RECEIVED BY THE COMPTROLLER ON MONIES ON DEPOSIT IN THE WORK ZONE SAFETY FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND. 3. MONIES OF THE FUND SHALL, FOLLOWING APPROPRIATION BY THE LEGISLA- TURE, BE DISBURSED TO PROVIDE WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES PURSUANT TO SECTION TWENTY-TWO OF THE TRANSPORTATION LAW. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES LISTED IN THIS PARAGRAPH, AND SHALL NOT BE USED TO SUPPLANT ANY OTHER FUNDS WHICH WOULD OTHERWISE HAVE BEEN EXPENDED FOR WORK ZONE SAFETY AND ENFORCEMENT, INCLUDING WITH- OUT LIMITATION WORK ZONE SAFETY ENFORCEMENT, WORK ZONE MARKINGS, RADAR SPEED DISPLAY SIGNS, AND POLICE MONITORING OF WORK ZONES. 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER. S. 2508--B 10 5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK- ER OF THE ASSEMBLY, AND CHAIRS OF THE ASSEMBLY AND SENATE TRANSPORTATION COMMITTEES, THE AMOUNT OF MONEY DEPOSITED IN THE WORK ZONE SAFETY FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION ONE THOUSAND TWO HUNDRED TWENTY-ONE-A OF THE VEHICLE AND TRAFFIC LAW. 6. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DIRECTOR OF THE DIVISION OF BUDGET, IN CONSULTATION WITH THE RELEVANT AGENCIES AND AUTHORITIES, SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE AND ASSEMBLY TRANSPORTATION COMMITTEES, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE: (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (II) RECIPIENTS OF DISBURSEMENTS FROM THE FUND; (III) THE AMOUNT AWARDED TO EACH; (IV) THE PURPOSES FOR WHICH SUCH DISBURSEMENTS WERE MADE; AND (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI- MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED- ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS OF THE PRIOR FISCAL YEAR. § 10. This act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART B Section 1. Section 600 of the vehicle and traffic law is amended by adding a new subdivision 4 to read as follows: 4. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT BE CONSTRUED TO BE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION BECAUSE OF SUCH MOVEMENT. § 2. Subdivision 2 of section 15 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows: 2. The commissioner [of transportation], A POLICE OFFICER, OR ANY HAZARD VEHICLE OPERATOR ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER shall have the power to cause the immediate removal, from the right of way of any state highway, of any vehicle, CARGO, OR DEBRIS which obstructs or interferes with the use of such a highway for public travel; or which obstructs or interferes with the construction, recon- struction or maintenance of such a highway; or which obstructs or inter- feres with the clearing or removal of snow or ice from such a highway; or which obstructs or interferes with any operation of the department of transportation during a public emergency. THE COMMISSIONER, OR A POLICE OFFICER, OR ANY HAZARD VEHICLE OPERATOR ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A NEGLIGENT MANNER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW. § 3. The commissioner of transportation, in conjunction with the commissioner of motor vehicles and the superintendent of state police, S. 2508--B 11 shall undertake a public education campaign to alert motorists and law enforcement officers of their rights and responsibilities under subdivi- sion 4 of section 600 of the vehicle and traffic law and subdivision 2 of section 15 of the highway law. § 4. The commissioner of motor vehicles shall incorporate the amend- ments to subdivision 4 of section 600 of the vehicle and traffic law into its training materials and driver's manual in the regular course of business. § 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date are authorized to be made and completed on or before such effective date. SUBPART C Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi- cle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: 1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while fail- ing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than [five hundred] ONE THOUSAND dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment. § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: 1. A driver of a motor vehicle who causes serious physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED dollars or by imprisonment for not more than fifteen days or by required participation in a motor vehicle accident prevention course pursuant to paragraph (e-1) of subdivision two of section 65.10 of the penal law or by any combination of such fine, imprisonment or course, and by suspen- sion of a license or registration pursuant to subparagraph (xiv) or (xv) of paragraph b of subdivision two of section five hundred ten of this chapter. § 3. Subdivision (d) of section 1146 of the vehicle and traffic law, as amended by chapter 333 of the laws of 2010, is amended to read as follows: (d) A violation of subdivision (b) or (c) of this section committed by a person who has previously been convicted of any violation of such subdivisions within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than [one] TWO thousand dollars in addition to any other penalties provided by law. § 4. This act shall take effect on the one hundred eightieth day after it shall have become a law. SUBPART D Section 1. Subdivision 1 of section 235 of the vehicle and traffic law, as separately amended by sections 1 of chapters 145 and 148 of the laws of 2019, is amended to read as follows: S. 2508--B 12 1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions consti- tuting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine,] or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such section, or to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 1-a. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 1 of chapter 145 of the laws of 2019, is amended to read as follows: 1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions consti- tuting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with S. 2508--B 13 section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such section, or to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 1-b. Section 235 of the vehicle and traffic law, as separately amended by sections 1-a of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chap- ter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION S. 2508--B 14 (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 1-c. Section 235 of the vehicle and traffic law, as separately amended by sections 1-b of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or to adjudicate the liability of owners for violations of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu- lations pertaining thereto shall be constituted in substantial conform- ance with the following sections. § 1-d. Section 235 of the vehicle and traffic law, as separately amended by sections 1-c of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred S. 2508--B 15 eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu- lations pertaining thereto shall be constituted in substantial conform- ance with the following sections. § 1-e. Section 235 of the vehicle and traffic law, as separately amended by sections 1-d of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate liability of owners for violations of subdivi- sions (c) and (d) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. S. 2508--B 16 § 1-f. Section 235 of the vehicle and traffic law, as separately amended by sections 1-e of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate the liability of owners for violations of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 1-g. Section 235 of the vehicle and traffic law, as separately amended by sections 1-f of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate the liability of owners for violations of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto S. 2508--B 17 shall be constituted in substantial conformance with the following sections. § 1-h. Section 235 of the vehicle and traffic law, as separately amended by sections 1-g of chapters 145 and 148 of the laws of 2019, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regu- lations pertaining thereto shall be constituted in substantial conform- ance with the following sections. § 1-i. Section 235 of the vehicle and traffic law, as separately amended by chapter 715 of the laws of 1972 and chapter 379 of the laws of 1992, is amended to read as follows: § 235. Jurisdiction. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU- DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, such tribunal and the rules and regulations pertaining thereto shall be constituted in substantial conformance with the following sections. § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2 of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-a of this chapter or subdivisions (a) of sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or subdivision (a) of section eleven hundred eleven-d of this chapter, or subdivision (a) of section eleven hundred S. 2508--B 18 eleven-e of this chapter, or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with such section eleven hundred eleven-a, sections eleven hundred eleven-b as added by sections sixteen of chap- ters twenty, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d or section eleven hundred eleven-e and shall adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty and shall adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section and shall adjudicate liability of owners in accordance with section eleven hundred seventy-four-a of this chapter for violations of section eleven hundred seventy-four of this chapter and shall adjudicate the liability of owners for violations of subdivi- sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chap- ter and shall adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- Y-E OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandoned vehi- cle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 2 of chapter 145 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-a of this chapter or subdivisions (a) of sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or subdivision (a) of section eleven hundred eleven-d of this chapter, or subdivision (a) of section eleven hundred eleven-e of this chapter, or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with such section eleven hundred eleven-a, sections eleven hundred eleven-b as added by sections sixteen of chap- ters twenty, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d or section eleven hundred eleven-e and shall adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities S. 2508--B 19 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty and shall adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section and shall adjudicate liability of owners in accordance with section eleven hundred seventy-four-a of this chapter for violations of section eleven hundred seventy-four of this chapter and shall adjudicate the liability of owners for violations of subdivi- sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chap- ter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandoned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2-a of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivisions (a) of sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or subdivision (a) of section eleven hundred eleven-d of this chapter, or subdivision (a) of section eleven hundred eleven-e of this chapter, or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter in accordance with such sections eleven hundred eleven-b as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine or section eleven hundred eleven-d or section elev- en hundred eleven-e; and shall adjudicate liability of owners in accord- ance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section and shall adjudicate liability of owners in accordance with section eleven hundred seventy- four-a of this chapter for violations of section eleven hundred seven- ty-four of this chapter and shall adjudicate liability of owners for violations of subdivisions (c) and (d) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter and shall adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-d of this chapter, SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- Y-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addi- tion for purposes of this article, "commissioner" shall mean and include S. 2508--B 20 the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2-b of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-d or subdivision (a) of section eleven hundred eleven-e of this chapter, or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall adjudicate liability of owners in accordance with section eleven hundred eleven-c of this chapter for violations of bus lane restrictions as defined in such section; and shall adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter; and shall adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addi- tion for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2-c of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-d of this chapter or subdivision (a) of section eleven hundred eleven-e of this chapter, or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall have juris- diction of traffic infractions which constitute a parking violation and shall adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter and shall adjudicate the liability of owners for violations of subdivi- sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chap- ter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. S. 2508--B 21 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2-d of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and, where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-d of this chapter or subdivision (a) of section eleven hundred eleven-e of this chapter, or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall have juris- diction of traffic infractions which constitute a parking violation and shall adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP- TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traf- fic of the city or an official possessing authority as such a commis- sioner. § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2-e of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred eleven-e or subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall have jurisdiction of traf- fic infractions which constitute a parking violation and shall adjudi- cate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traf- fic of the city or an official possessing authority as such a commis- sioner. § 2-g. Subdivision 1 of section 236 of the vehicle and traffic law, as separately amended by sections 2-f of chapters 145 and 148 of the laws of 2019, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and where authorized by local law adopted pursuant to subdivision (a) of section eleven hundred seventy-four-a of this chapter, shall have juris- diction of traffic infractions which constitute a parking violation and shall adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP- S. 2508--B 22 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traf- fic of the city or an official possessing authority as such a commis- sioner. § 2-h. Subdivision 1 of section 236 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation AND, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 3. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 17 to read as follows: 17. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP- TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4 of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-a of this chapter, or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, or section eleven hundred seventy-four-a of this chapter, and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eleven-c of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of chapter 145 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant S. 2508--B 23 to authorization set forth in section eleven hundred eleven-a of this chapter, or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, or section eleven hundred seventy-four-a of this chapter, and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eleven-c of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4-a of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine, or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter or section eleven hundred seventy-four-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section elev- en hundred eleven-c of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4-b of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article and shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-d of this chap- ter or to a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-e of this chapter or to a notice of liability issued pursuant to authorization set forth in section elev- en hundred seventy-four-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eleven-c of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4-c of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article and S. 2508--B 24 shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-d of this chap- ter or to a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-e of this chapter or to a notice of liability issued pursuant to authorization set forth in section elev- en hundred seventy-four-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4-d of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article and shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-d of this chap- ter or to a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-e of this chapter or to a notice of liability issued pursuant to authorization set forth in section elev- en hundred seventy-four-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4-e of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article and shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred eleven-e of this chap- ter or to a notice of liability issued pursuant to authorization set forth in section eleven hundred seventy-four-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-g. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as separately amended by sections 4-f of chapters 145 and 148 of the laws of 2019, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article and shall not be deemed to include a notice of liability issued pursuant to authorization set forth in section eleven hundred seventy-four-a of this chapter and shall not be deemed to include a notice of liability issued pursuant to section eleven hundred eighty-d of this chapter, AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 4-h. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as added by chapter 180 of the laws of 1980, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT S. 2508--B 25 TO AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER. § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic law, as separately amended by sections 5 of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a of this chapter or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, or section eleven hundred seventy-four-a of this chapter, for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or a person alleged to be liable in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or section eleven hundred eleven-d of this chapter or section eleven hundred eleven-e of this chapter or section eleven hundred seven- ty-four-a of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public author- ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN S. 2508--B 26 HUNDRED EIGHTY-E OF THIS CHAPTER is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as amended by section 5 of chapter 145 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a of this chapter or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine or section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, or section eleven hundred seventy-four-a of this chapter, for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or a person alleged to be liable in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine or section eleven hundred eleven-d of this chapter or section elev- en hundred eleven-e of this chapter or section eleven hundred seventy- four-a of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or an allega- tion of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall S. 2508--B 27 not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as separately amended by sections 5-a of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine or section eleven hundred eleven-d of this chapter or section eleven hundred eleven-e of this chapter or section eleven hundred seventy-four-a of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, or a person alleged to be liable in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with sections eleven hundred eleven-b of this chapter, as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter, or in accordance with section eleven hundred eleven-e of this chapter or section eleven hundred seventy-four-a of this chapter or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or an allegation of liability in accordance with section eleven hundred eight- y-d of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hear- ing. § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as separately amended by sections 5-b of chapters 145 and 148 of the laws of 2019, are amended to read as follows: S. 2508--B 28 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or section eleven hundred seventy-four-a of this chapter or in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section elev- en hundred eighty of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or section eleven hundred seventy-four-a of this chapter or in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as separately amended by sections 5-c of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with section eleven hundred eleven-d of this chapter, or a person alleged to be liable in accordance with section eleven hundred eleven-e of this chapter, or a person alleged to be liable in accordance with section eleven hundred seventy-four-a of this chapter, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A S. 2508--B 29 PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-d of this chapter, or the bureau has been notified that an allegation of liability in accord- ance with section eleven hundred eleven-e of this chapter, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as separately amended by sections 5-d of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with section eleven hundred eleven-d of this chapter contests such allegation, or a person alleged to be liable in accordance with section eleven hundred eleven-e of this chapter contests such alle- gation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance with section eleven hundred seventy-four-a of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that fail- ure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-d of this chapter, is being contested, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-e of this S. 2508--B 30 chapter, or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter, is being contested, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS BEING CONTESTED, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as separately amended by sections 5-e of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with section eleven hundred eleven-e of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance with section eleven hundred seventy-four-a of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that fail- ure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-e of this chapter, or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter, is being contested, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS BEING CONTESTED, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-g. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- fic law, as separately amended by sections 5-f of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF S. 2508--B 31 SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, or a person alleged to be liable in accordance with section eleven hundred seventy-four-a of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon. 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred seventy-four-a of this chap- ter, is being contested, or the bureau has been notified that an allega- tion of liability in accordance with section eleven hundred eighty-d of this chapter is being contested, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- Y-E OF THIS CHAPTER IS BEING CONTESTED, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 5-h. Subdivision 1 of section 240 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered ther- eon. § 5-i. Subdivision 1-a of section 240 of the vehicle and traffic law, as added by chapter 365 of the laws of 1978, is amended to read as follows: 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS BEING CONTESTED by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as separately amended by sections 6 of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter or in accordance S. 2508--B 32 with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or an allega- tion of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or an allegation of liability in accord- ance with section eleven hundred eleven-c of this chapter or an allega- tion of liability in accordance with section eleven hundred eighty-b of this chapter, or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter is contested or in accordance with section eleven hundred eleven-e of this chapter is contested or in accordance with section eleven hundred seventy-four-a of this chapter is contested or of a hearing at which liability in accord- ance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty is contested or of a hearing at which liability in accordance with section eleven hundred eleven-c of this chapter or of a hearing at which liabil- ity in accordance with section eleven hundred eighty-b of this chapter or of a hearing at which liability in accordance with section eleven hundred eighty-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for the making of the record. § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as amended by section 6 of chapter 145 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or an allega- tion of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or an allegation of liability in accord- ance with section eleven hundred eleven-c of this chapter or an allega- tion of liability in accordance with section eleven hundred eighty-b of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred S. 2508--B 33 eleven-b of this chapter as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter is contested or in accordance with section eleven hundred eleven-e of this chapter is contested or in accordance with section eleven hundred seventy-four-a of this chapter is contested or of a hearing at which liability in accord- ance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty is contested or of a hearing at which liability in accordance with section eleven hundred eleven-c of this chapter or OF a hearing at which liabil- ity in accordance with section eleven hundred eighty-b of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for the making of the record. § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by sections 6-a of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with sections eleven hundred eleven-b of this chapter, as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or an allega- tion of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- Y-E OF THIS CHAPTER, shall be held before a hearing examiner in accord- ance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with sections eleven hundred eleven-b of this chapter, as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or of a hear- ing at which liability in accordance with section eleven hundred eleven-c of this chapter or of a hearing at which liability in accord- ance with section eleven hundred eighty-b of this chapter or of a hear- ing at which liability in accordance with section eleven hundred eight- y-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for the making of the record. § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by sections 6-b of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or an allegation of liability in accord- ance with section eleven hundred eleven-e of this chapter or an allega- tion of liability in accordance with section eleven hundred eleven-d of this chapter or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in S. 2508--B 34 accordance with section eleven hundred eighty-b of this chapter or an allegation of liability in accordance with section eleven hundred eight- y-d of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred seventy-four-a of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-d of this chapter or of a hearing at which liability in accord- ance with section eleven hundred eleven-c of this chapter or of a hear- ing at which liability in accordance with section eleven hundred eight- y-b of this chapter or of a hearing at which liability in accordance with section eleven hundred eighty-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for the making of the record. § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by sections 6-c of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or an allegation of liability in accord- ance with section eleven hundred eleven-e of this chapter or an allega- tion of liability in accordance with section eleven hundred eleven-d of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- Y-E OF THIS CHAPTER shall be held before a hearing examiner in accord- ance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred seventy-four-a of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-d of this chapter or of a hearing at which liability in accord- ance with section eleven hundred eighty-b of this chapter or of a hear- ing at which liability in accordance with section eleven hundred eight- y-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for the making of the record. § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by section 6-d of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or an allegation of liability in accord- ance with section eleven hundred eleven-e of this chapter or an allega- tion of liability in accordance with section eleven hundred eleven-d of this chapter or an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be S. 2508--B 35 held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or a hearing at which liability in accordance with section eleven hundred eleven-d of this chapter is contested or of a hearing at which liability in accordance with section eleven hundred seventy-four-a of this chapter or a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter or a hearing at which liability in accordance with section eleven hundred eighty-d of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested. Recording devices may be used for the making of the record. § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by section 6-e of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or an allega- tion of liability in accordance with section eleven hundred eighty-d of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter or a hearing at which liability in accordance with section eleven hundred eighty-d of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER is contested or a hearing at which liability in accordance with section eleven hundred seventy-four-a of this chapter is contested. Recording devices may be used for the making of the record. § 6-g. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as separately amended by sections 6-f of chapters 145 and 148 of the laws of 2019, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or an allegation of liability in accord- ance with section eleven hundred eighty-d of this chapter OR AN ALLEGA- TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty or a hearing at which liability in accordance with section eleven hundred seventy-four-a of this chapter is contested or a hearing at which liability in accordance with section eleven hundred eighty-d of this chapter IS CONTESTED OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. § 6-h. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as added by chapter 715 of the laws of 1972, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. S. 2508--B 36 g. A record shall be made of a hearing on a plea of not guilty OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7 of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or the record of liabilities incurred in accordance with section two thousand nine hundred eighty- five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty of the person charged, or the record of liabilities incurred in accordance with section eleven hundred eleven-c of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-b of this chapter, or in the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter of the person charged, OR IN THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or fails to contest an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or fails to contest an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or fails to contest an allegation of liability in accordance with section eleven hundred eight- y-b of this chapter or fails to contest an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a S. 2508--B 37 default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter alleged or liability in accord- ance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- ter seven hundred seventy-four of the laws of nineteen hundred fifty alleged or liability in accordance with section eleven hundred eleven-c of this chapter or liability in accordance with section eleven hundred eighty-b of this chapter alleged, or liability in accordance with section eleven hundred eighty-d of this chapter alleged, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter as added by sections sixteen of chapters twen- ty, and twenty-two of the laws of two thousand nine or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or contesting an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or contesting an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or contesting an allegation of liabil- ity in accordance with section eleven hundred eighty-d of this chapter, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining S. 2508--B 38 them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as amended by section 7 of chapter 145 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or the record of liabilities incurred in accordance with section two thousand nine hundred eighty- five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty of the person charged, or the record of liabilities incurred in accordance with section eleven hundred eleven-c of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-b of this chapter, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penal- ties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or fails to contest an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or fails to contest an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or fails to contest an allegation of liability in accordance with section eleven hundred eight- y-b of this chapter, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regu- lation of the bureau, such failure to plead [or], contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator S. 2508--B 39 or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter alleged or liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty alleged or liability in accordance with section eleven hundred eleven-c of this chapter or liability in accord- ance with section eleven hundred eighty-b of this chapter alleged, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chap- ters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter or contesting an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or contesting an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making an appear- ance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7-a of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either S. 2508--B 40 the prior parking violations record or the record of liabilities incurred in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred seventy-four-a of this chapter of the person charged, or the record of liabilities incurred in accordance with section eleven hundred eleven-c of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-b of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter of the person charged, OR THE RECORD OF LIABIL- ITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penal- ties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter, or in accordance with section eleven hundred eleven-e of this chapter, or in accordance with section eleven hundred seventy-four-a of this chapter, or fails to contest an allegation of liability in accordance with section eleven hundred eleven-c of this chapter, or fails to contest an allegation of liability incurred in accordance with section eleven hundred eighty-b of this chapter, or fails to contest an allegation of liability incurred in accordance with section eleven hundred eighty-d of this chapter, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with sections eleven hundred eleven-b of this chapter, [as added by sections sixteen of chapters twenty, and twenty- two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter, or in accordance with section eleven hundred eleven-e of this chapter, or in accordance with section eleven hundred seventy-four-a of this chapter, or liability in accord- ance with section eleven hundred eleven-c of this chapter or liability in accordance with section eleven hundred eighty-b of this chapter alleged, or liability in accordance with section eleven hundred eighty-d of this chapter alleged, OR ALLEGED LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of S. 2508--B 41 the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with sections eleven hundred eleven-b of this chapter [as added by sections sixteen of chapters twenty, and twenty-two of the laws of two thousand nine] or in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter, or in accordance with section eleven hundred seventy-four-a of this chapter, or contesting an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or contesting an allegation of liabil- ity in accordance with section eleven hundred eighty-d of this chapter, OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, as appropriate, or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7-b of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-e of this chapter of the person charged, or the record of liabilities incurred in accordance with section eleven hundred seventy-four-a of this chapter of the person charged, or the record of liabilities incurred in accordance with section eleven hundred eleven-d of this chapter of the person charged, or the record of liabilities incurred in accordance with section eleven hundred eleven-c of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-b of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penal- ties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, or contest S. 2508--B 42 an allegation of liability in accordance with section eleven hundred eleven-e of this chapter, or contest an allegation of liability in accordance with section eleven hundred eleven-d of this chapter, or fails to contest an allegation of liability in accordance with section eleven hundred eleven-c of this chapter, or fails to contest an allega- tion of liability incurred in accordance with section eleven hundred eighty-b of this chapter, or fails to contest an allegation of liability incurred in accordance with section eleven hundred eighty-d of this chapter, OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability in accordance with section eleven hundred seven- ty-four-a of this chapter, or liability in accordance with section elev- en hundred eleven-e of this chapter, or liability in accordance with section eleven hundred eleven-d of this chapter, or alleged liability in accordance with section eleven hundred eleven-c of this chapter or alleged liability in accordance with section eleven hundred eighty-b of this chapter, or alleged liability in accordance with section eleven hundred eighty-d of this chapter, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or contesting an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contesting an allega- tion of liability in accordance with section eleven hundred eleven-d of this chapter or contesting an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or contesting an allega- tion of liability in accordance with section eleven hundred eighty-b of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGA- TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an appearance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the S. 2508--B 43 hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he or she shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7-c of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-d of this chapter of the person charged, or the record of liabilities incurred in accordance with section eleven hundred seventy-four-a of this chapter of the person charged, or the record of liabilities incurred in accordance with section eleven hundred eleven-e of this chapter of the person charged or the record of liabilities incurred in accordance with section eleven hundred eighty-b of this chapter, or the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, or contest an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contest an allegation of liability in accordance with section eleven hundred eleven-d of this chapter or fails to contest an allegation of liability incurred in accordance with section eleven hundred eighty-b of this chapter or fails to contest an allegation of liability incurred in accordance with section eleven hundred eighty-d of this chapter OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a designated hearing date or subse- quent adjourned date or fails after a hearing to comply with the deter- mination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, CONTEST, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged or liability in accordance with section eleven hundred seventy-four-a of this chapter or liability in accordance with section eleven hundred eleven-e of this chapter or liability in accordance with section eleven hundred eleven-d of this chapter or liability in accordance with section eleven hundred eighty-b of this chapter alleged, or liability in accordance with section eleven hundred eighty-d of this chapter alleged, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or S. 2508--B 44 other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or contesting an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contesting an allega- tion of liability in accordance with section eleven hundred eleven-d of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-b of this chapter or contesting an allega- tion of liability in accordance with section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an appearance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7-d of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine either the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred seventy-four-a of this chapter of the person charged or the record of liabilities incurred in accordance with section eleven hundred eleven-e of this chapter of the person charged or the record of liabilities incurred in accordance with section eleven hundred eleven-d of this chapter of the person charged or the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter of the person charged, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll main- tained by the bureau together with records showing payment and nonpay- ment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, or contest an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contest an allegation of liability in accordance with section eleven hundred eleven-d of this chapter or contest an allegation of liability incurred in accordance with section eleven hundred eighty-d of this chapter OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a designated hearing date or subse- S. 2508--B 45 quent adjourned date or fails after a hearing to comply with the deter- mination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, CONTEST, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged or liability in accordance with section eleven hundred seventy-four-a of this chapter or liability in accordance with section eleven hundred eleven-e of this chapter alleged or liabil- ity in accordance with section eleven hundred eleven-d of this chapter alleged or liability in accordance with section eleven hundred eighty-d of this chapter alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or contesting an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contesting an allegation of liabil- ity in accordance with section eleven hundred eleven-d of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an appearance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to addi- tional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustain- ing them, he OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7-e of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred eleven-e of this chapter of the person charged or the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter OR THE RECORD OF LIABIL- ITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER of the person charged, as applicable, prior to rendering a final determination or the record of liabilities incurred in accordance S. 2508--B 46 with section eleven hundred seventy-four-a of this chapter of the person charged, as applicable, prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, or contest an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contest an allegation of liability incurred in accordance with section eleven hundred eighty-d of this chapter OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a desig- nated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, CONTEST, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged or liability in accordance with section eleven hundred eleven-e of this chapter alleged or liability in accordance with section eleven hundred seventy-four-a of this chapter or liability in accordance with section eleven hundred eighty-d of this chapter alleged OR LIABILITY IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or contesting an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter or contesting an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF LIABIL- ITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an appearance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to addi- tional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustain- ing them, he OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. S. 2508--B 47 § 7-g. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as separately amended by sections 7-f of chapters 145 and 148 of the laws of 2019, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he or she may examine the prior parking violations record or the record of liabilities incurred in accordance with section eleven hundred seventy-four-a of this chapter or the record of liabilities incurred in accordance with section eleven hundred eighty-d of this chapter OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER of the person charged, as applicable, prior to rendering a final determi- nation. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred seventy-four-a of this chapter, or contest an allegation of liability incurred in accordance with section eleven hundred eighty-d of this chapter OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regu- lation of the bureau, such failure to plead, CONTEST, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged or liability in accordance with section eleven hundred eighty-d of this chapter alleged OR LIABILITY IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with section eleven hundred eighty-d of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an appearance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to additional penal- ty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of opera- tors or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustain- S. 2508--B 48 ing them, he OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. § 7-h. Subdivision 1 of section 241 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972, is amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained he OR SHE may examine EITHER the prior parking violations record OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. § 7-i. Subdivision 2 of section 241 of the vehicle and traffic law, as amended by chapter 365 of the laws of 1978, is amended to read as follows: 2. Where an operator or owner fails to enter a plea to a charge of a parking violation OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead, CONTEST, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea OR CONTESTING AN ALLEGATION and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commis- sion may direct; (1) of the violation charged, OR LIABILITY IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER or making an appearance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hear- ing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determi- nation on the charges, sustaining them, he OR SHE shall impose no great- er penalty or fine than those upon which the person was originally charged. § 8. The vehicle and traffic law is amended by adding a new section 1180-e to read as follows: S. 2508--B 49 § 1180-E. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OF TRANSPORTATION IS HEREBY AUTHOR- IZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND LOCATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY UNDER THE COMMISSIONER'S JURISDICTION (I) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE COMMISSIONER TO INSTALL PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN FIFTEEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON INTER- STATE OR AUXILIARY INTERSTATE HIGHWAYS UNDER THE COMMISSIONER'S JURIS- DICTION AND TO OPERATE SUCH SYSTEMS WHEN HIGHWAY CONSTRUCTION OR MAINTE- NANCE WORK IS OCCURRING AND WITHIN SUCH WORK AREAS (III) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVI- SION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE COMMISSIONER, IN CONSULTA- TION WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, SHALL DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY UNDER THE JURISDICTION OF THE COMMISSIONER IN WHICH TO INSTALL AND OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, THE COMMISSIONER SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROAD- WAY GEOMETRY APPLICABLE TO SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR OPERATED ON AN INTERSTATE OR AUXILIARY INTERSTATE HIGHWAY EXIT RAMP. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A PUBLIC HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT APPROVAL BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD THE CHAIR OF THE THRUWAY AUTHORITY IS HEREBY AUTHORIZED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND LOCATED ON THE THRUWAY (I) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CHAIR TO INSTALL PHOTO SPEED VIOLATION MONI- TORING SYSTEMS WITHIN NO MORE THAN FIVE HIGHWAY CONSTRUCTION OR MAINTE- NANCE WORK AREAS LOCATED ON THE THRUWAY AND TO OPERATE SUCH SYSTEMS WHEN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK IS OCCURRING AND WITHIN SUCH WORK AREAS (III) WHEN A WORK AREA SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPH TWO OF SUBDIVISION (D) OR SUBDIVISION (F) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDI- S. 2508--B 50 VISION (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE CHAIR, IN CONSULTATION WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, SHALL DETERMINE THE LOCATION OF THE HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS LOCATED ON THE THRUWAY IN WHICH TO INSTALL AND OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS. IN SELECTING A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, THE CHAIR SHALL CONSIDER CRITERIA INCLUD- ING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROADWAY GEOMETRY APPLICABLE TO SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR OPERATED ON A THRUWAY EXIT RAMP. 3. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A HIGH- WAY CONSTRUCTION OR MAINTENANCE WORK AREA UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FIVE OF THIS SUBDIVISION. THE COMMISSIONER OR CHAIR, AS APPLI- CABLE, SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED VIOLATION MONITORING SYSTEM IS IN USE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD. 4. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER- ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE PRODUCING A RECORDED IMAGE THAT DAY. THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, SHALL RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEO OR OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM. 5. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU- AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM. 6. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV- ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, SHOWS THAT THEY MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE. (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE EXCLUSIVE USE OF THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO S. 2508--B 51 THIS SECTION, AND SHALL BE DESTROYED BY THE COMMISSIONER OR CHAIR, AS APPLICABLE, UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES FROM SUCH SYSTEMS: (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND (B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY AGAINST THE LAWS OF THIS STATE; AND (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN THIS STATE; AND (3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A) OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL ACTION OR PROCEEDING. (B) IF THE COMMISSIONER OR CHAIR ESTABLISHES A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, WITHIN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED ON A CONTROLLED-ACCESS HIGHWAY UNDER THE JURISDICTION OF THE COMMISSIONER OR ON THE THRUWAY IN VIOLATION OF PARAGRAPH TWO OF SUBDIVI- SION (D) OR SUBDIVISION (F), OR WHEN OTHER SPEED LIMITS ARE IN EFFECT IN S. 2508--B 52 VIOLATION OF SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D), OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAV- ELING AT A SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT WITHIN SUCH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CHAIR" SHALL MEAN THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORI- TY; 2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION; 3. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER; 4. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER; 5. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO- PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME IT IS USED OR OPERATED IN A HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA LOCATED ON A CONTROLLED-ACCESS HIGHWAY UNDER THE JURISDICTION OF THE COMMISSIONER OR ON THE THRUWAY IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; 6. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI- TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORITIES LAW; AND 7. "THRUWAY" SHALL MEAN GENERALLY A DIVIDED HIGHWAY UNDER THE JURIS- DICTION OF THE THRUWAY AUTHORITY FOR MIXED TRAFFIC WITH ACCESS LIMITED AS THE AUTHORITY MAY DETERMINE AND GENERALLY WITH GRADE SEPARATIONS AT INTERSECTIONS. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE COMMISSIONER OR CHAIR AS APPLICABLE, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST VIOLATION, SEVENTY-FIVE DOLLARS FOR A SECOND VIOLATION COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED WITHIN EIGHTEEN MONTHS OF THE PREVIOUS S. 2508--B 53 VIOLATIONS; PROVIDED, HOWEVER, THAT AN ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION MAY BE IMPOSED FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB- LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI- NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE COMMIS- SIONER OR CHAIR AS APPLICABLE, OR BY ANY OTHER ENTITY AUTHORIZED BY THE COMMISSIONER OR CHAIR TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY. (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A CITY HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI- CATION BY SUCH TRIBUNAL. (I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR S. 2508--B 54 PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU. (J) 1. WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSU- ANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A COURT HAVING JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION, PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. 2. (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT: (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI- FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. (II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. S. 2508--B 55 2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH- OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER- ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA- TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. (M) IF THE COMMISSIONER OR CHAIR ADOPTS A DEMONSTRATION PROGRAM PURSU- ANT TO SUBDIVISION (A) OF THIS SECTION THE COMMISSIONER OR CHAIR, AS APPLICABLE, SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. THE COMMISSIONER OR CHAIR SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING WEBSITES, PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE COMMISSIONER OR CHAIR FINDS THAT PROVIDING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH REPORT SHALL INCLUDE: 1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED; 2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES, INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURISDIC- TION OF THE COMMISSIONER OR ON THE THRUWAY, TO THE EXTENT THE INFORMA- TION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES, INJURIES AND PROPERTY DAMAGE REPORTED WITHIN HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMIS- SIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURIS- DICTION OF THE COMMISSIONER OR ON THE THRUWAY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS TO THE EXTENT THE INFORMATION IS MAIN- TAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS; 6. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREAS ON CONTROLLED-ACCESS HIGHWAYS UNDER THE JURISDICTION OF THE COMMISSIONER OR ON THE THRUWAY THAT WERE: (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; S. 2508--B 56 (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; AND (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; 7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE: (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; AND (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT; 8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS; 9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU- DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE; 11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE STATE OR THRUWAY AUTHORITY IN CONNECTION WITH THE PROGRAM; 12. THE EXPENSES INCURRED BY THE STATE OR THE THRUWAY AUTHORITY IN CONNECTION WITH THE PROGRAM; 13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE AND THE THRUWAY AUTHORITY ON WORK ZONE SAFETY PROJECTS IN ACCORDANCE WITH SUBDIVISIONS ELEVEN AND TWELVE OF SECTION EIGHTEEN HUNDRED THREE OF THIS CHAPTER; AND 14. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE. (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI- VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI- TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 9. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10 of chapter 145 and section 9 of chapter 148 of the laws of 2019, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an S. 2508--B 57 adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred S. 2508--B 58 eighty-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. § 9-a. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10 of chapter 145 of the laws of 2019, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section S. 2508--B 59 eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of section eleven hundred seven- ty-four of this chapter in accordance with section eleven hundred seven- ty-four-a of this chapter, there shall be levied a crime victim assist- ance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. § 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-a of chapter 145 and section 9-a of chapter 148 of the laws of 2019, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equip- ment or violations by pedestrians or bicyclists, or other than an adju- dication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section S. 2508--B 60 eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seven- ty-four of this chapter in accordance with section eleven hundred seven- ty-four-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. § 9-c. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-b of chapter 145 and section 9-b of chapter 148 of the laws of 2019, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chap- ter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 9-d. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-c of chapter 145 and section 9-c of chapter 148 of the laws of 2019, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this S. 2508--B 61 chapter in accordance with section eleven hundred eleven-e of this chap- ter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 9-e. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-d of chapter 145 and section 9-d of chapter 148 of the laws of 2019, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 9-f. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-f of chapter 145 and section 9-f of chapter 148 of the laws of 2019, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-d of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 9-g. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-g of chapter 145 and section 9-g of chapter 148 of the laws of 2019, is amended to read as follows: S. 2508--B 62 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, OR OTHER THAN AN ADJU- DICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 9-h. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately amended by section 11 of chapter 145 and section 10 of chapter 148 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter, or in accordance with section eleven hundred eleven-e of this chap- ter, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chap- ter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and [expect] EXCEPT an adjudi- cation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of toll S. 2508--B 63 collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or other than an adjudication of liabil- ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, AND EXCEPT AN ADJUDI- CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11 of chapter 145 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter, or in accordance with section eleven hundred eleven-e of this chap- ter, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chap- ter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and [expect] EXCEPT an adjudi- cation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thou- sand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately amended by section 11-a of chapter 145 and section 10-a of chapter 148 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- S. 2508--B 64 fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-d of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thou- sand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately amended by section 11-b of chapter 145 and section 10-b of chapter 148 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, and except an adjudi- cation of liability of an owner for a violation of toll collection regu- S. 2508--B 65 lations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately amended by section 11-c of chapter 145 and section 10-c of chapter 148 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, and except an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately amended by section 11-e of chapter 145 and section 10-e of chapter 148 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-d of this chapter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER S. 2508--B 66 FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as separately amended by section 11-f of chapter 145 and section 10-f of chapter 148 of the laws of 2019, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, or in accordance with section eleven hundred seventy-four-a of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-d of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 10-g. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 5 of part C of chapter 55 of the laws of 2013, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter, AND EXCEPT AS AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT- Y-E OF THIS CHAPTER, and except an adjudication of liability of an owner S. 2508--B 67 for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 11. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8 of chapter 145 and section 11 of chapter 148 of the laws of 2019, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction or administrative tribunal of appropriate jurisdiction that the registrant or his or her representative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eigh- teen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a, section elev- en hundred eleven-b or section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chap- ter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter, or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (vii) the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, or (vii) the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter, OR (VIII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his or her agent shall deny the regis- tration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal follow- ing entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commis- sioner has determined that such registrant's intent has been to evade S. 2508--B 68 the purposes of this subdivision and where the commissioner has reason- able grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-a. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of chapter 145 of the laws of 2019, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction or [adminstrative] ADMINISTRATIVE tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-a, section eleven hundred eleven-b or section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chap- ter for a violation of a bus lane restriction as defined in such section, or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (c) or (d) of section eleven hundred eighty of this chapter, or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (vii) the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, OR (VIII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court, traffic and parking violations agency or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final deci- sion. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only S. 2508--B 69 remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8-a of chapter 145 of the laws of 2019 and section 11-a of chapter 148 of the laws of 2019. is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to a total of three or more summonses or other process in the aggregate, issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accordance with section eleven hundred eleven-b of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eleven-c of this chap- ter for a violation of a bus lane restriction as defined in such section; or (iv) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (v) the regis- trant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter ; or (vi) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (vii) the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter; or [(vii)] (VIII) the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter; OR (IX) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or admin- istrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- S. 2508--B 70 sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8-b of chapter 145 and section 11-b of chapter 148 of the laws of 2019, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accord- ance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section; or (iii) the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iv) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter,[,] or the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (v) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (VI) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER; OR (vii) the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the S. 2508--B 71 case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8-c of chapter 145 and section 11-c of chapter 148 of the laws of 2019, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the registrant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority; or (ii) the registrant was liable in accord- ance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (iii) the registrant was liable in accordance with section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter,[,] or the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter; or (iv) the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter; or (v) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER; OR (VI) the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or admin- istrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8-d of chapter 145 and S. 2508--B 72 section 11-d of chapter 148 of the laws of 2019, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his OR HER agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, or the registrant was liable in accordance with section eleven hundred eleven-d of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, or the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wher- ein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-f. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8-f of chapter 145 and section 11-f of chapter 148 of the laws of 2019, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his or her represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen S. 2508--B 73 month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his or her agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, or the registrant was liable in accordance with section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, the commissioner or his or her agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appear- ance or answer has been made or in the case of an administrative tribu- nal that he has complied with the rules and regulations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his or her discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-g. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by section 8-g of chapter 145 and section 11-g of chapter 148 of the laws of 2019, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his OR HER represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his OR HER agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, or the registrant was liable in accordance with section eleven hundred seventy-four-a of this chapter for a violation of section eleven hundred seventy-four of this chapter, or the registrant was liable in accordance with section eleven hundred eighty-d of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE REGISTRANT WAS S. 2508--B 74 LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAP- TER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEV- EN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his OR HER agent shall deny the registration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an administrative tribunal that he or she has complied with the rules and regulations of said tribunal following entry of a final deci- sion. Where an application is denied pursuant to this section, the commissioner may, in his OR HER discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivision. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. § 11-h. Paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as separately amended by chapters 339 and 592 of the laws of 1987, is amended to read as follows: a. If at the time of application for a registration or renewal thereof there is a certification from a court or administrative tribunal of appropriate jurisdiction that the registrant or his OR HER represen- tative failed to appear on the return date or any subsequent adjourned date or failed to comply with the rules and regulations of an adminis- trative tribunal following entry of a final decision in response to three or more summonses or other process, issued within an eighteen month period, charging that such motor vehicle was parked, stopped or standing, or that such motor vehicle was operated for hire by the regis- trant or his OR HER agent without being licensed as a motor vehicle for hire by the appropriate local authority, in violation of any of the provisions of this chapter or of any law, ordinance, rule or regulation made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his OR HER agent shall deny the regis- tration or renewal application until the applicant provides proof from the court or administrative tribunal wherein the charges are pending that an appearance or answer has been made or in the case of an adminis- trative tribunal that he OR SHE has complied with the rules and regu- lations of said tribunal following entry of a final decision. Where an application is denied pursuant to this section, the commissioner may, in his OR HER discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such registrant's intent has been to evade the purposes of this subdivision and where the commissioner has reasonable grounds to believe that such registration or renewal will have the effect of defeating the purposes of this subdivi- sion. Such denial shall only remain in effect as long as the summonses remain unanswered, or in the case of an administrative tribunal, the registrant fails to comply with the rules and regulations following entry of a final decision. S. 2508--B 75 § 12. The general municipal law is amended by adding a new section 371-a to read as follows: § 371-A. ADDITIONAL JURISDICTION AND PROCEDURE RELATED TO THE ADJUDI- CATION OF CERTAIN NOTICES OF LIABILITY. A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SUBDIVISION ONE AND A TRAFFIC AND PARKING VIOLATIONS AGENCY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE MAY BE AUTHORIZED TO ADJUDI- CATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-E OF THE VEHICLE AND TRAFFIC LAW, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. § 13. Section 1803 of the vehicle and traffic law is amended by adding two new subdivisions 11 and 12 to read as follows: 11. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF THIS SECTION, WHERE THE COMMISSIONER OF TRANSPORTATION HAS ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, ANY FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION. EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL PROVIDE. THE COMPTROLLER SHALL PAY EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY TO THE COMMISSIONER IN ACCORDANCE WITH THE SCHEDULE BELOW, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY TO THE CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED. ALL FINES, PENALTIES AND FORFEITURES PAID TO A CITY, TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT DISPOSI- TION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDINANCE. WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE COMMIS- SIONER, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO THE WORK ZONE SAFETY FUND AS ESTABLISHED BY SECTION NINETY-NINE-II OF THE STATE FINANCE LAW AFTER DEDUCTING THE EXPENSES NECESSARY TO ADMINISTER THE DEMONSTRATION PROGRAM. 12. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF THIS SECTION, WHERE THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORITY HAS ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-E OF THIS CHAPTER, ANY FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR OTHER OFFICER FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION. EVERY SUCH PAYMENT SHALL BE ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL PROVIDE. THE COMPTROLLER SHALL PAY EIGHTY PERCENT OF ANY SUCH FINE OR PENALTY IMPOSED FOR SUCH LIABILITY TO THE THRUWAY AUTHORITY IN ACCORDANCE WITH THE SCHEDULE BELOW, AND TWENTY PERCENT OF ANY SUCH FINE OR PENALTY TO THE CITY, TOWN OR VILLAGE IN WHICH THE VIOLATION GIVING RISE TO THE LIABILITY OCCURRED. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORITY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPO- S. 2508--B 76 RATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORITIES LAW. ALL FINES, PENALTIES AND FORFEITURES PAID TO A CITY, TOWN OR VILLAGE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE CREDITED TO THE GENERAL FUND OF SUCH CITY, TOWN OR VILLAGE, UNLESS A DIFFERENT DISPOSITION IS PRESCRIBED BY CHARTER, SPECIAL LAW, LOCAL LAW OR ORDINANCE. WITH RESPECT TO THE PERCENTAGE OF FINES OR PENALTIES PAID TO THE THRUWAY AUTHORITY, NO LESS THAN SIXTY PERCENT SHALL BE DEDICATED TO IMPROVING WORK ZONE AND ROADWAY SAFETY AFTER DEDUCTING THE EXPENSES NECESSARY TO ADMINISTER THE DEMONSTRATION PROGRAM. § 14. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (r) to read as follows: (R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-E OF THE VEHICLE AND TRAFFIC LAW. § 15. The purchase or lease of equipment for a demonstration program pursuant to section 1180-e of the vehicle and traffic law shall be subject to the provisions of section 103 of the general municipal law. § 16. For the purpose of informing and educating owners of motor vehicles in this state, an agency or authority authorized to issue notices of liability pursuant to the provisions of this act shall, during the first thirty-day period in which the photo violation monitor- ing systems are in operation pursuant to the provisions of this act, issue a written warning in lieu of a notice of liability to all owners of motor vehicles who would be held liable for failure of operators thereof to comply with subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of the vehicle and traffic law in accordance with section eleven hundred eighty-e of the vehicle and traffic law. § 17. This act shall take effect on the thirtieth day after it shall have become a law and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that any rules necessary for the implementation of this act on its effective date shall be promulgated on or before such effective date, provided that: (a) the amendments to subdivision 1 of section 235 of the vehicle and traffic law made by section one of this act shall not affect the expira- tion of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-a of this act shall take effect; (a-1) the amendments to section 235 of the vehicle and traffic law made by section one-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-b of this act shall take effect; (a-2) the amendments to section 235 of the vehicle and traffic law made by section one-b of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-c of this act shall take effect; (a-3) the amendments to section 235 of the vehicle and traffic law made by section one-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-d of this act shall take effect; (a-4) the amendments to section 235 of the vehicle and traffic law made by section one-d of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-e of this act shall take effect; (a-5) the amendments to section 235 of the vehicle and traffic law made by section one-e of this act shall not affect the expiration of S. 2508--B 77 such section and shall be deemed to expire therewith, when upon such date the provisions of section one-f of this act shall take effect; (a-6) the amendments to section 235 of the vehicle and traffic law made by section one-f of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-g of this act shall take effect; (a-7) the amendments to section 235 of the vehicle and traffic law made by section one-g of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-h of this act shall take effect; (a-8) the amendments to section 235 of the vehicle and traffic law made by section one-h of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-i of this act shall take effect; (b) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two of this act shall not affect the expira- tion of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-a of this act shall take effect; (b-1) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-b of this act shall take effect; (b-2) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-b of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-c of this act shall take effect; (b-3) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-c of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-d of this act shall take effect; (b-4) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-d of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-e of this act shall take effect; (b-5) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-e of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-f of this act shall take effect; (b-6) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-f of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-g of this act shall take effect; (b-7) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-g of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-h of this act shall take effect; (c) the amendments to subdivision 10 of section 237 of the vehicle and traffic law made by section three of this act shall not affect the expi- S. 2508--B 78 ration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section three-a of this act shall take effect; (c-1) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-a of this act shall take effect; (c-2) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-b of this act shall take effect; (c-3) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-c of this act shall take effect; (c-4) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-d of this act shall take effect; (c-5) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-d of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-e of this act shall take effect; (c-6) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-e of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-f of this act shall take effect; (c-7) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-f of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-g of this act shall take effect; (c-8) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-g of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-h of this act shall take effect; (d) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section five-a of this act shall take effect; (d-1) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five-a of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section five-b of this act shall take effect; (d-2) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five-b of this act shall not affect the expiration of such subdivisions and shall be deemed to expire S. 2508--B 79 therewith, when upon such date the provisions of section five-c of this act shall take effect; (d-3) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five-c of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section five-d of this act shall take effect; (d-4) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five-d of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section five-e of this act shall take effect; (d-5) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five-e of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section five-f of this act shall take effect; (d-6) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section five-f of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section five-g of this act shall take effect; (d-7) the amendments to subdivision 1 of section 240 of the vehicle and traffic law made by section five-g of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section five-h of this act shall take effect; (d-8) the amendments to subdivision 1-a of section 240 of the vehicle and traffic law made by section five-h of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section five-i of this act shall take effect; (e) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-a of this act shall take effect; (e-1) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-a of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-b of this act shall take effect; (e-2) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-b of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-c of this act shall take effect; (e-3) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-c of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-d of this act shall take effect; (e-4) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-d of this act shall not affect the expiration of such paragraphs and shall be deemed S. 2508--B 80 to expire therewith, when upon such date the provisions of section six-e of this act shall take effect; (e-5) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-e of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-f of this act shall take effect; (e-6) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-f of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-g of this act shall take effect; (e-7) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section six-g of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section six-h of this act shall take effect; (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi- cle and traffic law made by section seven of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with, when upon such date the provisions of section seven-a of this act shall take effect; (f-1) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-a of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section seven-b of this act shall take effect; (f-2) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-b of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section seven-c of this act shall take effect; (f-3) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-c of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section seven-d of this act shall take effect; (f-4) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-d of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section seven-e of this act shall take effect; (f-5) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-e of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section seven-f of this act shall take effect; (f-6) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-f of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section seven-g of this act shall take effect; (f-7) the amendments to subdivisions 1 and 2 of section 241 of the vehicle and traffic law made by section seven-g of this act shall not affect the expiration of such subdivisions and shall be deemed to expire S. 2508--B 81 therewith, when upon such date the provisions of sections seven-h and seven-i of this act shall take effect; (g) the amendments to the opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law made by section nine of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-a of this act shall take effect; (g-1) the amendments to the opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-b of this act shall take effect; (g-2) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-b of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-c of this act shall take effect; (g-3) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-d of this act shall take effect; (g-4) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-d of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-e of this act shall take effect; (g-5) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-e of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-f of this act shall take effect; (g-6) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-f of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-g of this act shall take effect; (g-7) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section nine-g of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section nine-h of this act shall take effect; (h) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section ten of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-a of this act shall take effect; (h-1) the amendments to section 1809-e of the vehicle and traffic law made by section ten-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-b of this act shall take effect; (h-2) the amendments to section 1809-e of the vehicle and traffic law made by section ten-b of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-c of this act shall take effect; S. 2508--B 82 (h-3) the amendments to section 1809-e of the vehicle and traffic law made by section ten-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-d of this act shall take effect; (h-4) the amendments to section 1809-e of the vehicle and traffic law made by section ten-d of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-e of this act shall take effect; (h-5) the amendments to section 1809-e of the vehicle and traffic law made by section ten-e of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-f of this act shall take effect; (h-6) the amendments to section 1809-e of the vehicle and traffic law made by section ten-f of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section ten-g of this act shall take effect; (i) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of of section 401 of the vehicle and traffic law made by section eleven of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-a of this act shall take effect; (i-1) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section eleven-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-b of this act shall take effect; (i-2) the amendments to section 401 of the vehicle and traffic law made by section eleven-b of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-c of this act shall take effect; (i-3) the amendments to section 401 of the vehicle and traffic law made by section eleven-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-d of this act shall take effect; (i-4) the amendments to section 401 of the vehicle and traffic law made by section eleven-d of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-e of this act shall take effect; (i-5) the amendments to section 401 of the vehicle and traffic law made by section eleven-e of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-f of this act shall take effect; (i-6) the amendments to section 401 of the vehicle and traffic law made by section eleven-f of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-g of this act shall take effect; and (i-7) the amendments to section 401 of the vehicle and traffic law made by section eleven-g of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eleven-h of this act shall take effect. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, S. 2508--B 83 subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through D of this act shall be as specifically set forth in the last section of such Subparts. PART C Section 1. Subdivision 1 of section 359 of the public authorities law, as amended by section 6 of part TT of chapter 54 of the laws of 2016, is amended to read as follows: 1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a highway connection, the authority shall proceed with the construction, reconstruction or improvement thereof. All such work shall be done pursuant to a contract or contracts which shall be let to the lowest responsible bidder, by sealed proposals publicly opened, after public advertisement and upon such terms and conditions as the authority shall require; provided, however, that the authority may reject any and all proposals and may advertise for new proposals, as herein provided, if in its opinion, the best interests of the authority will thereby be promoted; provided further, however, that at the request of the authority, all or any portion of such work, together with any engineering required by the authority in connection therewith, shall be performed by the commissioner and his subordinates in the department of transportation as agents for, and at the expense of, the authority. FOR THE PURPOSES OF THIS SECTION, A SEALED PROPOSAL MAY BE RECEIVED AND SECURED ELECTRONICALLY AS PERMITTED BY THE AUTHORITY, PROVIDED SUCH PROPOSAL IS MAINTAINED AND OPENED IN A MANNER CONSISTENT WITH THAT FOR PHYSICALLY SEALED PROPOSALS AND IS POSTED FOR PUBLIC VIEW AT THE SAME TIME AS ANY COMPETING SEALED PROPOSAL. THE AUTHORITY SHALL, AT MINIMUM, PROVIDE THE SAME OPPORTUNITY AND TIME FOR SUBMITTING BIDS ELECTRONICALLY AS FOR PROPOSALS SUBMITTED PHYSICALLY, AND THE BOARD SHALL ALSO APPROVE A PROCESS FOR FORCE MAJEURE EVENTS, INCLUDING BUT NOT LIMITED TO INTER- NET AND POWER OUTAGE EVENTS. § 2. This act shall take effect immediately. PART D Intentionally Omitted PART E Section 1. The closing paragraph of section 165.15 of the penal law, as amended by chapter 275 of the laws of 2018, is amended and a new subdivision 3-a is added to read as follows: 3-A. WITH INTENT TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND TRAFFIC LAW WITHOUT PAYMENT OF THE LAWFUL CHARGE OR TOLL THEREFOR, OR TO AVOID PAYMENT OF THE LAWFUL CHARGE OR TOLL FOR SUCH TRANSPORTATION SERVICE WHICH HAS BEEN RENDERED TO HIM OR HER FOR SUCH USE OF ANY TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, HE OR SHE AVOID OR ATTEMPTS TO S. 2508--B 84 AVOID PAYMENT BY FORCE, INTIMIDATION, STEALTH, DECEPTION OR MECHANICAL TAMPERING; OR Theft of services is a class A misdemeanor[, provided]. (A) PROVIDED, however, that theft of cable television service as defined by the provisions of paragraphs (a), (c) and (d) of subdivision four of this section, and having a value not in excess of one hundred dollars by a person who has not been previously convicted of theft of services under subdivision four of this section is a violation, that theft of services under subdivision nine of this section by a person who has not been previously convicted of theft of services under subdivision nine of this section is a violation, that theft of services under subdivision twelve of this section by a person who has not previously been convicted of theft of services under subdivision twelve of this section is a violation[, and provided]. (B) PROVIDED further, however, that theft of services of any telephone service under paragraph (a) or (b) of subdivision five of this section having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony. (C) (I) PROVIDED, FURTHER, THAT A COURT OR HEARING OFFICER SHALL OFFER A PERSON WHO IS CHARGED WITH THEFT OF SERVICES OF ANY TRANSPORTATION SERVICE UNDER SUBDIVISION THREE-A OF THIS SECTION WHO IS FINANCIALLY UNABLE TO AFFORD COUNSEL PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW THE OPPORTUNITY TO ENTER INTO AN INSTALLMENT PAYMENT PLAN AS AN ALTERNATE SENTENCE TO THE CRIMINAL CHARGE SET FORTH IN THIS SECTION. THE COURT OR HEARING OFFICER SHALL OFFER SUCH PERSON THE OPPORTUNITY TO ENTER INTO AN INSTALLMENT PAYMENT PLAN AT NO CHARGE FOR THE PAYMENT OF SUCH FINES, SURCHARGES AND ANY FEES RELATED TO VIOLATION OF THIS SECTION. ANY SUCH INSTALLMENT PAYMENT PLAN SHALL BE COMPRISED OF ALL FINES, FEES, AND SURCHARGES AND SHALL CONSIST OF MONTHLY PAYMENTS THAT DO NOT EXCEED TWO PERCENT OF SUCH PERSON'S MONTHLY NET INCOME OR FIFTEEN DOLLARS PER MONTH, WHICHEVER IS GREATER. FOR PURPOSES OF THIS SUBDIVI- SION, THE TERM "NET INCOME" SHALL MEAN SUCH PERSON'S TOTAL INCOME FROM ALL SOURCES AND ASSETS, MINUS DEDUCTIONS REQUIRED BY LAW INCLUDING BUT NOT LIMITED TO UNRELATED ADMINISTRATIVE OR COURT-ORDERED GARNISHMENTS AND SUPPORT PAYMENTS. A COURT OR HEARING OFFICER MAY REQUIRE THE SUBMISSION OF A FINANCIAL DISCLOSURE REPORT FROM ALL PERSONS WHO OPT TO ENTER INTO INSTALLMENT PAYMENT PLANS. A COURT OR HEARING OFFICER ALSO MAY ACCEPT PAYMENTS HIGHER THAN THE SET AMOUNT, BUT SHALL NOT UNDERTAKE ADDITIONAL ENFORCEMENT ACTIONS SO LONG AS THE PERSON MEETS HIS OR HER PAYMENT OBLIGATIONS UNDER THE INSTALLMENT PAYMENT PLAN. A COURT OR HEAR- ING OFFICER MAY REQUIRE PERSONS ENTERING INSTALLMENT PAYMENT PLANS TO APPEAR NO MORE FREQUENTLY THAN ANNUALLY BEFORE SUCH COURT OR HEARING OFFICER TO ASSESS THEIR FINANCIAL CIRCUMSTANCES, AND MAY SET A NEW PAYMENT AMOUNT IF SUCH PERSON'S FINANCIAL CIRCUMSTANCES HAVE CHANGED. A PERSON WHO ENTERS INTO AN INSTALLMENT PAYMENT PLAN AND EXPERIENCES A REDUCTION IN INCOME MAY PETITION THE COURT OR HEARING OFFICER AT ANY TIME TO SEEK A REDUCTION IN THE MONTHLY PAYMENT. (II) ANY FINES PAID BY A PERSON CONVICTED OF THEFT OF SERVICES OF ANY TRANSPORTATION SERVICE UNDER SUBDIVISION THREE-A OF THIS SECTION SHALL BE PAID TO THE COMPTROLLER FOR REMITTANCE TO THE EXECUTIVE DIRECTOR OF THE AUTHORITY WHICH OPERATES SUCH HIGHWAY, BRIDGE, TUNNEL, OR CENTRAL BUSINESS DISTRICT. THE EXECUTIVE DIRECTORS SHALL DEDICATE SUCH PENALTIES OR FINES TO MAINTENANCE OR STATE OF GOOD REPAIR PURPOSES ON HIGHWAYS, BRIDGES, OR TUNNELS, AND SHALL INCLUDE AN ITEMIZED LIST OF EXPENDITURES MADE WITH FUNDS RECEIVED PURSUANT TO THIS SECTION IN THEIR ANNUAL S. 2508--B 85 REPORT. SUCH AMOUNTS OF REVENUE DEDICATED PURSUANT TO THIS SUBPARAGRAPH SHALL BE USED TO INCREASE THE LEVEL OF FUNDS THAT WOULD OTHERWISE BE MADE AVAILABLE FOR MAINTENANCE OR STATE OF GOOD REPAIR PURPOSES AND SHALL NOT SUPPLANT THE AMOUNT TO BE EXPENDED AS OTHERWISE PROVIDED FOR PURSUANT TO STATE OR LOCAL LAW, RULE OR REGULATION. § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and traffic law, as amended by chapter 109 of the laws of 2005, is amended to read as follows: (b) (I) Number plates shall be kept clean and in a condition so as to be easily readable and shall not be covered by glass or any plastic material[, and]; (II) NUMBER PLATES shall not be knowingly covered or coated with any artificial or synthetic material or substance that conceals or obscures such number plates or that distorts a recorded or photographic image of such number plates[, and the]; AND (III) THE VIEW of such number plates shall not be obstructed by any part of the vehicle or by anything carried thereon, except for a receiv- er-transmitter issued by a publicly owned tolling facility in connection with electronic toll collection when such receiver-transmitter is affixed to the exterior of a vehicle in accordance with mounting instructions provided by the tolling facility. § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as amended by chapter 61 of the laws of 1989 and as renumbered by chapter 648 of the laws of 2006, is amended to read as follows: 8. The violation of this section shall be punishable by a fine of not less than twenty-five nor more than two hundred dollars EXCEPT FOR VIOLATIONS OF SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (B) OF SUBDIVI- SION ONE OF THIS SECTION WHICH SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS. PROVIDED FURTHER THAT CIVIL PENALTIES OR FINES ASSESSED PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION THAT OCCUR ON A TOLLED HIGHWAY, BRIDGE, AND/OR TUNNEL FACILITY OR IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THIS CHAPTER SHALL BE PAID TO THE COMPTROLLER FOR REMITTANCE TO THE EXECUTIVE DIRECTOR OF THE AUTHORITY WHICH OPERATES SUCH HIGHWAY, BRIDGE, TUNNEL, OR CENTRAL BUSINESS DISTRICT. THE EXECUTIVE DIRECTORS SHALL DEDICATE SUCH PENALTIES OR FINES TO MAINTENANCE OR STATE OF GOOD REPAIR PURPOSES ON HIGHWAYS, BRIDGES, OR TUNNELS, AND SHALL INCLUDE AN ITEMIZED LIST OF EXPENDITURES MADE WITH FUNDS RECEIVED PURSUANT TO THIS SECTION IN THEIR ANNUAL REPORT. PROVIDED ADDITIONALLY THAT SUCH AMOUNTS OF REVENUE DEDICATED TO SUCH AUTHORITIES SHALL BE USED TO INCREASE THE LEVEL OF FUNDS THAT WOULD OTHERWISE BE MADE AVAILABLE FOR MAINTENANCE OR STATE OF GOOD REPAIR PURPOSES AND SHALL NOT SUPPLANT THE AMOUNT TO BE EXPENDED AS OTHERWISE PROVIDED FOR PURSUANT TO STATE OR LOCAL LAW, RULE OR REGULATION. § 4. This act shall take effect on the ninetieth day after it shall have become a law. PART F Intentionally Omitted PART G Intentionally Omitted S. 2508--B 86 PART H Intentionally Omitted PART I Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- rately amended by chapters 268 and 281 of the laws of 2016, is amended to read as follows: 11. With intent to cause physical injury to a train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner, terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC- TURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR COMMUTER RAILROAD agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdi- visions, a city marshal, a school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, a traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, sanitation enforcement agent, New York city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emergency medical service technician, he or she causes physical injury to such train operator, ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner, terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN- TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, city marshal, school crossing guard appointed pursuant to section two hundred eight-a of the general municipal law, traffic enforcement officer, traffic enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation work- er, emergency medical service paramedic, or emergency medical service technician, while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus, [including the] cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR USE ON A TRAIN OR BUS, OR MAINTENANCE OF A TRAIN OR BUS STATION OR TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE OR BUS WHILE ON THE ROAD, or such city marshal, school crossing guard, traffic enforcement officer, traffic S. 2508--B 87 enforcement agent, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian, New York city public health sanitarian, sanitation enforcement agent, New York city sanitation work- er, emergency medical service paramedic, or emergency medical service technician is performing an assigned duty; or § 2. Section 240.30 of the penal law is amended by adding a new subdi- vision 3-a to read as follows: 3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION CLEANER; TERMINAL CLEANER; STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI- TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR § 3. This act shall take effect on the ninetieth day after it shall have become a law. PART J Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part FF of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2021] 2022, at which time the provisions of subdivision 26 of section 5 of the New York state urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART K Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by section 1 of part EE of chapter 58 of the laws of 2020, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2021] 2022. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. S. 2508--B 88 PART L Intentionally Omitted PART M Section 1. Section 3 of part S of chapter 58 of the laws of 2016, relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, as amended by section 1 of part Y of chapter 58 of the laws of 2018, is amended to read as follows: § 3. This act shall take effect on the ninetieth day after it shall have become a law [and shall expire and be deemed repealed July 31, 2021]; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. § 2. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part R of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 [and shall expire March 31, 2021]. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2021. PART O Section 1. Paragraph (d) of section 304 of the business corporation law is amended to read as follows: (d) Any designated [post-office] POST OFFICE address to which the secretary of state shall mail a copy of process served upon him OR HER as agent of a domestic corporation or a foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different [post-office] POST OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON- ICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 2. Subparagraph 1 of paragraph (b) of section 306 of the business corporation law, as amended by chapter 419 of the laws of 1990, is amended to read as follows: (1) Service of process on the secretary of state as agent of a domes- tic or authorized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY CLAUSE (I) OR (II) OF THIS SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to S. 2508--B 89 receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director's address stated therein or, in the case of an authorized foreign corpo- ration, to such corporation at the address of its office within this state on file in the department. (II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROC- ESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 3. The opening paragraph of paragraph (b) of section 307 of the business corporation law is amended to read as follows: Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT- UTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELEC- TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 4. Subparagraph 7 of paragraph (a) of section 402 of the business corporation law is amended to read as follows: (7) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 5. Paragraph (b) of section 801 of the business corporation law is amended by adding a new subparagraph 15 to read as follows: (15) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 6. Paragraph (b) of section 803 of the business corporation law is amended by adding a new subparagraph 4 to read as follows: S. 2508--B 90 (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 7. Paragraph (b) of section 805-A of the business corporation law, as added by chapter 725 of the laws of 1964, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such corpo- ration, may be signed[, verified] and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (a) (1), (2) and (3) of this section; that a notice of the proposed change was mailed to the corpo- ration by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corpo- ration has not objected thereto; and that the party signing the certif- icate is the agent of such corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF THE CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed[, verified] and deliv- ered under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certif- icate is filed. § 8. Subparagraph 8 of paragraph (a) of section 904-a of the business corporation law, as amended by chapter 177 of the laws of 2008, is amended to read as follows: (8) If the surviving or resulting entity is a foreign corporation or other business entity, a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section three hundred six of this chapter, in any action or special proceeding, and a post office address, within or with- out this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT; § 9. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of the business corporation law, as amended by chapter 494 of the laws of 1997, is amended to read as follows: (G) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding, and a post office address, within or without this state, to S. 2508--B 91 which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address shall supersede any prior address designated as the address to which process shall be mailed AND SUCH EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT. § 10. Subparagraph 6 of paragraph (a) of section 1304 of the business corporation law, as amended by chapter 684 of the laws of 1963 and as renumbered by chapter 590 of the laws of 1982, is amended to read as follows: (6) A designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 11. Paragraph (a) of section 1308 of the business corporation law is amended by adding a new subparagraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 12. Paragraph (c) of section 1309-A of the business corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail a copy of any process against an authorized foreign corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE AND/OR the regis- tered agent, if such be the case. A certificate signed and delivered S. 2508--B 92 under this paragraph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. § 13. Subparagraph 6 of paragraph (a) and paragraph (d) of section 1310 of the business corporation law, the opening paragraph of paragraph (d) as amended by chapter 172 of the laws of 1999, are amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (d) The post office address AND/OR THE EMAIL ADDRESS specified under subparagraph (6) of paragraph (a) of this section may be changed. A certificate, entitled "Certificate of amendment of certificate of surrender of authority of ........ (name of corporation) under section 1310 of the Business Corporation Law", shall be signed as provided in paragraph (a) of this section and delivered to the department of state. It shall set forth: (1) The name of the foreign corporation. (2) The jurisdiction of its incorporation. (3) The date its certificate of surrender of authority was filed by the department of state. (4) The changed post office address, within or without this state, to which the secretary of state shall mail a copy of any process against it served upon him OR HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 14. Section 1311 of the business corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1311. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section 1310 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he OR SHE shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH S. 2508--B 93 PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1309-A (Certificate of change; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of section 1308 (Amendments or changes). § 15. Subdivisions 2 and 3 of section 18 of the general associations law, as amended by chapter 13 of the laws of 1938, are amended to read as follows: 2. Every association doing business within this state shall file in the department of state a certificate in its associate name, signed and acknowledged by its president, or a vice-president, or secretary, or treasurer, or managing director, or trustee, designating the secretary of state as an agent upon whom process in any action or proceeding against the association may be served within this state, and setting forth an address to which the secretary of state shall mail a copy of any process against the association which may be served upon him OR HER pursuant to law. THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Annexed to the certificate of designation shall be a statement, executed in the same manner as the certificate is required to be executed under this section, which shall set forth: (a) the names and places of residence of its officers and trustees (b) its principal place of business (c) the place where its office within this state is located and if such place be in a city, the location thereof by street and number or other particular description. 3. Any association, from time to time, may change the address to which the secretary of state is directed to mail copies of process OR SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, by filing a statement to that effect, executed, signed and acknowledged in like manner as a certif- icate of designation as herein provided. § 16. Section 19 of the general associations law, as amended by chap- ter 166 of the laws of 1991, is amended to read as follows: § 19. Service of process. Service of process against an association upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY SUBDIVISION ONE OR TWO OF THIS SECTION. (1) PERSONALLY delivering to and leaving with him [or a deputy secretary of state or an associate attorney, senior attorney or attorney in the corporation divi- sion of the department of state] OR HER OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such process at the office of the department of state in the city of Albany. At the time of such service the plaintiff shall pay a fee of forty dollars to the secretary of state which shall be a taxable disbursement. [If the cost of registered mail for transmitting a copy of the process shall exceed two dollars, an additional fee equal to such excess shall be paid at the time of the service of such process.] The secretary of state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one of such copies to the association at the address fixed for that purpose, as herein provided. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE ASSOCIATION HAS AN EMAIL S. 2508--B 94 ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCI- ATION. If the action or proceeding is instituted in a court of limited jurisdiction, service of process may be made in the manner provided in this section if the cause of action arose within the territorial juris- diction of the court and the office of the defendant, as set forth in its statement filed pursuant to section eighteen of this chapter, is within such territorial jurisdiction. § 17. Paragraph 4 of subdivision (e) of section 203 of the limited liability company law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as agent of the limited liability company upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against the limited liability company served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 18. Subdivision (d) of section 211 of the limited liability company law is amended by adding a new paragraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 19. Section 211-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 211-A. Certificate of change. (a) A limited liability company may amend its articles of organization from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or specify or change the address of the registered agent. Any one or more such changes may be accom- plished by filing a certificate of change which shall be entitled "Certificate of Change of ....... (name of limited liability company) under section 211-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: (1) the name of the limited liability company, and if it has been changed, the name under which it was formed; (2) the date the articles of organization were filed by the department of state; and (3) each change effected thereby. (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against S. 2508--B 95 a limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the address of the registered agent, provided such address being changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of a person, partnership or corporation whose address, as agent, is the address to be changed or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited liability company has not objected thereto; and that the party signing the certificate is the agent of such limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA- NY TO WHOSE EMAIL ADDRESS OF THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered agent, if such be the case. A certificate signed and delivered under this subdivi- sion shall not be deemed to effect a change of location of the office of the limited liability company in whose behalf such certificate is filed. § 20. Subdivision (c) of section 301 of the limited liability company law is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic limited liability company or a foreign limited liability company shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET- ING SUCH EMAIL ADDRESS. § 21. Subdivision (a) of section 303 of the limited liability company law, as relettered by chapter 341 of the laws of 1999, is amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic limited liability company or authorized foreign limited liability company shall be made [by personally] IN THE MANNER PROVIDED BY PARA- GRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such limited liability company shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such limited liability company at the post office address on file in the department of state specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE S. 2508--B 96 A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED LIABILITY COMPANY HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY COMPANY AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED LIABILITY COMPANY. § 22. Subdivision (b) of section 304 of the limited liability company law is amended to read as follows: (b) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statuto- ry fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. § 23. Paragraph 4 of subdivision (a) of section 802 of the limited liability company law, as amended by chapter 470 of the laws of 1997, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; § 24. Section 804-A of the limited liability company law, as added by chapter 448 of the laws of 1998, is amended to read as follows: § 804-A. Certificate of change. (a) A foreign limited liability compa- ny may amend its application for authority from time to time to (i) specify or change the location of the limited liability company's office; (ii) specify or change the post office address to which the secretary of state shall mail a copy of any process against the limited liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke or change the designation of a registered agent, or to specify or change the address of a registered agent. Any one or more such changes may be accomplished by filing a certificate of change which shall be entitled "Certificate of Change of ........ (name of limited liability company) under section 804-A of the Limited Liability Company Law" and shall be signed and delivered to the department of state. It shall set forth: S. 2508--B 97 (1) the name of the foreign limited liability company and, if applica- ble, the fictitious name the limited liability company has agreed to use in this state pursuant to section eight hundred two of this article; (2) the date its application for authority was filed by the department of state; and (3) each change effected thereby, (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a foreign limited liability company served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited liability company may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited liability company by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited liability company has not objected thereto; and that the party signing the certificate is the agent of such foreign limited liability company to whose address the secretary of state is required to mail copies of process, AND/OR THE AGENT OF SUCH FOREIGN LIMITED LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, or the regis- tered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the foreign limited liability company in whose behalf such certificate is filed. § 25. Paragraph 6 of subdivision (b) of section 806 of the limited liability company law is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 26. Section 807 of the limited liability company law is amended to read as follows: § 807. Termination of existence. When a foreign limited liability company that has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or canceled in the jurisdiction of its formation or when such foreign limited liability company is merged into or consolidated with another foreign limited liability company, (a) a certificate of the secretary of state or official performing the equivalent function as to limited liability company records in the jurisdiction of organization of such limited liability company attesting to the occurrence of any such event or (b) a certified copy of an order or decree of a court of such juris- diction directing the dissolution of such foreign limited liability company, the termination of its existence or the surrender of its authority shall be delivered to the department of state. The filing of S. 2508--B 98 the certificate, order or decree shall have the same effect as the filing of a certificate of surrender of authority under section eight hundred six of this article. The secretary of state shall continue as agent of the foreign limited liability company upon whom process against it may be served in the manner set forth in article three of this chap- ter, in any action or proceeding based upon any liability or obligation incurred by the foreign limited liability company within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amendment under section eight hundred four of this article. § 27. Paragraph 11 of subdivision (a) of section 1003 of the limited liability company law, as amended by chapter 374 of the laws of 1998, is amended to read as follows: (11) a designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in article three of this chapter in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED; § 28. Paragraph 6 of subdivision (a) of section 1306 of the limited liability company law is amended to read as follows: (6) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him or her. THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER; and § 29. Paragraph (d) of section 304 of the not-for-profit corporation law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (d) Any designated post-office address to which the secretary of state shall mail a copy of process served upon him or her as agent of a domes- tic corporation formed under article four of this chapter or foreign corporation, shall continue until the filing of a certificate OR OTHER INSTRUMENT under this chapter directing the mailing to a different post- office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 30. Paragraph (b) of section 306 of the not-for-profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (b) Service of process on the secretary of state as agent of a domes- tic corporation formed under article four of this chapter or an author- ized foreign corporation shall be made [by personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH. (1) PERSONALLY delivering to and leaving with the secretary of state or his or her deputy, or with any person authorized by the secretary of state to S. 2508--B 99 receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic corporation formed under article four of this chapter or an authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy to such corporation at the address of its office within this state on file in the department. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE- TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO SUCH CORPORATION AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION. § 31. Paragraph (b) of section 307 of the not-for-profit corporation law is amended to read as follows: (b) (1) Service of such process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. [Such service] (II) ELECTRON- ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSE- MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof and a copy of the process are: [(1)] (I) Delivered personally without this state to such foreign corporation by a person and in the manner authorized to serve process by law of the jurisdiction in which service is made, or [(2)] (II) Sent by or on behalf of the plaintiff to such foreign corporation by registered mail with return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff. § 32. Subparagraph 6 of paragraph (a) of section 402 of the not-for- profit corporation law, as added by chapter 564 of the laws of 1981 and as renumbered by chapter 132 of the laws of 1985, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office S. 2508--B 100 address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC- TRONICALLY SERVED UPON HIM OR HER. § 33. Paragraph (b) of section 801 of the not-for-profit corporation law is amended by adding a new paragraph 10 to read as follows: (10) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE CORPO- RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 34. Paragraph (c) of section 802 of the not-for-profit corporation law is amended by adding a new paragraph 4 to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 35. Subparagraph 6 of paragraph (a) of section 803 of the not-for- profit corporation law, as amended by chapter 23 of the laws of 2014, is amended to read as follows: (6) A designation of the secretary of state as agent of the corpo- ration upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 36. Paragraph (b) of section 803-A of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against the corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or other corpo- ration whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as regis- tered agent for such corporation, may be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subparagraphs (1), (2) and (3) of paragraph (a) of this section; that a notice of the proposed change was mailed to the corporation by the party signing the certificate not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party sign- ing the certificate is the agent of such corporation to whose address the secretary of state is required to mail copies of any process against the corporation served upon him or HER, AND/OR THE AGENT OF THE CORPO- RATION TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this para- graph shall not be deemed to effect a change of location of the office of the corporation in whose behalf such certificate is filed. S. 2508--B 101 § 37. Paragraph (c) of section 1310 of the not-for-profit corporation law, as amended by chapter 172 of the laws of 1999, is amended and a new subparagraph 4 is added to paragraph (a) to read as follows: (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. (c) A certificate of change of application for authority which changes only the post office address to which the secretary of state shall mail a copy of any process against an authorized foreign corporation served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE AND/OR which changes the address of its registered agent, provided such address is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such authorized foreign corporation, may be signed and delivered to the department of state by such agent. The certificate of change of application for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of the proposed change was mailed by the party signing the certificate to the authorized foreign corporation not less than thirty days prior to the date of delivery to the department and that such corporation has not objected thereto; and that the party signing the certificate is the agent of such foreign corporation to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this paragraph shall not be deemed to effect a change of location of the office of the corpo- ration in whose behalf such certificate is filed. § 38. Subparagraph 6 of paragraph (a) of section 1311 of the not-for- profit corporation law is amended to read as follows: (6) A post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 39. Section 1312 of the not-for-profit corporation law, as amended by chapter 375 of the laws of 1998, is amended to read as follows: § 1312. Termination of existence. When an authorized foreign corporation is dissolved or its authority or existence is otherwise terminated or cancelled in the jurisdiction of its incorporation or when such foreign corporation is merged into or consolidated with another foreign corporation, a certificate of the secretary of state, or official performing the equivalent function as to corporate records, of the jurisdiction of incorporation of such foreign corporation attesting to the occurrence of any such event or a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign corporation, the termination of its exist- ence or the cancellation of its authority shall be delivered to the department of state. The filing of the certificate, order or decree shall have the same effect as the filing of a certificate of surrender S. 2508--B 102 of authority under section 1311 (Surrender of authority). The secretary of state shall continue as agent of the foreign corporation upon whom process against it may be served in the manner set forth in paragraph (b) of section 306 (Service of process), in any action or special proceeding based upon any liability or obligation incurred by the foreign corporation within this state prior to the filing of such certificate, order or decree and he shall promptly cause a copy of any such process to be mailed by [registered] CERTIFIED mail, return receipt requested, to such foreign corporation at the post office address on file in his OR HER office specified for such purpose OR A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE. The post office address AND/OR EMAIL ADDRESS may be changed by signing and delivering to the department of state a certificate of change setting forth the statements required under section 1310 (Certificate of change[,]; contents) to effect a change in the post office address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes). § 40. Subdivision (c) of section 121-104 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (c) Any designated post office address to which the secretary of state shall mail a copy of process served upon him as agent of a domestic limited partnership or foreign limited partnership shall continue until the filing of a certificate OR OTHER INSTRUMENT under this article directing the mailing to a different post office address AND ANY DESIG- NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART- NERSHIP, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS. § 41. Subdivision (a) and the opening paragraph of subdivision (b) of section 121-109 of the partnership law, as added by chapter 950 of the laws of 1990 and as relettered by chapter 341 of the laws of 1999, are amended to read as follows: (a) Service of process on the secretary of state as agent of a domes- tic or authorized foreign limited partnership shall be made [as follows] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION: (1) By personally delivering to and leaving with him OR HER or his OR HER deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the stat- utory fee, which fee shall be a taxable disbursement. [(2)] The service on the limited partnership is complete when the secretary of state is so served. [(3)] The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, addressed to the limited part- nership at the post office address, on file in the department of state, specified for that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS AGENT OF SUCH S. 2508--B 103 DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER- SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign limited partnership not authorized to do business in this state is subject to a like juris- diction. In any such case, process against such foreign limited partner- ship may be served upon the secretary of state as its agent. Such proc- ess may issue in any court in this state having jurisdiction of the subject matter. Service of process upon the secretary of state shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMIT- TING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be sufficient if notice thereof and a copy of the process are: § 42. Paragraph 3 of subdivision (a) of section 121-201 of the part- nership law, as amended by chapter 264 of the laws of 1991, is amended to read as follows: (3) a designation of the secretary of state as agent of the limited partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 43. Paragraph 4 of subdivision (b) of section 121-202 of the part- nership law, as amended by chapter 576 of the laws of 1994, is amended to read as follows: (4) a change in the name of the limited partnership, or a change in the post office address to which the secretary of state shall mail a copy of any process against the limited partnership served on him OR HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name or address of the registered agent, if such change is made other than pursuant to section 121-104 or 121-105 of this article. § 44. The opening paragraph of subdivision (a) and subdivision (b) of section 121-202-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A certificate of limited partnership may be changed by filing with the department of state a certificate of change entitled "Certificate of Change of ..... (name of limited partnership) under Section 121-202-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) specify or change the location of the limited partnership's office; (ii) specify or S. 2508--B 104 change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a limited partnership served upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the domestic limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such domestic limited partnership has not objected thereto; and that the party signing the certificate is the agent of such limited partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited partnership in whose behalf such certificate is filed. § 45. Paragraph 4 of subdivision (a) of section 121-902 of the part- nership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: (4) a designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; § 46. The opening paragraph of subdivision (a) and subdivision (b) of section 121-903-A of the partnership law, as added by chapter 448 of the laws of 1998, are amended to read as follows: A foreign limited partnership may change its application for authority by filing with the department of state a certificate of change entitled "Certificate of Change of ........ (name of limited partnership) under Section 121-903-A of the Revised Limited Partnership Act" and shall be signed and delivered to the department of state. A certificate of change may (i) change the location of the limited partnership's office; (ii) change the post office address to which the secretary of state shall mail a copy of process against the limited partnership served upon him; S. 2508--B 105 [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke or change the designation of a registered agent, or to specify or change the address of its registered agent. It shall set forth: (b) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a foreign limited partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corpo- ration whose address, as agent, is the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNER- SHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who has been designated as registered agent for such foreign limited partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth the statements required under subdivision (a) of this section; that a notice of the proposed change was mailed to the foreign limited partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such foreign limited partnership has not objected thereto; and that the party signing the certificate is the agent of such foreign limited part- nership to whose address the secretary of state is required to mail copies of process [or], THE EMAIL ADDRESS OF THE PARTY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE- TARY OF STATE AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited part- nership in whose behalf such certificate is filed. § 47. Paragraph 6 of subdivision (b) of section 121-905 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (6) a post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC- ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. § 48. Section 121-906 of the partnership law, as amended by chapter 172 of the laws of 1999, is amended to read as follows: § 121-906. Termination of existence. When a foreign limited partner- ship which has received a certificate of authority is dissolved or its authority to conduct its business or existence is otherwise terminated or cancelled in the jurisdiction of its organization or when such foreign limited partnership is merged into or consolidated with another foreign limited partnership, (i) a certificate of the secretary of state, or official performing the equivalent function as to limited partnership records, in the jurisdiction of organization of such limited partnership attesting to the occurrence of any such event, or (ii) a certified copy of an order or decree of a court of such jurisdiction directing the dissolution of such foreign limited partnership, the termination of its existence or the surrender of its authority, shall be delivered to the department of state. The filing of the certificate, S. 2508--B 106 order or decree shall have the same effect as the filing of a certif- icate of surrender of authority under section 121-905 of this article. The secretary of state shall continue as agent of the foreign limited partnership upon whom process against it may be served in the manner set forth in section 121-109 of this article, in any action or proceeding based upon any liability or obligation incurred by the foreign limited partnership within this state prior to the filing of such certificate, order or decree. The post office address AND/OR EMAIL ADDRESS may be changed by filing with the department of state a certificate of amend- ment under section 121-903 or a certificate of change under section 121-903-A of this article. § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the part- nership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (7) A designation of the secretary of state as its agent upon whom process against it may be served in the manner set forth in section 121-109 of this article in any action or special proceeding, and a post office address, within or without this state, to which the secretary of state shall mail a copy of any process served upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address OR EMAIL ADDRESS shall supersede any prior address designated as the address to which process shall be mailed OR A NOTICE EMAILED. § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi- sion (j-1) of section 121-1500 of the partnership law, paragraph (I) of subdivision (a) as amended by chapter 643 of the laws of 1995 and as redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (4) a designation of the secretary of state as agent of the partner- ship without limited partners upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (j-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a registered limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON- ICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent for such registered limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the registered limited liability partnership and, if it has been changed, the name under which it was originally filed with the depart- ment of state; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership S. 2508--B 107 by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partner- ship to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability partnership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. § 51. Paragraph (v) of subdivision (a) and subdivision (i-1) of section 121-1502 of the partnership law, paragraph (v) of subdivision (a) as amended by chapter 470 of the laws of 1997 and subdivision (i-1) as added by chapter 448 of the laws of 1998, are amended to read as follows: (v) a designation of the secretary of state as agent of the foreign limited liability partnership upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it or served upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; (i-1) A certificate of change which changes only the post office address to which the secretary of state shall mail a copy of any process against a New York registered foreign limited liability partnership served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the address of the registered agent, provided such address being changed is the address of a person, partnership or corporation whose address, as agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPO- RATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR who has been designated as registered agent of such registered foreign limited liability partnership shall be signed and delivered to the department of state by such agent. The certificate of change shall set forth: (i) the name of the New York registered foreign limited liability partnership; (ii) the date of filing of its initial registration or notice statement; (iii) each change effected thereby; (iv) that a notice of the proposed change was mailed to the limited liability partnership by the party signing the certificate not less than thirty days prior to the date of delivery to the department of state and that such limited liability partnership has not objected thereto; and (v) that the party signing the certificate is the agent of such limited liability partnership to whose address the secretary of state is required to mail copies of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered agent, if such be the case. A certificate signed and delivered under this subdivision shall not be deemed to effect a change of location of the office of the limited liability part- nership in whose behalf such certificate is filed. The certificate of change shall be accompanied by a fee of five dollars. S. 2508--B 108 § 52. Subdivision (a) of section 121-1505 of the partnership law, as added by chapter 470 of the laws of 1997, is amended to read as follows: (a) Service of process on the secretary of state as agent of a regis- tered limited liability partnership OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP under this article shall be made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such registered limited liability partnership shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such registered limited liability partnership, at the post office address on file in the department of state specified for such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER- SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP. § 53. Subdivision 7 of section 339-n of the real property law, as amended by chapter 346 of the laws of 1997, is amended to read as follows: 7. A designation of the secretary of state as agent of the corporation or board of managers upon whom process against it may be served AND THE POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of process on the secretary of state as agent of such corporation or board of managers shall be made [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION. (A) PERSONALLY delivering to and leaving with him or her or his or her deputy, or with any person authorized by the secretary of state to receive such service, at the office of the depart- ment of state in the city of Albany, duplicate copies of such process together with the statutory fee, which shall be a taxable disbursement. Service of process on such corporation or board of managers shall be complete when the secretary of state is so served. The secretary of S. 2508--B 109 state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation or board of managers, at the post office address, on file in the department of state, specified for such purpose. (B) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRE- TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION OR BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPO- RATION OR BOARD OF MANAGERS. Nothing in this subdivision shall affect the right to serve process in any other manner permitted by law. The corporation or board of managers shall also file with the secretary of state the name and post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon the secretary of state and shall update the filing as neces- sary. § 54. This act shall take effect January 1, 2023. PART P Section 1. The executive law is amended by adding a new section 137-a to read as follows: § 137-A. ELECTRONIC NOTARIZATION. 1. DEFINITIONS. (A) "COMMUNICATION TECHNOLOGY" MEANS AN ELECTRONIC DEVICE OR PROCESS THAT: (I) ALLOWS A NOTARY PUBLIC AND A REMOTELY LOCATED INDIVIDUAL TO COMMUNICATE WITH EACH OTHER SIMULTANEOUSLY BY SIGHT AND SOUND; AND (II) WHEN NECESSARY AND CONSISTENT WITH OTHER APPLICABLE LAW, FACILITATES COMMUNICATION WITH A REMOTELY LOCATED INDIVIDUAL WHO HAS A VISION, HEARING, OR SPEECH IMPAIR- MENT. (B) "ELECTRONIC" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI- SION ONE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW. (C) "ELECTRONIC DOCUMENT" MEANS INFORMATION THAT IS CREATED, GENER- ATED, SENT, COMMUNICATED, RECEIVED OR STORED BY ELECTRONIC MEANS. (D) "ELECTRONIC NOTARIAL ACT" MEANS AN OFFICIAL ACT BY A NOTARY PUBLIC ON OR INVOLVING AN ELECTRONIC DOCUMENT AND USING MEANS AUTHORIZED BY THE SECRETARY OF STATE. (E) "ELECTRONIC NOTARY PUBLIC" OR "ELECTRONIC NOTARY" MEANS A NOTARY PUBLIC WHO HAS REGISTERED WITH THE SECRETARY OF STATE THE CAPABILITY OF PERFORMING ELECTRONIC NOTARIAL ACTS. (F) "ELECTRONIC SIGNATURE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION THREE OF SECTION THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW. (G) "ELECTRONIC NOTARIAL STATEMENT OF AUTHORITY" MEANS THE PORTION OF A NOTARIZED ELECTRONIC DOCUMENT THAT IS COMPLETED BY A NOTARY PUBLIC AND CONTAINS THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE AND ALL INFORMATION REQUIRED BY SECTION ONE HUNDRED THIRTY-SEVEN OF THIS ARTICLE. (H) "NOTARY ELECTRONIC SIGNATURE" MEANS THOSE FORMS OF ELECTRONIC SIGNATURE, WHICH HAVE BEEN APPROVED BY THE SECRETARY OF STATE AS AN S. 2508--B 110 ACCEPTABLE MEANS FOR AN ELECTRONIC NOTARY TO AFFIX THE NOTARY PUBLIC'S OFFICIAL SIGNATURE TO AN ELECTRONIC RECORD THAT IS BEING NOTARIZED. (I) "REMOTELY LOCATED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS NOT IN THE PHYSICAL PRESENCE OF THE NOTARY PUBLIC AT THE TIME OF THE NOTARIAL ACT. 2. IDENTIFYING DOCUMENT SIGNERS. (A) THE METHODS FOR IDENTIFYING DOCUMENT SIGNERS FOR AN ELECTRONIC NOTARIZATION SHALL BE THE SAME AS THE METHODS REQUIRED FOR A PAPER-BASED NOTARIZATION; PROVIDED, HOWEVER, AN ELECTRONIC NOTARIZATION CONDUCTED UTILIZING COMMUNICATION TECHNOLOGY SHALL MEET THE FOLLOWING STANDARDS: (I) THE SIGNAL TRANSMISSION SHALL BE SECURE FROM INTERCEPTION THROUGH LAWFUL MEANS BY ANYONE OTHER THAN THE PERSONS COMMUNICATING; (II) THE SIGNAL TRANSMISSION SHALL BE LIVE, IN REAL TIME; AND (III) THE TECHNOLOGY SHALL PERMIT THE NOTARY TO COMMUNICATE WITH AND IDENTIFY THE REMOTELY LOCATED INDIVIDUAL AT THE TIME OF THE NOTARIAL ACT, PROVIDED THAT SUCH IDENTIFICATION IS CONFIRMED BY: (A) PERSONAL KNOWLEDGE; (B) AN ANTECEDENT IN-PERSON IDENTITY VERIFICATION PROCESS IN ACCORD- ANCE WITH THE SPECIFICATIONS OF THE FEDERAL BRIDGE CERTIFICATION AUTHOR- ITY; OR (C) EACH OF THE FOLLOWING: (1) REMOTE PRESENTATION BY THE PERSON CREATING THE ELECTRONIC SIGNATURE OF A GOVERNMENT ISSUED IDENTIFICATION CREDENTIAL, INCLUDING SUCH PERSON'S PASSPORT OR DRIVER'S LICENSE, THAT CONTAINS THE SIGNATURE AND A PHOTOGRAPH OF SUCH PERSON; (2) CREDENTIAL ANALYSIS; AND (3) IDENTITY PROOFING. (B) IF VIDEO AND AUDIO CONFERENCE TECHNOLOGY HAS BEEN USED TO ASCER- TAIN A DOCUMENT SIGNER'S IDENTITY, THE ELECTRONIC NOTARY SHALL KEEP A COPY OF THE RECORDING OF THE VIDEO AND AUDIO CONFERENCE AND A NOTATION OF THE TYPE OF ANY OTHER IDENTIFICATION USED. THE RECORDING SHALL BE MAINTAINED FOR A PERIOD OF AT LEAST TEN YEARS FROM THE DATE OF TRANS- ACTION. (C) FOR PURPOSES OF THIS SUBDIVISION: (I) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE THAT MEETS THE STANDARDS ESTABLISHED BY THE SECRE- TARY OF STATE THROUGH WHICH A THIRD PERSON AFFIRMS THE VALIDITY OF A GOVERNMENT-ISSUED IDENTIFICATION CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURCES; AND (II) "IDENTITY PROOFING" MEANS A PROCESS OR SERVICE OPERATING ACCORD- ING TO STANDARDS ESTABLISHED BY THE SECRETARY OF STATE THROUGH WHICH A THIRD PERSON AFFIRMS THE IDENTITY OF AN INDIVIDUAL: (A) BY MEANS OF DYNAMIC KNOWLEDGE BASED AUTHENTICATION SUCH AS A REVIEW OF PERSONAL INFORMATION FROM PUBLIC OR PROPRIETARY DATA SOURCES; OR (B) BY MEANS OF ANALYSIS OF BIOMETRIC DATA SUCH AS, BUT NOT LIMITED TO, FACIAL RECOGNI- TION, VOICEPRINT ANALYSIS, OR FINGERPRINT ANALYSIS. 3. REGISTRATION REQUIREMENTS. (A) BEFORE PERFORMING ANY ELECTRONIC NOTARIAL ACT OR ACTS, A NOTARY PUBLIC SHALL REGISTER THE CAPABILITY TO NOTARIZE ELECTRONICALLY WITH THE SECRETARY OF STATE ON A FORM PRESCRIBED BY THE SECRETARY OF STATE. (B) IN REGISTERING THE CAPABILITY TO PERFORM ELECTRONIC NOTARIAL ACTS, THE NOTARY PUBLIC SHALL PROVIDE THE FOLLOWING INFORMATION TO THE SECRE- TARY OF STATE, NOTARY PROCESSING UNIT: (I) THE APPLICANT'S NAME AS CURRENTLY COMMISSIONED AND COMPLETE MAIL- ING ADDRESS; (II) THE EXPIRATION DATE OF THE NOTARY PUBLIC'S COMMISSION AND SIGNA- TURE OF THE COMMISSIONED NOTARY PUBLIC; (III) THE APPLICANT'S E-MAIL ADDRESS; S. 2508--B 111 (IV) THE DESCRIPTION OF THE ELECTRONIC TECHNOLOGY OR TECHNOLOGIES TO BE USED IN ATTACHING THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE TO THE ELECTRONIC DOCUMENT; AND (V) AN EXEMPLAR OF THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE, WHICH SHALL CONTAIN THE NOTARY PUBLIC'S NAME AND ANY NECESSARY INSTRUCTIONS OR TECHNIQUES THAT ALLOW THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE TO BE READ. 4. TYPES OF ELECTRONIC NOTARIAL ACTS. (A) ANY NOTARIAL ACT AUTHORIZED BY SECTION ONE HUNDRED THIRTY-FIVE OF THIS ARTICLE MAY BE PERFORMED ELECTRONICALLY AS PRESCRIBED BY THIS SECTION IF: (I) UNDER APPLICABLE LAW THAT DOCUMENT MAY BE SIGNED WITH AN ELECTRONIC SIGNATURE; AND (II) THE ELECTRONIC NOTARY PUBLIC IS LOCATED WITHIN THE STATE AT THE TIME OF THE PERFORMANCE OF AN ELECTRONIC NOTARIAL ACT USING COMMUNICATION TECH- NOLOGY, REGARDLESS OF THE LOCATION OF THE DOCUMENT SIGNER. (B) AN ELECTRONIC NOTARIAL ACT PERFORMED USING COMMUNICATION TECHNOLO- GY PURSUANT TO THIS SECTION SATISFIES ANY REQUIREMENT OF LAW OF THIS STATE THAT A DOCUMENT SIGNER PERSONALLY APPEAR BEFORE, BE IN THE PRES- ENCE OF, OR BE IN A SINGLE TIME AND PLACE WITH A NOTARY PUBLIC AT THE TIME OF THE PERFORMANCE OF THE NOTARIAL ACT. 5. FORM AND MANNER OF PERFORMING THE ELECTRONIC NOTARIAL ACT. (A) WHEN PERFORMING AN ELECTRONIC NOTARIAL ACT, A NOTARY PUBLIC SHALL APPLY AN ELECTRONIC SIGNATURE, WHICH SHALL BE ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE ELECTRONIC DOCUMENT SUCH THAT REMOVAL OR ALTERATION OF SUCH ELECTRONIC SIGNATURE IS DETECTABLE AND WILL RENDER EVIDENCE OF ALTER- ATION OF THE DOCUMENT CONTAINING THE NOTARY SIGNATURE WHICH MAY INVALI- DATE THE ELECTRONIC NOTARIAL ACT. (B) THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE IS DEEMED TO BE RELIABLE IF THE FOLLOWING REQUIREMENTS ARE MET: (I) IT IS UNIQUE TO THE NOTARY PUBLIC; (II) IT IS CAPABLE OF INDEPENDENT VERIFICATION; (III) IT IS RETAINED UNDER THE NOTARY PUBLIC'S SOLE CONTROL; (IV) IT IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE ELECTRONIC DOCUMENT; AND (V) IT IS LINKED TO THE DATA IN SUCH A MANNER THAT ANY SUBSEQUENT ALTERATIONS TO THE UNDERLYING DOCUMENT ARE DETECTABLE AND MAY INVALIDATE THE ELECTRONIC NOTARIAL ACT. (C) THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE SHALL BE USED ONLY FOR THE PURPOSE OF PERFORMING ELECTRONIC NOTARIAL ACTS. (D) THE REMOTE ONLINE NOTARIAL CERTIFICATE FOR AN ELECTRONIC NOTARIAL ACT SHALL STATE THAT THE PERSON MAKING THE ACKNOWLEDGEMENT OR MAKING THE OATH APPEARED REMOTELY ONLINE. (E) THE SECRETARY SHALL ADOPT RULES NECESSARY TO ESTABLISH STANDARDS, PROCEDURES, PRACTICES, FORMS, AND RECORDS RELATING TO A NOTARY PUBLIC'S ELECTRONIC SIGNATURE. THE NOTARY PUBLIC'S ELECTRONIC SIGNATURE SHALL CONFORM TO ANY STANDARDS ADOPTED BY THE SECRETARY. 6. RECORDING OF AN ELECTRONIC RECORD. (A) IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING THAT A DOCUMENT BE AN ORIGINAL DOCU- MENT, PRINTED ON PAPER OR ANOTHER TANGIBLE MEDIUM, OR BE IN WRITING, THE REQUIREMENT IS SATISFIED BY PAPER COPY OF AN ELECTRONIC RECORD THAT COMPLIES WITH THE REQUIREMENTS OF THIS SECTION. (B) IF OTHERWISE REQUIRED BY LAW AS A CONDITION FOR RECORDING, THAT A DOCUMENT BE SIGNED, THE REQUIREMENT IS SATISFIED BY AN ELECTRONIC SIGNA- TURE. (C) A REQUIREMENT THAT A DOCUMENT OR A SIGNATURE ASSOCIATED WITH A DOCUMENT BE NOTARIZED, ACKNOWLEDGED, VERIFIED, WITNESSED, OR MADE UNDER OATH IS SATISFIED IF THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED S. 2508--B 112 TO PERFORM THAT ACT, AND ALL OTHER INFORMATION REQUIRED TO BE INCLUDED, IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE DOCUMENT OR SIGNATURE. A PHYSICAL OR ELECTRONIC IMAGE OF A STAMP, IMPRESSION, OR SEAL NEED NOT ACCOMPANY AN ELECTRONIC SIGNATURE IF THE NOTARY HAS ATTACHED AN ELEC- TRONIC NOTARIAL CERTIFICATE THAT MEETS THE REQUIREMENTS OF THIS SECTION. 7. CHANGE OF E-MAIL ADDRESS. WITHIN FIVE DAYS AFTER THE CHANGE OF AN ELECTRONIC NOTARY PUBLIC'S E-MAIL ADDRESS, THE NOTARY PUBLIC SHALL ELEC- TRONICALLY TRANSMIT TO THE SECRETARY OF STATE A NOTICE OF THE CHANGE, SIGNED WITH THE NOTARY PUBLIC'S OFFICIAL ELECTRONIC SIGNATURE. § 2. Section 136 of the executive law, as amended by chapter 143 of the laws of 1991, is amended to read as follows: § 136. Notarial fees. A notary public shall be entitled to [the following] fees[: 1. For administering an oath or affirmation, and certifying the same when required, except where another fee is specifically prescribed by statute, two dollars. 2. For taking and certifying the acknowledgment or proof of execution of a written instrument, by one person, two dollars, and by each addi- tional person, two dollars, for swearing each witness thereto, two dollars], INCLUDING FOR ELECTRONIC NOTARIAL SERVICES, AS AUTHORIZED BY THE SECRETARY OF STATE. § 3. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such effective date. PART Q Intentionally Omitted PART R Intentionally Omitted PART S Intentionally Omitted PART T Section 1. Legislative findings. The legislature hereby finds and determines that the establishment of the utility debt securitization authority under part B of chapter 173 of the laws of 2013, as amended, permitted the issuance of securitized restructuring bonds on favorable terms which resulted in lower aggregate distribution, transmission and transition charges to Long Island ratepayers, compared to other avail- able alternatives, and the purposes of such act will be further advanced by amending such act to permit the issuance of additional such bonds subject to a limit on the outstanding principal amount thereof and to allow such bonds to be issued to refund bonds of the utility debt secu- ritization authority. The legislature hereby further finds and deter- mines that improvements to the transmission and distribution system of S. 2508--B 113 the Long Island Power Authority to increase resiliency and better with- stand the effects of climate change are necessary, and that issuance of securitized restructuring bonds by the Utility Debt Securitization Authority may allow the funding of such improvements on more favorable terms than if such bonds were issued by the Long Island Power Authority. The legislature hereby further finds and determines that it is in the interest of Long Island ratepayers for the state comptroller to exercise oversight over the issuance of securitized restructuring bonds and contracts entered into on behalf of the service provider. § 2. Subdivision 2 of section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended to read as follows: 2. "Approved restructuring costs" means, to the extent approved as such under a restructuring cost financing order, (a) costs of purchas- ing, redeeming or defeasing a portion of outstanding debt of the author- ity OR THE RESTRUCTURING BOND ISSUER, including bonds and notes issued by the authority OR THE RESTRUCTURING BOND ISSUER, debt issued by the New York state energy research and development authority for the benefit of the LILCO; (b) costs of terminating interest rate swap contracts and other financial contracts entered into by or for the benefit of the authority and related to debt obligations of the authority; (c) rebate, yield reduction payments and any other amounts payable to the United States Treasury or to the Internal Revenue Service to preserve or protect the federal tax-exempt status of outstanding debt obligations of the authority; [and] (d) upfront financing costs associated with restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS. § 3. Subdivision 11 of section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, as amended by section 2-a of part W of chapter 58 of the laws of 2015, is amended to read as follows: 11. "Restructuring bonds" means bonds or other evidences of indebt- edness that are issued pursuant to an indenture or other agreement of the restructuring bond issuer under a restructuring cost financing order (a) the proceeds of which are used, directly or indirectly, to recover, finance, or refinance approved restructuring costs, (b) that are direct- ly or indirectly secured by, or payable from, restructuring property, AND (c) that have a term no longer than thirty years [and (d) that have a final scheduled maturity date no later than the final scheduled matu- rity date of the authority bonds purchased, redeemed or defeased with the proceeds of such restructuring bonds]. § 4. Section 2 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended by adding a new subdivision 17-a to read as follows: 17-A. "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV- ING OR CONSTRUCTING TRANSMISSION AND DISTRIBUTION SYSTEM ASSETS TO INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE, ABSORB IMPACTS FROM OUTAGE-INDUCING EVENTS, AND RECOVER QUICKLY FROM OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF POLES AND WIRES, MOVING POWER LINES UNDERGROUND, RAISING SUBSTATIONS, CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS- ING, REDEEMING OR DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE S. 2508--B 114 SUCH COSTS OR REIMBURSING THE AUTHORITY FOR AMOUNTS ALREADY SPENT ON SUCH COSTS. § 5. Subdivision 1 of section 3 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, is amended to read as follows: 1. Standard. The authority may, SUBJECT TO APPROVAL OF THE STATE COMP- TROLLER, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE, prepare a restructuring cost financing order (A) for the purpose of issuing restructuring bonds to refinance outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based on a finding that such bond issuance is expected to result in savings to consumers of electric transmission and distribution services in the service area on a net present value basis; OR (B) FOR THE PURPOSE OF ISSUING RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED ON A FINDING THAT FUNDING OF SUCH SYSTEM RESILIENCY COSTS BY THE ISSUER WOULD RESULT IN LOWER COSTS TO CONSUMERS OF ELECTRIC TRANSMISSION AND DISTRIBUTION SERVICES IN THE SERVICE AREA ON A NET PRESENT VALUE BASIS THAN FUNDING OF SUCH COSTS BY THE AUTHORITY. § 6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restruc- turing bonds to refinance the outstanding debt of the Long Island power authority, as amended by section 3 of part W of chapter 58 of the laws of 2015, is amended to read as follows: (a) For the purpose of effectuating the purposes declared in section one of this act, there is hereby created a special purpose corporate municipal instrumentality of the state to be known as "utility debt securitization authority", which shall be a body corporate and politic, a political subdivision of the state, and a public benefit corporation, exercising essential governmental and public powers for the good of the public. Such restructuring bond issuer shall not be created or organ- ized, and its operations shall not be conducted, for the purpose of making a profit. No part of the revenues or assets of such restructuring bond issuer shall inure to the benefit of or be distributable to its trustees or officers or any other private persons, except as herein provided for actual services rendered. [The aggregate principal amount of restructuring bonds authorized to be issued by restructuring bond issuers created pursuant to this act shall not exceed] NO MORE THAN four billion five hundred million dollars AGGREGATE PRINCIPAL AMOUNT OF RESTRUCTURING BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED PURSU- ANT TO THIS ACT SHALL BE OUTSTANDING AT ANY TIME. FOR THE PURPOSES OF THIS SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE OUTSTANDING IF THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR PROVISION FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE. § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of section 4 of part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, subparagraph (i) as amended and subparagraph (iv) as added by section 4 of part W of chapter 58 of the laws of 2015, are amended to read as follows: (i) issue the restructuring bonds contemplated by a restructuring cost financing order, and use the proceeds thereof to purchase or acquire, and to own, hold and use restructuring property or to pay or fund upfront financing costs [provided, however, that the restructuring bond issuer shall not issue restructuring bonds for the purpose of refunding other restructuring bond]; S. 2508--B 115 (iv) [only] issue restructuring bonds of which the final scheduled maturity date of any series of restructuring bonds shall be no later than [the final scheduled maturity date of the authority bonds to be purchased, redeemed or defeased with the proceeds of such restructuring bonds] THIRTY YEARS FROM THE DATE OF ISSUANCE OF SUCH RESTRUCTURING BONDS. § 7-a. Subdivision 2 of section 1020-cc of the public authorities law, as added by section 11 of part A of chapter 173 of the laws of 2013, is amended to read as follows: 2. The authority and service provider shall provide to the state comp- troller on March thirty-first and September thirtieth of each year a report documenting each contract in excess of two hundred fifty thousand dollars per year entered into with a third party and related to manage- ment and operation services associated with the authority's electric transmission and distribution system, including the name of the third party, the contract term and a description of services or goods to be procured, and post such report on each of their websites. All contracts entered into between the service provider and third parties are [not] subject to the requirements of subdivision one of this section. § 8. This act shall take effect immediately. PART U Section 1. Paragraph 4 of subdivision (c) of section 188-a of the economic development law, as added by section 2 of part CC of chapter 60 of the laws of 2011, is amended to read as follows: (4) The board may base its recommendation on which eligible applicants it determines best meet the applicable criteria; provided, however, that the board shall dedicate recharge New York power as follows: (i) at least three hundred fifty megawatts for use at facilities located within the service territories of the utility corporations that, prior to the effective date of this section, purchased Niagara and Saint Lawrence hydroelectric power for the benefit of their domestic and rural consum- ers; (ii) at least two hundred megawatts for the purposes of attracting new business to the state, creating new business within the state, or encouraging the expansion of existing businesses within the state, that create new jobs or leverage new capital investment; and (iii) an amount not to exceed one hundred FIFTY megawatts for eligible small businesses and eligible not-for-profit corporations. § 2. This act shall take effect immediately. PART V Section 1. Subsections (e) and (g) of section 7002 of the insurance law, as amended by chapter 188 of the laws of 2003, are amended to read as follows: (e) "Industrial insured" means an insured: (1) whose net worth exceeds one hundred million dollars; (2) who is a member of a holding company system whose net worth exceeds one hundred million dollars; (3) who is the metropolitan transportation authority and its statutory subsidiaries. When filing an application to form a pure captive insur- ance company the metropolitan transportation authority shall submit written notice of such filing to the governor, the temporary president of the senate and the speaker of the assembly; [or] S. 2508--B 116 (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU- TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM A PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT- TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR (5) who is a city with a population of one million or more. When filing an application to form a pure captive insurance company, a city with a population of one million or more shall submit written notice of such filing to the governor, the temporary president of the senate and the speaker of the assembly. (g) "Industrial insured group" means any group of unaffiliated indus- trial insureds that are engaged in similar or related businesses or activities, however, the metropolitan transportation authority, THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF and cities with a population of one million or more shall not be a member of an industrial insured group, and that collec- tively: (1) own, control or hold with power to vote all of the outstanding voting shares of stock of a group captive insurance company incorporated as a stock insurer; or (2) represent one hundred percent of the voting members of a group captive insurance company organized as a mutual insurer. § 2. Section 1005 of the public authorities law is amended by adding a new subdivision 28 to read as follows: 28. THE AUTHORITY MAY ESTABLISH A SUBSIDIARY CORPORATION FOR THE PURPOSE OF FORMING A PURE CAPTIVE INSURANCE COMPANY AS PROVIDED IN SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW. THE MEMBERS OF SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD- ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF THIS TITLE. THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE AUTHORITY. § 3. Subdivision (a) of section 1500 of the tax law, as amended by section 21 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (a) The term "insurance corporation" includes a corporation, associ- ation, joint stock company or association, person, society, aggregation or partnership, by whatever name known, doing an insurance business, and, notwithstanding the provisions of section fifteen hundred twelve of this article, shall include (1) a risk retention group as defined in subsection (n) of section five thousand nine hundred two of the insur- ance law, (2) the state insurance fund and (3) a corporation, associ- ation, joint stock company or association, person, society, aggregation or partnership doing an insurance business as a member of the New York insurance exchange described in section six thousand two hundred one of the insurance law. The definition of the "state insurance fund" contained in this subdivision shall be limited in its effect to the provisions of this article and the related provisions of this chapter and shall have no force and effect other than with respect to such provisions. The term "insurance corporation" shall also include a captive insurance company doing a captive insurance business, as defined in subsections (c) and (b), respectively, of section seven thousand two S. 2508--B 117 of the insurance law; provided, however, "insurance corporation" shall not include the metropolitan transportation authority, THE POWER AUTHOR- ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, or a public benefit corporation or not-for-profit corporation formed by a city with a population of one million or more pursuant to subsection (a) of section seven thousand five of the insurance law, each of which is expressly exempt from the payment of fees, taxes or assessments, whether state or local; and provided further "insurance corporation" does not include any combinable captive insurance company. The term "insurance corporation" shall also include an unauthorized insurer operating from an office within the state, pursuant to paragraph five of subsection (b) of section one thousand one hundred one and subsection (i) of section two thousand one hundred seventeen of the insurance law. The term "insurance corporation" also includes a health maintenance organization required to obtain a certificate of authority under article forty-four of the public health law. § 4. Subdivision (a) of section 1502-b of the tax law, as amended by section 22 of part A of chapter 59 of the laws of 2014, is amended to read as follows: (a) In lieu of the taxes and tax surcharge imposed by sections fifteen hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen hundred ten of this article, every captive insurance company licensed by the superintendent of financial services pursuant to the provisions of article seventy of the insurance law, other than the metropolitan trans- portation authority, THE POWER AUTHORITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, and a public benefit corporation or not-for-profit corporation formed by a city with a population of one million or more pursuant to subsection (a) of section seven thousand five of the insurance law, each of which is expressly exempt from the payment of fees, taxes or assessments whether state or local, and other than combinable captive insurance company, shall, for the privilege of exercising its corporate franchise, pay a tax on (1) all gross direct premiums, less return premiums thereon, written on risks located or resident in this state and (2) all assumed reinsurance premiums, less return premiums thereon, written on risks located or resident in this state. The rate of the tax imposed on gross direct premiums shall be four-tenths of one percent on all or any part of the first twenty million dollars of premiums, three-tenths of one percent on all or any part of the second twenty million dollars of premiums, two-tenths of one percent on all or any part of the third twenty million dollars of premi- ums, and seventy-five thousandths of one percent on each dollar of premiums thereafter. The rate of the tax on assumed reinsurance premiums shall be two hundred twenty-five thousandths of one percent on all or any part of the first twenty million dollars of premiums, one hundred and fifty thousandths of one percent on all or any part of the second twenty million dollars of premiums, fifty thousandths of one percent on all or any part of the third twenty million dollars of premiums and twenty-five thousandths of one percent on each dollar of premiums there- after. The tax imposed by this section shall be equal to the greater of (i) the sum of the tax imposed on gross direct premiums and the tax imposed on assumed reinsurance premiums or (ii) five thousand dollars. § 5. This act shall take effect immediately. PART W S. 2508--B 118 Section 1. Expenditures of moneys by the New York state energy research and development authority for services and expenses of the energy research, development and demonstration program, including grants, the energy policy and planning program, the zero emissions vehi- cle and electric vehicle rebate program, and the Fuel NY program shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended in an amount not to exceed $22,700,000 shall be reimbursed by assessment against gas corporations, as defined in subdivision 11 of section 2 of the public service law and electric corporations as defined in subdivision 13 of section 2 of the public service law, where such gas corporations and electric corporations have gross revenues from intrastate utility operations in excess of $500,000 in the preceding calendar year, and the total amount assessed shall be allocated to each electric corporation and gas corporation in proportion to its intrastate electricity and gas revenues in the calendar year 2019. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law. The chair of the public service commission shall bill such gas and/or electric corporations for such amounts on or before August 10, 2021 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2021. Upon receipt, the New York state energy research and development authority shall deposit such funds in the energy research and development operating fund estab- lished pursuant to section 1859 of the public authorities law. The New York state energy research and development authority is authorized and directed to: (1) transfer up to $4 million to the state general fund for climate change related services and expenses of the department of envi- ronmental conservation, $150,000 to the state general fund for services and expenses of the department of agriculture and markets, and $825,000 to the University of Rochester laboratory for laser energetics from the funds received; and (2) commencing in 2016, provide to the chair of the public service commission and the director of the budget and the chairs and secretaries of the legislative fiscal committees, on or before August first of each year, an itemized record, certified by the presi- dent and chief executive officer of the authority, or his or her desig- nee, detailing any and all expenditures and commitments ascribable to moneys received as a result of this assessment by the chair of the department of public service pursuant to section 18-a of the public service law. This itemized record shall include an itemized breakdown of the programs being funded by this section and the amount committed to each program. The authority shall not commit for any expenditure, any moneys derived from the assessment provided for in this section, until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encom- passing all moneys available to and all anticipated commitments and expenditures by such authority from any source for the operations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the chair to the chairs and secre- taries of the legislative fiscal committees. Any such amount not commit- ted by such authority to contracts or contracts to be awarded or other- wise expended by the authority during the fiscal year shall be refunded by such authority on a pro-rata basis to such gas and/or electric corpo- rations, in a manner to be determined by the department of public service, and any refund amounts must be explicitly lined out in the itemized record described above. S. 2508--B 119 § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART X Section 1. Section 11-0701 of the environmental conservation law, as amended by section 1-a of part R of chapter 58 of the laws of 2013, paragraph a of subdivision 1 as amended by section 21 and subdivision 9 as amended by section 17 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: § 11-0701. Definitions of licenses and privileges of licensees. 1. A hunting license[: a.] entitles a holder who is twelve [or], thirteen, FOURTEEN OR FIFTEEN years of age to hunt wildlife[, except big game,] as provided in title 9 of this article subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law. [A holder who is twelve or thirteen years of age shall not hunt with a crossbow. b. entitles a holder who is fourteen or fifteen years of age to hunt wildlife, including wild deer and bear, as provided in title 9 of this article, subject, specifically, to the provisions of section 11-0929 of this article. It entitles such holder to possess firearms as provided in section 265.05 of the penal law.] 2. a. A hunting license entitles the holder to hunt wildlife subject to the following: (1) a holder who is eighteen years of age or older may hunt wildlife as provided in title 9 of this article, (2) a holder who is sixteen years of age or older may hunt wildlife, except big game, as provided in title 9 of this article, [and] (3) a holder who is between the ages of sixteen and eighteen may hunt big game pursuant to the provisions of title 9 of this article while the holder is accompanied by a parent, guardian or person over the age of eighteen as required by section 11-0929 of this article[. A] , AND (4) A holder may take fish with a longbow as provided in titles 9 and 13 this article. b. A special antlerless deer license is applicable to the hunting of wild antlerless deer in a special open season fixed pursuant to subdivi- sion 6 of section 11-0903 of this article in a tract within a Wilderness Hunting Area and entitles the holder of a hunting license to hunt antlerless deer in such special open season, as provided in title 9 of this article if he or she has on his or her person while so hunting both his or her hunting license and his or her special antlerless deer license. 3. A bowhunting privilege when included on a hunting license entitles a holder: (1) who is between the ages of twelve and sixteen years to hunt wild deer and bear with a longbow OR CROSSBOW during the special archery season and during the regular season, as provided in title 9 of this article, subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article; (2) who is eighteen years of age or older to hunt wild deer and bear with a longbow OR CROSSBOW, as provided in title 9 of this article, in a special ARCHERY season; and S. 2508--B 120 (3) who is sixteen or seventeen years of age to exercise the same privileges subject to the provisions of section 11-0929 and subdivision 3 of section 11-0713 of this article. 4. A fishing license entitles the holder to take fish by angling, spearing, hooking, longbow and tipups, to take frogs by spearing, catch- ing with the hands or by use of a club or hook, and to take bait fish for personal use, as provided in titles 9 and 13 of this article, except that such license shall not entitle the holder to take migratory fish of the sea or to take fish from the waters of the marine district. 5. A non-resident bear tag entitles a person who has not been a resi- dent of the state for more than thirty days who also possesses a hunting license to hunt bear during the regular open season therefor or in an open season fixed by regulation pursuant to subdivision eight of section 11-0903 of this article. It entitles a non-resident holder who also possesses a hunting license with bowhunting privilege to hunt bear with a longbow OR CROSSBOW during the open bear season. It entitles a non-re- sident holder who also possesses a hunting license with muzzle-loading privilege to hunt bear with a muzzleloader during the open bear season. 6. A seven-day fishing license entitles the holder to exercise the privileges of a fishing license for the seven consecutive days specified in the license. 7. A one-day fishing license entitles the holder to exercise the priv- ileges of a fishing license on the day specified on the license. 8. A trapping license entitles the holder to trap beaver, otter, fish- er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel, pine marten and unprotected wildlife except birds, as provided in title 11, subject to the provisions of section 11-0713 of this article. 9. A muzzle-loading privilege when included on a hunting license enti- tles a holder who is [fourteen] TWELVE years of age or older to hunt wild deer and bear with a muzzle-loading firearm, as provided in title 9 of this article, in a special muzzle-loading firearm season. § 2. Paragraph b of subdivision 6 of section 11-0703 of the environ- mental conservation law, as amended by section 2 of part R of chapter 58 of the laws of 2013, is amended to read as follows: b. Except as provided in section 11-0707 and section 11-0709 of this title, no person shall (1) hunt wild deer or bear unless such person holds and is entitled to exercise the privileges of a hunting license, and meets the requirements of this article; (2) hunt wild deer or bear with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless such person holds and is entitled to exercise the privileges of a hunt- ing license with a bowhunting privilege and meets the requirements of this article; or (3) hunt wild deer or bear with a muzzle-loading firearm in a special muzzle-loading firearm season unless such person is at least [fourteen] TWELVE years old and holds a hunting license with a muzzle-loading privilege and meets the requirements of this article. § 3. Subdivision 6 of section 11-0713 of the environmental conserva- tion law is REPEALED. § 4. Paragraph c of subdivision 3 of section 11-0901 of the environ- mental conservation law, as amended by section 19 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: c. Wild small game and wild upland game birds shall be taken only by longbow, CROSSBOW or gun, or by the use of raptors as provided in title 10 of this article, except that: (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken in any manner not prohibited in this section or in title 11 of the Fish and Wildlife Law; AND S. 2508--B 121 (2) frogs may also be taken by spearing, catching with the hands, or by the use of a club or hook[; and (3) crossbows may be used but only by licensees who are fourteen years of age or older]. § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 6 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch [bolt] ARROW, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. [The mini- mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW SHALL have a minimum peak draw weight of one hundred pounds [and a maxi- mum peak draw weight of two hundred pounds. The] AND THE minimum overall length of such crossbow from buttstock to front of limbs shall be twen- ty-four inches. § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901 of the environmental conservation law, as added by section 7 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: (9) with a crossbow unless such crossbow shall consist of a bow and string, either compound or recurve, that launches a minimum fourteen inch [bolt] ARROW, not including point, mounted upon a stock with a trigger that holds the string and limbs under tension until released. The trigger unit of such crossbow must have a working safety. [The mini- mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW SHALL have a minimum peak draw weight of one hundred pounds [and a maxi- mum peak draw weight of two hundred pounds. The] AND THE minimum overall length of such crossbow from buttstock to front of limbs shall be twen- ty-four inches. § 7. Subdivision 13 of section 11-0901 of the environmental conserva- tion law, as amended by section 23 of part R of chapter 58 of the laws of 2013, is amended to read as follows: 13. Persons engaged in hunting deer and/or bear with a longbow OR CROSSBOW must possess a current bowhunting privilege or a valid certif- icate of qualification in responsible bowhunting practices issued or honored by the department. § 8. Section 11-0903 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows: 12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING OF WILDLIFE BY THE USE OF CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE. § 9. Subdivision 10 of section 11-0907 of the environmental conserva- tion law, as added by section 14 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: 10. Notwithstanding any provision of this chapter, or any prior notwithstanding language in this article, the department may, by regu- lation, authorize the taking of big game by the use of a crossbow by any licensed person in any big game season [in any area designated in items (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi- vision two of this section in which a shotgun or muzzle loader is permitted provided however, that any crossbow use during an archery-only season shall only take place during the last fourteen consecutive days of such archery-only season in the southern zone provided that such S. 2508--B 122 archery-only season shall consist of not less than forty-five days and only during the last ten consecutive days of any archery-only season in the northern zone provided that such archery-only season shall consist of no less than twenty-three days. Any muzzle loading season which occurs at the same time as a special archery season may only occur during times when crossbows are authorized to be used]. § 10. Subdivision 1 of section 11-0929 of the environmental conserva- tion law, as amended by section 20 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: 1. A licensee who is twelve or thirteen years of age shall not hunt wildlife with a gun, OR A CROSSBOW or a longbow unless he or she is accompanied by his or her parent or legal guardian, or by a person twen- ty-one years of age or older designated in writing by his or her parent or legal guardian on a form prescribed by the department, who holds a hunting license. [A licensee who is twelve or thirteen years of age shall not hunt with a crossbow.] § 11. Subparagraph 5 of paragraph b of subdivision 2 of section 11-0929 of the environmental conservation law is REPEALED and subpara- graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5. § 12. Section 11-0933 of the environmental conservation law, as added by section 22 of part EE of chapter 55 of the laws of 2014, is amended to read as follows: § 11-0933. Taking small game by crossbow. Notwithstanding any provision of this chapter, or any prior notwith- standing language in this article, the department may, by regulation, authorize the taking of small game and wild upland game birds by the use of a crossbow by any licensed person [fourteen years of age or older], in any small game season[, in any area designated in items (a), (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two of section 11-0907 of this title in which a shotgun or muzzle loader is permitted]. § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83 of the state finance law, as amended by section 1 of part AA of chapter 58 of the laws of 2015, is amended to read as follows: (i) There is hereby created a special account within the conservation fund to be known as the state fish and game trust account to consist of all moneys received by the state from the sale of lifetime hunting, fishing, and trapping licenses, and lifetime archery and muzzle-loading privileges pursuant to section 11-0702 of the environmental conservation law except those moneys deposited in the habitat conservation and access account pursuant to section eighty-three-a of this chapter. The state comptroller shall invest the moneys in such account in securities as defined by section ninety-eight-a of this article OR, WITHIN THE DISCRETION OF THE COMPTROLLER TO MAXIMIZE INCOME FOR THE ACCOUNT, IN INVESTMENTS AUTHORIZED BY SECTION ONE HUNDRED SEVENTY-SEVEN OF THE RETIREMENT AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL SECURITY LAW. Any income earned by the investment of such moneys, except income transferred to the conservation fund pursuant to subparagraph (iii) of this paragraph, shall be added to and become a part of, and shall be used for the purposes of such account. § 14. This act shall take effect immediately. PART Y Intentionally Omitted S. 2508--B 123 PART Z Section 1. Part UU of chapter 58 of the laws of 2020, authorizing the county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands, is amended to read as follows: PART UU Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the Bay Park Convey- ance Project. Each component is wholly contained within a Subpart iden- tified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subject to the provisions of this act, the county of Nassau, acting by and through the county legislature of such county, is hereby authorized to (a) discontinue permanently the use as parkland the subsurface lands described in sections [four, five, seven, eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act and establish permanent easements on such lands for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in sections [three, six and nine] TWO, FIVE AND EIGHT of this act and establish temporary easements on such lands for the purpose of constructing a subsurface sewer main. Authorization for the temporary easements described in sections [three, six, and nine] TWO, THREE, FIVE, EIGHT, AND TEN of this act shall cease upon the completion of the construction of such sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the estab- lishment of such temporary easements. Authorization for the permanent easements described in sections [four, five, seven, eight, ten] FOUR, SIX, EIGHT and [eleven] TEN of this act shall require that the depart- ment of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. [§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Nassau dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.] § [3.] 2. TEMPORARY EASEMENT - Force main shaft construction area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being S. 2508--B 124 more particularly bounded and described as follows: beginning at a point on the northerly line of the Nassau County Sewage Treatment Plant prop- erty, said Point of Beginning being South [68°00'] 68°06'12" East, as measured along northerly line of said sewage treatment plant, [543] 535.50 feet plus or minus, from the intersection of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South [68°00'] 68°06'12" East, along the norther- ly line of said sewage treatment plant, [247] 249.60 feet plus or minus; thence South [07°04'] 07°20'58" West [196] 198.58 feet plus or minus; thence North [78°37'] 78°30'32" West [33] 35.88 feet plus or minus; thence North [06°10'] 06°10'23" East [105] 89.20 feet plus or minus; thence North [30°53'] 33°17'21" West [56] 78.28 feet plus or minus; thence North [64°27'] 66°13'52" West [190] 173.72 feet plus or minus; thence North [20°21'] 19°56'50" East [49] 62.50 feet plus or minus, to the northerly line of the Nassau County Sewage Treatment Plant, at the Point of Beginning. Containing within said bounds [19,700] 23,089 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FIFTY-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section [four] THREE of this act. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § [4.] 3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a [permanent] TEMPORARY easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 25 feet, the center of said circle being the following three (3) courses from the intersection of the northerly line of the Nassau County Sewage Treatment Plant with the westerly side of Compton Street: [running thence] South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, [581] 573.10 feet plus or minus to the centerline of the permanent easement for a force main described in section five of this act; thence South [21°34'] 22°24'56" West, along said centerline, [17] 19.74 feet plus or minus; thence South [14°28'] 22°24'56" West, [continuing] along THE PRODUCTION OF said centerline, [1,439] 5.25 feet [plus or minus], to the center of the herein described circular easement. Containing within said bound [707] 1,963 square feet plus or minus. Said [permanent] TEMPORARY ease- ment is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly line of the Nassau County Sewage Treatment Plant property, said Point of Beginning being S. 2508--B 125 South [68°00'] 68°06'12" East, as measured along northerly line of said sewage treatment plant, [571] 563.10 feet plus or minus, from the inter- section of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, 20.00 feet plus or minus; thence South [21°34'] 22°24'56" West [17] 19.15 feet plus or minus; thence South [14°28'] 14°35'11" West [1,463] 1446.44 feet plus or minus; thence North [75°32'] 75°24'49" West 20.00 feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81 feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet plus or minus, to the northerly line of the Nassau County Sewage Treat- ment Plant, at the Point of Beginning. Containing within said bounds [29,600] 29,337 square feet. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § [6.] 5. TEMPORARY EASEMENT - Force main shaft construction area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northwesterly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being [more particularly described as commencing at the] NORTH 44°03'41" EAST 50.26 FEET PLUS OR MINUS, FROM THE intersection of the [southerly side of Sunrise Highway Street] NORTHERLY LINE OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPART- MENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side of Lakeview Road, FORMERLY KNOWN AS OLD MILL ROAD; running thence [southerly] along the southeasterly side of Lakeview Road [243 feet plus or minus, to the centerline of the], NORTH 44°03'41" EAST 237.63 FEET PLUS OR MINUS; THENCE SOUTH 50°48'50" EAST 70.10 FEET PLUS OR MINUS; THENCE PARTLY THROUGH THE AFOREMENTIONED LANDS LICENSED TO THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION), SOUTH 43°39'59" WEST 239.51 FEET; THENCE PARTIALLY THROUGH A permanent [subsurface] DRAINAGE easement [for force main described in section eight of this act; thence South 60°06' East, along said centerline, 25 feet plus or minus, to the northwesterly line of the temporary easement] GRANTED FROM THE CITY OF NEW YORK TO THE COUNTY OF NASSAU, AS SHOWN ON MAP OF REAL PROPERTY TO BE ACQUIRED for the [force main shaft construction area] IMPROVEMENT OF BELLMORE CREEK FROM WILSON AVENUE TO LAKEVIEW ROAD, FILED FEBRUARY 8, 1979, AT THE NASSAU COUNTY CLERK'S OFFICE AS MAP NO. H-1841, AND ALSO THROUGH THE AFOREMENTIONED LICENSED LANDS, NORTH 49°12'28" WEST 71.62 FEET PLUS OR MINUS; TO THE SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD, at the Point of Beginning. [Running thence North 39°06' East 111 feet plus or minus; thence South 55°47' East 70 S. 2508--B 126 feet plus or minus; thence South 38°42' West 240 feet plus or minus; thence North 54°11' West 72 feet plus or minus; thence North 39°06' East 127 feet plus or minus, to the Point of Beginning.] Containing within said bounds [16,900] 16,864 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter PERMANENT access shaft. The location of said PERMANENT access shaft is more particularly described in section [seven] SIX of this act. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § [7.] 6. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: [a circular easement with a radius of 15 feet,] BEGINNING AT A POINT ON the [center] of SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD, said [circle] POINT OF BEGINNING being [the following two (2) courses] NORTH 44°03'41" EAST 170.39 FEET PLUS OR MINUS, from the intersection of the [southerly side of Sunrise Highway] NORTHERLY LINE OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side of Lakeview Road[: Southerly], FORMERLY KNOWN AS OLD MILL ROAD; RUNNING THENCE, along the southeasterly side of Lakeview Road [243 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section eight of this act; South 60°06' East, along said centerline, 51], NORTH 44°03'41" EAST 25.04 feet plus or minus, to the [center of the herein described circular easement.] BEGINNING OF A NON-TANGENT CURVE; THENCE 111.59 FEET PLUS OR MINUS ALONG SAID NON-TANGENT CIRCULAR CURVE TO THE RIGHT THAT HAS A RADIUS OF 22.00 FEET, SUBTENDS AN ANGLE OF 290°37'31", AND HAS A CHORD THAT BEARS SOUTH 44°03'41" WEST 25.04 FEET, TO THE POINT OF BEGINNING. Containing within said bounds a surface area of [707] 1,454 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approxi- mate depth of 70 feet. THE PERMANENT EASEMENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAIN- TENANCE, REPAIR AND RECONSTRUCTION. Any permanent surface improvements FOR A MANHOLE OR for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § [8.] 7. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as S. 2508--B 127 follows: [beginning at a point on the southeasterly side of Lakeview Road, said Point of Beginning being southwesterly 222 feet plus or minus, as measured along the southeasterly side of Lakeview Road from the intersection of the southerly side of Sunrise Highway with the southeasterly side of Lakeview Road; thence South 60°06' East 49 feet plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence South 16°16' West 53 feet plus or minus; thence North 32°15' West 1,785 feet plus or minus; thence North 60°06' West 53 feet plus or minus, to the southeasterly side of Lakeview Road; thence North 48°13' East, along the southeasterly side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning. Containing within said bounds 72,900 square feet plus or minus.] BEGINNING AT THE INTERSECTION OF THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE SOUTHERLY LINE OF A PERMANENT EASEMENT GRANTED BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION) TO THE TOWN OF HEMPSTEAD FOR HIGHWAY PURPOSES SHOWN AS PARCEL E ON MAP NO. 21R-1651, DATED SEPTEMBER 30, 1935 AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA- TION, WITH THE EASTERLY SIDE OF LINDEN STREET, ALSO BEING THE WESTERLY SIDE OF WANTAGH STATE PARKWAY; RUNNING THENCE SOUTH 87°54'31" WEST 16.42 FEET PLUS OR MINUS, ALONG THE SOUTHERLY SIDE OF THE WANTAGH STATE PARK- WAY; THENCE THROUGH THE AFOREMENTIONED EASEMENT, NORTH 49°40'30" WEST 172.07 FEET PLUS OR MINUS; THENCE PARTIALLY THROUGH LANDS LICENSED TO THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION), AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, ALSO AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, NORTH 32°14'44" WEST 1,935.06 FEET; THENCE NORTH 60°00'15" WEST 18.68 FEET PLUS OR MINUS, TO THE SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD; THENCE ALONG THE SOUTHEASTERLY SIDE OF LAKE- VIEW ROAD, NORTH 44°03'41" EAST 20.62 FEET PLUS OR MINUS; THENCE SOUTH 60°00'15" EAST 18.61 FEET PLUS OR MINUS; THENCE THROUGH THE AFOREMEN- TIONED LICENSED LANDS, SOUTH 32°14'44" EAST 1,936.94 FEET; THENCE SOUTH 49°40'30" EAST 294.48 FEET PLUS OR MINUS, TO THE WESTERLY SIDE OF THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE EASTERLY SIDE OF LINDEN STREET; THENCE NORTHWESTERLY ALONG THE WESTERLY SIDE OF THE WANTAGH STATE PARKWAY, BEING ALSO THE EASTERLY SIDE OF LINDEN STREET, 113.74 FEET PLUS OR MINUS ALONG THE ARC OF A NON-TANGENT CURVE, BEARING TO THE LEFT, HAVING A RADIUS OF 1,233.00', A CHORD THAT BEARS NORTH 54°10'34" WEST 113.70 FEET PLUS OR MINUS, TO THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY, AT THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 43,088 SQUARE FEET PLUS OR MINUS. The above described perma- nent easement is for the construction and operation of a six-foot diam- eter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map. § [9.] 8. TEMPORARY EASEMENT - Force main shaft construction area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New S. 2508--B 128 York being more particularly bounded and described as follows: [begin- ning] BEGINNING at a point on the northerly line of the herein described temporary easement for [the force main shaft] construction [area] STAG- ING, said Point of Beginning being more particularly described as commencing at the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence [southerly] SOUTH 02°05'40" EAST, along the easterly side of Wantagh Parkway [319], 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section [eleven] TEN of this act; thence South [19°15'] 19°14'42" East, along said centerline, [257] 166.40 feet plus or minus, to the northerly line of the temporary ease- ment for [the force main shaft] construction [area] STAGING, at the Point of Beginning. Running thence North [87°25'] 87°24'47" East 122.41 feet plus or minus; thence [south 33°56'] SOUTH 33°56'04" East [68] 67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69 feet plus or minus; thence South [86°38'] 86°37'33 West 78.30 feet plus or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or minus; thence South [47°04'] 47°03'34" West [103] 102.51 feet plus or minus; thence South [86°22'] 86°22'25" West [28] 27.76 feet plus or minus; thence North [08°39'] 07°01'12" West [264] 263.59 feet plus or minus; thence North [87°25'] 87°24'47" East [53] 45.17 feet plus or minus, to the Point of Beginning. Containing within said bounds [36,500] 35,505 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section ten of this act. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § [10.] 9. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 22 feet, the center of said circle being the following two (2) courses from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway: [South- erly] SOUTH 02°05'40" EAST along the easterly side of Wantagh Parkway [319], 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section [eleven] TEN of this act; thence South [19°15'] 19°14'42" East, along said centerline, [315] 224.60 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said [permanent] TEMPORARY easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § [11.] 10. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of S. 2508--B 129 Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: beginning at a point on the easterly side of THE Wantagh STATE Parkway, said Point of Beginning being [southerly 285] SOUTH 02°05'40" EAST 358.86 feet plus or minus[, as measured along the easterly side of Wantagh Parkway] from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence South [19°15'] 19°14'42" East [349] 258.49 feet plus or minus; thence South [02°17'] 02°16'58" East [1,882] 1,725.93 feet plus or minus; thence [South 09°25' East 1,202] SOUTHWESTERLY 43.40 feet plus or minus[; thence South 80°35'] ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADI- US OF 1,075.00 FEET AND A CHORD THAT BEARS SOUTH 25°09'48" West [20 feet plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus; thence North [02°17'] 02°16'58" West [1,880] 1,761.45 feet plus or minus; thence North [19°15'] 19°14'42" West [281] 190.70 feet plus or minus, to the easterly side of Wantagh Parkway; thence North [02°09'] 02°05'40" West, along the easterly side of Wantagh Parkway, [68] 67.82 feet plus or minus, to the Point of Beginning. Containing within said bounds [68,000] 39,359 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § [12.] 11. Should the lands described in sections [four, five, seven, eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act cease to be used for the purposes described in section one of this act, the perma- nent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § [13.] 12. In the event that the county of Nassau received any fund- ing support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections [three] TWO through [eleven] TEN of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the county of Nassau has complied with any appli- cable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secre- tary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § [14.] 13. This act shall take effect immediately. SUBPART B Section 1. Subject to the provisions of this act, the village of East Rockaway, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections [four] THREE and [five] FOUR of this act and to grant permanent ease- ments on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsur- face sewer main, and (b) discontinue temporarily the use as parkland the lands described in section [three] TWO of this act and grant temporary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Authorization for the temporary S. 2508--B 130 easement described in section [three] TWO of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easement. Authorization for the permanent easements described in sections [four] THREE and [five] FOUR of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. [§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of East Rockaway dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.] § [3.] 2. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Parkland upon and under which a temporary easement may be granted pursu- ant to subdivision (b) of section one of this act is described as follows: all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more partic- ularly bounded and described as follows: [beginning] BEGINNING at a point on the westerly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being more particularly described as commencing at the [intersection of the northeasterly side of Long Island Railroad right-of-way with the easterly side of Ocean Avenue; running thence North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the north- erly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14, on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map;] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494, RUNNING thence South [74°46'] 76°23'40" East, [partly along said northerly line, 206] ON THE NORTHERLY PROPERTY LINE PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 53.41 feet plus or minus, to the westerly line of the HEREIN DESCRIBED temporary easement[,] at the Point of Beginning. Running thence North [15°34'] 14°03'08" East [49] 42.21 feet plus or minus; thence South [67°33'] 67°25'43" East [238] 237.47 feet plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or minus; thence South [64°59'] 64°59'21" West [117] 106.15 feet [plus or minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet plus or minus, to the Point of Beginning. Containing within said bounds [23,000] 23,103 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said PERMANENT access shaft is more particularly described in section [four] THREE of this act. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § [4.] 3. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and under which a permanent easement may be granted pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of S. 2508--B 131 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 22 feet, the center of said circle being the following [three (3)] TWO (2) cours- es from the [intersection of the northeasterly side of Long Island Rail- road right-of-way with the easterly side of Ocean Avenue; North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494; South [74°46'] 76°23'40" East, [partly along] ON the [said] northerly PROPERTY line[, 333] PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 185.51 feet plus or minus[,]; to the centerline of the PERMANENT subsurface easement for force main, described in section [five] FOUR of this act; thence [South 19°04' West,] along said EASEMENT centerline[, 16] SOUTH 19°04'18" WEST 22.47 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. THE PERMANENT EASE- MENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAINTENANCE, REPAIR AND RECONSTRUCTION. Any perma- nent surface improvements FOR A MANHOLE OR for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be granted pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Hamlet of Oceanside, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the westerly line of the herein described permanent subsurface easement, said Point of Beginning being more particularly described as commencing at the [intersection of the northeasterly side of Long Island Railroad right-of-way with the easterly side of Ocean Avenue; running thence North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly line] NORTHEAST CORNER of property [desig- nated as Section 38 Block E Lot 14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map; thence] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494; RUNNING THENCE South [74°46'] 76°23'40" East, [partly along] ON the [said] northerly PROPERTY line[, 323] PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 175.47 feet plus or minus, to the westerly line of the HEREIN DESCRIBED permanent easement, at the Point of Beginning. Running thence North [19°04'] 19°04'18" East [73] 31.11 feet plus or minus, to the [northerly line of property desig- nated as Section 38 Block E Lot 21A on the Nassau County Land and Tax Map] SOUTHERLY SIDE OF MILL RIVER; thence South [60°10'] 67°42'35" East, along [said northerly line] THE SOUTHERLY SIDE OF MILL RIVER, [20] 20.03 S. 2508--B 132 feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet plus or minus; thence South [15°40'] 15°40'03" East [116] 55.00 feet plus or minus, to the [south line] NORTHERLY SIDE of [property desig- nated as Section 38 Block E Lot 21A on the Nassau County Land and Tax Map] MILL RIVER; thence North [88°09'] 84°40'35" West [21], ALONG THE NORTHERLY SIDE OF MILL RIVER, 20.33 feet plus or minus; thence North [15°40'] 15°40'03" West [116] 57.60 feet plus or minus; thence North [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the Point of Beginning. Containing within said bounds [4,100] 2,167 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of proper- ty designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § [6.] 5. Should the lands described in sections [four] THREE and [five] FOUR of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § [7.] 6. In the event that the village of East Rockaway received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections [three] TWO through [five] FOUR of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the village of East Rockaway has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the inte- rior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § [8.] 7. This act shall take effect immediately. SUBPART C Section 1. Subject to the provisions of this act, the village of Rock- ville Centre, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections [three, four] TWO and [six] FIVE of this act and to grant permanent easements on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as park- land the lands described in sections [five] THREE, FOUR and [seven] SIX of this act and grant temporary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Author- ization for the temporary easements described in sections [five] THREE, FOUR and [seven] SIX of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environ- mental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easements. Authorization for the permanent easements described in sections [three, four] TWO and [six] FIVE of this act shall require that the department of environ- mental conservation restore the surface of the parklands disturbed and S. 2508--B 133 the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent easements. [§ 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of Rockville Centre dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities.] § [3.] 2. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Incorporated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York, being a 20-foot wide strip of land more particularly bounded and described as follows: [the] BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MILL RIVER AVENUE, SAID Point of Beginning being [at] SOUTH 74°20'24" EAST, AS MEASURED ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, 60.73 FEET PLUS OR MINUS FROM the intersection of the northerly side of Mill River Avenue with the easterly side of Riverside Road; running thence [north- erly along the easterly side of Riverside Road 346 feet plus or minus; thence South 13°01' West 346] NORTH 10°26'55" EAST 461.31 feet plus or minus, to the [northerly] SOUTHERLY side of [Mill River] SOUTH PARK Avenue; thence [westerly] along the [northerly] SOUTHERLY side of [Mill River] SOUTH PARK Avenue, [17] SOUTH 79°11'54" EAST 20.00 FEET PLUS OR MINUS, THENCE SOUTH 10°26'55" WEST 463.01 feet plus or minus, to the [easterly side of Riverside Road, at] NORTHERLY SIDE OF MILL RIVER AVENUE, THENCE ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, NORTH 74°20'24" WEST 20.08 FEET PLUS OR MINUS, TO the Point of Beginning. Containing within said bounds [3,100] 9,243 square feet plus or minus. The above described permanent easement is for the construction and oper- ation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property desig- nated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land and Tax Map. § [4.] 3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access Shaft. Parkland upon and under which a [permanent] TEMPORARY easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as a circular easement with a radius of [15] 22 feet, the center of said circle being the following two (2) courses from the intersection of the northerly side of SOUTH Park Avenue with the easter- ly side of [Oxford] CHESTER Road: [Easterly] SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section [six] FIVE of this act; North [13°01'] 10°26'55" East, along said centerline, [953] 953.71 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said [permanent] TEMPORARY easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. Any permanent surface improvements for cathodic protection, if S. 2508--B 134 necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F [and Section: 38, Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map. § [5.] 4. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incor- porated Village of Rockville Centre, Incorporated Village of East Rocka- way, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: Beginning at a point on the southerly side of the herein described temporary easement for [the force main shaft] construction [area] STAGING, said Point of Beginning being more partic- ularly described as commencing at the intersection of the northerly side of SOUTH Park Avenue with the easterly side of [Oxford] CHESTER Road; running thence [easterly] SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section [six] FIVE of this act; thence North [13°01'] 10°26'55" East, along said centerline, [920] 920.41 feet plus or minus, to the southerly line of the temporary easement, at the Point of Beginning. Running thence North [76°19'] 76°19'09" West [136 feet plus or minus, to the easterly termi- nus of Merton Avenue (unopened); thence North 76°19' West, through the unopened part of Merton Avenue, 48] 185.92 feet plus or minus; thence North [14°49'] 14°49'03" East [5' feet plus or minus, to the northerly side of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or minus; thence South [76°29'] 76°28'34" East [66] 65.98 feet plus or minus; thence North [36°47'] 36°46'43" East [61] 60.84 feet plus or minus; thence North [78°41'] 78°41'29" East [145] 145.19 feet plus or minus; thence South [65°54'] 65°54'19" East [46] 45.62 feet plus or minus; thence South [29°39'] 29°38'55" WEST 146.71 FEET PLUS OR MINUS; THENCE NORTH 76°19'09" West [147 feet plus or minus; thence North 76°19' West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing within said bounds [22,800] 22,827 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section [four] THREE of this act. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F and [Section: 38, Block: T, Lots: 50A, 50B, 50C] PART OF MERTON AVENUE (NOT OPEN) on the Nassau County Land and Tax Map. § [6.] 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more partic- ularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly side of SOUTH Park Avenue, said [Point of Begin- ning 193 feet plus or minus easterly, as measured] POINT BEING SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, 237.33 FEET PLUS OR MINUS, from the intersection of the northerly side of SOUTH S. 2508--B 135 Park Avenue with the easterly side of [Oxford] CHESTER Road; running thence North [13°01'] 10°26'55" East [956] 956.35 feet plus or minus; thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to the [northeasterly line of property designated as Section 38 Block F Lot 50F, on the Nassau County Land and Tax Map] WESTERLY SIDE OF MILL RIVER; thence [South 53°10' East,] along [said northeasterly line, 20] THE WESTERLY SIDE OF MILL RIVER THE FOLLOWING FIVE (5) COURSES SOUTH 10°54'32" EAST 4.49 FEET PLUS OR MINUS; SOUTH 08°32'16" WEST 6.44 FEET PLUS OR MINUS; SOUTH 17°55'44 WEST 8.24 FEET PLUS OR MINUS; SOUTH 10°55'50" WEST 4.90 FEET PLUS OR MINUS; SOUTH 07°44'20" WEST 14.16 feet plus or minus; thence South [44°00'] 40°12'27" West [443] 427.49 feet plus or minus; thence South [13°01'] 10°26'55" West [950] 951.08 feet plus or minus[,] to the northerly side of SOUTH Park Avenue; thence North [79°36'] 79°24'16" West, along [said] THE northerly side OF SOUTH PARK AVENUE, [20] 20.00 feet plus or minus, to the Point of Beginning[; containing]. CONTAINING within said bounds [28,000] 28,014 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a mini- mum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F and Section: 38, Block: T, [Lots] LOT: 50A[, 50B, 50C] on the Nassau County Land and Tax Map. § [7.] 6. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Parkland upon and under which a temporary easement may be established pursuant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incor- porated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly side of Sunrise Highway (New York State Route [27A] 27), said [Point of Begin- ning] POINT being distant [254] 82.57 feet [plus or minus] westerly [as measured] along the northerly side of Sunrise Highway from the [inter- section of] EXTREME WESTERLY AND OF AN ARC OF A CURVE CONNECTING the northerly side of Sunrise Highway with the westerly side of NORTH Forest Avenue[; running]. RUNNING thence [North 86°15' West,] along the north- erly side of Sunrise Highway THE FOLLOWING THREE (3) COURSES: SOUTHWES- TERLY 250.24 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 862.00 FEET AND A CHORD THAT BEARS SOUTH 77°03'07" WEST 249.36 FEET PLUS OR MINUS, [175 feet plus or minus; thence] South [68°26'] 68°43'30" West[, continuing along the northerly side of Sunrise Highway, 111] 161.85 FEET PLUS OR MINUS; SOUTHWESTERLY 20.44 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 592.00 FEET AND A CHORD THAT BEARS SOUTH 69°00'05" WEST 20.44 feet plus or minus; thence North [14°47'] 14°30'46" West [162] 215.45 feet plus or minus, to the southerly side of [the] Long Island Rail Road [right-of-way]; thence [South 86°59' East,] along the southerly side of the Long Island Rail Road, [479] SOUTH 87°41'41" EAST 469.93 feet plus or minus; thence South [01°59'] 02°13'26" West [75] 67.80 feet plus or minus, to the northerly side of [the travelled way of] Sunrise Highway, [then 160 feet plus or minus along the arc or a circular curve to the left that has a radius of 850 feet and a chord that bears South 80°03' West 160 feet plus or minus to] AT the Point of Beginning. Containing within said bounds [50,300] 57,506 square feet plus or minus. The above described temporary easement is necessary for the construction of temporary access to the aqueduct below Sunrise High- S. 2508--B 136 way area. Said parcel being part of property designated as Section: 38 Block: 291 Lot: 17 on the Nassau County Land and Tax Map. § [8.] 7. Should the lands described in sections [three, four] TWO and [six] FIVE of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § [9.] 8. In the event that the village of Rockville Centre received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections [three] TWO through [seven] SIX of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the village of Rockville Centre has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the inte- rior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § [10.] 9. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. § 2. This act shall take effect immediately. PART AA Section 1. Subparagraph (i) of paragraph 3 of subdivision (a) of section 21 of the tax law, as amended by section 17 of part BB of chap- ter 56 of the laws of 2015, is amended to read as follows: (i) The tangible property credit component shall be equal to the applicable percentage of the cost or other basis for federal income tax purposes of tangible personal property and other tangible property, including buildings and structural components of buildings, which constitute qualified tangible property and may include any related party service fee paid; provided that in determining the cost or other basis of such property, the taxpayer shall exclude the acquisition cost of any item of property with respect to which a credit under this section was allowable to another taxpayer. A related party service fee shall be allowed only in the calculation of the tangible property credit compo- nent and shall not be allowed in the calculation of the site preparation credit component or the on-site groundwater remediation credit compo- nent. The portion of the tangible property credit component which is attributable to related party service fees shall be allowed only as follows: (A) in the taxable year in which the qualified tangible proper- ty described in subparagraph (iii) of this paragraph is placed in service, for that portion of the related party service fees which have S. 2508--B 137 been earned and actually paid to the related party on or before the last day of such taxable year; and (B) with respect to any other taxable year for which the tangible property credit component may be claimed under this subparagraph and in which the amount of any additional related party service fees are actually paid by the taxpayer to the related party, the tangible property credit component for such amount shall be allowed in such taxable year. The credit component amount so determined shall be allowed for the taxable year in which such qualified tangible property is first placed in service on a qualified site with respect to which a certificate of completion has been issued to the taxpayer, or for the taxable year in which the certificate of completion is issued if the qualified tangible property is placed in service prior to the issu- ance of the certificate of completion. This credit component shall only be allowed for up to one hundred twenty months after the date of the issuance of such certificate of completion, PROVIDED, HOWEVER, THAT FOR QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO THOUSAND TWELVE, THE CREDIT COMPONENT SHALL BE ALLOWED FOR UP TO ONE HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE. § 2. This act shall take effect immediately. PART BB Section 1. Notwithstanding the contrary provisions of section 9-0501 of the environmental conservation law and the contrary provisions of the public lands law, the department of environmental conservation is authorized to grant easements for buried cables on real property within the Farmersville State Forest, Lost Nation State Forest, and Swift Hill State Forest, which meet the following conditions: (a) The easements are for buried electric cables which are part of a wind powered electric generation project located in the towns of Rush- ford, Farmersville, Arcade, Centerville, Freedom, and Machias. (b) The easements are for a portion of the property within Farmers- ville State Forest, Lost Nation State Forest, and Swift Hill State Forest owned by the state and managed by the department of environmental conservation. The buried cables shall be: (1) located underground for approximately 500 feet between turbines 101 and 102 (which are sited on private land), and passing below a section of Farmersville State Forest in Cattaraugus County; (2) located underground for approximately 1,600 feet on the south side of Hess Road along the Farmersville State Forest boundary in Cattaraugus County, turning southwest to follow an existing track for approximately 420 feet, and continuing west along the northern parcel boundary for approximately 1,300 feet to the property line, to connect turbines 100 and 104 (both sited on private land); (3) located underground for approximately 2,950 feet along the west side of North Hill Road in Lost Nation State Forest in Allegany County to connect turbines 73, 75, 76, and 77 (all sited on private land) to the rest of the project; and (4) located underground for approximately 1,150 feet on the east side of Rushford Road, along the western edge of Swift Hill State Forest in Allegany County to connect turbines 124 and 125 (both sited on private land) to the rest of the project. (c) The easements will be conveyed by the department of environmental conservation and take effect only in the event the underground cables proposed to be on such easement lands are certified and approved as part S. 2508--B 138 of a wind powered electric generation facility pursuant to article 10 of the public service law. (d) The easements shall terminate when the associated wind powered electric generation project ceases to operate for 18 months as set forth in the easements and the easements shall then revert to the state to be managed by the department of environmental conservation as state forest land. (e) The use of chemicals/herbicides for clearing said easements is prohibited unless prior approval for the same is granted by the depart- ment of environmental conservation, division of lands and forests. § 2. (a) In entering into the easements described in section one of this act, the department of environmental conservation is authorized to grant such easements for fair market value plus twenty percent of the value of the easements plus one hundred thousand dollars upon applica- tion by Alle-Catt Wind Energy LLC. (b) An amount, not less than fair market value plus twenty percent of the value of the easements plus one hundred thousand dollars shall be used to obtain for the state an interest in real property for open space purposes in region 9 of the department of environmental conservation from the regional priority conservation projects list in region 9 as part of this state's open space conservation plan. The total payment for such acquisition or acquisitions shall not be less than the value of the easements to be conveyed by the state plus twenty percent of the value of such easements plus one hundred thousand dollars. (c) Any monies received by the department of environmental conserva- tion from Alle-Catt Wind Energy LLC in consideration of these easements shall be deposited into the state environmental protection fund, as established in section 92-s of the state finance law, until such time as they can be used towards the purchase of the real property as contem- plated in subdivision (b) of this section. (d) The description of the easements to be conveyed by this act is not intended to be a legal description, but is intended to identify the easements to be conveyed. As a condition of conveyance Alle-Catt Wind Energy LLC shall submit to the commissioner of environmental conserva- tion for his or her approval an accurate survey and description of lands generally described in this section which may be used in the conveyance thereof. (e) The grant of the easements is conditioned on the issuance of certificates of environmental compatibility and public need pursuant to the provisions of article 10 of the public service law. (f) Compensation for the stumpage value of trees to be felled by the entity shall be deposited in the same manner as in subdivision (b) of this section with the felled trees to become the property of Invenergy LLC. Stumpage value is to be determined by the department of environ- mental conservation forester based on the most recent department of environmental conservation stumpage price report at the time the trees are felled. § 3. The commissioner of environmental conservation may prescribe additional terms for such exchange of real property. Such contract shall not become binding upon the state until approved by the state comp- troller. Title to the land to the people of the state of New York pursu- ant to the provisions of such contract shall be approved by the attorney general, and the deed to the state shall be approved by him or her as to form and manner of execution and recordability before such deed shall be accepted on behalf of the state. Notwithstanding the contrary provisions of the public lands law, the conveyance of the state-owned easements S. 2508--B 139 pursuant to such contract shall be without reservation or exception, except as provided for in such contract. Upon certification by the commissioner of environmental conservation to the commissioner of gener- al services of a copy of the contract, and certification that Alle-Catt Wind Energy LLC has complied with all terms and conditions of the contract upon their part to be kept and performed, together with a description of any of the easements to be exchanged, conveyed and/or payments to be made, the commissioner of general services shall convey the easements described in section one of this act in accordance with the provisions of the contract. § 4. This act shall take effect immediately, and shall expire and be deemed repealed five years after such date; provided, however, should the easements be granted within the five years, the term of the ease- ments will establish the end date of the easements. At such time the land will revert back to the state of New York for state forest purposes. PART CC Section 1. Section 12 of part F of chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter 65 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2013[; provided, however, that the amendments to subdivision 5-a of section 27-1015 of the environmental conservation law, as added by section nine of this act, shall expire and be deemed repealed on April 1, 2021]. § 2. This act shall take effect immediately. PART DD Section 1. This act shall be known and may be cited as the "rail advantaged housing act". § 2. Legislative findings and statement of purpose. The legislature hereby finds, determines and declares: (a) Chapter 106 of the laws of 2019 enacted the New York state climate leadership and community protection act (the "CLCPA"). The CLCPA directed the department of environmental conservation to establish a statewide greenhouse gas emissions limit for 2030 equal to 60% of 1990 emissions, and a statewide greenhouse gas emissions limit for 2050 equal to 15% of 1990 emissions (the "CLCPA limits"). (b) Transportation currently accounts for 36% of the greenhouse gas emissions in New York. New York has an obligation to reduce greenhouse gas emissions in every sector, including transportation. (c) The CLCPA recognizes the need to encourage and facilitate land use and transportation planning strategies to reduce greenhouse gas emis- sions from the transportation sector. (d) In 1946, the legislature declared a housing emergency in New York City. The emergency has continued through the present day. Housing production throughout the New York City metropolitan area has been insufficient to address this emergency for decades. (e) Creating housing in close proximity to commuter rail stations promotes both the goals of the CLCPA and helps to address the housing emergency in New York City. S. 2508--B 140 (f) A public policy purpose would be served and the interests of the people of the state would be advanced by expediting the regulatory review of local zoning changes that will lead to the production of hous- ing in close proximity to commuter rail stations. § 3. Definitions. (a) ["Commissioner"] "SECRETARY" shall mean the [commissioner of envi- ronmental conservation or the commissioner's] SECRETARY OF STATE OR THE SECRETARY'S designee. (b) "Commuter rail station" shall mean a rail station, other than a rail station located in New York City, on any rail line operated by either the Long Island Rail Road or the Metro-North Railroad. (c) "Commuter rail station area" shall mean the area within one-half mile of any commuter rail station. (d) "Incremental parking decrease" shall mean, with respect to a rail advantaged housing rezoning proposal, the percentage decrease in public- ly accessible vehicle parking proximate to a commuter rail station that such rezoning proposal would cause, if effective. (e) "Incremental population increase" shall mean, with respect to a rail advantaged housing rezoning proposal, the percentage by which the population of a local jurisdiction including the property subject to such rezoning proposal would increase if: (1) such rezoning proposal were to become effective; (2) all of the housing permitted to be built as a result of such rezoning proposal were to be built; and (3) all of such housing were to be fully occupied. (f) "Local jurisdiction" shall mean any city, county, town, village or other political subdivision of the state. (g) "Local agency zoning mitigation account" shall mean an account established by a local agency solely for the purpose of mitigating envi- ronmental impacts due to any rezoning. (h) "Local agency" means any governing body of a local jurisdiction. (i) "Rail advantaged housing" shall mean any housing or residential building located within one-half mile of a commuter rail station. (j) "Rail advantaged housing envelope" shall mean the total square feet of residential space permitted to be built in a commuter rail station area under the zoning regulations applicable to such commuter rail station area. (k) "Rail advantaged housing rezoning proposal" shall mean a proposal for rezoning which, if effective, (1) would increase the rail advantaged housing envelope in the area proposed for rezoning, and (2) would not affect zoning regulations applicable outside a commuter rail station area. (l) "Rezoning" shall mean an action undertaken by a local agency to modify zoning regulations. (m) "Rezoning entity" shall mean a local agency authorized to modify zoning regulations. § 4. Uniform standards and conditions. (a) The [commissioner] SECRETARY shall establish a set of uniform standards and conditions for rail advantaged housing rezoning proposals that are common for all rail advantaged housing rezoning proposals or for particular classes and categories of rail advantaged housing rezon- ing proposals. (b) The uniform standards and conditions established under paragraph (a) of this section shall include: 1. A standard establishing a maximum incremental population increase the exceedance of which by a rail advantaged housing rezoning proposal S. 2508--B 141 would cause such rezoning proposal to be deemed to have an environmental impact; 2. A standard establishing a maximum incremental parking decrease the exceedance of which by a rail advantaged housing rezoning proposal would cause such rezoning proposal to be deemed to have an environmental impact; 3. A formula to determine, by reference to any, all, or any combina- tion of the following factors, the amount which, if paid to a local agency zoning mitigation account, would mitigate the impact of housing construction on the quality of a jurisdiction's environment and on a local agency's ability to provide essential public services: such local agency's expenses for public education; such local agency's expenses for maintenance and improvement of roads, bicycle paths, pedestrian walkways and parks; such local agency's expenses to provide drinking water and to manage water quality; and other factors determined by the [commissioner] SECRETARY to be relevant; and 4. Any other standards and conditions determined by the [commissioner] SECRETARY. § 5. Expedited zoning review. Whenever a county legislature has adopted a local law to permit rail advantaged housing as defined in section three of this act, the uniform standards established pursuant to section four of this act shall apply to such project if the project is approved. Approval by a rezoning entity of a rail advantaged housing rezoning proposal is contingent upon the approval of the chief executive officer of any town, village or city and shall be deemed to not have a significant effect on the environment under subparagraph (ii) of para- graph (c) of subdivision 2 of section 8-0113 of the environmental conservation law if prior to such approval: (a) the chief executive officer of any town, village or city which includes property subject to such rezoning has certified that such rail advantaged housing rezoning proposal: 1. does not exceed the population increase standard established under paragraph 1 of subdivision (b) of section four of this act; 2. does not exceed the parking decrease standard established under paragraph 2 of subdivision (b) of section four of this act; 3. requires that any person who builds housing pursuant to such rezon- ing proposal must pay to any applicable local agency's local agency rezoning mitigation account an amount not less than the amount deter- mined in accordance with the formula established under paragraph 3 of subdivision (b) of section four of this act to be sufficient to mitigate any impacts caused by such housing; and (b) such rezoning entity has conducted at least one public hearing on such rail advantaged rezoning proposal. § 6. This act shall take effect immediately. PART EE Section 1. Subdivisions 4 and 5 of section 1902 of the public authori- ties law, as added by section 6 of part JJJ of chapter 58 of the laws of 2020, are amended to read as follows: 4. Undertake all work and secure such permits as the authority deems necessary or convenient to facilitate the process of establishing build- ready sites and for the transfer of the build-ready sites to developers selected pursuant to a publicly noticed, competitive bidding process authorized by law, PROVIDED THAT ANY CONSTRUCTION, EXCAVATION, DEMOLI- TION, REHABILITATION, RENOVATION, ALTERATION, IMPROVEMENT, REPAIR OR S. 2508--B 142 REMEDIATION SITE WORK PERFORMED BY THE AUTHORITY OR A THIRD PARTY, INCLUDING BUT NOT LIMITED TO A SINGLE PURPOSE PROJECT HOLDING COMPANY ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, ACTING ON ITS BEHALF, SHALL BE CONSIDERED PUBLIC WORK AND SUBJECT TO ALL SECTIONS OF ARTICLE EIGHT OF THE LABOR LAW, INCLUDING BUT NOT LIMITED TO SECTION TWO HUNDRED TWENTY; 5. Notwithstanding title five-A of article nine of this chapter, OR ANY LAW TO THE CONTRARY, establish a build-ready program, including eligibility and other criteria, pursuant to which the authority would, through a competitive and transparent bidding process, AND USING SINGLE PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR ON BEHALF OF THE AUTHORITY AND HAVING NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL, ACQUIRE, SELL AND transfer rights and other interests in build-ready sites and development rights to developers for the purpose of facilitat- ing the development of renewable energy facilities on such build-ready sites. Such transactions may include the transfer of rights, interests and obligations existing under agreements providing for host community benefits negotiated by the authority pursuant to programs established pursuant to subdivision six of this section on such terms and conditions as the authority deems appropriate; § 2. This act shall take effect immediately; provided however, that the amendments to section 1902 of the public authorities law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART FF Section 1. Subdivision (p) of section 406 of chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, as amended by section 12 of part A of chapter 55 of the laws of 2020, is amended to read as follows: (p) The amendments to section 1809 of the vehicle and traffic law made by sections three hundred thirty-seven and three hundred thirty-eight of this act shall not apply to any offense committed prior to such effec- tive date; provided, further, that section three hundred forty-one of this act shall take effect immediately and shall expire November 1, 1993 at which time it shall be deemed repealed; sections three hundred forty-five and three hundred forty-six of this act shall take effect July 1, 1991; sections three hundred fifty-five, three hundred fifty- six, three hundred fifty-seven and three hundred fifty-nine of this act shall take effect immediately and shall expire June 30, 1995 and shall revert to and be read as if this act had not been enacted; section three hundred fifty-eight of this act shall take effect immediately and shall expire June 30, 1998 and shall revert to and be read as if this act had not been enacted; section three hundred sixty-four through three hundred sixty-seven of this act shall apply to claims filed on or after such effective date; sections three hundred sixty-nine, three hundred seven- ty-two, three hundred seventy-three, three hundred seventy-four, three hundred seventy-five and three hundred seventy-six of this act shall remain in effect until September 1, [2021] 2022, at which time they shall be deemed repealed; provided, however, that the mandatory surcharge provided in section three hundred seventy-four of this act shall apply to parking violations occurring on or after said effective date; and provided further that the amendments made to section 235 of the vehicle and traffic law by section three hundred seventy-two of this act, the amendments made to section 1809 of the vehicle and traffic law S. 2508--B 143 by sections three hundred thirty-seven and three hundred thirty-eight of this act and the amendments made to section 215-a of the labor law by section three hundred seventy-five of this act shall expire on September 1, [2021] 2022 and upon such date the provisions of such subdivisions and sections shall revert to and be read as if the provisions of this act had not been enacted; the amendments to subdivisions 2 and 3 of section 400.05 of the penal law made by sections three hundred seventy- seven and three hundred seventy-eight of this act shall expire on July 1, 1992 and upon such date the provisions of such subdivisions shall revert and shall be read as if the provisions of this act had not been enacted; the state board of law examiners shall take such action as is necessary to assure that all applicants for examination for admission to practice as an attorney and counsellor at law shall pay the increased examination fee provided for by the amendment made to section 465 of the judiciary law by section three hundred eighty of this act for any exam- ination given on or after the effective date of this act notwithstanding that an applicant for such examination may have prepaid a lesser fee for such examination as required by the provisions of such section 465 as of the date prior to the effective date of this act; the provisions of section 306-a of the civil practice law and rules as added by section three hundred eighty-one of this act shall apply to all actions pending on or commenced on or after September 1, 1991, provided, however, that for the purposes of this section service of such summons made prior to such date shall be deemed to have been completed on September 1, 1991; the provisions of section three hundred eighty-three of this act shall apply to all money deposited in connection with a cash bail or a partially secured bail bond on or after such effective date; and the provisions of sections three hundred eighty-four and three hundred eighty-five of this act shall apply only to jury service commenced during a judicial term beginning on or after the effective date of this act; provided, however, that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any provision of law amended by any section of this act and such provisions shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the same extent and on the same date as the case may be as otherwise provided by law; § 2. Subdivision 8 of section 1809 of the vehicle and traffic law, as amended by section 13 of part A of chapter 55 of the laws of 2020, is amended to read as follows: 8. The provisions of this section shall only apply to offenses commit- ted on or before September first, two thousand [twenty-one] TWENTY-TWO. § 3. This act shall take effect immediately. PART GG Section 1. Intentionally omitted. § 1-a. Legislative findings. The Legislature finds that automated vehicle technology offers widely anticipated and revolutionary potential for the transportation sector. Among the unprecedented opportunities offered by this technology are inclusive mobility options to benefit disadvantaged, disabled and elderly residents; congestion and emissions mitigation; improved livable land use, and better road usage. Further, the legislature has amended section 2 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehi- cle technology, as amended by section 2 of part H of chapter 58 of the laws of 2018, as amended by section 1 of part M of chapter 58 of the S. 2508--B 144 laws of 2019, to allow for a two-year testing program for automobile manufacturers and technology leaders to test and demonstrate automated vehicle technology in New York, which will expire and be deemed repealed April 1, 2021. Consequently, the legislature finds that there is a pressing need for policymakers to study automated vehicle technology and formulate comprehensive laws and regulations to ensure the state is prepared for the safe deployment of automobiles equipped with this tech- nology and to help prepare the state for a future where automated vehi- cle technology plays a role in shaping our roadways, economy, education system, and society. To this end, it is in the public interest to establish an automated vehicle task force to study, evaluate and develop recommendations relat- ing to specific actionable measures that address how automated vehicle technology will transform the state's roadways, economy, education system, and society. § 1-b. Automated vehicle task force. The New York task force on auto- mated vehicle technology is hereby established to study and assess the future of automated vehicle technology. For purposes of this act, "auto- mated vehicle" shall mean a motor vehicle that has the capability to drive the vehicle without the active control or monitoring of a human operator including any automation level at or above SAE J3016 level 3. Such task force shall consist of seventeen members with demonstrated expertise in issues relating to the work of the task force. The members of the task force shall be appointed as follows: (a) five members shall be appointed by the governor, such members' expertise shall encompass, but not be limited to, the areas of transpor- tation, research and development, education, education for or assisting people with disabilities; one of these members shall be the commissioner of the department of motor vehicles and shall serve as chairperson of the task force; and one member shall be the commissioner of the depart- ment of transportation and shall serve as vice chair; (b) four members shall be appointed by the temporary president of the senate, one of whom shall be appointed from an association representing the manufacturers of the majority of new car and light trucks sold in the United States and shall represent a different original equipment manufacturer than the speaker of the assembly's appointment, and one of whom shall be appointed from a state federation of affiliated public sector, private sector, and building trades labor organizations; (c) four members shall be appointed by the speaker of the assembly, one of whom shall be appointed from an association representing the manufacturers of the majority of new car and light trucks sold in the United States and shall represent a different original equipment manufacturer than the temporary president's appointment, and one of whom shall be appointed from a statewide business advocacy organization representing large and small member companies and local chambers of commerce and professional and trade associations; (d) one member shall be appointed by the senate minority leader; (e) one member shall be appointed by the assembly minority leader; (f) one member shall be appointed by the chancellor of the state university of New York; such member shall be a member of a research faculty of an engineering department at a state university of New York campus; and (g) one member shall be appointed by the commission on independent colleges and universities from a New York private university research faculty of an engineering department. S. 2508--B 145 § 1-c. All appointments shall be made no later than the thirtieth day after the effective date of this section. Vacancies in the membership of the task force shall be filled in the same manner provided for by the original appointments. The task force shall organize as soon as practi- cable following the appointment of its members. The chairperson shall appoint a secretary who shall not be a member of the task force. The members of the task force shall receive no compensation for their services. § 1-d. The task force shall study, evaluate and develop recommenda- tions relating to specific actionable measures that address how auto- mated vehicle technology will transform the state's roadways, economy, education system and society. The automated vehicle task force shall study how to support the safe testing, deployment and operation of auto- mated vehicle technology on public highways. It shall take all of the following into consideration: (a) the measures necessary to successfully implement automated vehicles, including necessary legislative and regu- latory or administrative changes; (b) the difficulties and liabilities that could arise by allowing automated vehicles on public highways and proper mechanisms to manage risks and ensure adequate risk coverage; (c) how automated vehicle technology can promote research and development in this state; (d) potential considerations and resource needs for law enforcement; (e) potential infrastructure changes needed and capital planning considerations; and (f) any other issue the committee deems relevant. § 1-e. The task force shall be entitled to request and receive, and shall utilize such facilities, resources and data of any court, depart- ment, division, board, bureau, commission or agency of the state or any political subdivision thereof as it may reasonably request to properly carry out its powers and duties. § 1-f. In carrying out its functions, the task force shall hold five public hearings around the state to foster discussions in accordance with article seven of the public officers law, and formal public hear- ings to solicit input and recommendations from statewide and regional stakeholder interests. § 1-g. The task force shall report its findings and recommendations to the governor, the temporary president of the senate and the speaker of the assembly on or before April first, two thousand twenty-three. § 2. Intentionally omitted. § 3. Section 3 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 2 of part M of chapter 58 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect April 1, 2017; provided, however, that section one of this act shall expire and be deemed repealed [April] JUNE 1, 2021. § 4. Intentionally omitted. § 5. This act shall take effect immediately, provided, however, that sections one-a, one-b, one-c, one-d, one-e, one-f and one-g of this act shall expire and be deemed repealed 2 years after such date. PART HH Intentionally Omitted PART II S. 2508--B 146 Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormi- tory authority to enter into certain design and construction management agreements, as amended by section 1 of part B of chapter 58 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2021] 2023. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART JJ Section 1. Intentionally omitted. § 2. Intentionally omitted. § 3. The superintendent of financial services shall convene a motor vehicle insurance task force, to examine alternatives to the no-fault insurance system as well as other legislative or regulatory initiatives to reduce the cost of motor vehicle insurance. The task force shall issue a report to the governor, the temporary president of the senate, the speaker of the assembly, the chair of the senate insurance committee and the chair of the assembly insurance committee on its recommendations no later than December 31, 2021. The task force shall be comprised of eight members including the superintendent of financial services who shall serve as the chair. The remaining members shall be appointed as follows: three shall be appointed by the governor, two shall be appointed by the temporary president of the senate, and two shall be appointed by the speaker of the assembly. Members of the task force shall be representative of consumers, health insurers, trial attorneys, healthcare providers, or insurers. The members of the task force shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties. § 4. This act shall take effect immediately. PART KK Intentionally Omitted PART LL S. 2508--B 147 Intentionally Omitted PART MM Intentionally Omitted PART NN Section 1. Section 1 of subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, as amended by section 1 of part AAA of chapter 59 of the laws of 2018, is amended to read as follows: Section 1. Contingent upon available funding, and not to exceed [$69,000,000] $140,000,000 moneys from the urban development corporation shall be available for a local government entity, which for the purposes of this section shall mean a county, city, town, village, school district or special district, where (i) on or after June 25, 2015, an electric generating facility located within such local government entity has ceased operations, and (ii) the closing of such facility has caused a reduction in the real property tax collections or payments in lieu of taxes of at least twenty percent owed by such electric generating facil- ity. Such moneys attributable to the cessation of operations, shall be paid annually on a first come, first served basis by the urban develop- ment corporation to such local government entity within a reasonable time upon confirmation from the state office of real property tax services or the local industrial development authority established pursuant to titles eleven and fifteen of article eight of the public authorities law, or the local industrial development agency established pursuant to article eighteen-A of the general municipal law that such cessation has resulted in a reduction in the real property tax collections or payments in lieu of taxes, provided, however, that the urban development corporation shall not provide assistance to such local government entity for more than seven years, and shall award payments reflecting the loss of revenues due to the cessation of operations as follows: Award Year Maximum Potential Award 1 no more than eighty percent of loss of revenues 2 no more than seventy percent of loss of revenues 3 no more than sixty percent of loss of revenues 4 no more than fifty percent of loss of revenues 5 no more than forty percent of loss of revenues 6 no more than thirty percent of loss of revenues 7 no more than twenty percent of loss of revenues A local government entity shall be eligible for only one payment of funds hereunder per year. A local government entity may seek assistance under the electric generation facility cessation mitigation fund once a generator has submitted its notice to the federally designated electric bulk system operator (BSO) serving the state of New York of its intent to retire the facility or of its intent to voluntarily remove the facil- ity from service subject to any return-to-service provisions of any tariff, and that the facility also is ineligible to participate in the markets operated by the BSO. The date of submission of a local govern- S. 2508--B 148 ment entity's application for assistance shall establish the order in which assistance is paid to program applicants, except that in no event shall assistance be paid to a local government entity until such time that an electric generating facility has retired or become ineligible to participate in the markets operated by the BSO. For purposes of this section, any local government entity seeking assistance under the elec- tric generation facility cessation mitigation fund must submit an attes- tation to the department of public service that a facility is no longer producing electricity and is no longer participating in markets operated by the BSO. After receipt of such attestation, the department of public service shall confirm such information with the BSO. In the case that the BSO confirms to the department of public service that the facility is no longer producing electricity and participating in markets operated by such BSO, it shall be deemed that the electric generating facility located within the local government entity has ceased operation. The department of public service shall provide such confirmation to the urban development corporation upon receipt. The determination of the amount of such annual payment shall be determined by the president of the urban development corporation based on the amount of the differen- tial between the annual real property taxes and payments in lieu of taxes imposed upon the facility, exclusive of interest and penalties, during the last year of operations and the current real property taxes and payments in lieu of taxes imposed upon the facility, exclusive of interest and penalties. The total amount awarded from this program shall not exceed [$69,000,000] $140,000,000. § 2. This act shall take effect immediately; provided, however, that the amendments to section 1 of subpart H of part C of chapter 20 of the laws of 2015 made by section one of this act shall not affect the repeal of such subpart and shall be deemed repealed therewith. PART OO Intentionally Omitted PART PP Section 1. The general obligations law is amended by adding a new article 18-C to read as follows: ARTICLE 18-C LIBOR DISCONTINUANCE SECTION 18-400. DEFINITIONS. 18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS. 18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR. 18-403. SEVERABILITY. § 18-400. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE TO ANY PARTICULAR CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY PREDECESSOR OR SUCCESSOR THEREOF), OR ANY TENOR THEREOF, AS APPLICABLE, THAT IS USED IN MAKING ANY CALCULATION OR DETERMINATION THEREUNDER. 2. "LIBOR DISCONTINUANCE EVENT" SHALL MEAN THE EARLIEST TO OCCUR OF ANY OF THE FOLLOWING: S. 2508--B 149 A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED OR WILL CEASE TO PROVIDE LIBOR, PERMANENTLY OR INDEFINITELY, PROVIDED THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR; B. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR, THE UNITED STATES FEDERAL RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN- ISTRATOR FOR LIBOR, A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR INSOLVENCY OR RESOLUTION AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES THAT THE ADMINISTRATOR OF LIBOR HAS CEASED OR WILL CEASE TO PROVIDE LIBOR PERMANENTLY OR INDEFINITELY, PROVIDED THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR; OR C. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT LIBOR IS NO LONGER REPRESENTATIVE. FOR PURPOSES OF THIS SUBDIVISION TWO, A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION THAT AFFECTS ONE OR MORE TENORS OF LIBOR SHALL NOT CONSTITUTE A LIBOR DISCONTINUANCE EVENT WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE TENOR OF LIBOR, IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION AND SUCH TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED, OR (II) PERMITS A PARTY TO CHOOSE FROM MORE THAN ONE TENOR OF LIBOR AND ANY OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B) IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION, CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED. 3. "LIBOR REPLACEMENT DATE" SHALL MEAN: A. IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE OF THE PUBLIC STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN; AND (II) THE DATE ON WHICH THE ADMINISTRATOR OF LIBOR PERMANENTLY OR INDEFINITELY CEASES TO PROVIDE LIBOR; AND B. IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE PUBLIC STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN. FOR PURPOSES OF THIS SUBDIVISION THREE, A DATE THAT AFFECTS ONE OR MORE TENORS OF LIBOR SHALL NOT CONSTITUTE A LIBOR REPLACEMENT DATE WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT THAT (I) PROVIDES FOR ONLY ONE TENOR OF LIBOR, IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION AND SUCH TENOR CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED, OR (II) PERMITS A PARTY TO CHOOSE FROM MORE THAN ONE TENOR OF LIBOR AND ANY OF SUCH TENORS (A) IS NOT SO AFFECTED OR (B) IF SUCH CONTRACT, SECURITY OR INSTRUMENT REQUIRES INTERPOLATION, CAN BE INTERPOLATED FROM LIBOR TENORS THAT ARE NOT SO AFFECTED. 4. "FALLBACK PROVISIONS" SHALL MEAN TERMS IN A CONTRACT, SECURITY OR INSTRUMENT THAT SET FORTH A METHODOLOGY OR PROCEDURE FOR DETERMINING A BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A BENCHMARK REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH METHOD- OLOGY OR PROCEDURE. 5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT. S. 2508--B 150 6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A PRIOR SETTING OF LIBOR), TO REPLACE LIBOR OR ANY INTEREST RATE OR DIVI- DEND RATE BASED ON LIBOR, WHETHER ON A TEMPORARY, PERMANENT OR INDEFI- NITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT. 7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRUMENT, A BENCHMARK REPLACEMENT BASED ON SOFR, WHICH SHALL INCLUDE ANY RECOMMENDED SPREAD ADJUSTMENT AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT SHALL HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY WITH RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT. 8. "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY BE A POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED BENCH- MARK REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRU- MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI- TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT. 9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT TO ANY TYPE OF CONTRACT, SECURITY OR INSTRUMENT, ANY TECHNICAL, ADMINIS- TRATIVE OR OPERATIONAL CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE ASSOCIATED WITH AND REASONABLY NECESSARY TO THE USE, ADOPTION, CALCU- LATION OR IMPLEMENTATION OF A RECOMMENDED BENCHMARK REPLACEMENT AND THAT: A. HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY; AND B. IF, IN THE REASONABLE JUDGMENT OF THE CALCULATING PERSON, THE BENCHMARK REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED PURSU- ANT TO PARAGRAPH A OF THIS SUBDIVISION DO NOT APPLY TO SUCH CONTRACT, SECURITY OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION AND CALCULATION OF THE RECOMMENDED BENCHMARK REPLACEMENT, THEN BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES, ALTER- ATIONS OR MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF THE CALCU- LATING PERSON: (I) ARE NECESSARY TO PERMIT ADMINISTRATION AND CALCULATION OF THE RECOMMENDED BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT IN A MANNER CONSISTENT WITH MARKET PRACTICE FOR SUBSTANTIALLY SIMILAR CONTRACTS, SECURITIES OR INSTRUMENTS AND, TO THE EXTENT PRACTICABLE, THE MANNER IN WHICH SUCH CONTRACT, SECURITY OR INSTRUMENT WAS ADMINISTERED IMMEDIATELY PRIOR TO THE LIBOR REPLACEMENT DATE; AND (II) WOULD NOT RESULT IN A DISPOSITION OF SUCH CONTRACT, SECURITY OR INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES. 10. "DETERMINING PERSON" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY: A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO: (I) DETERMINE THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT ON THE LIBOR REPLACEMENT DATE, (II) CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER MEASUREMENT BASED ON A BENCHMARK, OR (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT. 11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD, THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM. S. 2508--B 151 12. "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED OVERNIGHT FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW YORK, AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR ADMINISTRA- TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE. 13. "CALCULATING PERSON" SHALL MEAN, WITH RESPECT TO ANY CONTRACT, SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE THE DETERMINING PERSON) RESPONSIBLE FOR CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR OTHER MEASUREMENT BASED ON A BENCHMARK. 14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA- TION, ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE, SECURITY (WHETHER REPRESENTING DEBT OR EQUITY, AND INCLUDING ANY INTEREST IN A CORPORATION, A PARTNERSHIP OR A LIMITED LIABILITY COMPANY), INSTRUMENT, OR OTHER OBLIGATION. § 18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS. 1. ON THE LIBOR REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL, BY OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI- TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND: A. CONTAINS NO FALLBACK PROVISIONS; OR B. CONTAINS FALLBACK PROVISIONS THAT RESULT IN A BENCHMARK REPLACE- MENT, OTHER THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS BASED IN ANY WAY ON ANY LIBOR VALUE. 2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL- BACK PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE FOR A BENCHMARK REPLACEMENT BASED ON OR OTHERWISE INVOLVING A POLL, SURVEY OR INQUIRIES FOR QUOTES OR INFORMATION CONCERNING INTERBANK LENDING RATES OR ANY INTEREST RATE OR DIVIDEND RATE BASED ON LIBOR SHALL BE DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR INSTRUMENT AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT. 3. THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU- MENT THAT USES LIBOR AS A BENCHMARK AND CONTAINS FALLBACK PROVISIONS THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT THAT IS: A. BASED IN ANY WAY ON ANY LIBOR VALUE; OR B. THE SUBSTANTIVE EQUIVALENT OF PARAGRAPH (A), (B) OR (C) OF SUBDIVI- SION ONE OF SECTION 18-402 OF THIS ARTICLE. A DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH- MARK REPLACEMENT. SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE- MENT SHALL BE: (I) IRREVOCABLE; (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR THE LATEST DATE FOR SELECTING A BENCHMARK REPLACEMENT ACCORDING TO SUCH CONTRACT, SECURITY, OR INSTRUMENT; AND (III) USED IN ANY DETERMINATIONS OF THE BENCHMARK UNDER OR WITH RESPECT TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER THE LIBOR REPLACEMENT DATE. 4. IF A RECOMMENDED BENCHMARK REPLACEMENT BECOMES THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI- VISION ONE OR SUBDIVISION THREE OF THIS SECTION, THEN ALL BENCHMARK REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN ACCORDANCE WITH THE DEFINITION OF BENCHMARK REPLACEMENT CONFORMING CHANGES) TO SUCH RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF SUCH CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW. 5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR: A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE- LY OR PROSPECTIVELY, A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE S. 2508--B 152 SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY REFERRING SPECIFICALLY TO THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION, "REQUISITE PARTIES" MEANS ALL PARTIES REQUIRED TO AMEND THE TERMS AND PROVISIONS OF A CONTRACT, SECURITY, OR INSTRUMENT THAT WOULD OTHERWISE BE ALTERED OR AFFECTED BY THIS ARTICLE; B. ANY CONTRACT, SECURITY OR INSTRUMENT THAT CONTAINS FALLBACK PROVISIONS THAT WOULD RESULT IN A BENCHMARK REPLACEMENT THAT IS NOT BASED ON LIBOR, INCLUDING, BUT NOT LIMITED TO, THE PRIME RATE OR THE FEDERAL FUNDS RATE, EXCEPT THAT SUCH CONTRACT, SECURITY OR INSTRUMENT SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION; C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION THREE OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A RECOMMENDED BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A RECOMMENDED BENCHMARK REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, EXCEPT THAT SUCH CONTRACT, SECURITY, OR INSTRUMENT SHALL BE SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR D. THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP, FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR HAD BEEN SUBJECT PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT. 6. NOTWITHSTANDING THE UNIFORM COMMERCIAL CODE OR ANY OTHER LAW OF THIS STATE, THIS TITLE SHALL APPLY TO ALL CONTRACTS, SECURITIES AND INSTRUMENTS, INCLUDING CONTRACTS, WITH RESPECT TO COMMERCIAL TRANS- ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY ANY OTHER LAW OF THIS STATE. § 18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS A BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE: A. A COMMERCIALLY REASONABLE REPLACEMENT FOR AND A COMMERCIALLY SUBSTANTIAL EQUIVALENT TO LIBOR; B. A REASONABLE, COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT; C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS SIMILAR OR COMPARABLE TO LIBOR; AND D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY RIGHT OR OBLIGATION RELATING TO OR BASED ON LIBOR UNDER OR IN RESPECT OF A CONTRACT, SECURI- TY OR INSTRUMENT. 2. NONE OF: A. A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT DATE, B. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS A BENCHMARK REPLACEMENT; OR C. THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL: (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A PAYMENT, OR AFFECT THE AMOUNT OR TIMING OF SUCH PAYMENT, UNDER ANY CONTRACT, SECURITY, OR INSTRUMENT; OR (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE UNDER ANY CONTRACT, SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE, INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER PROVISION IN ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO UNILATERALLY TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU- RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR INSTRUMENT; OR (D) VOIDING OR NULLIFYING ANY CONTRACT, SECURITY OR INSTRUMENT. 3. NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT OF OR S. 2508--B 153 RELATED TO THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, AND SUCH SELECTION OR USE OF THE RECOMMENDED BENCHMARK REPLACEMENT OR SUCH DETERMINATION IMPLEMENTATION OR PERFORM- ANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES SHALL NOT GIVE RISE TO ANY CLAIM OR CAUSE OF ACTION BY ANY PERSON IN LAW OR IN EQUITY. 4. THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETERMINATION, IMPLEMENTATION, OR PERFORMANCE OF BENCHMARK REPLACEMENT CONFORMING CHANGES, BY OPERATION OF SECTION 18-401 OF THIS ARTICLE, SHALL BE DEEMED TO: A. NOT BE AN AMENDMENT OR MODIFICATION OF ANY CONTRACT, SECURITY OR INSTRUMENT; AND B. NOT PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS, INTERESTS OR OBLIGATIONS UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT. 5. EXCEPT AS PROVIDED IN EITHER SUBDIVISION ONE OR SUBDIVISION THREE OF SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL NOT BE INTERPRETED AS CREATING ANY NEGATIVE INFERENCE OR NEGATIVE PRESUMPTION REGARDING THE VALIDITY OR ENFORCEABILITY OF: A. ANY BENCHMARK REPLACEMENT THAT IS NOT A RECOMMENDED REPLACEMENT BENCHMARK; B. ANY SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING A SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR C. ANY CHANGES, ALTERATIONS OR MODIFICATIONS TO OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT THAT ARE NOT BENCHMARK REPLACEMENT CONFORMING CHANGES. § 18-403. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR APPLICA- TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID- ITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE. § 2. This act shall take effect immediately. PART QQ Intentionally Omitted PART RR Intentionally Omitted PART SS Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of chapter 392 of the laws of 1973 constituting the New York State Medical Care Facilities Finance Agency act, as amended by chapter 183 of the laws of 2018, is amended to read as follows: (b) The agency shall not issue hospital and nursing home project bonds and hospital and nursing home project notes in an aggregate principal amount exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred million dollars, excluding hospital and nursing home project bonds and hospital and nursing home project notes issued to refund outstanding hospital and nursing home projects bonds and hospital and nursing home project notes; provided, however, that upon any such refunding or repayment the total S. 2508--B 154 aggregate principal amount of outstanding bonds, notes or other obli- gations may be greater than [sixteen] SEVENTEEN billion [six] FOUR hundred million dollars only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obli- gations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the agency including estimated accrued interest from the sale thereof. The agency shall not issue hospital and nursing home project bonds at any time secured by the hospital and nursing home capi- tal reserve fund if upon issuance, the amount in the hospital and nurs- ing home capital reserve fund will be less than the hospital and nursing home capital reserve fund requirement, unless the agency, at the time of issuance of such bonds, shall deposit in such reserve fund from the proceeds of the bonds so to be issued, or otherwise, an amount which together with the amount then in such reserve fund, will be not less than the hospital and nursing home capital reserve fund requirement. § 2. This act shall take effect immediately. PART TT Section 1. This act enacts into law components of legislation relating to the pandemic recovery and restart program. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. The economic development law is amended by adding a new article 24 to read as follows: ARTICLE 24 SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM SECTION 460. SHORT TITLE. 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 462. DEFINITIONS. 463. ELIGIBILITY CRITERIA. 464. APPLICATION AND APPROVAL PROCESS. 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 466. POWERS AND DUTIES OF THE COMMISSIONER. S. 2508--B 155 467. MAINTENANCE OF RECORDS. 468. REPORTING. 469. CAP ON TAX CREDIT. § 460. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT". § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO CREATE FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS- TRIES THAT HAVE SUFFERED ECONOMIC HARM AS A RESULT OF THE COVID-19 PANDEMIC TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI- NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCENTIVES TO ECONOMICALLY HARMED SMALL BUSINESSES TO OFFER RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES. § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS. 2. "ARTS, ENTERTAINMENT, AND RECREATION SECTOR" MEANS ESTABLISHMENTS THAT OPERATE FACILITIES OR PROVIDE SERVICES TO MEET VARIED CULTURAL, ENTERTAINMENT, AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS SECTOR COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING, OR PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED FOR PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND SITES OF HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND (C) ESTAB- LISHMENTS THAT OPERATE FACILITIES OR PROVIDE SERVICES THAT ENABLE PATRONS TO PARTICIPATE IN RECREATIONAL ACTIVITIES OR PURSUE AMUSEMENT, HOBBY, AND LEISURE-TIME INTERESTS. 3. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A GIVEN PERIOD. 4. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN- TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 5. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN- TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. 6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE. 7. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN ONE OF THE FOLLOWING BUSINESS SECTORS: (A) ACCOMMODATIONS; OR (B) ARTS, ENTERTAINMENT, AND RECREATION. 10. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL- TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOY- MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY. S. 2508--B 156 § 463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST: (A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER AND HAVE FEWER THAN ONE HUNDRED FULL-TIME JOB EQUIV- ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE; (B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS- SION AND/OR ACCEPTS PAYMENT FOR GOODS AND/OR SERVICES FROM IN-PERSON CUSTOMERS; (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI- VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED, HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE INDUSTRIES AS INELIGIBLE; (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER- GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT; AND (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE. 2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER- GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY- ING WITH AN APPROVED BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY. § 464. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; (E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND (F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX S. 2508--B 157 CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. § 465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI- VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE. 2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FORTY-FIVE, SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. § 466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL- ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN SECTION FOUR HUNDRED SIXTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE. § 467. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS. § 468. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED IN REGULATIONS BY THE COMMISSIONER. § 469. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS. § 2. The tax law is amended by adding a new section 45 to read as follows: § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED- IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR HUNDRED SIXTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU- LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, S. 2508--B 158 WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP- TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE: (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM; (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND (3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR- MATION LAW. (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55; (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK). § 3. Section 210-B of the tax law is amended by adding a new subdivi- sion 55 to read as follows: 55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. S. 2508--B 159 § 4. Section 606 of the tax law is amended by adding a new subsection (kkk) to read as follows: (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED- IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlvi) to read as follows: (XLVI) SMALL BUSINESS AMOUNT OF CREDIT UNDER RETURN-TO-WORK TAX SUBDIVISION FIFTY-FIVE CREDIT UNDER SUBSECTION (KKK) OF SECTION TWO HUNDRED TEN-B § 6. This act shall take effect immediately. SUBPART B Section 1. The economic development law is amended by adding a new article 25 to read as follows: ARTICLE 25 RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM SECTION 470. SHORT TITLE. 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. 472. DEFINITIONS. 473. ELIGIBILITY CRITERIA. 474. APPLICATION AND APPROVAL PROCESS. 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 476. POWERS AND DUTIES OF THE COMMISSIONER. 477. MAINTENANCE OF RECORDS. 478. REPORTING. 479. CAP ON TAX CREDIT. § 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT". § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY FOUND AND DECLARED THAT NEW YORK STATE NEEDS, AS A MATTER OF PUBLIC POLICY, TO CREATE FINANCIAL INCENTIVES FOR RESTAURANTS THAT HAVE SUFFERED ECONOMIC HARM AS A RESULT OF THE COVID-19 PANDEMIC TO EXPE- DITIOUSLY REHIRE WORKERS AND INCREASE TOTAL EMPLOYMENT. THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN- TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES. § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY DURING A GIVEN PERIOD. 2. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN- TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. S. 2508--B 160 3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE AVERAGE NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO THOUSAND TWEN- TY-ONE, AND EITHER AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, OR DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI- NESS ENTITY CHOOSES TO USE. 4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS ENTITY BY THE DEPARTMENT AFTER THE DEPARTMENT HAS VERIFIED THAT THE BUSINESS ENTITY HAS MET ALL APPLICABLE ELIGIBILITY CRITERIA IN THIS ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED- IT UNDER THIS ARTICLE THAT A BUSINESS ENTITY MAY CLAIM, PURSUANT TO SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE. 5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM- IC DEVELOPMENT. 6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT. 7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR. 8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOYMENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY. 9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS: (A) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED INSIDE THE CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR DINING FOR OVER SIX MONTHS AND ARE PRIMARILY ORGANIZED TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMPTION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER DEFINED IN REGU- LATIONS PURSUANT TO THIS ARTICLE; AND (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED BY THE DEPARTMENT OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON INDOOR DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP- TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE. § 473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS ENTITY MUST: (A) BE A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THIS CHAPTER AND HAVE FEWER THAN ONE HUNDRED FULL-TIME JOB EQUIV- ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE; (B) OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR BEVERAGES INCLUDING FROM IN-PERSON CUSTOMERS; (C) OPERATE PREDOMINANTLY IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR; PROVIDED, HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE; (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE COVID-19 EMER- GENCY AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF TWO THOUSAND NINETEEN AND THE SECOND QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND TWENTY FOR ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT; AND S. 2508--B 161 (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE. 2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC HEALTH OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE COMMISSIONER. IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY- ING WITH AN APPROVED BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE TAXING AUTHORITY. § 474. APPLICATION AND APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER. 2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION, EACH BUSINESS ENTITY MUST: (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS- SIONER OF THEIR BUSINESS ELIGIBILITY; (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND EMPLOYER INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW; (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; (E) CERTIFY, UNDER PENALTY OF PERJURY, THAT IT IS IN SUBSTANTIAL COMPLIANCE WITH ALL EMERGENCY ORDERS OR PUBLIC HEALTH REGULATIONS CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND (F) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT RELEVANT TO THIS ARTICLE. 3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND DETERMINING THAT THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO THAT BUSINESS ENTITY A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX CREDIT IN THE TAXABLE YEAR THAT INCLUDES DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. § 475. RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS THE ELIGI- BILITY REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTI- CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDIVI- SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE. 2. A BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM. 3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTIONS FORTY-SIX, SUBDIVISION FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (LLL) OF SECTION SIX HUNDRED SIX OF THE TAX LAW. § 476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL- ITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS. S. 2508--B 162 2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION AND FINANCE. 3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI- NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR FOR FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE. § 477. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN THE PROGRAM SHALL KEEP ALL RELEVANT RECORDS FOR THEIR DURATION OF PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS. § 478. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED IN REGULATIONS BY THE COMMISSIONER. § 479. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS. § 2. The tax law is amended by adding a new section 46 to read as follows: § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP- TER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU- LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER. (B) ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL- ITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT HAS RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY- ER SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT. (2) TAXPAYERS WHO CHOOSE TO USE AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING FULL-TIME EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER THIS SECTION. A TAXPAYER MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF- ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC S. 2508--B 163 DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO A PARTNERSHIP, LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST BE SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR THOSE TAXPAYERS WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT, THE COMMISSIONER SHALL ADVANCE A PAYMENT OF THE TAX CREDIT ALLOWED TO THE TAXPAYER. HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO ARTICLE NINE-A OF THIS CHAPTER, SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO THE TAXPAYER LESS TWENTY-FIVE DOLLARS. SUCH TWENTY-FIVE DOLLARS SHALL REPRESENT A PARTIAL PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS CHAPTER. WHEN A TAXPAYER FILES ITS RETURN FOR THE TAXABLE YEAR, SUCH TAXPAYER SHALL PROPERLY RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN. (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP- TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART- MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE: (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT RETURN-TO- WORK TAX CREDIT PROGRAM; (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT OR THAT ARE CLAIMING THE CREDIT; AND (3) INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR ADMISSION INTO THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL NOT BE SUBJECT TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR- MATION LAW. (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. (F) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56; (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL). § 3. Section 210-B of the tax law is amended by adding a new subdivi- sion 56 to read as follows: 56. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED- S. 2508--B 164 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU- SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON. § 4. Section 606 of the tax law is amended by adding a new subsection (lll) to read as follows: (LLL) RESTAURANT RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI- CLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE PAID THEREON. § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlvii) to read as follows: (XLVII) RESTAURANT RETURN-TO-WORK AMOUNT OF CREDIT UNDER TAX CREDIT UNDER SUBDIVISION FIFTY-SIX OF SUBSECTION (LLL) SECTION TWO HUNDRED TEN-B § 6. This act shall take effect immediately. SUBPART C Section 1. The tax law is amended by adding a new section 24-c to read as follows: § 24-C. NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A) ALLOWANCE OF CREDIT. (1) A TAXPAYER THAT IS A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR OF OR A MEMBER OF A PARTNERSHIP THAT IS A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE PROVISIONS REFERRED TO IN SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN THIS SECTION. (2) THE AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION EXPENDITURES. PROVIDED HOWEVER THAT THE AMOUNT OF THE CREDIT CANNOT EXCEED FIVE MILLION DOLLARS PER QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION. (3) NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS THE BASIS FOR THE ALLOWANCE OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION OR USED IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM ANY OTHER CREDIT ALLOWED PURSUANT TO THIS CHAPTER. (4) NO QUALIFIED PRODUCTION EXPENDITURE REIMBURSED THROUGH A FEDERAL GRANT UNDER SECTION THREE HUNDRED TWENTY-FOUR OF THE FEDERAL CONSOL- IDATED APPROPRIATIONS ACT OF TWO THOUSAND TWENTY-ONE, REFERRED TO AS SAVE OUR STAGES, SHALL BE USED AS THE BASIS FOR THE ALLOWANCE OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION OR USED IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO THIS SECTION. (B) DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: S. 2508--B 165 (1) "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION" MEANS A FOR-PROFIT LIVE, DRAMATIC STAGE PRESENTATION THAT, IN ITS ORIGINAL OR ADAPTIVE VERSION, IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, WHETHER OR NOT SUCH PRODUCTION WAS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND TWENTY. (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY COSTS FOR TANGIBLE PROPERTY USED AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE PRODUCTION OF A QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION, INCLUDING: (I) EXPENDITURES FOR DESIGN, CONSTRUCTION AND OPERATION, INCLUDING SETS, SPECIAL AND VISUAL EFFECTS, COSTUMES, WARDROBES, MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT- ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED; (III) TECHNICAL AND CREW PRODUCTION COSTS, SUCH AS EXPENDITURES FOR A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, OR ANY PART THEREOF, PHYSICAL PRODUCTION STOR- AGE SPACES, REHEARSAL SPACES, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIP- MENT USED FOR SPECIAL AND VISUAL EFFECTS, SOUND RECORDING, SET CONSTRUCTION, AND LIGHTING; (IV) COSTS DIRECTLY ATTRIBUTABLE TO ADVER- TISING, MARKETING AND PUBLICITY; (V) EXPENDITURES INCURRED ON OR BEFORE THE END OF THE TWELFTH WEEK OF PUBLIC PERFORMANCES OCCURRING AFTER JANU- ARY, TWO THOUSAND TWENTY-ONE; (VI) EXPENSES IN CONNECTION WITH HYGIENE AND SAFETY MEASURES RELATED TO COVID-19 PREVENTION; AND (VII) ALL EXPENDITURES PURSUANT TO THIS PARAGRAPH THAT WERE INCURRED AFTER FEBRU- ARY, TWO THOUSAND TWENTY IN CONNECTION WITH A CLOSING, ONGOING SUSPEN- SION, REMOUNTING, AND PUBLIC PERFORMANCES OF A PRODUCTION THAT CLOSED IN MARCH, TWO THOUSAND TWENTY DUE TO COVID-19 AND WHICH REOPENS AFTER JANU- ARY, TWO THOUSAND TWENTY-ONE. (3) "QUALIFIED NEW YORK CITY PRODUCTION FACILITY" MEANS A FACILITY LOCATED WITHIN THE CITY OF NEW YORK (I) IN WHICH LIVE THEATRICAL PRODUCTIONS ARE OR ARE INTENDED TO BE PRIMARILY PRESENTED, (II) THAT CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR MORE SEATS, AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES NECESSARY FOR THE QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION, AND (III) FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES CONSTITUTE SEVENTY-FIVE PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILI- TY. (4) "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPA- NY" IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER ENTITY OR INDIVIDUAL WHICH IS OR WHO IS PRINCIPALLY ENGAGED IN THE PRODUCTION OF A QUALIFIED NEW YORK CITY MUSICAL OR THEATRICAL PRODUCTION THAT IS TO BE PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY. (C) CROSS-REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED FOR IN THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER: (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57; (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM). (D) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, (I) EMPLOYEES AND OFFICERS OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE INFORMATION REGARDING THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS SECTION AND TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO ARE CLAIMING CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM FORMS SUBMITTED TO THE DEPARTMENT AND APPLICATIONS FOR CERTIFICATION SUBMITTED TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND (II) THE COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP- MENT MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK CITY S. 2508--B 166 MUSICAL AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY. (E) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED UNDER THIS SECTION, SUBDIVISION FIFTY-SEVEN OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (MMM) OF SECTION SIX HUNDRED SIX OF THIS CHAPTER IN ANY CALENDAR YEAR SHALL BE FIFTY MILLION DOLLARS. SUCH AGGRE- GATE AMOUNT OF CREDITS SHALL BE ALLOCATED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON THE DATE OF FILING AN APPLICATION FOR ALLOCATION OF THE NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT WITH SUCH DEPARTMENT. IF THE TOTAL AMOUNT OF ALLOCATED CREDITS APPLIED FOR IN ANY PARTICULAR CALENDAR YEAR EXCEEDS THE AGGREGATE AMOUNT OF TAX CREDITS ALLOWED FOR SUCH YEAR UNDER THIS SECTION, SUCH EXCESS SHALL BE TREATED AS HAVING BEEN APPLIED FOR ON THE FIRST DAY OF THE SUBSEQUENT CALENDAR YEAR. (2) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AFTER CONSULTING WITH THE COMMISSIONER, SHALL PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR THE ALLOCATION OF TAX CREDITS AS REQUIRED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING THE APPLICA- TION PROCESS, THE DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS THAT WILL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION THAT WILL BE PROVIDED BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT THE AMOUNT OF QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRIATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS. (F) ADDITIONS TO THE MAXIMUM AMOUNT OF CREDITS. IF APPLICATIONS FOR THE NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT DO NOT EXCEED THE AGGREGATE AMOUNT OF CREDITS ALLOWED IN A GIVEN CALENDAR YEAR, SUCH REMAINING AMOUNTS SHALL BE ADDED TO THE AMOUNT OF CREDITS ALLOWED IN PARAGRAPH ONE OF SUBDIVISION (E) OF THIS SECTION FOR THE IMMEDIATELY FOLLOWING CALENDAR YEAR. (G) ANY QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPANY THAT PERFORMS IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO: (1) PARTICIPATE IN A NEW YORK STATE DIVERSITY AND ARTS JOB TRAINING PROGRAM, WHICH MAY INCLUDE THE BROADWAY LEAGUE'S DIVERSITY AND INCLUSION FELLOWSHIP PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR PRODUCTION IS AVAILABLE AND ACCESSIBLE FOR LOW OR NO-COST TO LOW INCOME NEW YORKERS; AND (3) CONTRIBUTE TO THE NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL CREDITS RECEIVED IF SUCH PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED PERCENT OF ITS PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A MONTHLY BASIS, UP UNTIL SUCH FIFTY PERCENT OF THE TOTAL CREDIT AMOUNT IS REACHED. ANY FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS AND CULTURAL EDUCATIONAL AND WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND COMMUNITY-BASED ORGANIZATIONS. § 2. Section 210-B of the tax law is amended by adding a new subdivi- sion 57 to read as follows: 57. NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST THE TAXES IMPOSED BY THIS ARTICLE. (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS S. 2508--B 167 THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED- IT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON. § 3. Section 606 of the tax law is amended by adding a new subsection (mmm) to read as follows: (MMM) NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTICLE. (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT- ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is amended by adding a new clause (xlviii) to read as follows: (XLVIII) NEW YORK CITY MUSICAL AMOUNT OF CREDIT UNDER AND THEATRICAL PRODUCTION SUBDIVISION FIFTY-SEVEN OF TAX CREDIT UNDER SUBSECTION (MMM) SECTION TWO HUNDRED TEN-B § 5. The state finance law is amended by adding a new section 99-ii to read as follows: § 99-II. NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND". 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE STATE, PURSUANT TO THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. ON OR BEFORE THE FIRST DAY OF FEBRUARY TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER OF EDUCATION SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE: (A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (B) RECIPIENTS OF AWARDS FROM THE FUND; (C) THE AMOUNT AWARDED TO EACH; (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI- MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED- S. 2508--B 168 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR. 4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCATION. 5. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE PURPOSE OF SUPPLEMENTING ART AND CULTURAL PROGRAMS FOR SECONDARY AND ELEMENTARY CHILDREN, INCLUDING PROGRAMS THAT INCREASE ACCESS TO ART AND CULTURAL PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES. § 6. This act shall take effect immediately and shall apply to taxable years beginning on or after January 1, 2021, provided, however, that this act shall expire and be deemed repealed 8 years after such effec- tive date. § 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 Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART UU Intentionally Omitted PART VV Intentionally Omitted PART WW Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the department of agriculture and markets from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of agriculture and markets' participation in general ratemaking proceedings pursuant to section 65 of the public service law or certif- ication proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the commissioner of the department of agriculture and markets shall submit an accounting of such expenses, including, but not limited to, expenses in the 2021-2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. S. 2508--B 169 § 2. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the department of state from the special revenue funds- other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the activities of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law, including, but not limited to participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, and expenses related to the activities of the major renewable energy development program established by section 94-c of the executive law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the secretary of state shall submit an accounting of such expenses, including, but not limited to, expenses in the 2021-2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commis- sion for the chair's review pursuant to the provisions of section 18-a of the public service law. § 3. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the office of parks, recreation and historic preservation from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the office of parks, recreation and historic preservation's participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the commissioner of the office of parks, recreation and historic preservation shall submit an accounting of such expenses, including, but not limited to, expenses in the 2021-2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 4. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the department of environmental conservation from the special revenue funds-other/state operations, environmental conservation special revenue fund-301, utility environmental regulation account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of environmental conservation's participation in state energy policy proceedings, or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the commissioner of the department of environmental conservation shall submit an account- ing of such expenses, including, but not limited to, expenses in the 2021-2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 5. Notwithstanding any other law, rule or regulation to the contra- ry, expenses of the department of health public service education S. 2508--B 170 program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. No later than August 15, 2022, the commissioner of the department of health shall submit an accounting of expenses in the 2021-2022 state fiscal year to the chair of the public service commission for the chair's review pursuant to the provisions of section 217 of the public service law. § 6. Any expense deemed to be expenses of the department of public service pursuant to sections one through four of this act shall not be recovered through assessments imposed upon telephone corporations as defined in subdivision 17 of section 2 of the public service law. § 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021 and shall expire and be deemed repealed April 1, 2022. PART XX Section 1. The opening paragraph of subdivision 5-a of section 340-b of the highway law, as amended by chapter 30 of the laws of 1987, is amended to read as follows: The commissioner of transportation and the city of New York, acting through the mayor or other administrative head thereof, pursuant to a resolution of the governing body of such city, are authorized to enter into a written agreement for the maintenance and repair, under the supervision and subject to the approval of the commissioner of transpor- tation, of any state interstate highway or portion thereof, exclusive of service roads and pavement on intersecting street bridges, which is within the boundaries of such city and which is now or which shall here- after be designated in section three hundred forty-a of this [chapter] ARTICLE and which has been constructed or which shall have been constructed as authorized by section three hundred forty-a of this [chapter] ARTICLE. Such agreement may provide that the state shall pay annually to such city a sum to be computed at the rate of (a) not more than [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN cents per square yard of the pavement area that is included in the state highway system according to the provisions of this section, and (b) an additional [ten] TWENTY cents per square yard of such pavement area where such pavement area is located on any elevated bridge, SUCH RATE SHALL BE INCREASED IN EACH YEAR OF THE AGREEMENT BY THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS. § 2. The opening paragraph of subdivision 7 of section 349-c of the highway law, as amended by chapter 30 of the laws of 1987, is amended to read as follows: The commissioner of transportation and any city named in this article, acting through the mayor or other administrative head thereof, pursuant to a resolution of the governing body of such city except the city of New York, are authorized to enter into a written agreement for the main- tenance and repair, under the supervision and subject to the approval of the commissioner, of any public street, main route or thoroughfare or portion thereof, exclusive of service roads and pavement on intersecting street bridges, which is within the boundaries of such city and which is now or which shall hereafter be designated in this article and which has been constructed or which shall have been constructed as authorized by [articles] THIS ARTICLE AND ARTICLE four [and twelve-B] of this chapter S. 2508--B 171 and with grants made available by the federal government pursuant to the federal aid highway act of nineteen hundred forty-four, being public law five hundred twenty-one of the seventy-eighth congress, chapter six hundred twenty-six, second session, as approved on the twentieth day of December, nineteen hundred forty-four. Such agreement may provide that the state shall pay annually to such city a sum to be computed at the rate of (a) not more than [eighty-five] ONE DOLLAR AND EIGHTY-SEVEN cents per square yard of the pavement area that is included in the state highway system according to the provisions of this section, and (b) an additional [ten] TWENTY cents per square yard of such pavement area where such pavement area is located on any elevated bridge, SUCH RATE SHALL BE INCREASED IN EACH YEAR OF THE AGREEMENT BY THE PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS, OVER THE PRIOR FIVE YEARS. § 3. This act shall take effect on the first of April next succeeding the date on which it shall have become a law. PART YY Section 1. Short title. This act shall be known and may be cited as the "housing our neighbors with dignity act". § 2. The private housing finance law is amended by adding a new arti- cle 31 to read as follows: ARTICLE XXXI HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM SECTION 1280. LEGISLATIVE FINDINGS AND PURPOSE. 1281. DEFINITIONS. 1282. HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM. § 1280. LEGISLATIVE FINDINGS AND PURPOSE. THE STATE OF NEW YORK, THROUGH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IS EMPOWERED TO PURCHASE AND CONVERT DISTRESSED HOTELS AND COMMERCIAL PROPERTIES, IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, FOR USE AS AFFORDABLE PERMANENT HOUSING THAT MEETS STANDARDS ESTABLISHED TO ENSURE SAFETY, HABITABILITY, QUALITY, AND ACCESS TO SUPPORTIVE SERVICES AS APPROPRIATE, TO BE MADE AVAILABLE TO LOW-INCOME HOUSEHOLDS AND PEOPLE EXPERIENCING HOMELESSNESS IMMEDIATELY PRIOR TO ENTERING SUCH HOUSING. THESE PROPER- TIES WILL BE MANAGED BY APPROPRIATE NONPROFIT ORGANIZATIONS, EITHER THROUGH TRANSFER OF OWNERSHIP OR LONG-TERM NET LEASE BY THE NEW YORK GOVERNMENTAL ENTITY THAT ACQUIRED THE PROPERTY. THE ACQUIRED PROPERTIES MAY BE CONVERTED INTO HOUSING MODELS AS DEEMED NECESSARY BY THE STATE OR APPROPRIATE NONPROFIT AUTHORITY FOR THE PURPOSES OF CREATING SUPPORTIVE AND/OR AFFORDABLE HOUSING UNITS; PROVIDED THAT THE HOUSING REMAINS AFFORDABLE AS DEFINED BY THE TERM AFFORDABLE HOUSING INCLUDED IN THIS ARTICLE. § 1281. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "APPROPRIATE NONPROFIT ORGANIZATION" SHALL MEAN A NONPROFIT ORGAN- IZATION THAT: (A) HAS ONE OF SUCH ORGANIZATION'S PRIMARY PURPOSES: (I) THE PROVISION OF HOUSING THAT IS AFFORDABLE TO LOW-INCOME FAMI- LIES; OR (II) THE PROVISION OF SERVICES OR HOUSING FOR INDIVIDUALS OR FAMILIES EXPERIENCING HOMELESSNESS; OR S. 2508--B 172 (B) IS OTHERWISE CONSIDERED BY THE STATE AS A SUITABLE HOUSING MANAGE- MENT ORGANIZATION. 2. "AFFORDABLE HOUSING" SHALL MEAN HOUSING THAT IS AFFORDABLE TO A LOW-INCOME HOUSEHOLD WITH INCOME AT OR BELOW FIFTY PERCENT OF THE AREA MEDIAN INCOME FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED AS CALCU- LATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 3. "DISTRESSED" SHALL MEAN AN ASSET THAT IS: (A) LISTED FOR SALE; AND (B) IN A FINANCIALLY DISTRESSING CONDITION, AS DETERMINED BY THE STATE. 4. "EXPERIENCING HOMELESSNESS" SHALL REFER TO THOSE INDIVIDUALS RESID- ING IN SHELTERS, TRANSITIONAL HOUSING, AND OTHER TYPES OF EMERGENCY HOUSING. 5. "RENT STABILIZED" SHALL MEAN COLLECTIVELY, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU- SAND TWENTY-ONE THAT ADDED THIS SUBDIVISION OR AS AMENDED THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN- TIALLY THE SAME SUBJECT MATTER. § 1282. HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM. 1. ESTABLISHMENT. THE COMMISSIONER, IN CONJUNCTION WITH THE DIVISION OF HOUSING AND COMMU- NITY RENEWAL, SHALL DEVELOP A HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM (HEREINAFTER REFERRED TO AS "THE PROGRAM"), WHICH SHALL PROVIDE A MECH- ANISM FOR THE STATE TO PURCHASE, ACQUIRE AND HOLD DISTRESSED COMMERCIAL REAL ESTATE AND OTHER COMMERCIAL PROPERTIES FOR THE PURPOSE OF MAINTAIN- ING OR INCREASING AFFORDABLE HOUSING IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. SUCH PROGRAM SHALL ACTIVELY ACQUIRE SUCH PROPERTIES FOR TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT ALL AFFORDABLE HOUSING PROPERTIES PRODUCED THROUGH THIS PROGRAM SHALL REMAIN PERMANENTLY AFFORDABLE, PURSUANT TO THIS ARTICLE. 2. PURPOSE. THE PURPOSE OF THE HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM SHALL BE TO: (A) ACQUIRE DISTRESSED COMMERCIAL REAL ESTATE PROPERTY FOR THE PURPOSE OF STABILIZING COMMUNITIES AND THE HOUSING MARKET; (B) CONVERT AND REHABILITATE THE PHYSICAL CONDITION OF ACQUIRED PROP- ERTY IN ORDER TO ENHANCE THE VALUE AND CONDITION OF SUCH PROPERTY FOR FUTURE OCCUPANTS, FOR THE ENVIRONMENTAL SUSTAINABILITY OF SUCH PROPERTY, AND FOR THE ECONOMIC AND SOCIAL CONDITIONS OF THE SURROUNDING COMMUNITY; (C) SELL OR OTHERWISE TRANSFER ACQUIRED PROPERTY TO ENTITIES THAT WILL USE SUCH PROPERTY TO GUARANTEE AFFORDABLE, HABITABLE AND ENVIRONMENTALLY SUSTAINABLE HOUSING TO ASSET-LIMITED, LOW-INCOME INDIVIDUALS AND FAMI- LIES; (D) FINANCE THE TRANSFER OF ACQUIRED PROPERTY TO SUCH ENTITIES; AND (E) PROVIDE AN APPROPRIATE AND EXPEDIENT MANNER FOR OWNERS OF DISTRESSED PROPERTIES TO TRANSFER OWNERSHIP OR LONG-TERM NET LEASE. 3. POWERS. (A) THE STATE MAY PURCHASE, ACQUIRE, AND HOLD DISTRESSED HOTEL REAL ESTATE ASSETS, AND MAY TAKE SUCH ACTIONS AS MAY BE NECESSARY TO IDENTIFY SUCH DISTRESSED REAL ESTATE AND OTHER COMMERCIAL PROPERTIES, AND ACQUIRE SUCH PROPERTIES, FOR THE PURPOSE OF MAINTAINING OR INCREAS- ING THE STOCK OF AFFORDABLE, STABLE, QUALITY HOUSING IN CITIES WITH A POPULATION OF ONE MILLION OR MORE. (B) HOTEL REAL ESTATE ASSETS SHALL ONLY INCLUDE HOTELS WITH FEWER THAN ONE HUNDRED FIFTY UNITS, AND THOSE THAT ARE LOCATED IN ANY BOROUGH OUTSIDE OF MANHATTAN, OR WITHIN MANHATTAN EXCLUDING THE FOLLOWING AREA IN THE BOROUGH OF MANHATTAN: BEGINNING AT THE INTERSECTION OF THE UNITED S. 2508--B 173 STATES PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS STREET, EXTENDED, THENCE EASTERLY TO THE CENTER LINE OF CHAMBERS STREET AND CONTINUING ALONG THE CENTER LINE OF CHAMBERS STREET TO THE CENTER LINE OF CENTRE STREET, THENCE SOUTHERLY ALONG THE CENTER LINE OF CENTRE STREET TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF THE BROOKLYN BRIDGE AND THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER, THENCE NORTHERLY ALONG THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE EAST RIVER AND THE CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED, THENCE WESTERLY TO THE CENTER LINE OF ONE HUNDRED TENTH STREET AND CONTINUING ALONG THE CENTER LINE OF ONE HUNDRED TENTH STREET TO ITS WESTERLY TERMINUS, THENCE WESTERLY TO THE INTERSECTION OF THE CENTER LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER- HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING. 4. CONVERTED PROPERTIES. ALL PROPERTIES CONVERTED TO AFFORDABLE HOUS- ING PURSUANT TO THIS SECTION SHALL MEET THE MINIMUM STANDARDS OF HABITA- BILITY, SAFETY AND QUALITY OF LIFE FOR ALL ESTABLISHED HOUSING. TENANTS SHALL PAY NO MORE THAN THIRTY PERCENT OF THEIR INCOME TOWARD RENT. ADDI- TIONAL OPERATING EXPENSES SHALL BE MET THROUGH ANY COMBINATION OF SUBSI- DIES, VOUCHERS, COMMERCIAL RENTS, OR OTHER SOURCES OF INCOME AVAILABLE TO THE HOUSING PROVIDER UNDER THE MODEL THE NON-PROFIT CHOOSES TO PURSUE. ALL UNITS SHALL BE RENT STABILIZED AS DEFINED IN THIS ARTICLE. AT LEAST FIFTY PERCENT OF ALL CONVERTED PROPERTIES SHALL BE SET ASIDE FOR INDIVIDUALS AND FAMILIES WHO WERE EXPERIENCING HOMELESSNESS IMME- DIATELY PRIOR TO ENTERING SUCH CONVERTED AFFORDABLE HOUSING. 5. RESTRICTIONS. THE STATE SHALL NOT, IN ANY CASE, SELL OR TRANSFER PROPERTY UNLESS THE STATE HAS: (A) TAKEN ALL ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WITH APPLICABLE BUILDING, SAFETY, HEALTH AND HABITABILITY CODES AND REQUIREMENTS; OR (B) ENTERED INTO SUCH AGREEMENTS WITH THE PURCHASER OR TRANSFEREE TO ENSURE THAT ANY ACTIONS NECESSARY TO BRING THE PROPERTY INTO COMPLIANCE WITH APPLICABLE BUILDING, SAFETY, HEALTH AND HABITABILITY CODES AND REQUIREMENTS WILL BE TAKEN BEFORE SUCH PROPERTY IS OCCUPIED. 6. TENANT PROTECTIONS. TENANTS RESIDING IN PROPERTIES CONVERTED TO AFFORDABLE HOUSING PURSUANT TO THIS SECTION SHALL HAVE FULL TENANCY RIGHTS, INCLUDING ALL THE TENANT PROTECTIONS PURSUANT TO RENT STABILIZA- TION AS DEFINED IN THIS ARTICLE. TENANCY IN SUCH AFFORDABLE HOUSING SHALL NOT BE RESTRICTED ON THE BASIS OF SEXUAL IDENTITY OR ORIENTATION, GENDER IDENTITY OR EXPRESSION, CONVICTION OR ARREST RECORD, CREDIT HISTORY, OR IMMIGRATION STATUS. § 3. The state finance law is amended by adding a new section 99-ii to read as follows: § 99-II. DISTRESSED PROPERTY CONVERSION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "DISTRESSED PROPERTY CONVERSION FUND". 2. THE DISTRESSED PROPERTY CONVERSION FUND SHALL CONSIST OF MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR THE PURPOSES OF THE FUND, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE. MONEYS OF SUCH FUND SHALL BE EXPENDED ONLY TO CARRY OUT THE PROVISIONS OF THE HOUSING OUR NEIGHBORS WITH DIGNITY PROGRAM PURSUANT TO ARTICLE THIRTY-ONE OF THE PRIVATE HOUSING FINANCE LAW. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM SOLICITING AND S. 2508--B 174 RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF SUCH FUND AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMP- TROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE, OR IN OBLI- GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED STATES OR BY THE STATE. ANY INCOME EARNED BY THE INVESTMENT OF SUCH MONEYS SHALL BE ADDED TO AND BECOME A PART OF AND SHALL BE USED FOR THE PURPOSES OF SUCH FUND. § 4. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART ZZ Section 1. Section 2878-a of the public authorities law is amended by adding a new subdivision 3 to read as follows: 3. A TRANSPORTATION AUTHORITY ESTABLISHED UNDER THIS CHAPTER MAY, BY RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE, OR BY A DECLARATION THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO- PRIATE WITH RESPECT TO ELECTRIC-POWERED OMNIBUSES, ROLLING STOCK, VEHI- CLES OR OTHER RELATED EQUIPMENT BECAUSE THE ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A) ANOTHER PUBLIC AUTHORITY PROVIDED THAT SUCH OTHER AUTHORITY UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE AUTHORITY DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF THE AUTHORITY'S ORDER. IN EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL OR INAPPROPRIATE, IT SHALL STATE THE REASON THEREFOR IN WRITING AND SUMMA- RIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. THE AUTHORITY SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPROPRIATE. ALL PROCUREMENTS APPROVED PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE DEPART- MENT OF AUDIT AND CONTROL OR ANY SUCCESSOR AGENCIES. FOR PURPOSES OF THIS SUBDIVISION, "TRANSPORTATION AUTHORITY" SHALL NOT INCLUDE TRANSPOR- TATION AUTHORITIES GOVERNED UNDER TITLES NINE, NINE-A, AND ELEVEN OF ARTICLE FIVE OF THIS CHAPTER OR TITLE THREE OF ARTICLE THREE OF THIS CHAPTER. § 2. Section 104 of the general municipal law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF EXECU- TIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC- TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE S. 2508--B 175 ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A) A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI- TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI- SION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLITICAL SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO- PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER TITLES NINE, NINE-A, AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORI- TIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. § 3. Section 104 of the general municipal law, as amended by section 27 of part L of chapter 55 of the laws of 2012, is amended to read as follows: § 104. Purchase through office of general services. 1. Notwithstanding the provisions of section one hundred three of this article or of any other general, special or local law, any officer, board or agency of a political subdivision, of a district therein, of a fire company or of a voluntary ambulance service is authorized to make purchases of commod- ities and services available pursuant to section one hundred sixty-three of the state finance law, may make such purchases through the office of general services subject to such rules as may be established from time to time pursuant to section one hundred sixty-three of the state finance law or through the general services administration pursuant to section 1555 of the federal acquisition streamlining act of 1994, P.L. 103-355; provided that any such purchase shall exceed five hundred dollars and that the political subdivision, district, fire company or voluntary ambulance service for which such officer, board or agency acts shall accept sole responsibility for any payment due the vendor. All purchases shall be subject to audit and inspection by the political subdivision, district, fire company or voluntary ambulance service for which made. No officer, board or agency of a political subdivision, or a district ther- ein, of a fire company or of a voluntary ambulance service shall make any purchase through such office when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through such office. Two or more fire companies or voluntary ambulance services may join in making purchases pursuant to this section, and for the purposes of this section such groups shall be deemed "fire companies or voluntary ambulance services." 2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS ARTICLE OR OF ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, ANY CHIEF EXECU- TIVE OFFICER OF A POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION SYSTEM IS AUTHORIZED TO MAKE PURCHASES OF ELEC- TRIC-POWERED OMNIBUSES OR OTHER RELATED EQUIPMENT UPON A RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS BOARD THEN IN OFFICE BECAUSE THE ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A VENDOR AND (A) A PUBLIC AUTHORITY OF THE STATE PROVIDED THAT SUCH OTHER AUTHORITY UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF COMPETITIVE S. 2508--B 176 REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS, OR (B) THE STATE OF NEW YORK, OR (C) A POLITICAL SUBDIVISION OF THE STATE OF NEW YORK, PROVIDED THAT IN ANY CASE WHEN UNDER THIS SUBDIVISION THE POLITICAL SUBDIVISION DETERMINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE POLI- TICAL SUBDIVISION SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVI- SION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE POLITICAL SUBDIVISION DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO- PRIATE. ALL PURCHASES SHALL BE SUBJECT TO AUDIT AND INSPECTION BY THE POLITICAL SUBDIVISION FOR WHICH MADE, IN ADDITION TO THE DEPARTMENT OF AUDIT AND CONTROL OF NEW YORK STATE. FOR PURPOSES OF THIS SUBDIVISION, "POLITICAL SUBDIVISION OR AGENCY WHICH OPERATES A PUBLIC TRANSPORTATION SYSTEM" SHALL NOT INCLUDE TRANSPORTATION AUTHORITIES GOVERNED UNDER TITLES NINE, NINE-A, AND ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORI- TIES LAW OR TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES LAW. § 4. This act shall take effect immediately, provided, however, that the amendments to section 104 of the general municipal law made by section two of this act shall be subject to the expiration and reversion of such section pursuant to section 9 of subpart A of part C of chapter 97 of the laws of 2011, as amended, when upon such date the provisions of section three of this act shall take effect. PART AAA Section 1. The clean water, green jobs, green New York bond act is enacted to read as follows: ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK" Section 1. Short title. 2. Creation of state debt. 3. Bonds of the state. 4. Use of moneys received. § 1. Short title. This act shall be known and may be cited as the "environmental bond act of 2021 clean water, green jobs, green New York". § 2. Creation of state debt. The creation of state debt in an amount not exceeding in the aggregate three billion dollars ($3,000,000,000) is hereby authorized to provide moneys for the single purpose of making environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change by funding capital projects for: restoration and flood risk reduction not less than one billion dollars ($1,000,000,000); open space land conser- vation and recreation up to five hundred fifty million dollars ($550,000,000); climate change mitigation up to seven hundred million dollars ($700,000,000); and, water quality improvement and resilient infrastructure not less than five hundred fifty million dollars ($550,000,000). § 3. Bonds of the state. The state comptroller is hereby authorized and empowered to issue and sell bonds of the state up to the aggregate amount of three billion dollars ($3,000,000,000) for the purposes of this act, subject to the provisions of article 5 of the state finance law. The aggregate principal amount of such bonds shall not exceed three billion dollars ($3,000,000,000) excluding bonds issued to refund or otherwise repay bonds heretofore issued for such purpose; provided, however, that upon any such refunding or repayment, the total aggregate principal amount of outstanding bonds may be greater than three billion S. 2508--B 177 dollars ($3,000,000,000) only if the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. The method for calculating present value shall be determined by law. § 4. Use of moneys received. The moneys received by the state from the sale of bonds sold pursuant to this act shall be expended pursuant to appropriations for capital projects related to design, planning, site acquisition, demolition, construction, reconstruction, and rehabili- tation projects specified in section two of this act. § 2. This act shall take effect immediately, provided that the provisions of section one of this act shall not take effect unless and until this act shall have been submitted to the people at the general election to be held in November 2021 and shall have been approved by a majority of all votes cast for and against it at such election. Upon approval by the people, section one of this act shall take effect imme- diately. The ballots to be furnished for the use of voters upon submission of this act shall be in the form prescribed by the election law and the proposition or question to be submitted shall be printed thereon in the following form, namely "To address and combat the impact of climate change and damage to the environment, the Environmental Bond Act of 2021 "Clean Water, Green Jobs, Green New York" authorizes the sale of state bonds up to three billion dollars to fund environmental protection, natural restoration, resiliency, and clean energy projects. Shall the Environmental Bond Act of 2021 be approved?". PART BBB Section 1. The environmental conservation law is amended by adding a new article 58 to read as follows: ARTICLE 58 IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK" TITLE 1. GENERAL PROVISIONS. 3. RESTORATION AND FLOOD RISK REDUCTION. 5. OPEN SPACE LAND CONSERVATION AND RECREATION. 7. CLIMATE CHANGE MITIGATION. 9. WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE. 11. ENVIRONMENTAL JUSTICE AND REPORTING. TITLE 1 GENERAL PROVISIONS SECTION 58-0101. DEFINITIONS. 58-0103. ALLOCATION OF MONEYS. 58-0105. POWERS AND DUTIES. 58-0107. POWERS AND DUTIES OF A MUNICIPALITY. 58-0109. CONSISTENCY WITH FEDERAL TAX LAWS. 58-0111. COMPLIANCE WITH OTHER LAW. § 58-0101. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE: 1. "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK" IN ACCORDANCE WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW. S. 2508--B 178 2. "COST" MEANS THE EXPENSE OF AN APPROVED PROJECT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING, ENGINEER- ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND LEGAL SERVICES, SITE PREPARATION, DEMOLITION, CONSTRUCTION AND OTHER DIRECT EXPENSES INCIDENT TO SUCH PROJECT. 3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA- TION. 4. "ENDANGERED OR THREATENED SPECIES PROJECT" MEANS A PROJECT TO RESTORE, RECOVER, OR REINTRODUCE AN ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN PURSUANT TO A RECOVERY PLAN OR RESTORATION PLAN PREPARED AND ADOPTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO THE STATE'S WILDLIFE ACTION PLAN. 5. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS A MINORITY OR LOW-INCOME COMMUNITY THAT MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVI- RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER- CIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE, LOCAL, AND TRIBAL PROGRAMS AND POLICIES. 6. "FLOOD RISK REDUCTION PROJECT" MEANS PROJECTS THAT USE NATURE-BASED SOLUTIONS WHERE POSSIBLE TO REDUCE EROSION OR FLOODING, AND PROJECTS WHICH MITIGATE OR ADAPT TO FLOOD CONDITIONS. 7. "GREEN BUILDINGS PROJECT" MEANS (I) INSTALLING, UPGRADING, OR MODI- FYING A RENEWABLE ENERGY SOURCE AT A STATE-OWNED BUILDING OR FOR THE PURPOSE OF CONVERTING OR CONNECTING A STATE-OWNED BUILDING, OR PORTION THEREOF, TO A RENEWABLE ENERGY SOURCE; (II) REDUCING ENERGY USE OR IMPROVING ENERGY EFFICIENCY OR OCCUPANT HEALTH AT A STATE-OWNED BUILD- ING; (III) INSTALLING A GREEN ROOF AT A STATE-OWNED BUILDING; AND (IV) EMISSION REDUCTION PROJECTS. 8. "MUNICIPALITY" MEANS A LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY DISTRICT, DISTRICT CORPORATION, IMPROVEMENT DISTRICT WITHIN A COUNTY, CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE OR THE UNITED STATES WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF. 9. "NATURE-BASED SOLUTION" MEANS PROJECTS THAT ARE SUPPORTED OR INSPIRED BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO OFFER ENVIRONMENTAL, ECONOMIC, AND SOCIAL BENEFITS, WHILE INCREASING RESILIENCE. NATURE-BASED SOLUTIONS INCLUDE BOTH GREEN AND NATURAL INFRASTRUCTURE. 10. "OPEN SPACE LAND CONSERVATION PROJECT" MEANS PURCHASE OF FEE TITLE OR CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING LANDS OR WATERS AND/OR PROVIDING RECREATIONAL OPPORTUNITIES FOR THE PUBLIC THAT (I) POSSESS ECOLOGICAL, HABITAT, RECREATIONAL OR SCENIC VALUES; (II) PROTECT THE QUALITY OF A DRINKING WATER SUPPLY; (III) PROVIDE FLOOD CONTROL OR FLOOD MITIGATION VALUES; (IV) CONSTITUTE A FLOODPLAIN; (V) PROVIDE OR HAVE THE POTENTIAL TO PROVIDE IMPORTANT HABITAT CONNECTIVITY; (VI) PROVIDE OPEN SPACE FOR THE USE AND ENJOYMENT OF THE PUBLIC; OR (VII) PROVIDE COMMUNITY GARDENS IN URBAN AREAS. 11. "RECREATIONAL INFRASTRUCTURE PROJECT" MEANS THE DEVELOPMENT OR IMPROVEMENT OF STATE AND MUNICIPAL PARKS, CAMPGROUNDS, NATURE CENTERS, FISH HATCHERIES, AND INFRASTRUCTURE ASSOCIATED WITH OPEN SPACE LAND CONSERVATION PROJECTS. 12. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE COST OF PROJECTS AUTHORIZED BY THIS ARTICLE TO PRESERVE, ENHANCE, RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT. 13. "STATE ENTITY" MEANS ANY STATE DEPARTMENT, DIVISION, AGENCY, OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION. S. 2508--B 179 14. "WATER QUALITY IMPROVEMENT PROJECT" FOR THE PURPOSES OF THIS TITLE, MEANS PROJECTS DESIGNED TO IMPROVE THE QUALITY OF DRINKING AND SURFACE WATERS. 15. "WETLAND AND STREAM RESTORATION PROJECT" MEANS ACTIVITIES DESIGNED TO RESTORE FRESHWATER AND TIDAL WETLANDS, AND STREAMS OF THE STATE, FOR THE PURPOSE OF ENHANCING HABITAT, INCREASING CONNECTIVITY, IMPROVING WATER QUALITY, AND FLOOD RISK REDUCTION. § 58-0103. ALLOCATION OF MONEYS. THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 SHALL BE DISBURSED IN THE FOLLOWING AMOUNTS PURSUANT TO APPROPRIATIONS AS SPECIFICALLY PROVIDED FOR IN TITLES THREE, FIVE, SEVEN, AND NINE OF THIS ARTICLE: 1. NOT LESS THAN ONE BILLION DOLLARS ($1,000,000,000) FOR RESTORATION AND FLOOD RISK REDUCTION AS SET FORTH IN TITLE THREE OF THIS ARTICLE. 2. UP TO FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR OPEN SPACE LAND CONSERVATION AND RECREATION AS SET FORTH IN TITLE FIVE OF THIS ARTICLE. 3. UP TO SEVEN HUNDRED MILLION DOLLARS ($700,000,000) FOR CLIMATE CHANGE MITIGATION AS SET FORTH IN TITLE SEVEN OF THIS ARTICLE. 4. NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE AS SET FORTH IN TITLE NINE OF THIS ARTICLE. § 58-0105. POWERS AND DUTIES. IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE- BY AUTHORIZED TO: 1. ADMINISTER FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK". 2. IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE, CONTRACT TO MAKE, WITHIN THE LIMITATIONS OF APPROPRIATIONS AVAILABLE THEREFOR, STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE. 3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT. 4. ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR- PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE. 5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND PROCEDURES NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR THE FORM, CONTENT, AND SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST- ANCE. 6. DELEGATE TO, OR COOPERATE WITH, ANY OTHER STATE ENTITY IN THE ADMINISTRATION OF THIS ARTICLE. 7. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE. § 58-0107. POWERS AND DUTIES OF A MUNICIPALITY. A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO: 1. UNDERTAKE AND CARRY OUT ANY PROJECT FOR WHICH STATE ASSISTANCE PAYMENTS PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU- ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT. 2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS ARTICLE FOR COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT. 3. APPLY FOR AND RECEIVE MONEYS FROM THE STATE FOR THE PURPOSE OF ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE. S. 2508--B 180 4. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED THERETO. § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW. ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORDANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS. § 58-0111. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS. TITLE 3 RESTORATION AND FLOOD RISK REDUCTION SECTION 58-0301. ALLOCATION OF MONEYS. 58-0303. PROGRAMS, PLANS AND PROJECTS. § 58-0301. ALLOCATION OF MONEYS. OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021, NOT LESS THAN ONE BILLION DOLLARS ($1,000,000,000) SHALL BE AVAILABLE FOR DISBURSEMENTS FOR RESTORATION AND FLOOD RISK REDUCTION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0303 OF THIS TITLE. NOT MORE THAN TWO HUNDRED FIFTY MILLION DOLLARS ($250,000,000) OF THIS AMOUNT SHALL BE AVAILABLE FOR PROJECTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0303 OF THIS TITLE AND NOT LESS THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) EACH SHALL BE AVAILABLE FOR COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS AND PROJECTS WHICH ADDRESS INLAND FLOODING, PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF SECTION 58-0303 OF THIS TITLE. § 58-0303. PROGRAMS, PLANS AND PROJECTS. 1. ELIGIBLE RESTORATION AND FLOOD RISK REDUCTION PROJECTS INCLUDE, BUT ARE NOT LIMITED TO COSTS ASSOCIATED WITH: A. (1) PROJECTS IDENTIFIED IN STATE AND REGIONAL MANAGEMENT AND RESTO- RATION PROGRAMS AND PLANS INCLUDING BUT NOT LIMITED TO THE GREAT LAKES ACTION AGENDA, MOHAWK RIVER BASIN ACTION AGENDA, OCEAN ACTION PLAN, HUDSON RIVER ESTUARY ACTION AGENDA, LONG ISLAND SOUND COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN, SOUTH SHORE ESTUARY RESERVE COMPREHEN- SIVE MANAGEMENT PLAN, PECONIC ESTUARY COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN, DELAWARE ACTION PLAN, SUSQUEHANNA ACTION PLAN, FOREST MANAGEMENT FRAMEWORK FOR NEW YORK CITY AND NEW YORK/NEW JERSEY HARBOR ESTUARY PLAN; (2) LOCAL WATERFRONT REVITALIZATION PLANS PREPARED PURSUANT TO ARTICLE FORTY-TWO OF THE EXECUTIVE LAW; AND (3) COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS, INCLUD- ING NATURE-BASED SOLUTIONS; B. FLOOD RISK REDUCTION PROJECTS INCLUDING BUT NOT LIMITED TO: ACQUI- SITION OF REAL PROPERTY; MOVING, LIFTING OR RAISING OF EXISTING FLOOD- PRONE INFRASTRUCTURE OR STRUCTURES; RELOCATION, REPAIR, OR RAISING OF FLOOD-PRONE OR REPEATEDLY FLOODED ROADWAYS; AND PROJECTS TO REMOVE, ALTER, OR RIGHT-SIZE DAMS, BRIDGES, AND CULVERTS, BUT SHALL NOT INCLUDE ROUTINE CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE AND MUNICI- PALITIES WHICH DOES NOT PROVIDE FLOOD RISK REDUCTION BENEFITS; AND C. RESTORATION PROJECTS INCLUDING BUT NOT LIMITED TO: FLOODPLAIN, WETLAND AND STREAM RESTORATION PROJECTS; FOREST CONSERVATION; ENDANGERED AND THREATENED SPECIES PROJECTS; AND HABITAT RESTORATION PROJECTS, INCLUDING ACQUISITION OF FEE TITLE AND EASEMENTS, INTENDED TO IMPROVE THE LANDS AND WATERS OF THE STATE OF ECOLOGICAL SIGNIFICANCE OR ANY PART S. 2508--B 181 THEREOF, INCLUDING, BUT NOT LIMITED TO FORESTS, PONDS, BOGS, WETLANDS, BAYS, SOUNDS, STREAMS, RIVERS, OR LAKES AND SHORELINES THEREOF, TO SUPPORT A SPAWNING, NURSERY, WINTERING, MIGRATORY, NESTING, BREEDING, FEEDING, OR FORAGING ENVIRONMENT FOR FISH AND WILDLIFE AND OTHER BIOTA. 2. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ARE AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVI- SION ONE OF THIS SECTION TO PURCHASE PRIVATE REAL PROPERTY IDENTIFIED AS AT-RISK TO FLOODING, FROM WILLING SELLERS. THE COMMISSIONER OF THE DIVI- SION OF HOUSING AND COMMUNITY RENEWAL SHALL BE AUTHORIZED TO TRANSFER TO ANY STATE AGENCY OR PUBLIC AUTHORITY ANY REAL PROPERTY IN ORDER TO CARRY OUT THE PURPOSES OF THIS ARTICLE. IN CONNECTION THEREWITH, THE HOUSING TRUST FUND CORPORATION SHALL BE AUTHORIZED TO CREATE A SUBSIDIARY CORPO- RATION TO CARRY OUT THE PROGRAM AUTHORIZED UNDER THIS SUBDIVISION. SUCH SUBSIDIARY CORPORATION SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX EXEMPTION AND OTHER EXEMPTIONS OF THE AGENCY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION. A. THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR ANY OTHER DEPARTMENT OR STATE AGENCY THAT HAS RECEIVED FUNDS SUBALLOCATED PURSUANT TO THIS SECTION MAY ENTER INTO AGREEMENTS WITH MUNICIPALITIES, AND NOT-FOR-PROFIT CORPORATIONS FOR THE PURPOSE OF IMPLEMENTING A PROGRAM PURSUANT TO THIS SECTION. B. THE DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL PRIORITIZE PROJECTS IN COMMUNITIES BASED ON PAST FLOOD RISK OR THOSE THAT PARTICIPATE IN THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) COMMUNITY RATING SYSTEM. C. ANY STATE AGENCY OR AUTHORITY, MUNICIPALITY, OR NOT-FOR-PROFIT CORPORATION PURCHASING PRIVATE REAL PROPERTY MAY EXPEND COSTS ASSOCIATED WITH: (1) THE ACQUISITION OF REAL PROPERTY, BASED UPON THE PRE-FLOOD FAIR MARKET VALUE OF THE SUBJECT PROPERTY; (2) THE DEMOLITION AND REMOVAL OF STRUCTURES AND/OR INFRASTRUCTURE ON THE PROPERTY; AND (3) THE RESTORATION OF NATURAL RESOURCES TO FACILITATE BENEFICIAL OPEN SPACE, FLOOD MITIGATION, AND/OR SHORELINE STABILIZATION. D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STRUCTURE WHICH IS LOCATED ON REAL PROPERTY PURCHASED PURSUANT TO THIS PROGRAM SHALL BE DEMOLISHED OR REMOVED, PROVIDED THAT IT DOES NOT SERVE A USE OR PURPOSE CONSISTENT WITH PARAGRAPH F OF THIS SUBDIVISION. E. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE PROPERTY OF THE STATE, MUNICIPALITY, OR A NOT-FOR-PROFIT CORPORATION. F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE RESTORED AND MAINTAINED IN PERPETUITY IN A MANNER THAT, AIMS TO INCREASE ECOSYSTEM FUNCTION, PROVIDE ADDITIONAL FLOOD DAMAGE MITIGATION FOR SURROUNDING PROPERTIES, PROTECT WILDLIFE HABITAT, AND WHEREVER PRACTICABLE AND SAFE, ALLOW FOR PASSIVE AND/OR RECREATIONAL COMMUNITY USE. MUNICIPAL FLOOD MITIGATION PLANS, RESILIENCE, WATERFRONT REVITALIZATION PLANS OR HAZARD MITIGATION PLANS, WHEN APPLICABLE, SHALL BE CONSULTED TO IDENTIFY THE APPROPRIATE RESTORATION AND END-USE OF THE PROPERTY. G. ALL OR A PORTION OF THE APPROPRIATION IN THIS SECTION MAY BE PROVIDED TO THE DEPARTMENT OR THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR SUBALLOCATED TO ANY OTHER DEPARTMENT, STATE AGENCY OR STATE AUTHORITY. H. PRIVATE REAL PROPERTY IDENTIFIED AS AT-RISK TO FLOODING SHOULD GENERALLY BE LIMITED TO THOSE: (1) IDENTIFIED AS BEING WITHIN THE ONE S. 2508--B 182 HUNDRED-YEAR FLOODPLAIN ON THE MOST RECENT FEMA FLOOD INSURANCE MAPS; (2) FLOODED STRUCTURES THAT WOULD QUALIFY FOR BUYOUT UNDER CRITERIA GENERALLY APPLICABLE TO FEMA POST-EMERGENCY ACQUISITIONS; (3) STRUCTURES IDENTIFIED IN A STATE, FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY AS SUITABLE FOR THE LOCATION OF A FLOOD RISK MANAGEMENT OR ABATEMENT PROJECT IN AREAS IMMEDIATELY PROXIMATE TO INLAND OR COASTAL WATERWAYS; OR (4) STRUCTURES LOCATED IN COASTAL OR RIPARIAN AREAS THAT HAVE BEEN DETERMINED BY A STATE, FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY TO SIGNIFICANTLY EXACERBATE FLOODING IN OTHER LOCATIONS. 3. THE DEPARTMENT, THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRES- ERVATION AND THE DEPARTMENT OF STATE ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVI- SION ONE OF THIS SECTION. 4. THE DEPARTMENT AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION. CULVERT AND BRIDGE PROJECTS SHALL BE IN COMPLIANCE WITH THE DEPARTMENT'S STREAM CROSSING GUIDELINES AND BEST MANAGEMENT PRACTICES, AND ENGINEERED FOR STRUCTURAL INTEGRITY AND APPROPRIATE HYDRAULIC CAPACITY INCLUDING, WHERE AVAILABLE, PROJECTS FLOWS BASED ON FLOOD MODELING THAT INCORPO- RATES CLIMATE CHANGE PROJECTIONS AND SHALL NOT INCLUDE ROUTINE CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE OR MUNICIPALITIES. 5. THE DEPARTMENT AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION. 6. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING UNDER PARAGRAPHS B AND C OF SUBDIVISION ONE OF THIS SECTION, THE RELE- VANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID- ING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE. TITLE 5 OPEN SPACE LAND CONSERVATION AND RECREATION SECTION 58-0501. ALLOCATION OF MONEYS. 58-0503. PROGRAMS, PLANS AND PROJECTS. § 58-0501. ALLOCATION OF MONEYS. OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 TO BE USED FOR OPEN SPACE LAND CONSERVATION AND RECREATION PROJECTS, UP TO FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) SHALL BE AVAILABLE FOR PROGRAMS, PLANS, AND PROJECTS DEVELOPED PURSUANT TO SECTION 58-0503 OF THIS TITLE, HOWEVER, NOT MORE THAN SEVENTY-FIVE MILLION DOLLARS ($75,000,000) SHALL BE MADE AVAILABLE FOR THE CREATION OF A FISH HATCHERY, OR THE IMPROVEMENT, EXPANSION, REPAIR OR MAINTENANCE OF EXISTING FISH HATCHERIES, NOT LESS THAN TWO HUNDRED MILLION DOLLARS ($200,000,000) SHALL BE MADE AVAILABLE FOR OPEN SPACE LAND CONSERVATION PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF SECTION 58-0503 OF THIS TITLE AND NOT LESS THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE MADE AVAILABLE FOR FARM- LAND PROTECTION PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION 58-0503 OF THIS TITLE. § 58-0503. PROGRAMS, PLANS AND PROJECTS. 1. ELIGIBLE OPEN SPACE WORKING LANDS CONSERVATION AND RECREATION PROJECTS INCLUDE, BUT ARE NOT LIMITED TO: S. 2508--B 183 A. COSTS ASSOCIATED WITH OPEN SPACE LAND CONSERVATION PROJECTS; B. COSTS ASSOCIATED WITH PURCHASING CONSERVATION EASEMENTS TO PROTECT FARMLAND PURSUANT TO ARTICLE TWENTY-FIVE-AAA OF THE AGRICULTURE AND MARKETS LAW; AND C. COSTS ASSOCIATED WITH RECREATIONAL INFRASTRUCTURE PROJECTS. 2. THE DEPARTMENT OR THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION ARE AUTHORIZED TO UNDERTAKE OPEN SPACE LAND CONSERVATION PROJECTS, IN COOPERATION WITH WILLING SELLERS PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND MAY ENTER INTO AN AGREEMENT FOR PURCHASE OF REAL PROPERTY OR CONSERVATION EASEMENTS ON REAL PROPERTY BY A MUNICIPALITY OR A NOT-FOR-PROFIT CORPORATION. ANY SUCH AGREEMENT SHALL CONTAIN SUCH PROVISIONS AS SHALL BE NECESSARY TO ENSURE THAT THE PURCHASE IS CONSIST- ENT WITH, AND IN FURTHERANCE OF, THIS TITLE AND SHALL BE SUBJECT TO THE APPROVAL OF THE COMPTROLLER AND, AS TO FORM, THE ATTORNEY GENERAL. IN UNDERTAKING SUCH PROJECTS, SUCH COMMISSIONERS SHALL CONSIDER THE STATE LAND ACQUISITION PLAN PREPARED PURSUANT TO SECTION 49-0207 OF THIS CHAP- TER. FURTHER, THE DEPARTMENT OR THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS TO MUNICIPALITIES FOR ELIGIBLE PROJECTS CONSISTENT WITH PARA- GRAPHS A AND C OF SUBDIVISION ONE OF THIS SECTION. 3. THE COST OF AN OPEN SPACE LAND CONSERVATION PROJECT SHALL INCLUDE THE COST OF PREPARING A MANAGEMENT PLAN FOR THE PRESERVATION AND BENEFI- CIAL PUBLIC ENJOYMENT OF THE LAND ACQUIRED PURSUANT TO THIS SECTION EXCEPT WHERE SUCH A MANAGEMENT PLAN ALREADY EXISTS FOR THE ACQUIRED LAND. 4. THE DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE AND MARKETS ARE AUTHORIZED TO PROVIDE, PURSUANT TO PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, FARMLAND PRESERVATION IMPLEMENTATION GRANTS TO COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARDS PURSUANT TO ARTICLE TWENTY- FIVE-AAA OF THE AGRICULTURE AND MARKETS LAW, OR TO MUNICIPALITIES, SOIL AND WATER CONSERVATION DISTRICTS OR NOT-FOR-PROFIT CORPORATIONS FOR IMPLEMENTATION OF PROJECTS. 5. THE DEPARTMENT IS AUTHORIZED TO EXPEND MONEYS TO PURCHASE EQUIP- MENT, DEVICES, AND OTHER NECESSARY MATERIALS AND TO ACQUIRE FEE TITLE OR CONSERVATION EASEMENTS IN LANDS FOR MONITORING, RESTORATION, RECOVERY, OR REINTRODUCTION PROJECTS FOR SPECIES LISTED AS ENDANGERED OR THREAT- ENED OR LISTED AS A SPECIES OF SPECIAL CONCERN PURSUANT TO SECTION 11-0535 OF THIS CHAPTER. 6. THE DEPARTMENT OR THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION ARE AUTHORIZED TO EXPEND MONEYS FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF PROJECTS TO DEVELOP AND IMPROVE PARKS, CAMPGROUNDS, NATURE CENTERS, FISH HATCHERIES, AND OTHER RECREATIONAL FACILITIES. 7. THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A CONTRACT FOR THE UNDERTAKING BY THE NOT-FOR-PROFIT CORPORATION OF AN OPEN SPACE LAND ACQUISITION PROJECT. 8. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILI- TATED BY OR THROUGH A MUNICIPALITY PURSUANT TO PARAGRAPH A OF SUBDIVI- SION ONE OF THIS SECTION OR UNDERTAKEN BY OR ON BEHALF OF A MUNICIPALITY WITH FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT BE SOLD, LEASED, EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR USED FOR OTHER THAN PUBLIC PARK PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS OF EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASONABLY EQUIV- ALENT USEFULNESS AND LOCATION TO THOSE TO BE DISCONTINUED, SOLD OR DISPOSED OF, AND SUCH OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE COMMISSIONER. S. 2508--B 184 9. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING UNDER PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION, THE RELE- VANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID- ING FOR A THIRTY DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE. TITLE 7 CLIMATE CHANGE MITIGATION SECTION 58-0701. ALLOCATION OF MONEYS. 58-0703. PROGRAMS, PLANS AND PROJECTS. § 58-0701. ALLOCATION OF MONEYS. OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021, UP TO SEVEN HUNDRED MILLION DOLLARS ($700,000,000) SHALL BE MADE AVAILABLE FOR DISBURSEMENTS FOR CLIMATE CHANGE MITIGATION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0703 OF THIS TITLE. NOT LESS THAN THREE HUNDRED FIFTY MILLION DOLLARS ($350,000,000) OF THIS AMOUNT SHALL BE AVAILABLE FOR GREEN BUILDINGS PROJECTS. § 58-0703. PROGRAMS, PLANS AND PROJECTS. 1. ELIGIBLE CLIMATE CHANGE MITIGATION PROJECTS INCLUDE, BUT ARE NOT LIMITED TO: A. COSTS ASSOCIATED WITH GREEN BUILDING PROJECTS, PROJECTS THAT INCREASE ENERGY EFFICIENCY OR THE USE OR SITING OF RENEWABLE ENERGY ON STATE-OWNED BUILDINGS OR PROPERTIES INCLUDING BUILDINGS OWNED BY THE STATE UNIVERSITY OF THE STATE OF NEW YORK, CITY UNIVERSITY OF THE STATE OF NEW YORK, AND COMMUNITY COLLEGES; B. COSTS ASSOCIATED WITH PROJECTS THAT UTILIZE NATURAL AND WORKING LANDS TO SEQUESTER CARBON AND MITIGATE METHANE EMISSIONS FROM AGRICUL- TURAL SOURCES, SUCH AS MANURE STORAGE THROUGH COVER AND METHANE REDUCTION TECHNOLOGIES; C. COSTS ASSOCIATED WITH IMPLEMENTING CLIMATE ADAPTATION AND MITI- GATION PROJECTS PURSUANT TO SECTION 54-1523 OF THIS CHAPTER; D. COSTS ASSOCIATED WITH URBAN FORESTRY PROJECTS SUCH AS FOREST AND HABITAT RESTORATION, FOR PURCHASE AND PLANTING OF STREET TREES AND FOR PROJECTS TO EXPAND THE EXISTING TREE CANOPY AND BOLSTER COMMUNITY HEALTH; E. COSTS ASSOCIATED WITH PROJECTS THAT REDUCE URBAN HEAT ISLAND EFFECT, SUCH AS INSTALLATION OF GREEN ROOFS, OPEN SPACE PROTECTION, COMMUNITY GARDENS, COOL PAVEMENT PROJECTS, PROJECTS THAT CREATE OR UPGRADE COMMUNITY COOLING CENTERS, AND THE INSTALLATION OF REFLECTIVE ROOFS WHERE INSTALLATION OF GREEN ROOFS IS NOT POSSIBLE; F. COSTS ASSOCIATED WITH PROJECTS TO REDUCE OR ELIMINATE AIR POLLUTION FROM STATIONARY OR MOBILE SOURCES OF AIR POLLUTION AFFECTING AN ENVIRON- MENTAL JUSTICE COMMUNITY; AND G. COSTS ASSOCIATED WITH PROJECTS WHICH WOULD REDUCE OR ELIMINATE WATER POLLUTION, WHETHER FROM POINT OR NON-POINT DISCHARGES, AFFECTING AN ENVIRONMENTAL JUSTICE COMMUNITY. 2. THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE OFFICE OF GENER- AL SERVICES ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS OR UNDERTAKE PROJECTS PURSUANT TO THIS SECTION. 3. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING UNDER THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVI- RONMENTAL NOTICE BULLETIN PROVIDING FOR A THIRTY-DAY PUBLIC COMMENT S. 2508--B 185 PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELE- VANT AGENCY'S WEBSITE. TITLE 9 WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE SECTION 58-0901. ALLOCATION OF MONEYS. 58-0903. PROGRAMS, PLANS AND PROJECTS. § 58-0901. ALLOCATION OF MONEYS. OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 FOR DISBURSEMENTS FOR STATE ASSIST- ANCE FOR WATER QUALITY IMPROVEMENT PROJECTS AS DEFINED BY TITLE ONE OF THIS ARTICLE, NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) SHALL BE AVAILABLE FOR WATER QUALITY IMPROVEMENT PROJECTS DEVELOPED PURSUANT TO SECTION 58-0903 OF THIS TITLE. NOT LESS THAN TWO HUNDRED MILLION DOLLARS ($200,000,000) OF THIS AMOUNT SHALL BE AVAILABLE FOR WASTEWATER INFRASTRUCTURE PROJECTS UNDERTAKEN PURSUANT TO THE NEW YORK STATE WATER INFRASTRUCTURE IMPROVEMENT ACT OF 2017 PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION 58-0903 OF THIS TITLE, AND NOT LESS THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE AVAILABLE FOR MUNICIPAL STORMWATER PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF SECTION 58-0903 OF THIS TITLE. § 58-0903. PROGRAMS, PLANS AND PROJECTS. 1. ELIGIBLE WATER QUALITY IMPROVEMENT PROJECT COSTS INCLUDE, BUT ARE NOT LIMITED TO: A. COSTS ASSOCIATED WITH GRANTS TO MUNICIPALITIES FOR PROJECTS THAT REDUCE OR CONTROL STORM WATER RUNOFF, USING GREEN INFRASTRUCTURE WHERE PRACTICABLE; B. COSTS ASSOCIATED WITH PROJECTS THAT REDUCE AGRICULTURAL NUTRIENT RUNOFF AND PROMOTE SOIL HEALTH SUCH AS PROJECTS WHICH IMPLEMENT COMPRE- HENSIVE NUTRIENT MANAGEMENT PLANS, OTHER AGRICULTURAL NUTRIENT MANAGE- MENT PROJECTS, AND NON-POINT SOURCE ABATEMENT AND CONTROL PROGRAMS INCLUDING PROJECTS DEVELOPED PURSUANT TO SECTIONS ELEVEN-A AND ELEVEN-B OF THE SOIL AND WATER CONSERVATION DISTRICTS; C. COSTS ASSOCIATED WITH PROJECTS THAT ADDRESS HARMFUL ALGAL BLOOMS SUCH AS ABATEMENT PROJECTS AND PROJECTS FOCUSED ON ADDRESSING NUTRIENT REDUCTION IN FRESHWATER AND MARINE WATERS, WASTEWATER INFRASTRUCTURE SYSTEMS THAT TREAT NITROGEN AND PHOSPHORUS, AND LAKE TREATMENT SYSTEMS; D. COSTS ASSOCIATED WITH WASTEWATER INFRASTRUCTURE PROJECTS INCLUDING BUT NOT LIMITED TO EXTENDING OR ESTABLISHING SEWER LINES TO REPLACE FAILING SEPTIC SYSTEMS OR CESSPOOLS AND PROJECTS AS PROVIDED BY SECTION TWELVE HUNDRED EIGHTY-FIVE-U OF THE PUBLIC AUTHORITIES LAW; E. COSTS ASSOCIATED WITH PROJECTS TO REDUCE, AVOID OR ELIMINATE POINT AND NON-POINT SOURCE DISCHARGES TO WATER INCLUDING PROJECTS AUTHORIZED BY THE NEW YORK STATE WATER IMPROVEMENT INFRASTRUCTURE ACT OF 2017 AND SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW; F. COSTS ASSOCIATED WITH THE ESTABLISHMENT OF RIPARIAN BUFFERS TO PROVIDE DISTANCE BETWEEN FARM FIELDS AND STREAMS OR ABATE EROSION DURING HIGH FLOW EVENTS; AND G. COSTS ASSOCIATED WITH LEAD SERVICE LINE REPLACEMENT PURSUANT TO SECTION ELEVEN HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW. 2. THE DEPARTMENT AND THE NEW YORK STATE ENVIRONMENTAL FACILITIES CORPORATION ARE AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR GRANTS TO MUNICIPALITIES FOR PROJECTS AUTHORIZED PURSUANT TO PARAGRAPHS A, B, AND D OF SUBDIVISION ONE OF THIS SECTION. 3. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL BE AUTHORIZED TO MAKE STATE ASSISTANCE PAYMENTS TO SOIL AND WATER CONSERVATION DISTRICTS FOR THE COST OF IMPLEMENTING AGRICULTURAL ENVIRONMENTAL MANAGEMENT S. 2508--B 186 PLANS, INCLUDING PURCHASE OF EQUIPMENT FOR MEASURING AND MONITORING SOIL HEALTH AND SOIL CONDITIONS. 4. THE DEPARTMENT IS AUTHORIZED TO MAKE GRANTS AVAILABLE TO NOT-FOR- PROFITS AND ACADEMIC INSTITUTIONS FOR PARAGRAPHS B, C, AND F OF SUBDIVI- SION ONE OF THIS SECTION, AND MAKE STATE ASSISTANCE PAYMENTS TO MUNICI- PALITIES AND UNDERTAKE PROJECTS PURSUANT TO THIS SECTION. 5. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING OF THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVIDING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE. TITLE 11 ENVIRONMENTAL JUSTICE AND REPORTING SECTION 58-1101. BENEFITS OF FUNDS. 58-1103. REPORTING. § 58-1101. BENEFITS OF FUNDS. THE DEPARTMENT SHALL MAKE EVERY EFFORT PRACTICABLE TO ENSURE THAT THIRTY-FIVE PERCENT OF THE FUNDS PURSUANT TO THIS ARTICLE BENEFIT ENVI- RONMENTAL JUSTICE COMMUNITIES. § 58-1103. REPORTING. 1. NO LATER THAN SIXTY DAYS FOLLOWING THE END OF EACH FISCAL YEAR, EACH DEPARTMENT, AGENCY, PUBLIC BENEFIT CORPORATION, AND PUBLIC AUTHORI- TY RECEIVING AN ALLOCATION OR ALLOCATIONS OF APPROPRIATION FINANCED FROM THE CLEAN WATER, GREEN JOBS, GREEN NEW YORK ENVIRONMENTAL BOND ACT OF 2021 SHALL SUBMIT TO THE COMMISSIONER IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT, THE FOLLOWING INFORMATION AS OF MARCH THIRTY-FIRST OF SUCH FISCAL YEAR, WITHIN EACH CATEGORY LISTED IN THIS TITLE: THE TOTAL APPROPRIATION; TOTAL COMMITMENTS; YEAR-TO-DATE DISBURSEMENTS; REMAINING UNCOMMITTED BALANCES; AND A DESCRIPTION OF EACH PROJECT. 2. NO LATER THAN ONE HUNDRED TWENTY DAYS FOLLOWING THE END OF EACH FISCAL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A REPORT THAT INCLUDES THE INFORMATION RECEIVED. A COPY OF THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE. § 2. The state finance law is amended by adding a new section 97-tttt to read as follows: § 97-TTTT. CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND". 2. THE STATE COMPTROLLER SHALL DEPOSIT INTO THE CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK". 3. MONEYS IN THE CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE AND ALLOCATION BY THE DIREC- TOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDI- TURES MADE FROM APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR THE PURPOSE OF THE CLEAN WATER, GREEN JOBS, GREEN NEW YORK BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK". 4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES SOLD PURSUANT TO THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS S. 2508--B 187 THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER. § 3. Section 61 of the state finance law is amended by adding a new subdivision 32 to read as follows: 32. THIRTY YEARS. FOR THE PAYMENT OF "CLEAN WATER, GREEN JOBS, GREEN NEW YORK" PROJECTS, AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRON- MENTAL CONSERVATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE, ENACTING AND CONSTITUTING THE ENVIRONMENTAL BOND ACT OF 2021 "CLEAN WATER, GREEN JOBS, GREEN NEW YORK". THIRTY YEARS FOR FLOOD CONTROL INFRASTRUCTURE, OTHER ENVIRONMENTAL INFRASTRUC- TURE, WETLAND AND OTHER HABITAT RESTORATION, WATER QUALITY PROJECTS, ACQUISITION OF LAND, INCLUDING ACQUISITION OF REAL PROPERTY, AND RENEWA- BLE ENERGY PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE OF CLEAN WATER, GREEN JOBS, GREEN NEW YORK PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM MULTI- PLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR VALUE OF THE ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT. § 4. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder ther- eof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 5. This act shall take effect only in the event that section 1 of part AAA of the chapter of the laws of 2021 enacting the environmental bond act of 2021 "clean water, green jobs, green New York" is submitted to the people at the general election to be held in November 2021 and is approved by a majority of all votes cast for and against it at such election. Upon such approval, this act shall take effect immediately; provided that the commissioner of environmental conservation shall noti- fy the legislative bill drafting commission upon the occurrence of the enactment of section 1 of part AAA of the chapter of the laws of 2021 enacting the environmental bond act of 2021 "clean water, green jobs, green New York", in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public offi- cers law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of the fore- going sections of this act are authorized and directed to be made and completed on or before such effective date. PART CCC Section 1. Legislative intent. The legislature finds the amount of waste generated in New York is a threat to the environment. The legisla- ture further finds and declares that it is in the public interest of the state of New York for covered material and product producers to under- S. 2508--B 188 take the responsibility for the development and implementation of strat- egies to promote reduction, reuse, recovery, and recycling of covered materials and products through investments in the end-of-product-life management of products, printed paper, and product packaging. § 2. Article 27 of the environmental conservation law is amended by adding a new title 33 to read as follows: TITLE 33 EXTENDED PRODUCER RESPONSIBILITY ACT SECTION 27-3301. DEFINITIONS. 27-3303. PRODUCER RESPONSIBILITY ADVISORY BOARD. 27-3305. PRODUCER RESPONSIBILITIES. 27-3307. FUNDING MECHANISM. 27-3309. PRODUCER RESPONSIBILITY PLAN AND NEEDS ASSESSMENT. 27-3311. PRODUCER RESPONSIBILITY PLAN APPROVAL. 27-3313. COLLECTION AND CONVENIENCE. 27-3315. OUTREACH AND EDUCATION. 27-3317. REPORTING REQUIREMENTS AND AUDITS. 27-3319. ANTITRUST PROTECTIONS. 27-3321. PENALTIES. 27-3323. STATE PREEMPTION. 27-3325. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. 27-3327. OTHER ASSISTANCE PROGRAMS. 27-3329. SEVERABILITY. § 27-3301. DEFINITIONS. AS USED IN THIS TITLE: 1. "COVERED MATERIALS AND PRODUCTS" SHALL MEAN ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF RECYCLABILITY, THAT INCLUDES MATERIAL THAT IS USED FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, AND PRESEN- TATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS, VIA RETAIL COMMERCE, IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION. COVERED MATERIALS AND PRODUCTS INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING CLASSES OF MATERIALS: (A) CONTAINERS AND PACKAGING: THIS CLASS INCLUDES ALL FLEXIBLE, FOAM, OR RIGID MATERIAL, INCLUDING BUT NOT LIMITED TO PAPER, CARTON, PLASTIC, GLASS, OR METAL, AND ANY COMBINATION OF SUCH MATERIALS THAT: (I) IS INTENDED TO CONTAIN, PROTECT, WRAP, PRESENT, OR DELIVER PRODUCTS FROM THE RESPONSIBLE PARTY TO THE ULTIMATE USER OR CONSUMER, INCLUDING TERTIARY PACKAGING USED FOR TRANSPORTATION OR DISTRIBUTION DIRECTLY TO A CONSUMER; (II) IS INTENDED FOR SINGLE OR SHORT-TERM USE AND DESIGNED TO CONTAIN, PROTECT OR WRAP PRODUCTS, INCLUDING SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET; OR (III) DOES NOT INCLUDE PACKAGING USED FOR THE LONG-TERM PROTECTION OR STORAGE OF A PRODUCT OR WITH A LIFE OF NOT LESS THAN FIVE YEARS. (B) PAPER PRODUCTS: THIS CLASS INCLUDES: (I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS A MEDIUM FOR TEXT OR IMAGES AND MATERIALS IN THE NEWSPAPERS CLASS OF MATERIALS; (II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY TO THE ULTIMATE CONSUMER OR RECIPIENT; (III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: (1) FLYERS; (2) BROCHURES; (3) BOOKLETS; (4) CATALOGS; (5) TELEPHONE DIRECTORIES; S. 2508--B 189 (6) NEWSPAPERS; (7) MAGAZINES; (8) PAPER FIBER; AND (9) PAPER USED FOR WRITING OR ANY OTHER PURPOSE. (C) PLASTICS: THIS CLASS INCLUDES PLASTIC PRODUCTS AS DETERMINED BY THE DEPARTMENT THAT FREQUENT THE RESIDENTIAL WASTE STREAM OR ARE PLASTIC PRODUCTS THAT HAVE THE EFFECT OF SEVERELY DISRUPTING RECYCLING PROC- ESSES, INCLUDING, BUT NOT LIMITED TO, SINGLE USE PLASTIC ITEMS SUCH AS STRAWS, UTENSILS, CUPS, PLATES, AND PLASTIC BAGS. (D) FOR THE PURPOSE OF THIS TITLE, THE PRODUCTS COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING: (I) COVERED MATERIALS OR PRODUCTS THAT COULD BECOME UNSAFE OR UNSANI- TARY TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE; (II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS; (III) BEVERAGE CONTAINERS AS DEFINED IN SECTION 27-1003 OF THIS ARTI- CLE ON WHICH A DEPOSIT IS REQUIRED TO BE INITIATED; (IV) ARCHITECTURAL PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO TITLE TWENTY OF THIS ARTICLE; (V) MEDICAL DEVICES AND COVERED MATERIALS AND PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE OR DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E) OF 21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT; (VI) COVERED MATERIALS USED TO CONTAIN TOXIC OR HAZARDOUS MATERIALS, OR REGULATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7 U.S.C. SEC.136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR REGU- LATION. 2. "CURBSIDE RECYCLING" MEANS A RECYCLING PROGRAM THAT SERVES RESIDEN- TIAL UNITS, OR SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WHERE SUCH SCHOOLS, STATE OR LOCAL AGENCIES, OR INSTITUTIONS WERE SERVED BY A MUNICIPALITY OR A PRIVATE SECTOR HAULER AS OF THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS OPERATED BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE MUNICIPALITY, PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS. 3. "POST-CONSUMER MATERIAL" MEANS ONLY THOSE COVERED PRODUCTS OR MATE- RIALS GENERATED BY A BUSINESS OR CONSUMER WHICH HAVE SERVED THEIR INTENDED END USE AS CONSUMER ITEMS AND WHICH HAVE BEEN SEPARATED OR DIVERTED FROM THE WASTE STREAM FOR THE PURPOSES OF COLLECTION AND RECY- CLING AS A SECONDARY MATERIAL FEEDSTOCK, BUT SHALL NOT INCLUDE WASTE MATERIAL GENERATED DURING OR AFTER THE COMPLETION OF A MANUFACTURING OR CONVERTING PROCESS. 4. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT MADE FROM POST-CONSUMER RECYCLED MATERIALS OR FEEDSTOCK. 5. "PRODUCER" MEANS, IN DESCENDING ORDER OF PRIORITY FOR ASSIGNING RESPONSIBILITY TO MEET THE REQUIREMENTS OF THIS TITLE: (A) THE PERSON WHO MANUFACTURES THE COVERED MATERIAL OR PRODUCT UNDER SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE THE COVERED MATERIAL OR PRODUCT IN THE STATE; (B) IF PARAGRAPH (A) OF THIS SUBDIVISION DOES NOT APPLY, THE PERSON OR COMPANY WHO IMPORTS THE COVERED MATERIAL OR PRODUCT AS THE OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE COVERED MATERIAL OR PRODUCT IS SOLD OR DISTRIBUTED IN THE STATE; (C) IF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION DO NOT APPLY, THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIBUTES THE COVERED MATERIAL OR PRODUCT IN THE STATE. S. 2508--B 190 A PRODUCER SHALL NOT INCLUDE A MUNICIPALITY OR A LOCAL GOVERNMENT PLANNING UNIT, OR A REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE ORGANIZATION. 6. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON BEHALF OF EACH PRODUCER TO DEVELOP AND IMPLEMENT A PRODUCER RESPONSIBIL- ITY PLAN, OR A REGISTERED 501(C)(3) CHARITABLE ORGANIZATION. TO THE EXTENT APPLICABLE, A PRODUCER RESPONSIBILITY ORGANIZATION SHALL HAVE A GOVERNING BOARD THAT REPRESENTS THE DIVERSITY OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES AND SUCH BOARD SHALL INCLUDE NON- VOTING MEMBERS REPRESENTING A DIVERSITY OF MATERIAL TRADE ASSOCIATIONS. 7. "READILY-RECYCLABLE" MEANS COVERED MATERIALS OR PRODUCTS INCLUDED IN THE MINIMUM RECYCLABLES LIST PURSUANT TO SUBDIVISION 5 OF SECTION 27-3313 OF THIS TITLE. READILY-RECYCLABLE DOES NOT INCLUDE MATERIALS THAT CONTAIN TOXIC SUBSTANCES, AS DEFINED IN THIS TITLE. 8. "RECOVERY" MEANS THE DIVERSION OF COVERED MATERIALS OR PRODUCTS THAT MIGHT BE DISPOSED OF OR BECOME WASTE. 9. "RECOVERY RATE" MEANS THE AMOUNT OF COVERED MATERIALS OR PRODUCTS RECOVERED OVER A PROGRAM YEAR DIVIDED BY THE AMOUNT OF PRODUCT PRODUCED, EXPRESSED AS A PERCENTAGE. 10. "RECYCLING" MEANS REPROCESSING, BY MEANS OF A MANUFACTURING PROC- ESS, OF A USED MATERIAL INTO A PRODUCT, A COMPONENT INCORPORATED INTO A PRODUCT, OR A SECONDARY (RECYCLED) RAW MATERIAL. "RECYCLING", FOR PURPOSES OF THIS TITLE, DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY MEANS OF COMBUSTION, USE AS A FUEL, OR LANDFILL DISPOSAL OF DISCARDED COVERED MATERIALS OR PRODUCTS OR DISCARDED PRODUCT COMPO- NENT MATERIALS OR CHEMICAL CONVERSION PROCESSES, AS DETERMINED BY THE DEPARTMENT. 11. "RECYCLING RATE" MEANS THE PERCENTAGE OF DISCARDED COVERED MATERI- ALS OR PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY THIS TITLE, AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED COVERED PRODUCTS RECYCLED OR REUSED BY THE TOTAL AMOUNT OF DISCARDED COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR. 12. "REUSE" MEANS SELLING A DISCARDED COVERED PRODUCT BACK INTO THE MARKET FOR ITS ORIGINAL INTENDED USE, WHEN THE DISCARDED COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS ORIGINAL PURPOSE OR COVERED MATERIALS OR PRODUCTS THAT ARE INTENDED TO BE REFILLED FOR THE SAME OR SIMILAR PURPOSE BY THE PRODUCER. 13. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE A PRODUCT TO A CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO BE DELIVERED TO A CONSUMER IN THE STATE. 14. "TOXIC SUBSTANCE" MEANS A CHEMICAL OR CHEMICAL CLASS OF CONCERN IDENTIFIED BY A STATE AGENCY, FEDERAL AGENCY, INTERNATIONAL INTERGOVERN- MENTAL AGENCY, ACCREDITED RESEARCH UNIVERSITY, OR OTHER SCIENTIFIC EVIDENCE. THE DEPARTMENT MAY REFERENCE EXISTING TOXIC OR HAZARDOUS SUBSTANCES LISTS IT CREATES OR THOSE CREATED BY OTHER STATE AGENCIES, THE INTERSTATE CHEMICALS CLEARINGHOUSE, OR CHEMICALS CLASSIFIED BY THE EUROPEAN UNION AS CARCINOGENS, MUTAGENS, OR REPRODUCTIVE TOXICANTS PURSUANT TO CATEGORY 1A OR 1B IN ANNEX VI TO REGULATION (EC) 1272/2008 IN THE PROMULGATION OF A TOXIC SUBSTANCE LIST. § 27-3303. PRODUCER RESPONSIBILITY ADVISORY BOARD. 1. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT A PRODUCER RESPONSIBILITY ADVISORY BOARD, HEREINAFTER THE ADVISORY BOARD, TO RECEIVE AND REVIEW THE PRODUCER RESPONSIBILITY PLANS REQUIRED UNDER THIS TITLE AND TO MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING THE PLAN'S APPROVAL. S. 2508--B 191 2. (A) THE ADVISORY BOARD SHALL BE COMPOSED OF AN ODD NUMBER OF MEMBERS AND THE COMMISSIONER SHALL APPOINT AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING: A MUNICIPALITY ASSOCIATION OR MUNICIPAL RECYCLING PROGRAM, INCLUDING AN ADDITIONAL MUNICIPAL REPRESENTATIVE FROM CITIES WITH A POPULATION OF ONE MILLION OR MORE RESIDENTS; A STATEWIDE ENVIRON- MENTAL ORGANIZATION; A REPRESENTATIVE OF ENVIRONMENTAL JUSTICE COMMUNI- TIES OR ORGANIZATIONS; A STATEWIDE WASTE DISPOSAL ASSOCIATION; A MATERI- ALS RECOVERY FACILITY LOCATED WITHIN THE STATE OF NEW YORK; A RECYCLING COLLECTION PROVIDER; A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER RECYCLED CONTENT; A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED CONTENT; A CONSUMER ADVOCATE; AND A RETAILER. (B) THE MEMBER REPRESENTING THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE A NON-VOTING MEMBER. (C) APPOINTMENTS TO THE ADVISORY BOARD SHALL BE MADE NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS TITLE. 3. THE ADVISORY BOARD SHALL MEET AT LEAST ONCE A YEAR BY THE CALL OF THE CHAIR OR BY REQUEST OF MORE THAN HALF THE VOTING MEMBERS. 4. (A) EACH PRODUCER RESPONSIBILITY PLAN PREPARED BY A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE SHALL BE SUBMITTED TO THE ADVISORY BOARD, WHICH SHALL CONSIDER WHETHER THE PLAN MEETS THE CRITERIA AND OBJECTIVES OF THIS TITLE. (B) THE ADVISORY BOARD SHALL, WITHIN NINETY DAYS OF THE SUBMISSION OF THE PRODUCER RESPONSIBILITY PLAN, EITHER: (I) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL; OR (II) FORWARD THE PLAN TO THE COMMISSIONER WITH ITS DISAPPROVAL AND STATED REASONS THERE- FOR, INCLUDING ANY RECOMMENDED CHANGES TO THE PLAN NECESSARY FOR APPROVAL. (C) A PRODUCER RESPONSIBILITY ORGANIZATION MAY RESUBMIT A PRODUCER RESPONSIBILITY PLAN FOR APPROVAL AT ANY TIME. UPON SUCH RESUBMISSION, THE ADVISORY BOARD SHALL, WITHIN NINETY DAYS, FORWARD THE PLAN TO THE COMMISSIONER WITH ITS RECOMMENDATION FOR APPROVAL OR DISAPPROVAL. 5. THE ADVISORY BOARD SHALL REVIEW THE SUBMITTED ANNUAL REPORTS AND MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE PRODUCER RESPONSI- BILITY ORGANIZATION FOR IMPROVING THE PLAN. 6. THE DECISIONS OF THE ADVISORY BOARD SHALL BE BY VOTE OF THE MAJORI- TY OF ITS MEMBERSHIP. § 27-3305. PRODUCER RESPONSIBILITIES. 1. WITHIN FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE, NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE COVERED MATERIALS OR PRODUCTS FOR USE IN NEW YORK UNLESS THE PRODUCER, OR A PRODUCER RESPON- SIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, HAS A PRODUCER RESPONSIBILITY PLAN APPROVED BY THE DEPARTMENT, UPON THE RECOMMENDATION OF THE ADVISORY BOARD. PRODUCERS MAY SATISFY PARTICIPATION OBLIGATIONS INDIVIDUALLY OR JOINTLY WITH OTHER PRODUCERS OR THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION. 2. PRODUCERS OR A PRODUCER RESPONSIBILITY ORGANIZATION SHALL MEET JOINTLY WITH THE ADVISORY BOARD AT LEAST ANNUALLY. 3. THE PRODUCER, OR A PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE FOR PRODUCERS' COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE, INCLUDING THE PREPARATION AND IMPLEMENTATION OF A PRODUCER RESPONSIBILITY PLAN, THE PREPARATION AND SUBMISSION OF ANNUAL AUDITS, AND THE ANNUAL REPORTS TO THE DEPARTMENT. 4. WITHIN THE FIRST FOUR YEARS AFTER THE DEPARTMENT APPROVES A PRODUC- ER RESPONSIBILITY PLAN, PRODUCERS SHALL BE REQUIRED TO REPORT, ON AN ANNUAL BASIS, PROGRESS REPORTS DESCRIBING IN DETAIL PROGRESS TOWARDS S. 2508--B 192 MEETING OR EXCEEDING THE RECOVERY, RECYCLING, AND POST-CONSUMER RECYCLED CONTENT RATES BY MATERIAL TYPE. SUCH PROGRESS REPORTS SHALL ALSO INCLUDE AN EVALUATION OF WHETHER THEY ARE ON TARGET TO MEET THE APPROVED RECOV- ERY, RECYCLING, AND POST-CONSUMER RECYCLED CONTENT RATES BY MATERIAL TYPE. IF A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION IS NOT ON TARGET TO MEET THE REQUIRED RATES, THE DEPARTMENT, IN CONSULTATION WITH THE ADVISORY BOARD, SHALL EITHER REQUIRE AN APPROVED PRODUCER RESPONSI- BILITY PLAN TO BE AMENDED OR REQUIRE THE PRODUCER TO IMPLEMENT ADDI- TIONAL MEASURES. WITHIN FIVE YEARS AFTER THE DEPARTMENT APPROVES THE PRODUCER RESPONSIBILITY PLAN, PRODUCERS SHALL BE REQUIRED TO MEET THE MINIMUM RECOVERY, RECYCLING AND POST-CONSUMER RECYCLED MATERIAL CONTENT RATE FOR A COVERED MATERIAL OR PRODUCT AS APPROVED BY THE DEPARTMENT IN THE PRODUCER RESPONSIBILITY PLAN OR FACE PENALTIES PURSUANT TO SECTION 27-3321 OF THIS TITLE. 5. A PRODUCER SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE IF THE PRODUCER: (A) GENERATES LESS THAN ONE MILLION DOLLARS IN ANNUAL REVENUES; (B) GENERATES LESS THAN ONE TON OF COVERED MATERIALS OR PRODUCTS SUPPLIED TO NEW YORK STATE RESIDENTS PER YEAR; OR (C) OPERATES AS A SINGLE POINT OF RETAIL SALE AND IS NOT SUPPLIED OR OPERATED AS PART OF A FRANCHISE. 6. RETAILERS THAT ARE NOT PRODUCERS ARE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE. 7. PRODUCERS MAY COMPLY INDIVIDUALLY OR MAY FORM A PRODUCER RESPONSI- BILITY ORGANIZATION AND DISCHARGE THEIR RESPONSIBILITIES TO SUCH ORGAN- IZATION. 8. THE DEPARTMENT SHALL ESTABLISH REGULATIONS TO ALLOW VOLUNTARY AGREEMENTS TO BE MADE BETWEEN RESPONSIBLE PARTIES TO PERMIT A RESPONSI- BLE PARTY TO CONVEY A DIFFERENT ORDER OF RESPONSIBILITY THAN DEFINED IN SUBDIVISION 4 OF SECTION 27-3301 OF THIS TITLE AS LONG AS BOTH PARTIES AGREE TO THE CHANGE IN THE HIERARCHY OF RESPONSIBILITY. § 27-3307. FUNDING MECHANISM. 1. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR AGENT SHALL ESTABLISH PROGRAM PARTICIPATION CHARGES FOR PRODUCERS THROUGH THE PRODUCER RESPONSIBILITY PLAN PURSUANT TO SECTION 27-3309 OF THIS TITLE WHICH SHALL BE SUFFICIENT TO ENSURE THE OBLIGATIONS OF THE STATEWIDE NEEDS ASSESSMENT AND THE PRODUCER RESPONSIBILITY PLAN ARE MET. PROVIDED, HOWEVER, THAT COVERED MATERIALS IN THE NEWSPAPER OR MAGAZINE CLASS MAY SATISFY THEIR OBLIGATIONS HEREUNDER BY PROVIDING ADVERTISEMENT OR PUBLICATION IN THEIR NEWSPAPERS, MAGAZINES, AND/OR ON THEIR WEBSITES IN LIEU OF PROGRAM PARTICIPATION CHARGES SO LONG AS THE VALUE OF THE ADVERTISEMENT IS EQUIVALENT TO THE FINANCIAL OBLIGATIONS REQUIRED UNDER AN APPROVED PRODUCER RESPONSIBILITY PLAN. 2. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL STRUCTURE PROGRAM CHARGES TO PROVIDE PRODUCERS WITH FINANCIAL INCENTIVES, TO REWARD WASTE AND SOURCE REDUCTION AND RECYCLING COMPATIBILITY INNOVATIONS AND PRAC- TICES, AND TO DISINCENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PRODUCTS OR WHICH CONTAIN TOXIC SUBSTANCES. THE PRODUCER RESPONSIBILITY ORGANIZATION MAY ADJUST CHARGES TO BE PAID BY PARTICIPAT- ING PRODUCERS BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT A MINIMUM, CHARGES SHALL BE VARIABLE BASED ON: (A) COSTS TO PROVIDE CURBSIDE COLLECTION OR OTHER LEVEL OF RESIDENTIAL SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVIOUS RECYCLING COLLECTION PLAN IN THE PARTICULAR JURISDICTION OR AS CONVENIENT AS THE PREVIOUS REFUSE COLLECTION PLAN IN THE PARTICULAR JURISDICTION SHOULD RECYCLING COLLECTION NOT BE PROVIDED; S. 2508--B 193 (B) COSTS TO PROCESS A PRODUCER'S COVERED MATERIALS OR PRODUCTS FOR ACCEPTANCE BY SECONDARY MATERIAL MARKETS; (C) WHETHER THE COVERED MATERIAL OR PRODUCT WOULD TYPICALLY BE READI- LY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN, THE PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT INCLUDES LABELS, INKS, AND ADHESIVES CONTAINING HEAVY METALS OR OTHER TOXIC SUBSTANCES AS DEFINED BY THE DEPARTMENT IN REGULATIONS THAT WOULD CONTAMINATE THE RECYCLING PROCESS; (D) WHETHER THE COVERED MATERIALS OR PRODUCT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS HIGH REUSE OR REFILL RATE; (E) THE COMMODITY VALUE OF A COVERED MATERIAL OR PRODUCT. 3. THE CHARGES SHALL BE ADJUSTED, OR THE PRODUCERS MAY BE PROVIDED A CREDIT, BASED UPON THE PERCENTAGE OF POST-CONSUMER RECYCLED MATERIAL CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT SHALL BE VERIFIED BY THE PRODUCER RESPONSIBILITY ORGANIZATION OR THROUGH AN INDE- PENDENT THIRD PARTY APPROVED TO PERFORM VERIFICATION SERVICES TO ENSURE THAT SUCH PERCENTAGE EXCEEDS THE MINIMUM REQUIREMENTS IN THE COVERED MATERIAL, AS LONG AS THE RECYCLED CONTENT DOES NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING. 4. IN ADDITION TO THE ANNUAL SCHEDULE OF FEES APPROVED IN THE PRODUCER RESPONSIBILITY PLAN, THE PRODUCER RESPONSIBILITY ORGANIZATION FEE SCHED- ULE MAY INCLUDE A SPECIAL ASSESSMENT ON SPECIFIC CATEGORIES OF COVERED MATERIALS OR PRODUCTS AT THE REQUEST OF RESPONSIBLE ENTITIES REPRESENT- ING AND APPROVED BY THE ADVISORY BOARD IF THE NATURE OF THE COVERED MATERIAL OR PRODUCT IMPOSES UNUSUAL COSTS IN COLLECTION OR PROCESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFECTIVE ACCESS TO RECYCLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING FACILITIES. THE REVENUE FROM THE SPECIAL ASSESSMENT SHALL BE USED TO MAKE SYSTEM IMPROVEMENTS FOR THE SPECIFIC COVERED MATERIALS OR PRODUCTS ON WHICH THE SPECIAL ASSESSMENT WAS APPLIED. 5. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE FOR CALCULATING AND DISPERSING FUNDING AT A REASONABLE RECYCLING PROGRAM FUNDING RATE, AS APPROVED BY THE DEPARTMENT, AND SUCH REASONABLE RATE MAY BE VARIED BASED ON POPULATION DENSITY RATES, FOR MUNICIPAL SERVICES UTILIZED BY A PRODUCER RESPONSIBILITY ORGANIZATION IF THE MUNICIPALITY ELECTS TO BE COMPENSATED BY THE PRODUCER RESPONSIBILITY ORGANIZATION IN THE RECOVERY, RECYCLING, AND PROCESSING OF COVERED MATERIALS AND PRODUCTS, WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY BY THE MUNICI- PALITY OR THROUGH A CONTRACTED SERVICE PROVIDER. IF A MUNICIPALITY DOES NOT ELECT TO PROVIDE SERVICE, THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE FOR CONTRACTING WITH A PRIVATE ENTITY FOR SERVICES AND SHALL BE RESPONSIBLE FOR CALCULATING AND DISBURSING FUNDING AT A REASONABLE RECYCLING PROGRAM RATE FOR COLLECTION, RECYCLING, RECOVERY, AND PROCESSING SERVICES PROVIDED BY THE PRIVATE SECTOR ENTITY CONTRACTED TO PROVIDE SUCH SERVICES. THE PROGRAM FUNDING MECHANISM SHALL BE BASED ON THE COST OF RESIDENTIAL CURBSIDE COLLECTION, INCLUDING THE COST OF CURBSIDE CONTAINERS WHERE RELEVANT, AS WELL AS PROCESSING COST FOR EACH READILY-RECYCLABLE MATERIAL, COST OF HANDLING NON-READILY RECYCLABLE MATERIAL TYPES COLLECTED AS PART OF A RECYCLING OPERATION, TRANSPORTA- TION COST OF RECYCLING FOR EACH MATERIAL TYPE, AND ANY OTHER COST FACTORS AS DETERMINED BY THE DEPARTMENT. TO FACILITATE THE PRODUCER RESPONSIBILITY ORGANIZATION'S DETERMINATION OF THE COST OF RECYCLING, PARTICIPATING MUNICIPALITIES AND PRIVATE SECTOR HAULERS CONTRACTING WITH PRODUCER RESPONSIBILITY ORGANIZATIONS SHALL REPORT DATA RELATED TO THEIR COSTS AND THE VALUE OF MATERIALS TO THE PRODUCER RESPONSIBILITY ORGAN- S. 2508--B 194 IZATION. COST CALCULATIONS SHALL TAKE INTO CONSIDERATION REVENUE GENER- ATED FROM RECYCLABLE MATERIALS. 6. ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE USED TO CARRY OUT LOBBYING ACTIVITIES ON BEHALF OF THE PRODUCER RESPON- SIBILITY ORGANIZATION. 7. NO RETAILER MAY CHARGE A POINT-OF-SALE OR OTHER FEE TO CONSUMERS TO FACILITATE A PRODUCER TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS UNDER THIS TITLE. 8. NOTHING IN THIS TITLE SHALL REQUIRE A MUNICIPALITY TO PARTICIPATE IN A PRODUCER RESPONSIBILITY PROGRAM. 9. THE DEPARTMENT SHALL MAKE SUCH RULES AND REGULATIONS WHICH MAY BE NECESSARY FOR A PRODUCER RESPONSIBILITY ORGANIZATION TO DEVELOP AND MANAGE A FUNDING MECHANISM. § 27-3309. PRODUCER RESPONSIBILITY PLAN AND NEEDS ASSESSMENT. 1. A STATEWIDE NEEDS ASSESSMENT SHALL BE CONDUCTED PRIOR TO THE APPROVAL OF A PRODUCER RESPONSIBILITY PLAN. THE STATEWIDE NEEDS ASSESS- MENT SHALL BE FUNDED BY THE PRODUCERS OR PRODUCER RESPONSIBILITY ORGAN- IZATION, AND SHALL BE CONDUCTED BY AN INDEPENDENT THIRD PARTY APPROVED BY THE DEPARTMENT AND SHALL INCLUDE AN EVALUATION OF THE CAPACITY, COSTS, GAPS, AND NEEDS FOR THE FOLLOWING FACTORS: (A) CURRENT FUNDING NEEDS IMPACTING RECYCLING ACCESS AND AVAILABILITY; (B) EXISTING STATE STATUTORY PROVISIONS AND FUNDING SOURCES FOR RECY- CLING, REUSE, REDUCTION, AND RECOVERY; (C) THE COLLECTION AND HAULING SYSTEM FOR RECYCLABLE MATERIALS IN THE STATE; (D) THE PROCESSING CAPACITY AND INFRASTRUCTURE FOR RECYCLABLE MATERI- ALS IN THE STATE AND REGIONALLY AND IDENTIFYING NECESSARY CAPITAL INVESTMENTS TO EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE; (E) THE MARKET CONDITIONS AND OPPORTUNITIES FOR RECYCLABLE MATERIALS IN THE STATE AND REGIONALLY; (F) CONSUMER EDUCATION NEEDS FOR RECYCLING, REUSE, AND REDUCTION OF COVERED MATERIALS AND PRODUCTS. 2. PRODUCERS, OR A PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, SHALL DEVELOP AND SUBMIT A PRODUCER RESPONSIBIL- ITY PLAN TO THE ADVISORY BOARD. SUCH PLAN SHALL COVER FIVE YEARS AND SHALL BE REVIEWED BY THE ADVISORY BOARD AND UPDATED EVERY FIVE YEARS FOLLOWING THE APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO THE FIVE YEAR PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM POST-CONSUMER RECYCLED MATERIAL CONTENT RATES, MINIMUM RECOVERY OR RECY- CLING RATES, OR OTHER FACTORS OF THE PLAN ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT WARRANTS REVISION OF THE PLAN. THE ADVISORY BOARD SHALL ALSO HAVE THE DISCRETION TO RECOMMEND REVISION OF THE PLAN TO THE DEPARTMENT. THE SUBMITTED PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) CONTACT INFORMATION OF THE PRODUCER RESPONSIBILITY ORGANIZATION AND THE PRODUCER OR PRODUCERS COVERED UNDER THE PLAN; (B) A DESCRIPTION OF HOW COMMENTS OF STAKEHOLDERS WERE CONSIDERED AND, IF APPLICABLE, ADDRESSED IN THE DEVELOPMENT OF THE PLAN; (C) A COMPREHENSIVE LIST OF THE COVERED MATERIALS OR PRODUCTS FOR WHICH THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSI- BLE FOR, WHICH SHALL BE INCLUDED IN THE MINIMUM RECYCLABLE LISTS PURSU- ANT TO SECTION 27-3313 OF THIS TITLE; (D) A FUNDING MECHANISM THAT ALLOCATES THE COSTS TO THE PRODUCERS TO MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFICIENT TO COVER THE COST S. 2508--B 195 OF REGISTERING, OPERATING AND UPDATING THE PLAN, AND MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A FISCALLY PRUDENT AND RESPONSIBLE MANNER; (E) A STRATEGIC CAPITAL INVESTMENT PLAN AND A MECHANISM TO DISPERSE FUNDS FOR EXISTING AND FUTURE INFRASTRUCTURE; (F) A DESCRIPTION OF THE PROCESS FOR PARTICIPATING MUNICIPALITIES TO RECOUP REASONABLE COSTS, BOTH OPERATIONAL AND CAPITAL, FROM THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION, INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, SORTING, COLLECTION, TRANSPORTATION, PUBLIC EDUCATION, OR PROCESSING COSTS, IF THE PRODUCER RESPONSIBILITY ORGANIZATION USES EXISTING SERVICES THROUGH A MUNICIPALITY OR OBTAINS SUCH SERVICES FROM A PRIVATE SECTOR HAULER; (G) A DETAILED DESCRIPTION OF HOW THE PRODUCER OR THE PRODUCER RESPON- SIBILITY ORGANIZATION, CONSULTED WITH THE ADVISORY BOARD IN THE DEVELOP- MENT OF THE PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT, AND TO WHAT EXTENT THE PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SPECIF- ICALLY INCORPORATED THE ADVISORY BOARD'S INPUT INTO THE PLAN. PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL ALSO PROVIDE THE ADVI- SORY BOARD AN OPPORTUNITY TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO ITS SUBMISSION TO THE DEPARTMENT. PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL MAKE AN ASSESSMENT OF COMMENTS RECEIVED AND SHALL PROVIDE A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY BOARD AND SIGNIFICANT CHANGES SUGGESTED BY ANY SUCH COMMENTS, A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE PLAN, AND A DESCRIPTION OF ANY CHANGES MADE TO THE PLAN AS A RESULT OF SUCH COMMENTS; (H) A PROPOSED MINIMUM POST-CONSUMER RECYCLED MATERIAL CONTENT RATE REQUIREMENT, MINIMUM RECOVERY, AND MINIMUM RECYCLING RATE FOR COVERED MATERIALS AND PRODUCTS. THE MINIMUM RATES SHALL BE VARIED FOR EACH COVERED RECYCLED MATERIAL AND SHALL INCLUDE PAPER PRODUCTS, GLASS, METAL, AND PLASTIC; (I) A DESCRIPTION OF A PUBLIC EDUCATION PROGRAM PURSUANT TO SECTION 27-3313 OF THIS TITLE; (J) HOW THE PRODUCERS, OR THE PRODUCER RESPONSIBILITY ORGANIZATION, WILL WORK WITH EXISTING WASTE HAULERS, MATERIAL RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES TO OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL COLLECTION METHODS; (K) A DESCRIPTION OF HOW PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION WILL USE OPEN, COMPETITIVE, AND FAIR PROCUREMENT PRACTICES SHOULD THEY DIRECTLY ENTER INTO CONTRACTUAL AGREEMENTS WITH SERVICE PROVIDERS, INCLUDING MUNICIPALITIES AND PRIVATE ENTITIES; (L) A DESCRIPTION OF HOW A MUNICIPALITY WILL PARTICIPATE, ON A VOLUN- TARY BASIS, WITH COLLECTION AND HOW EXISTING MUNICIPAL RECYCLING PROC- ESSING AND COLLECTION INFRASTRUCTURE WILL BE USED; (M) A DESCRIPTION OF HOW THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, PLANS TO MEET THE CONVENIENCE REQUIREMENTS SET FORTH IN THIS TITLE; (N) A DESCRIPTION OF HOW THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, WILL MEET OR EXCEED THE MINIMUM RATES REQUIRED UNDER THIS TITLE FOR COVERED MATERIALS OR PRODUCT; (O) A DESCRIPTION OF THE PROCESS FOR END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL OF RESIDUALS COLLECTED FOR RECYCLING, USING ENVI- RONMENTALLY SOUND MANAGEMENT PRACTICES; (P) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM PROCESSORS S. 2508--B 196 ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING RECYCLED FEEDSTOCK IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT OBJECTIVES; (Q) A DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE PACKAGING THROUGH PRODUCT DESIGN, SYSTEMS FOR REUSABLE PACKAGING, AND PROGRAM INNOVATIONS; (R) A DESCRIPTION OF HOW A PRODUCER RESPONSIBILITY ORGANIZATION WILL INVEST IN EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVELOPMENT IN THE STATE, INCLUDING, BUT NOT LIMITED TO, INSTALL- ING OR UPGRADING EQUIPMENT TO IMPROVE SORTING OF COVERED MATERIALS AND PRODUCTS OR MITIGATING THE IMPACTS OF COVERED MATERIALS AND PRODUCTS TO OTHER COMMODITIES AT EXISTING SORTING AND PROCESSING FACILITIES, AND CAPITAL EXPENDITURES FOR NEW TECHNOLOGY, EQUIPMENT, AND FACILITIES; (S) A PROCESS TO ADDRESS CONCERNS AND QUESTIONS FROM CUSTOMERS AND RESIDENTS; AND (T) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT THROUGH REGU- LATIONS. 3. THE DEPARTMENT SHALL PROMULGATE A REGISTRATION FEE SCHEDULE TO COVER ADMINISTRATIVE COSTS, INCLUDING A SCHEDULE FOR RE-EVALUATING THE FEE STRUCTURE ON AN ANNUAL BASIS AND SHALL CONSIDER IF FEES SHOULD BE ADJUSTED TO INCENTIVIZE PERFORMANCE. SUCH FEES COLLECTED BY THE DEPART- MENT SHALL ONLY BE USED FOR THE IMPLEMENTATION, OPERATION, AND ENFORCE- MENT OF THIS TITLE, INCLUDING APPROVED COSTS ASSOCIATED WITH THE ADVI- SORY PANEL. § 27-3311. PRODUCER RESPONSIBILITY PLAN APPROVAL. 1. BEFORE REJECTION OR APPROVAL OF A PRODUCER RESPONSIBILITY PLAN CAN BE MADE IN ACCORDANCE WITH THIS TITLE, THE PRODUCER OR PRODUCER RESPON- SIBILITY ORGANIZATION SHALL SUBMIT THE PLAN TO THE PRODUCER RESPONSIBIL- ITY ADVISORY BOARD. 2. WITHIN SIXTY DAYS OF THE ADVISORY BOARD MAKING A RECOMMENDATION TO THE DEPARTMENT, THE DEPARTMENT SHALL MAKE A DETERMINATION TO APPROVE THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE PLAN, WITH REASONS FOR THE DENIAL. THE ADVISORY BOARD IN RECOMMENDING, AND THE DEPARTMENT IN APPROVING A PLAN, SHALL CONSIDER THE FOLLOWING IN WHETHER TO APPROVE A PLAN: (A) THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN SECTION 27-3309 OF THIS TITLE WITH SUFFICIENT DETAIL TO DEMONSTRATE THAT THE OBJECTIVE OF THE PLAN WILL BE MET; (B) THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION WITH THE ADVISORY BOARD, HAS PROVIDED AN OPPORTUNITY FOR THE ADVISORY BOARD'S INPUT IN THE IMPLEMENTATION AND OPERATION OF THE PLAN PRIOR TO SUBMISSION OF THE PLAN, AND HAS THOROUGHLY DESCRIBED HOW THE THE ADVI- SORY BOARD'S INPUT WILL BE ADDRESSED BY AND INCORPORATED INTO THE PLAN PURSUANT TO PARAGRAPH (F) OF SUBDIVISION 1 OF SECTION 27-3309 OF THIS TITLE; (C) THE PLAN ADEQUATELY PROVIDES FOR: (I) THE PRODUCER COLLECTING AND FUNDING THE COSTS OF COLLECTING AND PROCESSING PRODUCTS COVERED BY THE PLAN OR REIMBURSING A MUNICIPALITY; (II) THE FUNDING MECHANISM TO COVER THE ENTIRE COST OF THE PROGRAM; (III) CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR COLLECTION SERVICES; (IV) A FORMULAIC SYSTEM FOR EQUITABLE DISTRIBUTION OF FUNDS; (V) COMPREHENSIVE PUBLIC EDUCATION AND OUTREACH; AND (VI) AN EVALUATION SYSTEM FOR THE FEE STRUC- TURE, WHICH SHALL BE EVALUATED ON AN ANNUAL BASIS BY THE PRODUCER RESPONSIBILITY ORGANIZATION AND RE-SUBMITTED TO THE DEPARTMENT ANNUALLY; (D) THE PLAN TAKES INTO CONSIDERATION A POST-CONSUMER CONTENT RATE AND RECOVERY AND RECYCLING RATES THAT WILL CREATE OR ENHANCE MARKETS FOR RECYCLED MATERIALS, THERE IS A PLAN TO ADJUST THE MINIMUM RATES ON AN S. 2508--B 197 ANNUAL BASIS, AND THE PLAN INCENTIVES WASTE PREVENTION AND REDUCTION. SUCH POST-CONSUMER CONTENT RATES, AND SUCH ADJUSTMENTS TO THE RATES, SHALL TAKE INTO CONSIDERATION: (I) CHANGES IN MARKET CONDITIONS, INCLUDING SUPPLY AND DEMAND FOR POST-CONSUMER RECYCLED PLASTICS, RECOV- ERY RATES, AND BALE AVAILABILITY BOTH DOMESTICALLY AND GLOBALLY; (II) RECYCLING RATES; (III) THE AVAILABILITY OF RECYCLED MATERIALS SUITABLE TO MEET THE MINIMUM RECYCLED CONTENT GOALS, INCLUDING THE AVAILABILITY OF HIGH-QUALITY RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED MATERIALS; (IV) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE; (V) UTILI- ZATION RATES OF THE MATERIAL; AND (VI) THE PROGRESS MADE BY PRODUCERS IN MEETING THE POST-CONSUMER RECYCLED TARGETS BY MATERIAL TYPE; (E) THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THAT IS, AT MINIMUM, AS CONVENIENT AS CURBSIDE COLLECTION OR AS CONVENIENT AS THE PREVIOUS WASTE COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION; (F) THE PLAN ADEQUATELY CONSIDERS THE STATE'S SOLID WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THIS ARTICLE; (G) THE DEPARTMENT MAY ESTABLISH ADDITIONAL PLAN REQUIREMENTS IN ADDI- TION TO THOSE IDENTIFIED HEREIN TO FULFILL THE INTENT OF THIS TITLE; PROVIDED, HOWEVER, THAT ANY ADDITIONAL REQUIREMENTS SHALL BE ESTABLISHED ONE YEAR PRIOR TO A REQUIRED SUBMISSION OF A PLAN UNLESS SUCH ADDITIONAL REQUIREMENTS ARE IN RELATION TO THE POWER GRANTED TO THE DEPARTMENT IN SUBDIVISION 4 OF SECTION 27-3305 OF THIS TITLE. 3. NO LATER THAN SIX MONTHS AFTER THE DATE THE PLAN IS APPROVED, THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, SHALL IMPLEMENT THE APPROVED PLAN. THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY TIME WITH CAUSE AND DOCUMENTED JUSTIFICATION. § 27-3313. COLLECTION AND CONVENIENCE. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR WIDESPREAD, CONVENIENT, AND EQUITABLE ACCESS TO COLLECTION OPPORTUNITIES FOR THE COVERED MATERIALS AND PRODUCTS IDENTIFIED UNDER THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S PLAN AT NO ADDITIONAL COST TO RESIDENTS. SUCH OPPORTUNITIES SHALL BE PROVIDED TO ALL RESIDENTS OF NEW YORK IN A MANNER THAT IS AS CONVENIENT AS THE COLLECTION OF MUNICIPAL SOLID WASTE. A PRODUCER RESPONSIBILITY ORGANIZATION SHALL ENSURE SERVICES CONTINUE FOR CURBSIDE RECYCLING PROGRAMS THAT A MUNICIPALITY SERVES AS OF THE EFFECTIVE DATE OF THIS ARTICLE, EITHER DIRECTLY OR THROUGH A CONTRACT TO PROVIDE SERVICES, AND THAT SUCH SERVICES ARE CONTINUED THROUGH THE PLAN. A PRODUCER RESPONSIBILITY PLAN MAY NOT RESTRICT A JURISDICTION'S RESIDENT'S ABILITY TO CONTRACT DIRECTLY WITH THIRD PARTIES TO OBTAIN RECYCLING COLLECTION SERVICES IF RESIDENTS HAVE THE OPTION TO ENTER INTO SUCH CONTRACTS AS OF THE EFFECTIVE DATE OF THIS TITLE, AS LONG AS THE RESIDENT STILL VOLUNTARILY CHOOSES TO CONTRACT DIRECTLY WITH THE THIRD PARTY. A PRODUCER RESPONSIBILITY ORGANIZATION MAY RELY ON A RANGE OF MEANS TO COLLECT VARIOUS CATEGORIES OF COVERED MATERIALS OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, CURBSIDE COLLECTION, DEPOT DROP-OFF, AND RETAILER TAKE-BACK SO LONG AS COVERED MATERIALS AND PRODUCTS COLLECTION OPTIONS INCLUDE CURBSIDE RECYCLING COLLECTION SERVICES PROVIDED BY MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, OR OTHER APPROVED ENTITIES AS IDENTIFIED BY THE DEPARTMENT IF: 1. THE CATEGORY OF COVERED MATERIALS AND PRODUCTS IS SUITABLE FOR RESIDENTIAL CURBSIDE RECYCLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIVING THE CURBSIDE COLLECTED MATERIAL; 2. THE RECYCLING FACILITY PROVIDING PROCESSING AND SORTING SERVICE AGREES TO INCLUDE THE CATEGORY OF COVERED MATERIALS AND PRODUCTS AS AN ACCEPTED MATERIAL; S. 2508--B 198 3. THE COVERED MATERIALS AND PRODUCTS CATEGORY IS NOT HANDLED THROUGH A DEPOSIT AND RETURN SCHEME OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER THAN CURBSIDE OR MULTI-FAMILY COLLECTION; AND 4. THE PROVIDER OF THE RESIDENTIAL CURBSIDE RECYCLING SERVICE AGREES TO THE PRODUCER RESPONSIBILITY ORGANIZATION SERVICE PROVIDER COSTS ARRANGEMENT. 5. (A) THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL ADOPT A LIST OF MINIMUM TYPES OF READILY RECYCLABLE MATERIALS AND PRODUCTS BASED ON AVAILABLE COLLECTION AND PROCESSING INFRASTRUCTURE AND RECYCLING MARKETS FOR COVERED MATERIALS AND PRODUCTS. THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL UPDATE AND ADOPT THE LIST ON AN ANNUAL BASIS, IN CONSULTATION WITH THE ADVISORY BOARD, IN RESPONSE TO COLLECTION AND PROCESSING IMPROVEMENTS AND CHANGES IN RECYCLING END MARKETS. IF THERE ARE MULTIPLE LISTS, THE DEPARTMENT SHALL COMPILE THE LISTS AND SHALL PUBLISH A COMPILED LIST TO THE PUBLIC. SUCH LISTS MAY VARY BY GEOGRAPHIC REGION DEPENDING ON REGIONAL MARKETS AND REGIONAL COLLECTION AND PROCESSING INFRASTRUCTURE. (B) ALL MUNICIPALITIES OR PRIVATE RECYCLING SERVICE PROVIDERS SHALL PROVIDE FOR THE COLLECTION AND RECYCLING OF ALL IDENTIFIED MATERIALS AND PRODUCTS CONTAINED ON THE LIST OF MINIMUM RECYCLABLES, BASED ON GEOGRAPHIC REGIONS, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT; PROVIDED, HOWEVER, NOTHING SHALL PENALIZE A MUNICIPALITY OR PRIVATE RECYCLING SERVICE FOR RECOVERING AND RECYCLING MATERIALS THAT ARE GENERATED IN THE MUNICIPALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON THE LIST OF MINIMUM TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS AS LONG AS IT CAN BE DEMONSTRATED THAT SUCH MATERIALS HAVE A MARKET. REIMBURSEMENT SHALL COVER RECYCLING OF ALL COVERED MATERIALS AND PRODUCTS SO LONG AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLABLE LIST. (C) THE DEPARTMENT MAY GRANT AN EXCEPTION OF THE REQUIREMENTS IN PARA- GRAPH (B) OF THIS SUBDIVISION UPON A WRITTEN SHOWING BY THE MUNICIPALITY OR PRIVATE RECYCLING SERVICE THAT COMPLIANCE WITH THE REQUIREMENT IS NOT PRACTICABLE FOR A SPECIFIC IDENTIFIED PRODUCT OR MATERIAL AND IF THE DEPARTMENT FINDS IT IS IN THE BEST INTEREST OF THE INTENT OF THIS TITLE TO GRANT THEM AN EXTENSION; PROVIDED, HOWEVER, THAT THE EXTENSION GRANT- ED BY THE DEPARTMENT SHALL NOT EXCEED TWELVE MONTHS. § 27-3315. OUTREACH AND EDUCATION. 1. THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION, SHALL PROVIDE EFFECTIVE OUTREACH, EDUCATION, AND COMMUNICATIONS TO CONSUMERS THROUGHOUT NEW YORK STATE REGARDING: (A) PROPER END-OF-LIFE MANAGEMENT OF COVERED PRODUCTS AND MATERIALS; (B) THE LOCATION AND AVAILABILITY OF CURBSIDE RECYCLING AND ADDITIONAL DROP-OFF COLLECTION OPPORTUNITIES; (C) HOW TO PREVENT LITTER OF COVERED MATERIALS AND PRODUCTS IN THE PROCESS OF COLLECTION; AND (D) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE- WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL LAWS AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY ACCES- SIBLE. 2. THE OUTREACH AND EDUCATION REQUIRED PURSUANT TO SUBDIVISION 1 OF THIS SECTION SHALL: (A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF COVERED PRODUCTS UNDER THIS TITLE, INCLUDING THE PREVENTION OF CONTAMINATION OF COVERED PRODUCTS; (B) INCORPORATE, AT A MINIMUM, ELECTRONIC, PRINT, WEB-BASED, AND SOCIAL MEDIA ELEMENTS THAT MUNICIPALITIES COULD UTILIZE AT THEIR DISCRETION; S. 2508--B 199 (C) BE COORDINATED ACROSS PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; (D) INCLUDE, AT A MINIMUM: CONSULTING ON EDUCATION, OUTREACH, AND COMMUNICATIONS WITH LOCAL GOVERNMENTS AND OTHER STAKEHOLDERS; COORDINAT- ING WITH AND ASSISTING LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS, SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES; AND DEVELOPING AND PROVIDING OUTREACH AND EDUCATION TO THE DIVERSE ETHNIC POPULATIONS IN THE STATE; AND (E) A PLAN TO WORK WITH PARTICIPATING PRODUCERS TO LABEL COVERED PRODUCTS, IN ACCORDANCE WITH REASONABLE LABELING STANDARDS, WITH INFOR- MATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCLING COVERED MATERIALS AND PRODUCTS. 3. THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL CONSULT WITH MUNICIPALITIES ON THE DEVELOPMENT OF EDUCATIONAL MATERIALS AND MAY COORDINATE WITH MUNICIPALITIES ON OUTREACH AND COMMUNICATION. 4. THE DEPARTMENT SHALL DETERMINE THE EFFECTIVENESS OF OUTREACH AND EDUCATION EFFORTS UNDER THIS SECTION TO DETERMINE WHETHER CHANGES ARE NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION EFFORTS AND DEVELOP INFORMATION THAT MAY BE USED TO IMPROVE OUTREACH AND EDUCATION EFFORTS UNDER THIS SECTION. 5. THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE OUTREACH, EDUCATION, AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR EXCEEDING THE RECOVERY AND RECYCLING RATES. § 27-3317. REPORTING REQUIREMENTS AND AUDITS. 1. ONE YEAR AFTER A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S FIRST PLAN IS APPROVED, AND ANNUALLY THEREAFTER, EACH PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT, SHALL SUBMIT A REPORT TO THE DEPARTMENT THAT DETAILS THE PERFORMANCE FOR THE PRIOR YEAR'S PROGRAM. THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND ON THE WEBSITE OF THE PRODUCER, OR PRODUCER RESPONSIBILITY ORGANIZATION ACTING AS THEIR DESIGNATED AGENT. SUCH ANNUAL REPORT SHALL INCLUDE: (A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT AND PROCESS COVERED MATERIALS AND PRODUCTS INCLUDING DETAILING COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S COLLECTION CONVENIENCE; (B) A DESCRIPTION OF THE STATUS OF ACHIEVING THE RECOVERY AND RECYCL- ING RATES AS SET FORTH IN THE PLAN PURSUANT TO THIS TITLE AND WHAT EFFORTS ARE PROPOSED IN THE EVENT OF FAILING TO ACHIEVE SUCH RATES; (C) A DESCRIPTION ON THE STATUS OF ACHIEVING THE POST-CONSUMER RECY- CLED CONTENT RATES AS SET FORTH IN THE PLAN PURSUANT TO THIS TITLE, AND WHAT EFFORTS ARE PROPOSED IN THE EVENT OF FAILING TO ACHIEVE SUCH RATES; (D) THE AMOUNT OF COVERED MATERIALS AND PRODUCTS COLLECTED IN THE STATE BY MATERIAL TYPE; (E) THE AMOUNT AND TYPE OF COVERED MATERIALS AND PRODUCTS COLLECTED IN THE STATE BY THE METHOD OF DISPOSITION BY MATERIAL TYPE; (F) THE TOTAL COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR; (G) INFORMATION REGARDING THE INDEPENDENTLY AUDITED FINANCIAL STATE- MENTS DETAILING ALL PAYMENTS RECEIVED AND ISSUED BY THE PRODUCERS COVERED BY THE APPROVED PLAN; (H) A COPY OF THE INDEPENDENT AUDIT; (I) A DETAILED DESCRIPTION OF WHETHER THE PROGRAM COMPENSATES MUNICI- PALITIES, SOLID WASTE COLLECTION, SORTING AND PROCESSING FACILITIES, AND OTHER APPROVED ENTITIES FOR THEIR RECYCLING EFFORTS AND OTHER RELATED SERVICES PROVIDED BY THE ABOVE ENTITIES; S. 2508--B 200 (J) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OR OTHER ENTITIES; (K) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED; AND (1) A DETAILED DESCRIPTION OF INVESTMENTS MADE IN REUSE AND RECYCLING INFRASTRUCTURE AND MARKET DEVELOPMENT. 2. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN- TIAL INFORMATION THAT THE DEPARTMENT FINDS TO BE PROTECTED PROPRIETARY INFORMATION. FOR PURPOSES OF THIS TITLE, PROTECTED PROPRIETARY INFORMA- TION SHALL MEAN INFORMATION THAT, IF MADE PUBLIC, WOULD DIVULGE COMPET- ITIVE BUSINESS INFORMATION, METHODS OR PROCESSES ENTITLED TO PROTECTION AS TRADE SECRETS OF SUCH PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA- TION OR INFORMATION THAT WOULD REASONABLY HINDER THE PRODUCER OR PRODUC- ER RESPONSIBILITY ORGANIZATION'S COMPETITIVE ADVANTAGE IN THE MARKET- PLACE. § 27-3319. ANTITRUST PROTECTIONS. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION THAT ORGANIZES THE COLLECTION, TRANSPORTATION, AND PROCESSION OF COVERED MATERIALS AND PRODUCTS, IN ACCORDANCE WITH A PRODUCER RESPONSIBILITY PLAN APPROVED UNDER THIS TITLE, SHALL NOT BE LIABLE FOR ANY CLAIM OF A VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR UNFAIR TRADE PRACTICE ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM PURSUANT TO THIS TITLE; PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO ANY AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OF A COVERED MATERIAL, PRODUCT, OR THE OUTPUT OR PRODUCTION OF ANY AGREEMENT RESTRICTING THE GEOGRAPHIC AREA OR CUSTOMERS TO WHICH A COVERED MATERIAL OR PRODUCT WILL BE SOLD. § 27-3321. PENALTIES. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION- ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE 71 OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. 2. (A) ANY PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION WHO VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, INCLUDING COMPLIANCE WITH REQUIREMENTS RELATED TO THE PRODUCER RESPONSI- BILITY PLAN, OR ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR ARTICLE 71 OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOU- SAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION, THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR A THIRD OR SUBSE- QUENT VIOLATION COMMITTED WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION, THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED TWENTY THOUSAND DOLLARS AND AN ADDITIONAL S. 2508--B 201 PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. (B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA- TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE 71 OF THIS CHAPTER. 3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART- MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL DENIED. 4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION 92-S OF THE STATE FINANCE LAW. § 27-3323. STATE PREEMPTION. JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING TO THE RECOVERY OF COVERED MATERIALS BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE; PROVIDED, HOWEVER, THAT (I) NOTHING IN THIS SECTION SHALL PRECLUDE ANY CITY, TOWN, VILLAGE OR OTHER LOCAL PLANNING UNITS, WHICH ALREADY HAS IN PLACE ON THE EFFECTIVE DATE OF THIS TITLE ANY LOCAL LAW, ORDINANCE OR REGULATION GOVERNING A MUNICIPALLY-OPERATED RECYCLING PROGRAM OR COLLECTION PROGRAM OPERATED ON BEHALF OF SUCH MUNICIPALITY, FROM DETER- MINING WHAT MATERIALS SHALL BE INCLUDED FOR RECYCLING IN SUCH MUNICIPAL RECYCLING COLLECTION PROGRAM, OR SHALL PRECLUDE ANY SUCH LOCAL LAW, ORDINANCE OR REGULATION WHICH PROVIDES ENVIRONMENTAL PROTECTION EQUAL TO OR GREATER THAN THE PROVISIONS OF THIS TITLE OR RULES PROMULGATED HERE- UNDER, AND (II) THAT NOTHING IN THIS SECTION SHALL PRECLUDE A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE COLLECTION OF COVERED MATERIALS AND PRODUCTS. § 27-3325. AUTHORITY TO PROMULGATE RULES AND REGULATIONS. THE COMMISSIONER SHALL HAVE THE POWER TO PROMULGATE RULES AND REGU- LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE. § 27-3327. OTHER ASSISTANCE PROGRAMS. NOTHING IN THIS TITLE SHALL IMPACT AN ENTITY'S ELIGIBILITY FOR ANY STATE OR LOCAL INCENTIVE OR ASSISTANCE PROGRAM TO WHICH THEY ARE OTHER- WISE ELIGIBLE. § 27-3329. SEVERABILITY. THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY. § 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. PART DDD Section 1. The agriculture and markets law is amended by adding a new article 27 to read as follows: ARTICLE 27 NOURISH NEW YORK SECTION 450. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. S. 2508--B 202 451. DEFINITIONS. 452. NOURISH NEW YORK PROGRAM. § 450. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. WHILE THE NOUR- ISH NEW YORK PROGRAM WAS DEVELOPED IN RESPONSE TO DISRUPTED FOOD SUPPLY CHAINS DUE TO THE COVID-19 PANDEMIC, IT HAS EMERGED AS AN IMPORTANT INNOVATION, SIGNIFICANTLY SUPPORTING THE STATE'S FARMS WHILE PROVIDING NOURISHING FRESH FOODS TO PEOPLE EXPERIENCING FOOD INSECURITY. THE COVID-19 CRISIS UNVEILED THE WEAKNESSES IN OUR STATE'S FOOD SUPPLY SYSTEM AND HAS CAUSED SERIOUS ECONOMIC HARDSHIPS FOR THE STATE'S FARMS AND AGRIBUSINESSES. BUT, IN THE TEN MONTHS SINCE ITS INCEPTION, NOURISH NEW YORK HAS ALREADY STRENGTHENED THE STATE'S FOOD SUPPLY NETWORK AND EXPANDED MARKETS FOR NEW YORK FARM PRODUCTS. THE LOCAL FOOD MOVEMENT HAS ALSO GAINED SIGNIFICANT MOMENTUM DURING THE PANDEMIC, WITH INCREASING NUMBERS OF NEW YORKERS WANTING TO KNOW WHERE THEIR FOOD IS SOURCED. THIS PRESENTS THE STATE WITH A MAJOR OPPORTUNITY TO SUPPORT OUR LOCAL ECONOMIES AND CREATE GREATER EQUITY IN OUR FOOD SYSTEM BY PROVIDING GREATER ACCESS TO LOCAL, HEALTHY OPTIONS IN FOOD INSECURE AREAS THROUGH MAKING THE NOURISH NEW YORK PROGRAM PERMANENT. § 451. DEFINITIONS. 1. "FOOD RELIEF ORGANIZATION" MEANS A RELIGIOUS ORGANIZATION OR OTHER NOT-FOR-PROFIT THAT PROVIDES FOOD FOR FREE TO PERSONS EXPERIENCING FOOD INSECURITY, INCLUDING BUT NOT LIMITED TO A FOOD PANTRY, FOOD BANK, OR SOUP KITCHEN OR COMMUNITY-BASED ORGANIZATION THAT PROVIDES FOOD FOR FREE TO PERSONS EXPERIENCING FOOD INSECURITY. 2. "SURPLUS AGRICULTURAL PRODUCTS" MEANS CONSUMABLE OR EDIBLE AGRICUL- TURAL PRODUCTS GROWN IN NEW YORK BUT SHALL NOT INCLUDE CONDIMENTS, SWEETENERS OR BEVERAGES CONTAINING ALCOHOL. § 452. NOURISH NEW YORK PROGRAM. 1. THE COMMISSIONER SHALL, TO THE EXTENT PERMITTED BY STATE OR FEDERAL APPROPRIATIONS FOR SUCH PURPOSE, FACILITATE PROGRAMMING THAT ENSURES SURPLUS AGRICULTURAL PRODUCTS ARE PROVIDED TO FOOD RELIEF ORGANIZATIONS AT COMPETITIVE WHOLESALE PRICES. 2. THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE AND INFORMATION ABOUT THE PROGRAM TO FOOD RELIEF ORGANIZATIONS, PRODUCERS OF SURPLUS AGRICULTURAL PRODUCTS AND THE PUBLIC, INCLUDING, BUT NOT LIMITED TO, INFORMATION POSTED ON THE DEPARTMENT'S WEBSITE. 3. THE COMMISSIONER SHALL PROVIDE MEANS, WHICH MAY INCLUDE POSTING ON THE DEPARTMENT'S WEBSITE, FOR PRODUCERS TO MAKE AVAILABLE SURPLUS AGRI- CULTURAL PRODUCTS AND FOR FOOD RELIEF ORGANIZATIONS TO ACCESS SURPLUS AGRICULTURAL PRODUCTS. 4. THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL REVIEW THE CURRENT FUNDING STRUCTURE, FUNDING ADEQUACY AND CURRENT SERVICE LEVELS OF THE HUNGER PREVENTION NUTRITION ASSISTANCE PROGRAM IN ALL REGIONS OF THE STATE. REVIEW OF CURRENT SERVICE LEVELS SHALL TAKE INTO ACCOUNT THE SIZE OF THE SERVICE AREA, THE POPULATION IN NEED OF SUCH HUNGER PREVENTION NUTRITION ASSISTANCE PROGRAM AND THE NEED FOR ADDITIONAL FACILITIES WITHIN A REGION IN ORDER TO ADDRESS INCREASING FOOD INSECURITY AND HUNGER. FOLLOWING SUCH REVIEW, THE COMMISSIONER SHALL MAKE AND REPORT ANY RECOMMENDATIONS, INCLUDING BUT NOT LIMITED TO, INCREASING THE MAXIMUM AMOUNT OF MONEY EACH FOOD PANTRY MAY BE ALLOCATED BY SUCH PROGRAM, WHETHER SUCH PROGRAM FUNDING SHOULD BE INDEXED FOR INFLATION ANNUALLY, AND ANY STRUCTURAL AND FUNDING ADEQUACY CHANGES DEEMED NECESSARY. 5. THE COMMISSIONER SHALL REVIEW AND REPORT ON THE NEED TO ESTABLISH A GRANT PROGRAM TO FUND THE PURCHASE OF COLD STORAGE EQUIPMENT FOR REGIONAL FOOD BANKS, FOOD PANTRIES AND OTHER EMERGENCY FOOD ORGANIZA- TIONS. SUCH GRANT PROGRAM SHALL PRIORITIZE REGIONS OF THE STATE THAT HAVE THE HIGHEST DEMAND FOR EMERGENCY FOOD AND REGIONS OF THE STATE S. 2508--B 203 WHERE REGIONAL FOOD BANKS AND PANTRIES HAVE DETERMINED THE NEED FOR MORE CAPACITY TO SAFELY STORE PERISHABLE FOOD BEFORE SUCH FOOD IS DISTRIB- UTED. SUCH REPORT SHALL BE COMPLETED AND SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE NO LATER THAN FEBRUARY FIRST, TWO THOUSAND TWENTY-TWO. § 2. This act shall take effect immediately. PART EEE Section 1. Short title. This act shall be known and may be cited as the "comprehensive broadband connectivity act". § 2. Legislative findings. The legislature hereby finds and declares that more granular and adequate broadband mapping is an essential next step in continuing the progress of expanding access to high-quality, affordable broadband access in New York State. The New York Broadband Program has helped expand broadband service to hundreds of thousands of previously underserved New Yorkers. However, many still lack access. Due to a lack of comprehensive data, measuring the true extent of this problem has been hampered by the limitations of federal data on broad- band access. More accurate and comprehensive data is necessary to complete the State's work in ensuring truly universal broadband access. § 3. The public service law is amended by adding a new section 224-c to read as follows: § 224-C. BROADBAND AND FIBER OPTIC SERVICES. 1. FOR THE PURPOSES OF THIS SECTION: (A) THE TERM "SERVED" MEANS ANY LOCATION WITH AT LEAST TWO INTERNET SERVICE PROVIDERS AND AT LEAST ONE SUCH PROVIDER OFFERS HIGH-SPEED INTERNET SERVICE. (B) THE TERM "UNDERSERVED" MEANS ANY LOCATION WHICH HAS FEWER THAN TWO INTERNET SERVICE PROVIDERS, OR HAS INTERNET SPEEDS OF AT LEAST 25 MEGA- BITS PER SECOND (MBPS) DOWNLOAD BUT LESS THAN 100 MBPS DOWNLOAD AVAIL- ABLE. (C) THE TERM "UNSERVED" MEANS ANY LOCATION WHICH HAS NO FIXED WIRELESS SERVICE OR WIRED SERVICE WITH SPEEDS OF 25 MBPS DOWNLOAD OR LESS AVAIL- ABLE. (D) THE TERM "HIGH-SPEED INTERNET SERVICE" MEANS INTERNET SERVICE OF AT LEAST 100 MBPS DOWNLOAD AND AT LEAST 10 MBPS UPLOAD. (E) THE TERM "BROADBAND SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, BUT SHALL NOT INCLUDE DIAL-UP SERVICE. (F) THE TERM "LOCATION" SHALL MEAN A GEOGRAPHIC AREA SMALLER THAN A CENSUS TRACT. (G) THE TERM "INTERNET SERVICE PROVIDER" SHALL MEAN ANY PERSON, BUSI- NESS OR ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES INDIVIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO CONNECT TO THE INTERNET. 2. THE COMMISSION SHALL STUDY THE AVAILABILITY, AFFORDABILITY AND RELIABILITY OF HIGH-SPEED INTERNET AND BROADBAND SERVICES IN NEW YORK STATE. THE COMMISSION SHALL, WITH THE ASSISTANCE OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, TO THE EXTENT PRACTICABLE UNDER NEW YORK STATE LAW: (A) ASSESS THE EFFICACY AND MAKE RECOMMENDATIONS REGARDING LEVELS OF COMPETITION AMONG PROVIDERS, AS WELL AS ANY REGULATORY AND STATUTORY BARRIERS, IN ORDER TO DELIVER COMPREHENSIVE STATEWIDE ACCESS TO HIGH- SPEED INTERNET; S. 2508--B 204 (B) REVIEW AVAILABLE TECHNOLOGY TO IDENTIFY SOLUTIONS THAT BEST SUPPORT HIGH-SPEED INTERNET SERVICE IN UNDERSERVED OR UNSERVED AREAS, AND MAKE RECOMMENDATIONS ON ENSURING DEPLOYMENT OF SUCH TECHNOLOGY IN UNDERSERVED AND UNSERVED AREAS; (C) IDENTIFY INSTANCES WHERE LOCAL FRANCHISE AGREEMENTS AND LEGAL SETTLEMENTS RELATED TO INTERNET ACCESS HAVE NOT BEEN COMPLIED WITH; (D) IDENTIFY LOCATIONS WHERE INSUFFICIENT ACCESS TO HIGH-SPEED INTER- NET AND/OR BROADBAND SERVICE, AND/OR PERSISTENT DIGITAL DIVIDE, IS CAUS- ING NEGATIVE SOCIAL OR ECONOMIC IMPACT ON THE COMMUNITY; (E) IDENTIFY LOCATIONS WHERE THE COMMISSION BELIEVES FIBER OPTIC SERVICE IS NECESSARY FOR THE SUCCESSFUL IMPLEMENTATION OF COMMISSION'S POLICIES ON COMPETITION, AFFORDABILITY, AND ADEQUATE SERVICE; (F) EXAMINE ANY OTHER TELECOMMUNICATIONS DEFICIENCIES AFFECTING BROAD- BAND SERVICE IT DEEMS NECESSARY TO FURTHER THE ECONOMIC AND SOCIAL GOALS OF THE STATE; AND (G) PRODUCE, MAINTAIN AND PUBLISH ON ITS WEBSITE, A DETAILED INTERNET ACCESS MAP OF THE STATE, INDICATING ACCESS TO INTERNET SERVICE BY LOCATION. SUCH MAP SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION FOR EACH LOCATION: (I) DOWNLOAD AND UPLOAD SPEEDS ADVERTISED AND EXPERIENCED; (II) THE CONSISTENCY AND RELIABILITY OF DOWNLOAD AND UPLOAD SPEEDS INCLUDING LATENCY; (III) THE TYPES OF INTERNET SERVICE AND TECHNOLOGIES AVAILABLE INCLUD- ING BUT NOT LIMITED TO DIAL-UP, BROADBAND, WIRELESS, FIBER, COAX, OR SATELLITE; (IV) THE NUMBER OF INTERNET SERVICE PROVIDERS AVAILABLE, THE PRICE OF INTERNET SERVICE AVAILABLE; AND (V) ANY OTHER FACTORS THE COMMISSION MAY DEEM RELEVANT. 3. THE COMMISSION SHALL SUBMIT A REPORT OF ITS FINDINGS AND RECOMMEN- DATIONS FROM THE STUDY REQUIRED IN SUBDIVISION TWO OF THIS SECTION, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AN UPDATED REPORT ANNUALLY THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A) THE OVERALL NUMBER OF RESIDENCES WITH ACCESS TO HIGH-SPEED INTER- NET IDENTIFYING WHICH AREAS ARE SERVED, UNSERVED AND UNDERSERVED; (B) A REGIONAL SURVEY OF INTERNET SERVICE PRICES IN COMPARISON TO COUNTY-LEVEL MEDIAN INCOME; (C) AN ANALYSIS OF THE AFFORDABILITY OF HIGH-SPEED INTERNET SERVICE IN NEW YORK STATE; (D) ANY RELEVANT USAGE STATISTICS; (E) ANY OTHER METRICS OR ANALYSES THE COMMISSION DEEMS NECESSARY IN ORDER TO ASSESS THE AVAILABILITY, AFFORDABILITY AND RELIABILITY OF INTERNET SERVICE IN NEW YORK STATE; AND (F) THE MAP MAINTAINED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION TWO OF THIS SECTION. 4. THE COMMISSION SHALL HOLD AT LEAST FOUR REGIONAL PUBLIC HEARINGS WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO SOLICIT INPUT FROM THE PUBLIC AND OTHER STAKEHOLDERS INCLUDING BUT NOT LIMITED TO INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS CONCERNS, LABOR ORGANIZA- TIONS, PUBLIC SAFETY ORGANIZATIONS, HEALTHCARE, EDUCATION, AGRICULTURAL AND OTHER BUSINESSES OR ORGANIZATIONS. 5. THE COMMISSION SHALL WORK WITH INTERNET SERVICE PROVIDERS IN THE STATE TO PRIORITIZE ACCESS TO BROADBAND AND FIBER OPTIC SERVICES FOR THE COMMUNITIES DETERMINED TO HAVE EXPERIENCED NEGATIVE ECONOMIC AND SOCIAL S. 2508--B 205 IMPACTS DUE TO ABSENT, INSUFFICIENT, OR INADEQUATE BROADBAND OR FIBER OPTIC SERVICE PURSUANT TO SUBDIVISION ONE OF THIS SECTION. 6. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE COMMISSION MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR ANY STATE PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE COMMISSION TO CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION. § 4. This act shall take effect on the thirtieth day after it shall have become a law. PART FFF Section 1. Short title. This act shall be known and may be cited as the "E-Let's Expand Access to Remote Now (E-LEARN) Act". § 2. Legislative intent. The legislature hereby finds and declares that the COVID-19 pandemic has plagued the health, economy and education systems throughout New York and impacted the livelihood of every resi- dent of the state with an extensive, protracted and disproportionate impact on students in every region. The legislature further finds the unprecedented closure of school buildings for the last quarter of the 2019-20 school year coupled with increasing COVID-19 public health and safety concerns throughout the summer and into the beginning of the 2020-21 school year have continued to present logistical challenges for the delivery of education and support services especially for students who are living in poverty. The legislature further finds Article XI of the New York state Consti- tution which stipulates 'The Legislature shall provide for the mainte- nance and support of a system of free common schools, wherein all the children of the state may be educated' must be continuously upheld even throughout the ensuing pandemic period. The legislature further finds schools across the state had to quickly implement technological programs and devices to deliver remote learning options to students during the closed down period and many schools are required to, or are requested to, continue distance learning modality as an instructional delivery model. The legislature further finds lack of high-quality internet access has had and continues to have a disequalizing impact on children who are poor, homeless and without the resources to support their educational needs. The Legislature further finds it is a state imperative to ensure all children have access to the delivery of technology through high-quality broadband internet connectivity in order to meet the State's constitu- tional requirement and maintain a system of free common schools. The legislature further finds that high-speed internet access, common- ly referred to as broadband internet, can be achieved through utiliza- tion of a variety of technologies, including wired infrastructure via fiber optic cable, and through wireless technologies such as fixed wire- less internet and satellite internet, and that taking advantage of all available and evolving technologies can enable communities currently without wired infrastructure to nonetheless improve access to high qual- ity internet until such time as wired infrastructure is made universally available. The legislature further finds that almost every sector of New York's economy, democracy, and society depends on widespread, high-quality internet access that supports vital functions regulated under the police power of the state. S. 2508--B 206 The legislature further finds that while the internet is an interstate resource, the essential support it provides for innumerable municipal and state operations, vital business and community service, delivery of educational programs and services and daily interactions between the people of New York and their governments are of state concern. The legislature further finds that while the operations of telecommu- nication service providers must be subject to state oversight, they also must be protected from undue restraint and regulation so as to assure optimum technology and maximum availability in this state as rapidly as economically and technically feasible. The legislature further finds that telecommunication service provid- ers, notwithstanding their unique attributes, are part of an increasing- ly integrated telecommunications industry, the soundness of which is essential, not only to education, but also to the state's economic growth and general welfare, and portions of whose business are wholly intrastate. The legislature further finds that there is a need for one or more state agencies to determine state internet access policy as it relates to the education of the state's students during the COVID-19 pandemic, ensure that telecommunication service providers provide adequate, economical and efficient service to students and schools, and oversee, consonant with federal regulations and statutes, the availability of high-quality internet access during the COVID-19 pandemic in support of the constitutional education obligations of the state. The legislature further finds that it is necessary to establish a competitively-neutral funding mechanism to provide the resources neces- sary to assure and maintain satisfaction of the constitutional education obligations of the state. Therefore, be it resolved, that, the legislature hereby approves the use of the police power inherent in the state of New York to protect and promote the safety, life, public health, public convenience, general prosperity, and well-being of society, and the welfare of the state's population and economy, as necessary to satisfy the provisions of Arti- cle XI of the New York state Constitution to provide a free public education pursuant to the E-Let's Expand Access to Remote Now (E-LEARN) act, as defined in this act. § 3. The education law is amended by adding a new article 9-A to read as follows: ARTICLE 9-A E-LEARN PROGRAM SECTION 430. DEFINITIONS. 431. APPLICATION FOR ALLOCATION FROM THE E-LEARN FUND. 432. ALLOCATION OF E-LEARN FUNDS. 433. GRANT OF PERMISSION FOR USE OF INFORMATION. 434. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE STUDENTS. 435. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE SCHOOLS. 436. PAYMENT OF COSTS AND EXPENSES. 437. COLLABORATION. 438. COOPERATION OF THIRD PARTIES. 439. REQUIREMENTS. § 430. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE: 1. "BROADBAND INTERNET ACCESS SERVICE" MEANS A SERVICE PROVIDED BY WIRE OR RADIO IN NEW YORK STATE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE DATA FROM, ALL OR SUBSTANTIALLY ALL INTERNET S. 2508--B 207 ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, BUT EXCLUDING DIAL-UP INTERNET ACCESS SERVICE. BROADBAND INTERNET ACCESS SERVICE ALSO ENCOM- PASSES ANY SERVICE PROVIDED IN NEW YORK THAT PROVIDES A FUNCTIONAL EQUIVALENT OF THAT SERVICE OR THAT IS USED TO EVADE THE PROVISIONS SET FORTH IN THIS ARTICLE. 2. "CHANCELLOR" MEANS THE CHANCELLOR OF THE NEW YORK CITY DEPARTMENT OF EDUCATION. 3. "DEPARTMENT" MEANS THE EDUCATION DEPARTMENT OF THE STATE OF NEW YORK. 4. "ELIGIBLE SCHOOL" MEANS A PUBLIC SCHOOL INCLUDING A SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-PUBLIC SCHOOL, CHAR- TER SCHOOL, SPECIAL ACT SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, IN EACH CASE SERVING STUDENTS BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE. 5. "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF THE STATE BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE WHO IS ENROLLED IN AN ELIGIBLE SCHOOL OR WHO IS PROVIDED HOME INSTRUCTION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS. 6. "HIGH-QUALITY INTERNET ACCESS" MEANS, WITH RESPECT TO BROADBAND INTERNET ACCESS SERVICE PROVIDED TO AN ELIGIBLE STUDENT, UNINTERRUPTED BROADBAND INTERNET ACCESS SERVICE WHICH IS NOT LIMITED TO ONE OR MORE PARTICULAR DEVICES AND WHICH PROVIDES ACTUAL AND STABLE DOWNLOAD SPEEDS OF AT LEAST 25 MEGABITS PER SECOND (MBPS) AND UPLOAD SPEEDS OF AT LEAST 3 MBPS AT ALL TIMES THROUGHOUT THE APPLICABLE SCHOOL YEAR, AND, WITH RESPECT TO BROADBAND INTERNET ACCESS SERVICE PROVIDED TO AN ELIGIBLE SCHOOL, ACTUAL AND STABLE DOWNLOAD SPEEDS OF AT LEAST 1 MBPS PER ENROLLED STUDENT AND UPLOAD SPEEDS OF AT LEAST 1 MBPS PER ENROLLED STUDENT AT ALL TIMES THROUGHOUT THE APPLICABLE SCHOOL YEAR. 7. "TELECOMMUNICATION SERVICE PROVIDER" MEANS A BUSINESS THAT PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THE STATE. § 431. APPLICATION FOR ALLOCATION FROM THE E-LEARN FUND. 1. EACH PUBLIC SCHOOL DISTRICT WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURIS- DICTION OF SUCH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-PUBLIC SCHOOL, CHARTER SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER IS HEREBY DIRECTED TO SUBMIT DOCUMENTATION TO THE DEPART- MENT OF THE REQUIREMENTS NECESSARY TO SATISFY THE PROVISIONS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE. EACH SUCH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR SCHOOL, AS APPLICABLE, SHALL MAKE APPLICATION WITHIN FORTY- FIVE DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE TO THE DEPARTMENT SETTING FORTH SUCH REQUIREMENTS, AND ANNUALLY THEREAFTER BEFORE AUGUST FIRST. 2. THE CHANCELLOR IS HEREBY DIRECTED TO SUBMIT DOCUMENTATION TO THE DEPARTMENT OF THE REQUIREMENTS NECESSARY TO SATISFY THE PROVISIONS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF THE NEW YORK CITY DEPARTMENT OF EDUCATION AND ELIGIBLE STUDENTS ENROLLED IN S. 2508--B 208 SUCH ELIGIBLE SCHOOLS. THE CHANCELLOR SHALL MAKE APPLICATION TO THE DEPARTMENT WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE SETTING FORTH SUCH REQUIREMENTS OF SUCH ELIGIBLE SCHOOLS, AND ANNUALLY THEREAFTER BEFORE AUGUST FIRST. 3. THE PERSON IN PARENTAL RELATION TO EACH ELIGIBLE STUDENT WHO IS PROVIDING HOME INSTRUCTION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS IS HEREBY DIRECTED TO SUBMIT DOCUMENTATION TO THE DEPARTMENT OF THE REQUIREMENTS NECESSARY TO SATISFY THE PROVISIONS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE WITH RESPECT TO SUCH ELIGIBLE STUDENTS. SUCH PERSON IN PARENTAL RELATION SHALL MAKE APPLICATION TO THE DEPARTMENT WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE SETTING FORTH SUCH REQUIREMENTS OF SUCH ELIGIBLE SCHOOL, AND ANNUALLY THEREAFTER BEFORE AUGUST FIRST. § 432. ALLOCATION OF E-LEARN FUNDS. THE COMMISSIONER SHALL DETERMINE CRITERIA FOR ALLOCATION OF MONEYS FROM THE E-LEARN FUND TO PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT OF EDUCATION, NON-PUBLIC SCHOOLS, CHARTER SCHOOLS, SPECIAL ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, AND PERSONS IN PARENTAL RELATION TO ELIGIBLE STUDENTS WHO ARE PROVIDING HOME INSTRUCTION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS FOR ACHIEVING EQUITABLE ACCESS TO REMOTE LEARNING RESOURCES FOR ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS PURSUANT TO SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE. SUCH CRITERIA SHALL INCLUDE BUT NOT BE LIMITED TO THE NUMBER OF ELIGIBLE STUDENTS AT EACH ELIGIBLE SCHOOL, THE DEGREE TO WHICH MULTIPLE ELIGIBLE STUDENTS ARE MEMBERS OF THE SAME HOUSEHOLD AND RESIDE AT THE SAME RESIDENCE, THE RESPONSE RATE OF GRANTS OF PERMISSION PURSUANT TO SECTION FOUR HUNDRED THIRTY-THREE OF THIS ARTICLE, THE DEGREE OF NEED OF EACH ELIGIBLE SCHOOL AND THEIR RESPECTIVE CLASSROOMS, AND, SUBJECT TO SECTION FOUR HUNDRED THIRTY-SEVEN OF THIS ARTICLE, THE DIFFERENT REGIONAL FACTORS AFFECTING THE PROVISION OF HIGH- QUALITY INTERNET ACCESS. § 433. GRANT OF PERMISSION FOR USE OF INFORMATION. NOTWITHSTANDING SECTION TWO-D OF THIS CHAPTER, PUBLIC SCHOOL DISTRICTS, BOARDS OF COOP- ERATIVE EDUCATION, THE CHANCELLOR, CHARTER SCHOOLS, NON-PUBLIC SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOLS SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR STATE OPER- ATED SCHOOLS SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, SHALL PROVIDE TO ELIGIBLE STUDENTS OR THEIR FAMILIES, AS APPRO- PRIATE, A FORM REQUESTING INFORMATION AS TO WHETHER THE ELIGIBLE STUDENT HAD HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION AND CONTINUES TO HAVE HIGH-QUALITY INTERNET ACCESS, AND IF SUCH STUDENT HAD HIGH-QUALITY INTERNET ACCESS AS OF SUCH DATE AND CONTINUES TO HAVE HIGH-QUALITY INTERNET ACCESS, THE NAME OF THE CURRENT PROVIDER OF SUCH HIGH-QUALITY INTERNET SERVICE, AND IN EITHER CASE REQUESTING PERMISSION FOR THE USE OF NAMES AND CONTACT INFORMATION OF SUCH STUDENTS OR FAMILIES, AS APPROPRIATE, FOR PURPOSES OF ENTERING INTO AGREEMENTS TO PROVIDE SUCH ELIGIBLE STUDENTS WITH HIGH-QUALITY INTERNET ACCESS IN ACCORDANCE WITH THIS ARTICLE OR FOR PURPOSES OF THE REDUCTION IN COSTS PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-FOUR-C OF THE PUBLIC SERVICE LAW. SUCH FORM OF REQUEST SHALL BE IN A FORM, AND S. 2508--B 209 DISTRIBUTED AND COLLECTED, IN SUCH MANNER AS THE APPLICABLE PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE CHANCEL- LOR, OR ELIGIBLE SCHOOL, AS APPLICABLE, MAY DEEM APPROPRIATE; PROVIDED, HOWEVER, THAT USE OF INFORMATION PROVIDED SHALL BE LIMITED TO USE OF ONLY SUCH PERSONALLY IDENTIFIABLE INFORMATION AS SHALL BE NECESSARY TO SATISFY THE REQUIREMENTS OF THIS ARTICLE AND SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-FOUR-C OF THE PUBLIC SERVICE LAW. SUCH FORM OF REQUEST SHALL BE PROVIDED TO ELIGIBLE STUDENTS, OR THEIR FAMILIES, AS APPROPRIATE, NO LATER THAN FIFTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND SHALL BE TRANSLATED IN THE PREDOMINANT LANGUAGES OTHER THAN ENGLISH OF ELIGIBLE STUDENTS AND THEIR FAMILIES SERVED BY SUCH ELIGIBLE SCHOOLS. § 434. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE STUDENTS. 1. (A) UPON APPROVAL OF THE ALLOCATIONS OF THE E-LEARN FUND PURSUANT TO SECTION FOUR HUNDRED THIRTY-TWO OF THIS ARTICLE EACH PUBLIC SCHOOL DISTRICT WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES WITH RESPECT TO ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES, NON-PUBLIC SCHOOL, CHARTER SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, AND STATE OPER- ATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO PROVIDE EACH ELIGIBLE STUDENT ENROLLED AT AN ELIGIBLE SCHOOL WHO DID NOT HAVE HIGH- QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUES TO LACK HIGH-QUALITY INTERNET ACCESS, AND FOR WHOM A GRANT OF PERMISSION HAS BEEN RETURNED PURSUANT TO THIS SECTION, WITH HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT THE RESIDENCE OF SUCH ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE IS TEMPORARY OR PERMANENT, IN SUCH MANNER AS SHALL BE DEEMED APPROPRIATE BY SUCH PUBLIC SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR ELIGIBLE SCHOOL, AS APPRO- PRIATE; AND (B) THE CHANCELLOR SHALL BE AUTHORIZED TO ENTER INTO AGREEMENTS TO PROVIDE EACH ELIGIBLE STUDENT ENROLLED AT AN ELIGIBLE SCHOOL UNDER THE JURISDICTION OF THE NEW YORK CITY DEPARTMENT OF EDUCATION WHO DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVENESS OF THIS ARTI- CLE AND CONTINUES TO LACK HIGH-QUALITY INTERNET ACCESS, AND FOR WHOM A GRANT OF PERMISSION HAS BEEN RETURNED PURSUANT TO THIS SECTION, WITH HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT THE RESIDENCE OF SUCH ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE IS TEMPORARY OR PERMANENT, IN SUCH MANNER AS SHALL BE DEEMED APPROPRIATE BY THE CHANCELLOR. 2. IN SATISFYING THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE CHANCELLOR AND THE ELIGIBLE SCHOOLS SET FORTH IN SUBDIVISION ONE OF THIS SECTION ARE AUTHORIZED AND DIRECTED TO COORDINATE THE PROVISION OF HIGH- QUALITY INTERNET ACCESS IN COLLABORATION WITH COMMUNITY-BASED ORGANIZA- TIONS, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE STATE UNIVERSITY OF NEW YORK, THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE DEPARTMENT OF HEALTH, AND SUCH OTHER PERSONS OR ENTITIES AS MAY BE APPROPRIATE, INCLUDING PARTIES WITH AN INTEREST IN THE RESIDENCE OF AN ELIGIBLE STUDENT, SUCH AS HOMELESS SHELTERS, LANDLORDS, AND MANUFACTURED HOME PARKS. S. 2508--B 210 § 435. PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE SCHOOLS. UPON APPROVAL OF THE ALLOCATION OF THE E-LEARN FUND PURSUANT TO SECTION FOUR HUNDRED THIRTY-TWO OF THIS ARTICLE: 1. EACH PUBLIC SCHOOL DISTRICT SHALL CONTRACT FOR HIGH-QUALITY INTER- NET ACCESS ON A CONTINUAL BASIS AT EACH SCHOOL DISTRICT BUILDING AND FOR ALL ELIGIBLE SCHOOLS UNDER SUCH PUBLIC SCHOOL DISTRICT'S JURISDICTION SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF SUCH PUBLIC SCHOOL DISTRICT AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT SUCH BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS; 2. EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT EACH SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES BUILDING AND FOR ALL ELIGIBLE SCHOOLS UNDER SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES' JURISDICTION SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF SUCH BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT SUCH BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS; 3. THE CHANCELLOR SHALL CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT EACH NEW YORK CITY DEPARTMENT OF EDUCATION BUILDING AND FOR ALL ELIGIBLE SCHOOLS UNDER THE JURISDICTION OF THE NEW YORK CITY DEPARTMENT OF EDUCATION SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMINISTRATIVE OPERATIONS OF THE NEW YORK CITY DEPARTMENT OF EDUCATION AND SUCH ELIGIBLE SCHOOLS TO THE EXTENT THAT SUCH BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUALITY INTERNET ACCESS; AND 4. EACH NON-PUBLIC SCHOOL, CHARTER SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER WHICH IS AN ELIGIBLE SCHOOL SHALL CONTRACT FOR HIGH-QUALITY INTERNET ACCESS ON A CONTINUAL BASIS AT SUCH ELIGIBLE SCHOOL SUFFICIENT TO SUPPORT ALL INSTRUCTIONAL AND ADMIN- ISTRATIVE OPERATIONS OF SUCH ELIGIBLE SCHOOL TO THE EXTENT THAT SUCH BUILDINGS AND ELIGIBLE SCHOOLS DID NOT HAVE HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND CONTINUE TO LACK HIGH-QUAL- ITY INTERNET ACCESS. § 436. PAYMENT OF COSTS AND EXPENSES. 1. PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT OF EDUCATION, NON-PUBLIC SCHOOLS, CHARTER SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THIS CHAPTER, STATE SUPPORTED SCHOOLS SUBJECT TO ARTI- CLE EIGHTY-FIVE OF THIS CHAPTER, STATE OPERATED SCHOOLS SUBJECT TO ARTI- CLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER, AND PERSONS IN PARENTAL RELATION TO ELIGIBLE STUDENTS WHO ARE PROVIDING HOME INSTRUC- TION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THIS CHAPTER AND APPLICABLE REGULATIONS SHALL SUBMIT TO THE DEPARTMENT: (A) FOR REIMBURSEMENT, SUCH RECEIPTS AND OTHER APPROPRIATE EVIDENCE OF COSTS AND EXPENSES INCURRED IN SATISFYING THE REQUIREMENTS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE; AND (B) FOR DIRECT PAYMENT OUT OF AMOUNTS IN THE E-LEARN FUND ESTABLISHED IN SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW, EVIDENCE OF UNPAID S. 2508--B 211 COSTS AND RELATED PAYMENT INSTRUCTIONS, FOR GOODS OR SERVICES OBTAINED IN SATISFYING THE REQUIREMENTS OF SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE. 2. THE DEPARTMENT SHALL SUBMIT SUCH DOCUMENTATION NECESSARY FOR THE COMPTROLLER TO MAKE SUCH REIMBURSEMENTS AND PAYMENTS OUT OF THE E-LEARN FUND. § 437. COLLABORATION. THE DEPARTMENT, PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE CHANCELLOR, AND ELIGIBLE SCHOOLS, AS APPROPRIATE, IN FULFILLING THE OBLIGATIONS SET FORTH IN SECTIONS FOUR HUNDRED THIRTY-FOUR AND FOUR HUNDRED THIRTY-FIVE OF THIS ARTICLE, SHALL MAKE REASONABLE EFFORTS TO COLLABORATE WITH COMMUNITY- BASED ORGANIZATIONS WITH EXPERTISE IN INTERNET ACCESS TO FACILITATE THE PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS, INCLUDING ELIGIBLE STUDENTS RESIDING IN NON-TRADITION- AL PLACES OF RESIDENCE. § 438. COOPERATION OF THIRD PARTIES. EVERY TELECOMMUNICATION SERVICE PROVIDER, LANDLORD, BUILDING MANAGER, OR ANY OTHER INDIVIDUAL HAVING RESPONSIBILITY FOR THE CARE AND CONTROL OF A PREMISES WHICH IS A RESI- DENCE OR DOMICILE OF ANY ELIGIBLE STUDENT, WHETHER SUCH RESIDENCE OR DOMICILE IS TEMPORARY OR PERMANENT, SHALL COOPERATE WITH THE EFFORTS OF PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATION, THE CHANCEL- LOR, ELIGIBLE SCHOOLS, AND ELIGIBLE STUDENTS AND THEIR FAMILIES TO SATISFY THE REQUIREMENTS OF SECTION FOUR HUNDRED THIRTY-FOUR OF THIS ARTICLE BY, WHERE APPROPRIATE, BEING AVAILABLE AT REASONABLE TIMES TO COMMUNICATE REGARDING PROVISION OF HIGH-QUALITY INTERNET ACCESS, PROVID- ING REASONABLE ACCESS TO BUILDINGS OR OTHER STRUCTURES, FACILITATING INSTALLATION OF TECHNOLOGIES NECESSARY TO PROVIDE HIGH-QUALITY INTERNET ACCESS AND TAKING SUCH OTHER COOPERATIVE MEASURES AS MAY REASONABLY BE REQUESTED. § 439. REQUIREMENTS. THE REQUIREMENTS OF THIS ARTICLE SHALL NOT BE QUALIFIED BY THE DIFFICULTY OR COST OF PROVIDING HIGH-QUALITY INTERNET ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, NOR SHALL ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED OVER ANY OTHER ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR COST. § 4. The tax law is amended by adding a new section 186-h to read as follows: § 186-H. DUTIES OF THE DEPARTMENT UNDER THE E-LEARN PROGRAM. 1. DEFI- NITIONS. FOR THE PURPOSES OF THIS SECTION: (A) "TELECOMMUNICATION SERVICE PROVIDER" MEANS A BUSINESS THAT PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THE STATE. (B) "E-LEARN FUND" SHALL MEAN THE FUND ESTABLISHED IN SECTION NINETY- FIVE-J OF THE STATE FINANCE LAW. (C) "ASSESSMENT RATE" MEANS THE PERCENTAGE RATE WHICH WHEN MULTIPLIED BY EACH TELECOMMUNICATION SERVICE PROVIDER'S TOTAL GROSS INTRASTATE TELECOMMUNICATION REVENUE FOR THE PRIOR CALENDAR YEAR, OR IF SUCH REVEN- UE IS UNAVAILABLE, THE MOST RECENT CALENDAR YEAR FOR WHICH SUCH REVENUE IS AVAILABLE, WHICH DETERMINES THAT PROVIDER'S ANNUAL CONTRIBUTION TO THE E-LEARN FUND, DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE STATE EDUCATION DEPARTMENT TO BE SUFFICIENT IN AMOUNT TO PROVIDE FOR ACQUISITION OF HIGH-QUALITY INTERNET ACCESS PURSUANT TO ARTICLE NINE-A OF THE EDUCATION LAW, TAKING INTO ACCOUNT FOR ANY SCHOOL YEAR SUBSEQUENT TO THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR ANY EXCESS AMOUNTS REMAINING IN THE E-LEARN FUND FROM THE PRIOR YEAR PURSU- ANT TO SUBDIVISION FIVE OF SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW. S. 2508--B 212 2. CONTRIBUTION. ALL TELECOMMUNICATION SERVICE PROVIDERS OPERATING IN THE STATE SHALL CONTRIBUTE TO THE PRESERVATION AND ADVANCEMENT OF THE E-LEARN FUND IN THE MANNER SET FORTH IN THIS SECTION. ANY SUCH CONTRIB- UTION SHALL NOT BE PASSED THROUGH IN WHOLE OR IN PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR BY ANY OTHER MEANS BY A TELECOMMUNICATION SERVICE PROVIDER TO ANY PERSON OR CUSTOMER THAT CONTRACTS WITH SUCH TELECOMMUNICATION SERVICE PROVIDER FOR SERVICE. 3. ANNUAL CHARGE. (A) THE DEPARTMENT SHALL ASSESS AN ANNUAL CHARGE ON EACH TELECOMMUNICATION SERVICE PROVIDER IN AN AMOUNT EQUAL TO THE ASSESSMENT RATE MULTIPLIED BY THE TELECOMMUNICATION SERVICE PROVIDER'S TOTAL GROSS INTRASTATE TELECOMMUNICATION REVENUE FOR THE PRIOR CALENDAR YEAR, OR IF SUCH REVENUE IS UNAVAILABLE, THE MOST RECENT CALENDAR YEAR FOR WHICH SUCH REVENUE IS AVAILABLE. THE DEPARTMENT SHALL COLLECT AND DEPOSIT SUCH AMOUNTS INTO A SEGREGATED ACCOUNT WHICH SHALL SUBSEQUENTLY BE TRANSFERRED TO E-LEARN FUND ESTABLISHED IN SECTION NINETY-FIVE-J OF THE STATE FINANCE LAW. ALL SUCH AMOUNTS SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS COLLECTED BY THE DEPARTMENT. (B) SUCH ANNUAL CHARGE SHALL BE ASSESSED ON AND COLLECTED FROM ALL TELECOMMUNICATION SERVICE PROVIDERS OPERATING IN THE STATE AS OF APRIL FIRST, JULY FIRST, OCTOBER FIRST, AND JANUARY FIRST OF EACH YEAR, PROVIDED THAT THE INITIAL ANNUAL CHARGE FOR FISCAL YEAR TWO THOUSAND TWENTY SHALL BE ASSESSED AND COLLECTED AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY. (C) AMOUNTS COLLECTED FROM TELECOMMUNICATION SERVICE PROVIDERS SHALL BE TRANSFERRED BY THE DEPARTMENT OF TAXATION AND FINANCE TO THE STATE COMPTROLLER TO BE DEPOSITED IN THE E-LEARN FUND WITHIN THIRTY DAYS AFTER EACH COLLECTION DEADLINE. (D) FAILURE OF A TELECOMMUNICATION SERVICE PROVIDER TO MAKE TIMELY PAYMENT UNDER THIS SECTION WILL RESULT IN THE LEVY OF A LATE PAYMENT CHARGE OF ONE AND ONE-HALF PERCENT PER MONTH PRO RATA PER DIEM ON THE DELINQUENT CONTRIBUTION. (E) IF A TELECOMMUNICATION SERVICE PROVIDER'S CONTRIBUTION TO THE E-LEARN FUND IN A GIVEN FISCAL YEAR IS LESS THAN ONE HUNDRED FIFTY DOLLARS SUCH TELECOMMUNICATION SERVICE PROVIDER WILL NOT BE REQUIRED TO PAY A CONTRIBUTION FOR SUCH YEAR. 4. REQUIREMENTS. THE REQUIREMENTS OF THIS SECTION, INCLUDING WITH RESPECT TO DETERMINATIONS OF THE ASSESSMENT RATE, SHALL NOT BE QUALIFIED BY THE DIFFICULTY OR COST OF PROVIDING HIGH-QUALITY INTERNET ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, AS SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED THIRTY OF THE EDUCATION LAW, NOR SHALL ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED OVER ANY OTHER ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR COST. § 5. The state finance law is amended by adding a new section 95-j to read as follows: § 95-J. E-LEARN FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE THE E-LEARN FUND TO ENSURE THE PROVISION OF HIGH-QUALITY INTERNET ACCESS TO ELIGIBLE SCHOOLS AND ELIGIBLE STUDENTS IN THE STATE THROUGH THE PROGRAM SET FORTH IN ARTICLE NINE-A OF THE EDUCATION LAW. 2. THE E-LEARN FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOS- ITED IN THE E-LEARN FUND PURSUANT TO THE PROVISIONS OF SECTION ONE HUNDRED EIGHTY-SIX-H OF THE TAX LAW. 3. THE MONEYS IN THE E-LEARN FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMP- TROLLER. S. 2508--B 213 4. THE MONEYS IN THE E-LEARN FUND SHALL BE DISBURSED, UPON PROPER APPLICATION MADE TO THE STATE COMMISSIONER OF EDUCATION BY PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT OF EDUCATION, NON-PUBLIC SCHOOLS, CHARTER SCHOOLS, SPECIAL ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW, STATE SUPPORTED SCHOOLS SUBJECT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, STATE OPERATED SCHOOLS SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THE EDUCATION LAW, AND PERSONS IN PARENTAL RELATION TO ELIGIBLE STUDENTS WHO ARE PROVIDING HOME INSTRUCTION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW AND SECTION 100.10 OF THE NYCRR, AS APPLICABLE, FOR THE PURPOSES OF PROVIDING COST-FREE HIGH-QUAL- ITY INTERNET ACCESS TO ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS IN ACCORD- ANCE WITH ARTICLE NINE-A OF THE EDUCATION LAW AND FOR COSTS OF THE DEPARTMENT OF EDUCATION, THE DEPARTMENT OF TAXATION AND FINANCE AND THE COMPTROLLER'S OFFICE TO ADMINISTER THE E-LEARN FUND AND IMPLEMENT THE E-LEARN PROGRAM. 5. TO THE EXTENT AMOUNTS RECEIVED FROM TELECOMMUNICATION SERVICE PROVIDERS IN ANY GIVEN FISCAL YEAR EXCEED AN AMOUNT EQUAL TO THE AGGRE- GATE DISBURSEMENTS FROM THE E-LEARN FUND REQUIRED TO BE MADE PURSUANT TO ARTICLE NINE-A OF THE EDUCATION LAW PLUS THE COST OF ADMINISTERING THE E-LEARN FUND AND IMPLEMENTING THE E-LEARN PROGRAM, THE EXCESS AMOUNTS SHALL REMAIN IN THE E-LEARN FUND FOR USE IN THE SUBSEQUENT FISCAL YEAR. 6. THE REQUIREMENTS OF THIS SECTION SHALL NOT BE QUALIFIED BY THE DIFFICULTY OR COST OF PROVIDING HIGH-QUALITY INTERNET ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, NOR SHALL ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED OVER ANY OTHER ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR COST. § 6. The article heading of article 11 of the public service law, as added by chapter 83 of the laws of 1995, is amended to read as follows: PROVISIONS RELATING TO CABLE TELEVISION COMPANIES AND TELECOMMUNICATION SERVICE PROVIDERS § 7. The public service law is amended by adding a new section 224-c to read as follows: § 224-C. REIMBURSEMENT BY TELECOMMUNICATION SERVICE PROVIDERS OF ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS WITH CURRENT HIGH-QUALITY INTER- NET ACCESS. 1. FOR THE PURPOSES OF THIS SECTION: (A) "BROADBAND INTER- NET ACCESS SERVICE" MEANS A SERVICE PROVIDED BY WIRE OR RADIO IN NEW YORK STATE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE DATA FROM, ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE, BUT EXCLUDING DIAL-UP INTERNET ACCESS SERVICE. BROADBAND INTERNET ACCESS SERVICE ALSO ENCOMPASSES ANY SERVICE PROVIDED IN NEW YORK STATE THAT PROVIDES A FUNCTIONAL EQUIVALENT OF THAT SERVICE OR THAT IS USED TO EVADE THE PROVISIONS SET FORTH IN THIS SECTION. (B) "ELIGIBLE SCHOOL" MEANS A PUBLIC SCHOOL, NON-PUBLIC SCHOOL, CHAR- TER SCHOOL, SPECIAL ACT SCHOOL, APPROVED PRIVATE SCHOOL SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW, STATE SUPPORTED SCHOOL SUBJECT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, OR STATE OPERATED SCHOOL SUBJECT TO ARTICLE EIGHTY- SEVEN OR EIGHTY-EIGHT OF THE EDUCATION LAW, IN EACH CASE SERVING STUDENTS BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE. (C) "ELIGIBLE STUDENT" MEANS A STUDENT WHO IS A RESIDENT OF THE STATE BETWEEN FIVE AND TWENTY-ONE YEARS OF AGE WHO IS ENROLLED IN AN ELIGIBLE SCHOOL OR WHO IS PROVIDED HOME INSTRUCTION IN COMPLIANCE WITH PART ONE OF ARTICLE SIXTY-FIVE OF THE EDUCATION LAW AND APPLICABLE REGULATIONS. S. 2508--B 214 (D) "HIGH-QUALITY INTERNET ACCESS" MEANS, WITH RESPECT TO BROADBAND INTERNET ACCESS SERVICE PROVIDED TO AN ELIGIBLE STUDENT, UNINTERRUPTED BROADBAND INTERNET ACCESS SERVICE WHICH IS NOT LIMITED TO ONE OR MORE PARTICULAR DEVICES AND WHICH PROVIDES ACTUAL AND STABLE DOWNLOAD SPEEDS OF AT LEAST 25 MEGABITS PER SECOND (MBPS) AND UPLOAD SPEEDS OF AT LEAST 3 MBPS AT ALL TIMES, AND, WITH RESPECT TO BROADBAND INTERNET ACCESS SERVICE PROVIDED TO AN ELIGIBLE SCHOOL, ACTUAL AND STABLE DOWNLOAD SPEEDS OF AT LEAST 1 MBPS PER ENROLLED STUDENT AND UPLOAD SPEEDS OF AT LEAST 1 MBPS PER ENROLLED STUDENT AT ALL TIMES. (E) "STATE EDUCATION DEPARTMENT" MEANS THE EDUCATION DEPARTMENT OF THE STATE OF NEW YORK. (F) "TELECOMMUNICATION SERVICE PROVIDER" MEANS A BUSINESS THAT PROVIDES BROADBAND INTERNET ACCESS SERVICE IN THIS STATE. 2. IN FULFILLING THE REQUIREMENTS OF THE E-LEARN FUND APPLICATION PROCESS PURSUANT TO ARTICLE NINE-A OF THE EDUCATION LAW, THE STATE EDUCATION DEPARTMENT SHALL: (A) PROVIDE INFORMATION OBTAINED PURSUANT TO SECTION FOUR HUNDRED THIRTY-THREE OF THE EDUCATION LAW REGARDING THOSE ELIGIBLE STUDENTS ALREADY RECEIVING HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION TO THE DEPARTMENT OF PUBLIC SERVICE FOR PURPOSES OF SUBDIVISION FOUR OF THIS SECTION; AND (B) COORDINATE WITH PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, THE NEW YORK CITY DEPARTMENT OF EDUCATION, NONPUB- LIC SCHOOLS, CHARTER SCHOOLS, SPECIAL ACT SCHOOLS, APPROVED PRIVATE SCHOOLS SERVING STUDENTS WITH DISABILITIES SUBJECT TO ARTICLE EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW, STATE SUPPORTED SCHOOLS SUBJECT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND STATE OPERATED SCHOOLS SUBJECT TO ARTICLE EIGHTY-SEVEN OR EIGHTY-EIGHT OF THE EDUCATION LAW AS APPLICABLE TO IDENTIFY THOSE ELIGIBLE SCHOOLS AND SCHOOL BUILDINGS ALREADY RECEIVING HIGH-QUALITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION, AND PROVIDE SUCH INFORMATION TO THE DEPARTMENT OF PUBLIC SERVICE FOR PURPOSES OF SUBDIVISION FIVE OF THIS SECTION. 3. THE DEPARTMENT SHALL PROVIDE INFORMATION REGARDING ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS OBTAINED FROM THE STATE EDUCATION DEPART- MENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION TO THE APPROPRIATE TELECOMMUNICATION SERVICE PROVIDERS PROVIDING HIGH-QUALITY INTERNET ACCESS TO THE APPLICABLE ELIGIBLE STUDENTS AND ELIGIBLE SCHOOLS FOR PURPOSES FULFILLING THE REQUIREMENTS OF SUBDIVISIONS FOUR AND FIVE OF THIS SECTION. 4. WITH RESPECT TO EACH ELIGIBLE STUDENT WHO WAS RECEIVING HIGH-QUALI- TY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION AND FOR WHOM A GRANT OF PERMISSION HAS BEEN RETURNED PURSUANT TO SUBDIVISION ONE OF SECTION FOUR HUNDRED THIRTY-THREE OF THE EDUCATION LAW, THE TELECOMMUNI- CATION SERVICE PROVIDER UNDER CONTRACT TO PROVIDE SUCH HIGH-QUALITY INTERNET ACCESS SHALL, IN GOOD FAITH, CONTINUE TO PROVIDE SUCH SAME SERVICE UNDER SUCH SAME CONTRACT, SUBJECT TO THOSE TERMS OF SUCH SAME CONTRACT WHICH DO NOT ABROGATE THE PROVISIONS OF THIS SECTION. THE COSTS FOR SUCH HIGH-QUALITY INTERNET ACCESS SHALL BE REDUCED BY THE APPLICABLE TELECOMMUNICATION SERVICE PROVIDER (BUT NOT BELOW ZERO) BY AN AMOUNT EQUAL TO THE AVERAGE EXPENSE PER ELIGIBLE STUDENT OF PROVIDING ELIGIBLE STUDENTS WITH HIGH-QUALITY INTERNET ACCESS PURSUANT TO SECTION FOUR HUNDRED THIRTY-FOUR OF THE EDUCATION LAW. 5. WITH RESPECT TO EACH ELIGIBLE SCHOOL WHICH WAS RECEIVING HIGH-QUAL- ITY INTERNET ACCESS AS OF THE EFFECTIVE DATE OF THIS SECTION, THE TELE- COMMUNICATION SERVICE PROVIDER UNDER CONTRACT TO PROVIDE SUCH HIGH-QUAL- ITY INTERNET ACCESS SHALL CONTINUE TO PROVIDE SUCH SAME SERVICE UNDER S. 2508--B 215 SUCH SAME CONTRACT, SUBJECT TO THOSE TERMS OF SUCH SAME CONTRACT WHICH DO NOT ABROGATE THE PROVISIONS OF THIS SECTION. THE COSTS FOR SUCH HIGH- QUALITY INTERNET ACCESS SHALL BE REDUCED BY THE APPLICABLE TELECOMMUNI- CATION SERVICE PROVIDER (BUT NOT BELOW ZERO) BY AN AMOUNT EQUAL TO THE AVERAGE EXPENSE PER ELIGIBLE SCHOOL OF PROVIDING ELIGIBLE SCHOOLS WITH HIGH-QUALITY INTERNET ACCESS PURSUANT TO SECTION FOUR HUNDRED THIRTY- FIVE OF THE EDUCATION LAW. 6. NO TELECOMMUNICATION SERVICE PROVIDER MAY PASS THROUGH IN WHOLE OR IN PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR BY ANY OTHER MEANS TO ANY PERSON OR CUSTOMER THAT CONTRACTS WITH SUCH TELECOMMUNICATION SERVICE PROVIDER ANY COST INCURRED BY SUCH TELECOMMUNICATION SERVICE PROVIDER IN FULFILLING THE REQUIREMENTS OF SUBDIVISION FOUR OR FIVE OF THIS SECTION. 7. NO TELECOMMUNICATION SERVICE PROVIDER MAY DISCRIMINATE OR OTHERWISE CONFER ADVANTAGE OR DISADVANTAGE IN RESPECT OF ITS OBLIGATIONS UNDER THIS SECTION ON THE BASIS OF WHETHER AN ELIGIBLE STUDENT OR ELIGIBLE SCHOOL HAS FAILED TO TIMELY MAKE ANY PAYMENTS UNDER A CONTRACT WITH SUCH TELECOMMUNICATION SERVICE PROVIDER. 8. THE REQUIREMENTS OF THIS SECTION SHALL NOT BE QUALIFIED BY THE DIFFICULTY OR COST OF REDUCING THE COSTS OF ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL OR THE DIFFICULTY OR COST OF PROVIDING HIGH- QUALITY INTERNET ACCESS TO ANY PARTICULAR ELIGIBLE STUDENT OR ELIGIBLE SCHOOL, NOR SHALL ANY ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BE PRIORITIZED OVER ANY OTHER ELIGIBLE STUDENT OR ELIGIBLE SCHOOL BY REASON OF ANY SUCH DIFFICULTY OR COST. § 8. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, after exhaustion of all further judicial review, the judg- ment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered. § 9. This act shall take effect immediately, and shall expire and be deemed repealed on the last day of the school year in which the state of emergency declared pursuant to executive order 202 of 2020 terminates. PART GGG Section 1. Sections 15-a and 15-b of part F of chapter 60 of the laws of 2015, as added by section 5 of part DD of chapter 58 of the laws of 2020, are amended to read as follows: § 15-a. Any contract awarded pursuant to this act shall be deemed to be awarded pursuant to a competitive procurement for purposes of section 2879 of the public authorities law, PROVIDED THAT ALL CONTRACTS AWARDED SHALL REQUIRE A PUBLIC EMPLOYEE OR PUBLIC EMPLOYEES, AS DEFINED BY PARA- GRAPH (A) OF SUBDIVISION 7 OF SECTION 201 OF THE CIVIL SERVICE LAW AND WHO ARE EMPLOYED BY AUTHORIZED ENTITIES AS DEFINED BY PARAGRAPH (I) OF SUBDIVISION (A) OF SECTION TWO OF THIS ACT, TO BE ON THE SITE OF THE PROJECT FOR THE DURATION OF SUCH PROJECT TO THE EXTENT DEEMED APPROPRI- ATE BY SUCH PUBLIC EMPLOYEE OR EMPLOYEES. SUCH REQUIREMENT SHALL NOT LIMIT CONTRACTORS' OBLIGATIONS UNDER DESIGN-BUILD CONTRACTS TO ISSUE THEIR OWN INITIAL CERTIFICATIONS OF SUBSTANTIAL COMPLETION AND FINAL COMPLETION OR ANY OTHER OBLIGATIONS UNDER THE DESIGN-BUILD CONTRACTS. § 15-b. Public employees as defined by paragraph (a) of subdivision 7 of section 201 of the civil service law and who are employed by author- ized entities as defined in paragraph (i) of subdivision (a) of section S. 2508--B 216 two of this act shall examine [and], review [certifications provided by contractors for conformance with], AND DETERMINE WHETHER THE WORK PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN PERFORMED IN ACCORD- ANCE WITH THE APPLICABLE DESIGN-BUILD CONTRACTS. SUCH EXAMINATION, REVIEW, AND DETERMINATION SHALL INCLUDE, BUT NOT BE LIMITED TO material source testing, certifications testing, surveying, monitoring of envi- ronmental compliance, independent quality control testing and inspection and quality assurance audits. SUCH PUBLIC EMPLOYEES MAY ACCEPT CONTRAC- TORS' SUBSTANTIAL OR FINAL COMPLETION OF THE PUBLIC WORKS AS APPLICABLE. Performance by authorized entities of any review described in this subdivision shall not be construed to modify or limit contractors' obli- gations to perform work in strict accordance with the applicable design-build contracts or the contractors' or any subcontractors' obli- gations or liabilities under any law. § 2. This act shall take effect immediately; provided, however, that the amendments to part F of chapter 60 of the laws of 2015 made by section one of this act shall not affect the repeal of such part and shall be deemed repealed therewith. PART HHH Section 1. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 16-bb to read as follows: § 16-BB. NEW YORK SMALL BUSINESS GRANT PROGRAM. 1. THERE IS HEREBY ESTABLISHED A NEW YORK STATE SMALL BUSINESS GRANT PROGRAM UNDER THE PURVIEW OF THE EMPIRE STATE DEVELOPMENT CORPORATION. SUCH PROGRAM SHALL NOT EXPEND MORE THAN ONE HUNDRED MILLION DOLLARS AND SHALL PROVIDE SMALL BUSINESSES, AS DEFINED IN SECTION 131 OF THE ECONOMIC DEVELOPMENT LAW, WITH GRANTS IN ORDER TO ASSIST SUCH BUSINESSES RECOVERING FROM THE COVID-19 PANDEMIC. 2. THE ASSISTANCE PROVIDED UNDER THIS SECTION SHALL BE FUNDED BY ANY AVAILABLE FEDERAL RELIEF FUNDS AVAILABLE TO THE STATE UP TO ONE HUNDRED MILLION DOLLARS. 3. GRANTS MADE PURSUANT TO THIS SECTION SHALL, AS FAR AS PRACTICABLE, BE EQUITABLY DISTRIBUTED AMONG ALL REGIONS OF THE STATE, REFLECTIVE OF THE ECONOMIC IMPACT ON EACH REGION DUE TO THE CLOSURE OR LIMITATION OF BUSINESS OPERATIONS DUE TO ANY EXECUTIVE ORDER ISSUED BY THE GOVERNOR RELATED TO THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020. 4. THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL CREATE AN APPLICA- TION PROCESS FOR SUCH GRANTS, AND SHALL PROMULGATE RULES AND REGULATIONS FOR AWARDING AND DISTRIBUTING GRANTS PURSUANT TO THIS SECTION; PROVIDED, HOWEVER, THAT PREFERENCE IS GIVEN TO SMALL BUSINESSES THAT WERE FORCED TO CLOSE DURING PHASE THREE OR PHASE FOUR OF THE STATE'S REOPENING PLAN IN THE COUNTY OR REGION IN WHICH THE BUSINESS IS LOCATED. § 2. This act shall take effect on the thirtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. § 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 S. 2508--B 217 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 HHH of this act shall be as specifically set forth in the last section of such Parts.
2021-S2508C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S2508C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M)
2021-S2508C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 2508--C A. 3008--C S E N A T E - A S S E M B L Y January 20, 2021 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); intentionally omitted (Part D); inten- tionally omitted (Part E); intentionally omitted (Part F); inten- tionally omitted (Part G); intentionally omitted (Part H); inten- tionally omitted (Part I); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act relating to the powers of the New York state urban development corporation to make loans, in relation to extending loan powers (Part J); to amend the urban development corporation act, in relation to extending the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); inten- tionally omitted (Part L); to amend section 3 of part S of chapter 58 of the laws of 2016, relating to transferring the statutory authority for the promulgation of marketing orders from the department of agri- culture and markets to the New York state urban development corpo- ration, in relation to the effectiveness thereof (Part M); to amend chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-05-1 S. 2508--C 2 A. 3008--C effectiveness thereof (Part N); intentionally omitted (Part O); inten- tionally omitted (Part P); intentionally omitted (Part Q); inten- tionally omitted (Part R); intentionally omitted (Part S); inten- tionally omitted (Part T); intentionally omitted (Part U); intentionally omitted (Part V); to authorize the energy research and development authority to finance a portion of its research, develop- ment and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environ- mental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); intentionally omitted (Part X); intentionally omitted (Part Y); to amend part UU of chapter 58 of the laws of 2020 authorizing the county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands, in relation to authorizing certain counties to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Part Z); to amend the tax law, in relation to extending certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); intentionally omitted (Part BB); to amend chap- ter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", in relation to the effectiveness thereof (Part CC); inten- tionally omitted (Part DD); intentionally omitted (Part EE); inten- tionally omitted (Part FF); to amend part FF of chapter 55 of the laws of 2017 relating to motor vehicles equipped with autonomous vehicle technology, in relation to the effectiveness thereof (Part GG); inten- tionally omitted (Part HH); to amend part BB of chapter 58 of the laws of 2012, amending the public authorities law, relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to the effectiveness thereof (Part II); intentionally omitted (Part JJ); intentionally omitted (Part KK); to amend the banking law, in relation to the forbearance of residen- tial mortgage payments (Part LL); intentionally omitted (Part MM); intentionally omitted (Part NN); intentionally omitted (Part OO); intentionally omitted (Part PP); intentionally omitted (Part QQ); intentionally omitted (Part RR); intentionally omitted (Part SS); intentionally omitted (Part TT); intentionally omitted (Part UU); intentionally omitted (Part VV); and to authorize utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues; and providing for the repeal of such provisions upon the expiration thereof (Part WW) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year. Each component is wholly contained within a Part identified as Parts A through WW. 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 S. 2508--C 3 A. 3008--C the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Intentionally Omitted PART B Intentionally Omitted PART C Intentionally Omitted PART D Intentionally Omitted PART E Intentionally Omitted PART F Intentionally Omitted PART G Intentionally Omitted PART H Intentionally Omitted PART I Intentionally Omitted PART J Section 1. Section 2 of chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, as amended by section 1 of part FF of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately provided, however, that section one of this act shall expire on July 1, [2021] 2022, at which time the provisions of subdivision 26 of section 5 of the New York state S. 2508--C 4 A. 3008--C urban development corporation act shall be deemed repealed; provided, however, that neither the expiration nor the repeal of such subdivision as provided for herein shall be deemed to affect or impair in any manner any loan made pursuant to the authority of such subdivision prior to such expiration and repeal. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART K Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 of the laws of 1968 constituting the New York state urban development corporation act, as amended by section 1 of part EE of chapter 58 of the laws of 2020, is amended to read as follows: 3. The provisions of this section shall expire, notwithstanding any inconsistent provision of subdivision 4 of section 469 of chapter 309 of the laws of 1996 or of any other law, on July 1, [2021] 2022. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2021. PART L Intentionally Omitted PART M Section 1. Section 3 of part S of chapter 58 of the laws of 2016, relating to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation, as amended by section 1 of part Y of chapter 58 of the laws of 2018, is amended to read as follows: § 3. This act shall take effect on the ninetieth day after it shall have become a law and shall expire and be deemed repealed July 31, [2021] 2026; provided, however, that any assessment due and payable under such marketing orders shall be remitted to the urban development corporation starting 30 days after such effective date. § 2. This act shall take effect immediately. PART N Section 1. Section 2 of chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, as amended by section 1 of part R of chapter 58 of the laws of 2020, is amended to read as follows: § 2. This act shall take effect immediately, provided however, that section one of this act shall be deemed to have been in full force and effect on and after April 1, 2003 [and shall expire March 31, 2021]. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after March 31, 2021. PART O Intentionally Omitted S. 2508--C 5 A. 3008--C PART P Intentionally Omitted PART Q Intentionally Omitted PART R Intentionally Omitted PART S Intentionally Omitted PART T Intentionally Omitted PART U Intentionally Omitted PART V Intentionally Omitted PART W Section 1. Expenditures of moneys by the New York state energy research and development authority for services and expenses of the energy research, development and demonstration program, including grants, the energy policy and planning program, the zero emissions vehi- cle and electric vehicle rebate program, and the Fuel NY program shall be subject to the provisions of this section. Notwithstanding the provisions of subdivision 4-a of section 18-a of the public service law, all moneys committed or expended in an amount not to exceed $22,700,000 shall be reimbursed by assessment against gas corporations, as defined in subdivision 11 of section 2 of the public service law and electric corporations as defined in subdivision 13 of section 2 of the public service law, where such gas corporations and electric corporations have gross revenues from intrastate utility operations in excess of $500,000 in the preceding calendar year, and the total amount assessed shall be allocated to each electric corporation and gas corporation in proportion to its intrastate electricity and gas revenues in the calendar year 2019. Such amounts shall be excluded from the general assessment provisions of subdivision 2 of section 18-a of the public service law. The chair of the public service commission shall bill such gas and/or electric corporations for such amounts on or before August 10, 2021 and such amounts shall be paid to the New York state energy research and development authority on or before September 10, 2021. Upon receipt, the New York state energy research and development authority shall deposit such funds in the energy research and development operating fund estab- lished pursuant to section 1859 of the public authorities law. The New York state energy research and development authority is authorized and S. 2508--C 6 A. 3008--C directed to: (1) transfer up to $4 million to the state general fund for climate change related services and expenses of the department of envi- ronmental conservation, $150,000 to the state general fund for services and expenses of the department of agriculture and markets, and $825,000 to the University of Rochester laboratory for laser energetics from the funds received; and (2) commencing in 2016, provide to the chair of the public service commission and the director of the budget and the chairs and secretaries of the legislative fiscal committees, on or before August first of each year, an itemized record, certified by the presi- dent and chief executive officer of the authority, or his or her desig- nee, detailing any and all expenditures and commitments ascribable to moneys received as a result of this assessment by the chair of the department of public service pursuant to section 18-a of the public service law. This itemized record shall include an itemized breakdown of the programs being funded by this section and the amount committed to each program. The authority shall not commit for any expenditure, any moneys derived from the assessment provided for in this section, until the chair of such authority shall have submitted, and the director of the budget shall have approved, a comprehensive financial plan encom- passing all moneys available to and all anticipated commitments and expenditures by such authority from any source for the operations of such authority. Copies of the approved comprehensive financial plan shall be immediately submitted by the chair to the chairs and secre- taries of the legislative fiscal committees. Any such amount not commit- ted by such authority to contracts or contracts to be awarded or other- wise expended by the authority during the fiscal year shall be refunded by such authority on a pro-rata basis to such gas and/or electric corpo- rations, in a manner to be determined by the department of public service, and any refund amounts must be explicitly lined out in the itemized record described above. § 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART X Intentionally Omitted PART Y Intentionally Omitted PART Z Section 1. Part UU of chapter 58 of the laws of 2020, authorizing the county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands, is amended to read as follows: PART UU Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to the Bay Park Convey- ance Project. Each component is wholly contained within a Subpart iden- tified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a S. 2508--C 7 A. 3008--C Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corre- sponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subject to the provisions of this act, the county of Nassau, acting by and through the county legislature of such county, is hereby authorized to (a) discontinue permanently the use as parkland the [subsurface] lands described in sections [four,] five, seven, eight, [ten] and eleven of this act and establish permanent easements on such lands for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in sections three, FOUR, six [and], nine, AND TEN of this act and establish temporary easements on such lands for the purpose of constructing a subsurface sewer main. Authori- zation for the temporary easements described in sections three, FOUR, six, [and] nine, AND TEN of this act shall cease upon the completion of the construction of such sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of such temporary easements. Authorization for the permanent easements described in sections [four,] five, seven, eight, [ten] and eleven of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent ease- ments. § 2. The authorization provided in section one of this act shall be effective only upon the condition that the county of Nassau dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities. § 3. TEMPORARY EASEMENT - Force main shaft construction area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northerly line of the Nassau County Sewage Treatment Plant property, said Point of Beginning being South [68°00'] 68°06'12" East, as measured along northerly line of said sewage treatment plant, [543] 535.50 feet plus or minus, from the intersection of the northerly line Nassau County Sewage Treatment Plant with the westerly side of Compton Street; running thence South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, [247] 249.60 feet plus or minus; thence South [07°04'] 07°20'58" West [196] 198.58 feet plus or minus; thence North [78°37'] 78°30'32" West [33] 35.88 feet plus or minus; thence North [06°10'] 06°10'23" East [105] 89.20 feet plus or minus; thence North [30°53'] 33°17'21" West [56] 78.28 feet plus or minus; thence North [64°27'] 66°13'52" West [190] 173.72 feet plus or minus; thence North [20°21'] 19°56'50" East [49] 62.50 feet plus or minus, to the northerly line of the Nassau County Sewage Treatment Plant, at the Point of Begin- S. 2508--C 8 A. 3008--C ning. Containing within said bounds [19,700] 23,089 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FIFTY-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section four of this act. Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § 4. [PERMANENT SUBSURFACE] TEMPORARY EASEMENT - Access shaft. Park- land upon and under which a [permanent] TEMPORARY easement may be estab- lished pursuant to subdivision [(a)] (B) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 25 feet, the center of said circle being the following three (3) courses from the intersection of the northerly line of the Nassau County Sewage Treatment Plant with the westerly side of Compton Street: [running thence] South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, [581] 573.10 feet plus or minus to the centerline of the permanent easement for a force main described in section five of this act; thence South [21°34'] 22°24'56" West, along said centerline, [17] 19.74 feet plus or minus; thence South [14°28'] 22°24'56" West, [continuing] along THE PRODUCTION OF said centerline, [1,439] 5.25 feet [plus or minus], to the center of the herein described circular easement. Containing within said bound [707] 1,963 square feet plus or minus. Said [permanent] TEMPORARY ease- ment is for THE CONSTRUCTION OF an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. [Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping.] Said parcel being part of property designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § 5. PERMANENT [SUBSURFACE] EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Bay Park, Town of Hemp- stead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly line of the Nassau County Sewage Treatment Plant property, said Point of Beginning being South [68°00'] 68°06'12" East, as measured along northerly line of said sewage treat- ment plant, [571] 563.10 feet plus or minus, from the intersection of the northerly line Nassau County Sewage Treatment Plant with the wester- ly side of Compton Street; running thence South [68°00'] 68°06'12" East, along the northerly line of said sewage treatment plant, 20.00 feet plus or minus; thence South [21°34'] 22°24'56" West [17] 19.15 feet plus or minus; thence South [14°28'] 14°35'11" West [1,463] 1446.44 feet plus or minus; thence North [75°32'] 75°24'49" West 20.00 feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81 feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet plus or minus, to the northerly line of the Nassau County Sewage Treatment Plant, at the Point of Beginning. Containing within said bounds [29,600] 29,337 square feet. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of proper- S. 2508--C 9 A. 3008--C ty designated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map. § 6. TEMPORARY EASEMENT - Force main shaft construction area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: beginning at a point on the northwesterly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being [more particularly described as commencing at the] NORTH 44°03'41" EAST 50.26 FEET PLUS OR MINUS, FROM THE intersection of the [southerly side of Sunrise Highway Street] NORTHERLY LINE OF LANDS LICENSED TO THE COUN- TY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side of Lake- view Road, FORMERLY KNOWN AS OLD MILL ROAD; running thence [southerly] along the southeasterly side of Lakeview Road [243 feet plus or minus, to the centerline of the], NORTH 44°03'41" EAST 237.63 FEET PLUS OR MINUS; THENCE SOUTH 50°48'50" EAST 70.10 FEET PLUS OR MINUS; THENCE PARTLY THROUGH THE AFOREMENTIONED LANDS LICENSED TO THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION), SOUTH 43°39'59" WEST 239.51 FEET; THENCE PARTIALLY THROUGH A permanent [subsurface] DRAINAGE easement [for force main described in section eight of this act; thence South 60°06' East, along said centerline, 25 feet plus or minus, to the northwesterly line of the temporary easement] GRANTED FROM THE CITY OF NEW YORK TO THE COUNTY OF NASSAU, AS SHOWN ON MAP OF REAL PROPERTY TO BE ACQUIRED for the [force main shaft construction area] IMPROVEMENT OF BELLMORE CREEK FROM WILSON AVENUE TO LAKEVIEW ROAD, FILED FEBRUARY 8, 1979, AT THE NASSAU COUNTY CLERK'S OFFICE AS MAP NO. H-1841, AND ALSO THROUGH THE AFOREMENTIONED LICENSED LANDS, NORTH 49°12'28" WEST 71.62 FEET PLUS OR MINUS; TO THE SOUTHEAST- ERLY SIDE OF LAKEVIEW ROAD, at the Point of Beginning. [Running thence North 39°06' East 111 feet plus or minus; thence South 55°47' East 70 feet plus or minus; thence South 38°42' West 240 feet plus or minus; thence North 54°11' West 72 feet plus or minus; thence North 39°06' East 127 feet plus or minus, to the Point of Beginning.] Containing within said bounds [16,900] 16,864 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter PERMANENT access shaft. The location of said PERMANENT access shaft is more particularly described in section seven of this act. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § 7. PERMANENT [SUBSURFACE] EASEMENT - Access shaft. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particular- S. 2508--C 10 A. 3008--C ly bounded and described as follows: [a circular easement with a radius of 15 feet,] BEGINNING AT A POINT ON the [center] of SOUTHEASTERLY SIDE OF LAKEVIEW ROAD, said [circle] POINT OF BEGINNING being [the following two (2) courses] NORTH 44°03'41" EAST 170.39 FEET PLUS OR MINUS, from the intersection of the [southerly side of Sunrise Highway] NORTHERLY LINE OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side of Lakeview Road[: Southerly], FORMERLY KNOWN AS OLD MILL ROAD; RUNNING THENCE, along the southeasterly side of Lakeview Road [243 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section eight of this act; South 60°06' East, along said centerline, 51], NORTH 44°03'41" EAST 25.04 feet plus or minus, to the [center of the herein described circular easement.] BEGINNING OF A NON-TANGENT CURVE; THENCE 111.59 FEET PLUS OR MINUS ALONG SAID NON-TANGENT CIRCULAR CURVE TO THE RIGHT THAT HAS A RADIUS OF 22.00 FEET, SUBTENDS AN ANGLE OF 290°37'31", AND HAS A CHORD THAT BEARS SOUTH 44°03'41" WEST 25.04 FEET, TO THE POINT OF BEGINNING. Containing within said bounds a surface area of [707] 1,454 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approxi- mate depth of 70 feet. THE PERMANENT EASEMENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAIN- TENANCE, REPAIR AND RECONSTRUCTION. Any permanent surface improvements FOR A MANHOLE OR for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map. § 8. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning at a point on the southeasterly side of Lakeview Road, said Point of Beginning being southwesterly 222 feet plus or minus, as meas- ured along the southeasterly side of Lakeview Road from the intersection of the southerly side of Sunrise Highway with the southeasterly side of Lakeview Road; thence South 60°06' East 49 feet plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence South 16°16' West 53 feet plus or minus; thence North 32°15' West 1,785 feet plus or minus; thence North 60°06' West 53 feet plus or minus, to the southeasterly side of Lakeview Road; thence North 48°13' East, along the southeasterly side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning. Containing within said bounds 72,900 square feet plus or minus.] BEGIN- NING AT THE INTERSECTION OF THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE SOUTHERLY LINE OF A PERMANENT EASE- MENT GRANTED BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMIS- SION) TO THE TOWN OF HEMPSTEAD FOR HIGHWAY PURPOSES SHOWN AS PARCEL E ON S. 2508--C 11 A. 3008--C MAP NO. 21R-1651, DATED SEPTEMBER 30, 1935 AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, WITH THE EASTERLY SIDE OF LINDEN STREET, ALSO BEING THE WESTERLY SIDE OF WANTAGH STATE PARKWAY; RUNNING THENCE SOUTH 87°54'31" WEST 16.42 FEET PLUS OR MINUS, ALONG THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY; THENCE THROUGH THE AFOREMENTIONED EASEMENT, NORTH 49°40'30" WEST 172.07 FEET PLUS OR MINUS; THENCE PARTIALLY THROUGH LANDS LICENSED TO THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG ISLAND STATE PARK COMMISSION), AS DESCRIBED IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, ALSO AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, NORTH 32°14'44" WEST 1,935.06 FEET; THENCE NORTH 60°00'15" WEST 18.68 FEET PLUS OR MINUS, TO THE SOUTHEASTERLY SIDE OF LAKEVIEW ROAD; THENCE ALONG THE SOUTHEASTERLY SIDE OF LAKEVIEW ROAD, NORTH 44°03'41" EAST 20.62 FEET PLUS OR MINUS; THENCE SOUTH 60°00'15" EAST 18.61 FEET PLUS OR MINUS; THENCE THROUGH THE AFOREMENTIONED LICENSED LANDS, SOUTH 32°14'44" EAST 1,936.94 FEET; THENCE SOUTH 49°40'30" EAST 294.48 FEET PLUS OR MINUS, TO THE WESTERLY SIDE OF THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE EASTERLY SIDE OF LINDEN STREET; THENCE NORTHWESTERLY ALONG THE WESTERLY SIDE OF THE WANTAGH STATE PARK- WAY, BEING ALSO THE EASTERLY SIDE OF LINDEN STREET, 113.74 FEET PLUS OR MINUS ALONG THE ARC OF A NON-TANGENT CURVE, BEARING TO THE LEFT, HAVING A RADIUS OF 1,233.00', A CHORD THAT BEARS NORTH 54°10'34" WEST 113.70 FEET PLUS OR MINUS, TO THE SOUTHERLY SIDE OF THE WANTAGH STATE PARKWAY, AT THE POINT OF BEGINNING. CONTAINING WITHIN SAID BOUNDS 43,088 SQUARE FEET PLUS OR MINUS. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a mini- mum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map. § 9. TEMPORARY EASEMENT - Force main shaft construction area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at the hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: [beginning] BEGIN- NING at a point on the northerly line of the herein described temporary easement for [the force main shaft] construction [area] STAGING, said Point of Beginning being more particularly described as commencing at the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence [southerly] SOUTH 02°05'40" EAST, along the easterly side of Wantagh Parkway [319], 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section eleven of this act; thence South [19°15'] 19°14'42" East, along said centerline, [257] 166.40 feet plus or minus, to the northerly line of the temporary easement for [the force main shaft] construction [area] STAGING, at the Point of Beginning. Running thence North [87°25'] 87°24'47" East 122.41 feet plus or minus; thence [south 33°56'] SOUTH 33°56'04" East [68] 67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69 feet plus or S. 2508--C 12 A. 3008--C minus; thence South [86°38'] 86°37'33 West 78.30 feet plus or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or minus; thence South [47°04'] 47°03'34" West [103] 102.51 feet plus or minus; thence South [86°22'] 86°22'25" West [28] 27.76 feet plus or minus; thence North [08°39'] 07°01'12" West [264] 263.59 feet plus or minus; thence North [87°25'] 87°24'47" East [53] 45.17 feet plus or minus, to the Point of Beginning. Containing within said bounds [36,500] 35,505 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section ten of this act. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § 10. [PERMANENT SUBSURFACE] TEMPORARY EASEMENT - Access shaft. Park- land upon and under which a [permanent] TEMPORARY easement may be estab- lished pursuant to subdivision [(a)] (B) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 22 feet, the center of said circle being the following two (2) courses from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Park- way: [Southerly] SOUTH 02°05'40" EAST along the easterly side of Wantagh Parkway [319], 392.77 feet plus or minus, to the centerline of the permanent subsurface easement for force main, described in section elev- en of this act; thence South [19°15'] 19°14'42" East, along said center- line, [315] 224.60 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said [permanent] TEMPO- RARY easement is for THE CONSTRUCTION OF an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. [Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscap- ing.] Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 765H, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § 11. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at the Hamlet of Wantagh, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: beginning at a point on the easterly side of THE Wantagh STATE Parkway, said Point of Beginning being [southerly 285] SOUTH 02°05'40" EAST 358.86 feet plus or minus[, as measured along the easterly side of Wantagh Parkway] from the intersection of the southerly side of Byron Street with the easterly side of Wantagh Parkway; running thence South [19°15'] 19°14'42" East [349] 258.49 feet plus or minus; thence South [02°17'] 02°16'58" East [1,882] 1,725.93 feet plus or minus; thence [South 09°25' East 1,202] SOUTHWESTERLY 43.40 feet plus or minus[; thence South 80°35'] ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADI- US OF 1,075.00 FEET AND A CHORD THAT BEARS SOUTH 25°09'48" West [20 feet plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus; thence North [02°17'] 02°16'58" West [1,880] 1,761.45 feet plus or S. 2508--C 13 A. 3008--C minus; thence North [19°15'] 19°14'42" West [281] 190.70 feet plus or minus, to the easterly side of Wantagh Parkway; thence North [02°09'] 02°05'40" West, along the easterly side of Wantagh Parkway, [68] 67.82 feet plus or minus, to the Point of Beginning. Containing within said bounds [68,000] 39,359 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 63 Block: 261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. § 12. Should the lands described in sections [four,] five, seven, eight, [ten] and eleven of this act cease to be used for the purposes described in section one of this act, the permanent easements estab- lished pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § 13. In the event that the county of Nassau received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections three through eleven of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the county of Nassau has complied with any applicable federal require- ments pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conver- sion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alien- ated or converted. § 14. This act shall take effect immediately. SUBPART B Section 1. Subject to the provisions of this act, the village of East Rockaway, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the subsurface lands described in sections four and five of this act and to grant permanent easements on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in section three this act and grant temporary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Authorization for the temporary easement described in section three of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easement. Authorization for the permanent easements described in sections four and five of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the estab- lishment of the permanent easements. § 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of East Rockaway dedicate an amount equal to or greater than the fair market value of the S. 2508--C 14 A. 3008--C parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities. § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- land upon and under which a temporary easement may be granted pursuant to subdivision (b) of section one of this act is described as follows: all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incor- porated Village of East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more particular- ly bounded and described as follows: [beginning] BEGINNING at a point on the westerly line of the herein described temporary easement for the force main shaft construction area, said Point of Beginning being more particularly described as commencing at the [intersection of the northeasterly side of Long Island Railroad right-of-way with the easter- ly side of Ocean Avenue; running thence North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14, on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map;] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494, RUNNING thence South [74°46'] 76°23'40" East, [partly along said northerly line, 206] ON THE NORTHERLY PROPERTY LINE PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 53.41 feet plus or minus, to the westerly line of the HEREIN DESCRIBED temporary easement[,] at the Point of Beginning. Running thence North [15°34'] 14°03'08" East [49] 42.21 feet plus or minus; thence South [67°33'] 67°25'43" East [238] 237.47 feet plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or minus; thence South [64°59'] 64°59'21" West [117] 106.15 feet [plus or minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet plus or minus, to the Point of Beginning. Containing within said bounds [23,000] 23,103 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said PERMANENT access shaft is more particularly described in section four of this act. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § 4. PERMANENT [SUBSURFACE] EASEMENT - Access Shaft. Parkland upon and under which a permanent easement may be granted pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rocka- way, and the Hamlet of Oceanside, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: a circular easement with a radius of [15] 22 feet, the center of said circle being the following [three (3)] TWO (2) courses from the [intersection of the northeasterly side of Long Island Railroad right- of-way with the easterly side of Ocean Avenue; North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the north- erly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494; South [74°46'] 76°23'40" East, [partly along] ON the [said] northerly PROPERTY line[, 333] PRODUCED, OF PROPERTY S. 2508--C 15 A. 3008--C DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 185.51 feet plus or minus[,]; to the centerline of the PERMANENT subsurface easement for force main, described in section five this act; thence [South 19°04' West,] along said EASEMENT centerline[, 16] SOUTH 19°04'18" WEST 22.47 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said permanent easement is for an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. THE PERMANENT EASEMENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAINTENANCE, REPAIR AND RECONSTRUCTION. Any permanent surface improve- ments FOR A MANHOLE OR for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping. Said parcel being part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. § 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be granted pursuant to subdivision (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rocka- way, and the Hamlet of Oceanside, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the westerly line of the herein described permanent subsurface easement, said Point of Beginning being more particularly described as commencing at the [intersection of the northeasterly side of Long Island Railroad right- of-way with the easterly side of Ocean Avenue; running thence North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly line] NORTHEAST CORNER of property [designated as Section 38 Block E Lot 14 on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF EAST ROCKA- WAY, RECORDED SEPTEMBER 18, 1964 AT THE Nassau County [Land and Tax Map; thence] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494; RUNNING THENCE South [74°46'] 76°23'40" East, [partly along] ON the [said] northerly PROPERTY line[, 323] PRODUCED, OF PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE 494, A DISTANCE OF 175.47 feet plus or minus, to the westerly line of the HEREIN DESCRIBED permanent easement, at the Point of Beginning. Running thence North [19°04'] 19°04'18" East [73] 31.11 feet plus or minus, to the [northerly line of property designated as Section 38 Block E Lot 21A on the Nassau County Land and Tax Map] SOUTHERLY SIDE OF MILL RIVER; thence South [60°10'] 67°42'35" East, along [said northerly line] THE SOUTHERLY SIDE OF MILL RIVER, [20] 20.03 feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet plus or minus; thence South [15°40'] 15°40'03" East [116] 55.00 feet plus or minus, to the [south line] NORTHERLY SIDE of [property desig- nated as Section 38 Block E Lot 21A on the Nassau County Land and Tax Map] MILL RIVER; thence North [88°09'] 84°40'35" West [21], ALONG THE NORTHERLY SIDE OF MILL RIVER, 20.33 feet plus or minus; thence North [15°40'] 15°40'03" West [116] 57.60 feet plus or minus; thence North [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the Point of Beginning. Containing within said bounds [4,100] 2,167 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of proper- ty designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County Land and Tax Map. S. 2508--C 16 A. 3008--C § 6. Should the lands described in sections four and five of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § 7. In the event that the village of East Rockaway received any fund- ing support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections three through five of this act, the discontinuance and alienation of such parklands authorized by the provisions of this act shall not occur until the village of East Rockaway has complied with any applicable federal requirements pertaining to the alienation or conversion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § 8. This act shall take effect immediately. SUBPART C Section 1. Subject to the provisions of this act, the village of Rock- ville Centre, in the county of Nassau, acting by and through the village board of such village, is hereby authorized to (a) discontinue perma- nently the use as parkland the [subsurface] lands described in sections three[, four] and six of this act and to grant permanent easements on such lands to the State of New York or county of Nassau for the purpose of constructing, operating, maintaining and repairing a subsurface sewer main, and (b) discontinue temporarily the use as parkland the lands described in sections FOUR, five, and seven of this act and grant tempo- rary easements on such lands to the county of Nassau for the purpose of constructing a subsurface sewer main. Authorization for the temporary easements described in sections FOUR, five, and seven of this act shall cease upon the completion of the construction of the sewer main, at which time the department of environmental conservation shall restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the grant of the temporary easements. Authorization for the permanent easements described in sections three[, four] and six of this act shall require that the department of environmental conservation restore the surface of the parklands disturbed and the parklands shall continue to be used for park purposes as they were prior to the establishment of the permanent ease- ments. § 2. The authorization provided in section one of this act shall be effective only upon the condition that the village of Rockville Centre dedicate an amount equal to or greater than the fair market value of the parklands being discontinued to the acquisition of new parklands and/or capital improvements to existing park and recreational facilities. § 3. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of East Rockaway, and the Incorporated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York, being a 20-foot wide strip of land more particularly bounded and described as follows: [the] BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MILL RIVER AVENUE, SAID S. 2508--C 17 A. 3008--C Point of Beginning being [at] SOUTH 74°20'24" EAST, AS MEASURED ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, 60.73 FEET PLUS OR MINUS FROM the intersection of the northerly side of Mill River Avenue with the easterly side of Riverside Road; running thence [northerly along the easterly side of Riverside Road 346 feet plus or minus; thence South 13°01' West 346] NORTH 10°26'55" EAST 461.31 feet plus or minus, to the [northerly] SOUTHERLY side of [Mill River] SOUTH PARK Avenue; thence [westerly] along the [northerly] SOUTHERLY side of [Mill River] SOUTH PARK Avenue, [17] SOUTH 79°11'54" EAST 20.00 FEET PLUS OR MINUS, THENCE SOUTH 10°26'55" WEST 463.01 feet plus or minus, to the [easterly side of Riverside Road, at] NORTHERLY SIDE OF MILL RIVER AVENUE, THENCE ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, NORTH 74°20'24" WEST 20.08 FEET PLUS OR MINUS, TO the Point of Beginning. Containing within said bounds [3,100] 9,243 square feet plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a minimum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land and Tax Map. § 4.[PERMANENT SUBSURFACE] TEMPORARY EASEMENT - Access Shaft. Parkland upon and under which a [permanent] TEMPORARY easement may be established pursuant to subdivision [(a)] (B) of section one of this act is described as all that certain plot, piece or parcel of land with build- ings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as a circular easement with a radius of [15] 22 feet, the center of said circle being the following two (2) courses from the intersection of the northerly side of SOUTH Park Avenue with the easter- ly side of [Oxford] CHESTER Road: [Easterly] SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section six of this act; North [13°01'] 10°26'55" East, along said centerline, [953] 953.71 feet plus or minus, to the center of the herein described circular easement. Containing within said bounds a surface area of [707] 1,521 square feet plus or minus. Said [permanent] TEMPORARY easement is for THE CONSTRUCTION OF an access shaft that extends from the surface of the ground to an approximate depth of 70 feet. [Any permanent surface improvements for cathodic protection, if necessary, would be flush with the ground surface or integrated into site landscaping.] Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F [and Section: 38, Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map. § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: Beginning at a point on the southerly side of the herein described temporary easement for [the force main shaft] construction [area] STAGING, said Point of Beginning being more particularly described as commencing at the intersection of the northerly side of S. 2508--C 18 A. 3008--C SOUTH Park Avenue with the easterly side of [Oxford] CHESTER Road; running thence [easterly] SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline of the permanent subsurface easement for force main described in section six of this act; thence North [13°01'] 10°26'55" East, along said centerline, [920] 920.41 feet plus or minus, to the southerly line of the temporary easement, at the Point of Beginning. Running thence North [76°19'] 76°19'09" West [136 feet plus or minus, to the easterly termi- nus of Merton Avenue (unopened); thence North 76°19' West, through the unopened part of Merton Avenue, 48] 185.92 feet plus or minus; thence North [14°49'] 14°49'03" East [5' feet plus or minus, to the northerly side of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or minus; thence South [76°29'] 76°28'34" East [66] 65.98 feet plus or minus; thence North [36°47'] 36°46'43" East [61] 60.84 feet plus or minus; thence North [78°41'] 78°41'29" East [145] 145.19 feet plus or minus; thence South [65°54'] 65°54'19" East [46] 45.62 feet plus or minus; thence South [29°39'] 29°38'55" WEST 146.71 FEET PLUS OR MINUS; THENCE NORTH 76°19'09" West [147 feet plus or minus; thence North 76°19' West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing within said bounds [22,800] 22,827 square feet plus or minus. The above described temporary easement is for the construction of a [thirty-foot] FORTY-FOUR-FOOT diameter access shaft. The location of said TEMPORARY access shaft is more particularly described in section four of this act. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F and [Section: 38, Block: T, Lots: 50A, 50B, 50C] PART OF MERTON AVENUE (NOT OPEN) on the Nassau County Land and Tax Map. § 6. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and under which a permanent easement may be established pursuant to subdivi- sion (a) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improvements thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- rated Village of Lynbrook, Town of Hempstead, County of Nassau and State of New York being a 20-foot wide strip of land more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly side of SOUTH Park Avenue, said [Point of Beginning 193 feet plus or minus easterly, as measured] POINT BEING SOUTH 79°24'16" EAST, along the northerly side of SOUTH Park Avenue, 237.33 FEET PLUS OR MINUS, from the intersection of the northerly side of SOUTH Park Avenue with the easterly side of [Oxford] CHESTER Road; running thence North [13°01'] 10°26'55" East [956] 956.35 feet plus or minus; thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to the [northeasterly line of property designated as Section 38 Block F Lot 50F, on the Nassau County Land and Tax Map] WESTERLY SIDE OF MILL RIVER; thence [South 53°10' East,] along [said northeasterly line, 20] THE WESTERLY SIDE OF MILL RIVER THE FOLLOWING FIVE (5) COURSES SOUTH 10°54'32" EAST 4.49 FEET PLUS OR MINUS; SOUTH 08°32'16" WEST 6.44 FEET PLUS OR MINUS; SOUTH 17°55'44 WEST 8.24 FEET PLUS OR MINUS; SOUTH 10°55'50" WEST 4.90 FEET PLUS OR MINUS; SOUTH 07°44'20" WEST 14.16 feet plus or minus; thence South [44°00'] 40°12'27" West [443] 427.49 feet plus or minus; thence South [13°01'] 10°26'55" West [950] 951.08 feet plus or minus[,] to the northerly side of SOUTH Park Avenue; thence North [79°36'] 79°24'16" West, along [said] THE northerly side OF SOUTH PARK AVENUE, [20] 20.00 feet plus or minus, to the Point of Beginning[; containing]. CONTAINING within said bounds [28,000] 28,014 square feet S. 2508--C 19 A. 3008--C plus or minus. The above described permanent easement is for the construction and operation of a six-foot diameter force main at a mini- mum depth of fifteen feet below the ground surface. Said parcel being part of property designated as Section: 38 Block: F [Lots: 39-42, 50C,] LOT: 50F and Section: 38, Block: T, [Lots] LOT: 50A[, 50B, 50C] on the Nassau County Land and Tax Map. § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- land upon and under which a temporary easement may be established pursu- ant to subdivision (b) of section one of this act is described as all that certain plot, piece or parcel of land with buildings and improve- ments thereon erected, situate, lying and being located at Incorporated Village of Rockville Centre, Town of Hempstead, County of Nassau and State of New York being more particularly bounded and described as follows: [beginning] BEGINNING at a point on the northerly side of Sunrise Highway (New York State Route [27A] 27), said [Point of Begin- ning] POINT being distant [254] 82.57 feet [plus or minus] westerly [as measured] along the northerly side of Sunrise Highway from the [inter- section of] EXTREME WESTERLY AND OF AN ARC OF A CURVE CONNECTING the northerly side of Sunrise Highway with the westerly side of NORTH Forest Avenue[; running]. RUNNING thence [North 86°15' West,] along the north- erly side of Sunrise Highway THE FOLLOWING THREE (3) COURSES: SOUTHWES- TERLY 250.24 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 862.00 FEET AND A CHORD THAT BEARS SOUTH 77°03'07" WEST 249.36 FEET PLUS OR MINUS, [175 feet plus or minus; thence] South [68°26'] 68°43'30" West[, continuing along the northerly side of Sunrise Highway, 111] 161.85 FEET PLUS OR MINUS; SOUTHWESTERLY 20.44 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 592.00 FEET AND A CHORD THAT BEARS SOUTH 69°00'05" WEST 20.44 feet plus or minus; thence North [14°47'] 14°30'46" West [162] 215.45 feet plus or minus, to the southerly side of [the] Long Island Rail Road [right-of-way]; thence [South 86°59' East,] along the southerly side of the Long Island Rail Road, [479] SOUTH 87°41'41" EAST 469.93 feet plus or minus; thence South [01°59'] 02°13'26" West [75] 67.80 feet plus or minus, to the northerly side of [the travelled way of] Sunrise Highway, [then 160 feet plus or minus along the arc or a circular curve to the left that has a radius of 850 feet and a chord that bears South 80°03' West 160 feet plus or minus to] AT the Point of Beginning. Containing within said bounds [50,300] 57,506 square feet plus or minus. The above described temporary easement is necessary for the construction of temporary access to the aqueduct below Sunrise High- way area. Said parcel being part of property designated as Section: 38 Block: 291 Lot: 17 on the Nassau County Land and Tax Map. § 8. Should the lands described in sections three[, four] and six of this act cease to be used for the purposes described in section one of this act, the permanent easements established pursuant to section one of this act shall cease and such lands shall be restored and dedicated as parklands. § 9. In the event that the village of Rockville Centre received any funding support or assistance from the federal government for the purchase, maintenance, or improvement of the parklands set forth in sections three through seven of this act, the discontinuance and alien- ation of such parklands authorized by the provisions of this act shall not occur until the village of Rockville Centre has complied with any applicable federal requirements pertaining to the alienation or conver- sion of parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the S. 2508--C 20 A. 3008--C secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted. § 10. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section, subpart or part of this act shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, subpart or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. § 2. This act shall take effect immediately. PART AA Section 1. Subparagraph (i) of paragraph 3 of subdivision (a) of section 21 of the tax law, as amended by section 17 of part BB of chap- ter 56 of the laws of 2015, is amended to read as follows: (i) The tangible property credit component shall be equal to the applicable percentage of the cost or other basis for federal income tax purposes of tangible personal property and other tangible property, including buildings and structural components of buildings, which constitute qualified tangible property and may include any related party service fee paid; provided that in determining the cost or other basis of such property, the taxpayer shall exclude the acquisition cost of any item of property with respect to which a credit under this section was allowable to another taxpayer. A related party service fee shall be allowed only in the calculation of the tangible property credit compo- nent and shall not be allowed in the calculation of the site preparation credit component or the on-site groundwater remediation credit compo- nent. The portion of the tangible property credit component which is attributable to related party service fees shall be allowed only as follows: (A) in the taxable year in which the qualified tangible proper- ty described in subparagraph (iii) of this paragraph is placed in service, for that portion of the related party service fees which have been earned and actually paid to the related party on or before the last day of such taxable year; and (B) with respect to any other taxable year for which the tangible property credit component may be claimed under this subparagraph and in which the amount of any additional related party service fees are actually paid by the taxpayer to the related party, the tangible property credit component for such amount shall be allowed in such taxable year. The credit component amount so determined shall be allowed for the taxable year in which such qualified tangible property is first placed in service on a qualified site with respect to which a certificate of completion has been issued to the taxpayer, or for the taxable year in which the certificate of completion is issued if the qualified tangible property is placed in service prior to the issu- ance of the certificate of completion. This credit component shall only be allowed for up to one hundred twenty months after the date of the issuance of such certificate of completion, PROVIDED, HOWEVER, THAT FOR QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION IS ISSUED ON OR S. 2508--C 21 A. 3008--C AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO THOUSAND TWELVE, THE COMMISSIONER MAY EXTEND THE CREDIT COMPONENT FOR UP TO ONE HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE, IF THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, DETERMINES THAT THE REQUIREMENTS FOR THE CREDIT WOULD HAVE BEEN MET IF NOT FOR THE RESTRICTIONS RELATED TO THE STATE DISASTER EMER- GENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020 OR ANY EXTENSION THEREOF OR SUBSEQUENT EXECUTIVE ORDER ISSUED IN RESPONSE TO THE NOVEL CORONAVIRUS (COVID-19) PANDEMIC. § 2. This act shall take effect immediately. PART BB Intentionally Omitted PART CC Section 1. Section 12 of part F of chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter 65 of the laws of 2019, is amended to read as follows: § 12. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2013; provided, however, that the amendments to subdivision 5-a of section 27-1015 of the environmental conservation law, as added by section nine of this act, shall expire and be deemed repealed on April 1, [2021] 2026. § 2. This act shall take effect immediately. PART DD Intentionally Omitted PART EE Intentionally Omitted PART FF Intentionally Omitted PART GG Section 1. Section 3 of part FF of chapter 55 of the laws of 2017, relating to motor vehicles equipped with autonomous vehicle technology, as amended by section 2 of part M of chapter 58 of the laws of 2019, is amended to read as follows: § 3. This act shall take effect April 1, 2017; provided, however, that section one of this act shall expire and be deemed repealed April 1, [2021] 2023. § 2. This act shall take effect immediately. PART HH Intentionally Omitted PART II S. 2508--C 22 A. 3008--C Section 1. Section 2 of part BB of chapter 58 of the laws of 2012 amending the public authorities law, relating to authorizing the dormi- tory authority to enter into certain design and construction management agreements, as amended by section 1 of part B of chapter 58 of the laws of 2019, is amended to read as follows: § 2. This act shall take effect immediately and shall expire and be deemed repealed April 1, [2021] 2023. § 2. The dormitory authority of the state of New York shall provide a report providing information regarding any project undertaken pursuant to a design and construction management agreement, as authorized by part BB of chapter 58 of the laws of 2012, between the dormitory authority of the state of New York and the department of environmental conservation and/or the office of parks, recreation and historic preservation to the governor, the temporary president of the senate and speaker of the assembly. Such report shall include but not be limited to a description of each such project, the project identification number of each such project, if applicable, the projected date of completion, the status of the project, the total cost or projected cost of each such project, and the location, including the names of any county, town, village or city, where each such project is located or proposed. In addition, such a report shall be provided to the aforementioned parties by the first day of March of each year that the authority to enter into such agreements pursuant to part BB of chapter 58 of the laws of 2012 is in effect. § 3. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. PART JJ Intentionally Omitted PART KK Intentionally Omitted PART LL Section 1. Paragraph (a) of subdivision 1 of section 9-x of the bank- ing law, as amended by section 1 of part C of chapter 126 of the laws of 2020, is amended to read as follows: (a) "Covered period" means March 7, 2020 until the LATER OF DECEMBER 31, 2021 OR THE date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-es- sential gatherings of individuals of any size for any reason in Execu- tive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and 202.31 and as further extended by any future Executive Order, issued in response to the COVID-19 pandemic continue to apply in the county of the qualified mortgagor's residence; § 2. This act shall take effect immediately. PART MM Intentionally Omitted S. 2508--C 23 A. 3008--C PART NN Intentionally Omitted PART OO Intentionally Omitted PART PP Intentionally Omitted PART QQ Intentionally Omitted PART RR Intentionally Omitted PART SS Intentionally Omitted PART TT Intentionally Omitted PART UU Intentionally Omitted PART VV Intentionally Omitted PART WW Section 1. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the department of agriculture and markets from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of agriculture and markets' participation in general ratemaking proceedings pursuant to section 65 of the public service law or certif- ication proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the commissioner of the department of agriculture and markets shall submit an accounting of such expenses, including, but not limited to, expenses in the 2021--2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. S. 2508--C 24 A. 3008--C § 2. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the department of state from the special revenue funds- other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the activities of the department of state's utility intervention unit pursuant to subdivision 4 of section 94-a of the executive law, including, but not limited to participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, and expenses related to the activities of the major renewable energy development program established by section 94-c of the executive law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the secretary of state shall submit an accounting of such expenses, including, but not limited to, expenses in the 2021--2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commis- sion for the chair's review pursuant to the provisions of section 18-a of the public service law. § 3. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the office of parks, recreation and historic preservation from the special revenue funds-other/state operations, miscellaneous special revenue fund-339, public service account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the office of parks, recreation and historic preservation's participation in general ratemaking proceedings pursuant to section 65 of the public service law or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the commissioner of the office of parks, recreation and historic preservation shall submit an accounting of such expenses, including, but not limited to, expenses in the 2021--2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. § 4. Expenditures of moneys appropriated in a chapter of the laws of 2021 to the department of environmental conservation from the special revenue funds-other/state operations, environmental conservation special revenue fund-301, utility environmental regulation account shall be subject to the provisions of this section. Notwithstanding any other provision of law to the contrary, direct and indirect expenses relating to the department of environmental conservation's participation in state energy policy proceedings, or certification proceedings pursuant to article 7 or 10 of the public service law, shall be deemed expenses of the department of public service within the meaning of section 18-a of the public service law. No later than August 15, 2022, the commissioner of the department of environmental conservation shall submit an account- ing of such expenses, including, but not limited to, expenses in the 2021--2022 state fiscal year for personal and non-personal services and fringe benefits, to the chair of the public service commission for the chair's review pursuant to the provisions of section 18-a of the public service law. S. 2508--C 25 A. 3008--C § 5. Notwithstanding any other law, rule or regulation to the contra- ry, expenses of the department of health public service education program incurred pursuant to appropriations from the cable television account of the state miscellaneous special revenue funds shall be deemed expenses of the department of public service. No later than August 15, 2022, the commissioner of the department of health shall submit an accounting of expenses in the 2021--2022 state fiscal year to the chair of the public service commission for the chair's review pursuant to the provisions of section 217 of the public service law. § 6. Any expense deemed to be expenses of the department of public service pursuant to sections one through four of this act shall not be recovered through assessments imposed upon telephone corporations as defined in subdivision 17 of section 2 of the public service law. § 7. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021 and shall expire and be deemed repealed April 1, 2022. § 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 WW of this act shall be as specifically set forth in the last section of such Parts.
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