[ ] 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.