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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Apr 09, 2022 |
signed chap.58 delivered to governor |
| Apr 08, 2022 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.73 substituted for a9008c referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.749 print number 8008c |
| Apr 08, 2022 |
amend (t) and recommit to finance |
| Mar 13, 2022 |
print number 8008b |
| Mar 13, 2022 |
amend (t) and recommit to finance |
| Feb 22, 2022 |
print number 8008a |
| Feb 22, 2022 |
amend (t) and recommit to finance |
| Jan 19, 2022 |
referred to finance |
Senate Bill S8008C
Signed By Governor2021-2022 Legislative Session
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2022-2023 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Apr 8, 2022
aye (48)- Addabbo Jr.
- Bailey
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
- Weik
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Apr 8, 2022 - Finance Committee Vote
S8008C14Aye7Nay1Aye with Reservations1Absent0Excused0Abstained -
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Bill Amendments
2021-S8008 - Details
- See Assembly Version of this Bill:
- A9008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S8008 - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2022-2023 state fiscal year; relates to providing for mass transportation payments, in relation to the amount of payments in the Capital District Transportation District; adds Montgomery County to such District (Part E); relates to the electronic submission and public posting of bids for New York state thruway authority construction, reconstruction and improvement contracts (Part F)
2021-S8008 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8008 A. 9008
S E N A T E - A S S E M B L Y
January 19, 2022
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to transportation worker safety; and to amend the penal law,
in relation to establishing the offense of menacing a highway worker
(Subart A); to amend the vehicle and traffic law, in relation to
increasing fines payable by a driver of a motor vehicle who causes
injury to a pedestrian (Subpart B); to amend the vehicle and traffic
law, in relation to leaving the scene of an accident; and to amend the
highway law in relation to clearing of vehicles from highways (Subpart
C); to amend the vehicle and traffic law, in relation to work zone
safety and outreach program (Subpart D); to amend the vehicle and
traffic law, in relation to increasing penalties for certain traffic
infractions and the use of global positioning system technology; to
amend the vehicle and traffic law and the general business law, in
relation to notification of parkway prohibitions (Subpart E); and to
amend the highway law, in relation to increasing certain fines for
violations related to permits for work within the state highway right
of way (Subpart F) (Part A); to amend the highway law and the trans-
portation law, in relation to consolidated local highway assistance
payments (Part B); to amend the transportation law, in relation to
airport improvement and revitalization (Part C); to amend the highway
law, in relation to the entry of adjacent lands for the safe function-
ality of state highway infrastructure (Part D); to amend chapter 413
of the laws of 1999, relating to providing for mass transportation
payments, in relation to the amount of payments in the Capitol
District Transportation District and adding Montgomery County to such
District (Part E); to amend the public authorities law, in relation to
the electronic submission and public posting of bids for New York
state thruway authority construction, reconstruction and improvement
contracts (Part F); to amend the public authorities law, in relation
to procurement contracts (Part G); to amend the public authorities
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-01-2
S. 8008 2 A. 9008
law, in relation to increasing the statutory threshold for mandatory
use of design-build by the metropolitan transportation authority (Part
H); to amend the public authorities law, in relation to procurements
conducted by the metropolitan transportation authority and the New
York city transit authority (Part I); to amend chapter 54 of the laws
of 2016 amending the general municipal law relating to the New York
transit authority and the metropolitan transportation authority, in
relation to extending authorization for tax increment financing for
the metropolitan transportation authority (Part J); to amend the
public authorities law, in relation to MTA capital projects and utili-
ty relocations (Part K); to amend the penal law, in relation to
assaulting or harassing certain employees of a transit agency or
authority (Part L); to amend the vehicle and traffic law, in relation
to owner liability for failure of operator to comply with bus opera-
tion-related local law or regulation traffic restrictions; and to
amend part II of chapter 59 of the laws of 2010, amending the vehicle
and traffic law and the public officers law relating to establishing a
bus rapid transit demonstration program to restrict the use of bus
lanes by means of bus lane photo devices, in relation to the effec-
tiveness thereof (Part M); to amend the penal law, in relation to
including the intentional use of any toll highway, parkway, road,
bridge or tunnel or entry into or remaining in a tolled central busi-
ness district without payment of the lawful toll or charge as a theft
of services; to amend the vehicle and traffic law, in relation to the
penalty imposed upon the operator of a vehicle with an altered or
obscured license plate while on a toll highway, bridge or tunnel; to
amend the vehicle and traffic law, in relation to deterring fraudulent
use of the toll exemption for vehicles transporting persons with disa-
bilities into or remaining in a tolled central business district; and
to amend the vehicle and traffic law, in relation to allowing the
commissioner of motor vehicles to deny registration, reregistration,
renewal, replacement or transfer of the registration of a vehicle and
vehicle identification number suspended for toll evasion, or subject
to a pending toll authority request for suspension (Part N); to amend
chapter 751 of the laws of 2005, amending the insurance law and the
vehicle and traffic law relating to establishing the accident
prevention course internet technology pilot program, in relation to
the effectiveness thereof (Part O); to amend chapter 62 of the laws of
2003, amending the vehicle and traffic law and other laws relating to
increasing certain motor vehicle transaction fees, in relation to the
effectiveness thereof; and to amend chapter 84 of the laws of 2002,
amending the state finance law relating to the costs of the department
of motor vehicles, in relation to the effectiveness thereof (Part P);
to amend the vehicle and traffic law, in relation to waiving non-dri-
ver identification application fees for incarcerated individuals (Part
Q); to amend the civil rights law, in relation to requiring all state
agencies to update all applicable forms and data systems to include a
gender "x" option (Part R); to amend the public officers law, in
relation to authorizing the disclosure of records for the public
service loan forgiveness program (Part S); to amend chapter 495 of the
laws of 2004, amending the insurance law and the public health law
relating to the New York state health insurance continuation assist-
ance demonstration project, in relation to the effectiveness thereof
(Part T); to amend the general municipal law, in relation to brown-
field opportunity areas; and to amend the public authorities law, in
relation to funding for certain projects by the dormitory authority
S. 8008 3 A. 9008
(Part U); to amend the agriculture and markets law and chapter 537 of
the laws of 1976, relating to paid, free and reduced price breakfast
for eligible pupils in certain school districts, in relation to the
transfer of the administration of the national school lunch program
and related food programs to the Department of Agriculture and
Markets; and to provide for the transfer of certain functions and
employees with respect thereto (Part V); to amend the general business
law, in relation to appearance enhancement professionals (Part W); in
relation to authorizing certain health care professionals licensed to
practice in other jurisdictions to practice in this state in
connection with the Winter World University Games; and providing for
the repeal of such provisions upon expiration thereof (Part X); 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 Y); 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 Z); to amend the infrastructure
investment act, in relation to the effectiveness thereof; and to amend
chapter 749 of the laws of 2019 authorizing, for certain public works
undertaken pursuant to project labor agreements, use of the alterna-
tive delivery method known as design-build contracts, in relation to
the effectiveness thereof (Part AA); to amend the state finance law,
in relation to the excelsior linked deposit program (Part BB); to
amend the New York state urban development corporation act, in
relation to creating the small business seed funding grant program
(Part CC); to amend chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the
dormitory authority of the state of New York relative to the estab-
lishment of subsidiaries for certain purposes, in relation to the
effectiveness thereof (Part DD); to amend the public authorities law,
in relation to authorizing the dormitory authority to provide its
services to not-for-profit corporations (Part EE); to amend the public
authorities law, in relation to authorizing the dormitory authority to
utilize a prequalification list when seeking to bid or enter into a
contract for public work (Part FF); to amend the public authorities
law, in relation to authorizing the dormitory authority to provide its
services to recipients of grants and loans from the downtown revitali-
zation program (Part GG); to amend the public authorities law, in
relation to authorizing the dormitory authority to enter into design
and construction management agreements with state authorities (Part
HH); to amend the state finance law and the public authorities law, in
relation to the cannabis social equity fund (Part II); to amend the
highway law and the transportation corporations law, in relation to
right of way for fiber optic cable (Part JJ); to amend the environ-
mental conservation law, in relation to removing a program cap and
allowing funding of the solid waste mitigation program's inactive
landfill initiative (Part KK); to amend the environmental conservation
law and the tax law, in relation to eligibility for participation in
the brownfield cleanup program, assignment of the brownfield redevel-
opment tax credits and brownfield opportunity areas; and to amend part
H of chapter 1 of the laws of 2003, amending the tax law relating to
brownfield redevelopment tax credits, remediated brownfield credit for
real property taxes for qualified sites and environmental remediation
insurance credits, in relation to the effectiveness thereof (Part LL);
S. 8008 4 A. 9008
to amend the environmental conservation law, in relation to extending
the waste tire management fee for five years and conforming the appli-
cable administrative provisions to article 28 of the tax law (Part
MM); to amend part TT of chapter 59 of the laws of 2021 authorizing
the creation of state debt in the amount of three billion dollars, in
relation to creating the environmental bond act of 2022 "restore moth-
er nature" for the purposes of environmental improvements that
preserve, enhance, and restore New York's natural resources and reduce
the impact of climate change; and providing for the submission to the
people of a proposition or question therefor to be voted upon at the
general election to be held in November, 2022, in relation to creating
the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of
2022 (Part NN); to amend the environmental conservation law, the state
finance law, and part UU of chapter 59 of the laws of 2021 amending
the environmental conservation law and the state finance law relating
to the implementation of the environmental bond act of 2022 "restore
mother nature", in relation to renaming such act "clean water, clean
air, and green jobs" (Part OO); to amend the tax law, in relation to
increasing the transfer amount from the real estate transfer tax to
the environmental protection fund (Part PP); to amend the environ-
mental conservation law, in relation to freshwater wetlands; and to
repeal certain provisions of such law relating thereto (Part QQ);
amend the environmental conservation law, in relation to enacting the
"extended producer responsibility act"; and to amend the state finance
law, in relation to creating the stewardship organization fund (Part
RR); to amend the environmental conservation law, in relation to
enacting the toxics in packaging act to restrict PFAS in all packaging
and adding restrictions for phthalates in all packaging; and to repeal
title 2 of article 37 of the environmental conservation law relating
to hazardous packaging (Part SS); to amend the county law, in relation
to enacting the "Suffolk County water quality restoration act",
authorizing the county of Suffolk to establish a water quality resto-
ration fund, and extending the authority of the county of Suffolk to
form a county-wide sewer and wastewater management district (Part TT);
to amend the environmental conservation law, in relation to the water
pollution control revolving fund (Part UU); to amend the executive
law, in relation to ensuring proper administration and enforcement of
the uniform fire prevention and building code and the state energy
conservation construction code (Part VV); to amend the vehicle and
traffic law and the state finance law, in relation to the vessel
surcharge; and to repeal certain provisions of the state finance law
relating thereto (Part WW); to amend the environmental conservation
law and the real property tax law, in relation to river regulating
district payment of taxes on lands owned by the state (Part XX); to
amend the parks, recreation and historic preservation law, in relation
to the powers, functions and duties of the state council of parks,
recreation and historic preservation and the regional park, recreation
and historic preservation commissions; and to repeal certain
provisions of such law relating thereto (Part YY); to amend the insur-
ance 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 ZZ); 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 depart-
ment of environmental conservation and the department of agriculture
S. 8008 5 A. 9008
and markets' Fuel NY program, from an assessment on gas and electric
corporations (Part AAA); to authorize utility and cable television
assessments that provide funds to the department of health from cable
television assessment revenues and to the department of agriculture
and markets, department of environmental conservation, department of
state, and the office of parks, recreation and historic preservation
from utility assessment revenues; and providing for the repeal of such
provisions upon the expiration thereof (Part BBB); to amend the public
service law, in relation to the provision of gas service (Part CCC);
to amend the public authorities law, in relation to the eligibility of
hospitals in the state to receive assistance from the power authority
of the state of New York (Part DDD); to amend the energy law, the
executive law and the state finance law, in relation to establishing
the "advanced building codes, appliance and equipment efficiency stan-
dards, and building benchmarking act of 2022" (Part EEE); and to amend
the public authorities law, in relation to authorizing the power
authority of the state of New York to dispose of excess capacity in
its broadband technologies and infrastructure (Part FFF)
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 2022-2023 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through FFF. 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. This Part enacts into law major components of legislation
relating to safety on highways of the state. Each component is wholly
contained within a Subpart identified as Subparts A through F. 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 Part sets forth the general effective
date of this Part.
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 subdivi-
sion 11 as separately amended by chapters 268 and 281 of the laws of
2016, are amended to read as follows:
S. 8008 6 A. 9008
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, HIGHWAY WORKER
AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
LAW, MOTOR VEHICLE INSPECTOR OR 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 any entity governed by the public service law in the course
of performing an essential service, from performing a lawful duty, by
means including releasing or failing to control an animal under circum-
stances evincing the actor's intent that the animal obstruct the lawful
activity of such peace officer, police officer, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, firefighter, paramedic, technician,
city marshal, school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, traffic enforcement offi-
cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
TOR OR 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, he or she causes physical
injury to such peace officer, police officer, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, firefighter, paramedic, technician or
medical or related personnel in a hospital emergency department, city
marshal, school crossing guard, traffic enforcement officer, traffic
enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR
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, 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-
S. 8008 7 A. 9008
ment agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A
OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR 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, sanitation enforce-
ment agent, New York city sanitation worker, public health sanitarian,
New York city public health sanitarian, registered nurse, licensed prac-
tical nurse, emergency medical service paramedic, or emergency medical
service technician, he or she causes physical injury to such train oper-
ator, ticket inspector, conductor, signalperson, bus operator, station
agent, station cleaner or terminal cleaner, city marshal, school cross-
ing guard appointed pursuant to section two hundred eight-a of the
general municipal law, traffic enforcement officer, traffic enforcement
agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF
THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR 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 sanita-
tion 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 IN SECTION ONE HUNDRED
EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR
MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician 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 SUBDIVISION, A HIGHWAY WORKER SHALL BE AS DEFINED IN
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,
S. 8008 8 A. 9008
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
THE VEHICLE AND TRAFFIC LAW.
§ 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. Paragraph a of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xiv) to read as
follows:
(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 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 ANY SIGNS, CHANNELING DEVICES, BARRI-
ERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORKERS ARE PHYS-
ICALLY 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. Paragraph 1 of subdivision (b) 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 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
S. 8008 9 A. 9008
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 C
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 OR 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 OF TRANSPOR-
TATION OR A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE
COMMISSIONER OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO
SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A
RECKLESS OR GROSSLY NEGLIGENT MANNER.
§ 3. This act shall take effect immediately.
SUBPART D
Section 1. The vehicle and traffic law is amended by adding a new
section 1221-b to read as follows:
§ 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION,
THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER 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-
S. 8008 10 A. 9008
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.
SUBPART E
Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
traffic law, as amended by section 1 of part B of chapter 58 of the laws
of 2020, are amended to read as follows:
(h) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a motor vehicle registered as a commer-
cial vehicle and having a gross vehicle weight rating of at least ten
thousand pounds but no more than twenty-six thousand pounds shall, for a
first conviction thereof, be punished by a fine of not more than [three
hundred fifty] ONE THOUSAND dollars or by imprisonment of not more than
fifteen days or by both such fine and imprisonment; for a conviction of
a second violation, both of which were committed within a period of
eighteen months, such person shall be punished by a fine of not more
than [seven] FIFTEEN hundred dollars or by imprisonment for not more
than forty-five days or by both such fine and imprisonment; upon a
conviction of a third or subsequent violation, all of which were commit-
ted 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 subdivision
shall not apply to a commercial motor vehicle as such term is defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter.
(i) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a commercial motor vehicle as defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter, for a first conviction thereof, be punished by a fine of not
more than [seven hundred] FIVE THOUSAND dollars or by imprisonment of
not more than fifteen days or by both such fine and imprisonment; for a
conviction of a second violation, both of which were committed within a
period of eighteen months, such person shall be punished by a fine of
not more than [one] SEVEN thousand five hundred dollars or by imprison-
ment for not more than forty-five days or by both such fine and impri-
sonment; upon a conviction of a third or subsequent violation, all of
which were committed within a period of eighteen months, such person
shall be punished by a fine of not more than [two] TEN thousand dollars
or by imprisonment of not more than ninety days or by both such fine and
imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
S. 8008 11 A. 9008
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 two or fourteen of
this section, where the violation relates to the height of the vehicle,
including a violation related to the operation, within a city not wholly
included within one county, of a vehicle which exceeds the limitations
provided for in the rules and regulations of the city department of
transportation of such city, shall be punishable by a fine of not more
than [one] FIVE thousand dollars, or by imprisonment for not more than
thirty days, or by both such fine and imprisonment, for the first
offense; by a fine of not more than [two] SEVEN thousand FIVE HUNDRED
dollars, or by imprisonment for not more than sixty days, or by both
such fine and imprisonment, for the second or subsequent offense;
provided that a sentence or execution thereof for any violation under
this subdivision may not be suspended. For any violation of the
provisions of subdivisions 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, 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
amended by chapter 473 of the laws of 2021, is amended to read as
follows:
54. Stretch limousine [and], charter bus, AND COMMERCIAL MOTOR VEHICLE
commercial GPS. (a) Every stretch limousine [and], charter bus, 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 regulations establishing standards for
commercial GPS.
(b) It shall be unlawful to operate or cause to be operated a stretch
limousine [or], charter bus, 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], charter bus, OR
COMMERCIAL MOTOR VEHICLE is equipped with commercial global positioning
system (GPS) technology as required by this subdivision and such commer-
cial global positioning system (GPS) technology is used. The presence in
such stretch limousine [or], charter bus, 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], charter bus, OR
COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any cred-
ible 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:
S. 8008 12 A. 9008
(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;
(ii) "Charter bus" shall mean a bus transporting passengers for
compensation in a chartered party;
(iii) "Chartered party" shall mean a group of persons who, pursuant to
a common purpose and under a single contract and at a fixed charge, have
acquired exclusive use of a bus to travel together as a group to a
specific destination or for a particular itinerary either agreed upon in
advance or modified after having left the place of origin by such group;
[and]
(iv) "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
(V) "Commercial global positioning system (GPS) technology" shall mean
global positioning system (GPS) technology which has been specifically
designed to assist in the navigation of commercial motor vehicles.
§ 4. The vehicle and traffic law is amended by adding a new section
509-vv to read as follows:
§ 509-VV. THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS. ONE
YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR COMMERCIAL
MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
OF ANY COMMERCIAL VEHICLE, IS PROHIBITED. FOR PURPOSES OF THIS SECTION,
NON-COMMERCIAL GLOBAL POSITION SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSI-
TIONING 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-
TION 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
WRITING, ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST
OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
§ 8. The general business law is amended by adding a new section 396-
zz to read as follows:
S. 8008 13 A. 9008
§ 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 if chapter 473
of the laws of 2021 shall not have taken effect on or before such date
then section three of this act shall take effect on the same date and in
the same manner as such chapter of the laws of 2021 takes effect;
provided further that this act shall be deemed repealed if any federal
agency determines in writing that this act would render New York state
ineligible for the receipt of federal funds or any court of competent
jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation; and provided
that the commissioner of transportation shall notify the legislative
bill drafting commission upon the occurrence of the provisions 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; and
provided further, however, that with respect to 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 this act on its effective date are authorized to be made and
completed on or before such effective date.
SUBPART F
Section 1. Section 52 of the highway law, as amended by chapter 297 of
the laws of 1972, the fourth undesignated paragraph as amended by chap-
ter 643 of the laws of 1998 and the closing paragraph as amended by
S. 8008 14 A. 9008
section 14 of part EE of chapter 63 of the laws of 2000, is amended to
read as follows:
§ 52. Permits for work within the state highway right of way. 1.
Except in connection with the construction, reconstruction, maintenance
or improvement of a state highway, no person, firm, corporation, munici-
pality, or state department or agency shall construct or improve, within
the state highway right of way an entrance or connection to such high-
way, or construct within the state highway right of way any works,
structure or obstruction, or any overhead or underground crossing there-
of, or lay or maintain therein underground wires or conduits or drain-
age, sewer or water pipes, except in accordance with the terms and
conditions of a work permit issued by the commissioner of transportation
or his duly designated agent, notwithstanding any consent or franchise
granted by any town or county superintendent, or by any other municipal
authority. Any municipal corporation may enter upon any state highway
for the purpose of widening the pavement or for any other purpose
authorized by this section, but only after securing a permit as provided
herein. Notwithstanding the limitations in any general or special law,
every municipal corporation shall have and is hereby given authority to
deposit with the department of transportation, such a sum of money or a
security bond as may be required by the commissioner of transportation
as a condition precedent to the granting of the permit provided in this
section.
2. (A) The commissioner of transportation shall establish regulations
governing the issuance of highway work permits, including the fees to be
charged therefor, a system of deposits of money or bonds guaranteeing
the performance of the work and requirements of insurance to protect the
interests of the state during performance of the work pursuant to a
highway work permit. With respect to driveway entrance permits, the
regulations shall take into consideration the prospective character of
the development, the traffic which will be generated by the facility
within the reasonably foreseeable future, the design and frequency of
access to the facility, the effect of the facility upon drainage as
related to existing drainage systems, the extent to which such facility
may impair the safety and traffic carrying capacity of the existing
state highway and any proposed improvement thereto within the reasonably
foreseeable future, and any standards governing access, non-access or
limited access which have been established by the department of trans-
portation.
(B) Upon completion of the work within the state highway right of way,
authorized by the work permit, the person, firm, corporation, munici-
pality, or state department or agency, and his or its successors in
interest, shall be responsible for the maintenance and repair of such
work or portion of such work as set forth within the terms and condi-
tions of the work permit.
3. An advertising sign, display or device, or any part thereof,
erected or maintained in violation of this section shall be removed from
the state highway right of way by the owner or the party responsible for
its erection and maintenance. The commissioner of transportation shall
make a demand by mail, to the last known address of the owner, apparent
owner or party responsible for the erection and maintenance of such
advertising sign, display or device, for its removal and, if it is not
removed within thirty days from the date of the mailing of such demand,
the commissioner of transportation may remove any such advertising sign,
display or device, or any part thereof, from the state highway right of
way. Any such legally permitted, erected and maintained sign, display or
S. 8008 15 A. 9008
device may be maintained by its owner in accordance with the provisions
of this section upon the approval of the permit issuing office on the
same terms and conditions as may exist for the granting of such
approvals generally. Where such approvals are for permits to control
vegetation, the permit issuing office shall approve no more than two
hundred fifty permits per annum. The commissioner of transportation may
also order the approval of additional permits to control vegetation on
an individual basis upon demonstration of acute need.
4. The term "state highway right of way" shall, for the purposes of
this section, mean the entire width between the boundary line of all
property which has been purchased or appropriated by the state for state
highway purposes, all property over which the commissioner of transpor-
tation or his predecessors has assumed jurisdiction for state highway
purposes, all property over which the commissioner of transportation has
assumed jurisdiction during the period of construction, reconstruction
or improvement and all property which has become part of the state high-
way system through dedication or use.
5. Any person, firm or corporation violating this section shall be
liable [to] FOR a fine of not [less than twenty-five dollars nor] more
than [one] TWENTY-FIVE thousand dollars for each day of violation to be
recovered by the commissioner of transportation. All fees, fines or
penalties collected or recovered by the commissioner pursuant to this
section shall be deposited by the comptroller into the special obli-
gation reserve and payment account of the dedicated highway and bridge
trust fund established pursuant to section eighty-nine-b of the state
finance law, excepting monies deposited with the state on account of
betterments performed pursuant to subdivision twenty-seven or subdivi-
sion thirty-five of section ten of this chapter.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or Subpart of this Part 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 Subpart 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 Part 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 F of this Part shall
be as specifically set forth in the last section of such Subparts.
PART B
Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
way law, as amended by section 1 part A of chapter 58 of the laws of
2020, is amended to read as follows:
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that whenev-
er the estimate for the construction contract work exceeds one hundred
thousand dollars but does not exceed [three] SEVEN hundred fifty thou-
sand dollars such work must be performed either with the municipality's
own forces or by contract let by competitive bid in accordance with the
provisions of section one hundred three of the general municipal law and
provided further, however, that whenever the estimate for the
S. 8008 16 A. 9008
construction contract work exceeds [three] SEVEN hundred fifty thousand
dollars such work must be performed by contract let by competitive bid
in accordance with the provisions of section one hundred three of the
general municipal law.
§ 2. This act shall take effect immediately.
PART C
Section 1. Section 14-l of the transportation law, as added by
section 2 of part H of chapter 413 of the laws of 1999, paragraph (f) of
subdivision 2 as amended by section 1 of subpart XX of chapter 59 of the
laws of 2021, is amended to read as follows:
§ 14-1. Airport improvement and revitalization. 1. Notwithstanding any
other provision of law to the contrary, an airport improvement and revi-
talization grant [and loan] program is established. Such program is
established to provide assistance for the revitalization of public use
airports through funding of projects or portions thereof, for which
sufficient federal capital assistance and required non-federal matching
funding is not available and provided the project is consistent with the
airport layout plan approved by the department OR THE FEDERAL AVIATION
ADMINISTRATION. The funding of capital improvements pursuant to this
section shall not be used to provide the non-federal matching share for
federal airport capital improvement grants.
2. (a) Assistance may consist of grants [and loans] for capital
improvements and technical assistance provided by the department pursu-
ant to this section.
[Loans and grants] GRANTS pursuant to this section may be made to any
municipal corporation, public authority, public benefit corporation or
any combination thereof, or to other owners of a public use airport for
the purpose of improving a public use airport. A county, pursuant to a
written agreement, may act on behalf of one or more cities, towns or
villages for the purposes of this section. No such assistance shall be
provided to any airport operated by a bi-state authority.
(b) Improvements pursuant to this section may be made for the follow-
ing purposes:
(i) construction, reconstruction, improvement, reconditioning and
preservation of capital facilities where the service life of the project
is at least ten years, and related engineering services provided, howev-
er, that for pavement management projects the service life of the
project shall be at least five years; AND
(ii) purchase of airport equipment, including navigational aids,
acquisition of land and easements[; and
(iii) technical assistance for airports including, but not limited to,
preparation of studies to attract, retain or improve air carrier or air
cargo services including low fare commercial service air carrier
services, airport business plans, activities to inform the general
public or public and private organizations of the availability and
economic impact of the airport and the aviation services at the airport
on the community].
(c) Assistance pursuant to this section shall be provided pursuant to
contract with the commissioner. Contracts for capital improvements shall
insure the availability to the public of any airport improved hereunder
for the useful life of such improvement as defined in section sixty-one
of the state finance law. The commissioner shall establish standards
governing the form, content and submission of applications for partic-
ipation in this program. Such standards shall include, but not be limit-
S. 8008 17 A. 9008
ed to, the requirement that, with respect to applications submitted by
owners of privately-owned airports, the commissioner shall make a deter-
mination that a request submitted by such owners will serve a public
purpose [and such applications are accompanied by]. BEFORE ANY FUNDING
UNDER THIS SECTION MAY BE ACCEPTED OR DISBURSED, THE COMMISSIONER MUST
BE PROVIDED WITH a resolution from the governing body of the county in
which such privately-owned airport is located formally endorsing the
project for which assistance is requested. The commissioner shall not
approve an application for a grant [or loan] unless the applicant can
demonstrate commitment of sufficient funds to provide the match set
forth in paragraph (d) of this subdivision.
[All loans shall be repaid within ten years and bear such rate of
interest as shall be established therefor by the commissioner upon the
issuance of the loan; provided, however, such rate shall not exceed six
percent per annum. Payments on all loans shall be made to the department
and credited to the airport improvement and revitalization fund estab-
lished pursuant to section eighty-eight-d of the state finance law.]
(d) Matching ratios. [(i)] Capital grants [and loans]. State assist-
ance for the program shall cover the following share of the project
cost: for general aviation airports and commercial service airports with
less than fifty thousand annual enplanements, up to ninety percent; for
commercial service airports with fifty thousand or more but less than
seven hundred thousand annual enplanements, up to eighty percent; and
for commercial service airports with annual enplanements of seven
hundred thousand or more, up to seventy percent.
[(ii) Technical assistance. Technical assistance may be up to eighty
percent of the project cost. Funding for technical assistance shall be
limited to general aviation airports and commercial service airports
with less than two hundred fifty thousand annual enplanements, provided,
however, that such funding may be granted to general aviation airports
and commercial service airports, regardless of the number of annual
enplanements, for the preparation of studies to attract, retain or
improve low fare commercial service air carrier services. The entire
cost of regional or statewide studies conducted by or on behalf of the
department may be funded.]
(e) Funds for assistance pursuant to this section shall be from the
airport improvement and revitalization fund established pursuant to
section eighty-eight-d of the state finance law. No funds shall be paid
pursuant to this section unless the applicant for assistance provides
for the required non-state funded share of the costs of a project.
(f) No grant [or loan] to any eligible applicant shall exceed the sum
of [two] FIVE million [five hundred thousand] dollars, and no part of
any such grant [or loan] shall be used for salaries or for services
regularly provided by the applicant for administrative costs in
connection with such grant [or loan].
(g) On or before May first each year, the commissioner shall submit a
report on the immediately preceding fiscal year to the governor, tempo-
rary president of the senate and speaker of the assembly showing the
total funds available for assistance pursuant to this section, AND item-
ization of assistance provided[, and the repayments of loans].
(h) No provision of this section shall be deemed to make any applicant
ineligible for assistance otherwise available pursuant to section four-
teen-h or fourteen-k of this article.
(i) The commissioner may promulgate rules and regulations for the
implementation of this section.
§ 2. This act shall take effect immediately.
S. 8008 18 A. 9008
PART D
Section 1. Section 45 of the highway law, as amended by chapter 1110
of the laws of 1971, is amended to read as follows:
§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state
highway or adjoining or in the bed or beds of any streams or creeks may
be entered upon and occupied by the commissioner of transportation, his
OR HER representatives and employees, or by a contractor or any of his
OR HER agents or employees when directed by the commissioner of trans-
portation or his OR HER representative:
1. to open, maintain or construct an existing ditch or drain or for
making surveys and for digging a new ditch or drain, or a section there-
of, for the free passage of water for the drainage of such highways.
2. to perform such work of construction, reconstruction, improvement
or maintenance in order to keep the waters of such streams or creeks
within their proper channels and to prevent their encroachment upon
state highways or bridges thereon.
3. to remove or change the position of a fence or other obstruction
which, in the judgment of the commissioner of transportation, prevents
the free flow of water under or through a state highway, bridge or
culvert.
4. to remove any fence or other obstruction which, in the judgment of
the commissioner of transportation, causes snow to drift in and upon a
state highway, and to erect snow fences or other devices upon such lands
to prevent the drifting of snow in or upon any such highway.
5. to inspect trees for the purpose of determining whether any are in
such a condition as to constitute a danger to users of the adjacent
highway and to remove or prune those trees or parts thereof which in the
judgment of the commissioner constitute such a danger.
6. ON A TEMPORARY BASIS, WHEN DETERMINED TO BE NECESSARY IN THE
DISCRETION OF THE COMMISSIONER, TO PERFORM EMERGENCY REPAIRS TO PROVIDE
FOR THE SAFE FUNCTIONALITY AND OPERATION OF STATE HIGHWAYS AND BRIDGES
WHEN SUCH FUNCTIONALITY OR OPERATION IS IMPACTED BY STORM DAMAGE, LAND-
SLIDE, OR RETAINING WALL OR DRAINAGE FAILURE, AND MAY POSE A THREAT TO
THE TRAVELING PUBLIC.
Notwithstanding the provisions of any general, special or local law or
of any inconsistent provision of this chapter, claims for any damage
caused by such entry and work and not exceeding three hundred and fifty
dollars may be adjusted by agreement by the commissioner of transporta-
tion without appropriating any property. Upon making any such agreement
and adjustment, and upon the approval thereof by the department of audit
and control, the commissioner of transportation shall deliver to the
comptroller such agreement and a certificate stating the amount due such
owner for damage caused by such entry and work and the amount so fixed
shall be paid out of the state treasury from moneys appropriated for the
maintenance and repair of state highways.
§ 2. This act shall take effect immediately.
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part D of chapter 58 of the laws of 2015, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
S. 8008 19 A. 9008
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [56.10] 55.27
Rensselaer ................... [23.30] 22.96
Saratoga ..................... [4.10] 4.04
Schenectady .................. [16.50] 16.26
MONTGOMERY ................... 1.47
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
S. 8008 20 A. 9008
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
S. 8008 21 A. 9008
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
S. 8008 22 A. 9008
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022.
PART F
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 G
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.
THE AUTHORITY MAY UTILIZE A PROCUREMENT CONTRACT LET BY 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. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
RECORD ITS RATIONALE FOR THE USE OF SUCH A CONTRACT. SUCH RATIONALE
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
CONSIDERATION OF THE PROCUREMENT METHOD BY WHICH THE CONTRACT WAS
AWARDED, AN ANALYSIS OF ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
NOT IN THE BEST INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
COST. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT
DUE THE VENDOR OR CONTRACTOR AS A RESULT OF THE AUTHORITY'S USE OF THE
CONTRACT.
S. 8008 23 A. 9008
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 1264 of the public authorities
law, as amended by section 2 of subpart B of part ZZZ of chapter 59 of
the laws of 2019, is amended to read as follows:
1. The purposes of the authority shall be the continuance, further
development and improvement of commuter transportation and other
services related thereto within the metropolitan commuter transportation
district, including but not limited to such transportation by railroad,
omnibus, marine and air, in accordance with the provisions of this
title. It shall be the further purpose of the authority, consistent with
its status as the ex officio board of both the New York city transit
authority and the triborough bridge and tunnel authority, to develop and
implement a unified mass transportation policy for such district in an
efficient and cost-effective manner that includes the use of design-
build contracting on all projects over [twenty-five] TWO HUNDRED million
dollars in cost FOR NEW CONSTRUCTION AND ALL PROJECTS OVER FOUR HUNDRED
MILLION DOLLARS IN COST FOR PROJECTS THAT ARE PREDOMINANTLY REHABILI-
TATION OR REPLACEMENT OF EXISTING ASSETS except where a waiver is grant-
ed by the New York state budget director pursuant to a request in writ-
ing from the metropolitan transportation authority. For purposes of
granting a waiver pursuant to this section, such review shall consider
whether the design build contracting method is appropriate for the
project that such waiver is sought for, and the amount of savings and
efficiencies that could be achieved using such method. The determination
for such waiver shall be made in writing within forty-five days from
request or shall be deemed granted.
§ 2. This act shall take effect immediately.
PART I
Section 1. Paragraph (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, is amended to read as follows:
(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 resol-
ution adopt guidelines that authorize the award of contracts to small
business concerns, to service disabled veteran owned businesses certi-
fied pursuant to article seventeen-B of the executive law, or minority
or women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, or purchases of goods or technology that
are recycled or remanufactured, in an amount not to exceed one million
FIVE HUNDRED THOUSAND dollars without a formal competitive process and
without further board approval. The board of the authority shall adopt
S. 8008 24 A. 9008
guidelines which shall be made publicly available for the awarding of
such contract without a formal competitive process.
§ 2. Paragraph (a) of subdivision 8 of section 1209 of the public
authorities law, as amended by chapter 725 of the laws of 1993, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
law provided that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall only be required
when required by this section. Publication in a newspaper of general
circulation in the area served or in the procurement opportunities news-
letter shall not be required if bids for contracts for supplies, materi-
als 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
eleven of this section. Any such advertisement shall contain a statement
of: (i) the time and place where bids received pursuant to any notice
requesting sealed bids will be publicly opened and read; (ii) the name
of the contracting agency; (iii) the contract identification number;
(iv) a brief description of the public work, supplies, materials, or
equipment sought, the location where work is to be performed, goods are
to be delivered or services provided and the contract term; (v) the
address where bids or proposals are to be submitted; (vi) the date when
bids or proposals are due; (vii) a description of any eligibility or
qualification requirement or preference; (viii) a statement as to wheth-
er 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 PROVIDED THAT
AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
BE, AND THE DATE OF OPENING AND READING OF BIDS FOR PUBLIC WORK
CONTRACTS.
§ 3. 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 author-
ity utilized a process of competitive bidding or a process of compet-
itive requests for proposals to award such contract or (ii) the state of
New York or the city of New York, provided that in any case when the
authority under this paragraph determines that obtaining such item
thereby would be in the public interest and sets forth the reasons for
such determination] LET BY 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. THE
AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT RECORD ITS RATIONALE FOR THE
USE OF SUCH A CONTRACT. SUCH RATIONALE SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, A DETERMINATION OF NEED, A CONSIDERATION OF THE PROCUREMENT
METHOD BY WHICH THE CONTRACT WAS AWARDED, AN ANALYSIS OF ALTERNATIVE
PROCUREMENT SOURCES INCLUDING AN EXPLANATION WHY A COMPETITIVE PROCURE-
S. 8008 25 A. 9008
MENT OR THE USE OF A CENTRALIZED CONTRACT LET BY THE COMMISSIONER OF THE
OFFICE OF GENERAL SERVICES IS NOT IN THE BEST INTEREST OF THE AUTHORITY,
AND THE REASONABLENESS OF COST. The authority shall accept sole respon-
sibility for any payment due the vendor as a result of the authority's
order; or
§ 4. Subdivision 10 of section 1209 of the public authorities law, as
added by chapter 929 of the laws of 1986, is amended to read as follows:
10. Upon the adoption of a resolution by the authority stating, for
reasons of efficiency, economy, compatibility or maintenance reliabil-
ity, that there is a need for standardization, the authority may estab-
lish procedures whereby particular supplies, materials or equipment are
identified on a qualified products list. Such procedures shall provide
for products or vendors to be added to or deleted from such list and
shall include provisions for public advertisement of the manner in which
such lists are compiled. The authority shall review such list no less
than [twice] ONCE a year for the purpose of making modifications there-
to. Contracts for particular supplies, materials or equipment identi-
fied on a qualified products list may be awarded by the authority to the
lowest responsible bidder after obtaining sealed bids in accordance with
this section or without competitive sealed bids in instances when the
item is available from only a single source, except that the authority
may dispense with advertising provided that it mails copies of the invi-
tation to bid to all vendors of the particular item on the qualified
products list.
§ 5. Paragraph (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, is amended to read as follows:
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided (i) that a contract for services in the actual or estimated
amount of one million dollars or less shall not require approval by the
board of the authority regardless of the length of the period over which
the services are rendered, and provided further that a contract for
services in the actual or estimated amount in excess of one million
dollars shall require approval by the board of the authority regardless
of the length of the period over which the services are rendered unless
such a contract is awarded to the lowest responsible bidder after
obtaining sealed bids, and (ii) the board of the authority may by resol-
ution adopt guidelines that authorize the award of contracts to small
business concerns, to service disabled veteran owned businesses certi-
fied pursuant to article seventeen-B of the executive law, or minority
or women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, or purchases of goods or technology that
are recycled or remanufactured, in an amount not to exceed one million
FIVE HUNDRED THOUSAND 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 without a formal competitive process.
§ 6. Paragraph (a) of subdivision 3 of section 1265-a of the public
authorities law, as amended by chapter 494 of the laws of 1990, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
S. 8008 26 A. 9008
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 newsletter
shall not be required if bids for contracts for supplies, materials or
equipment are of a type regularly purchased by the authority and are to
be solicited from a list of potential suppliers, if such list is or has
been developed consistent with the provisions of subdivision six of this
section. Any such advertisement shall contain a statement of: (i) the
time and place where bids received pursuant to any notice requesting
sealed bids will be publicly opened and read; (ii) the name of the
contracting agency; (iii) the contract identification number; (iv) a
brief description of the public work, supplies, materials, or equipment
sought, the location where work is to be performed, goods are to be
delivered or services provided and the contract term; (v) the address
where bids or proposals are to be submitted; (vi) the date when bids or
proposals are due; (vii) a description of any eligibility or qualifica-
tion requirement or preference; (viii) a statement as to whether the
contract requirements may be fulfilled by a subcontracting, joint
venture, or co-production arrangement; (ix) any other information deemed
useful to potential contractors; and (x) the name, address, and tele-
phone number of the person to be contacted for additional information.
At least [fifteen] 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 PROVIDED THAT
AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
BE, AND THE DATE OF OPENING AND READING OF BIDS FOR PUBLIC WORK
CONTRACTS.
§ 7. 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 author-
ity utilized a process of competitive bidding or a process of compet-
itive 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,
provided that in any case when under this paragraph the authority deter-
mines that obtaining such item thereby would be in the public interest
and sets forth the reasons for such determination] LET BY ANY DEPART-
MENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR
ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY
OF ANY STATE OR STATES. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
RECORD ITS RATIONALE FOR THE USE OF SUCH A CONTRACT. SUCH RATIONALE
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
CONSIDERATION OF THE PROCUREMENT METHOD BY WHICH THE CONTRACT WAS
AWARDED, AN ANALYSIS OF ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
NOT IN THE BEST INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
COST. The authority shall accept sole responsibility for any payment due
the vendor as a result of the authority's order; or
§ 8. 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:
S. 8008 27 A. 9008
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.
§ 9. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 7 of section 1209 of the
public authorities law made by section one of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with; and provided further, however, that the amendments to paragraph
(b) of subdivision 2 of section 1265-a of the public authorities law
made by section five of this act shall not affect the expiration of such
paragraph and shall be deemed to expire therewith.
PART J
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016,
amending the general municipal law relating to the New York transit
authority and the metropolitan transportation authority, as amended by
section 1 of part K of chapter 58 of the laws of 2020, is amended to
read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2022] 2032, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART K
Section 1. Section 1266 of the public authorities law is amended by
adding a new subdivision 12-b to read as follows:
12-B. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION,
RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY THE
AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR OTHER INFRAS-
TRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND APPLI-
ANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED, RELOCATED
OR OTHERWISE PROTECTED OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY
("THE REQUIRED WORK"), THE FOLLOWING PROVISIONS SHALL APPLY.
(A) THE DESIGN FOR THE REQUIRED WORK MAY BE PREPARED BY THE AUTHORITY
OR THE AUTHORITY'S CONTRACTOR. SUCH DESIGNS 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
S. 8008 28 A. 9008
WITHIN A REASONABLE PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORITY
AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION.
(B) IN REVIEWING AND APPROVING DESIGNS FOR THE REQUIRED WORK, A PUBLIC
SERVICE CORPORATION MAY NOT REQUIRE THE AUTHORITY TO PROVIDE FOR ANTIC-
IPATED FUTURE SERVICE INCREASES OR OTHER BETTERMENTS, OTHER THAN TO
COMPLY WITH CURRENT STANDARDS OR ENSURE RELIABILITY AS DETERMINED BY THE
DEPARTMENT OF PUBLIC SERVICE, WITHOUT THE AUTHORITY'S AGREEMENT, WHICH
SHALL NOT BE UNREASONABLY WITHHELD.
(C) WHERE THE PUBLIC SERVICE CORPORATION DETERMINES THAT IT WILL
PERFORM ANY PORTION OF THE REQUIRED WORK, THAT PORTION OF THE REQUIRED
WORK SHALL BE PERFORMED ACCORDING TO A SCHEDULE DETERMINED BY THE
AUTHORITY AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION,
PROVIDED THAT THE SCHEDULE IS REASONABLE AND PRACTICABLE.
§ 2. This act shall take effect immediately.
PART L
Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
rately amended by chapters 268 and 281 of the laws of 2016, is amended
to read as follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES,
VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A
PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR,
INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL
SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
TURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN
PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR
TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR
COMMUTER RAILROAD agency, authority or company, public or private, whose
operation is authorized by New York state or any of its political subdi-
visions, a city marshal, a school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city sanitation worker, public
health sanitarian, New York city public health sanitarian, registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency medical service technician, he or she causes physical injury
to such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner [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, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS
STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, city marshal,
school crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered nurse, licensed
practical nurse, public health sanitarian, New York city public health
S. 8008 29 A. 9008
sanitarian, sanitation enforcement agent, New York city sanitation work-
er, emergency medical service paramedic, or emergency medical service
technician, while such employee is performing an assigned duty on, or
directly related to, the operation of a train or bus, [including the]
cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
USE ON A TRAIN OR BUS, OR MAINTENANCE OF A TRAIN OR BUS STATION OR
TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
TRAIN IN PASSENGER SERVICE OR BUS WHILE ON THE ROAD, or such city
marshal, school crossing guard, traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered nurse, licensed
practical nurse, public health sanitarian, New York city public health
sanitarian, sanitation enforcement agent, New York city sanitation work-
er, emergency medical service paramedic, or emergency medical service
technician is performing an assigned duty; or
§ 2. Section 240.30 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR;
SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION CLEANER; TERMINAL
CLEANER; STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES
INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL
DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING,
TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND
SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR
STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON
THE ROAD, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH
PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-
TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW
YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART M
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-c-1 to read as follows:
§ 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC RESTRICTIONS. (A)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, THE CITY OF NEW YORK IS HEREBY AUTHORIZED
AND EMPOWERED TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE LOCAL LAWS
AND REGULATIONS OF THE CITY OF NEW YORK REGARDING BUS OPERATION-RELATED
TRAFFIC RESTRICTIONS. THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF
NEW YORK AND/OR AN APPLICABLE MASS TRANSIT AGENCY, SHALL OPERATE PHOTO
DEVICES THAT MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT
LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON
BUSES SELECTED BY THE APPLICABLE MASS TRANSIT AGENCY.
(B) ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSI-
BLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRAN-
SIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
S. 8008 30 A. 9008
DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE
BUS PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH
BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF THE LOCAL
LAWS AND REGULATIONS RELATING TO BUS OPERATION TRAFFIC RESTRICTIONS, AND
IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE
IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED.
(C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A PHOTO DEVICE
PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT IMAGES PRODUCED BY SUCH PHOTO DEVICES SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF A VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE
ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER
CONTENTS OF A VEHICLE;
2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY PHOTO
DEVICES EXCEPT:
(I) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
PAYMENT OF PENALTIES;
(II) AS REQUIRED BY COURT ORDER;
(III) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE
WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
(IV) AS OTHERWISE REQUIRED BY LAW;
3. THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES STATING THAT MOBILE
AND STATIONARY PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
TO BUS OPERATION TRAFFIC RESTRICTIONS INCLUDING STOPPING, STANDING,
PARKING AND TURNING MOVEMENTS; AND
4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
(D) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST
SIXTY DAYS THAT PHOTO DEVICE ENFORCEMENT PURSUANT TO THIS SECTION IS
ACTIVE.
(E) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY APPLI-
CABLE BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC RESTRICTIONS
AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO
DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUCH APPLICA-
BLE LOCAL LAW OR REGULATION.
(F) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "PHOTO DEVICE" SHALL MEAN A MOBILE OR STATIONARY DEVICE THAT IS
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
AN APPLICABLE LOCAL LAW OR REGULATION.
3. "APPLICABLE BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC
RESTRICTIONS" SHALL MEAN THE RESTRICTIONS SET FORTH IN CHAPTER FOUR OF
TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK AFFECTING BUS
S. 8008 31 A. 9008
OPERATIONS INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 4-08(F)(4),
GENERAL NO STANDING ZONES, BUS LANES; 4-08(C)(3), VIOLATION OF POSTED NO
STANDING RULES PROHIBITED, BUS STOP; 4-08(F)(1), GENERAL NO STANDING
ZONES, DOUBLE PARKING; 4-08(K)(2), SPECIAL RULES FOR COMMERCIAL VEHI-
CLES, NO STANDING EXCEPT TRUCKS LOADING AND UNLOADING; 4-07(B)(1) AND
4-08(E)(11), STOPPING PROHIBITED; 4-08(E)(4), GENERAL NO STOPPING ZONES,
INTERSECTIONS; 4-08(E)(5), GENERAL NO STOPPING ZONES, CROSSWALKS;
4-08(E)(12), GENERAL NO STOPPING ZONES, OBSTRUCTING TRAFFIC AT INTER-
SECTION; AND 4-05 AND 4-07(H)(2), TURNS.
4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
ANY PERIOD OF TIME.
(G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE, SHALL BE PRIMA FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE
LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
(H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR A FIRST OFFENSE
OF A PROVISION OF LOCAL LAW OR REGULATION OF THE CITY OF NEW YORK RELAT-
ING TO STOPPING, STANDING, PARKING AND TURNING MOVEMENT VIOLATIONS
PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE HUNDRED TWENTY-FIVE
DOLLARS FOR A FIRST OFFENSE, ONE HUNDRED FIFTY DOLLARS FOR A SECOND
OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A THIRD
OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED FIFTY DOLLARS FOR A
FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD, AND THREE HUNDRED FIFTY
DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD; AND
PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD SET FORTH IN THE NOTICE OF VIOLATION.
(I) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION UNDER THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED IN SUCH RECORD OF MAILING.
2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN THE
NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
S. 8008 32 A. 9008
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION
NUMBER OF THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH
PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
MATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE
OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
THEREON.
4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE PREPARED
AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
(K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(L) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE UNDER THIS SUBDIVISION, IT SHALL BE SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK.
(M) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE FOR
THE VIOLATION OF AN APPLICABLE BUS OPERATION-RELATED LOCAL LAW OR REGU-
LATION TRAFFIC RESTRICTION, PROVIDED THAT:
(I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS FILED WITH THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK OF THE DATE AND TIME OF A
LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME
AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
TIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT
DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
LATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. FAILURE TO TIMELY
SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
PRESCRIBED IN THIS SECTION.
2. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH (I)
OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
(N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
S. 8008 33 A. 9008
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
CLE AT THE TIME OF SUCH VIOLATION.
(O) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF AN APPLICABLE LOCAL LAW
OR REGULATION.
(P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, WITHIN TWELVE MONTHS OF
OPERATION OF SUCH PHOTO DEVICES AND EVERY TWO YEARS THEREAFTER. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
WERE USED UNDER THIS SECTION;
2. THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
MONTHLY AND ANNUAL BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY UNDER THIS SECTION;
5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND ITS
RESULTS;
8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED UNDER THIS
SECTION; AND
9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY
PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION.
(Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF
NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO
BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY
TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
§ 2. The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by means of bus lane photo
devices, as amended by section 2 of part D of chapter 39 of the laws of
2019, is amended to read as follows:
This act shall take effect on the ninetieth day after it shall have
become a law [and shall expire 15 years after such effective date when
upon such date the provisions of this act shall be deemed repealed]; and
provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
§ 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART N
Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
S. 8008 34 A. 9008
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND
TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR SUCH USE OF ANY
TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
attempts to obtain such service OR TO USE ANY TOLL HIGHWAY, PARKWAY,
ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
NESS DISTRICT or avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjusti-
fiable failure or refusal to pay; or
§ 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
traffic law, as amended by chapter 451 of the laws of 2021, is amended
and a new paragraph (c) is added to read as follows:
(b) (i) Number plates shall be kept clean and in a condition so as to
be easily readable and shall not be covered by glass or any plastic
material.
(ii) Number plates shall not be knowingly covered or coated with any
artificial or synthetic material or substance that conceals or obscures
such number plates or that distorts a recorded or photographic image of
such number plates.
(iii) The view of such number plates shall not be obstructed by any
part of the vehicle or by anything carried thereon[, except for a
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 451 of the laws of 2021, is amended to read as
follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:
S. 8008 35 A. 9008
(A) a violation of subparagraph (ii) or subparagraph (iii) of paragraph
(b) of subdivision one of this section shall be punishable by a fine of
not less than fifty nor more than three hundred dollars; AND (B) A
VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE
HUNDRED DOLLARS.
§ 4. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph d to read as follows:
D. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REGISTER, REREGISTER, RENEW,
REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
ER'S AGENT SHALL IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY
THE REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF
THE REGISTRATION FOR SUCH VEHICLE AND VEHICLE IDENTIFICATION NUMBER
UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE
COMMISSIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN
RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
TOLLING AUTHORITY. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS
PARAGRAPH, THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY
A REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
REGISTRATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION,
REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF REGISTRATION WILL
HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHI-
CLE IDENTIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT
UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE
COMMISSIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN
RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
TOLLING AUTHORITY.
§ 5. Paragraph d of subdivision 3 of section 510 of the vehicle and
traffic law, as amended by chapter 173 of the laws of 1990, is amended
to read as follows:
d. for habitual or persistent violation of any of the provisions of
this chapter, or of any lawful ordinance, rule or regulation made by
local authorities in relation to traffic, INCLUDING VIOLATIONS OF ANY
STATUTE, ORDINANCE, RULE OR REGULATION PERTAINING TO A TOLLING
AUTHORITY;
§ 6. Subdivision 4-d of section 510 of the vehicle and traffic law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification
from a court or an administrative tribunal that an owner of a motor
vehicle failed to appear on the return date or dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions, in response
to [five] THREE or more notices of liability or other process, issued
S. 8008 36 A. 9008
within [an eighteen month] A FIVE YEAR period charging such owner with a
violation of toll collection regulations in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, the commissioner or his agent shall suspend the registration of
the vehicle or vehicles involved in the violation or the privilege of
operation of any motor vehicle owned by the registrant. Such suspension
shall take effect no less than thirty days from the date on which notice
thereof is sent by the commissioner to the person whose registration or
privilege is suspended and shall remain in effect until such registrant
has appeared in response to such notices of liability or has paid such
penalty or in the case of an administrative tribunal, the registrant has
complied with the rules and regulations following the entry of a final
decision or decisions.
§ 7. Section 1704-a of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
5. (A) ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT, OR FALSIFIES
OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS OF THE CENTRAL BUSINESS
DISTRICT TOLLING PROGRAM, FOR THE PURPOSE OF FRAUDULENTLY OBTAINING AN
EXEMPTION FROM THE CENTRAL BUSINESS DISTRICT TOLL UNDER SUBDIVISION TWO
OF THIS SECTION FOR A QUALIFYING VEHICLE TRANSPORTING A PERSON WITH
DISABILITIES, SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL ALSO BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE
STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION.
(B) ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION THAT RESULTS IN A
PERSON RECEIVING EXEMPTIONS FROM CENTRAL BUSINESS DISTRICT TOLLS UNDER
SUBDIVISION TWO OF THIS SECTION FOR A QUALIFYING VEHICLE TRANSPORTING A
PERSON WITH DISABILITIES WITH A VALUE IN EXCESS OF ONE THOUSAND DOLLARS
MORE THAN THEY WOULD HAVE BEEN ENTITLED TO SHALL BE A CLASS E FELONY.
ANY SUCH VIOLATION THAT RESULTS IN A PERSON RECEIVING SUCH EXEMPTIONS
WITH A VALUE IN EXCESS OF FIVE THOUSAND DOLLARS MORE THAN THEY WOULD
HAVE BEEN ENTITLED TO SHALL BE A CLASS D FELONY.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law.
PART O
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 4 of part ZZ of chapter 58 of the laws of 2020, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2022] 2024; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART P
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
S. 8008 37 A. 9008
part YY of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2022] 2024; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2022] 2024.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part YY of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2022] 2024.
§ 3. This act shall take effect immediately.
PART Q
Section 1. Subdivision 3 of section 491 of the vehicle and traffic
law, as added by section 1 of part H of chapter 58 of the laws of 2017,
is amended to read as follows:
3. Waiver of fee. The commissioner may waive the payment of fees
required by subdivision two of this section if the applicant is (A) AN
INCARCERATED INDIVIDUAL IN AN INSTITUTION UNDER THE JURISDICTION OF A
STATE DEPARTMENT OR AGENCY, OR (B) a victim of a crime and the identifi-
cation card applied for is a replacement for one that was lost or
destroyed as a result of the crime.
§ 2. This act shall take effect immediately.
PART R
Section 1. The civil rights law is amended by adding a new section
79-q to read as follows:
§ 79-Q. COLLECTION OF GENDER OR SEX DESIGNATION INFORMATION BY STATE
AGENCIES. 1. ALL NEW YORK STATE AGENCIES THAT COLLECT DEMOGRAPHIC INFOR-
MATION ABOUT A PERSON'S GENDER OR SEX SHALL MAKE AVAILABLE TO THE PERSON
AT THE POINT OF DATA COLLECTION AN OPTION TO MARK THEIR GENDER OR SEX AS
"X".
2. WHERE APPLICABLE FEDERAL LAW REQUIRES A STATE AGENCY TO COLLECT SEX
OR GENDER DATA AS EITHER "M" OR "F", THE STATE AGENCY SHALL CREATE A
SEPARATE FIELD FOR STATE PURPOSES SO THAT A PERSON HAS THE OPTION TO
MARK THEIR GENDER OR SEX AS "X" TO BE COLLECTED BY THE STATE.
3. ALL STATE AGENCIES SHALL UPDATE ANY APPLICABLE FORMS OR DATA
SYSTEMS BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE, EXCEPT THE DEPART-
MENT OF LABOR, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE
SERVICES, WHICH SHALL UPDATE ANY APPLICABLE FORMS OR DATA SYSTEMS BY
JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
4. A STATE AGENCY THAT CANNOT COMPLY WITH THE REQUIREMENTS OF THIS
SECTION SHALL POST PUBLICLY ON ITS WEBSITE A WRITTEN REPORT OF THE STEPS
THE AGENCY HAS TAKEN TO COMPLY WITH THIS SECTION AND THE TIME FRAME FOR
COMPLIANCE AT LEAST SIXTY DAYS BEFORE THE DATE REQUIRED BY THIS SECTION.
S. 8008 38 A. 9008
THE WRITTEN REPORT SHALL BE UPDATED EVERY SIX MONTHS FROM THE DATE OF
THE ORIGINAL POSTING.
§ 2. Subdivision 3 of section 62 of the civil rights law, as added by
chapter 158 of the laws of 2021, is amended to read as follows:
3. Except as provided in subdivisions one and two of this section, the
court shall not require any other pre-hearing notice. [The court shall
not condition the entry of an order on notice to any other party or to
any city, state or federal agency except by written order detailing the
court's reasoning for requiring such notice and showing cause why such
notice should be served.] Under no circumstances shall the court require
notice to United States immigration and customs enforcement, United
States customs and border protection, United States citizenship and
immigration services, or any successor agencies, or any agencies having
similar duties.
§ 3. This act shall take effect immediately.
PART S
Section 1. Paragraph (o) of subdivision 1 of section 96 of the public
officers law, as added by chapter 319 of the laws of 2014, is amended to
read as follows:
(o) to officers or employees of a public retirement system of the city
of New York if the information sought to be disclosed is necessary for
the receiving public retirement system to process benefits under the
retirement and social security law, the administrative code of the city
of New York, or the education law or any other applicable provision of
law. A written request or consent from the data subject pursuant to
paragraph (a) of this subdivision shall not be required for the disclo-
sure of records pursuant to this paragraph; OR
(P) TO OFFICERS OR EMPLOYEES OF THE UNITED STATES DEPARTMENT OF EDUCA-
TION FOR SUCH DEPARTMENT TO PROCESS CREDIT FOR QUALIFYING EMPLOYMENT AND
LOAN FORGIVENESS UNDER THE PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. A
WRITTEN REQUEST OR CONSENT FROM THE DATA SUBJECT PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION SHALL NOT BE REQUIRED FOR THE DISCLOSURE OF
RECORDS PURSUANT TO THIS PARAGRAPH.
§ 2. This act shall take effect immediately.
PART T
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part KK of chapter 57 of the laws of 2021, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2022] 2023 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
PART U
S. 8008 39 A. 9008
Section 1. Subparagraph 7 of paragraph b of subdivision 2 of section
970-r of the general municipal law, as amended by section 1 of part U of
chapter 58 of the laws of 2018, is amended to read as follows:
(7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
[and] SUPPORT JOB GROWTH, REDUCE GREENHOUSE GAS EMISSIONS, INCREASE
CLIMATE RESILIENCE, enhance community health and environmental condi-
tions, AND ACHIEVE ENVIRONMENTAL JUSTICE.
§ 2. Subparagraph 11 of paragraph d of subdivision 3 of section 970-r
of the general municipal law, as amended by section 1 of part U of chap-
ter 58 of the laws of 2018, is amended to read as follows:
(11) descriptions of possible remediation strategies, reuse opportu-
nities, brownfield redevelopment, necessary infrastructure improvements
and other public or private measures needed to stimulate investment,
promote revitalization, [and] SUPPORT JOB GROWTH, REDUCE GREENHOUSE GAS
EMISSIONS, INCREASE CLIMATE RESILIENCE, enhance community health and
environmental conditions, AND ACHIEVE ENVIRONMENTAL JUSTICE;
§ 3. Paragraph a of subdivision 3-a of section 970-r of the general
municipal law, as added by section 1 of part U of chapter 58 of the laws
of 2018, is amended to read as follows:
a. Within amounts appropriated therefor, the secretary is authorized
to provide, on a competitive basis, financial assistance to munici-
palities, to community based organizations, to community boards, or to
community based organizations acting in cooperation with a municipality,
to conduct predevelopment activities within a designated brownfield
opportunity area to advance the goals and priorities of the brownfield
opportunity area program set forth in the nomination of such area. Such
financial assistance shall not exceed ninety percent of the costs of
such activities. Activities eligible to receive such assistance shall
include: development and implementation of marketing strategies; devel-
opment of plans and specifications; real estate services; building
condition studies; infrastructure analyses; zoning and regulatory
updates; environmental, housing and economic studies, analyses and
reports; RENEWABLE ENERGY FEASIBILITY STUDIES, LEGAL AND FINANCIAL
SERVICES; IMPACT ANALYSES; DEMOLITION; SITE PREPARATION; ASBESTOS
REMOVAL; and public outreach.
§ 4. Paragraphs c, d, f, g, and h of subdivision 6 of section 970-r of
the general municipal law, as amended by section 1 of part U of chapter
58 of the laws of 2018, are amended to read as follows:
c. Brownfield site assessment activities eligible for funding include,
but are not limited to, testing of properties to determine the nature
and extent of the contamination (including soil and groundwater), envi-
ronmental assessments, the development of a proposed remediation strate-
gy to address any identified contamination, and any other activities
deemed appropriate by the [commissioner] SECRETARY OF STATE in consulta-
tion with the [secretary of state] COMMISSIONER. Any environmental
assessment shall be subject to the review and approval of such SECRETARY
IN CONSULTATION WITH SUCH commissioner.
d. Applications for such assistance shall be submitted to the [commis-
sioner] SECRETARY in a format, and containing such information, as
prescribed by the [commissioner] SECRETARY in consultation with the
[secretary of state] COMMISSIONER.
f. The [commissioner] SECRETARY, upon the receipt of an application
for such assistance from a community based organization not in cooper-
ation with the local government having jurisdiction over the proposed
S. 8008 40 A. 9008
brownfield opportunity area, shall request the municipal government to
review and state the municipal government's support or lack of support.
The municipal government's statement shall be considered a part of the
application.
g. Prior to making an award for assistance, the [commissioner] SECRE-
TARY shall notify the temporary president of the senate and the speaker
of the assembly.
h. Following notification to the applicant that assistance has been
awarded, and prior to disbursement of funds, a contract shall be
executed between the department and the applicant or co-applicants. The
[commissioner] SECRETARY OF STATE shall establish terms and conditions
for such contracts as the [commissioner] SECRETARY deems appropriate in
consultation with the [secretary of state] COMMISSIONER, including
provisions to define: applicant's work scope, work schedule, and deliv-
erables; fiscal reports on budgeted and actual use of funds expended;
and requirements for submission of a final fiscal report. The contract
shall also require the distribution of work products to the department,
and, for community based organizations, to the applicant's municipality.
Applicants shall be required to make the results publicly available.
Such contract shall further include a provision providing that if any
responsible party payments become available to the applicant, the amount
of such payments attributable to expenses paid by the award shall be
paid to the department by the applicant; provided that the applicant may
first apply such responsible party payments towards actual project costs
incurred by the applicant.
§ 5. Subdivision 8 of section 970-r of the general municipal law, as
amended by section 1 of part U of chapter 58 of the laws of 2018, is
amended to read as follows:
8. [Applications] COMMUNITY PARTICIPATION REQUIREMENTS. a. All appli-
cations FOR FINANCIAL ASSISTANCE for pre-nomination OR NOMINATION study
[assistance] or applications for designation of a brownfield opportunity
area shall demonstrate that the following community participation activ-
ities have been or will be performed by the applicant:
(1) identification of the interested public and preparation of a
contact list;
(2) identification of major issues of public concern;
(3) [public access to (i) the draft and final application for pre-no-
mination assistance and brownfield opportunity area designation, and
(ii) any supporting documents in a manner convenient to the public;
(4)] public notice and newspaper notice of (i) the intent of the muni-
cipality and/or community based organization to undertake a pre-nomina-
tion [process] OR NOMINATION STUDY or [prepare] APPLY FOR DESIGNATION OF
a brownfield opportunity area [plan], and (ii) the availability of such
application AND ANY SUPPORTING DOCUMENTS IN A MANNER CONVENIENT TO THE
PUBLIC.
b. Application for [nomination] DESIGNATION of a brownfield opportu-
nity area shall provide the following minimum community participation
activities:
(1) a comment period of at least thirty days on a draft [application]
NOMINATION;
(2) a public meeting on [a brownfield opportunity area draft] AN
application.
§ 6. Section 970-r of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
11. ALL APPLICANTS FOR FINANCIAL ASSISTANCE AND PARTICIPATION IN ANY
OTHER ACTIVITY AUTHORIZED UNDER THIS SECTION, AS DETERMINED BY THE
S. 8008 41 A. 9008
SECRETARY, MAY CONTRACT WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK IN USE OF SUCH FINANCIAL ASSISTANCE AND IN COMPLETION OF SUCH OTHER
ACTIVITIES THAT THE SECRETARY DETERMINES AND REQUIRES UNDER THIS
SECTION. THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IS AUTHORIZED
TO PROVIDE PLANNING, DESIGN AND CONSTRUCTION SERVICES AND TO CONTRACT
FOR AND RENDER ANY SUCH SERVICES THE SECRETARY DETERMINES AND REQUIRES
TO SUCH APPLICANTS UNDER THIS SECTION.
§ 7. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
APPLICANTS FOR FINANCIAL ASSISTANCE FOR PRE-NOMINATION OR NOMINATION
STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
OR SITE ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY
THE SECRETARY THAT HAS BEEN AWARDED PURSUANT TO SECTION NINE HUNDRED
SEVENTY-R OF THE GENERAL MUNICIPAL LAW, AS DETERMINED BY THE SECRETARY
AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
GENERAL MUNICIPAL LAW.
§ 8. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
APPLICANTS FOR FINANCIAL ASSISTANCE FOR PRE-NOMINATION OR NOMINATION
STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
OR SITE ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY
THE SECRETARY THAT HAS BEEN AWARDED PURSUANT TO SECTION NINE HUNDRED
SEVENTY-R OF THE GENERAL MUNICIPAL LAW, AS DETERMINED BY THE SECRETARY
AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
GENERAL MUNICIPAL LAW.
§ 9. This act shall take effect immediately.
PART V
Section 1. Paragraph (a) of subdivision 5-b of section 16 of the agri-
culture and markets law, as amended by chapter 530 of the laws of 2013,
is amended to read as follows:
(a) [Establish] ADMINISTER, in cooperation with the commissioner of
education, a farm-to-school program to facilitate and promote the
purchase of New York farm products by schools, universities and other
educational institutions [under the jurisdiction of the education
department] AND THE NATIONAL SCHOOL LUNCH ACT AND RELATED FOOD PROGRAMS.
The department shall solicit information from the education department
regarding school districts and other educational institutions interested
in purchasing New York farm products, including but not limited to, the
type and amount of such products schools wish to purchase and the name
of the appropriate contact person from the interested school district.
The department shall make this information readily available to inter-
ested New York farmers, farm organizations and businesses that market
New York farm products. The department shall provide information to the
education department and interested school districts and other educa-
tional institutions about the availability of New York farm products,
including but not limited to, the types and amount of products, and the
names and contact information of farmers, farm organizations and busi-
nesses marketing such products. The commissioner shall report to the
legislature on the need for changes in law to facilitate the purchases
of such products by schools and educational institutions.
The department shall also coordinate with the education department,
and school food service, education, health and nutrition, farm, and
other interested organizations in establishing a promotional event, to
S. 8008 42 A. 9008
be known as New York Harvest For New York Kids Week, in early October
each year, that will promote New York agriculture and foods to children
through school meal programs and the classroom, at farms and farmers'
markets and other locations in the community.
§ 2. Subdivision 32 of section 16 of the agriculture and markets law,
as added by chapter 297 of the laws of 1961, is amended to read as
follows:
32. Receive and disburse federal moneys allotted to the state by or
pursuant to the federal agricultural marketing act of nineteen hundred
forty-six as amended, or any other act of the congress making appropri-
ation for the allocation among the states for research into basic laws
and principles relating to agriculture [and], to improve and facilitate
the marketing and distribution of agricultural products, [and] OR for
any other purpose relating to agriculture or marketing agricultural
products; on behalf of the state, to adopt, execute and administer plans
AND PROGRAMS and to put into effect such measures as may be necessary
for SUCH research [into basic laws and principles], PLANS, OR PROGRAMS
relating to agriculture and to improve and facilitate the marketing and
distribution of agricultural products; on behalf of the state, to make
and execute such contracts, agreements, covenants or conditions, not
inconsistent with law, as may be necessary or required by any duly
constituted agency of the federal government as a condition precedent to
receiving such funds or in connection with such research; to cooperate
with all federal, state or local authorities, or other agencies, author-
ized under such acts of congress to carry out the purposes thereof; to
adopt and from time to time to amend such rules and regulations and to
prescribe such conditions, not inconsistent with law, as may be neces-
sary to make available to the people of the state the benefits afforded
by such acts of congress; and to enforce all the provisions of this
subdivision and the rules adopted pursuant hereto. The department of
taxation and finance is designated as custodian of all federal-aid funds
allotted to the state for the purposes of this subdivision by the United
States and such funds shall be payable only on the audit and warrant of
the comptroller on certificate of the commissioner as provided in
section one hundred ten of the state finance law.
§ 3. Paragraph (v) of subdivision c of section 1 of chapter 537 of the
laws of 1976, relating to paid, free and reduced price breakfast for
eligible pupils in certain school districts, as separately amended by
chapters 260 and 615 of the laws of 1993, is amended to read as follows:
(v) Any school not offering a breakfast program on the dates specified
in this section, which would be required under the provisions of para-
graph (i), (ii), (iii) or (iv) of this subdivision to implement such
program in September of the same year, may apply to the commissioner of
[education] AGRICULTURE AND MARKETS for an exemption from the provisions
of this act. Such an exemption shall not be granted by such commission-
er unless a school demonstrates with good cause: (1) that there is no
need for such breakfast program because of low enrollment or documented
projections of low participation or (2) that economic hardship or other
good cause makes the establishment of such a program impractical. Such
commissioner shall establish explicit good cause criteria in regulations
pursuant to this act and annually review the basis for such exemptions.
Such commissioner may also grant a waiver for up to one year from the
provisions of this subdivision to allow adequate time for planning and
implementation of a breakfast program
S. 8008 43 A. 9008
§ 4. Subdivisions d and e of section 1 of chapter 537 of the laws of
1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, are amended to read as follows:
d. In accordance with subsections (c) and (d) of section seventeen
hundred seventy-three of title forty-two of the United States Code and
derivative regulations, the commissioner of [education] AGRICULTURE AND
MARKETS shall determine which participating school facilities are finan-
cially unable to support the service of free and reduced price break-
fasts and therefore are considered "especially needy" school facilities.
Such school facilities subsequently shall be assigned the appropriate
increased "especially needy" per meal reimbursement calculated pursuant
to such code and regulations in support of the cost of free and reduced
price breakfasts.
e. In the provision of free and reduced price meals for the school
breakfast programs, the [state commissioner of education] COMMISSIONER
OF AGRICULTURE AND MARKETS shall prescribe maximum eligibility standards
permissible under section nine of the National School Lunch Act and
section four of the Child Nutrition Act.
§ 5. Section 3 of chapter 537 of the laws of 1976, relating to paid,
free and reduced price breakfast for eligible pupils in certain school
districts, is amended to read as follows:
§ 3. The [state commissioner of education] COMMISSIONER OF AGRICULTURE
AND MARKETS hereby is directed to request the bureau of school food
management to provide any additional information and assistance which
may be required by the schools and school districts to aid them in
developing and implementing the various school food programs.
§ 6. Subdivisions a, d and e of section 4 of chapter 537 of the laws
of 1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, as added by section 2 of part B of
chapter 56 of the laws of 2018, are amended to read as follows:
a. All public elementary or secondary schools in this state, not
including a charter school authorized by article 56 of the education
law, with at least seventy percent or more of its students eligible for
free or reduced-price meals under the federal National School Lunch
Program as determined by the [State Education Department] DEPARTMENT OF
AGRICULTURE AND MARKETS based upon data submitted by schools through the
basic educational data system (BEDS) AND PROVIDED BY THE STATE EDUCATION
DEPARTMENT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS for the prior
school year AND, shall be required to offer all students a school break-
fast after the instructional day has begun.
d. Any school identified pursuant to this section may apply to the
commissioner of [education] AGRICULTURE AND MARKETS for a waiver from
establishing a school breakfast program after the instructional day has
begun. Such waiver may be granted by the commissioner of [education]
AGRICULTURE AND MARKETS upon the school demonstrating:
i. A lack of need for a school breakfast program after the instruc-
tional day has begun because of a successful existing breakfast program;
or
ii. Providing a school breakfast program after the instructional day
has begun would cause economic hardship for the school.
The commissioner of [education] AGRICULTURE AND MARKETS shall annually
review the basis for waivers granted to schools.
e. The [State Education Department] DEPARTMENT OF AGRICULTURE AND
MARKETS shall:
i. [on or before May 1, 2018] COMMENCING ON THE FIRST MAY 1 FOLLOWING
THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER THE PROGRAMS HEREIN,
S. 8008 44 A. 9008
and on or before May 1 of each year thereafter preceding each school
year, publish on its website a list of the public schools that meet the
requirements for operating such programs, and provide notification to
such schools;
ii. develop and distribute guidelines for the implementation of such
programs, which shall be in the compliance with all applicable federal
and state laws governing the School Breakfast Program;
iii. provide technical assistance relating to the implementation of
such program and submission of claims for reimbursement under the School
Breakfast Program; and
iv. [annually publish by December 2019] COMMENCING ON THE FIRST
DECEMBER 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER
THE PROGRAMS HEREIN, and each December thereafter, on its website infor-
mation relating to each school subject to this requirement, as well as
any other schools operating such program which are not subject to this
requirement, in the prior school year. Such information shall include,
but not be limited to: the school name, service delivery models imple-
mented, student enrollment, the free and reduced-price lunch percentage,
the average daily breakfast participation rate.
§ 7. Subdivisions a, b and c of section 5 of chapter 537 of the laws
of 1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, as added by section 2 of part B of
chapter 56 of the laws of 2018, are amended to read as follows:
a. Notwithstanding any monetary limitations with respect to school
lunch programs contained in any law or regulation, for school lunch
meals served in the school year commencing [July 1, 2019 and] ON THE
FIRST JULY 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINIS-
TER THE PROGRAMS HEREIN AND each July 1 thereafter, a school food
authority shall be eligible for a lunch meal State subsidy of twenty-
five cents, which shall include any annual State subsidy received by
such school food authority under any other provision of State law, for
any school lunch meal served by such school food authority; provided
that the school food authority certifies to the [State Education Depart-
ment] DEPARTMENT OF AGRICULTURE AND MARKETS through the application
submitted pursuant to subdivision b of this section that such food
authority has purchased at least thirty percent of its total cost of
food products for its school lunch service program from New York state
farmers, growers, producers or processors in the preceding school year.
b. The [State Education Department, in cooperation with the] Depart-
ment of Agriculture and Markets[,] shall develop an application for
school food authorities to seek an additional State subsidy pursuant to
this section in a timeline and format prescribed by [the commissioner of
education] SUCH DEPARTMENT. Such application shall include, but not be
limited to, documentation demonstrating the school food authority's
total food purchases for its school lunch service program, and documen-
tation demonstrating its total food purchases and percentages for such
program from New York State farmers, growers, producers or processors in
the preceding school year. The application shall also include an attes-
tation from the school food authority's chief operating officer that it
purchased at least thirty percent of its total cost of food products for
its school lunch service program from New York State farmers, growers,
producers or processors in the preceding school year in order to meet
the requirements for this additional State subsidy. School food authori-
ties shall be required to annually apply for this subsidy.
c. [The State Education Department] COMMENCING ON THE FIRST SEPTEMBER
1 FOLLOWING THE DEPARTMENT OF AGRICULTURE AND MARKETS' RECEIPT OF
S. 8008 45 A. 9008
AUTHORITY TO ADMINISTER THE PROGRAMS HEREIN AND ON OR BEFORE EACH
SEPTEMBER 1 THEREAFTER, THE DEPARTMENT shall annually publish informa-
tion on its website [commencing on September 1, 2019 and each September
1 thereafter,] relating to each school food authority that applied for
and received this additional State subsidy, including but not limited
to: the school food authority name, student enrollment, average daily
lunch participation, total food costs for its school lunch service
program, total cost of food products for its school lunch service
program purchased from New York State farmers, growers, producers or
processors, and the percent of total food costs that were purchased from
New York State farmers, growers, producers or processors for its school
lunch service program.
§ 8. 1. Transfer of functions. All of the functions and powers
possessed by and the obligations and duties of the State Department of
Education in connection with the administration of the National School
Lunch Program and related programs are hereby transferred to the Depart-
ment of Agriculture and Markets.
2. Transfer of employees. (a) Upon the transfer of functions, powers,
duties and obligations of the State Department of Education's Child
Nutrition Program Administration relating to the National School Lunch
Program and related programs to the Department of Agriculture and
Markets pursuant to this section, provisions shall be made for the
transfer to the Department of Agriculture and Markets such employees of
the State Education Department who are substantially engaged in the
performance of the functions herein. Employees so transferred shall be
transferred without further examination or qualification and shall
retain their respective civil service classifications and status. For
the purpose of determining the employees holding permanent appointments
in competitive class positions to be transferred, such employees shall
be selected within each class of positions in the order of their
original appointment, with due regard to the right of preference in
retention of disabled and non-disabled veterans. Any such employee who,
at the time of such transfer, has a temporary or provisional appointment
shall be transferred subject to the same right of removal, examination
or termination as though such transfer had not been made. Employees
holding permanent appointments in competitive class positions who are
not transferred pursuant to this section shall have their names entered
upon an appropriate preferred list for reinstatement pursuant to the
civil service law.
(b) A transferred employee shall remain in the same collective
bargaining unit as was the case prior to his or her transfer; successor
employees to the positions held by such transferred employees shall,
consistent with the provisions of article fourteen of the civil service
law, be included in the same unit as their predecessors. Employees other
than management or confidential persons as defined in article fourteen
of the civil service law serving positions in newly created titles shall
be assigned to the appropriate bargaining unit. Nothing contained in
this section shall be construed to affect:
(i) the rights of employees pursuant to a collective bargaining agree-
ment;
(ii) the representational relationships among employee organizations
or the bargaining relationships between the state and an employee organ-
ization; or
(iii) existing law with respect to an application to the public
employment relations board; provided, however, that the merger of such
negotiating units of employees shall be effected only with the consent
S. 8008 46 A. 9008
of the recognized and certified representative of such units and of the
department of law.
§ 9. This act shall take effect on the one hundred eightieth day after
the Department of Agriculture and Markets is notified by the United
States Department of Agriculture of the approval of the authority of the
Department of Agriculture and Markets to administer the National School
Lunch Program, provided that the commissioner of the Department of Agri-
culture and Markets shall notify the legislative bill drafting commis-
sion upon receipt of approval from the United States Department of Agri-
culture of the authority of the Department of Agriculture and Markets to
administer the National School Lunch Program in order that the commis-
sion may maintain an accurate and timely effective database of the offi-
cial text of laws of the state of New York in furtherance of effecting
the provisions of section 44 of the legislative law and section 70-b of
the public officers law.
PART W
Section 1. Subdivisions 3, 5, 8 and 11 of section 400 of the general
business law, subdivisions 3 and 8 as added by chapter 509 of the laws
of 1992, subdivision 5 as amended by chapter 343 of the laws of 1998,
and subdivision 11 as added by chapter 80 of the laws of 2015, are
amended to read as follows:
3. "Licensee" means a person licensed pursuant to this article to
engage in the practice of [natural hair styling] WAXING, esthetics, nail
specialty or cosmetology, or to operate an appearance enhancement busi-
ness in which such practice, as herein defined, is provided to the
public, OR TO PROVIDE THE SERVICES OF A SALON ASSISTANT, AS HEREIN
DEFINED.
5. The [practice] SERVICES of ["natural hair styling"] "SALON ASSIST-
ANT" means providing for a fee, or any consideration or exchange, wheth-
er direct or indirect, any of the following services to the hair of a
human being: shampooing, arranging, dressing, [twisting, wrapping, weav-
ing, extending, locking or braiding] OR BLOW DRYING the hair [or beard]
by either hand or mechanical appliances, INCLUDING BUT NOT LIMITED TO,
CURLING IRONS AND MECHANICAL HAIR STRAIGHTENERS. Such practice shall not
include TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, BRAIDING,
cutting, shaving or trimming hair except that such activities are
permissible to the extent that such activities are incidental to the
[practice] SERVICES of [natural hair styling] A SALON ASSISTANT. Such
[practice] SERVICES shall not include the application of dyes, reactive
chemicals, or other preparations to alter the color or to straighten,
curl, or alter the structure of the hair. [Techniques] NOTHING CONTAINED
IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE A LICENSE FOR SERVICES
which result in tension on hair roots such as certain types of braiding,
weaving, wrapping, AND locking [and extending of the hair may only be
performed by a natural hair styling or cosmetology licensee who has
successfully completed an approved course of study in such techniques],
OR INCIDENTAL SERVICES ATTENDED THERETO.
8. "Appearance enhancement business" means the business of providing
any or all of the services licensed pursuant to this article at a fixed
location. IN ADDITION, ANY BUSINESS WHICH OFFERS, DEMANDS, COLLECTS, OR
RECEIVES A FEE, OR ANY CONSIDERATION OR EXCHANGE, WHETHER DIRECT OR
INDIRECT, FOR ANY OF THE FOLLOWING SERVICES TO THE HAIR OF A HUMAN
BEING: SHAMPOOING, ARRANGING, DRESSING, TWISTING, WRAPPING, WEAVING,
EXTENDING, LOCKING OR BRAIDING THE HAIR OR BEARD BY EITHER HAND OR
S. 8008 47 A. 9008
MECHANICAL APPLIANCES SHALL ALSO BE REQUIRED TO OBTAIN A LICENSE PURSU-
ANT TO THIS ARTICLE.
11. "Trainee" means a person pursuing in good faith a course of study
[in the practice of nail specialty] TO BECOME A LICENSEE under the
tutelage, supervision and direction of a licensed [nail] practitioner OF
THE SAME LICENSE TYPE, AS HEREIN DEFINED. Such trainee shall be employed
by a licensed appearance enhancement business.
§ 2. Subdivisions 1 and 3 of section 401 of the general business law,
subdivision 1 as amended by chapter 80 of the laws of 2015, and subdivi-
sion 3 as amended by chapter 341 of the laws of 1998, are amended to
read as follows:
1. No person shall engage in the practice of nail specialty, waxing,
[natural hair styling,] esthetics or cosmetology, as defined in section
four hundred of this article, OR OFFER THE SERVICES OF A SALON ASSIST-
ANT, AS DEFINED IN SECTION FOUR HUNDRED OF THIS ARTICLE, without having
received a license to engage in such practice in the manner prescribed
in this article. No person shall act as a trainee or perform any service
as such unless he or she has obtained a certificate of registration
pursuant to this article.
3. A person licensed by any other state or country to practice nail
specialty, waxing, [natural hair styling,] esthetics or cosmetology, OR
WHO IS LICENSED TO OFFER THE SERVICES OF A SALON ASSISTANT, shall be
allowed to practice in New York state for three months or less within
any calendar year for the purpose of giving to, or receiving from,
persons who are licensed under this article training in current styles,
techniques or materials, provided however, that no such unlicensed
person may provide services to the public for any fee, or other compen-
sation, whether direct or indirect.
§ 3. Subdivision 1 of section 403 of the general business law, as
amended by chapter 339 of the laws of 2017, is amended to read as
follows:
1. There shall be established within the department an advisory
committee which shall consist of nine members broadly representative of
the appearance enhancement industry; including one person engaged in the
practice of either nail specialty or waxing; [two persons engaged in
natural hair styling; one of whom shall be knowledgeable in the practice
of styling techniques which place tension on the hair roots, and one of
whom shall ensure strict adherence to quality services for all clients
of all hair types, including, but not limited to, curl pattern, hair
strand thickness, and volume of hair;] one person engaged in esthetics;
[two] FOUR persons engaged in cosmetology; two persons engaged in train-
ing of persons for such practices and one person licensed as a dermatol-
ogist. The secretary shall appoint such persons to serve on the advisory
committee, provided, that two shall be appointed by the secretary on the
recommendation of the temporary president of the senate and two shall be
appointed by the secretary on the recommendation of the speaker of the
assembly. Each member of the committee shall be appointed for terms of
two years. Any member may be reappointed for additional terms. The
secretary shall designate from among the members of the committee a
chairperson who shall serve at the pleasure of the secretary.
§ 4. Section 404 of the general business law, as amended by chapter 80
of the laws of 2015, is amended to read as follows:
§ 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards for practice and operation by
licensees and trainees under this article in order to ensure the health,
safety and welfare of the public including licensees and trainees when
S. 8008 48 A. 9008
they are working within such establishments. Such rules and regulations
shall include, but not be limited to, the sanitary conditions and proce-
dures required to be maintained, a minimum standard of training appro-
priate to the duties of nail specialists, trainees, waxers, [natural
hair stylists] SALON ASSISTANTS, estheticians, and cosmetologists and
the provision of service by nail specialists, trainees, waxers, [natural
hair stylists] SALON ASSISTANTS, estheticians or cosmetologists at
remote locations other than the licensee's home provided that such prac-
titioner holds an appearance enhancement business license to operate at
a fixed location or is employed by the holder of an appearance enhance-
ment business license. Regulations setting forth the educational
requirements for nail specialists and trainees shall include education
in the area of causes of infection and bacteriology. In promulgating
such rules and regulations the secretary shall consult with the state
education department, the advisory committee established pursuant to
this article, any other state agencies and private industry represen-
tatives as may be appropriate in determining minimum training require-
ments.
§ 5. Paragraphs a and f of subdivision 1, subdivision 2 and paragraph
b of subdivision 4 of section 406 of the general business law, paragraph
a of subdivision 1, subdivision 2 and paragraph b of subdivision 4 as
amended by chapter 341 of the laws of 1998, paragraph f of subdivision 1
as added by chapter 80 of the laws of 2015, and paragraph c of subdivi-
sion 2 as amended by section 3 of part D of chapter 328 of the laws of
2014, are amended to read as follows:
a. Any person intending to practice nail specialty, waxing, [natural
hair styling,] esthetics or cosmetology as defined in this article, or
to own or operate an appearance enhancement business, OR TO OFFER
SERVICES AS A SALON ASSISTANT OR TO PRACTICE AS A TRAINEE, shall first
make application to the secretary for a license therefor.
f. Notwithstanding the educational requirements of this section, a
trainee may [obtain a license to practice nail specialty] SUBMIT AN
APPLICATION TO BECOME A LICENSEE if such trainee provides satisfactory
evidence to the secretary that such trainee has been actively engaged in
a traineeship for a period of one year and has completed a course of
study set forth by the secretary. Such course of study may be delivered
by electronic means.
2. a. Any person seventeen years of age or older may apply to the
secretary for a license to practice nail specialty, waxing, [natural
hair styling,] esthetics or cosmetology, OR TO OFFER SERVICES AS A SALON
ASSISTANT, OR TO PRACTICE AS A TRAINEE.
b. Each such application shall also be accompanied by satisfactory
evidence of having taken and passed the appropriate examination or exam-
inations offered by the secretary pursuant to this article for the
license sought and evidence of the successful completion of an approved
course of study in nail specialty, waxing, [natural hair styling] SALON
ASSISTANT SERVICES, esthetics or cosmetology in a school duly licensed
pursuant to the education law.
c. Any applicant for a license to practice nail specialty, waxing,
[natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
or cosmetology may submit satisfactory evidence of licensure to practice
an equivalent occupation issued by any other state, territory, protec-
torate or dependency of the United States or any other country in lieu
of the evidence of schooling and examination required by this subdivi-
sion, provided that such license was granted in compliance with stand-
ards which were, in the judgment of the secretary, not lower than those
S. 8008 49 A. 9008
of this state and provided that such state, territory, protectorate,
dependency, or country extends similar reciprocity to the licensees of
this state, or the applicant practiced an equivalent occupation in such
state, territory, protectorate, dependency or country for a minimum of
five years, or the applicant is a member of the household of a member of
the armed forces of the United States, national guard or reserves and
was a member of such household before such member relocated to the
state.
d. Notwithstanding the educational requirements of this section and
the testing requirements of this section, an applicant who otherwise has
met the licensing requirements of this article for a nail specialist,
waxer, [natural hair stylist,] esthetician or cosmetologist who shall
provide satisfactory evidence he or she has been actively and contin-
uously engaged in the practice of nail specialty, waxing, [natural hair
styling,] esthetics or cosmetology for at least one year prior to the
effective date of this article, may be issued a license for nail
specialty, waxing, [natural hair styling,] esthetics or cosmetology
pursuant to this article. Notwithstanding the educational and testing
requirements of this section, a person licensed to practice barbering
under article twenty-eight of this chapter who otherwise has met the
licensing requirements of this article may be issued a license to [prac-
tice natural hairstyling] PROVIDE SALON ASSISTANT SERVICES. Other than
applicants licensed under article twenty-eight of this chapter, those
persons who apply after a twelve month period from the effective date of
this article will be required to provide evidence of training and to
take the examination or examinations as required for other licenses
pursuant to this article.
e. Upon acceptance by the secretary of a proper application for an
operator's license to practice nail [speciality] SPECIALTY, waxing,
[natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
or cosmetology, the secretary may issue a temporary operator's license
which shall expire six months from issuance. Upon good cause shown, the
secretary may renew a temporary operator's license for one additional
six-month period upon filing the appropriate application and fee.
b. In the case of persons who are called to active military service
and will be discharged from active military service, the period of two
years specified in paragraph d of subdivision two of this section need
not be continuous. The length of time such person was engaged in the
practice of nail specialty, waxing, [natural hair styling,] esthetics or
cosmetology, OR TO PROVIDE SALON ASSISTANT SERVICES, before entering
active military service may be added to any period of time during which
such person was or is engaged in the practice of nail specialty, waxing,
[natural hair styling,] esthetics or cosmetology after the termination
of active military service.
§ 6. Subdivision 1 of section 407 of the general business law, as
amended by section 1 of chapter 255 of the laws of 1999, is amended to
read as follows:
1. The examinations for the license to practice [natural hair styl-
ing,] esthetics, nail specialty and cosmetology shall be practical and
written. The examinations for the license to practice waxing shall be
limited to a written examination only. THE EXAMINATIONS TO PROVIDE SALON
ASSISTANT SERVICES SHALL BE LIMITED TO A PRACTICAL EXAMINATION ONLY. The
secretary shall determine reasonable standards of performance for each
license and shall evaluate the prospective applicants and applicants on
the basis of such standards. The objectives of the examinations shall be
to insure that prospective applicants and applicants have sufficient
S. 8008 50 A. 9008
basic skills to safeguard the health and safety of the public and to
insure that prospective applicants and applicants have attained adequate
levels of skill to competently engage in the activities authorized by
the license.
§ 7. Subdivision 1 of section 409 of the general business law, as
amended by section 2 of part Y of chapter 60 of the laws of 2011, is
amended to read as follows:
1. The non-refundable fee for an application for a license to engage
in the practice of nail specialty, waxing, [natural hair styling,]
esthetics or cosmetology, shall be forty dollars initially and for each
renewal thereof the fee shall be forty dollars; the fee for a temporary
license and each renewal shall be ten dollars.
§ 8. Paragraph a of subdivision 2 of section 410 of the general busi-
ness law, as amended by chapter 80 of the laws of 2015, is amended to
read as follows:
a. The secretary may issue an order directing the cessation of any
activity related to nail specialty, waxing, [natural hair styling,]
esthetics or cosmetology, OR TO SERVICES RELATING TO SALON ASSISTANTS,
for which a license is required by this article upon a determination
that a person, partnership, limited liability company or business corpo-
ration, engaging in the business or occupation of, or holding himself,
herself or itself out as or acted, temporarily or otherwise, as a nail
specialist, [natural hair stylist] SALON ASSISTANT, esthetician or
cosmetologist within this state without a valid license being in effect.
The secretary shall, before making such determination and order, afford
such person, partnership, limited liability company or business corpo-
ration an opportunity to be heard in person or by counsel in reference
thereto in an adjudicatory proceeding held pursuant to section four
hundred eleven of this article as applicable.
§ 9. Subdivision 1 of section 412 of the general business law, as
amended by chapter 80 of the laws of 2015, is amended to read as
follows:
1. The practice of nail specialty, waxing, [natural hair styling,]
esthetics or cosmetology, OR PROVIDING SALON ASSISTANT SERVICES, without
a license or while under suspension or revocation, or in violation of an
order directing the cessation of unlicensed activity issued by the
secretary pursuant to section four hundred ten or four hundred eleven of
this article, is a violation and is subject to a civil penalty of up to
five hundred dollars for the first violation; one thousand dollars for a
second such violation; and two thousand five hundred dollars for a third
violation and any subsequent violation.
§ 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation by the secretary of
state 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 X
Section 1. Notwithstanding any other provision of law to the contrary,
any person who is licensed or certified as a physician, physician's
assistant, massage therapist, physical therapist, chiropractor, dentist,
optometrist, nurse, nurse practitioner, emergency medical technician,
podiatrist or athletic trainer by a foreign government may provide
professional services within this state without first being licensed
S. 8008 51 A. 9008
pursuant to the provisions of title 8 of the education law or certified
pursuant to the provisions in the public health law, as may be applica-
ble, to the team athletes, coaches, staff and delegations originating
from such foreign government, in connection with the Winter World
University Games, Lake Placid 2023. Such services shall be limited to
athletes and personnel in relation to the Winter World University Games,
Lake Placid 2023, between the dates of January 5, 2023 and January 25,
2023.
§ 2. Any person who is licensed or certified to practice as a physi-
cian, physician's assistant, massage therapist, physical therapist,
chiropractor, dentist, optometrist, nurse, nurse practitioner, emergency
medical technician, podiatrist or athletic trainer in another state or
territory, who is in good standing in such state or territory, and who
has been appointed by the Adirondack North Country Sports Council to
provide professional services at an event in this state sanctioned by
the Adirondack North Country Sports Council, may provide such profes-
sional services to team athletes, coaches, staff and delegations from
such state or territory registered to train at a location in this state
or registered to compete in an event conducted under the sanction of the
Adirondack North Country Sports Council in this state without first
being licensed pursuant to the provisions of title 8 of the education
law or certified pursuant to the provisions of the public health law, as
may be applicable. Such services shall be limited to team athletes,
coaches, staff and delegations in relation to the Winter World Universi-
ty Games, Lake Placid 2023, between the dates of January 5, 2023 and
January 25, 2023.
§ 3. This act shall take effect January 5, 2023 and shall expire and
be deemed repealed January 25, 2023.
PART Y
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 J of chapter 58 of the laws of 2021, 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, [2022] 2025, 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 Z
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 K of chapter 58 of the
laws of 2021, 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, [2022] 2025.
S. 8008 52 A. 9008
§ 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 AA
Section 1. Section 17 of part F of chapter 60 of the laws of 2015
constituting the infrastructure investment act, as amended by section 7
of part DD of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 17. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2022] 2027, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal.
§ 2. Section 14 of chapter 749 of the laws of 2019 authorizing, for
certain public works undertaken pursuant to project labor agreements,
use of the alternative delivery method known as design-build contracts,
is amended to read as follows:
§ 14. This act shall take effect immediately and shall expire and be
deemed repealed [three] EIGHT years after such date, provided that,
public works with requests for qualifications issued prior to such
repeal shall be permitted to continue under this act notwithstanding
such repeal.
§ 3. This act shall take effect immediately.
PART BB
Section 1. Subparagraph 6 of paragraph (g) of subdivision 11 of
section 213 of the state finance law, as added by section 1 of part HH
of chapter 59 of the laws of 2013, is amended and a new paragraph (h) is
added to read as follows:
(6) small scale systems integration and packaging[.]; OR
(H) A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.
§ 2. Paragraph (e) of subdivision 12 of section 213 of the state
finance law, as added by chapter 705 of the laws of 1993, is amended and
a new paragraph (f) is added to read as follows:
(e) for certified minority-and women-owned businesses, projects to
provide financing necessary to carry out a procurement contract with an
agency or authority or other entity of the state or federal govern-
ment[.]; OR
(F) PROJECTS IN WHICH COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
MAKE LOANS.
§ 3. Section 213 of the state finance law is amended by adding a new
subdivision 25 to read as follows:
25. "COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION" MEANS AN ORGANIZA-
TION AS DEFINED IN 12 U.S.C. 4702(5)(A).
§ 4. This act shall take effect immediately.
PART CC
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 16-gg to read as follows:
§ 16-GG. SMALL BUSINESS SEED FUNDING GRANT PROGRAM. 1. DEFINITIONS.
AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
S. 8008 53 A. 9008
(A)"SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH IS RESIDENT IN THIS
STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND
EMPLOYS ONE HUNDRED OR LESS PERSONS, WAS STARTED ON MARCH 1, 2019 OR
LATER AND HAS BEEN OPERATIONAL FOR A MINIMUM OF SIX MONTHS PRIOR TO
APPLICATION.
(B)"MICRO-BUSINESS" SHALL MEAN A BUSINESS WHICH IS A RESIDENT IN THIS
STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND
EMPLOYS TEN OR LESS PERSONS.
(C)"THE PROGRAM" SHALL MEAN THE SMALL BUSINESS SEED FUNDING GRANT
PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(D)"APPLICANT" SHALL MEAN A SMALL BUSINESS OR FOR-PROFIT INDEPENDENT
ARTS AND CULTURAL ORGANIZATION SUBMITTING AN APPLICATION FOR A GRANT
AWARD TO THE PROGRAM.
2. SMALL BUSINESS SEED FUNDING GRANT PROGRAM ESTABLISHED. THE SMALL
BUSINESS SEED FUNDING GRANT PROGRAM IS HEREBY CREATED TO PROVIDE ASSIST-
ANCE TO EARLY-STAGE SMALL BUSINESSES TO SUCCEED IN A RECOVERING NEW YORK
STATE ECONOMY.
3. AUTHORIZATION. THE CORPORATION IS HEREBY AUTHORIZED, USING AVAIL-
ABLE FUNDS, TO ISSUE GRANTS AND PROVIDE TECHNICAL ASSISTANCE AND
OUTREACH TO SMALL BUSINESSES AND TECHNICAL ASSISTANCE PARTNERS FOR THE
PURPOSE OF AIDING THE RECOVERY OF THE NEW YORK STATE ECONOMY, AND MAY
PROMULGATE GUIDELINES TO EFFECTUATE THE PURPOSES HEREIN.
4. SELECTION CRITERIA AND APPLICATION PROCESS. (A) IN ORDER TO BE
ELIGIBLE FOR A GRANT OR ADDITIONAL FORM OF SUPPORT UNDER THE PROGRAM, AN
ELIGIBLE SMALL BUSINESS SHALL:
(I) BE INCORPORATED IN NEW YORK STATE OR LICENSED OR REGISTERED TO DO
BUSINESS IN NEW YORK STATE AND MUST BE RESIDENT IN THE STATE OF NEW
YORK;
(II) BE A CURRENTLY VIABLE SMALL BUSINESS THAT STARTED BUSINESS ON
MARCH 1, 2019 OR LATER AND HAS BEEN OPERATIONAL FOR AT LEAST SIX MONTHS
BEFORE APPLICATION;
(III) HAVE BETWEEN FIVE THOUSAND AND ONE MILLION DOLLARS IN GROSS
RECEIPTS OR BE ABLE TO DEMONSTRATE TEN THOUSAND DOLLARS IN BUSINESS
EXPENSES;
(IV) BE IN SUBSTANTIAL COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND
LOCAL LAWS, REGULATIONS, CODES AND REQUIREMENTS; AND
(V) NOT OWE ANY FEDERAL, STATE OR LOCAL TAXES, OR HAVE AN APPROVED
REPAYMENT, DEFERRAL PLAN, OR AGREEMENT WITH APPROPRIATE FEDERAL, STATE,
AND LOCAL TAXING AUTHORITIES.
(B) GRANTS AWARDED FROM THIS PROGRAM SHALL BE AVAILABLE TO ELIGIBLE
MICRO-BUSINESSES AND SMALL BUSINESSES THAT DO NOT QUALIFY FOR BUSINESS
ASSISTANCE GRANT PROGRAMS UNDER THE FEDERAL AMERICAN RESCUE PLAN ACT OF
2021 OR ANY OTHER AVAILABLE FEDERAL COVID-19 ECONOMIC RECOVERY OR BUSI-
NESS ASSISTANCE GRANT PROGRAMS, INCLUDING LOANS FORGIVEN UNDER THE
FEDERAL PAYCHECK PROTECTION PROGRAM, OR ARE UNABLE TO OBTAIN SUFFICIENT
BUSINESS ASSISTANCE FROM SUCH FEDERAL PROGRAMS, WITH PRIORITY GIVEN TO
SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS OWNERS INCLUDING, BUT
NOT LIMITED TO, MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, SERVICE-
DISABLED VETERAN-OWNED BUSINESSES, AND VETERAN-OWNED BUSINESSES, OR
BUSINESSES LOCATED IN COMMUNITIES THAT WERE ECONOMICALLY DISTRESSED
PRIOR TO MARCH 1, 2020, AS DETERMINED BY THE MOST RECENT CENSUS DATA.
5. ELIGIBLE COSTS. (A) ELIGIBLE COSTS CONSIDERED FOR MICRO-BUSINESSES
AND SMALL BUSINESSES UNDER THIS PROGRAM MUST HAVE BEEN INCURRED BETWEEN
MARCH 1, 2019 AND JANUARY 1, 2022.
(B) (I) THE FOLLOWING COSTS INCURRED BY A MICRO-BUSINESS AND SMALL
BUSINESSES, SHALL BE CONSIDERED ELIGIBLE UNDER THE PROGRAM AT A MINIMUM:
S. 8008 54 A. 9008
PAYROLL COSTS; COSTS OF RENT OR MORTGAGE AS PROVIDED FOR IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH; COSTS OF REPAYMENT OF LOCAL PROPERTY OR SCHOOL
TAXES ASSOCIATED WITH SUCH SMALL BUSINESS'S LOCATION AS PROVIDED FOR IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH; INSURANCE COSTS; UTILITY COSTS;
COSTS OF PERSONAL PROTECTION EQUIPMENT (PPE) NECESSARY TO PROTECT WORKER
AND CONSUMER HEALTH AND SAFETY; HEATING, VENTILATION, AND AIR CONDITION-
ING (HVAC) COSTS, OR OTHER MACHINERY OR EQUIPMENT COSTS, OR SUPPLIES AND
MATERIALS NECESSARY FOR COMPLIANCE WITH COVID-19 HEALTH AND SAFETY
PROTOCOLS, AND OTHER DOCUMENTED COVID-19 COSTS AS APPROVED BY THE CORPO-
RATION.
(II) MORTGAGE PAYMENTS OR COMMERCIAL RENT SHALL BE CONSIDERED ELIGIBLE
COSTS.
(III) PAYMENT OF LOCAL PROPERTY TAXES AND SCHOOL TAXES SHALL BE
CONSIDERED ELIGIBLE COSTS.
(C) GRANTS AWARDED UNDER THE PROGRAM SHALL NOT BE USED TO RE-PAY OR
PAY DOWN ANY PORTION OF A LOAN OBTAINED THROUGH A FEDERAL CORONAVIRUS
RELIEF PACKAGE FOR BUSINESS ASSISTANCE OR ANY NEW YORK STATE BUSINESS
ASSISTANCE PROGRAMS.
6. APPLICATION AND APPROVAL PROCESS. (A) AN ELIGIBLE MICRO-BUSINESS,
SMALL BUSINESS SHALL SUBMIT A COMPLETE APPLICATION IN A FORM AND MANNER
PRESCRIBED BY THE CORPORATION.
(B) THE CORPORATION SHALL ESTABLISH THE PROCEDURES AND TIME PERIOD FOR
MICRO-BUSINESSES AND SMALL BUSINESSES TO SUBMIT APPLICATIONS TO THE
PROGRAM. AS PART OF THE APPLICATION EACH MICRO-BUSINESS AND SMALL BUSI-
NESS SHALL PROVIDE SUFFICIENT DOCUMENTATION IN A MANNER PRESCRIBED BY
THE CORPORATION TO DEMONSTRATE HARDSHIP, AND PREVENT FRAUD, WASTE, AND
ABUSE.
7. TECHNICAL ASSISTANCE AND OUTREACH. THE CORPORATION MAY OFFER OR
MAKE AVAILABLE TO ALL APPLICANTS, REGARDLESS OF APPROVAL STATUS, DIRECT
OR INDIRECT ACCESS TO FINANCIAL AND BUSINESS PLANNING, LEGAL CONSULTA-
TION, LANGUAGE ASSISTANCE SERVICES, MENTORING SERVICES FOR POST-PANDEMIC
PLANNING, REOPENING PLANNING ASSISTANCE AND OTHER ASSISTANCE AND SUPPORT
AS DETERMINED BY THE CORPORATION. ASSISTANCE, SUPPORT, OUTREACH AND
OTHER SERVICES MAY BE PROVIDED BY OR THROUGH PARTNER ORGANIZATIONS,
INCLUDING BUT NOT LIMITED TO CHAMBERS OF COMMERCE, LOCAL BUSINESS DEVEL-
OPMENT CORPORATIONS, TRADE ASSOCIATIONS AND OTHER COMMUNITY ORGANIZA-
TIONS THAT HAVE EXPERTISE AND BACKGROUND IN PROVIDING TECHNICAL ASSIST-
ANCE, AT THE DISCRETION OF THE CORPORATION.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part CC of
chapter 58 of the laws of 2020, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2022] 2025; provided however, that the expi-
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART EE
S. 8008 55 A. 9008
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY NOT-FOR-PROFIT CORPORATION OR COLLABORATION OF NOT-FOR-PROFIT
CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED TO
PHYSICAL INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE MILLION
DOLLARS. FOR THE PURPOSES OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPORATION"
SHALL MEAN A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN CORPORATION AS
DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION
LAW. ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS THE REQUISITE
CREDIT STANDING TO SECURE SUCH FUNDING IN THE PRIVATE OR PUBLIC CAPITAL
MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORITY PURSUANT TO
SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY NOT-FOR-PROFIT CORPORATION OR COLLABORATION OF NOT-FOR-PROFIT
CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED TO
PHYSICAL INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE MILLION
DOLLARS. FOR THE PURPOSES OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPO-
RATION" SHALL MEAN A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN CORPO-
RATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT
CORPORATION LAW. ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS THE
REQUISITE CREDIT STANDING TO SECURE SUCH FUNDING IN THE PRIVATE OR
PUBLIC CAPITAL MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORI-
TY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
§ 3. 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.
§ 4. This act shall take effect immediately.
PART FF
Section 1. Section 1678 of the public authorities law is amended by
adding a new subdivision 30 to read as follows:
30. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
WHEN AWARDING A CONTRACT FOR PUBLIC WORK, THE AUTHORITY MAY ESTABLISH
GUIDELINES GOVERNING THE QUALIFICATIONS OF BIDDERS SEEKING TO BID OR
ENTER INTO SUCH CONTRACTS. IF THE AUTHORITY MAINTAINS AN APPROPRIATE
LIST OF QUALIFIED BIDDERS, THE BIDDING SHALL BE RESTRICTED TO THOSE WHO
HAVE QUALIFIED PRIOR TO THE RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED
BY THE AUTHORITY. IN DETERMINING WHETHER A PROSPECTIVE BIDDER QUALIFIES
FOR INCLUSION ON A LIST OF PREQUALIFIED BIDDERS, THE AUTHORITY SHALL
CONSIDER THE EXPERIENCE AND RECORD OF PERFORMANCE OF THE PROSPECTIVE
BIDDER IN THE PARTICULAR TYPE OF WORK, AS WELL AS: (I) THE PROSPECTIVE
BIDDER'S ABILITY TO UNDERTAKE THE PARTICULAR TYPE AND COMPLEXITY OF
WORK; (II) THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABILITY OF
THE PROSPECTIVE BIDDER FOR SUCH TYPE AND COMPLEXITY OF WORK; (III) THE
RECORD OF THE PROSPECTIVE BIDDER IN COMPLYING WITH EXISTING LABOR STAND-
ARDS AND MAINTAINING HARMONIOUS LABOR RELATIONS; (IV) THE PROSPECTIVE
BIDDER'S COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS AND
ANTI-DISCRIMINATION LAWS, AND DEMONSTRATED COMMITMENT TO WORKING WITH
MINORITY AND WOMEN-OWNED BUSINESSES THROUGH JOINT VENTURES OR SUBCON-
TRACTOR RELATIONSHIPS; AND (V) THE RECORD OF THE PROSPECTIVE BIDDER IN
PROTECTING THE HEALTH AND SAFETY OF WORKERS ON PUBLIC WORKS PROJECTS AND
JOB SITES AS DEMONSTRATED BY THE PROSPECTIVE BIDDER'S EXPERIENCE MODIFI-
CATION RATE FOR EACH OF THE LAST THREE YEARS.
S. 8008 56 A. 9008
(B) THE AUTHORITY SHALL, NOT LESS THAN ANNUALLY, PUBLISH IN A NEWSPA-
PER OF GENERAL CIRCULATION OR POST IN THE NEW YORK STATE CONTRACT REPOR-
TER AN ADVERTISEMENT REQUESTING PROSPECTIVE BIDDERS TO SUBMIT QUALIFICA-
TION STATEMENTS. LISTS OF PREQUALIFIED BIDDERS MAY BE ESTABLISHED ON A
PROJECT-SPECIFIC BASIS. PREQUALIFIED LISTS SHALL INCLUDE ALL BIDDERS
THAT QUALIFY; PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE NO LESS
THAN FIVE BIDDERS BUT SHALL REMAIN OPEN FOR ALL ADDITIONAL QUALIFIED
BIDDERS. THE AUTHORITY'S PROCEDURES FOR PREQUALIFYING BIDDERS SHALL
INCLUDE AN APPEALS PROCESS FOR THOSE DENIED A PLACE ON A PREQUALIFIED
LIST. ANY DENIAL MUST BE BASED UPON SUBSTANTIAL EVIDENCE, CANNOT BE
ARBITRARY OR CAPACIOUS, AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE
AUTHORITY MAY MOVE FORWARD ON THE CONTRACT AWARD DURING SUCH APPEALS.
§ 2. This act shall take effect immediately.
PART GG
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY RECIPIENT OF LOANS OR GRANTS AWARDED PURSUANT TO THE DOWNTOWN
REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF STATE
AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY RECIPIENT OF LOANS OR GRANTS AWARDED PURSUANT TO THE DOWNTOWN
REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF STATE
AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
§ 3. This act shall take effect immediately.
PART HH
Section 1. Section 1678 of the public authorities law is amended by
adding a new subdivision 30 to read as follows:
30. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT WITH
ANY STATE AUTHORITY, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE TO BE
PLANNED, DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED, IMPROVED,
FURNISHED, OR EQUIPPED FOR SUCH STATE AUTHORITY. ANY SUCH DESIGN AND
CONSTRUCTION MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO THIS SUBDIVI-
SION SHALL PROVIDE FOR THE FOLLOWING; THE SCOPE OF DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED, THE FEES TO BE CHARGED
BY THE DORMITORY AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
DESIGN-BUILD CONTRACT AS DEFINED IN PART F OF CHAPTER FIFTY-SIX OF THE
LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDIVI-
SION EXCEPT IF THE STATE AUTHORITY IS OTHERWISE AUTHORIZED TO UTILIZE A
DESIGN-BUILD CONTRACT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM
"STATE AUTHORITY" SHALL HAVE THE SAME MEANING AS DEFINED PURSUANT TO
SECTION TWO OF THIS CHAPTER.
§ 2. This act shall take effect immediately.
PART II
Section 1. Section 99-ii of the state finance law is amended by adding
a new subdivision 2-a to read as follows:
S. 8008 57 A. 9008
2-A. REVENUES DEPOSITED INTO THIS FUND PURSUANT TO SECTION FIFTEEN OF
THE CANNABIS LAW SHALL FIRST BE USED TO REIMBURSE THE STATE FOR ANY
FUNDS DEPOSITED INTO THIS FUND FROM THE STATE GENERAL FUND AND USED TO
SUPPORT EXPENDITURES AUTHORIZED UNDER PARAGRAPH (C) OF SUBDIVISION THREE
OF THIS SECTION.
§ 2. Subparagraph (c) of subdivision 3 of section 99-ii of the state
finance law, as added by chapter 92 of the laws of 2021, is amended to
read as follows:
(c) Actual and necessary costs incurred by the office of cannabis
management and the cannabis control board, and the urban development
corporation, related to the administration of incubators and other
assistance to qualified social and economic equity applicants including
the administration, capitalization, and provision of low and zero inter-
est loans to such applicants pursuant to section sixteen-ee of the urban
development corporation act[. Such] AND THE FUNDING OF, WHETHER DIRECTLY
OR INDIRECTLY BY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND FORMED FOR
THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
ESTABLISHING ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY
SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO ARTICLE
FOUR OF THE CANNABIS LAW. SUCH FIXED CAPITAL COSTS SHALL INCLUDE, BUT
ARE NOT LIMITED TO, ALL COSTS RELATED TO THE ACQUISITION, LEASING,
PURCHASING, PLANNING, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILI-
TATION, IMPROVEMENT, FURNISHING, OR EQUIPPING OF SUCH ADULT-USE CANNABIS
RETAIL DISPENSARIES, WHETHER SUCH WORK HAS BEEN UNDERTAKEN OR COSTS FOR
SUCH WORK INCURRED BY (I) THE OFFICE OF CANNABIS MANAGEMENT AND THE
CANNABIS CONTROL BOARD, (II) THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK, OR ANY SUBSIDIARY THEREOF, UNDER AGREEMENT WITH THE OFFICE OF
CANNABIS MANAGEMENT AND THE CANNABIS CONTROL BOARD, OR WITH THE PRIVATE
DEBT OR EQUITY FUND FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
CAPITAL COSTS ASSOCIATED WITH ESTABLISHING SUCH ADULT-USE CANNABIS
RETAIL DISPENSARIES, OR (III) THE PRIVATE DEBT OR EQUITY FUND FORMED FOR
THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
ESTABLISHING SUCH ADULT-USE CANNABIS RETAIL DISPENSARIES. PAYMENTS FOR
THE FIXED CAPITAL COSTS TO ESTABLISH SUCH ADULT-USE CANNABIS RETAIL
DISPENSARIES, INCLUDING ANY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND
FORMED FOR THE LIMITED PURPOSE OF FUNDING SUCH FIXED CAPITAL COSTS, AND
ANY REPAYMENTS OF THESE AMOUNTS MAY BE DEPOSITED IN THE NEW YORK STATE
CANNABIS REVENUE FUND OR SUCH OTHER ACCOUNT AS DETERMINED BY THE DIREC-
TOR OF THE DIVISION OF THE BUDGET. ALL ABOVE REFERENCED costs shall be
paid out of revenues received, including, but not limited to, from
special one-time fees paid by registered organizations pursuant to
section sixty-three of the cannabis law.
§ 3. Section 1678 of the public authorities law is amended by adding
two new subdivisions 30 and 31 to read as follows:
30. TO ENTER INTO ONE OR MORE AGREEMENTS WITH THE OFFICE OF CANNABIS
MANAGEMENT, THE CANNABIS CONTROL BOARD, OR ANY PRIVATE DEBT OR EQUITY
FUND, IN WHICH THE STATE OR ANY STATE AGENCY, PUBLIC AUTHORITY, PUBLIC
BENEFIT CORPORATION, OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR
THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
ESTABLISHING ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY
SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO ARTICLE
FOUR OF THE CANNABIS LAW, FOR THE FOLLOWING PURPOSES:
(A) TO ACQUIRE BY PURCHASE, CONDEMNATION, GIFT, DEVISE, LEASE, OR
OTHER AGREEMENT SUCH REAL PROPERTY OR AN INTEREST THEREIN AS MAY BE
NECESSARY OR CONVENIENT FOR THE ACQUISITION, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, OR PROVISION OF ADULT-USE CANNA-
S. 8008 58 A. 9008
BIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY
LICENSEES;
(B) TO PREPARE OR CAUSE TO BE PREPARED PLANS, SPECIFICATIONS, DESIGNS,
AND ESTIMATES OF COSTS FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION,
REHABILITATION, IMPROVEMENT, FURNISHING OR EQUIPPING OF ADULT-USE CANNA-
BIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY
LICENSEES;
(C) TO DESIGN, CONSTRUCT, RECONSTRUCT, REHABILITATE, OR IMPROVE
ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND
ECONOMIC EQUITY LICENSEES AND TO ENTER INTO CONTRACTS TO CAUSE SUCH
FACILITIES TO BE DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED,
IMPROVED, FURNISHED, OR EQUIPPED;
(D) TO ENTER, AS LESSOR OR AS AGENT FOR THE LESSOR, INTO LEASES,
SUBLEASES, OR OTHER AGREEMENTS WITH THE SOCIAL AND ECONOMIC EQUITY
LICENSEES OPERATING THE ADULT-USE CANNABIS RETAIL DISPENSARIES;
(E) TO ENTER, AS LENDER OR AS AGENT FOR THE LENDER, INTO LOAN OR OTHER
AGREEMENTS WITH THE SOCIAL AND ECONOMIC EQUITY LICENSEES OPERATING THE
ADULT-USE CANNABIS RETAIL DISPENSARIES; AND
(F) TO SELL, CONVEY, LEASE, SUBLEASE OR OTHERWISE TRANSFER ANY REAL
PROPERTY OR INTEREST THEREIN HELD BY THE AUTHORITY TO ANY PERSON, FIRM,
ASSOCIATION, CORPORATION, OR AGENCY, INCLUDING A PUBLIC BODY, FOR THE
PURPOSE OF CONSTRUCTING AN ADULT-USE CANNABIS RETAIL DISPENSARY,
PROVIDED THAT, SIMULTANEOUSLY THEREWITH, THE AUTHORITY ENTERS INTO AN
AGREEMENT FOR THE RECONVEYANCE, PURCHASE, LEASE, SUBLEASE, OR OTHER
ACQUISITION OF SUCH DISPENSARY.
31. (A) TO FORM ONE OR MORE SUBSIDIARIES FOR THE PURPOSE OF LIMITING
THE POTENTIAL LIABILITY OF THE AUTHORITY WHEN EXERCISING THE POWERS AND
DUTIES CONFERRED UPON THE AUTHORITY BY SUBDIVISION THIRTY OF THIS
SECTION IN CONNECTION WITH CERTAIN WORK PERFORMED ON BEHALF OF THE
OFFICE OF CANNABIS MANAGEMENT, THE CANNABIS CONTROL BOARD, OR ANY
PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY STATE AGENCY,
PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR DIVISION THEREOF HAS
INVESTED AND IS FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
CAPITAL COSTS ASSOCIATED WITH ESTABLISHING ADULT-USE CANNABIS RETAIL
DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
LICENSED PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW. SUCH SUBSIDIARY
CREATED PURSUANT TO THIS SUBDIVISION MAY EXERCISE AND PERFORM ONE OR
MORE OF THE PURPOSES, POWERS, DUTIES, FUNCTIONS, RIGHTS AND RESPONSIBIL-
ITIES OF THE AUTHORITY OTHER THAN THE ISSUANCE OF INDEBTEDNESS, IN
CONNECTION WITH REAL AND PERSONAL PROPERTY WITH RESPECT TO WHICH THE
AUTHORITY HOLDS TITLE OR A LEASEHOLD INTEREST INCLUDING, BUT NOT LIMITED
TO: (I) BIDDING FOR, TAKING, HOLDING, SELLING, CONVEYING, ASSIGNING OR
TRANSFERRING TITLE TO SUCH PROPERTY; (II) ENTERING INTO LEASES,
SUBLEASES, OR OTHER ARRANGEMENTS WITH REGARD TO SUCH PROPERTY AND ACTING
IN A MANNER CONSISTENT WITH THE RIGHTS, OBLIGATIONS OR RESPONSIBILITIES
OF THE OWNER, LANDLORD OR TENANT OF SUCH PROPERTY PURSUANT TO SUCH LEASE
OR SUBLEASE AGREEMENTS; (III) SERVICING LOAN PAYMENTS; (IV) FURNISHING
PROPERTY MANAGEMENT SERVICES; AND (V) PROVIDING GENERAL OPERATIONAL AND
ADMINISTRATIVE SUPPORT SERVICES.
(B) SUCH SUBSIDIARY AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE ESTABLISHED IN THE FORM OF A PUBLIC BENEFIT CORPORATION BY
EXECUTING AND FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCOR-
PORATION WHICH SHALL IDENTIFY THE AUTHORITY AS THE ENTITY ORGANIZING
SUCH SUBSIDIARY AND SET FORTH THE NAME OF SUCH SUBSIDIARY PUBLIC BENEFIT
CORPORATION, ITS DURATION, THE LOCATION OF ITS PRINCIPAL OFFICE AND ITS
CORPORATE PURPOSES AS PROVIDED IN THIS SUBDIVISION AND WHICH CERTIFICATE
S. 8008 59 A. 9008
MAY BE AMENDED FROM TIME TO TIME BY THE FILING OF AMENDMENTS THERETO
WITH THE SECRETARY OF STATE. SUCH SUBSIDIARY SHALL BE ORGANIZED AS A
PUBLIC BENEFIT CORPORATION, SHALL BE A BODY POLITIC AND CORPORATE, AND
SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
EXEMPTIONS OF THE AUTHORITY. THE MEMBERS OF SUCH SUBSIDIARY SHALL BE THE
SAME AS THE MEMBERS OF THE AUTHORITY AND THE PROVISIONS OF SUBDIVISION
TWO OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE SHALL IN ALL
RESPECTS APPLY TO SUCH MEMBERS WHEN ACTING IN SUCH CAPACITY.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE ANY
LIABILITIES, OBLIGATIONS, OR RESPONSIBILITIES OF SUCH SUBSIDIARY UPON
THE AUTHORITY AND THE AUTHORITY SHALL HAVE NO LIABILITY OR RESPONSIBIL-
ITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES TO ASSUME THE SAME.
(D) SUCH SUBSIDIARY CREATED PURSUANT TO THIS SUBDIVISION SHALL BE
SUBJECT TO ANY OTHER PROVISION OF THIS CHAPTER PERTAINING TO SUBSID-
IARIES OF PUBLIC AUTHORITIES.
§ 4. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding three undesignated paragraphs to
read as follows:
THE OFFICE OF CANNABIS MANAGEMENT.
THE CANNABIS CONTROL BOARD.
ANY PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY STATE AGEN-
CY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, OR DIVISION THEREOF,
HAS INVESTED AND IS FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
CAPITAL COSTS ASSOCIATED WITH ESTABLISHING ADULT-USE CANNABIS RETAIL
DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
LICENSED PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW.
§ 5. Subdivision 1 of section 1680 of the public authorities law is
amended by adding three undesignated paragraphs to read as follows:
THE OFFICE OF CANNABIS MANAGEMENT.
THE CANNABIS CONTROL BOARD.
ANY PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY AGENCY,
AUTHORITY OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR THE LIMITED
PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH ESTABLISHING
ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND
ECONOMIC EQUITY APPLICANTS, DULY LICENSED PURSUANT TO ARTICLE FOUR OF
THE CANNABIS LAW.
§ 6. This act shall take effect immediately.
PART JJ
Section 1. Subdivision 24-e of section 10 of the highway law, as added
by section 1 of part RRR of chapter 59 of the laws of 2019, is amended
to read as follows:
24-e. The commissioner of transportation is hereby authorized to enter
into an agreement with any fiber optic utility for use and occupancy of
the state right of way for the purposes of installing, modifying, relo-
cating, repairing, operating, or maintaining fiber optic facilities.
Such agreement may include a fee for use and occupancy of the right of
way, provided, however, such fee shall not be greater than fair market
value. Any provider using or occupying a right of way in fulfillment of
a state grant award through EITHER the New NY Broadband Program OR ANY
SUCCESSOR OFFICE shall not be subject to a fee for such use or occupan-
cy. SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD RECIPI-
ENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITHSTANDING
CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER CONNECTIV-
S. 8008 60 A. 9008
ITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCUPANCY. Any
fee for use or occupancy charged to a fiber optic utility shall not be
passed through in whole or in part as a fee, charge, increased service
cost, or by any other means by a fiber optic utility to any person or
entity that contracts with such fiber optic utility for service. Any
compensation received by the state pursuant to such agreement shall be
deposited by the comptroller into the special obligation reserve and
payment account of the dedicated highway and bridge trust fund estab-
lished pursuant to section eighty-nine-b of the state finance law. Noth-
ing herein shall impair, inhibit, or otherwise affect the ability of any
municipality to regulate zoning, land use, or any other power or author-
ity granted under the law. For purposes of this subdivision, "munici-
pality" shall include a county, city, village, or town.
§ 2. Section 7 of the transportation corporations law, as added by
section 2 of part RRR of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 7. Agreement for fiber optic utility use and occupancy of state
right of way. The commissioner of transportation is hereby authorized to
enter into an agreement with any fiber optic utility for use and occu-
pancy of the state right of way for the purposes of installing, modify-
ing, relocating, repairing, operating, or maintaining fiber optic facil-
ities. Such agreement may include a fee for use and occupancy of the
right of way, provided, however, such fee shall not be greater than fair
market value. Any provider using or occupying a right of way in fulfill-
ment of a state grant award through EITHER the New NY Broadband Program
OR ANY SUCCESSOR OFFICE shall not be subject to a fee for such use or
occupancy. SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD
RECIPIENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITH-
STANDING CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER
CONNECTIVITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCU-
PANCY. Any fee for use or occupancy charged to a fiber optic utility
shall not be passed through in whole or in part as a fee, charge,
increased service cost, or by any other means by a fiber optic utility
to any person or entity that contracts with such fiber optic utility for
service. Any compensation received by the state pursuant to such agree-
ment shall be deposited by the comptroller into the special obligation
reserve and payment account of the dedicated highway and bridge trust
fund established pursuant to section eighty-nine-b of the state finance
law. Nothing herein shall impair, inhibit, or otherwise affect the abil-
ity of any municipality to regulate zoning, land use, or any other power
or authority granted under the law. For purposes of this section, "muni-
cipality" shall include a county, city, village, or town.
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 24-e of section 10 of the highway law and section 7
of the transportation corporations law made by this act shall not affect
the repeal of such subdivision and section and shall expire and be
deemed repealed therewith.
PART KK
Section 1. Subdivision 2 of section 27-1207 of the environmental
conservation law, as amended by section 7 of part AA of chapter 58 of
the laws of 2018, is amended to read as follows:
2. [The] APPROPRIATIONS FOR THE solid waste mitigation program [shall
receive no more than twenty-five million dollars] from the clean water
infrastructure act of 2017 [and] SHALL be made available to the depart-
S. 8008 61 A. 9008
ment and the department of health, as applicable, for the following
purposes:
a. enumeration and assessment of solid waste sites;
b. investigation and environmental characterization of solid waste
sites, including environmental sampling;
c. mitigation and remediation of solid waste sites;
d. monitoring of solid waste sites; and
e. administration and enforcement of the requirements of section
27-1203 of this title.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 27-1405 of the environmental conservation law is
amended by adding three new subdivisions 32, 33 and 34 to read as
follows:
32. "CONFORMING BOA SITE" SHALL MEAN A SITE LOCATED WITHIN AN AREA
DESIGNATED BY THE SECRETARY OF STATE AS A BROWNFIELD OPPORTUNITY AREA
PURSUANT TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW
AND FOR WHICH THE SECRETARY OF STATE HAS ISSUED AN AFFIRMATIVE CONFORM-
ANCE DETERMINATION PURSUANT TO SUBDIVISION TEN OF SUCH SECTION.
33. "DISADVANTAGED COMMUNITY" SHALL MEAN A COMMUNITY THAT IS IDENTI-
FIED PURSUANT TO SECTION 75-0111 OF THIS CHAPTER.
34. "RENEWABLE ENERGY FACILITY SITE" SHALL MEAN REAL PROPERTY: (A)
THAT IS PRIMARILY USED FOR ANY RENEWABLE ENERGY SYSTEM, AS DEFINED IN
SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; (B) ANY CO-LOCATED SYSTEM
STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO
DELIVERING IT TO THE BULK TRANSMISSION, SUB-TRANSMISSION, OR DISTRIB-
UTION SYSTEM; OR (C) ANY STANDALONE SYSTEM STORING ENERGY INTERCONNECTED
INTO NEW YORK'S BULK TRANSMISSION SYSTEM OR AN INVESTOR OWNED UTILITY'S
(IOU) TRANSMISSION OR DISTRIBUTION SYSTEM PROVIDING DISTRIBUTION
SERVICES, WHOLESALE MARKET ENERGY, ANCILLARY SERVICES, AND/OR CAPACITY
SERVICES, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC PLANTS AS
DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW.
§ 2. The opening paragraph of subdivision 1-a of section 27-1407 of
the environmental conservation law, as added by section 3 of part BB of
chapter 56 of the laws of 2015, is amended to read as follows:
If the person is also seeking a determination that the site is eligi-
ble for the tangible property credit component of the brownfield rede-
velopment tax credit pursuant to paragraph three of subdivision (a) of
section twenty-one of the tax law for a site located in a city having a
population of one million or more, such person shall submit information
sufficient to demonstrate that: (a) at least half of the site area is
located in an environmental zone as defined in section twenty-one of the
tax law; (b) the property is upside down or underutilized; [or] (c) the
project is an affordable housing project; (D) THE PROJECT IS A CONFORM-
ING BOA SITE; OR (E) THE PROJECT IS BEING DEVELOPED AS A RENEWABLE ENER-
GY FACILITY SITE. An applicant may request an eligibility determination
for tangible property credits at any time from application until the
site receives a certificate of completion pursuant to section 27-1419 of
this title except for sites seeking eligibility under the underutilized
category.
§ 3. Section 27-1409 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
13. AFTER ACCEPTANCE BY THE DEPARTMENT, AN EXECUTED BROWNFIELD CLEANUP
AGREEMENT SHALL BE SUBMITTED AND RETURNED TO THE DEPARTMENT WITH PAYMENT
S. 8008 62 A. 9008
OF A NONREFUNDABLE PROGRAM FEE IN THE AMOUNT OF FIFTY THOUSAND DOLLARS,
WHICH SHALL BE DEPOSITED TO THE CREDIT OF THE OVERSIGHT AND ASSISTANCE
ACCOUNT OF THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO SECTION NINE-
TY-SEVEN-B OF THE STATE FINANCE LAW. THE DEPARTMENT MAY REDUCE OR WAIVE
SUCH FEE UPON A DEMONSTRATION OF FINANCIAL HARDSHIP BY THE APPLICANT.
PROGRAM FEES SHALL NOT QUALIFY FOR ANY OF THE TAX CREDITS AVAILABLE FOR
BROWNFIELD SITES UNDER SECTIONS TWENTY-ONE, TWENTY-TWO, AND TWENTY-THREE
OF THE TAX LAW.
§ 4. Paragraph 2 of subdivision (a) of section 21 of the tax law, as
amended by section 1 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
(2) Site preparation credit component. The site preparation credit
component shall be equal to the applicable percentage of the site prepa-
ration costs paid or incurred by the taxpayer with respect to a quali-
fied site. The credit component amount so determined with respect to a
site's qualification for a certificate of completion shall be allowed
for the taxable year in which the effective date of the certificate of
completion occurs. The credit component amount determined other than
with respect to such qualification shall be allowed for the taxable year
in which the improvement to which the applicable costs apply is placed
in service for up to five taxable years after the issuance of such
certificate of completion; PROVIDED, HOWEVER, THAT FOR ANY QUALIFIED
SITE TO WHICH A CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER MARCH
TWENTIETH, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWENTY-FOURTH, TWO
THOUSAND TWENTY-ONE, THE SITE PREPARATION CREDIT COMPONENT FOR SUCH
COSTS SHALL BE ALLOWED FOR UP TO SEVEN TAXABLE YEARS AFTER THE ISSUANCE
OF SUCH CERTIFICATE OF COMPLETION.
§ 5. Paragraph 4 of subdivision (a) of section 21 of the tax law, as
amended by section 1 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
(4) On-site groundwater remediation credit component. The on-site
groundwater remediation credit component shall be equal to the applica-
ble percentage of the on-site groundwater remediation costs paid or
incurred by the taxpayer with respect to a qualified site (to the extent
that such groundwater remediation costs are not included in the determi-
nation of the site preparation credit or the cost or other basis
included in the determination of the tangible property credit). The
credit component so determined for costs incurred and paid with respect
to and prior to the issuance of a certificate of completion shall be
allowed for the taxable year in which the effective date of the issuance
of a certificate of completion occurs. The credit component amount
determined in taxable years after the effective date of the issuance of
a certificate of completion shall be allowed in the taxable year such
qualified costs are incurred and paid for up to five taxable years after
the issuance of such certificate of completion; PROVIDED, HOWEVER, THAT
WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION
HAS BEEN ISSUED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR
BEFORE JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-ONE, THE CREDIT COMPONENT
AMOUNT DETERMINED IN TAXABLE YEARS AFTER THE EFFECTIVE DATE OF THE ISSU-
ANCE OF A CERTIFICATE OF COMPLETION SHALL BE ALLOWED IN THE TAXABLE YEAR
SUCH QUALIFIED COSTS ARE INCURRED AND PAID FOR UP TO SEVEN TAXABLE YEARS
AFTER THE ISSUANCE OF SUCH CERTIFICATE OF COMPLETION.
§ 6. Subparagraph (B) of paragraph 5 of subdivision (a) of section 21
of the tax law, as amended by section 21 of part BB of chapter 56 of the
laws of 2015, is amended to read as follows:
S. 8008 63 A. 9008
(B) With respect to such qualified site for which the department of
environmental conservation has issued a notice to the taxpayer on or
after July first, two thousand fifteen [or the date of publication in
the state register of proposed regulations defining "underutilized" as
provided in subdivision thirty of section 27-1405 of the environmental
conservation law, whichever shall be later], that its request for
participation has been accepted under subdivision six of section 27-1407
of the environmental conservation law, the applicable percentage for the
tangible property credit component of the brownfield redevelopment tax
credit pursuant to paragraph three of [subdivision (a) of] this
[section] SUBDIVISION shall be the sum of ten percent and the following
additional percentages, provided that if the sum is greater than twen-
ty-four percent, the total percentage of the tangible property credit
component shall be twenty-four percent and is otherwise subject to the
limitations set forth in paragraphs three and three-a of [subdivision
(a) of] this [section] SUBDIVISION:
(i) five percent for a site WHICH:
(1) IS LOCATED within an environmental zone; OR
(2) IS IN A DISADVANTAGED COMMUNITY AS THAT TERM IS DEFINED IN SECTION
27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW FOR WHICH THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE THAT ITS REQUEST FOR
PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407
OF THE ENVIRONMENTAL CONSERVATION LAW;
(ii) five percent for a site located within a designated brownfield
opportunity area and THAT is [developed in conformance with the goals
and priorities established for that applicable brownfield opportunity
area] A CONFORMING BOA SITE AS THAT TERM IS DEFINED IN SECTION 27-1405
OF THE ENVIRONMENTAL CONSERVATION LAW;
(iii) five percent for a site developed as affordable housing, as
defined in section 27-1405 of the environmental conservation law;
(iv) five percent for a site to be used primarily for manufacturing
activities as such term is defined in subparagraph (B) of paragraph
three-a of this subdivision; [and]
(v) five percent for sites remediated to Track 1 as that term is
defined in subdivision four of section 27-1415 of the environmental
conservation law; AND
(VI) FOR A QUALIFIED SITE FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-THREE THAT ITS REQUEST FOR PARTICIPATION HAS
BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRON-
MENTAL CONSERVATION LAW, FIVE PERCENT FOR SITES DEVELOPED AS RENEWABLE
ENERGY FACILITY SITES AS DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 7. Paragraph 2 of subdivision (b) of section 21 of the tax law, as
amended by section 23 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
(2) Site preparation costs. The term "site preparation costs" shall
mean all amounts properly chargeable to a capital account, which are
paid or incurred which are necessary to implement a site's investi-
gation, remediation, or qualification for a certificate of completion,
and shall include costs of: excavation; demolition; activities undertak-
en under the oversight of the department of labor or in accordance with
standards established by the department of health to remediate and
dispose of regulated materials including asbestos, lead or polychlori-
nated biphenyls; environmental consulting; engineering; legal costs;
S. 8008 64 A. 9008
transportation, disposal, treatment or containment of contaminated soil;
remediation measures taken to address contaminated soil vapor; cover
systems consistent with applicable regulations; physical support of
excavation; dewatering and other work to facilitate or enable remedi-
ation activities; sheeting, shoring, and other engineering controls
required to prevent off-site migration of contamination from the quali-
fied site or migrating onto the qualified site; and the costs of fenc-
ing, temporary electric wiring, scaffolding, and security facilities
until such time as the certificate of completion has been issued. Site
preparation shall include all costs paid or incurred within sixty months
after the last day of the tax year in which the certificate of
completion is issued that are necessary for compliance with the certif-
icate of completion or subsequent modifications thereof, or the remedial
program defined in such certificate of completion including but not
limited to institutional controls, engineering controls, an approved
site management plan, and an environmental easement with respect to the
qualified site. PROVIDED, HOWEVER, WITH RESPECT TO ANY QUALIFIED SITE
FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED ON OR AFTER JULY
FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWENTY-FOURTH, TWO
THOUSAND TWENTY-ONE, SITE PREPARATION COSTS SHALL INCLUDE ALL SUCH COSTS
PAID OR INCURRED WITHIN EIGHTY-FOUR MONTHS AFTER THE LAST DAY OF THE TAX
YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED. Site preparation
cost shall not include the costs of foundation systems that exceed the
cover system requirements in the regulations applicable to the qualified
site.
§ 8. Paragraph 4 of subdivision (b) of section 21 of the tax law, as
amended by section 23 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
(4) On-site groundwater remediation costs. The term "on-site groundwa-
ter remediation costs" shall mean all amounts properly chargeable to a
capital account, which are paid or incurred which are necessary to
implement a site's groundwater investigation, remediation, or qualifica-
tion for a certificate of completion not already covered under site
preparation costs, and shall include costs of: environmental consulting;
engineering; legal costs; transportation, disposal, treatment or
containment of contaminated groundwater; sheeting, shoring, and other
engineering controls required to prevent off-site migration of groundwa-
ter contamination from the qualified site or migrating onto the quali-
fied site; and the costs of fencing, temporary electric wiring and secu-
rity facilities until such time as the certificate of completion is
issued. On-site groundwater remediation costs shall include all costs
paid or incurred within sixty months after the last day of the tax year
in which the certificate of completion is issued that are necessary for
compliance with the certificate of completion or subsequent modifica-
tions thereof, or the groundwater remedial program defined in such
certificate of completion including but not limited to institutional
controls, engineering controls, an approved site management plan specif-
ic to on-site groundwater remediation, and an environmental easement
with respect to the qualified site. PROVIDED, HOWEVER, WITH RESPECT TO
ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED
ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWEN-
TY-FOURTH, TWO THOUSAND TWENTY-ONE, ON-SITE GROUNDWATER REMEDIATION
COSTS SHALL INCLUDE ALL SUCH COSTS PAID OR INCURRED WITHIN EIGHTY-FOUR
MONTHS AFTER THE LAST DAY OF THE TAX YEAR IN WHICH THE CERTIFICATE OF
COMPLETION IS ISSUED.
S. 8008 65 A. 9008
§ 9. Section 31 of part H of chapter 1 of the laws of 2003, amending
the tax law relating to brownfield redevelopment tax credits, remediated
brownfield credit for real property taxes for qualified sites and envi-
ronmental remediation insurance credits, as amended by section 32 of
part BB of chapter 56 of the laws of 2015, is amended to read as
follows:
§ 31. The tax credits allowed under section 22 or 23 of the tax law
and the corresponding provisions in articles 9, 9-A, 22 and 33 of the
tax law, as added by the provisions of sections one through twenty-nine
of this act, shall not be applicable to any site accepted into the
brownfield cleanup program on and after July 1, 2015 [or the date of
publication in the state register of proposed regulations defining
"underutilized" as provided in subdivision 30 of section 27-1405 of the
environmental conservation law, whichever shall be later]. The tax cred-
its allowed under section 21 of the tax law and the corresponding
provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
provisions of sections one through twenty-nine of this act, shall not be
applicable to any site accepted into the brownfield cleanup program
after December 31, [2022] 2032, provided, however that any sites
accepted on or before December 31, [2022] 2032 must have received the
certificate of completion required to qualify for any of such credits on
or before [March] DECEMBER 31, [2026] 2036.
§ 10. This act shall take effect immediately.
PART MM
Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation law, as amended by
section 1 of part E of chapter 58 of the laws of 2019, are amended to
read as follows:
1. Until December thirty-first, two thousand [twenty-two]
TWENTY-SEVEN, accept from a customer, waste tires of approximately the
same size and in a quantity equal to the number of new tires purchased
or installed by the customer; and
Until December thirty-first, two thousand [twenty-two] TWENTY-SEVEN,
post written notice in a prominent location, which must be at least
eight and one-half inches by fourteen inches in size and contain the
following language:
§ 2. Subdivisions 1, 2, 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law, as amended by
section 2 of part E of chapter 58 of the laws of 2019, are amended to
read as follows:
1. Until December thirty-first, two thousand [twenty-two]
TWENTY-SEVEN, a waste tire management and recycling fee of two dollars
and fifty cents shall be charged on each new tire sold. The fee shall be
paid by the purchaser to the tire service at the time the new tire or
new motor vehicle is purchased.
The waste tire management and recycling fee does not apply to:
(a) recapped or resold tires;
(b) mail-order sales; or
(c) the sale of new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this state is
subject to such fee.
2. Until December thirty-first, two thousand [twenty-two]
TWENTY-SEVEN, the tire service shall collect the waste tire management
and recycling fee from the purchaser at the time of the sale and shall
S. 8008 66 A. 9008
remit such fee to the department of taxation and finance with the quar-
terly report filed pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
3. [Until March thirty-first, two thousand twenty-three, each] EACH
tire service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a quarterly basis,
with the return for December, January, and February being due on or
before the immediately following March thirty-first; the return for
March, April, and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the immediately
following December thirty-first.
(a) Each return shall include:
(i) the name of the tire service;
(ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is a different
address) from which the tire service engages in the business of making
retail sales of tires;
(iii) the name and signature of the person preparing the return;
(iv) the total number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
(v) the amount of waste tire management and recycling fees due; and
(vi) such other reasonable information as the department of taxation
and finance may require.
(b) Copies of each report shall be retained by the tire service for
three years.
If a tire service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business.
(a) Until December thirty-first, two thousand [twenty-two] TWENTY-SEV-
EN, any additional waste tire management and recycling costs of the tire
service in excess of the amount authorized to be retained pursuant to
paragraph (b) of subdivision two of this section may be included in the
published selling price of the new tire, or charged as a separate per-
tire charge on each new tire sold. When such costs are charged as a
separate per-tire charge: (i) such charge shall be stated as an invoice
item separate and distinct from the selling price of the tire; (ii) the
invoice shall state that the charge is imposed at the sole discretion of
the tire service; and (iii) the amount of such charge shall reflect the
actual cost to the tire service for the management and recycling of
waste tires accepted by the tire service pursuant to section 27-1905 of
this title, provided however, that in no event shall such charge exceed
two dollars and fifty cents on each new tire sold.
§ 3. Subdivision 3 of section 27-1913 of the environmental conserva-
tion law, as amended by section two of this act, is amended to read as
follows:
3. Each tire service maintaining a place of business in this state
shall make a return to the department of taxation and finance [on a
quarterly basis, with the return for December, January, and February
being due on or before the immediately following March thirty-first; the
return for March, April, and May being due on or before the immediately
S. 8008 67 A. 9008
following June thirtieth; the return for June, July, and August being
due on or before the immediately following September thirtieth; and the
return for September, October, and November being due on or before the
immediately following December thirty-first.
(a) Each return shall include:
(i) the name of the tire service;
(ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is a different
address) from which the tire service engages in the business of making
retail sales of tires;
(iii) the name and signature of the person preparing the return;
(iv) the total number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
(v) the amount of waste tire management and recycling fees due; and
(vi) such other reasonable information as the department of taxation
and finance may require.
(b) Copies of each report shall be retained by the tire service for
three years.
If a tire service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business] ON
SUCH FORM AND INCLUDING SUCH INFORMATION AS THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE. SUCH RETURNS SHALL BE DUE AT THE SAME TIME AND
FOR THE SAME PERIODS AS THE SALES TAX RETURN OF SUCH TIRE SERVICE, IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED THIRTY-SIX OF THE TAX LAW, AND
PAYMENT OF ALL FEES DUE FOR SUCH PERIODS SHALL BE REMITTED WITH SUCH
RETURNS.
§ 4. Subdivision 5 of section 27-1913 of the environmental conserva-
tion law, as added by section 2 of part E of chapter 686 of the laws of
2003, is amended to read as follows:
5. (A) The provisions of article [twenty-seven] TWENTY-EIGHT of the
tax law, INCLUDING THE PROVISIONS RELATING TO DEFINITIONS, EXEMPTIONS,
RETURNS, PERSONAL LIABILITY FOR THE TAX, COLLECTION OF TAX FROM THE
CUSTOMER, PAYMENT OF TAX AND THE ADMINISTRATION OF THE TAX IMPOSED,
shall apply to the provisions of this section in the same manner and
with the same force and effect as if the language of such article had
been incorporated in full into this section and had expressly referred
to the fee under this section, except to the extent that any provision
of such article is either inconsistent with a provision of this section
or is not relevant to this section. FOR PURPOSES OF THIS SECTION, ANY
REFERENCE TO A TAX OR THE TAXES IMPOSED BY ARTICLE TWENTY-EIGHT OF THE
TAX LAW SHALL BE DEEMED ALSO TO REFER TO THE WASTE TIRE MANAGEMENT AND
RECYCLING FEE IMPOSED UNDER THE AUTHORITY OF THIS SECTION UNLESS A
DIFFERENT MEANING IS CLEARLY REQUIRED.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE EXEMPTIONS PROVIDED IN SECTION ELEVEN HUNDRED SIXTEEN OF THE
TAX LAW SHALL NOT APPLY TO THIS SECTION EXCEPT WITH RESPECT TO THE ENTI-
TIES DESCRIBED IN PARAGRAPHS ONE, TWO, THREE AND SIX OF SUBDIVISION (A)
OF SUCH SECTION.
§ 5. This act shall take effect immediately; provided that sections
three and four of this act shall take effect on March 1, 2023; provided,
further, that the return for the quarterly period ending on the last day
of February, 2023 shall be due on March 31, 2023, and any fees required
to be collected and paid for such period must be remitted with such
return.
S. 8008 68 A. 9008
PART NN
Section 1. Sections 1, 2, and 3 of section 1 and section 2 of part TT
of chapter 59 of the laws of 2021 authorizing the creation of state debt
in the amount of three billion dollars, in relation to creating the
environmental bond act of 2022 "restore mother nature" for the purposes
of environmental improvements that preserve, enhance, and restore New
York's natural resources and reduce the impact of climate change; and
providing for the submission to the people of a proposition or question
therefor to be voted upon at the general election to be held in Novem-
ber, 2022, are amended to read as follows:
§ 1. Short title. This act shall be known and may be cited as the
"CLEAN WATER, CLEAN AIR, AND GREEN JOBS environmental bond act of 2022
[restore mother nature]".
§ 2. Creation of state debt. The creation of state debt in an amount
not exceeding in the aggregate [three] FOUR billion dollars
[($3,000,000,000)] ($4,000,000,000) is hereby authorized to provide
moneys for the single purpose of making environmental improvements that
preserve, enhance, and restore New York's natural resources and reduce
the impact of climate change by funding capital projects for: restora-
tion and flood risk reduction not less than one billion TWO HUNDRED
MILLION dollars [($1,000,000,000)] ($1,200,000,000); open space land
conservation and recreation up to [five] SIX hundred fifty million
dollars [($550,000,000)] ($650,000,000); climate change mitigation up to
[seven hundred] ONE BILLION ONE HUNDRED million dollars [($700,000,000)]
($1,100,000,000); and, water quality improvement and resilient infras-
tructure not less than [five] SIX hundred fifty million dollars
[($550,000,000)] ($650,000,000).
§ 3. Bonds of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to the aggregate
amount of [three] FOUR billion dollars [($3,000,000,000)]
($4,000,000,000) for the purposes of this act, subject to the provisions
of article 5 of the state finance law. The aggregate principal amount of
such bonds shall not exceed [three] FOUR billion dollars
[($3,000,000,000)] ($4,000,000,000) excluding bonds issued to refund or
otherwise repay bonds heretofore issued for such purpose; provided,
however, that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than [three] FOUR
billion dollars [($3,000,000,000)] ($4,000,000,000) only if the present
value of the aggregate debt service of the refunding or repayment bonds
to be issued shall not exceed the present value of the aggregate debt
service of the bonds to be refunded or repaid. The method for calculat-
ing present value shall be determined by law.
§ 2. This act shall take effect immediately, provided that the
provisions of section one of this act shall not take effect unless and
until this act shall have been submitted to the people at the general
election to be held in November 2022 and shall have been approved by a
majority of all votes cast for and against it at such general election.
Upon approval by the people, section one of this act shall take effect
immediately. The ballots to be furnished for the use of voters upon
submission of this act shall be in the form prescribed by the election
law and the proposition or question to be submitted shall be printed
thereon in the following form, namely "To address and combat the impact
of climate change and damage to the environment, the "CLEAN WATER, CLEAN
AIR, AND GREEN JOBS Environmental Bond Act of 2022 ["Restore Mother
Nature]" authorizes the sale of state bonds up to [three] FOUR billion
S. 8008 69 A. 9008
dollars to fund environmental protection, natural restoration, resilien-
cy, and clean energy projects. Shall the Environmental Bond Act of 2022
be approved?".
§ 2. This act shall take effect immediately.
PART OO
Section 1. The article heading of article 58 of the environmental
conservation law, as added by section 1 of part UU of chapter 59 of the
laws of 2021, is amended to read as follows:
IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2022 "[RESTORE MOTHER
NATURE] CLEAN WATER, CLEAN AIR, AND GREEN JOBS"
§ 2. Subdivision 1 of section 58-0101 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
1. "Bonds" shall mean general obligation bonds issued pursuant to the
environmental bond act of 2022 "[restore mother nature] CLEAN WATER,
CLEAN AIR, AND GREEN JOBS" in accordance with article VII of the New
York state constitution and article five of the state finance law.
§ 3. Section 58-0103 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0103. Allocation of moneys.
The moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 shall be disbursed in the following
amounts pursuant to appropriations as specifically provided for in
titles three, five, seven, and nine of this article:
1. Not less than one billion TWO HUNDRED MILLION dollars
[($1,000,000,000)] ($1,200,000,000) for restoration and flood risk
reduction as set forth in title three of this article.
2. Up to [five] SIX hundred fifty million dollars [($550,000,000)]
($650,000,000) for open space land conservation and recreation as set
forth in title five of this article.
3. Up to [seven] ONE BILLION ONE hundred million dollars
[($700,000,000)] ($1,100,000,000) for climate change mitigation as set
forth in title seven of this article.
4. Not less than [five] SIX hundred fifty million dollars
[($550,000,000)] ($650,000,000) for water quality improvement and resil-
ient infrastructure as set forth in title nine of this article.
§ 4. Subdivision 1 of section 58-0105 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
1. Administer funds generated pursuant to the environmental bond act
of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN
JOBS".
§ 5. Section 58-0301 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0301. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022, not less than one billion TWO
HUNDRED MILLION dollars [($1,000,000,000)] ($1,200,000,000) shall be
available for disbursements for restoration and flood risk reduction
projects developed pursuant to section 58-0303 of this title. Not more
than two hundred fifty million dollars ($250,000,000) of this amount
S. 8008 70 A. 9008
shall be available for projects pursuant to subdivision two of section
58-0303 of this title and not less than one hundred million dollars
($100,000,000) each shall be available for coastal rehabilitation and
shoreline restoration projects and projects which address inland flood-
ing, pursuant to paragraph a of subdivision one of section 58-0303 of
this title.
§ 6. Section 58-0501 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0501. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 to be used for open space land
conservation and recreation projects, up to [five] SIX hundred fifty
million dollars [($550,000,000)] ($650,000,000) shall be available for
programs, plans, and projects developed pursuant to section 58-0503 of
this title, however, not more than seventy-five million dollars
($75,000,000) shall be made available for the creation of a fish hatch-
ery, or the improvement, expansion, repair or maintenance of existing
fish hatcheries, not less than two hundred million dollars
($200,000,000) shall be made available for open space land conservation
projects pursuant to paragraph a of subdivision one of section 58-0503
of this title and not less than one hundred million dollars
($100,000,000) shall be made available for farmland protection pursuant
to paragraph b of subdivision one of section 58-0503 of this title.
§ 7. Section 58-0701 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0701. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022, up to [seven] ONE BILLION ONE
hundred million dollars [($700,000,000)] ($1,100,000,000) shall be made
available for disbursements for climate change mitigation projects
developed pursuant to section 58-0703 of this title. Not less than three
hundred fifty million dollars ($350,000,000) of this amount shall be
available for green buildings projects.
§ 8. Section 58-0901 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0901. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 for disbursements for state assist-
ance for water quality improvement projects as defined by title one of
this article, not less than [five] SIX hundred fifty million dollars
[($550,000,000)] ($650,000,000) shall be available for water quality
improvement projects developed pursuant to section 58-0903 of this
title. Not less than two hundred million dollars ($200,000,000) of this
amount shall be available for wastewater infrastructure projects under-
taken pursuant to the New York state water infrastructure improvement
act of 2017 pursuant to paragraph e of subdivision one of section
58-0903 of this title, and not less than one hundred million dollars
($100,000,000) shall be available for municipal stormwater projects
pursuant to paragraph a of subdivision one of section 58-0903 of this
title.
§ 9. Subdivision 1 of section 58-1103 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
S. 8008 71 A. 9008
1. No later than sixty days following the end of each fiscal year,
each department, agency, public benefit corporation, and public authori-
ty receiving an allocation or allocations of appropriation financed from
the [restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS envi-
ronmental bond act of 2022 shall submit to the commissioner in a manner
and form prescribed by the department, the following information as of
March thirty-first of such fiscal year, within each category listed in
this title: the total appropriation; total commitments; year-to-date
disbursements; remaining uncommitted balances; and a description of each
project.
§ 10. Section 97-tttt of the state finance law, as added by section 2
of part UU of chapter 59 of the laws of 2021, is amended to read as
follows:
§ 97-tttt. [Restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN
JOBS bond fund. 1. There is hereby established in the joint custody of
the state comptroller and the commissioner of taxation and finance a
special fund to be known as the "[restore mother nature] CLEAN WATER,
CLEAN AIR, AND GREEN JOBS bond fund".
2. The state comptroller shall deposit into the [restore mother
nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS bond fund all moneys
received by the state from the sale of bonds and/or notes for uses
eligible pursuant to section four of the environmental bond act of 2022
"[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS".
3. Moneys in the [restore mother nature] CLEAN WATER, CLEAN AIR, AND
GREEN JOBS bond fund, following appropriation by the legislature and
allocation by the director of the budget, shall be available only for
reimbursement of expenditures made from appropriations from the capital
projects fund for the purpose of the [restore mother nature] CLEAN
WATER, CLEAN AIR, AND GREEN JOBS bond fund, as set forth in the environ-
mental bond act of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR,
AND GREEN JOBS".
4. No moneys received by the state from the sale of bonds and/or notes
sold pursuant to the environmental bond act of 2022 "[restore mother
nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS" shall be expended for
any project until funds therefor have been allocated pursuant to the
provisions of this section and copies of the appropriate certificates of
approval filed with the chair of the senate finance committee, the chair
of the assembly ways and means committee and the state comptroller.
§ 11. Subdivision 32 of section 61 of the state finance law, as added
by section 3 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
32. Thirty years. For the payment of "[restore mother nature] CLEAN
WATER, CLEAN AIR, AND GREEN JOBS" projects, as defined in article
fifty-eight of the environmental conservation law and undertaken pursu-
ant to a chapter of the laws of two thousand twenty-one, enacting and
constituting the environmental bond act of 2022 "[restore mother nature]
CLEAN WATER, CLEAN AIR, AND GREEN JOBS". Thirty years for flood control
infrastructure, other environmental infrastructure, wetland and other
habitat restoration, water quality projects, acquisition of land,
including acquisition of real property, and renewable energy projects.
Notwithstanding the foregoing, for the purposes of calculating annual
debt service, the state comptroller shall apply a weighted average peri-
od of probable life of [restore mother nature] CLEAN WATER, CLEAN AIR,
AND GREEN JOBS projects, including any other works or purposes to be
financed with state debt. Weighted average period of probable life shall
be determined by computing the sum of the products derived from multi-
S. 8008 72 A. 9008
plying the dollar value of the portion of the debt contracted for each
work or purpose (or class of works or purposes) by the probable life of
such work or purpose (or class of works or purposes) and dividing the
resulting sum by the dollar value of the entire debt after taking into
consideration any original issue premium or discount.
§ 12. Section 5 of part UU of chapter 59 of the laws of 2021 amending
the environmental conservation law and the state finance law relating to
the implementation of the environmental bond act of 2022 "restore mother
nature", is amended to read as follows:
§ 5. This act shall take effect only in the event that section 1 of
part TT of the chapter of the laws of 2021 enacting the environmental
bond act of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND
GREEN JOBS" is submitted to the people at the general election to be
held in November 2022 and is approved by a majority of all votes cast
for and against it at such election. Upon such approval, this act shall
take effect immediately; provided that the commissioner of environmental
conservation shall notify the legislative bill drafting commission upon
the occurrence of the enactment of section 1 of part TT of the chapter
of the laws of 2021 enacting the environmental bond act of 2022
"[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS", 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 legisla-
tive law and section 70-b of the public officers law. Effective imme-
diately, the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the implementation of the foregoing sections of
this act are authorized [and directed] to be made and completed on or
before such effective date.
§ 13. This act shall take effect immediately; provided, however that
sections one, two, three, four, five, six, seven, eight, nine, ten and
eleven of this act shall take effect on the same date and in the same
manner as part UU of chapter 59 of the laws of 2021, takes effect.
PART PP
Section 1. Subdivision (a) of section 1421 of the tax law, as amended
by section 4 of part OOO of chapter 59 of the laws of 2019, is amended
to read as follows:
(a) From the taxes, interest and penalties attributable to the tax
imposed pursuant to section fourteen hundred two of this article, the
amount of one hundred ninety-nine million three hundred thousand dollars
shall be deposited by the comptroller in the environmental protection
fund established pursuant to section ninety-two-s of the state finance
law for the fiscal year beginning April first, two thousand nine; the
amount of one hundred nineteen million one hundred thousand dollars
shall be deposited in such fund for the fiscal year beginning April
first, two thousand ten; THE AMOUNT OF TWO HUNDRED FIFTY-SEVEN MILLION
THREE HUNDRED FIFTY THOUSAND DOLLARS SHALL BE DEPOSITED INTO SUCH FUND
FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-TWO; and
for each fiscal year thereafter. On or before June twelfth, nineteen
hundred ninety-five and on or before the twelfth day of each month ther-
eafter (excepting the first and second months of each fiscal year), the
comptroller shall deposit into such fund from the taxes, interest and
penalties collected pursuant to such section fourteen hundred two of
this article which have been deposited and remain to the comptroller's
credit in the banks, banking houses or trust companies referred to in
S. 8008 73 A. 9008
section one hundred seventy-one-a of this chapter at the close of busi-
ness on the last day of the preceding month, an amount equal to one-
tenth of the annual amount required to be deposited in such fund pursu-
ant to this section for the fiscal year in which such deposit is
required to be made. In the event such amount of taxes, interest and
penalties so remaining to the comptroller's credit is less than the
amount required to be deposited in such fund by the comptroller, an
amount equal to the shortfall shall be deposited in such fund by the
comptroller with subsequent deposits, as soon as the revenue is avail-
able. Beginning April first, nineteen hundred ninety-seven, the comp-
troller shall transfer monthly to the clean water/clean air fund estab-
lished pursuant to section ninety-seven-bbb of the state finance law,
all moneys remaining from such taxes, interest and penalties collected
that are not required for deposit in the environmental protection fund.
§ 2. This act shall take effect immediately.
PART QQ
Section 1. Subdivisions 2, 3 and 7 of section 24-0105 of the environ-
mental conservation law, as added by chapter 614 of the laws of 1975,
subdivision 7 as renumbered by chapter 654 of the laws of 1977, are
amended to read as follows:
2. Considerable acreage of freshwater wetlands in the state of New
York has been lost, despoiled or impaired by unregulated draining,
dredging, filling, excavating, building, pollution or other [acts]
ACTIVITIES inconsistent with the natural uses of such areas. [Other
freshwater] FRESHWATER wetlands are in jeopardy of being lost, despoiled
or impaired by such [unrelated acts] ACTIVITIES.
3. Recurrent flooding aggravated or caused by the loss of freshwater
wetlands has serious effects upon natural ecosystems AND COMMUNITIES.
THE INCREASING SEVERITY AND DURATION OF STORM-RELATED FLOODING DUE TO
CLIMATE CHANGE, WHICH HAS CAUSED BILLIONS OF DOLLARS OF PROPERTY DAMAGE
ACROSS THE STATE, MAKES PROTECTION OF ALL FRESHWATER WETLANDS IN THE
STATE OF VITAL IMPORTANCE.
7. Any loss of freshwater wetlands deprives the people of the state of
some or all of the many and multiple benefits to be derived from
wetlands, to wit:
(a) flood and storm control by the hydrologic absorption and storage
capacity of freshwater wetlands;
(b) wildlife habitat by providing breeding, nesting and feeding
grounds and cover for many forms of wildlife, wildfowl and shorebirds,
including migratory wildfowl and rare, ENDANGERED OR THREATENED species
[such as the bald eagle and osprey];
(c) protection of subsurface water resources and provision for valu-
able watersheds and recharging ground water supplies;
(d) recreation by providing areas for hunting, fishing, boating,
hiking, bird watching, photography, camping and other uses;
(e) pollution treatment by serving as biological and chemical oxida-
tion basins;
(f) erosion control by serving as sedimentation areas and filtering
basins, absorbing silt and organic matter and protecting channels and
harbors;
(g) education and scientific research by providing readily accessible
outdoor bio-physical laboratories, living classrooms and vast training
and education resources; [and]
S. 8008 74 A. 9008
(h) open space and aesthetic appreciation by providing often the only
remaining open areas along crowded river fronts and coastal Great Lakes
regions; [and]
(i) sources of nutrients in freshwater food cycles and nursery grounds
and sanctuaries for freshwater fish[.];
(J) SUPPORTING A DIVERSITY OF PLANT SPECIES THAT ARE RARE, ENDANGERED
OR THREATENED, OR EXPLOITABLY VULNERABLE AS DEFINED IN SECTION 9-1503 OF
THIS CHAPTER; AND
(K) SUPPORTING A DIVERSITY OF COMMUNITIES OF PLANTS AND ANIMALS THAT
ARE DEEMED BY THE COMMISSIONER TO BE RARE IN THE STATE OR IN A REGION OF
THE STATE.
§ 2. The opening paragraph and paragraphs (c) and (d) of subdivision
1, and subdivisions 2, 3 and 8 of section 24-0107 of the environmental
conservation law, as amended by chapter 654 of the laws of 1977, are
amended and two new subdivisions 9 and 10 are added to read as follows:
"Freshwater wetlands" means lands and waters of the state [as shown on
the freshwater wetlands map] THAT HAVE AN AREA OF AT LEAST TWELVE AND
FOUR-TENTHS ACRES OR, IF LESS THAN TWELVE AND FOUR-TENTHS ACRES IN SIZE,
ARE OF UNUSUAL IMPORTANCE, AND which contain any or all of the follow-
ing:
(c) lands and waters substantially enclosed by aquatic or semi-aquatic
vegetation as set forth in paragraph (a) OF THIS SUBDIVISION or by dead
vegetation as set forth in paragraph (b) OF THIS SUBDIVISION, the regu-
lation of which is necessary to protect and preserve the aquatic and
semi-aquatic vegetation; and
(d) the waters overlying the areas set forth in PARAGRAPHS (a) and (b)
OF THIS SUBDIVISION and the lands underlying PARAGRAPH (c) OF THIS
SUBDIVISION.
2. "Freshwater wetlands map" shall mean a map promulgated by the
department pursuant to section 24-0301 of this article on which are
indicated the boundaries of any freshwater wetlands. FRESHWATER WETLAND
MAPS DEPICT THE APPROXIMATE LOCATION OF WETLANDS AND ARE NOT NECESSARILY
DETERMINATIVE AS TO WHETHER A PERMIT IS REQUIRED PURSUANT TO SECTION
24-0701 OF THIS ARTICLE. THERE IS A REBUTTABLE PRESUMPTION THAT MAPPED
AND UNMAPPED AREAS MEETING THE DEFINITION OF A FRESHWATER WETLAND IN
THIS SECTION ARE REGULATED AND SUBJECT TO PERMIT REQUIREMENTS. THIS
PRESUMPTION MAY BE REBUTTED BY PRESENTING INFORMATION TO THE DEPARTMENT
THAT THE AREA DOES NOT MEET THE DEFINITION CONTAINED IN THIS SECTION. A
WETLAND DELINEATION BY THE DEPARTMENT, OR A VERIFICATION BY THE DEPART-
MENT OF A WETLAND DELINEATION BY ANOTHER PARTY, IS REQUIRED TO IDENTIFY
THE REGULATED FRESHWATER WETLAND BOUNDARY IN A PARTICULAR LOCATION.
3. "Boundaries of a freshwater wetland" shall mean the outer limit of
the vegetation specified in paragraphs (a) and (b) of subdivision one of
THIS section [24-0107] and of the lands and waters specified in para-
graph (c) of such subdivision.
8. "Pollution" shall mean the presence in the environment of [man-in-
duced] HUMAN-INDUCED conditions, or contaminants in quantities or char-
acteristics which are or may be injurious to human, plant or wildlife,
or other animal life or to property.
9. "UNUSUAL IMPORTANCE" SHALL MEAN A FRESHWATER WETLAND, REGARDLESS OF
SIZE, THAT POSSESSES ONE OR MORE OF THE FOLLOWING CHARACTERISTICS AS
DETERMINED BY THE DEPARTMENT:
(A) IT IS LOCATED IN A WATERSHED THAT HAS EXPERIENCED SIGNIFICANT
FLOODING IN THE PAST, OR IS EXPECTED TO EXPERIENCE SIGNIFICANT FLOODING
IN THE FUTURE FROM SEVERE STORM EVENTS RELATED TO CLIMATE CHANGE;
S. 8008 75 A. 9008
(B) IT IS LOCATED WITHIN AN URBANIZED AREA, AS DEFINED BY THE UNITED
STATES CENSUS BUREAU;
(C) IT CONTAINS A PLANT SPECIES OCCURRING IN FEWER THAN THIRTY-FIVE
SITES STATEWIDE OR HAVING FEWER THAN FIVE THOUSAND INDIVIDUALS STATE-
WIDE;
(D) IT CONTAINS HABITAT FOR AN ESSENTIAL BEHAVIOR OF AN ENDANGERED OR
THREATENED SPECIES OR A SPECIES OF SPECIAL CONCERN AS DEFINED UNDER
SECTION 11-0535 OF THIS CHAPTER OR LISTED AS A SPECIES OF GREATEST
CONSERVATION NEED IN NEW YORK'S WILDLIFE ACTION PLAN;
(E) IT IS CLASSIFIED BY THE DEPARTMENT AS A CLASS I WETLAND;
(F) IT WAS PREVIOUSLY CLASSIFIED AND MAPPED BY THE DEPARTMENT AS A
WETLAND OF UNUSUAL LOCAL IMPORTANCE; OR
(G) IT IS DETERMINED BY THE COMMISSIONER TO BE OF SIGNIFICANT IMPOR-
TANCE TO PROTECTING THE STATE'S WATER QUALITY.
10. "DELINEATION" SHALL MEAN A PRECISE REPRESENTATION OF A REGULATED
FRESHWATER WETLAND AS DEFINED IN SUBDIVISIONS ONE AND THREE OF THIS
SECTION.
§ 3. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the environ-
mental conservation law are REPEALED.
§ 4. Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
conservation law, subdivision 6 as amended by chapter 16 of the laws of
2010 and subdivision 7 as amended and subdivision 8 as added by chapter
654 of the laws of 1977, are amended to read as follows:
[6.] 1. Except as provided in subdivision [eight] THREE of this
section, the commissioner shall supervise the maintenance of [such boun-
dary] FRESHWATER WETLANDS maps, which shall be available to the public
[for inspection and examination at the regional office of the department
in which the wetlands are wholly or partly located and in the office of
the clerk of each county in which each such wetland or a portion thereof
is located] ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
the map [thereafter to clarify the boundaries of the wetlands, to
correct any errors on the map, to effect any additions, deletions or
technical changes on the map, and to reflect changes as have occurred as
a result of the granting of permits pursuant to section 24-0703 of this
article, or natural changes which may have occurred through erosion,
accretion, or otherwise. Notice of such readjustment shall be given in
the same manner as set forth in subdivision five of this section for the
promulgation of final freshwater wetlands maps. In addition, at the time
notice is provided pursuant to subdivision five of this section, the
commissioner shall update any digital image of the map posted on the
department's website to reflect such readjustment] AT ANY TIME TO MORE
ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
[7.] 2. Except as provided in subdivision [eight] THREE of this
section, the commissioner may, upon [his] THEIR own initiative, and
shall, upon a written request by a landowner whose land or a portion
thereof may be included within a wetland, or upon the written request of
another person or persons or an official body whose interests are shown
to be affected, cause to be delineated [more precisely] the boundary
line or lines of a freshwater wetland or a portion thereof. [Such more
precise delineation of a freshwater wetland boundary line or lines shall
be of appropriate scale and sufficient clarity to permit the ready iden-
tification of individual buildings and of other major man-made struc-
tures or facilities or significant geographical features with respect to
the boundary of any freshwater wetland.] The commissioner shall under-
take to delineate the boundary of a particular wetland or wetlands, or a
particular part of the boundary thereof only upon a showing by the
S. 8008 76 A. 9008
applicant therefor of good cause for such [more precise] delineation and
the establishment of such [more precise] line.
[8.] 3. The supervision of the maintenance of any freshwater wetlands
map or portion thereof applicable to wetlands within the Adirondack
park, the readjustment and precise delineation of wetland boundary lines
and the other functions and duties ascribed to the commissioner by
subdivisions [six and seven] ONE AND TWO of this section shall be
performed by the Adirondack park agency, which shall make such maps
available [for public inspection and examination at its headquarters] ON
THE AGENCY'S WEBSITE.
§ 5. Subdivisions 1 and 4 of section 24-0701 of the environmental
conservation law, subdivision 1 as amended by chapter 654 of the laws of
1977 and subdivision 4 as amended by chapter 697 of the laws of 1979,
are amended to read as follows:
1. [After issuance of the official freshwater wetlands map of the
state, or of any selected section or region thereof, any] ANY person
desiring to conduct ACTIVITIES on freshwater wetlands [as so designated
thereon any of the regulated activities set forth in subdivision two of
this section], OR THE REGULATED AREAS ADJACENT TO THESE WETLANDS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, must obtain a permit as
provided in this title.
4. [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
ers and other landowners in grazing and watering livestock, making
reasonable use of water resources, harvesting natural products of the
wetlands, selectively cutting timber, draining land or wetlands for
growing agricultural products and otherwise engaging in the use of
wetlands or other land for growing agricultural products shall be
excluded from regulated activities and shall not require a permit under
subdivision one [hereof] OF THIS SECTION, except that structures not
required for enhancement or maintenance of the agricultural productivity
of the land and any filling activities shall not be excluded hereunder,
and provided that the use of land [designated as a freshwater wetland
upon the freshwater wetlands map at the effective date thereof] THAT
MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF THIS
ARTICLE for uses other than those referred to in this subdivision shall
be subject to the provisions of this article. ALL ACTIVITIES ON LANDS
THAT MEET THE DEFINITION OF A FRESHWATER WETLAND SHALL BE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE ONCE AGRICULTURAL ACTIVITIES CEASE.
§ 6. Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by section 38 of part D of chapter 60 of the laws
of 2012, is amended to read as follows:
5. [Prior to the promulgation of the final freshwater wetlands map in
a particular area and the implementation of a freshwater wetlands
protection law or ordinance, no person shall conduct, or cause to be
conducted, any activity for which a permit is required under section
24-0701 of this title on any freshwater wetland unless he has obtained a
permit from the commissioner under this section.] Any person may inquire
of the department as to whether or not a given parcel of land [will be
designated] INCLUDES a freshwater wetland subject to regulation OR A
REGULATED FRESHWATER WETLAND ADJACENT AREA. The department shall give a
definite answer in writing within [thirty] SIXTY days of such request as
to [whether] THE STATUS OF such parcel [will or will not be so desig-
nated]. Provided that, in the event that weather or ground conditions
prevent the department from making a determination within [thirty] SIXTY
days, it may extend such period until a determination can be made. Such
answer in the affirmative shall be reviewable; such an answer in the
S. 8008 77 A. 9008
negative shall be a complete defense to the enforcement of this article
as to such parcel of land FOR A PERIOD OF FIVE YEARS FROM THE DATE THE
DEPARTMENT ISSUES THE NEGATIVE ANSWER. [The commissioner may by regu-
lation adopted after public hearing exempt categories or classes of
wetlands or individual wetlands which he determines not to be critical
to the furtherance of the policies and purposes of this article.]
§ 7. Subdivision 1 of section 24-0901 of the environmental conserva-
tion law, as added by chapter 614 of the laws of 1975, is amended to
read as follows:
1. [Upon completion of the freshwater wetlands map, the] THE commis-
sioner shall confer with local government officials in each region in
which the inventory has been conducted to establish a program for the
protection of the freshwater wetlands of the state.
§ 8. Subdivisions 1 and 5 of section 24-0903 of the environmental
conservation law, as added by chapter 614 of the laws of 1975, are
amended to read as follows:
1. [Upon completion of the freshwater wetlands map of the state, or of
any selected section or region thereof, the] THE commissioner shall
[proceed to] classify freshwater wetlands so designated thereon accord-
ing to their most appropriate uses, in light of the values set forth in
section 24-0105 of this article and the present conditions of such
wetlands. The commissioner shall determine what uses of such wetlands
are most compatible with the foregoing and shall prepare minimum land
use regulations to permit only such compatible uses. The classifications
may cover freshwater wetlands in more than one governmental subdivision.
Permits pursuant to section 24-0701 of this article are required whether
or not a classification has been promulgated.
5. Prior to the adoption of any land use regulations governing fresh-
water wetlands, the commissioner shall hold a public hearing thereon in
the area in which the affected freshwater wetlands are located, and give
fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
OR BY publication at least once in a newspaper having general circu-
lation in the area of the local government involved. The commissioner
shall promulgate the regulations within thirty days of such hearing and
POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish such order [at
least once] in a newspaper having general circulation in the area of the
local government affected and make such plan available for public
inspection and review; such order shall not take effect until thirty
days after the filing thereof with the clerk of the county in which such
wetland is located.
§ 9. Section 24-1305 of the environmental conservation law, as added
by chapter 771 of the laws of 1976, is amended to read as follows:
§ 24-1305. Applicability.
The provisions of this article shall not apply to any land use,
improvement or development for which final approval shall have been
obtained prior to the effective date of this article from the local
governmental authority or authorities having jurisdiction over such land
use. As used in this section, the term "final approval" shall mean[:
(a) in the case of the subdivision of land, conditional approval of a
final plat as the term is defined in section two hundred seventy-six of
the town law, and approval as used in section 7-728 of the village law
and section thirty-two of the general cities law;
(b) in the case of a site plan not involving the subdivision of land,
approval by the appropriate body or office of a city, village or town of
the site plan; and
S. 8008 78 A. 9008
(c) in those cases not covered by subdivision (a) or (b) above,] the
issuance of a building permit or other authorization for the commence-
ment of the use, improvement or development for which such permit or
authorization was issued or in those local governments which do not
require such permits or authorizations, the actual commencement of the
use, improvement or development of the land.
§ 10. Subdivision 2 of section 34-0104 of the environmental conserva-
tion law, as added by chapter 841 of the laws of 1981, is amended to
read as follows:
2. Upon completion of a preliminary identification of an erosion
hazard area, the commissioner or [his] THEIR designated hearing officer
shall hold a public hearing in a place reasonably accessible to resi-
dents of the affected area in order to afford an opportunity for any
person to propose changes in such preliminary identification. The
commissioner shall [give notice of such hearing to each owner of record,
as shown on the latest completed tax assessment rolls, of lands included
within such area, and also to the chief executive officer and clerk of
each local government within the boundaries of which any portion of such
area may be located, by certified mail at least thirty days prior to the
date set for such hearing, and shall insure] ENSURE that a copy of the
preliminary identification is available for public inspection at a
convenient location [in such local government]. The commissioner shall
also cause notice of such hearing to be published at least once, not
more than thirty days nor fewer than ten days before the date set for
such hearing, in at least one newspaper having general circulation in
the area involved and in the environmental notice publication provided
for under section 3-0306 of this chapter.
§ 11. Subdivision 3 of section 34-0104 of the environmental conserva-
tion law, as added by chapter 841 of the laws of 1981, is amended to
read as follows:
3. After considering the testimony given at such hearings and the
potential erosion hazard in accordance with the purposes and policies of
this article, and after consultation with affected local governments,
the commissioner shall issue the final identification of the erosion
hazard areas. Such final identification shall not be made less than
sixty days from the date of the public hearing required by subdivision
two hereof. A copy of such final identification shall be filed in the
office of the clerk of each local government in which such area or any
portion thereof is located. Notice [that such final identification has
been made shall be given each owner of lands included within the erosion
hazard area, as such ownership is shown on the latest completed tax
assessment rolls, by certified mail in any case where a notice by certi-
fied mail was not sent pursuant to subdivision two of this section, and
in all other cases by first class mail. Such notice] shall also be given
at such time to the chief executive officer of each local government
within the boundaries of which such erosion hazard area or any portion
thereof is located.
§ 12. Subdivision 8 of section 70-0117 of the environmental conserva-
tion law, as added by section 1 of part AAA of chapter 59 of the laws of
2009, is amended to read as follows:
8. (a) All persons required to obtain a permit from the department
pursuant to section 24-0701 of this chapter shall submit to the depart-
ment an application fee in an amount not to exceed the following:
(i) [fifty] ONE HUNDRED dollars per application for a [permit for a
minor project as defined in this article or] modification to any exist-
ing permit issued pursuant to section 24-0701 of this chapter;
S. 8008 79 A. 9008
(ii) [fifty] THREE HUNDRED dollars per application for [a permit for a
residential project defined as associated with] one NEW single family
dwelling and customary appurtenances thereto;
(iii) [one] FIVE hundred dollars per application for NEW MULTIPLE
SINGLE FAMILY DWELLINGS, NEW multiple family dwelling and customary
appurtenances thereto;
(iv) [two] ONE THOUSAND DOLLARS PER APPLICATION FOR NEW COMMERCIAL OR
INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
(V) ONE hundred dollars per application for a permit for any other
project as defined in this article.
(b) All persons required to obtain a permit from the department pursu-
ant to section 25-0402 of this chapter shall submit to the department an
application fee in an amount not to exceed the following:
(i) [two] THREE hundred dollars per application for a permit for a
minor project as defined in this article or modification to any existing
permit issued pursuant to section 25-0402 of this chapter;
(ii) [nine hundred] TWO THOUSAND DOLLARS PER APPLICATION FOR SUBDIVI-
SION OF LAND OR NEW COMMERCIAL OR INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
(III) ONE THOUSAND dollars per application for a permit for a project
as defined in this article.
(c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
subdivision shall be deposited [into the environmental protection fund
pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
OF THE CONSERVATION FUND. FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE MARINE
RESOURCES ACCOUNT OF THE CONSERVATION FUND.
(D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
REQUIRED FOR ANY STATE DEPARTMENT.
§ 13. Subdivisions 1 and 2 of section 71-2303 of the environmental
conservation law, as amended by chapter 99 of the laws of 2010, are
amended to read as follows:
1. [Administrative] CIVIL sanctions. A. Any person who violates, diso-
beys or disregards any provision of article twenty-four, including title
five and section 24-0507 thereof or any rule or regulation, local law or
ordinance, permit or order issued pursuant thereto, shall be liable to
the people of the state for a civil penalty of not to exceed eleven
thousand dollars for every such violation, to be assessed, after a hear-
ing or opportunity to be heard upon due notice and with the rights to
specification of the charges and representation by counsel at such hear-
ing, by the commissioner or local government OR IN AN ACTION INITIATED
BY THE ATTORNEY GENERAL PURSUANT TO SECTION 71-2305 OF THIS TITLE OR ON
THE ATTORNEY GENERAL'S OWN INITIATIVE. EACH VIOLATION SHALL BE A SEPA-
RATE AND DISTINCT VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION,
EACH DAY'S CONTINUANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT
VIOLATION. Such penalty ASSESSED BY THE COMMISSIONER OR LOCAL GOVERNMENT
may be recovered in an action brought by the attorney general at the
request and in the name of the commissioner or local government in any
court of competent jurisdiction. Such civil penalty may be released or
compromised by the commissioner or local government before the matter
has been referred to the attorney general; and where such matter has
been referred to the attorney general, any such penalty may be released
or compromised and any action commenced to recover the same may be
settled and discontinued by the attorney general with the consent of the
commissioner or local government. In addition, the commissioner or local
government shall have power, following a hearing held in conformance
with the procedures set forth in section 71-1709 of this article, to
S. 8008 80 A. 9008
direct the violator to cease [his violation of] VIOLATING the act and to
restore the affected freshwater wetland to its condition prior to the
violation, insofar as that is possible within a reasonable time and
under the supervision of the commissioner or local government. Any such
order of the commissioner or local government shall be enforceable in an
action brought by the attorney general at the request and in the name of
the commissioner or local government in any court of competent jurisdic-
tion. Any civil penalty or order issued by the commissioner or local
government pursuant to this subdivision shall be reviewable in a
proceeding pursuant to article seventy-eight of the civil practice law
and rules.
B. UPON DETERMINING THAT SIGNIFICANT DAMAGE TO THE FUNCTIONS AND BENE-
FITS OF A FRESHWATER WETLAND IS OCCURRING OR IS IMMINENT AS A RESULT OF
ANY VIOLATION OF ARTICLE TWENTY-FOUR OF THIS CHAPTER, INCLUDING BUT NOT
LIMITED TO (I) ACTIVITY TAKING PLACE REQUIRING A PERMIT UNDER ARTICLE
TWENTY-FOUR OF THIS CHAPTER BUT FOR WHICH NO PERMIT HAS BEEN GRANTED OR
(II) FAILURE ON THE PART OF A PERMITTEE TO ADHERE TO PERMIT CONDITIONS,
THE COMMISSIONER OR LOCAL GOVERNMENT SHALL HAVE POWER TO DIRECT THE
VIOLATOR TO CEASE AND DESIST FROM VIOLATING THE ACT. IN SUCH CASES THE
VIOLATOR SHALL BE PROVIDED AN OPPORTUNITY TO BE HEARD WITHIN TEN DAYS OF
RECEIPT OF THE NOTICE TO CEASE AND DESIST.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-four of this chapter, including any rule or regulation, local
law or ordinance, permit or order issued pursuant thereto, shall, in
addition, for the first offense, be guilty of a violation punishable by
a fine of not less than two thousand nor more than [four] FIVE thousand
dollars; for a second and each subsequent offense he shall be guilty of
a misdemeanor punishable by a fine of not less than four thousand nor
more than [seven] TEN thousand dollars or a term of imprisonment of not
less than fifteen days nor more than six months or both. [Instead of] IN
ADDITION TO these punishments, any offender may be punishable by being
ordered by the court to restore the affected freshwater wetland to its
condition prior to the offense, insofar as that is possible. The court
shall specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the commissioner or
local government. Each offense shall be a separate and distinct offense
and, in the case of a continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense.
§ 14. Subdivision 1 of section 71-2305 of the environmental conserva-
tion law, as added by chapter 614 of the laws of 1975, is amended to
read as follows:
1. The attorney general, upon [his] THEIR own initiative or upon
complaint of the commissioner or local government, shall prosecute
persons alleged to have violated [any such order of the commissioner or
local government pursuant to] article twenty-four OF THIS CHAPTER.
§ 15. The title heading of title 25 of article 71 of the environmental
conservation law, as added by chapter 182 of the laws of 1975, is
amended to read as follows:
ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
§ 16. Section 71-2501 of the environmental conservation law, as added
by chapter 182 of the laws of 1975, is amended to read as follows:
§ 71-2501. Applicability of this title.
The provisions of this title shall be applicable to the enforcement of
article twenty-five AND ARTICLE THIRTY-FOUR.
S. 8008 81 A. 9008
§ 17. Section 71-2503 of the environmental conservation law, as
amended by chapter 666 of the laws of 1989, is amended to read as
follows:
§ 71-2503. Violation; penalties.
1. Administrative sanctions.
a. Any person who violates, disobeys or disregards any provision of
article twenty-five INCLUDING ANY RULE OR REGULATION, LOCAL LAW OR ORDI-
NANCE, PERMIT OR ORDER ISSUED PURSUANT THERETO, OR ARTICLE THIRTY-FOUR
shall be liable to the people of the state for a civil penalty of not to
exceed ten thousand dollars for every such violation, to be assessed,
after a hearing or opportunity to be heard, by the commissioner. Each
violation shall be a separate and distinct violation and, in the case of
a continuing violation, each day's continuance thereof shall be deemed a
separate and distinct violation. The penalty may be recovered in an
action brought by the commissioner in any court of competent jurisdic-
tion. Such civil penalty may be released or compromised by the commis-
sioner before the matter has been referred to the attorney general; and
where such matter has been referred to the attorney general, any such
penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the commissioner.
b. Upon determining that significant damage to the functions and bene-
fits of tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
is imminent as a result of any violation of article twenty-five OR ARTI-
CLE THIRTY-FOUR, including but not limited to (i) activity taking place
requiring a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
for which no permit has been granted or (ii) failure on the part of a
permittee to adhere to permit conditions, the [commissioner] DEPARTMENT
shall have power to direct the violator to cease and desist from violat-
ing the act. In such cases the violator shall be provided an opportunity
to be heard within ten days of receipt of the notice to cease and
desist.
c. Following a hearing held pursuant to section 71-1709 of this arti-
cle, the commissioner shall have power to direct the violator to cease
and desist from violating the act and to restore the affected tidal
wetland or area immediately adjacent thereto OR COASTAL EROSION HAZARD
AREA to its condition prior to the violation, insofar as that is possi-
ble within a reasonable time and under the supervision of the commis-
sioner. Any order of the commissioner shall be enforceable in an action
brought by the commissioner in any court of competent jurisdiction. Any
civil penalty or order issued by the commissioner under this subdivision
shall be reviewable in a proceeding under article seventy-eight of the
civil practice law and rules.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
offense, be guilty of a violation punishable by a fine of not less than
five hundred nor more than five thousand dollars; for a second and each
subsequent offense such person shall be guilty of a misdemeanor punisha-
ble by a fine of not less than one thousand nor more than ten thousand
dollars or a term of imprisonment of not less than fifteen days nor more
than six months or both. In addition to or instead of these punishments,
any offender shall be punishable by being ordered by the court to
restore the affected tidal wetland or area immediately adjacent thereto
OR COASTAL EROSION HAZARD AREA to its condition prior to the offense,
insofar as that is possible. The court shall specify a reasonable time
for the completion of the restoration, which shall be effected under the
S. 8008 82 A. 9008
supervision of the commissioner. Each offense shall be a separate and
distinct offense and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
3. The proceeds of any penalty or fine assessed under this section
shall be deposited to the credit of the marine resources account of the
conservation fund.
§ 18. Section 71-2505 of the environmental conservation law, as
amended by chapter 249 of the laws of 1997, is amended to read as
follows:
§ 71-2505. Enforcement.
The attorney general, on [his] THEIR own initiative or at the request
of the commissioner, shall prosecute persons who violate article twen-
ty-five OR ARTICLE THIRTY-FOUR. In addition the attorney general, on
[his] THEIR own initiative or at the request of the commissioner, shall
have the right to recover a civil penalty of up to ten thousand dollars
for every violation of any provision of such [article] ARTICLES, and to
seek equitable relief to restrain any violation or threatened violation
of such [article] ARTICLES and to require the restoration of any
affected tidal wetland or area immediately adjacent thereto OR COASTAL
EROSION HAZARD AREA to its condition prior to the violation, insofar as
that is possible, within a reasonable time and under the supervision of
the commissioner. In the case of a continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.
§ 19. Section 71-2507 of the environmental conservation law, as added
by chapter 182 of the laws of 1975, is amended to read as follows:
§ 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREAS.
Where any tidal wetlands OR COASTAL EROSION HAZARD AREAS are subject
to pollution, the commissioner and attorney general shall take all
appropriate action to abate the pollution. In addition, the commissioner
may restrict or order cessation of solid waste disposal, deep well
disposal, or liquid waste disposal where such is polluting a given area
of tidal wetland OR COASTAL EROSION HAZARD AREA. Where pesticides, chem-
ical products, or fertilizer residues are the polluting agents, the
commissioner shall confer with other appropriate public officials to
limit the use of such substances at their source; after appropriate
consultations, the commissioner may make such rules and regulations as
[he deems] THEY DEEM necessary under section 3-0301 of [the environ-
mental conservation law] THIS CHAPTER.
§ 20. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven and eight of this act shall
take effect January 1, 2025.
PART RR
Section 1. Legislative intent. The legislature finds the amount of
waste generated in New York is a threat to the environment. The legisla-
ture further finds and declares that it is in the public interest of the
state of New York for packaging and paper products producers to take
responsibility for the development and implementation of strategies to
promote reduction, reuse, recovery, and recycling of covered materials
and products through investments in the end-of-product-life management
of printed paper and product packaging.
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 33 to read as follows:
TITLE 33
EXTENDED PRODUCER RESPONSIBILITY ACT
S. 8008 83 A. 9008
SECTION 27-3301. DEFINITIONS.
27-3303. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND
PAPER PRODUCTS PROGRAM.
27-3305. ADVISORY COMMITTEE.
27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
27-3309. REPORTING REQUIREMENTS AND AUDITS.
27-3311. ANTITRUST PROTECTIONS.
27-3313. PENALTIES.
27-3315. STATE PREEMPTION.
27-3317. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
27-3319. EXTENDED PRODUCER RESPONSIBILITY REPORTING TO THE
GOVERNOR AND LEGISLATURE.
27-3321. SEVERABILITY.
§ 27-3301. DEFINITIONS.
WHEN USED IN THIS TITLE:
1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES A PROD-
UCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE OWNER
OF THE BRAND.
2. "CONSUMER" MEANS ANY PERSON LOCATED IN THE STATE, WHO OWNS OR USES
PACKAGING AND PAPER PRODUCTS, INCLUDING, BUT NOT LIMITED TO, A PERSON
RESIDING IN A SINGLE OR MULTI-FAMILY RESIDENTIAL UNIT, A SCHOOL, STATE
OR LOCAL AGENCY, BUSINESS, OR INSTITUTION.
3. "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
4. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" MEANS A PROGRAM FINANCED
AND IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR COLLECTIVELY
THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION, THAT PROVIDES FOR, BUT
IS NOT LIMITED TO, THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING,
PROPER END-OF-LIFE MANAGEMENT, OR AN APPROPRIATE COMBINATION THEREOF, OF
UNWANTED PACKAGING AND PAPER PRODUCTS.
5. "PACKAGING AND PAPER PRODUCTS" COVERED BY THIS TITLE INCLUDE, BUT
ARE NOT LIMITED TO, THE FOLLOWING:
(A) PACKAGING MEANS ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF
RECYCLABILITY OR COMPOSTABILITY, INCLUDING, BUT NOT LIMITED TO, SUCH
MATERIAL TYPES AS PAPER, PLASTIC, GLASS, OR METAL, THAT IS USED:
(I) FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, SERVING, AND
PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO
CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION;
(II) AS SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET;
(III) AS TERTIARY PACKAGING USED FOR TRANSPORTATION OR DISTRIBUTION
DIRECTLY TO A CONSUMER OR RETAILER; OR
(IV) FOR A SINGLE OR SHORT-TERM USE.
(B) PAPER PRODUCTS MEANS:
(I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOUND BOOKS;
(II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY
TO THE ULTIMATE CONSUMER OR RECIPIENT; OR
(III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: FLYERS;
BROCHURES; BOOKLETS; CATALOGS; TELEPHONE DIRECTORIES; PAPER FIBER; CARD-
BOARD; AND PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
(C) FOR THE PURPOSE OF THIS TITLE, THE PACKAGING AND PAPER PRODUCTS
COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING:
(I) PACKAGING OR PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY
TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE;
(II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS;
(III) NEWSPAPERS, MAGAZINES, AND PERIODICALS;
S. 8008 84 A. 9008
(IV) BEVERAGE CONTAINERS, AS DEFINED IN SECTION 27-1003 OF THIS ARTI-
CLE ON WHICH A DEPOSIT IS REQUIRED TO BE INITIATED;
(V) PACKAGING THAT IS USED EXCLUSIVELY IN INDUSTRIAL OR MANUFACTURING
PROCESSES;
(VI) MEDICAL DEVICES AND PACKAGING, OR PAPER USED TO CONTAIN AND WHICH
ARE INCLUDED WITH PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE OR
DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E)
OF 21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT HEALTH
AND EDUCATION ACT;
(VII) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER COVERED
MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159; AND
(VIII) PACKAGING PRODUCTS USED TO CONTAIN, AND PAPER PRODUCTS WHICH
ARE INCLUDED WITH, SUBSTANCES HAZARDOUS TO THE ENVIRONMENT, REGULATED
PURSUANT TO SECTION 37-0103 OF THIS CHAPTER, OR PACKAGING PRODUCTS REGU-
LATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7
U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR REGU-
LATION.
6. "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, LOCAL PUBLIC
AUTHORITY OR BENEFIT CORPORATION, OR SOLID WASTE MANAGEMENT DISTRICT
WITHIN THE STATE OF NEW YORK.
7. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT
MADE OF RECYCLED MATERIALS DERIVED FROM POST-CONSUMER RECYCLED MATERIALS
OR FEEDSTOCK.
8. (A) "PRODUCER" MEANS AN ENTITY THAT SHALL BE DETERMINED TO BE THE
PRODUCER, FOR THE PURPOSES OF THIS TITLE, BASED ON THE FOLLOWING HIERAR-
CHY:
(I) THE PERSON WHO MANUFACTURES THE PACKAGING OR PAPER PRODUCT UNDER
SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE THE
PACKAGING OR PAPER PRODUCT IN THE STATE; OR
(II) THE PERSON WHO IMPORTS THE PACKAGING OR PAPER PRODUCT AS THE
OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE PACKAGING OR
PAPER PRODUCTS ARE SOLD OR DISTRIBUTED IN THE STATE; OR
(III) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIB-
UTES THE PACKAGING OR PAPER PRODUCT IN THE STATE.
(B) FOR PURPOSES OF THIS TITLE, A PRODUCER SHALL NOT INCLUDE THOSE
THAT:
(I) GENERATE LESS THAN ONE MILLION DOLLARS IN ANNUAL GROSS REVENUE;
(II) GENERATE LESS THAN ONE TON OF PACKAGING AND PAPER PRODUCTS
SUPPLIED TO NEW YORK STATE CONSUMERS PER YEAR;
(III) OPERATE AS A SINGLE POINT OF RETAIL SALE AND ARE NOT SUPPLIED OR
OPERATED AS PART OF A FRANCHISE; OR
(IV) ARE A MUNICIPALITY OR A LOCAL GOVERNMENT PLANNING UNIT, OR A
REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE
ORGANIZATION.
(C) IF MORE THAN ONE PERSON IS A PRODUCER OF A BRAND OF PACKAGING OR
PAPER PRODUCT, ANY SUCH PERSON MAY ASSUME RESPONSIBILITY FOR OBLIGATIONS
OF A PRODUCER OF THAT BRAND UNDER THIS TITLE. IF NONE OF THOSE PERSONS
ASSUME RESPONSIBILITY FOR THE OBLIGATIONS OF A PRODUCER UNDER THIS
TITLE, ANY AND ALL SUCH PERSONS JOINTLY AND SEVERALLY MAY BE CONSIDERED
THE RESPONSIBLE PRODUCER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
9. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT
ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON
BEHALF OF EACH PARTICIPATING PRODUCER TO DEVELOP AND IMPLEMENT A PRODUC-
S. 8008 85 A. 9008
ER RESPONSIBILITY PROGRAM. TO THE EXTENT APPLICABLE, A PRODUCER RESPON-
SIBILITY ORGANIZATION SHALL HAVE A GOVERNING BOARD THAT REPRESENTS THE
DIVERSITY OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES, AND
SUCH BOARD SHALL INCLUDE NON-VOTING MEMBERS REPRESENTING A DIVERSITY OF
MATERIAL TRADE ASSOCIATIONS.
10. "READILY-RECYCLABLE" MEANS PACKAGING THAT CAN BE SORTED BY ENTI-
TIES PROCESSING RECYCLABLES FROM NEW YORK AND FOR WHICH, DURING THE
PREVIOUS TWO CALENDAR YEARS, THERE WAS A CONSISTENT MARKET, MEANING
RECYCLERS WERE WILLING TO PAY FOR FULLY SORTED MATERIAL AT THE DOOR OF
THEIR FACILITIES IN QUANTITIES EQUAL TO OR IN EXCESS OF MATERIAL SUPPLY.
THIS DOES NOT INCLUDE MATERIAL TYPES THAT RECYCLERS ACCEPT IN LOW QUAN-
TITIES OR SORT OUT OF MATERIAL DURING ADDITIONAL PROCESSING STEPS; IF
MATERIAL RECYCLERS DO NOT DESIRE A FULL BALE OF A SPECIFIC MATERIAL
TYPE, THAT MATERIAL TYPE IS NOT READILY-RECYCLABLE.
11. "RECOVERY RATE" MEANS THE AMOUNT OF PACKAGING OR PAPER PRODUCTS
COLLECTED AND RECOVERED FOR REUSE OR RECYCLING OVER A PROGRAM YEAR BY
MATERIAL TYPE, DIVIDED BY THE AMOUNT OF PACKAGING OR PAPER PRODUCTS SOLD
INTO THE STATE, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
12. "RECYCLING" MEANS THE PROCESSING OF SOURCE-SEPARATED PACKAGING AND
PAPER PRODUCTS TO PRODUCE A MARKETABLE PRODUCT OR SECONDARY RAW MATERI-
AL. RECYCLING DOES NOT INCLUDE THERMAL TREATMENT PROCESSES THAT PRODUCE
FUEL OR FUEL PRODUCTS WITHOUT SUBSTANTIAL PRODUCTION OF A MARKETABLE
NON-FUEL PRODUCT OR SECONDARY RAW MATERIAL.
13. "RECYCLING COLLECTION" MEANS A RECYCLING PROGRAM THAT SERVES RESI-
DENTIAL UNITS, SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR
INSTITUTIONS, WHERE SUCH SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES,
BUSINESSES, OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT
WITH A MUNICIPALITY BY A MUNICIPALITY OR A PRIVATE SECTOR HAULER AS OF
THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS OPERATED
BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE MUNICIPALITY,
PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED LOCAL
SOLID WASTE MANAGEMENT PLANS.
14. "RECYCLING RATE" MEANS THE AMOUNT OF DISCARDED PACKAGING AND PAPER
PRODUCTS THAT IS MANAGED THROUGH RECYCLING, AS DEFINED BY THIS TITLE,
AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED PACKAGING AND PAPER
PRODUCTS COLLECTED AND RECYCLED, BY MATERIAL TYPE, BY THE TOTAL AMOUNT
OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED OVER A PROGRAM YEAR,
BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
15. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE A PRODUCT
TO A CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO
BE DELIVERED TO A CONSUMER IN THE STATE.
16. "REUSE" MEANS RETURNING, DONATING OR SELLING A DISCARDED PACKAGING
OR PAPER PRODUCT BACK INTO THE MARKET FOR ITS ORIGINAL INTENDED USE,
WHEN THE DISCARDED PACKAGING OR PAPER PRODUCT RETAINS ITS ORIGINAL
PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS ORIGINAL PURPOSE.
§ 27-3303. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND PAPER
PRODUCTS PROGRAM.
1. (A) BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A STATEWIDE NEEDS
ASSESSMENT CONDUCTED BY A THIRD-PARTY ORGANIZATION SELECTED BY THE
DEPARTMENT, SHALL BE SUBMITTED TO THE DEPARTMENT.
(B) THE STATEWIDE NEEDS ASSESSMENT SHALL BE RETROACTIVELY FUNDED BY
THE PRODUCERS OR PRODUCER RESPONSIBILITY ORGANIZATION.
(C) THE STATEWIDE NEEDS ASSESSMENT SHALL INCLUDE AN EVALUATION OF THE
CAPACITY, COSTS, GAPS, AND NEEDS FOR THE FOLLOWING FACTORS:
(I) CURRENT FUNDING NEEDS, BOTH OPERATIONAL AND CAPITAL, IMPACTING
RECYCLING ACCESS AND AVAILABILITY;
S. 8008 86 A. 9008
(II) EXISTING STATE STATUTORY PROVISIONS AND FUNDING SOURCES FOR RECY-
CLING, REUSE, REDUCTION, AND RECOVERY;
(III) THE COLLECTION AND HAULING SYSTEM FOR RECYCLABLE MATERIALS IN
THE STATE;
(IV) THE PROCESSING CAPACITY AND INFRASTRUCTURE FOR RECYCLABLE MATERI-
ALS IN THE STATE AND REGIONALLY AND IDENTIFYING NECESSARY CAPITAL
INVESTMENTS TO EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE;
(V) THE MARKET CONDITIONS AND OPPORTUNITIES FOR RECYCLABLE AND REUS-
ABLE MATERIALS IN THE STATE AND REGIONALLY;
(VI) CONSUMER EDUCATION NEEDS FOR RECYCLING, REUSE, AND REDUCTION OF
COVERED MATERIALS AND PRODUCTS;
(VII) CURRENT STATE PACKAGING AND PAPER PRODUCT RECOVERY RATES, RECY-
CLING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE;
(VIII) ACCOUNTING OF GREENHOUSE GAS EMISSIONS ASSOCIATED WITH
COLLECTION, PROCESSING, AND MARKETING OF PACKAGING AND PAPER PRODUCTS;
(IX) AN EVALUATION OF STATE AND REGIONALLY ACCEPTED RECYCLING PRAC-
TICES THAT CONSTITUTE LEGITIMATE RECYCLING; AND
(X) CURRENT BARRIERS AFFECTING THE EQUITABLE ACCESS TO RECYCLING OR
REUSE PROGRAMS.
2. BY JUNE FIRST, TWO THOUSAND TWENTY-THREE, AN ADVISORY COMMITTEE
SHALL BE ESTABLISHED AND BEGIN PERFORMING ITS OBLIGATIONS PURSUANT TO
SECTION 27-3305 OF THIS TITLE.
3. (A) BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY
PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A PRODUCER RESPONSI-
BILITY PROGRAM PLAN DEVELOPED IN CONSULTATION WITH THE ADVISORY COMMIT-
TEE TO THE DEPARTMENT FOR APPROVAL. A PRODUCER MAY SATISFY ITS OBLI-
GATIONS UNDER THIS TITLE INDIVIDUALLY OR THROUGH A PRODUCER
RESPONSIBILITY ORGANIZATION.
(B) ANY PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR ANY PRODUCER RESPONSIBILITY ORGANIZATION, SHALL
BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS AFTER THE DATE THE PLAN
IS APPROVED, BUT NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX.
4. ANY PERSON THAT BECOMES A PRODUCER AFTER APRIL FIRST, TWO THOUSAND
TWENTY-FIVE, SHALL SUBMIT AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM PLAN WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTATION WITHIN
SIX MONTHS OF PLAN APPROVAL, OR JOIN A PRODUCER RESPONSIBILITY ORGANIZA-
TION.
5. BY APRIL FIRST, TWO THOUSAND TWENTY-SIX, NO PRODUCER SHALL SELL,
OFFER FOR SALE, OR DISTRIBUTE PACKAGING OR PAPER PRODUCTS FOR USE IN NEW
YORK UNLESS THE PRODUCER, OR ITS DESIGNATED PRODUCER RESPONSIBILITY
ORGANIZATION, HAS SUBMITTED A PRODUCER RESPONSIBILITY PROGRAM PLAN TO
THE DEPARTMENT FOR APPROVAL.
6. TO ADDRESS PROGRAM PERFORMANCE, PRODUCERS SHALL BE REQUIRED TO
EVALUATE HOW THEY ARE MEETING THE MINIMUM POST-CONSUMER RECYCLED CONTENT
RATE, MINIMUM RECOVERY RATE, AND MINIMUM RECYCLING RATE FOR PACKAGING
AND PAPER MATERIAL TYPES, AS RECOMMENDED BY THE ADVISORY COMMITTEE, AND
ADOPTED BY THE DEPARTMENT IN REGULATION.
7. NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE PACKAGING AND
PAPER PRODUCTS FOR USE IN NEW YORK UNLESS SUCH PACKAGING OR PAPER
PRODUCTS ARE IN COMPLIANCE WITH TITLE TWO OF ARTICLE THIRTY-SEVEN OF
THIS CHAPTER.
8. FUNDS COLLECTED FROM PRODUCERS BY A PRODUCER RESPONSIBILITY ORGAN-
IZATION TO OPERATE THE PROGRAM PURSUANT TO THIS TITLE SHALL NOT BE USED
TO CARRY OUT LOBBYING ACTIVITIES, BRING A LAWSUIT AGAINST THE STATE,
DEFEND LITIGATION INVOLVING CLAIMS OF A PRODUCER RESPONSIBILITY ORGAN-
S. 8008 87 A. 9008
IZATION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, OR
FOR PAYMENT OF PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
9. NO PERSON MAY CHARGE A CONSUMER A POINT-OF-SALE OR POINT-OF-COLLEC-
TION FEE TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS
UNDER THIS TITLE.
§ 27-3305. ADVISORY COMMITTEE.
1. THE COMMISSIONER OF THE DEPARTMENT SHALL APPOINT MEMBERS TO THE
ADVISORY COMMITTEE, WHICH SHALL BE COMPRISED OF AN ODD NUMBER OF
MEMBERS, WITH AT LEAST ONE MEMBER REPRESENTING EACH OF THE FOLLOWING
DISCIPLINES, WITH EACH DISCIPLINE HAVING EQUAL REPRESENTATION:
(A) AN ASSOCIATION REPRESENTING MUNICIPALITIES AND AN ADDITIONAL
MUNICIPAL REPRESENTATIVE FROM A CITY WITH A POPULATION OF ONE MILLION OR
MORE RESIDENTS;
(B) A MUNICIPALITY OPERATING A RECYCLING PROGRAM;
(C) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
(D) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY OR ORGAN-
IZATION;
(E) A STATEWIDE WASTE DISPOSAL ASSOCIATION;
(F) A RECYCLABLES HANDLING AND RECOVERY FACILITY LOCATED WITHIN THE
STATE OF NEW YORK;
(G) A RECYCLING COLLECTION PROVIDER;
(H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER
RECYCLED CONTENT;
(I) A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED
CONTENT;
(J) A CONSUMER ADVOCATE;
(K) A RETAIL ORGANIZATION; AND
(L) A PRODUCER OF PACKAGING PRODUCTS, PRODUCER OF PAPER PRODUCTS, AND
A REPRESENTATIVE FROM A PRODUCER RESPONSIBILITY ORGANIZATION ESTABLISHED
UNDER THIS TITLE AS NON-VOTING MEMBERS.
2. THE ADVISORY COMMITTEE SHALL SELECT A CHAIR FROM AMONG THE
MEMBERS. THE CHAIR WILL BE RESPONSIBLE FOR SELECTING SECRETARIAL SUPPORT
FOR THE ADVISORY COMMITTEE.
3. THE ADVISORY COMMITTEE SHALL BE CONSULTED AS NEEDED, BUT AT LEAST
ONCE, DURING THE DEVELOPMENT OF THE PRODUCER RESPONSIBILITY PROGRAM
PLAN, PRIOR TO ANY UPDATE TO THE PRODUCER RESPONSIBILITY PROGRAM PLAN,
AND PRIOR TO THE SUBMISSION OF AN ANNUAL REPORT.
4. THE ADVISORY COMMITTEE SHALL USE THE FINDINGS FROM THE STATEWIDE
NEEDS ASSESSMENT TO INFORM ITS PRODUCER OR PRODUCER RESPONSIBILITY
ORGANIZATION PROGRAM PLAN RECOMMENDATIONS.
5. THE ADVISORY COMMITTEE SHALL WORK WITH ALL PRODUCERS IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM AND ALL PRODUCER
RESPONSIBILITY ORGANIZATIONS TO ENSURE CONSISTENT MESSAGING AND COORDI-
NATION ACROSS PROGRAM PLANS.
6. THE ADVISORY COMMITTEE SHALL REVIEW THE PRODUCER RESPONSIBILITY
PROGRAM PLANS REQUIRED UNDER THIS TITLE AND PREPARE SPECIFIC WRITTEN
RECOMMENDATIONS ON ALL PORTIONS OF THE PRODUCER RESPONSIBILITY PROGRAM
PLANS AND ON ALL UPDATES OR REVISIONS TO APPROVED PRODUCER RESPONSIBIL-
ITY PROGRAM PLANS. SUCH RECOMMENDATION SHALL BE APPROVED BY A MAJORITY
OF THE ADVISORY COMMITTEE'S MEMBERS. THE PRODUCER IMPLEMENTING AN INDI-
VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL-
ITY ORGANIZATION SHALL CONSIDER AND RESPOND TO THOSE WRITTEN RECOMMENDA-
TIONS IN WRITING, AND SUCH RECOMMENDATIONS AND RESPONSES SHALL BE
PROVIDED TO THE DEPARTMENT AT THE TIME OF PLAN SUBMISSION.
7. BY APRIL FIRST, TWO THOUSAND TWENTY-FOUR, THE ADVISORY COMMITTEE
SHALL RECOMMEND TO THE DEPARTMENT ANNUAL MINIMUM RECOVERY RATES, RECYCL-
S. 8008 88 A. 9008
ING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE,
OVER A FIVE-YEAR TIMEFRAME BEGINNING IN TWO THOUSAND TWENTY-SIX. SUCH
RATE SETTING RECOMMENDATION SHALL BE INFORMED BY THE NEEDS ASSESSMENT
AND APPROVED BY THE DEPARTMENT.
8. BY OCTOBER FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPARTMENT SHALL
ADOPT REGULATIONS SETTING FORTH INITIAL ANNUAL MINIMUM RECOVERY RATES,
RECYCLING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL
TYPE, OVER A FIVE-YEAR TIMEFRAME BEGINNING IN TWO THOUSAND TWENTY-SIX.
9. (A) THE ADVISORY COMMITTEE SHALL MAKE RECOMMENDATIONS TO THE
DEPARTMENT AT THE TIME OF PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA-
TION ANNUAL REPORT SUBMITTAL, AS TO WHETHER ANY ADJUSTMENTS TO THE
INITIALLY ADOPTED MINIMUM RECOVERY RATES, RECYCLING RATES, AND POST-CON-
SUMER RECYCLED CONTENT RATES ARE NECESSARY. THE ADVISORY COMMITTEE, IN
CONSIDERATION OF A RECOMMENDATION TO ADJUST ANY RATES, SHALL CONSIDER:
(I) CHANGES IN MARKET CONDITIONS, INCLUDING SUPPLY AND DEMAND FOR
POST-CONSUMER RECYCLED PLASTICS, BOTH DOMESTICALLY AND GLOBALLY;
(II) CURRENT RECYCLING RATES;
(III) THE AVAILABILITY OF RECYCLED MATERIALS SUITABLE TO MEET THE
MINIMUM RECYCLED CONTENT GOALS, INCLUDING THE AVAILABILITY OF HIGH-QUAL-
ITY RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED MATERIALS;
(IV) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE;
(V) UTILIZATION RATES OF THE MATERIAL; AND
(VI) THE PROGRESS MADE BY PRODUCERS IN MEETING THE POST-CONSUMER RECY-
CLED TARGETS BY MATERIAL TYPE.
(B) IF AN ADJUSTMENT IS RECOMMENDED, THE ADVISORY COMMITTEE SHALL
PROVIDE A DETAILED BASIS FOR JUSTIFICATION.
10. MEMBERS OF THE ADVISORY COMMITTEE SHALL BE REIMBURSED FOR ANY
NECESSARY TRAVEL EXPENSES, RELATED TO PARTICIPATING ON THE ADVISORY
COMMITTEE, BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER
RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, AND THE
DEPARTMENT SHALL BE RESPONSIBLE FOR MONITORING THESE EXPENSES. MEMBERS
OF THE ADVISORY COMMITTEE SHALL RECEIVE NO SALARY FROM A PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION. THE COSTS FOR SECRETARIAL SUPPORT
TO THE ADVISORY COMMITTEE SHALL BE PAID FOR BY THE PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION, AND THE DEPARTMENT SHALL BE RESPONSIBLE FOR
MONITORING THESE EXPENSES.
11. MEMBERS SHALL SERVE ON THE ADVISORY COMMITTEE FOR AT LEAST THREE
YEARS.
§ 27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
1. BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY PRODUCER
RESPONSIBILITY ORGANIZATION, SHALL SUBMIT TO THE DEPARTMENT A PRODUCER
RESPONSIBILITY PROGRAM PLAN, DETAILING ITS PROPOSED COLLECTION AND RECY-
CLING PROGRAM FOR PACKAGING AND PAPER PRODUCTS.
2. THE PRODUCER RESPONSIBILITY PROGRAM PLAN SHALL BE VALID FOR FIVE
YEARS AND SHALL BE REVIEWED AND UPDATED EVERY FIVE YEARS FOLLOWING THE
APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION
TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED PRIOR TO THE FIVE-YEAR
PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM POST-CONSUMER
RECYCLED CONTENT RATES, MINIMUM RECOVERY RATES, MINIMUM RECYCLING RATES,
AS SPECIFIED BY THE DEPARTMENT IN REGULATION, OR OTHER FACTORS OF THE
PLAN ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER OR PRODUCER RESPONSI-
BILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT
WARRANTS REVISION OF THE PLAN.
S. 8008 89 A. 9008
3. THE SUBMITTED PLAN SHALL, AT A MINIMUM, ADDRESS THE FOLLOWING:
(A) CONTACT INFORMATION. CONTACT INFORMATION, INCLUDING THE NAME,
ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED
REPRESENTATIVE OF THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION.
(B) PARTICIPATING PRODUCER OR PRODUCERS. IDENTIFY THE PRODUCER OR
PRODUCERS PARTICIPATING IN THE SUBMITTED PRODUCER RESPONSIBILITY PROGRAM
PLAN.
(C) ADVISORY COMMITTEE RECOMMENDATIONS. A DESCRIPTION OF HOW THE
RECOMMENDATIONS FROM THE ADVISORY COMMITTEE WERE CONSIDERED AND
ADDRESSED IN THE DEVELOPMENT OF THE PLAN.
(D) TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS. A LIST OF THE
TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS FOR WHICH THE PRODUCER
OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSIBLE FOR.
(E) FUNDING MECHANISM. A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM
THAT IS NECESSARY TO MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFI-
CIENT TO COVER THE COST OF OPERATING THE PROGRAM, UPDATING THE PLAN, AND
MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A
FISCALLY PRUDENT AND RESPONSIBLE MANNER. THE DEPARTMENT MAY PROMULGATE
REGULATIONS NECESSARY FOR A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
PRODUCER RESPONSIBILITY PROGRAM OR A PRODUCER RESPONSIBILITY ORGANIZA-
TION TO DEVELOP AND MANAGE A FUNDING MECHANISM AND ACTIVITY-BASED COSTS.
THE FOLLOWING FUNDING MECHANISM DETAILS SHALL BE PROVIDED IN THE PRODUC-
ER RESPONSIBILITY PLAN:
(I) PROPOSED PROGRAM CHARGES FOR PRODUCERS, LISTED BY PRODUCER, WHICH
SHALL BE SUFFICIENT TO COVER ALL PROGRAM COSTS;
(II) ECO-MODULATION. FOR PURPOSES OF THIS TITLE, "ECO-MODULATION"
SHALL PROVIDE THAT PROGRAM CHARGES ARE STRUCTURED TO PROVIDE PRODUCERS
WITH FINANCIAL INCENTIVES THAT REWARD WASTE AND SOURCE REDUCTION AND
RECYCLING COMPATIBILITY INNOVATIONS AND PRACTICES, REWARD PRODUCERS OF
PACKAGING AND PAPER PRODUCTS THAT CAN BE EASILY REUSED, AND THAT DISIN-
CENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PACK-
AGING AND PAPER PRODUCTS. THE PRODUCER RESPONSIBILITY ORGANIZATION MAY
ADJUST CHARGES TO BE PAID BY PARTICIPATING PRODUCERS, OR THE PRODUCERS
MAY BE PROVIDED A CREDIT, BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT
A MINIMUM, CHARGES SHALL BE VARIABLE BASED ON:
(A) COSTS TO PROVIDE RECYCLING COLLECTION OR OTHER FORM OF CONSUMER
SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS THE PREVIOUS WASTE
COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION FOR ALL CONSUMERS;
(B) COSTS TO PROCESS A PRODUCER'S PACKAGING AND PAPER PRODUCTS FOR
SALE TO SECONDARY MATERIAL MARKETS;
(C) WHETHER THE PACKAGING OR PAPER PRODUCT WOULD TYPICALLY BE READI-
LY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN, THE
PRODUCT HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT
INCLUDES LABELS, INKS, OR ADHESIVES CONTAINING HEAVY METALS THAT WOULD
CONTAMINATE THE RECYCLING PROCESS;
(D) WHETHER THE PACKAGING AND PAPER PRODUCTS ARE NONFOOD CONTACT PACK-
AGING THAT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS
A HIGH REUSE OR REFILL RATE;
(E) THE COMMODITY VALUE OF PACKAGING AND PAPER PRODUCTS; AND
(F) CONTRIBUTIONS TO GREENHOUSE GAS EMISSIONS FROM THE PRODUCTION,
USE, COLLECTION, PROCESSING, AND MARKETING OF THE PACKAGING OR PAPER
PRODUCT.
(III) A PROPOSED SPECIAL ASSESSMENT CHARGE ON SPECIFIC CATEGORIES OF
COVERED PACKAGING AND PAPER PRODUCTS AT THE REQUEST OF RESPONSIBLE ENTI-
TIES REPRESENTING AND APPROVED BY THE ADVISORY COMMITTEE IF THE NATURE
S. 8008 90 A. 9008
OF THE COVERED PACKAGING AND PAPER PRODUCT IMPOSES UNUSUAL COSTS IN
COLLECTION OR PROCESSING OR REQUIRES SPECIAL ACTIONS TO ADDRESS EFFEC-
TIVE ACCESS TO RECYCLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING
FACILITIES. THE REVENUE FROM THE SPECIAL ASSESSMENT SHALL BE USED TO
MAKE SYSTEM IMPROVEMENTS FOR THE SPECIFIC COVERED PACKAGING AND PAPER
PRODUCTS ON WHICH THE SPECIAL ASSESSMENT WAS APPLIED;
(IV) HOW CHARGES SHALL BE ADJUSTED BASED UPON THE PERCENTAGE OF POST-
CONSUMER RECYCLED CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER RECYCLED
CONTENT SHALL BE VERIFIED EITHER BY THE PRODUCER RESPONSIBILITY ORGAN-
IZATION OR BY AN INDEPENDENT PARTY DESIGNATED BY THE DEPARTMENT TO
ENSURE THAT SUCH PERCENTAGE MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS IN
THE PACKAGING OR PAPER PRODUCT, AS LONG AS THE RECYCLED CONTENT DOES NOT
DISRUPT THE POTENTIAL FOR FUTURE RECYCLING; AND
(V) HOW ACTIVITY-BASED COSTS ARE CALCULATED AND DISPERSED FOR SERVICES
UTILIZED BY A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER
RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION IF THE
WASTE HAULERS, RECYCLABLES HANDLING AND RECOVERY FACILITIES, RECYCLERS,
AND MUNICIPALITIES, AND OTHER SERVICE PROVIDERS ELECT TO PARTICIPATE AND
BE COMPENSATED BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION
IN THE RECOVERY, RECYCLING, AND PROCESSING OF PACKAGING AND PAPER
PRODUCTS. THE ACTIVITY-BASED COST MECHANISM SHALL BE BASED ON THE COST
OF CONSUMER RECYCLING COLLECTION, ON-SITE PROCESSING COST FOR EACH READ-
ILY-RECYCLABLE MATERIAL, PROCESSING COST OF NON-READILY RECYCLABLE MATE-
RIAL TYPES, TRANSPORTATION COST OF RECYCLING FOR EACH MATERIAL TYPE,
DISPOSAL COSTS FOR ANY RESIDUAL OR NON-RECYCLABLE MATERIAL, AND ANY
OTHER COST FACTORS AS DETERMINED BY THE ADVISORY COMMITTEE OR DEPART-
MENT.
(F) MUNICIPAL AND PRIVATE ENTITY REIMBURSEMENT. A DESCRIPTION OF THE
PROCESS FOR MUNICIPALITIES OR PRIVATE ENTITIES (SUCH AS SOLID WASTE
COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER
PARTICIPATING SERVICE PROVIDERS) OPERATING UNDER THE PRODUCER OR PRODUC-
ER RESPONSIBILITY ORGANIZATION'S PLAN, TO RECOUP REASONABLE COSTS FROM
THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION FOR THE ACTIVITY-
BASED COSTS, INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, COLLECTION,
SORTING, TRANSPORTATION, CAPITAL IMPROVEMENT, OR PROCESSING COSTS. THE
MUNICIPALITY OR PRIVATE ENTITY MAY NOT PASS ON TO THE CONSUMER COSTS FOR
WHICH IT HAS BEEN PAID BY THE PRODUCER OR PRODUCER RESPONSIBILITY ORGAN-
IZATION. TO FACILITATE THE PRODUCER'S OR PRODUCER RESPONSIBILITY ORGAN-
IZATION'S DETERMINATION OF ACTIVITY-BASED COSTS, PARTICIPATING MUNICI-
PALITIES AND PRIVATE ENTITIES SHALL REPORT DATA RELATED TO THEIR COSTS
AND THE VALUE OF MATERIALS TO THE PRODUCER OR PRODUCER RESPONSIBILITY
ORGANIZATION. COST CALCULATIONS SHALL ACCOUNT FOR REVENUE GENERATED FROM
RECYCLABLE MATERIALS.
(G) OUTREACH AND EDUCATION. A DESCRIPTION OF THE PRODUCER'S OR PRODUC-
ER RESPONSIBILITY ORGANIZATION'S PUBLIC OUTREACH AND EDUCATION PROGRAM
FOR CONSUMERS AND OTHER STAKEHOLDERS.
(I) THE PLAN SHALL ADDRESS HOW THE OUTREACH AND EDUCATION PROGRAM
WILL:
(A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF PACKAGING AND PAPER
PRODUCTS EXTENDED PRODUCER RESPONSIBILITY UNDER THIS TITLE, INCLUDING
THE PREVENTION OF CONTAMINATION OF PRODUCTS;
(B) BE COORDINATED ACROSS PRODUCER AND PRODUCER RESPONSIBILITY ORGAN-
IZATION PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; AND
(C) CONSULT WITH MUNICIPALITIES AND OTHER STAKEHOLDERS, COORDINATE
WITH AND ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS,
S. 8008 91 A. 9008
SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES,
AND DEVELOP AND PROVIDE OUTREACH AND EDUCATION TO THE DIVERSE POPU-
LATIONS IN THE STATE, INCLUDING UTILIZING A VARIETY OF OUTREACH AND
EDUCATION TOOLS AND ENSURING MATERIALS ARE ACCESSIBLE TO ALL PERSONS AND
ARE PROVIDED IN MULTIPLE LANGUAGES.
(II) PARTICIPATING PRODUCERS SHALL LABEL OR MARK PACKAGING AND PAPER
PRODUCTS IN ACCORDANCE WITH CURRENT LABELING RULES, LAWS, OR REGULATIONS
WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCL-
ING PACKAGING AND PAPER PRODUCTS, RESPONSIBLY COMPOSTING PACKAGING AND
PAPER PRODUCTS, AND EDUCATING CONSUMERS ABOUT THE PERCENTAGE OF POST-
CONSUMER RECYCLED CONTENT.
(III) DETAILS ON THE FOLLOWING COMPONENTS OF THE OUTREACH AND EDUCA-
TION PROGRAM SHALL BE PROVIDED IN THE PLAN, AND AVAILABLE TO CONSUMERS
AND OTHER STAKEHOLDERS ON THE PRODUCER'S OR PRODUCER RESPONSIBILITY
ORGANIZATION'S PUBLIC EDUCATION PROGRAM WEBSITE:
(A) PROPER END-OF-LIFE MANAGEMENT OF PACKAGING, PAPER PRODUCTS AND
BEVERAGE CONTAINERS;
(B) THE LOCATION AND AVAILABILITY OF RECYCLING COLLECTION;
(C) HOW TO PREVENT LITTER OF PACKAGING, PAPER PRODUCTS, AND BEVERAGE
CONTAINERS;
(D) INFORMATION ON HOW CONSUMERS CAN REDUCE THEIR CONSUMPTION FOR
SINGLE-USE PACKAGING AND PAPER PRODUCTS IN FAVOR OF MORE REUSABLE MATE-
RIALS;
(E) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE-
WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL
LAWS AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY ACCES-
SIBLE; AND
(F) A DESCRIPTION OF THE PROCESS FOR ANSWERING STAKEHOLDER QUESTIONS
AND RESOLVING ANY ISSUES.
(IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE
OUTREACH, EDUCATION, AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR
EXCEEDING THE MINIMUM POST-CONSUMER CONTENT, MINIMUM RECOVERY RATES, AND
MINIMUM RECYCLING RATES, AS SPECIFIED BY THE DEPARTMENT IN REGULATION.
(H) EXISTING INFRASTRUCTURE. HOW THE PRODUCER IMPLEMENTING AN INDIVID-
UAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR THE PRODUCER RESPONSI-
BILITY ORGANIZATION WILL WORK WITH EXISTING WASTE HAULERS, RECYCLABLES
HANDLING AND RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES TO OPER-
ATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL COLLECTION
METHODS.
(I) CONVENIENCE. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING AN
INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
SIBILITY ORGANIZATION INTENDS TO MEET THE CONVENIENCE REQUIREMENTS SET
FORTH AS FOLLOWS:
(I) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR
WIDESPREAD, FREE, CONVENIENT, AND EQUITABLE CONSUMER ACCESS TO
COLLECTION OPPORTUNITIES FOR THE PACKAGING AND PAPER PRODUCTS IDENTIFIED
UNDER THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S PROGRAM
PLAN.
(II) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL ENSURE
SERVICES, THAT ARE AT LEAST AS CONVENIENT AS THE PREVIOUS COLLECTION
SCHEMA IN A PARTICULAR JURISDICTION, CONTINUE FOR ALL CONSUMERS AS OF
THE EFFECTIVE DATE OF THIS TITLE.
S. 8008 92 A. 9008
(III) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL ENSURE
SERVICES THAT COLLECT COVERED PACKAGING AND PAPER PRODUCTS GENERATED BY
BUSINESS ESTABLISHMENTS ARE AT LEAST AS ORDERLY AND EFFICIENT AS THE
PREVIOUS COLLECTION SCHEMA AS OF THE EFFECTIVE DATE OF THIS TITLE.
(IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION MAY RELY ON A
RANGE OF MEANS TO COLLECT VARIOUS CATEGORIES OF PACKAGING AND PAPER
PRODUCTS INCLUDING, BUT NOT LIMITED TO, CURBSIDE COLLECTION, FACILITY
DROP-OFF, AND EVENTS, SO LONG AS PACKAGING AND PAPER PRODUCTS COLLECTION
OPTIONS INCLUDE RECYCLING COLLECTION SERVICES IF:
(A) THE CATEGORY OF PACKAGING AND PAPER PRODUCTS IS SUITABLE FOR RECY-
CLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIV-
ING THE COLLECTED MATERIAL;
(B) THE PROVIDER OF THE RECYCLING COLLECTION SERVICE AGREES TO INCLUDE
THE CATEGORY OF PACKAGING AND PAPER PRODUCTS AS AN ACCEPTED MATERIAL;
(C) THE PACKAGING AND PAPER PRODUCTS CATEGORY IS NOT HANDLED THROUGH A
DEPOSIT AND RETURN SCHEME, OTHER EXTENDED PRODUCER RESPONSIBILITY
PROGRAM, OR BUY BACK SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER
THAN RECYCLING COLLECTION; AND
(D) THE PROVIDER OF THE RECYCLING COLLECTION SERVICE AGREES TO THE
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM'S OR PRODUCER RESPONSIBILITY ORGANIZATION'S ACTIVITY-BASED COSTS
ARRANGEMENT.
(V) WHERE RECYCLING COLLECTION IS NOT AVAILABLE AND DROP-OFF
COLLECTION FACILITIES ARE UTILIZED, CONSUMERS SHALL HAVE FREE AND EQUI-
TABLE ACCESS TO FACILITIES THAT ARE WITHIN FIFTEEN MILES OF AT LEAST
NINETY-FIVE PERCENT OF THE JURISDICTION'S POPULATION UNSERVED BY RECYCL-
ING COLLECTION.
(J) MINIMUM RECYCLING, RECOVERY AND CONTENT RATES. A DESCRIPTION OF
HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION INTENDS TO MEET
OR EXCEED THE MINIMUM RECYCLING RATE, MINIMUM RECOVERY RATE, AND MINIMUM
POST-CONSUMER RECYCLED CONTENT RATES FOR PACKAGING OR PAPER PRODUCTS, BY
MATERIAL TYPE, AS SPECIFIED BY THE DEPARTMENT IN REGULATION.
(K) END-OF-LIFE MANAGEMENT PROCESSES. A DESCRIPTION OF THE PROCESS FOR
END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL, FOR EACH
COMPONENT MATERIAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
(L) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION
SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM PROCESSORS
ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING RECYCLED FEEDSTOCK
IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT OBJECTIVES.
(M) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION WILL
WORK WITH PRODUCERS TO HELP REDUCE A PRODUCER'S TOTAL AMOUNT OF NON-
REUSABLE PACKAGING.
(N) PACKAGING AND PAPER PRODUCTS REDUCTION. A DESCRIPTION OF HOW A
PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE
PACKAGING AND PAPER PRODUCTS THROUGH PRODUCT DESIGN AND PROGRAM INNO-
VATIONS.
(O) CONSUMER CONCERNS PROCESS. A PROCESS TO ADDRESS CONCERNS AND QUES-
TIONS FROM CONSUMERS.
(P) ADDITIONAL INFORMATION. ANY OTHER INFORMATION AS SPECIFIED BY THE
DEPARTMENT.
4. (A) NO LATER THAN NINETY DAYS AFTER THE SUBMISSION OF THE PRODUCER
RESPONSIBILITY PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER TO APPROVE
S. 8008 93 A. 9008
THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE
PLAN.
(B) THE DEPARTMENT SHALL CONSIDER THE FOLLOWING IN DETERMINING WHETHER
TO APPROVE A PLAN:
(I) WHETHER THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN
THIS SECTION;
(II) WHETHER THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION
WITH THE ADVISORY COMMITTEE AND HAS PROVIDED AN OPPORTUNITY FOR ADVISORY
COMMITTEE INPUT IN THE DEVELOPMENT OF THE PLAN PRIOR TO SUBMISSION OF
THE PLAN;
(III) WHETHER THE PLAN ADEQUATELY PROVIDES FOR:
(A) THE PRODUCER RESPONSIBILITY ORGANIZATION COLLECTING AND FUNDING
THE COSTS OF COLLECTING AND PROCESSING PACKAGING AND PAPER PRODUCTS
COVERED BY THE PLAN AND REIMBURSING A MUNICIPALITY OR PRIVATE ENTITY;
(B) THE FUNDING MECHANISM TO COVER THE ENTIRE COST OF THE PRODUCER
RESPONSIBILITY ORGANIZATION'S PROGRAM;
(C) CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR
COLLECTION SERVICES;
(D) AN EVALUATION SYSTEM FOR THE PROGRAM CHARGE STRUCTURE, WHICH SHALL
BE EVALUATED ON AN ANNUAL BASIS BY THE PRODUCER RESPONSIBILITY ORGANIZA-
TION AND ADVISORY COMMITTEE AND RESUBMITTED TO THE DEPARTMENT ANNUALLY;
AND
(E) EFFECTIVE CONSUMER OUTREACH AND EDUCATION.
(IV) WHETHER THE PLAN SATISFACTORILY PROVIDES FOR HOW THE PRODUCER
IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
THE PRODUCER RESPONSIBILITY ORGANIZATION WILL MEET THE MINIMUM POST-CON-
SUMER CONTENT RATES, RECOVERY RATES, AND RECYCLING RATES, AS SPECIFIED
BY THE DEPARTMENT IN REGULATION, WHICH WILL CREATE OR ENHANCE MARKETS
FOR RECYCLED MATERIALS; AND
(V) WHETHER THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO
RECYCLE COVERED PACKAGING AND PAPER PRODUCTS THAT MEETS OR EXCEEDS THE
CONVENIENCE CRITERIA SET FORTH IN PARAGRAPH (I) OF SUBDIVISION THREE OF
SECTION 27-3307 OF THIS TITLE.
(C) THE DEPARTMENT MAY DENY A PLAN. (I) IF A PLAN IS DENIED, THE
DEPARTMENT SHALL INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION
IN WRITING AS TO ANY DEFICIENCIES IN SAID PLAN. A PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY DENIED PLANS
FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE DENIAL OF
SAID PLAN. THE DEPARTMENT SHALL APPROVE OR DENY SAID PLAN WITHIN THIRTY
DAYS OF RESUBMISSION.
(II) IF A PLAN IS DENIED A SECOND TIME, THE DEPARTMENT WILL PROVIDE
THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION WITH DIRECTION FOR MEET-
ING ANY ADDITIONAL REQUIRED ELEMENTS OF THE PLAN IT DEEMS NECESSARY.
(D) THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVAL PLAN AT ANY
TIME FOR JUST CAUSE. IF A PLAN IS RESCINDED, THE DEPARTMENT SHALL
INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION IN WRITING AS
TO ANY AND ALL REASONS WHY THE PLAN WAS RESCINDED. A PRODUCER IMPLEMENT-
ING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY RESCINDED PLANS
FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE RESCISSION
OF SAID PLAN. THE DEPARTMENT SHALL APPROVE OR REJECT SAID PLAN WITHIN
THIRTY DAYS OF RESUBMISSION.
S. 8008 94 A. 9008
5. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL NOTIFY THE
DEPARTMENT OF ANY MODIFICATION TO THE PROGRAM. IF THE DEPARTMENT DETER-
MINES THAT THE PRODUCER RESPONSIBILITY PLAN HAS BEEN SUBSTANTIALLY MODI-
FIED, THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, AFTER
CONSULTATION WITH THE ADVISORY COMMITTEE, SHALL SUBMIT A PROPOSED PLAN
AMENDMENT DESCRIBING THE CHANGES TO THE DEPARTMENT WITHIN NINETY DAYS OF
THE DETERMINATION. WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED AMENDED
PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER THE AMENDED PLAN COMPLIES
WITH THIS TITLE. THE DEPARTMENT SHALL SEND A LETTER NOTIFYING THE
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION OF: (A) APPROVAL; OR (B)
DISAPPROVAL, INCLUDING THE REASONS FOR REJECTING THE PLAN. THE PRODUCER
IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE THE DEPARTMENT'S
LETTER OF DISAPPROVAL TO THE ADVISORY COMMITTEE. THE PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL SUBMIT A REVISED PLAN WITHIN
SIXTY DAYS AFTER RECEIPT OF THE LETTER OF DISAPPROVAL.
6. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL REIMBURSE
THE DEPARTMENT ANNUALLY AT THE TIME OF ANNUAL REPORTING FOR ALL ADMINIS-
TRATIVE COSTS ASSOCIATED WITH OVERSIGHT OF THE PROGRAM, WHICH SHALL BE
DEPOSITED TO THE CREDIT OF THE STEWARDSHIP ORGANIZATION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
§ 27-3309. REPORTING REQUIREMENTS AND AUDITS.
1. FIFTEEN MONTHS AFTER THE FIRST PLAN OF A PRODUCER IMPLEMENTING AN
INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
SIBILITY ORGANIZATION IS IMPLEMENTED, AND ANNUALLY THEREAFTER, EACH
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM, OR EACH PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A
REPORT TO THE DEPARTMENT THAT DETAILS THE PRIOR CALENDAR YEAR'S PROGRAM.
THE REPORT SHALL BE POSTED ON THE WEBSITE OF THE PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION.
2. SUCH ANNUAL REPORT SHALL INCLUDE:
(A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
AND PROCESS PACKAGING AND PAPER PRODUCTS INCLUDING DETAILING COLLECTION
METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S
COLLECTION CONVENIENCE;
(B) A DETAILED DESCRIPTION OF THE AMOUNT OF PACKAGING AND PAPER
PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE
STATE ON AN ANNUAL BASIS, INCLUDING A PERCENTAGE OF PACKAGING AND PAPER
PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE
STATE THROUGH INTERNET TRANSACTIONS;
(C) THE WEIGHT OF PACKAGING AND PAPER PRODUCTS COLLECTED FOR REUSE OR
RECYCLING IN THE STATE, BY MATERIAL TYPE;
(D) THE WEIGHT, BY MATERIAL TYPE, OF PACKAGING AND PAPER PRODUCTS
COLLECTED FOR REUSE OR RECYCLING IN THE STATE BY THE METHOD OF DISPOSI-
TION;
(E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
(F) FINANCIAL STATEMENTS DETAILING ALL DEPOSITS RECEIVED AND
REIMBURSEMENTS PAID BY THE PRODUCERS COVERED BY THE APPROVED PLAN;
(G) A DETAILED ACCOUNTING OF HOW THE PROGRAM COMPENSATED MUNICI-
PALITIES, SOLID WASTE COLLECTION, TRANSPORTATION, SORTING, AND REPROC-
S. 8008 95 A. 9008
ESSING COMPANIES, AND OTHER ENTITIES, FOR THEIR RECYCLING EFFORTS AND
OTHER RELATED SERVICES;
(H) A DESCRIPTION OF INVESTMENTS MADE IN INFRASTRUCTURE AND MARKET
DEVELOPMENT IN NEW YORK STATE AS RELATED TO THE NEEDS IDENTIFIED,
INCLUDING THE AMOUNT SPENT EXPRESSED AS A PERCENTAGE OF THE PROGRAM'S
TOTAL ANNUAL EXPENDITURES;
(I) A DESCRIPTION OF INVESTMENT MADE AND AN EVALUATION OF THE EFFEC-
TIVENESS OF OUTREACH AND EDUCATION EFFORTS TO DETERMINE WHETHER CHANGES
ARE NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION EFFORTS. IF THE
DEPARTMENT DETERMINES IMPROVEMENTS ARE NECESSARY, THE PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL DEVELOP NEW AND IMPROVED
OUTREACH AND EDUCATION METHODS FOR APPROVAL BY THE DEPARTMENT;
(J) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OR
OTHER ENTITIES;
(K) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
(L) THE ACHIEVED POST-CONSUMER RECYCLED CONTENT RATES, RECOVERY RATES,
AND RECYCLING RATES FOR PACKAGING AND PAPER PRODUCT MATERIAL TYPES, HOW
THE RATES WERE DERIVED, AND A DISCUSSION OF HOW THESE RATES MAY BE
IMPROVED. IF, UPON CONSULTATION WITH THE ADVISORY COMMITTEE, THERE IS
REASON TO ADJUST MINIMUM RATES, THE ANNUAL REPORT SHALL INCLUDE
SUGGESTIONS AND JUSTIFICATIONS FOR THE DEPARTMENT TO CONSIDER REVISION
OF SUCH RATES IN REGULATION;
(M) A DETAILED DESCRIPTION OF ANY EFFORTS UNDERTAKEN TO REDUCE THE
AMOUNT OF PACKAGING USED; CHANGES IN MATERIAL TYPES USED IN PACKAGING
THAT HAVE HELPED TO IMPROVE RECYCLABILITY, POST-CONSUMER RECYCLED
CONTENT RATES, RECOVERY RATES, RECYCLING RATES FOR PACKAGING, GREENHOUSE
GAS EMISSIONS, AND THE RESULT ON PROGRAM IMPLEMENTATION COSTS THROUGH
SUCH EFFORTS;
(N) A DISCUSSION ON THE FEASIBILITY TO INCREASE CONSUMER CONVENIENCE
THROUGH CURBSIDE COLLECTION, FACILITY DROP-OFF, EVENTS OR OTHER ALTERNA-
TIVES, AND TO EXPAND THE PROGRAM, FOR EXAMPLE, TO INCLUDE ADDITIONAL
SERVICE TO CONSUMERS WITHOUT PREVIOUS ACCESS TO RECYCLING COLLECTION,
AND PUBLIC SPACES, AS WELL AS A DISCUSSION ON HOW THE PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION PLANS FOR CONTINUOUS IMPROVEMENT;
AND
(O) AN EVALUATION OF THE FEASIBILITY AND RECOMMENDATION FOR ADDING
BEVERAGES IN BEVERAGE CONTAINERS AS DEFINED IN TITLE TEN OF THIS ARTICLE
TO THE COVERED PACKAGING AND PAPER PRODUCTS DEFINITION OF THIS TITLE.
3. PRIOR TO THE SUBMISSION OF THE ANNUAL REPORT, ALL DATA AND INFORMA-
TION THAT IS MATERIAL TO THE DEPARTMENT'S REVIEW OF THE PROGRAM'S
COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE SHALL BE ANNUALLY AUDITED
AND VERIFIED BY AN INDEPENDENT THIRD-PARTY AUDITOR, APPROVED BY THE
DEPARTMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, A REVIEW AND VERIFICA-
TION OF ALL FINANCIAL DOCUMENTATION AND ALL INFORMATION RELATED TO THE
MATERIAL RECYCLING RATES, RECOVERY RATES, AND THE POST-CONSUMER RECYCLED
CONTENT RATES. A COPY OF THE INDEPENDENT AUDIT SHALL BE INCLUDED IN THE
ANNUAL REPORT.
4. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN-
TIAL INFORMATION THAT THE DEPARTMENT DETERMINES TO BE TRADE SECRETS,
CONFIDENTIAL COMMERCIAL INFORMATION OR CRITICAL INFRASTRUCTURE INFORMA-
TION, IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND THE
DEPARTMENT'S RULES AND REGULATIONS PROMULGATED PURSUANT THERETO.
S. 8008 96 A. 9008
§ 27-3311. ANTITRUST PROTECTIONS.
A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION THAT ORGANIZES THE
COLLECTION, TRANSPORTATION, AND PROCESSING OF PACKAGING AND PAPER
PRODUCTS, IN ACCORDANCE WITH A PRODUCER RESPONSIBILITY PROGRAM PLAN
APPROVED UNDER THIS TITLE, SHALL NOT BE LIABLE FOR ANY CLAIM OF A
VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR UNFAIR TRADE PRACTICE
ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM PURSUANT
TO THIS TITLE; PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO ANY
AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OF PACKAGING OR A PAPER
PRODUCT, OR THE OUTPUT OR PRODUCTION OF ANY AGREEMENT RESTRICTING THE
GEOGRAPHIC AREA OR CUSTOMERS TO WHICH PACKAGING OR A PAPER PRODUCT WILL
BE SOLD.
§ 27-3313. PENALTIES.
1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED
PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE
PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH
VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
2. (A) ANY PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION WHO
VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT
TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR
ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT
THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE
PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH
VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE
HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR
A SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR VIOLATION,
THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A
CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL
PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR EACH DAY DURING
WHICH SUCH VIOLATION CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION
COMMITTED WITHIN TWELVE MONTHS OF ANY PRIOR VIOLATION, THE PRODUCER
IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
NOT TO EXCEED TWENTY THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF SIX
THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
(B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA-
TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED
AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE
AND ARTICLE SEVENTY-ONE OF THIS CHAPTER.
3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR
PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL DENIED.
4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
S. 8008 97 A. 9008
DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND AS ESTAB-
LISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
§ 27-3315. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO ACTIVITY-BASED COSTS AND
FUNDING MECHANISMS OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING TO
THE RECOVERY OF PACKAGING AND PAPER PRODUCTS BY THIS TITLE, IS VESTED
EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE,
OR ANY RULE OR REGULATION PROMULGATED THERETO, GOVERNING PACKAGING AND
PAPER PRODUCTS RECYCLING SHALL, UPON THE EFFECTIVE DATE OF THIS TITLE,
BE PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION SHALL
PRECLUDE A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE
COLLECTION OF PACKAGING AND PAPER PRODUCTS.
§ 27-3317. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
THE DEPARTMENT SHALL HAVE THE AUTHORITY TO PROMULGATE RULES AND REGU-
LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE.
§ 27-3319. EXTENDED PRODUCER RESPONSIBILITY REPORTING TO THE GOVERNOR
AND LEGISLATURE.
1. (A) BY NOVEMBER FIRST, TWO THOUSAND TWENTY-FOUR, AND BIENNIALLY
THEREAFTER, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR AND LEGISLATURE
A REPORT THAT INCLUDES THE FOLLOWING:
(I) A REVIEW AND EVALUATION OF THE PERFORMANCE OF EXISTING EXTENDED
PRODUCER RESPONSIBILITY PROGRAMS IN THE STATE;
(II) RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE THROUGH LEGISLATION
TO IMPROVE EXISTING EXTENDED PRODUCER RESPONSIBILITY PROGRAMS;
(III) RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE THROUGH LEGISLATION
TO PROMOTE THE REDUCTION TARGETS THROUGH THE PROMOTION OF REUSABLE
PRODUCTS OR SOURCE REDUCTION; AND
(IV) DRAFT LEGISLATION REQUIRED TO AMEND AN EXISTING EXTENDED PRODUCER
RESPONSIBILITY PROGRAM BASED ON RECOMMENDATIONS IN PARAGRAPH (B) OF THIS
SUBDIVISION.
(B) THE REPORT SUBMITTED IN ACCORDANCE WITH THIS SECTION SHALL FULFILL
THE REQUIREMENTS FOUND IN SUBDIVISION FOUR OF SECTION 27-1807, SUBDIVI-
SION TWO OF SECTION 27-2005, AND SUBDIVISION FOUR OF SECTION 27-2617 OF
THIS ARTICLE, AND FUTURE BIENNIAL REPORTS ON EXTENDED PRODUCER RESPONSI-
BILITY PROGRAMS REQUIRED OF THE DEPARTMENT TO BE PROVIDED TO THE GOVER-
NOR AND LEGISLATURE.
2. THE DEPARTMENT SHALL COLLECT INFORMATION AVAILABLE IN THE PUBLIC
DOMAIN REGARDING POTENTIAL PRODUCTS IN THE WASTE STREAM TO ASSIST IN
DESIGNATING PRODUCTS OR PRODUCT CATEGORIES FOR EXTENDED PRODUCER RESPON-
SIBILITY PROGRAMS IN ACCORDANCE WITH THIS TITLE. AT THE DEPARTMENT'S
DISCRETION, A REPORT SHALL BE SUBMITTED TO THE GOVERNOR AND LEGISLATURE
WHICH SHALL CONTAIN THE FOLLOWING:
(A) RECOMMENDATIONS FOR ESTABLISHING NEW EXTENDED PRODUCER RESPONSI-
BILITY PROGRAMS. THE DEPARTMENT MAY IDENTIFY A POTENTIAL PRODUCT OR
PRODUCT CATEGORY AS A CANDIDATE FOR AN EXTENDED PRODUCER RESPONSIBILITY
PROGRAM IF IT IS DETERMINED AFTER EVALUATION OF EACH OF THE FOLLOWING
THAT:
(I) THE POTENTIAL PRODUCT OR PRODUCT CATEGORY IS FOUND TO CONTAIN
TOXINS THAT POSE THE RISK OF AN ADVERSE IMPACT TO THE ENVIRONMENT OR
PUBLIC HEALTH AND SAFETY; OR
(II) AN EXTENDED PRODUCER RESPONSIBILITY PROGRAM FOR THE POTENTIAL
PRODUCT OR PRODUCT CATEGORY WILL INCREASE THE RECOVERY OF MATERIALS FOR
REUSE AND RECYCLING AND REDUCE THE NEED FOR USE OF VIRGIN MATERIALS; OR
(III) AN EXTENDED PRODUCER RESPONSIBILITY PROGRAM FOR THE POTENTIAL
PRODUCT OR PRODUCT CATEGORY WILL REDUCE THE COSTS OF WASTE MANAGEMENT TO
LOCAL GOVERNMENTS AND TAXPAYERS; OR
S. 8008 98 A. 9008
(IV) AN EXTENDED PRODUCER RESPONSIBILITY PROGRAM FOR THE POTENTIAL
PRODUCT OR PRODUCT CATEGORY WILL ENHANCE ENERGY CONSERVATION OR MITIGATE
CLIMATE CHANGE IMPACTS; OR
(V) AN EXTENDED PRODUCER RESPONSIBILITY PROGRAM FOR THE POTENTIAL
PRODUCT OR PRODUCT CATEGORY WILL BE BENEFICIAL FOR EXISTING AND NEW
BUSINESSES AND INFRASTRUCTURE TO MANAGE THE PRODUCTS AND LEAD TO THE
DEVELOPMENT OF NEW INDUSTRIES TO UTILIZE THE RECOVERED MATERIALS; OR
(VI) THERE EXISTS PUBLIC DEMAND FOR AN EXTENDED PRODUCER RESPONSIBIL-
ITY PROGRAM FOR THE POTENTIAL PRODUCT OR PRODUCT CATEGORY; OR
(VII) THERE IS SUCCESS IN COLLECTING AND PROCESSING SIMILAR TYPES OF
PRODUCTS IN PROGRAMS IN OTHER STATES OR COUNTRIES; OR
(VIII) EXISTING VOLUNTARY EXTENDED PRODUCER RESPONSIBILITY PROGRAMS
FOR THE POTENTIAL PRODUCT OR PRODUCT CATEGORY IN THE STATE ARE NOT
EFFECTIVE IN ACHIEVING THE POLICY OF THIS CHAPTER; AND
(B) DRAFT LEGISLATION REQUIRED TO IMPLEMENT AND ENFORCE AN EXTENDED
PRODUCER RESPONSIBILITY PROGRAM FOR A POTENTIAL PRODUCT OR PRODUCT CATE-
GORY RECOMMENDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
3. AT LEAST THIRTY DAYS PRIOR TO SUBMITTING THE REPORT PURSUANT TO
SUBDIVISION TWO OF THIS SECTION TO THE GOVERNOR AND LEGISLATURE, THE
DEPARTMENT SHALL POST THE REPORT ON ITS PUBLICLY ACCESSIBLE WEBSITE.
WITHIN THAT PERIOD, A PERSON MAY SUBMIT TO THE DEPARTMENT WRITTEN
COMMENTS REGARDING THE REPORT. THE DEPARTMENT SHALL SUBMIT ALL PUBLIC
COMMENTS RECEIVED TO THE GOVERNOR AND LEGISLATURE WITH THE REPORT.
§ 27-3321. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF
TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 3. The state finance law is amended by adding a new section 92-kk to
read as follows:
§ 92-KK. STEWARDSHIP ORGANIZATION FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
THE DEPARTMENT OF TAXATION AND FINANCE, A SPECIAL FUND TO BE KNOWN AS
THE "STEWARDSHIP ORGANIZATION FUND".
2. THE STEWARDSHIP ORGANIZATION FUND SHALL CONSIST OF ALL REVENUE
COLLECTED FROM FEES PURSUANT TO TITLE THIRTY-THREE OF ARTICLE TWENTY-
SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES OR
OTHER REVENUES COLLECTED PURSUANT TO TITLE THIRTY-THREE OF ARTICLE TWEN-
TY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY OTHER MONIES
DEPOSITED INTO THE FUND PURSUANT TO LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE USED FOR EXECUTION OF THE PROGRAM PURSUANT TO TITLE THIRTY-
THREE OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, AND
EXPENDED FOR THE PURPOSES AS SET FORTH IN TITLE THIRTY-THREE OF ARTICLE
TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 4. This act shall take effect immediately.
PART SS
Section 1. Title 2 of article 37 of the environmental conservation law
is REPEALED and a new title 2 is added to read as follows:
TITLE 2
TOXICS IN PACKAGING ACT
SECTION 37-0201. LEGISLATIVE FINDINGS AND INTENT.
37-0203. SHORT TITLE AND DEFINITIONS.
37-0205. PROHIBITIONS.
S. 8008 99 A. 9008
37-0207. CERTIFICATE OF COMPLIANCE.
37-0209. VIOLATIONS.
37-0211. REGULATIONS.
37-0213. SEVERABILITY.
§ 37-0201. LEGISLATIVE FINDINGS AND INTENT.
THE LEGISLATURE FINDS AND DECLARES THAT:
1. THE MANAGEMENT OF SOLID WASTE CAN POSE A WIDE RANGE OF HAZARDS TO
PUBLIC HEALTH AND SAFETY AND TO THE ENVIRONMENT; AND
2. PACKAGING COMPRISES A SIGNIFICANT PERCENTAGE OF THE OVERALL SOLID
WASTE STREAM; AND
3. THE PRESENCE OF CHEMICALS, SUCH AS HEAVY METALS, IN PACKAGING IS A
PART OF THE TOTAL CONCERN IN LIGHT OF THEIR LIKELY PRESENCE IN EMISSIONS
OR ASH WHEN PACKAGING IS INCINERATED, OR IN LEACHATE WHEN PACKAGING IS
LANDFILLED; AND
4. LEAD, MERCURY, CADMIUM, HEXAVALENT CHROMIUM, PFAS, AND PHTHALATES,
ON THE BASIS OF AVAILABLE SCIENTIFIC AND MEDICAL EVIDENCE, ARE OF
PARTICULAR CONCERN; AND
5. IT IS DESIRABLE AS A FIRST STEP IN REDUCING THE TOXICITY OF PACKAG-
ING WASTE TO ELIMINATE THE ADDITION OF THESE CHEMICALS TO PACKAGING; AND
6. THE INTENT OF THIS TITLE IS TO ACHIEVE THIS REDUCTION IN TOXICITY
WITHOUT IMPEDING OR DISCOURAGING THE EXPANDED USE OF POST-CONSUMER MATE-
RIALS IN THE PRODUCTION OF PACKAGING AND ITS COMPONENTS.
§ 37-0203. SHORT TITLE AND DEFINITIONS.
1. THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED AS THE "TOXICS IN
PACKAGING ACT".
2. FOR THE PURPOSE OF THIS TITLE, THE TERM:
A. "DISTRIBUTE" MEANS TO OFFER FOR SALE, BARTER, EXCHANGE, GIVE, OR
SUPPLY.
B. "DISTRIBUTOR" MEANS THE IMPORTER, OR FIRST DOMESTIC DISTRIBUTOR OF
A PACKAGE OR PACKAGING COMPONENT, IF THE PERSON WHO CURRENTLY MANUFAC-
TURERS OR ASSEMBLES THE PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED
STATES. PERSONS INVOLVED SOLELY IN DELIVERING A PACKAGE OR PACKAGING
COMPONENT ON BEHALF OF THIRD PARTIES ARE NOT CONSIDERED DISTRIBUTORS.
C. "FOOD PACKAGING" MEANS A PACKAGE OR PACKAGING COMPONENT THAT IS
INTENDED FOR DIRECT FOOD CONTACT AND IS COMPRISED OF IN SUBSTANTIAL
PART, BUT NOT LIMITED TO, PAPER, PAPERBOARD, OR OTHER MATERIALS
ORIGINALLY DERIVED FROM PLANT FIBERS.
D. "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A PACK-
AGE OR PACKAGING COMPONENT, OR WHOSE BRAND NAME IS AFFIXED TO SUCH PACK-
AGE OR PACKAGING COMPONENT. IN THE CASE OF A PACKAGE OR PACKAGING COMPO-
NENT THAT WAS IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES
THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PACKAGE OR PACKAGING
COMPONENT IF THE PERSON WHO CURRENTLY MANUFACTURES OR ASSEMBLES THE
PACKAGE OR PACKAGING COMPONENT OR WHOSE BRAND NAME IS AFFIXED TO SUCH
PACKAGE OR PACKAGING COMPONENT DOES NOT HAVE A PRESENCE IN THE UNITED
STATES.
E. "PACKAGE" MEANS ANY CONTAINER PRODUCED DOMESTICALLY OR INTERNA-
TIONALLY THAT MARKETS, PROTECTS, OR ALLOWS FOR THE HANDLING OF A PRODUCT
AND SHALL INCLUDE A UNIT PACKAGE, AN INTERMEDIATE PACKAGE, OR A SHIPPING
CONTAINER. "PACKAGE" SHALL ALSO MEAN AND INCLUDE SUCH UNSEALED RECEPTA-
CLES AS CARRYING CASES, CRATES, CUPS, PAILS, TUBS, RIGID FOIL AND OTHER
TRAYS, WRAPPERS, WRAPPING FILMS, AND BAGS.
F. "PACKAGING COMPONENT" MEANS ANY INDIVIDUAL ASSEMBLED PART OF A
PACKAGE PRODUCED DOMESTICALLY OR INTERNATIONALLY, SUCH AS, BUT NOT
LIMITED TO, ANY INTERIOR OR EXTERIOR BLOCKING, BRACING, CUSHIONING,
S. 8008 100 A. 9008
WEATHERPROOFING, EXTERIOR STRAPPING, COATINGS, CLOSURES, INKS, DYES,
PIGMENTS, ADHESIVES, STABILIZERS, LABELS, OR ANY OTHER ADDITIVES.
G. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS ALL
MEMBERS OF THE CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
LEAST ONE FULLY FLUORINATED CARBON ATOM.
H. "PERSON" MEANS ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATION, POLI-
TICAL SUBDIVISION, GOVERNMENT AGENCY, MUNICIPALITY, INDUSTRY, CO-PART-
NERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE, OR ANY OTHER LEGAL ENTITY.
I. "PHTHALATES" OR "ORTHO-PHTHALATES" MEANS ALL MEMBERS OF THE CLASS
OF ORGANIC CHEMICALS THAT ARE ESTERS OF PHTHALIC ACID AND THAT CONTAIN
TWO CARBON CHAINS LOCATED IN THE ORTHO POSITION.
§ 37-0205. PROHIBITIONS.
1. NO PERSON SHALL DISTRIBUTE A PACKAGE OR PACKAGING COMPONENT, OR ANY
PRODUCT THAT INCORPORATES SUCH PACKAGE OR PACKAGING COMPONENT, IN WHICH
LEAD, CADMIUM, MERCURY, OR HEXAVALENT CHROMIUM ARE PRESENT, INDIVIDUALLY
OR IN COMBINATION, IN AMOUNTS EXCEEDING 100 PARTS PER MILLION BY WEIGHT.
2. BEGINNING DECEMBER 31, 2024, NO PERSON SHALL DISTRIBUTE A PACKAGE
OR PACKAGING COMPONENT, OR ANY PRODUCT THAT INCORPORATES SUCH PACKAGE OR
PACKAGING COMPONENT, IN WHICH PHTHALATES ARE PRESENT, INDIVIDUALLY OR IN
COMBINATION, IN AMOUNTS EXCEEDING 100 PARTS PER MILLION BY WEIGHT
(0.01%).
3. BEGINNING DECEMBER 31, 2022, NO PERSON SHALL DISTRIBUTE FOOD PACK-
AGING, OR ANY PRODUCT THAT INCORPORATES SUCH FOOD PACKAGING, IN WHICH
PFAS IS PRESENT, INDIVIDUALLY OR IN COMBINATION, IN AMOUNTS EXCEEDING
100 PARTS PER MILLION BY WEIGHT (0.01%).
4. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, BEGINNING DECEM-
BER 31, 2024, NO PERSON SHALL DISTRIBUTE A PACKAGE OR PACKAGING COMPO-
NENT, OR ANY PRODUCT THAT INCORPORATES SUCH PACKAGE OR PACKAGING COMPO-
NENT, IN WHICH PFAS IS PRESENT, INDIVIDUALLY OR IN COMBINATION, IN
AMOUNTS EXCEEDING 100 PARTS PER MILLION BY WEIGHT (0.01%).
§ 37-0207. CERTIFICATE OF COMPLIANCE.
NO PERSON WHO DISTRIBUTES A PACKAGE OR PACKAGING COMPONENT, OR ANY
PRODUCT THAT INCORPORATES SUCH PACKAGE OR PACKAGING COMPONENT, SHALL BE
HELD IN VIOLATION OF THIS TITLE IF THEY CAN SHOW THAT THEY RELIED IN
GOOD FAITH ON THE WRITTEN ASSURANCE OF THE MANUFACTURER OR DISTRIBUTOR
OF SUCH PACKAGE OR PACKAGING COMPONENT THAT SUCH A PACKAGE OR PACKAGING
COMPONENT MET THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE
SHALL TAKE THE FORM OF A CERTIFICATE OF COMPLIANCE, IN A FORM AND MANNER
PRESCRIBED BY THE DEPARTMENT, STATING THAT SUCH A PACKAGE OR PACKAGING
COMPONENT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE. THE
CERTIFICATE OF COMPLIANCE SHALL BE SIGNED BY AN AUTHORIZED OFFICER OF
THE MANUFACTURER OR DISTRIBUTOR OF SUCH PACKAGE OR PACKAGING COMPONENT.
A COPY OF THE CERTIFICATE OF COMPLIANCE SHALL BE KEPT ON FILE BY THE
MANUFACTURER OR DISTRIBUTOR OF THE PACKAGE OR PACKAGING COMPONENT, AND
SHALL BE PROVIDED TO THE DEPARTMENT, UPON REQUEST.
§ 37-0209. VIOLATIONS.
A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE
OF A FIRST VIOLATION, BY A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE LIABIL-
ITY SHALL BE FOR A CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND
DOLLARS FOR EACH VIOLATION PER DAY. THE COMMISSIONER SHALL DEPOSIT ALL
MONEY RECOVERED OR RECEIVED BY THE DEPARTMENT IN SATISFACTION OF PENAL-
TIES ASSESSED FOR VIOLATIONS OF THIS TITLE OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO TO THE CREDIT OF THE ENVIRONMENTAL REGULA-
TORY ACCOUNT.
S. 8008 101 A. 9008
§ 37-0211. REGULATIONS.
THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY OTHER SUCH RULES AND
REGULATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF
THIS TITLE. THE DEPARTMENT IS AUTHORIZED TO EVALUATE OTHER CHEMICALS TO
REVIEW FOR POTENTIAL REGULATION UNDER THIS TITLE. THE DEPARTMENT MAY
PROVIDE A REPORT BASED UPON THAT EVALUATION TO THE GOVERNOR AND LEGISLA-
TURE WHICH MAY CONTAIN RECOMMENDATIONS TO ADD OTHER CHEMICALS CONTAINED
IN A PACKAGE OR PACKAGING COMPONENT TO REGULATE IN ORDER TO FURTHER
REDUCE THE TOXICITY OF PACKAGING WASTE.
§ 37-0213. SEVERABILITY.
IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
EOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY
IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2. Subdivisions 1 and 2 of section 72-1009 of the environmental
conservation law, subdivision 1 as amended by chapter 60 of the laws of
1993 and subdivision 2 as added by chapter 166 of the laws of 1991, are
amended to read as follows:
1. The environmental regulatory account shall be credited with all
moneys received from fees and fee interest collected; all other moneys
collected by the department pursuant to title twenty-seven of article
twenty-three of this chapter, except as identified under article six of
the public officers law; ALL MONEYS COLLECTED OR RECEIVED BY THE DEPART-
MENT PURSUANT TO TITLE TWO OF ARTICLE THIRTY-SEVEN OF THIS CHAPTER; and
any other contributions or donations by the public to such account.
2. Moneys in the account, following appropriation by the legislature,
shall be allocated upon the certification of approval for availability
by the director of the budget for the administration and enforcement of
title twenty-seven of article twenty-three AND TITLE TWO OF ARTICLE
THIRTY-SEVEN of this chapter, including but not limited to monitoring,
surveillance, enforcement, training, research, administration and coop-
eration with any federal, state or local agency.
§ 3. This act shall take effect immediately.
PART TT
Section 1. Short title. This act shall be known and may be cited as the
"Suffolk County water quality restoration act".
§ 2. Legislative intent. The county of Suffolk ("county"), with a
population of one million five hundred thousand persons, has in excess
of three hundred eighty thousand existing onsite systems, comprised
mostly of cesspools and septic systems, with two hundred nine thousand
of these onsite systems in environmentally sensitive areas which could
benefit from nitrogen-reducing technologies. The United States Environ-
mental Protection Agency recognizes Long Island as having a sole source
aquifer system for its drinking water supply. Suffolk county has an
imminent need to preserve this valuable water resource by reducing the
amount of nitrogen discharged into the groundwater by onsite systems.
The full water cycle is impacted by increasing quantities of nutrients,
pathogens, pesticides, volatile organic contaminants and saltwater
intrusion, as well as a number of emerging threats such as prescription
drugs and sea level rise.
S. 8008 102 A. 9008
The Suffolk county subwatersheds wastewater plan ("SWP"), certified by
the department of environmental conservation as a Nine Elements
Watershed (9E) plan, has documented the devastating effects of high
levels of nitrogen pollution, not only on the drinking water quality,
but also on coastal ecosystems, dissolved oxygen, water clarity,
eelgrass, wetlands, shellfish, coastal resilience and in triggering
harmful algal blooms. The Suffolk county subwatersheds wastewater plan,
or SWP, is a long-term plan to address the need for wastewater treatment
infrastructure throughout the county comprehensively over a period of
fifty years. The SWP delineates the source and concentration of nitrogen
loading in one hundred ninety-one subwatersheds throughout the county,
and established nitrogen reduction goals for each watershed.
For many areas of the county, installing or connecting sewers is not a
practical or cost-effective method of treating wastewater. For that
reason, the SWP prescribes a hybrid approach that relies on sewering
where feasible, and the replacement of cesspools and septic systems with
innovative/alternative onsite wastewater treatment systems. The consol-
idation of any or all of the twenty-seven county sewer districts, as
well as unsewered areas of the county, into a county-wide wastewater
management district allows for the implementation of a much needed inte-
grated long-term wastewater solution for the county through comprehen-
sive planning and management, the establishment of a water quality
restoration fund and county-wide district board of trustees to monitor
progress and the allocation of resources consistent with the goals of
the SWP.
The purpose of this act is to create a water quality restoration fund
to finance projects for the protection, preservation, and rehabilitation
of groundwater and surface waters as recommended by the SWP. This act
would allow the funding of projects that will mitigate wastewater pollu-
tants utilizing the best available technology consistent with the SWP.
A county-wide wastewater management district, supported by a dedicated
and recurring revenue source, will provide an integrated and efficient
approach to managing wastewater services across the county; allow the
county to enhance and expand its incentive program to property owners to
upgrade their wastewater treatment systems without risk of adverse
personal income tax consequences; to manage, monitor and enforce nitro-
gen reduction programs throughout the county; to complete additional
sewer extension projects; and provide an opportunity to consolidate and
streamline the county's existing sewer district system and normalize the
inequitable rate structure that has long existed.
§ 3. The county law is amended by adding a new section 256-b to read
as follows:
§ 256-B. SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT. 1. (A)
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, INCLUDING THIS ARTICLE, THE COUNTY LEGISLATURE OF SUFFOLK
COUNTY IS HEREBY AUTHORIZED TO ESTABLISH BY RESOLUTION A SUFFOLK COUNTY
WASTEWATER MANAGEMENT DISTRICT, HEREINAFTER REFERRED TO IN THIS SECTION
AS THE "DISTRICT", WHICH SHALL INCLUDE ALL POWERS OF A SEWER DISTRICT
AND A WASTEWATER DISPOSAL DISTRICT AS PROVIDED IN SECTION TWO HUNDRED
FIFTY OF THIS ARTICLE AND AS SET FORTH IN THIS SUBDIVISION, PURSUANT TO
THE PROCEDURE CONTAINED IN THIS SECTION.
(B) IN ADDITION TO THE POWERS PROVIDED IN SECTION TWO HUNDRED FIFTY OF
THIS ARTICLE, THE DISTRICT SHALL HAVE THE POWER, AS DETERMINED BY THE
COUNTY LEGISLATURE, TO: (I) CONSOLIDATE ALL OF THE ORIGINAL SEWER
DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS OF THE COUNTY,
UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES
S. 8008 103 A. 9008
OF ASSESSMENT WITHIN THE DISTRICT BASED UPON TERRITORIAL BOUNDARIES, THE
METHOD OF WASTEWATER COLLECTION, TREATMENT AND DISPOSAL, EXISTING OR
PROPOSED, OR BOTH, AND MAKE CHANGES TO SUCH ZONES OF ASSESSMENTS; (III)
ACQUIRE INTERESTS IN REAL PROPERTY WHICH MAY BE COMPLETED BY THE TRANS-
FER OF PROPERTY OF ORIGINAL SEWER DISTRICTS TO THE DISTRICT, NECESSARY
FOR THE INSTALLATION AND MAINTENANCE OF DISTRICT FACILITIES; (IV) PRIOR-
ITIZE DISTRICT PROJECTS IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWAT-
ERSHED WASTEWATER PLAN (SWP) ADOPTED BY THE COUNTY LEGISLATURE, AND ANY
AMENDMENTS THERETO; (V) RECEIVE FUNDS FROM THE COUNTY OR THE WATER QUAL-
ITY RESTORATION FUND, AS ESTABLISHED BY SUBDIVISION TWELVE OF THIS
SECTION, AND DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE
WITH THE GOALS ESTABLISHED IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER
PLAN; (VI) ASSUME AND PAY ANY REMAINING INDEBTEDNESS OF EACH ORIGINAL
SEWER DISTRICT; (VII) ESTABLISH AND PROVIDE FOR THE COLLECTION OF CHARG-
ES, RATES, TAXES OR ASSESSMENTS TO PROVIDE FOR THE COSTS OF OPERATION,
EXPENSES, INTEREST PAYMENTS, MAINTENANCE AND IMPROVEMENTS OF THE
DISTRICT, INCLUDING BUT NOT LIMITED TO: (A) SPECIAL ASSESSMENT AS
DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO OF THE REAL
PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS DEFINED IN SUBDIVISION
FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (C)
SEWER RENT AS PROVIDED UNDER ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL
LAW; AND (VIII) DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORD-
ANCE WITH THE GOALS ESTABLISHED IN THE SWP.
2. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT SHALL COINCIDE WITH THE
TERRITORIAL BOUNDARIES OF THE COUNTY OF SUFFOLK.
3. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE SHALL
DIRECT THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION
TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO REVIEW AND REPORT THEREON TO
THE COUNTY LEGISLATURE ON THE CREATION OF THE DISTRICT AND THE MERGER
THEREWITH OF ANY OR ALL EXISTING COUNTY SEWER DISTRICTS IN ACCORDANCE
WITH THIS SECTION AND SUCH OTHER DETAILS AS MAY BE DIRECTED BY THE COUN-
TY LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED
SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY LEGISLA-
TURE. UPON RECEIPT OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A
PUBLIC HEARING PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO CREATE A
SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT IN ACCORDANCE WITH THIS
SECTION. SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE
LEGISLATURE OF SUFFOLK COUNTY.
4. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A
RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED CREATION OF THE
DISTRICT.
5. NOTICE. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF
THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH NEWS-
PAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED
FIFTY-FOUR OF THIS ARTICLE. SUCH NOTICE SHALL SPECIFY THE TIME, DATE
AND LOCATION OF SUCH HEARING AND, IN GENERAL TERMS, DESCRIBE THE
PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE PROPOSED BASIS OF THE
FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE-
MENTS OF THE DISTRICT.
6. HEARING AND RESOLUTION TO ESTABLISH. (A) THE COUNTY LEGISLATURE
SHALL MEET AT THE TIME, DATE AND LOCATION SPECIFIED IN SUCH NOTICE AND
HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF CONCERNING THE
SAME. IF THE COUNTY LEGISLATURE DETERMINES THAT IT IS IN THE PUBLIC
INTEREST TO ESTABLISH THE DISTRICT AS SPECIFIED IN SUCH NOTICE, THE
COUNTY LEGISLATURE MAY ADOPT A RESOLUTION, SUBJECT TO A MANDATORY REFER-
ENDUM, ESTABLISHING THE DISTRICT.
S. 8008 104 A. 9008
(B) THE PERMISSION OF THE STATE COMPTROLLER SHALL NOT BE REQUIRED TO
ESTABLISH A DISTRICT CREATED PURSUANT TO THIS SECTION.
7. NOTICE OF ADOPTION OF RESOLUTION. WITHIN TEN DAYS AFTER THE
ADOPTION BY THE COUNTY LEGISLATURE OF THE RESOLUTION TO ESTABLISH THE
DISTRICT DESCRIBED IN SUBDIVISION SIX OF THIS SECTION, THE COUNTY LEGIS-
LATURE SHALL GIVE NOTICE THEREOF, AT THE EXPENSE OF THE COUNTY, BY THE
PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN SUCH TIME PERIOD
AS SET FORTH IN SECTION ONE HUNDRED OF THIS CHAPTER. SUCH NOTICE SHALL
SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND CONTAIN AN ABSTRACT
OF SUCH RESOLUTION, DESCRIBING, IN GENERAL TERMS, THE DISTRICT, THE
BASIS FOR THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE
AND IMPROVEMENTS, AND THAT SUCH RESOLUTION WAS ADOPTED SUBJECT TO A
MANDATORY REFERENDUM.
8. ASSESSMENTS, LEVYS AND CHARGES. AFTER THE ESTABLISHMENT OF THE
DISTRICT IN ACCORDANCE WITH THIS SECTION, THE COUNTY IS HEREBY AUTHOR-
IZED BY RESOLUTION APPROVED BY MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF
THE COUNTY LEGISLATURE TO ASSESS, LEVY AND COLLECT UPON EACH LOT OR
PARCEL OF LAND SUBJECT TO TAXATION WITHIN THE DISTRICT: (A) SPECIAL
ASSESSMENT AS THAT TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS
THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO
OF THE REAL PROPERTY TAX LAW; AND (C) SEWER RENTS AS PROVIDED BY ARTICLE
FOURTEEN-F OF THE GENERAL MUNICIPAL LAW. SUCH COSTS AND EXPENSES MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE AMOUNT OF MONEY REQUIRED TO
PAY THE ANNUAL EXPENSES OF MAINTENANCE, OPERATION, PERSONNEL SERVICES OF
THE DISTRICT AND THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF
PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS FOR IMPROVEMENTS OF THE
DISTRICT. SUCH SUMS SO LEVIED SHALL BE COLLECTED BY THE LOCAL TAX
COLLECTORS OR RECEIVERS OF TAXES AND ASSESSMENTS AND SHALL BE PAID OVER
TO THE CHIEF FISCAL OFFICER OF THE COUNTY, IN THE SAME MANNER AND AT THE
SAME TIME AS TAXES LEVIED FOR GENERAL COUNTY PURPOSES. THE CHIEF FISCAL
OFFICER SHALL KEEP A SEPARATE ACCOUNT OF SUCH MONEYS AND THEY SHALL BE
USED ONLY FOR PURPOSES SET FORTH IN THIS SECTION, AND IN ADDITION, ALL
MONIES COLLECTED FROM EACH ZONE OF ASSESSMENT ESTABLISHED OR AMENDED IN
ACCORDANCE WITH THIS SECTION SHALL BE FURTHER SEGREGATED AND SHALL NOT
BE COMMINGLED WITH MONIES OF OTHER ZONES OF ASSESSMENT EXCEPT UPON
APPROVAL BY RESOLUTION OF THE COUNTY LEGISLATURE UPON RECOMMENDATION OF
THE DISTRICT BOARD OF TRUSTEES ESTABLISHED IN ACCORDANCE WITH THE
SUFFOLK COUNTY WATER QUALITY RESTORATION ACT.
8-A. RECORDING DETERMINATION. THE CLERK OF THE COUNTY LEGISLATURE
SHALL WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE RESOLUTION CREAT-
ING THE DISTRICT CAUSE A CERTIFIED COPY TO BE RECORDED IN THE OFFICE OF
THE CLERK OF THE COUNTY AND WHEN SO RECORDED SUCH ORDER SHALL BE
PRESUMPTIVE EVIDENCE OF THE REGULARITY OF THE PROCEEDINGS FOR THE
CREATION OF THE DISTRICT AND OF ALL OTHER ACTION TAKEN BY THE COUNTY
LEGISLATURE PURSUANT TO THIS SECTION. A CERTIFIED COPY SHALL ALSO BE
FILED IN THE OFFICE OF THE STATE DEPARTMENT OF AUDIT AND CONTROL IN
ALBANY, NEW YORK.
9. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE
SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME,
NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE
ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS,
AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF
EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES
AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION.
S. 8008 105 A. 9008
10. TOWNS AND VILLAGES. THIS SECTION SHALL NOT BE CONSTRUED AS MERGING
THE SEWER DISTRICTS OF TOWNS AND VILLAGES WITHIN THE COUNTY OF SUFFOLK
INTO THE DISTRICT CREATED BY THIS SECTION, HOWEVER THE MERGER OF ANY
TOWN OR VILLAGE SEWER DISTRICT WITH THE DISTRICT SHALL BE IN ACCORDANCE
WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
11. WATER QUALITY RESTORATION FEE. (A) NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, THE COUNTY OF SUFFOLK IS AUTHORIZED TO ESTABLISH
A WATER QUALITY RESTORATION FUND PURSUANT TO SUBDIVISION TWELVE OF THIS
SECTION, TO BE FINANCED BY THE WATER QUALITY RESTORATION FEE AS PROVIDED
BY THIS SUBDIVISION. SAID FUND SHALL BE ENACTED BY LOCAL LAW, SUBJECT
TO MANDATORY REFERENDUM, PURSUANT TO SECTION TWENTY-THREE OF THE MUNICI-
PAL HOME RULE LAW.
(B) FOR EACH RESIDENTIAL DWELLING UNIT, THE FEE SHALL BE FIVE DOLLARS
PER MONTH. FOR ALL OTHER PROPERTIES, THE FEE SHALL BE FIVE DOLLARS PER
MONTH FOR EACH "EQUIVALENT DWELLING UNIT" (EDU). AN EDU SHALL BE DEFINED
AS THREE HUNDRED GALLONS OF WASTEWATER GENERATED PER DAY. THE NUMBER OF
EDUS FOR EACH PROPERTY SHALL BE DETERMINED BY THE ACTUAL AMOUNT OF
WASTEWATER GENERATED PER DAY. WHERE SUCH AMOUNT OF ACTUAL WASTEWATER
GENERATED PER DAY CANNOT BE DETERMINED FOR A PROPERTY, THE COUNTY, BY
LOCAL LAW, SHALL ESTABLISH A SCHEDULE OF EDUS FOR EACH CATEGORY OF LAND
USE CONSISTENT WITH THE SUFFOLK COUNTY SANITARY CODE. THE LOCAL LAW MAY
PROVIDE FOR SUBCATEGORIES FOR EACH LAND USE.
(C) SUCH FEE SHALL BE COLLECTED ON ALL PROPERTIES IN THE COUNTY OF
SUFFOLK EXCEPT AS PROVIDED HEREIN. WATER USAGE ON PUBLIC LAND SHALL BE
EXCLUDED FROM SUCH FEE. LAND UTILIZED AS PART OF A FARM OPERATION: (I)
LOCATED IN AN AGRICULTURAL DISTRICT; OR (II) BENEFITTED BY AN AGRICUL-
TURAL ASSESSMENT, PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE
AND MARKETS LAW; OR (III) SUBJECT TO A GOVERNMENT PURCHASE OF DEVELOP-
MENT RIGHTS PROGRAM; OR (IV) OTHERWISE PROTECTED FOR AGRICULTURAL
PURPOSES SHALL BE EXEMPT FROM THE FEE. FOR THE PURPOSES OF THIS ACT
"PUBLIC LAND" SHALL MEAN ANY LAND EXEMPT FROM REAL PROPERTY TAXATION
PURSUANT TO TITLE ONE OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW. FOR
THE PURPOSES OF THIS SECTION, "FARM OPERATION" SHALL HAVE THE SAME MEAN-
ING AS PROVIDED FOR IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW.
(D) THE LOCAL LAW SHALL ALSO PROVIDE FOR AN EXEMPTION FROM THE WATER
RESTORATION FEE BASED UPON SUBSTANTIAL FINANCIAL HARDSHIP.
(E) THE COUNTY, BY LOCAL LAW, SHALL DETERMINE THE CRITERIA FOR ESTAB-
LISHING SUCH SUBSTANTIAL FINANCIAL HARDSHIP. THE COUNTY, BY LOCAL LAW,
SHALL DETERMINE THE MEANS AND MANNER OF COLLECTION FOR THE FEE AUTHOR-
IZED PURSUANT TO THIS SECTION.
12. WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, THE NET COLLECTIONS FROM THE FEE IMPOSED PURSU-
ANT TO SUBDIVISION ELEVEN OF THIS SECTION SHALL BE DEPOSITED IN A
SPECIAL FUND BY THE COUNTY OF SUFFOLK, TO BE DESIGNATED AS THE WATER
QUALITY RESTORATION FUND, TO BE CREATED BY SAID COUNTY THEREFOR, SEPA-
RATE AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF THE COUNTY. IN NO
EVENT SHALL MONIES DEPOSITED IN THE FUND BE TRANSFERRED TO ANY OTHER
ACCOUNT. DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF SUFFOLK COUNTY
FROM WHATEVER SOURCE AND SHALL INCLUDE, AT A MINIMUM, ALL NET REVENUES
FROM THE WATER QUALITY RESTORATION FEE IMPOSED PURSUANT TO SUBDIVISION
ELEVEN OF THIS SECTION. THE FUND SHALL ALSO BE AUTHORIZED TO ACCEPT
GIFTS OF FUNDS. INTEREST ACCRUED BY MONIES DEPOSITED INTO THE FUND SHALL
BE CREDITED TO THE FUND. NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO PREVENT THE FINANCING IN WHOLE OR IN PART, PURSUANT TO THE
LOCAL FINANCE LAW, OF ANY PROJECT AUTHORIZED PURSUANT TO THIS SECTION.
S. 8008 106 A. 9008
MONIES FROM THE FUND MAY BE UTILIZED TO REPAY ANY INDEBTEDNESS OR OBLI-
GATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW CONSISTENT WITH
EFFECTUATING THE PURPOSES OF THIS SECTION. WHERE SUFFOLK COUNTY FINANCES
A PROJECT, IN WHOLE, OR IN PART, PURSUANT TO THE LOCAL FINANCE LAW, THE
RESOLUTION AUTHORIZING SUCH INDEBTEDNESS SHALL BE ACCOMPANIED BY A
REPORT FROM THE COUNTY EXECUTIVE DEMONSTRATING HOW SAID INDEBTEDNESS
WILL BE REPAID BY THE FUND. SAID REPORT SHALL INCLUDE AN ESTIMATE OF
PROJECTED REVENUES OF THE FUND DURING THE PERIOD OF INDEBTEDNESS. THE
REPORT SHALL ALSO PROVIDE AN ACCOUNTING OF ALL OTHER INDEBTEDNESS
INCURRED AGAINST THE FUND TO BE REPAID FOR THE SAME PERIOD. THE COUNTY
LEGISLATURE SHALL MAKE FINDINGS BY RESOLUTION THAT THERE WILL BE SUFFI-
CIENT REVENUE TO REPAY SUCH INDEBTEDNESS IN ITS ENTIRETY FROM THE FUND
BEFORE AUTHORIZING SUCH INDEBTEDNESS. MONIES IN SAID FUND MAY BE APPRO-
PRIATED FROM OR EXPENDED IN ANY FISCAL YEAR TO IMPLEMENT THE POWERS SET
FORTH IN THIS SECTION AND TO REPAY ANY INDEBTEDNESS OR OBLIGATIONS
INCURRED PURSUANT TO THE LOCAL FINANCE LAW FOR THE PURPOSES AUTHORIZED
PURSUANT TO THIS SECTION.
(B) (I) FOR PURPOSES OF THIS SECTION: "WATER QUALITY IMPROVEMENT
PROJECT" SHALL MEAN THE PLANNING, DESIGN, CONSTRUCTION, ACQUISITION,
ENLARGEMENT, EXTENSION, OR ALTERATION OF A WASTEWATER TREATMENT FACILI-
TY, INCLUDING INDIVIDUAL HOOKUPS, OR AN INDIVIDUAL SEPTIC SYSTEM,
INCLUDING AN ALTERNATIVE WASTEWATER TREATMENT FACILITY OR AN INDIVIDUAL
SEPTIC SYSTEM WITH ACTIVE TREATMENT, TO TREAT, NEUTRALIZE, STABILIZE,
ELIMINATE OR PARTIALLY ELIMINATE SEWAGE OR REDUCE POLLUTANTS, INCLUDING
PERMANENT OR PILOT DEMONSTRATION WASTEWATER TREATMENT PROJECTS, OR
EQUIPMENT OR FURNISHINGS THEREOF. SUCH PROJECTS SHALL HAVE AS THEIR
PURPOSE THE REMEDIATION OF EXISTING WATER QUALITY TO MEET SPECIFIC WATER
QUALITY STANDARDS CONSISTENT WITH THE SWP. PROJECTS CONSISTENT WITH OR
LISTED IN THE SWP THAT ARE PART OF A PLAN ADOPTED BY A LOCAL GOVERNMENT
RESULTING IN A NET NITROGEN REDUCTION SHALL BE ELIGIBLE FOR CONSIDER-
ATION BY THE DISTRICT BOARD OF TRUSTEES, ESTABLISHED IN ACCORDANCE WITH
SUBDIVISION SIX OF THIS SECTION. PROJECTS DESIGNED PRIMARILY TO INCREASE
DENSITY SHALL NOT BE INCLUDED WITHIN THIS DEFINITION. OF THE ANNUAL
COLLECTIONS OF THE FUND, SEVENTY-FIVE PERCENT OF THE ANNUAL FUNDS SHALL
BE USED TOWARD INDIVIDUAL SEPTIC SYSTEMS PURPOSES, INCLUSIVE OF: (A) THE
PREPARATION OF AN ANNUAL SWP IMPLEMENTATION ACTION PLAN TO PROTECT,
PRESERVE, AND REHABILITATE GROUNDWATER, SURFACE WATER, AND DRINKING
WATER; (B) THE CONSTRUCTION OF WATER QUALITY IMPROVEMENT PROJECTS; (C)
THE ESTABLISHMENT OF A PROGRAM FOR RESIDENTS OF THE COUNTY OF SUFFOLK
FOR GRANTS AND LOW-INTEREST LOANS AS INCENTIVES TO CONSTRUCT INDIVIDUAL
SEPTIC SYSTEMS WHICH QUALIFY AS WATER QUALITY IMPROVEMENT PROJECTS; AND
(D) ADMINISTRATION OF THE COUNTY WASTEWATER MANAGEMENT DISTRICT NOT TO
EXCEED TEN PERCENT OF THE ANNUAL FUNDS.
(II) OTHER THAN FOR THE PAYMENT OF INDEBTEDNESS OR OBLIGATIONS
INCURRED AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT
FOR THE PREPARATION OF THE ANNUAL SWP IMPLEMENTATION PLAN, ITSELF, NO
MONIES MAY BE EXPENDED UNTIL THE ANNUAL SWP IMPLEMENTATION PLAN HAS BEEN
PREPARED AND APPROVED AS PROVIDED FOR IN THIS SECTION.
(C) (I) WITHIN THE LOCAL LAW ESTABLISHING THE WATER QUALITY RESTORA-
TION FUND, THE COUNTY SHALL ESTABLISH A DISTRICT BOARD OF TRUSTEES OF
SEVENTEEN MEMBERS TO REVIEW AND APPROVE THE ACTION PLAN FOR SUBMISSION
TO THE COUNTY EXECUTIVE AND COUNTY LEGISLATURE. SUCH APPROVAL SHALL BE
IN ADDITION TO ALL OTHER APPROVALS REQUIRED BY LAW. THE BOARD OF TRUS-
TEES SHALL CONSIST OF: (A) A REPRESENTATIVE FROM THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION; (B) A REPRESENTATIVE FROM THE EAST END SUPERVI-
SORS AND MAYORS ASSOCIATION; (C) A REPRESENTATIVE OF THE SUFFOLK TOWN
S. 8008 107 A. 9008
SUPERVISORS ASSOCIATION; (D) A REPRESENTATIVE OF THE SUFFOLK COUNTY
VILLAGE OFFICIALS ASSOCIATION; (E) A TOWN REPRESENTATIVE FROM THE STATE
CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION TO BE DESIG-
NATED BY THE COMMISSION; (F) A MUNICIPAL REPRESENTATIVE FROM THE PECONIC
ESTUARY PARTNERSHIP; (G) A MUNICIPAL REPRESENTATIVE FROM THE STATE SOUTH
SHORE ESTUARY RESERVE; (H) A MUNICIPAL REPRESENTATIVE FROM THE LONG
ISLAND SOUND ESTUARY; (I) A REPRESENTATIVE OF THE LONG ISLAND FEDERATION
OF LABOR; (J) A REPRESENTATIVE OF BUILDING AND CONSTRUCTION TRADES COUN-
CIL OF NASSAU & SUFFOLK COUNTIES; (K) A REPRESENTATIVE FROM A REGIONAL
ENVIRONMENTAL ORGANIZATION; (L) THE CHAIR OF THE SUFFOLK COUNTY PLANNING
COMMISSION; (M) THE COUNTY EXECUTIVE OR DESIGNEE; (N) THE PRESIDING
OFFICER OF THE COUNTY LEGISLATURE OR DESIGNEE; (O) THE MINORITY LEADER
OF THE COUNTY LEGISLATURE OR DESIGNEE; (P) THE COUNTY DEPARTMENT OF
PUBLIC WORKS COMMISSIONER OR DESIGNEE; AND (Q) THE COUNTY DEPARTMENT OF
HEALTH SERVICES COMMISSIONER OR DESIGNEE.
(II) THE POWERS AND DUTIES OF THE DISTRICT BOARD OF TRUSTEES SHALL
INCLUDE AUDITING FISCAL ALLOCATIONS AS IT RELATES TO THE GOALS OF THE
SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN, MAKING PRUDENT RECOMMENDA-
TIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-APPROVED ALTERNATIVE WASTEWA-
TER TREATMENT TECHNOLOGIES NOT CONTEMPLATED IN THE SUFFOLK COUNTY
SUBWATERSHEDS WASTEWATER PLAN AND LONG-TERM PROGRESS MONITORING OF THE
IMPLEMENTATION OF THE SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN
REGARDING ACHIEVEMENTS OF NITROGEN LOAD REDUCTIONS AND ECOLOGICAL
ENDPOINTS.
(D) WATER QUALITY RESTORATION CITIZENS ADVISORY COMMITTEE. WITHIN THE
LOCAL LAW ESTABLISHING THE DISTRICT BOARD OF TRUSTEES, THE COUNTY IS
AUTHORIZED TO ESTABLISH A WATER QUALITY RESTORATION CITIZENS ADVISORY
COMMITTEE ("ADVISORY COMMITTEE") TO ACTIVELY ASSIST AND ADVISE THE BOARD
OF TRUSTEES IN THE PREPARATION, ADOPTION AND IMPLEMENTATION OF THE ANNU-
AL SWP IMPLEMENTATION PLAN. THE COMMITTEE SHALL CONSIST OF NOT MORE
THAN TWENTY-FIVE MEMBERS WHICH SHALL INCLUDE REPRESENTATIVES OF ENVIRON-
MENTAL GROUPS, ECONOMIC DEVELOPMENT AND REAL ESTATE INTERESTS, FARMERS,
WATER SUPPLIERS, CIVIC GROUPS, PLANNERS, BIOLOGISTS, AND WATER QUALITY
SCIENTISTS AND RECREATIONAL INTERESTS. THE MEMBERS OF THE COMMITTEE
SHALL SERVE WITHOUT COMPENSATION. THE COMMITTEE BY A MAJORITY VOTE SHALL
ELECT A CHAIRPERSON. THE ADVISORY COMMITTEE SHALL MEET PERIODICALLY WITH
THE BOARD OF TRUSTEES, MAKE AVAILABLE WORKING DRAFTS OF SUCH PLAN AND
OTHER DOCUMENTS, AND SHALL PROVIDE SERVICES TO THE DISTRICT BOARD OF
TRUSTEES, AS ARE NECESSARY AND APPROPRIATE TO CARRY OUT ITS FUNCTIONS
UNDER THIS SECTION. THE COUNTY BY RESOLUTION OF THE COUNTY LEGISLATURE,
SHALL APPOINT THE MEMBERS OF THE ADVISORY COMMITTEE.
(E) ANNUAL SWP IMPLEMENTATION PLAN. THE WATER QUALITY RESTORATION FUND
AND DISTRICT BOARD OF TRUSTEES SHALL PREPARE, REVIEW AND APPROVE AND
SUBMIT TO THE COUNTY EXECUTIVE THE ANNUAL SWP IMPLEMENTATION PLAN WITHIN
ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND IN EVERY YEAR THERE-
AFTER IN A LIKE MANNER. THE BOARD OF TRUSTEES SHALL CONDUCT A PUBLIC
HEARING ON SAID PLAN BEFORE ITS ADOPTION OR SUBSEQUENT AMENDMENT. EACH
YEAR, SAID PLAN SHALL LIST EVERY WATER QUALITY RESTORATION PROJECT WHICH
THE COUNTY PLANS TO UNDERTAKE PURSUANT TO THE FUND AND SHALL STATE HOW
SUCH PROJECT WOULD IMPROVE EXISTING WATER QUALITY. FUNDS MAY ONLY BE
EXPENDED PURSUANT TO THIS SECTION FOR PROJECTS WHICH HAVE BEEN INCLUDED
IN SAID PLAN. SAID PLAN SHALL BE CONSISTENT WITH STATE, FEDERAL, COUNTY,
AND LOCAL GOVERNMENT LAND USE AND WASTEWATER MANAGEMENT PLANS. AFTER
SUBMISSION AND APPROVAL BY THE COUNTY EXECUTIVE, SUCH PLAN SHALL BE
SUBMITTED TO THE COUNTY LEGISLATURE. SUCH PLAN SHALL NOT BECOME EFFEC-
TIVE UNTIL APPROVED BY LOCAL LAW.
S. 8008 108 A. 9008
(F) ANNUAL AUDIT. THE COUNTY SHALL ANNUALLY COMMISSION AN INDEPENDENT
AUDIT OF THE FUND. THE AUDIT SHALL BE CONDUCTED BY AN INDEPENDENT CERTI-
FIED PUBLIC ACCOUNTANT OR AN INDEPENDENT PUBLIC ACCOUNTANT. SAID AUDIT
SHALL BE PERFORMED BY A CERTIFIED PUBLIC ACCOUNTANT OR AN INDEPENDENT
PUBLIC ACCOUNTANT OTHER THAN THE ONE THAT PERFORMS THE GENERAL AUDIT OF
THE COUNTY'S FINANCES. SUCH AUDIT SHALL BE AN EXAMINATION OF THE FUND
AND SHALL DETERMINE WHETHER THE FUND HAS BEEN ADMINISTERED CONSISTENT
WITH THE PROVISIONS OF THIS SECTION AND ALL OTHER APPLICABLE PROVISIONS
OF STATE LAW. SAID AUDIT SHALL BE INITIATED WITHIN SIXTY DAYS OF THE
CLOSE OF THE FISCAL YEAR OF THE COUNTY AND SHALL BE COMPLETED WITHIN ONE
HUNDRED TWENTY DAYS OF THE CLOSE OF THE FISCAL YEAR. A COPY OF THE
AUDIT SHALL BE SUBMITTED ANNUALLY TO THE STATE COMPTROLLER AND THE COUN-
TY COMPTROLLER. A COPY OF THE AUDIT SHALL BE MADE AVAILABLE TO THE
PUBLIC WITHIN THIRTY DAYS OF ITS COMPLETION. A NOTICE OF THE COMPLETION
OF THE AUDIT SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE COUNTY
AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITE FOR THE COUNTY. THE
COST OF THE AUDIT MAY BE A CHARGE TO THE FUND.
(G) ANNUAL REPORT. IN ADDITION TO ANY OTHER REPORT REQUIRED BY THIS
SECTION, THE WATER QUALITY RESTORATION FUND AND DISTRICT BOARD OF TRUS-
TEES, THROUGH ITS CHAIRPERSON, SHALL DELIVER ANNUALLY, IN ORAL AND
WRITTEN FORM, A REPORT TO THE COUNTY LEGISLATURE. SUCH REPORT SHALL
BE PRESENTED BY MAY FIFTEENTH OF EACH YEAR. THE REPORT SHALL DESCRIBE IN
DETAIL THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRA-
TIVE ACTIVITIES OF THE WATER QUALITY FUND AND DISTRICT ESTABLISHED IN
ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT THE CONCLUSION
OF THE REPORT, THE CHAIRPERSON OF THE WATER QUALITY RESTORATION FUND AND
DISTRICT BOARD OF TRUSTEES SHALL BE PREPARED TO ANSWER THE QUESTIONS OF
THE COUNTY LEGISLATURE WITH RESPECT TO THE PROJECTS UNDERTAKEN, THE
MONIES EXPENDED, AND THE ADMINISTRATIVE ACTIVITIES DURING THE PAST YEAR.
13. AMENDMENT BY MANDATORY REFERENDUM ONLY. WHERE THE PROVISIONS OF
THIS SECTION HAVE BEEN ADOPTED BY LOCAL LAW SUBJECT TO MANDATORY REFER-
ENDUM, SAID LOCAL LAW MAY ONLY BE AMENDED, MODIFIED, REPEALED, OR
ALTERED BY ENACTMENT OF ANOTHER LOCAL LAW SUBJECT TO MANDATORY REFEREN-
DUM UNDER THE MUNICIPAL HOME RULE LAW.
§ 4. This act shall take effect immediately.
PART UU
Section 1. Paragraph h of subdivision 1 of section 17-1909 of the
environmental conservation law, as added by chapter 565 of the laws of
1989, is amended to read as follows:
h. "Municipality" means any county, city, town, village, district
corporation, county or town improvement district, SCHOOL DISTRICT, Indi-
an reservation wholly within New York state, any public benefit corpo-
ration or public authority established pursuant to the laws of New York
or any agency of New York state which is empowered to construct and
operate an eligible project, or any two or more of the foregoing which
are acting jointly in connection with an eligible project.
§ 2. This act shall take effect immediately.
PART VV
Section 1. Subdivisions 2, 3, 4 and 5 of section 381 of the executive
law, as added by chapter 707 of the laws of 1981, subdivision 2 as
amended by chapter 560 of the laws of 2010, are amended, subdivision 6
S. 8008 109 A. 9008
is renumbered subdivision 8, and two new subdivisions 6 and 7 are added
to read as follows:
2. Except as may be provided in regulations of the secretary pursuant
to subdivision one of this section, every local government shall admin-
ister and enforce the uniform fire prevention and building code and the
state energy conservation construction code on and after the first day
of January, nineteen hundred eighty-four, provided, however, that a
local government may enact a local law prior to the first day of July in
any year providing that it will not enforce such codes on and after the
first day of [January] APRIL next succeeding. In such event the county
in which said local government is situated shall administer and enforce
such codes within such local government from and after the first day of
[January] APRIL next succeeding the effective date of such local law, in
accordance with the provisions of paragraph b of subdivision five of
this section unless the county shall have PREVIOUSLY enacted a local law
providing that it will not enforce such codes within that county. In
such event the secretary in the place and stead of the local government
shall, directly or by [contract] USING THE SERVICES OF ANY CONTRACTORS
OR OTHER THIRD-PARTY PROVIDERS AS THE SECRETARY MAY DEEM TO BE
QUALIFIED, administer and enforce the uniform code and the state energy
conservation construction code WITHIN SUCH LOCAL GOVERNMENT ON AND AFTER
THE FIRST DAY OF APRIL NEXT SUCCEEDING. A COUNTY THAT IS RESPONSIBLE FOR
ADMINISTERING AND ENFORCING SUCH CODES WITHIN A LOCAL GOVERNMENT PURSU-
ANT TO THE FOREGOING PROVISIONS OF THIS SUBDIVISION MAY ENACT A LOCAL
LAW PRIOR TO THE FIRST DAY OF OCTOBER IN ANY YEAR PROVIDING THAT IT WILL
NOT ENFORCE SUCH CODES WITHIN SUCH LOCAL GOVERNMENT ON AND AFTER THE
FIRST DAY OF APRIL NEXT SUCCEEDING. IN SUCH EVENT, THE SECRETARY, IN THE
PLACE AND STEAD OF SUCH LOCAL GOVERNMENT, SHALL, DIRECTLY OR BY USING
THE SERVICES OF ANY CONTRACTORS OR OTHER THIRD-PARTY PROVIDERS AS THE
SECRETARY MAY DEEM TO BE QUALIFIED, ADMINISTER AND ENFORCE SUCH CODES IN
SUCH LOCAL GOVERNMENT FROM AND AFTER THE FIRST DAY OF APRIL NEXT
SUCCEEDING. A LOCAL GOVERNMENT THAT ADOPTS A LOCAL LAW PROVIDING THAT IT
WILL NOT ENFORCE SUCH CODES ON AND AFTER THE FIRST DAY OF APRIL NEXT
SUCCEEDING SHALL PROMPTLY NOTIFY THE COUNTY IN WHICH SUCH LOCAL GOVERN-
MENT IS LOCATED AND THE SECRETARY OF THE ADOPTION OF SUCH LOCAL LAW. A
COUNTY THAT ADOPTS A LOCAL LAW PROVIDING THAT IT WILL NOT ENFORCE SUCH
CODES ON AND AFTER THE FIRST DAY OF APRIL NEXT SUCCEEDING SHALL PROMPTLY
NOTIFY EACH LOCAL GOVERNMENT IN WHICH SUCH COUNTY IS ADMINISTERING AND
ENFORCING SUCH CODES AND THE SECRETARY OF THE ADOPTION OF SUCH LOCAL
LAW. A local government or a county may repeal a local law which
provides that it will not enforce such codes and shall thereafter admin-
ister and enforce such codes as provided above. Two or more local
governments may provide for joint administration and enforcement of the
uniform code, the state energy conservation construction code, or both,
by agreement pursuant to article five-G of the general municipal law.
Any local government may enter into agreement with the county in which
such local government is situated to administer and enforce the uniform
code, the state energy conservation construction code, or both, within
such local government. Local governments or counties THAT ADMINISTER
AND ENFORCE THE UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION
CODE, OR BOTH, may charge AND COLLECT fees to defray the costs of admin-
istration and enforcement. WHERE THE SECRETARY IS RESPONSIBLE FOR
ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY
CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO
THIS SUBDIVISION OR PURSUANT TO PARAGRAPH E OF SUBDIVISION FOUR OF THIS
SECTION, (A) THE SECRETARY SHALL ADMINISTER AND ENFORCE THE CODES IN
S. 8008 110 A. 9008
ACCORDANCE WITH THE PROVISIONS OF RULES AND REGULATIONS PROMULGATED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION; (B) ANY PERSON OR ENTITY
WHO KNOWINGLY VIOLATES ANY PROVISION OF SUCH RULES AND REGULATIONS SHALL
BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY OF
VIOLATION, IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BOTH, AND (C) THE
SECRETARY MAY CHARGE AND COLLECT FEES TO DEFRAY THE COSTS OF ADMINIS-
TRATION AND ENFORCEMENT.
3. A. On and after the first day of July, nineteen hundred eighty-
five, the secretary shall have power to investigate [and conduct hear-
ings relative to] whether administration and enforcement of the uniform
fire prevention and building code AND THE STATE ENERGY CONSERVATION
CONSTRUCTION CODE complies with the minimum standards promulgated pursu-
ant to subdivision one of this section. IN CONNECTION WITH ANY SUCH
INVESTIGATION, THE SECRETARY SHALL HAVE THE POWER TO ISSUE SUBPOENAS
COMPELLING THE TESTIMONY OF WITNESSES, THE PRODUCTION OF DOCUMENTS, OR
BOTH, AND THE POWER, AT THE SECRETARY'S DISCRETION, TO CONDUCT ONE OR
MORE HEARINGS. At least ten days written notice of any such hearing
shall be provided to the elective or appointive chief executive officer
or, if there be none, the chairman of the legislative body of the local
government or county whose administration and enforcement of the uniform
code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE is at issue.
B. THE ELECTIVE OR APPOINTIVE CHIEF EXECUTIVE OFFICER OR, IF THERE BE
NONE, THE CHAIRMAN OF THE LEGISLATIVE BODY OF A COUNTY MAY, WITH
APPROVAL OF A MAJORITY VOTE OF THE LEGISLATIVE BODY OF SUCH COUNTY,
SUBMIT TO THE SECRETARY A WRITTEN NOTICE REQUESTING THE SECRETARY TO
AUTHORIZE SUCH COUNTY TO INVESTIGATE WHETHER ADMINISTRATION AND ENFORCE-
MENT OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE AND THE STATE
ENERGY CONSERVATION CONSTRUCTION CODE BY A LOCAL GOVERNMENT LOCATED IN
SUCH COUNTY COMPLIES WITH THE MINIMUM STANDARDS PROMULGATED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION. UPON RECEIPT OF SUCH NOTICE, THE SECRE-
TARY MAY AUTHORIZE SUCH COUNTY TO CONDUCT SUCH INVESTIGATION AND TO
PROVIDE A WRITTEN REPORT UPON COMPLETION OF SUCH INVESTIGATION TO THE
SECRETARY. IN CONNECTION WITH ANY SUCH INVESTIGATION, THE COUNTY SHALL
HAVE THE POWER TO ISSUE SUBPOENAS COMPELLING THE TESTIMONY OF WITNESSES,
THE PRODUCTION OF DOCUMENTS, OR BOTH, AND THE POWER, AT THE COUNTY'S
DISCRETION, TO CONDUCT ONE OR MORE HEARINGS. AT LEAST TEN DAYS WRITTEN
NOTICE OF ANY SUCH HEARING SHALL BE PROVIDED TO THE ELECTIVE OR APPOIN-
TIVE CHIEF EXECUTIVE OFFICER OR, IF THERE BE NONE, THE CHAIRMAN OF THE
LEGISLATIVE BODY OF THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND
ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE IS AT ISSUE. UPON RECEIPT OF THE COUNTY'S REPORT, THE
SECRETARY MAY ISSUE A DETERMINATION BASED ON SUCH REPORT, CONDUCT
FURTHER INVESTIGATIONS, OR TAKE SUCH OTHER ACTION AS THE SECRETARY DEEMS
APPROPRIATE, AND THE SECRETARY SHALL NOTIFY THE COUNTY AND THE LOCAL
GOVERNMENT OF THE ACTIONS TO BE TAKEN BY THE SECRETARY. NOTHING IN THIS
PARAGRAPH SHALL LIMIT OR IMPAIR THE SECRETARY'S POWER TO INVESTIGATE,
ISSUE SUBPOENAS, AND CONDUCT HEARINGS AS PROVIDED IN PARAGRAPH A OF THIS
SUBDIVISION. NOR SHALL THE POWER OF THE SECRETARY TO INVESTIGATE, ISSUE
SUBPOENAS, AND CONDUCT HEARINGS AS PROVIDED IN PARAGRAPH A OF THIS
SUBDIVISION BE DIMINISHED OR OTHERWISE AFFECTED BY REASON OF A COUNTY
SUBMITTING, OR NOT SUBMITTING, A NOTICE PURSUANT TO THIS PARAGRAPH.
4. If the secretary determines that a local government has failed to
administer and enforce the uniform fire prevention and building code
AND/OR THE STATE ENERGY CONSERVATION CONSTRUCTION CODE in accordance
with the minimum standards promulgated pursuant to subdivision one of
S. 8008 111 A. 9008
this section, the secretary shall take any of the following actions,
either individually or in combination in any sequence:
a. The secretary may issue an order compelling compliance by such
local government with the MINIMUM standards [for administration and
enforcement of the uniform code] PROMULGATED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION.
b. THE SECRETARY MAY APPOINT AND REMOVE ANY PERSON DEEMED QUALIFIED BY
THE SECRETARY AS AN OVERSIGHT OFFICER, WHO SHALL HAVE THE POWER AND
AUTHORITY TO DO ANY OR ALL OF THE FOLLOWING, AT THE DISCRETION OF THE
OVERSIGHT OFFICER AND AT THE EXPENSE OF SUCH LOCAL GOVERNMENT:
(I) OBSERVE AND REPORT ON COMPLIANCE BY SUCH LOCAL GOVERNMENT WITH THE
MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION;
(II) DIRECT ALL OR ANY PART OF THE CODE ENFORCEMENT ACTIVITIES OF THE
LOCAL GOVERNMENT'S CODE ENFORCEMENT PERSONNEL;
(III) HIRE, CONTRACT FOR, OR OTHERWISE OBTAIN THE SERVICES OF QUALI-
FIED THIRD PARTIES TO REVIEW BUILDING PERMIT APPLICATIONS AND PLANS AND
SPECIFICATIONS SUBMITTED THEREWITH, CONDUCT CONSTRUCTION INSPECTIONS AND
PERIODIC FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS, AND PERFORM
OTHER CODE ENFORCEMENT ACTIVITIES WITHIN THE LOCAL GOVERNMENT;
(IV) ISSUE NOTICES OF VIOLATION, APPEARANCE TICKETS, ORDERS TO REMEDY,
AND OTHER INSTRUMENTS RELATED TO CODE VIOLATIONS WITHIN THE LOCAL
GOVERNMENT, OR DIRECT THE LOCAL GOVERNMENT TO DO SO, AND REFER SUCH
VIOLATIONS TO COUNSEL FOR THE LOCAL GOVERNMENT OR THE DISTRICT ATTORNEY
FOR THE COUNTY IN WHICH THE LOCAL GOVERNMENT IS LOCATED FOR APPROPRIATE
PROSECUTION; AND
(V) TAKE ANY OTHER STEPS DEEMED BY THE OVERSIGHT OFFICER TO BE NECES-
SARY OR APPROPRIATE TO ENSURE THAT THE UNIFORM CODE AND STATE ENERGY
CONSERVATION CONSTRUCTION CODE ARE ADMINISTERED AND ENFORCED WITHIN SUCH
LOCAL GOVERNMENT IN A DUE AND PROPER MANNER AND IN COMPLIANCE WITH THE
MINIMUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION. ANY PERSON WHO IS APPOINTED AS AN OVERSIGHT OFFICER PURSUANT
TO THIS PARAGRAPH SHALL BE DEEMED TO BE A STATE OFFICER UNDER SECTION
TWO OF THE PUBLIC OFFICERS LAW.
C. The secretary may ask the attorney general to institute in the name
of the secretary an action or proceeding seeking appropriate legal or
equitable relief to require such local government to administer and
enforce the uniform code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE
IN A DUE AND PROPER MANNER AND IN COMPLIANCE WITH THE MINIMUM STANDARDS
PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO REQUIRING SUCH LOCAL GOVERNMENT TO TAKE SPECIFIC REMEDIAL
ACTIONS, SUCH AS ESTABLISHING AND ENFORCING AN EFFECTIVE CODE ENFORCE-
MENT PROGRAM, CONDUCTING FIRE SAFETY AND PROPERTY MAINTENANCE
INSPECTIONS, INCREASING THE FREQUENCY OF FIRE SAFETY AND PROPERTY MAIN-
TENANCE INSPECTIONS, AND TAKING ENFORCEMENT ACTIONS THAT ARE TIMELY AND
RESPONSIVE TO CIRCUMSTANCES ASSOCIATED WITH THE PROPERTY IN QUESTION
WHEN VIOLATIONS ARE IDENTIFIED.
[c. the] D. THE secretary may designate the county in which such local
government is located, OR ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR IS
REASONABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, to administer and enforce
the uniform code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE in such
local government. In the case of such designation, the provisions of
subdivision five of this section shall apply.
[d.] E. The secretary may, in the place and stead of the local govern-
ment, DIRECTLY OR BY USING THE SERVICES OF ANY CONTRACTORS OR OTHER
THIRD-PARTY PROVIDERS AS THE SECRETARY MAY DEEM TO BE QUALIFIED, admin-
S. 8008 112 A. 9008
ister and enforce the uniform code AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT in accordance with the mini-
mum standards promulgated pursuant to subdivision one of this section.
In such event, the provisions of subdivision five of this section shall
apply.
F. THE SECRETARY MAY DESIGNATE THE COUNTY IN WHICH SUCH LOCAL GOVERN-
MENT IS LOCATED, ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR IS REASON-
ABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, OR THE DEPARTMENT OF STATE TO
PERFORM WITHIN SUCH LOCAL GOVERNMENT SUCH TYPES AND CLASSES OF CODE
ENFORCEMENT ACTIVITIES, SUCH AS PERMIT APPLICATION REVIEW AND APPROVAL,
CONSTRUCTION INSPECTIONS, AND FIRE SAFETY AND PROPERTY MAINTENANCE
INSPECTIONS, AS THE SECRETARY MAY SPECIFY. IN THE CASE OF SUCH DESIG-
NATION, THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION SHALL APPLY.
5. Where the secretary has designated a county OR ADJOINING OR REASON-
ABLY PROXIMATE LOCAL GOVERNMENT to administer and enforce the uniform
fire prevention and building code AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE within a local government PURSUANT TO PARAGRAPH D OF
SUBDIVISION FOUR OF THIS SECTION, or has assumed authority for adminis-
tration and enforcement OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE
AND STATE ENERGY CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERN-
MENT pursuant to [subdivision two or] paragraph [d] E of subdivision
four of this section:
a. [Such] THE local government [or county government] THAT IS NOT
ADMINISTERING OR ENFORCING THE UNIFORM CODE AND STATE ENERGY CONSERVA-
TION CONSTRUCTION CODE IN ACCORDANCE WITH MINIMUM STANDARDS shall not
administer and enforce the uniform code OR STATE ENERGY CONSERVATION
CONSTRUCTION CODE, and shall not charge or collect fees for such admin-
istration and enforcement.
b. [Such] THE DESIGNATED county OR LOCAL GOVERNMENT OR THE SECRETARY
shall administer and enforce the uniform code within [such] THE local
government WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET THE MINIMUM
STANDARDS from and after the date of such designation OR ASSUMPTION.
Such administration and enforcement shall apply the minimum standards
promulgated by the secretary pursuant to subdivision one of this
section. Notwithstanding any other provisions of law, such DESIGNATED
county OR LOCAL GOVERNMENT OR THE SECRETARY shall have full power to
administer and enforce the uniform code [in accordance with such] AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE IN THE LOCAL GOVERNMENT
WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
GY CONSERVATION CONSTRUCTION CODE HAS NOT MET THE minimum standards,
including the power to charge and collect fees for such administration
and enforcement.
c. The secretary shall designate the local government [or county
government] WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE DID NOT MEET THE MINIMUM
STANDARDS to resume administration and enforcement of the uniform code
when the secretary is satisfied that such local government [or county]
will provide such administration and enforcement in compliance with the
minimum standards promulgated pursuant to subdivision one of this
section.
d. The provisions of subdivisions three and four of this section shall
apply to counties [which have been designated to administer and enforce
the uniform code in such local government] THAT ARE RESPONSIBLE FOR
ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY
CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO
S. 8008 113 A. 9008
SUBDIVISION TWO OF THIS SECTION, TO COUNTIES THAT HAVE BEEN DESIGNATED
TO ADMINISTER AND ENFORCE THE UNIFORM CODE AND STATE ENERGY CONSERVATION
CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH D OF
SUBDIVISION FOUR OF THIS SECTION, AND TO LOCAL GOVERNMENTS THAT HAVE
BEEN DESIGNATED TO ADMINISTER AND ENFORCE THE UNIFORM CODE AND STATE
ENERGY CONSERVATION CONSTRUCTION CODE WITHIN ANOTHER LOCAL GOVERNMENT
PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF THIS SECTION. WHERE THE
PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION ARE APPLICABLE
TO A COUNTY, REFERENCES IN THOSE SUBDIVISIONS TO A LOCAL GOVERNMENT
WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
GY CONSERVATION CONSTRUCTION CODE HAVE BEEN DETERMINED BY THE SECRETARY
TO HAVE NOT MET THE MINIMUM STANDARDS SHALL BE CONSTRUED AS REFERENCES
TO SUCH COUNTY.
6. WHERE THE SECRETARY HAS DESIGNATED A COUNTY, ANOTHER LOCAL GOVERN-
MENT, OR THE DEPARTMENT TO PERFORM SPECIFIED TYPES AND CLASSES OF CODE
ENFORCEMENT ACTIVITIES WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH F
OF SUBDIVISION FOUR OF THIS SECTION:
A. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND ENFORCEMENT OF THE
UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
THE MINIMUM STANDARDS SHALL NOT PERFORM THE TYPES AND CLASSES OF CODE
ENFORCEMENT ACTIVITIES SPECIFIED IN SUCH DESIGNATION AND SHALL ACCEPT
PERFORMANCE OF SUCH TYPES AND CLASSES OF CODE ENFORCEMENT ACTIVITIES BY
THE DESIGNEE;
B. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND ENFORCEMENT OF THE
UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
THE MINIMUM STANDARDS SHALL REIMBURSE THE DESIGNEE FOR THE COSTS AND
EXPENSES INCURRED BY THE DESIGNEE IN PERFORMING THE DESIGNATED TYPES AND
CLASSES OF CODE ENFORCEMENT ACTIVITIES; AND
C. THE SECRETARY SHALL DESIGNATE THE LOCAL GOVERNMENT WHOSE ADMINIS-
TRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY CONSERVA-
TION CONSTRUCTION CODE HAS NOT MET THE MINIMUM STANDARDS TO RESUME
PERFORMANCE OF THE DESIGNATED TYPES AND CLASSES OF CODE ENFORCEMENT
ACTIVITIES WHEN THE SECRETARY IS SATISFIED THAT SUCH LOCAL GOVERNMENT
WILL PERFORM SUCH ACTIVITIES IN A DUE AND PROPER MANNER AND WILL OTHER-
WISE PROVIDE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
STATE ENERGY CONSERVATION CONSTRUCTION CODE IN COMPLIANCE WITH THE MINI-
MUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
7. A. THE TERM "AUTHORITY HAVING JURISDICTION" AS USED IN THIS SUBDI-
VISION SHALL MEAN A LOCAL GOVERNMENT OR COUNTY THAT IS RESPONSIBLE FOR
ADMINISTERING AND ENFORCING THE UNIFORM CODE AND/OR THE ENERGY CODE
WITHIN SUCH LOCAL GOVERNMENT; THE TERM "DEFAULT CODE ENFORCEMENT
PROGRAM" SHALL MEAN THE CODE ENFORCEMENT PROGRAM ESTABLISHED BY THE
RULES AND REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH B OF THIS SUBDI-
VISION; AND THE TERM "REQUIRED FEATURES" SHALL MEAN THE FEATURES
REQUIRED BY THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION TO BE INCLUDED IN A CODE ENFORCEMENT PROGRAM.
B. THE SECRETARY IS AUTHORIZED TO PROMULGATE, AND TO AMEND FROM TIME
TO TIME, RULES AND REGULATIONS ESTABLISHING A DEFAULT CODE ENFORCEMENT
PROGRAM. SUCH DEFAULT CODE ENFORCEMENT PROGRAM SHALL INCLUDE PROVISIONS
ESTABLISHING THE REQUIRED FEATURES AND SUCH OTHER PROVISIONS AS THE
SECRETARY MAY DEEM TO BE APPROPRIATE FOR INCLUSION IN A CODE ENFORCEMENT
PROGRAM. SUCH DEFAULT CODE ENFORCEMENT PROGRAM SHALL ALSO ESTABLISH FEES
TO BE CHARGED BY ANY AUTHORITY HAVING JURISDICTION THAT ADMINISTERS AND
ENFORCES THE UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE
PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM.
S. 8008 114 A. 9008
C. ANY AUTHORITY HAVING JURISDICTION THAT HAS NOT ESTABLISHED ITS OWN
CODE ENFORCEMENT PROGRAM SHALL ADMINISTER AND ENFORCE THE UNIFORM CODE
AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF THE DEFAULT CODE
ENFORCEMENT PROGRAM.
D. ANY AUTHORITY HAVING JURISDICTION THAT ADMINISTERS AND ENFORCES THE
UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF THE
DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH C OF THIS SUBDI-
VISION SHALL, THROUGH ITS CHIEF EXECUTIVE OFFICER, HAVE FULL POWER AND
AUTHORITY TO DESIGNATE THE PUBLIC OFFICER OR AGENCY AUTHORIZED TO ISSUE
AN APPEARANCE TICKET, AND A PUBLIC OFFICER WHO, BY VIRTUE OF OFFICE,
TITLE OR POSITION, IS AUTHORIZED OR REQUIRED TO ENFORCE THE PROVISIONS
OF THE UNIFORM CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION CODE
AND THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM AS FULLY AND
WITH THE SAME FORCE AND EFFECT AS SUCH AUTHORITY HAVING JURISDICTION
WOULD HAVE TO ENFORCE PROVISIONS ESTABLISHED BY A LOCAL LAW, ORDINANCE,
OR REGULATION ENACTED OR ADOPTED BY SUCH AUTHORITY HAVING JURISDICTION.
THE DESIGNATION AUTHORIZED BY THIS PARAGRAPH SHALL NOT TAKE EFFECT UNTIL
IT HAS BEEN FILED WITH THE DEPARTMENT OF STATE, AND MUST BE MAINTAINED
ON THE WEBSITE OF SUCH AUTHORITY HAVING JURISDICTION UNLESS AND UNTIL
SUCH AUTHORITY HAVING JURISDICTION PASSES A LOCAL LAW DELEGATING THE
ENFORCEMENT AUTHORITY REFERENCED IN THIS PARAGRAPH.
E. WHERE AN AUTHORITY HAVING JURISDICTION IS ADMINISTERING AND ENFORC-
ING THE UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE
PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH
C OF THIS SUBDIVISION, ANY PERSON OR ENTITY WHO KNOWINGLY VIOLATES ANY
APPLICABLE PROVISION OF THE DEFAULT CODE ENFORCEMENT PROGRAM SHALL BE
PUNISHABLE BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF
VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH.
§ 2. Section 382 of the executive law is amended by adding two new
subdivisions 5 and 6 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL FINES IMPOSED AND
COLLECTED FOR ANY VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST
MONTHLY INTO THE TREASURY OF THE LOCAL GOVERNMENT IN WHICH SUCH
VIOLATION OCCURRED, UNLESS: (I) THE COUNTY IS ADMINISTERING AND ENFORC-
ING THE UNIFORM FIRE PREVENTION AND BUILDING CODE AND STATE ENERGY
CONSERVATION CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY
SUBDIVISION TWO OR FOUR OF SECTION THREE HUNDRED EIGHTY-ONE OF THIS
ARTICLE, IN WHICH CASE SUCH FINES AND PENALTIES COLLECTED IN CASES ARIS-
ING OUT OF THE VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST MONTHLY
INTO THE TREASURY OF THE COUNTY, (II) AN ADJOINING OR REASONABLY PROXI-
MATE LOCAL GOVERNMENT IS ADMINISTERING AND ENFORCING THE UNIFORM FIRE
PREVENTION AND BUILDING CODE AND STATE ENERGY CONSERVATION CONSTRUCTION
CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY SUBDIVISION FOUR OF SECTION
THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND
PENALTIES COLLECTED IN CASES ARISING OUT OF THE VIOLATION OF THIS
SECTION SHALL BE PAID AT LEAST MONTHLY INTO THE TREASURY OF SUCH ADJOIN-
ING OR REASONABLY PROXIMATE LOCAL GOVERNMENT, OR (III) THE SECRETARY IS
ADMINISTERING AND ENFORCING THE UNIFORM FIRE PREVENTION AND BUILDING
CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE IN SUCH LOCAL
GOVERNMENT AS PROVIDED BY SUBDIVISION TWO OR FOUR OF SECTION THREE
HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND PENAL-
TIES COLLECTED IN CASES ARISING OUT OF THE VIOLATION OF THIS SECTION
SHALL BE PAID AT LEAST MONTHLY INTO THE GENERAL FUND ESTABLISHED BY
SECTION SEVENTY-TWO OF THE STATE FINANCE LAW. WHERE TWO OR MORE LOCAL
GOVERNMENTS HAVE PROVIDED FOR JOINT ADMINISTRATION AND ENFORCEMENT OF
THE UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR
S. 8008 115 A. 9008
BOTH, BY AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE GENERAL MUNICIPAL
LAW, SUCH LOCAL GOVERNMENTS MAY PROVIDE IN SUCH AGREEMENT FOR A DIFFER-
ENT DISTRIBUTION OF SUCH FINES.
6. THE CIVIL PENALTIES PROVIDED IN SUBDIVISION FOUR OF THIS SECTION
MAY BE RECOVERED IN AN APPROPRIATE ACTION OR PROCEEDING COMMENCED BY THE
LOCAL GOVERNMENT, COUNTY, OR STATE AGENCY RESPONSIBLE FOR ADMINISTRATION
AND ENFORCEMENT OF THE UNIFORM CODE WITH RESPECT TO THE BUILDING THAT
WAS ALTERED IN VIOLATION OF ANY PROVISION OF THE UNIFORM CODE OR ANY
LAWFUL ORDER OBTAINED THEREUNDER, AND SHALL BE PAYABLE TO THE TREASURY
OF SUCH LOCAL GOVERNMENT, THE TREASURY OF SUCH COUNTY, OR THE GENERAL
FUND OF THE STATE OF NEW YORK, AS APPLICABLE.
§ 3. This act shall take effect immediately.
PART WW
Section 1. Subdivision 3 of section 2251 of the vehicle and traffic
law, as amended by section 5 of part G of chapter 59 of the laws of
2009, is amended to read as follows:
3. Fees. The triennial fee for registration of a vessel shall be:
twenty-two dollars and fifty cents [and a vessel surcharge of three
dollars and seventy-five cents,] if less than sixteen feet in length;
forty-five dollars [and a vessel surcharge of twelve dollars and fifty
cents,] if sixteen feet or over but less than twenty-six feet in length;
seventy-five dollars [and a vessel surcharge of eighteen dollars and
seventy-five cents,] if twenty-six feet or over. [All funds derived from
the collection of the vessel access surcharge pursuant to this subdivi-
sion are to be deposited in a subaccount of the "I love NY waterways"
vessel access account established pursuant to section ninety-seven-nn of
the state finance law. The vessel access surcharge shall not be consid-
ered a registration fee for purposes of section seventy-nine-b of the
navigation law.
Notwithstanding any inconsistent provision of this section, the differ-
ence collected between the fees set forth in this subdivision in effect
on and after September first, two thousand nine and the fees set forth
in this subdivision prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund. Notwithstanding any
inconsistent provision of this section, the difference collected between
the vessel surcharge set forth in this subdivision in effect on and
after September first, two thousand nine and the vessel surcharge set
forth in this subdivision in effect prior to such date shall be deposit-
ed to the credit of the dedicated highway and bridge trust fund.]
§ 2. Subdivision 2 of section 97-nn of the state finance law, as added
by chapter 524 of the laws of 2008, is amended to read as follows:
2. The "I love NY waterways" fund shall consist of [two accounts: (a)]
the "I love NY waterways" boating safety account[; and (b) the "I love
NY waterways" vessel access account. Moneys in each account shall be
kept separate and not commingled with any other moneys of the state].
§ 3. Subdivision 4 of section 97-nn of the state finance law, as
amended by chapter 524 of laws of 2008, is REPEALED.
§ 4. This act shall take effect immediately; provided, however, that
sections two and three of this act shall take effect April 1, 2024.
PART XX
Section 1. Section 15-2115 of the environmental conservation law is
amended to read as follows:
S. 8008 116 A. 9008
§ 15-2115. Taxation of real estate.
Lands owned by the state and acquired pursuant to the provisions of
title 21 of this article, exclusive of the improvements erected thereon
by the regulating districts, shall be assessed and taxed in the same
manner as state lands subject to taxation pursuant to title 2 of article
5 of the Real Property Tax Law, provided, however, that the aggregate
assessed valuations of such lands in any town shall not be reduced below
the aggregate assessed valuations thereof with the improvements thereon
at the time of their acquisition by the regulating districts, and
provided further that in case of a general increase in assessments in
any town the assessed valuations of the lands and improvements at the
time of their acquisition by the regulating districts shall be deemed to
have been increased proportionately with the increase of other real
property in such tax district. [The taxes levied thereon shall be paid
by the river regulating district under whose authority the land was
acquired.]
§ 2. Section 532 of the real property tax law is amended by adding a
new subdivision (l) to read as follows:
(L) LANDS OWNED BY THE STATE AND ACQUIRED PURSUANT TO THE PROVISIONS
OF TITLE TWENTY-ONE OF ARTICLE FIFTEEN OF THE ENVIRONMENTAL CONSERVATION
LAW EXCLUSIVE OF THE IMPROVEMENTS ERECTED THEREON ERECTED BY THE REGU-
LATING DISTRICTS.
§ 3. This act shall take effect immediately.
PART YY
Section 1. Subdivision 6 of section 5.09 of the parks, recreation and
historic preservation law is REPEALED.
§ 2. Section 7.11 of the parks, recreation and historic preservation
law, as amended by chapter 679 of the laws of 1981, is amended to read
as follows:
§ 7.11 Powers and duties of commissions. Each regional park, recre-
ation and historic preservation commission shall:
1. [Review the application of policy and plans of the office to the
park region served by the commission and review and approve the budget
for such region prior to its submission to the commissioner.
2. Adopt policies, rules and regulations applicable to its park region
subject to the general policies formulated by the commissioner and
reviewed by the council and in conformity with rules and regulations
adopted by the commissioner.
3.] Act as a central advisory agency on all matters affecting parks,
outdoor recreation and historic preservation within the park region it
serves.
[4.] 2. Represent and convey to the commissioner and council citizen
viewpoints as to the programs and needs of the park region it serves.
[5.] 3. Maintain close liaison with officials of the office having
administrative jurisdiction over the park region which it serves, and
advise such officials on local policy, operational and budgetary
matters.
§ 3. Section 7.13 of the parks, recreation and historic preservation
law is REPEALED.
§ 4. This act shall take effect immediately.
PART ZZ
S. 8008 117 A. 9008
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 THEREOF. WHEN FILING AN APPLICATION TO FORM A PURE
CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRITTEN
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
THEREOF and cities with a population of one million or more shall not be
a member of an industrial insured group, and that collectively:
(1) own, control or hold with power to vote all of the outstanding
voting shares of stock of a group captive insurance company incorporated
as a stock insurer; or
(2) represent one hundred percent of the voting members of a group
captive insurance company organized as a mutual insurer.
§ 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 28 to read as follows:
28. THE AUTHORITY MAY ESTABLISH A SUBSIDIARY CORPORATION FOR THE
PURPOSE OF FORMING A PURE CAPTIVE INSURANCE COMPANY AS PROVIDED IN
SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW. THE MEMBERS OF SUCH
SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
ING THE OFFICES OF MEMBERS OF THE AUTHORITY. 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"
S. 8008 118 A. 9008
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 THEREOF, or a public benefit
corporation or not-for-profit corporation formed by a city with a popu-
lation 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 THEREOF, and a public benefit corporation or not-for-profit
corporation formed by a city with a population of one million or more
pursuant to subsection (a) of section seven thousand five of the insur-
ance 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 premi-
ums, 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 premiums, 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 thereafter. The tax imposed by
this section shall be equal to the greater of (i) the sum of the tax
S. 8008 119 A. 9008
imposed on gross direct premiums and the tax imposed on assumed reinsur-
ance premiums or (ii) five thousand dollars.
§ 5. This act shall take effect immediately.
PART AAA
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 $22,875,000
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
2020. 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, 2022 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2022. Upon receipt, the
New York state energy research and development authority shall deposit
such funds in the energy research and development operating fund estab-
lished pursuant to section 1859 of the public authorities law. The New
York state energy research and development authority is authorized and
directed to: (1) transfer up to $4 million to the state general fund for
climate change related services and expenses of the department of envi-
ronmental conservation, $150,000 to the state general fund for services
and expenses of the department of agriculture and markets, and
$1,000,000 to the University of Rochester laboratory for laser energet-
ics from the funds received; and (2) commencing in 2016, provide to the
chair of the public service commission and the director of the budget
and the chairs and secretaries of the legislative fiscal committees, on
or before August first of each year, an itemized record, certified by
the president and chief executive officer of the authority, or his or
her designee, detailing any and all expenditures and commitments ascrib-
able 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-
S. 8008 120 A. 9008
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, 2022.
PART BBB
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2022 to the department of agriculture and markets from the
special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the department
of agriculture and markets' participation in general ratemaking
proceedings pursuant to section 65 of the public service law or certif-
ication proceedings pursuant to article 7 or 10 of the public service
law, shall be deemed expenses of the department of public service within
the meaning of section 18-a of the public service law. No later than
August 15, 2023, the commissioner of the department of agriculture and
markets shall submit an accounting of such expenses, including, but not
limited to, expenses in the 2022--2023 state fiscal year for personal
and non-personal services and fringe benefits, to the chair of the
public service commission for the chair's review pursuant to the
provisions of section 18-a of the public service law.
§ 2. Expenditures of moneys appropriated in a chapter of the laws of
2022 to the department of state from the special revenue funds-
other/state operations, miscellaneous special revenue fund-339, public
service account shall be subject to the provisions of this section.
Notwithstanding any other provision of law to the contrary, direct and
indirect expenses relating to the activities of the department of
state's utility intervention unit pursuant to subdivision 4 of section
94-a of the executive law, including, but not limited to participation
in general ratemaking proceedings pursuant to section 65 of the public
service law or certification proceedings pursuant to article 7 or 10 of
the public service law, and expenses related to the activities of the
major renewable energy development program established by section 94-c
of the executive law, shall be deemed expenses of the department of
public service within the meaning of section 18-a of the public service
law. No later than August 15, 2023, the secretary of state shall submit
an accounting of such expenses, including, but not limited to, expenses
in the 2022--2023 state fiscal year for personal and non-personal
services and fringe benefits, to the chair of the public service commis-
sion for the chair's review pursuant to the provisions of section 18-a
of the public service law.
§ 3. Expenditures of moneys appropriated in a chapter of the laws of
2022 to the office of parks, recreation and historic preservation from
the special revenue funds-other/state operations, miscellaneous special
revenue fund-339, public service account shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, direct and indirect expenses relating to the office of
parks, recreation and historic preservation's participation in general
ratemaking proceedings pursuant to section 65 of the public service law
S. 8008 121 A. 9008
or certification proceedings pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15, 2023, the commissioner of the office of parks,
recreation and historic preservation shall submit an accounting of such
expenses, including, but not limited to, expenses in the 2022--2023
state fiscal year for personal and non-personal services and fringe
benefits, to the chair of the public service commission for the chair's
review pursuant to the provisions of section 18-a of the public service
law.
§ 4. Expenditures of moneys appropriated in a chapter of the laws of
2022 to the department of environmental conservation from the special
revenue funds-other/state operations, environmental conservation special
revenue fund-301, utility environmental regulation account shall be
subject to the provisions of this section. Notwithstanding any other
provision of law to the contrary, direct and indirect expenses relating
to the department of environmental conservation's participation in state
energy policy proceedings, or certification proceedings pursuant to
article 7 or 10 of the public service law, shall be deemed expenses of
the department of public service within the meaning of section 18-a of
the public service law. No later than August 15, 2023, the commissioner
of the department of environmental conservation shall submit an account-
ing of such expenses, including, but not limited to, expenses in the
2022--2023 state fiscal year for personal and non-personal services and
fringe benefits, to the chair of the public service commission for the
chair's review pursuant to the provisions of section 18-a of the public
service law.
§ 5. Notwithstanding any other law, rule or regulation to the contra-
ry, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service. No later than August 15,
2023, the commissioner of the department of health shall submit an
accounting of expenses in the 2022--2023 state fiscal year to the chair
of the public service commission for the chair's review pursuant to the
provisions of section 217 of the public service law.
§ 6. Any expense deemed to be expenses of the department of public
service pursuant to sections one through four of this act shall not be
recovered through assessments imposed upon telephone corporations as
defined in subdivision 17 of section 2 of the public service law.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022 and shall
expire and be deemed repealed April 1, 2023.
PART CCC
Section 1. Subdivision 4 of section 31 of the public service law, as
added by chapter 713 of the laws of 1981, is amended to read as follows:
4. In the case of any application for service to a building which is
not supplied with electricity or gas, a utility corporation or munici-
pality shall be obligated to provide service to such a building,
provided however, that the commission may require applicants for ELEC-
TRIC service to buildings THAT ARE located in excess of one hundred feet
from [gas or] electric transmission lines to pay or agree in writing to
pay material and installation costs relating to the applicant's propor-
tion of the [pipe,] conduit, duct or wire, or other facilities to be
S. 8008 122 A. 9008
installed. THE COMMISSION MAY FURTHER REQUIRE APPLICANTS FOR GAS
SERVICE, REGARDLESS OF PROXIMITY TO GAS TRANSPORTATION LINES TO PAY OR
AGREE IN WRITING TO PAY ALL MATERIAL AND INSTALLATION COSTS RELATING TO
THE PIPE, CONDUIT, OR OTHER FACILITIES TO BE INSTALLED TO SERVE THE
APPLICANT. WHERE ELECTRIFICATION IS NOT A PRACTICAL ALTERNATIVE TO GAS
SERVICE, THE COMMISSION MAY REQUIRE APPLICANTS FOR GAS SERVICE TO PAY
MATERIAL AND INSTALLATION COSTS RELATING TO THE APPLICANT'S PORTION OF
THE PIPE, CONDUIT, OR OTHER FACILITIES TO BE INSTALLED IN EXCESS OF ONE
HUNDRED FEET.
§ 2. Subdivision 11 of section 2 of the public service law, as amended
by chapter 159 of the laws of 1992, is amended to read as follows:
11. The term "gas corporation," when used in this chapter, includes
every corporation, company, association, joint-stock association, part-
nership and person, their lessees, trustees or receivers appointed by
any court whatsoever, owning, operating or managing any gas plant OR
GEOTHERMAL PLANT (a) except where gas is made or produced and distrib-
uted by the maker on or through private property solely for its own use
or the use of its tenants and not for sale to others, (b) except where
compressed natural gas is sold, distributed or furnished solely as a
fuel for use in motor vehicles, (c) except where manufactured gas is
sold by the producer only for use or resale by a gas corporation and
such gas of the producer and any affiliated producers does not exceed in
any one year thirty per cent of the total gas sold by any purchaser
thereof in the area in which such manufactured gas is resold either as
manufactured gas or as a component of mixed gas, and (d) except where
gas is made or produced solely from one or more alternate energy
production facilities or distributed solely from one or more of such
facilities to users located at or near a project site; provided, howev-
er, that any producer not included within the meaning of "gas corpo-
ration" by reason of exception (c) or (d) shall nevertheless be consid-
ered a gas corporation for the purposes of commission jurisdiction
relating to the safety of the construction, operation, or maintenance of
plants manufacturing pipeline quality gas.
§ 3. Subdivision 13 of section 2 of the public service law, as amended
by chapter 843 of the laws of 1981, is amended to read as follows:
13. The term "electric corporation," when used in this chapter,
includes every corporation, company, association, joint-stock associ-
ation, partnership and person, their lessees, trustees or receivers
appointed by any court whatsoever (other than a railroad or street rail-
road corporation generating electricity solely for railroad or street
railroad purposes or for the use of its tenants and not for sale to
others) owning, operating or managing any electric plant OR GEOTHERMAL
PLANT except where electricity OR GEOTHERMAL ENERGY is generated or
distributed by the producer solely on or through private property for
railroad or street railroad purposes or for its own use or the use of
its tenants and not for sale to others; or except where electricity is
generated by the producer solely from one or more co-generation, small
hydro or alternate energy production facilities or distributed solely
from one or more of such facilities to users located at or near a
project site.
§ 4. Section 2 of the public service law is amended by adding a new
subdivision 15 to read as follows:
15. THE TERM "GEOTHERMAL PLANT," WHEN USED IN THIS CHAPTER, INCLUDES
ALL REAL ESTATE, FIXTURES AND PERSONAL PROPERTY OPERATED, OWNED, USED OR
TO BE USED FOR OR IN CONNECTION WITH OR TO FACILITATE THE TRANSMISSION,
DISTRIBUTION, SALE OR FURNISHING OF GEOTHERMAL ENERGY TO MORE THAN ONE
S. 8008 123 A. 9008
END USER ON SEPARATELY OWNED PROPERTIES THROUGH SHARED FACILITIES FOR
HEAT OR POWER.
§ 5. Paragraphs (c) and (d) of subdivision 6 of section 65 of the
public service law, paragraph (c) as amended by chapter 204 of the laws
of 2010 and paragraph (d) as amended by chapter 388 of the laws of 2011,
are amended and a new paragraph (e) is added to read as follows:
(c) for a remote meter reading device upon the request and consent of
the customer; [or]
(d) for installation of capital improvements and fixtures to promote
energy efficiency upon the request and consent of the customer, includ-
ing but not limited to the performance of qualified energy efficiency
services for customers participating in green jobs-green New York
on-bill recovery pursuant to section sixty-six-m of this article[.]; OR
(E) FOR THE PROVISION OF GEOTHERMAL SERVICE.
§ 6. This act shall take effect immediately.
PART DDD
Section 1. Paragraph (a) of subdivision 17 of section 1005 of the
public authorities law, as amended by chapter 494 of the laws of 2011,
is amended to read as follows:
(a) As deemed feasible and advisable by the trustees, to finance and
design, develop, construct, implement, provide and administer energy-re-
lated projects, programs and services for any public entity, any inde-
pendent not-for-profit institution of higher education within the state,
ANY GENERAL HOSPITAL LOCATED IN THE STATE, and any recipient of the
economic development power, expansion power, replacement power, preser-
vation power, high load factor power, municipal distribution agency
power, power for jobs, and recharge New York power programs administered
by the authority. In establishing and providing high performance and
sustainable building programs and services authorized by this subdivi-
sion, the authority is authorized to consult standards, guidelines,
rating systems, and/or criteria established or adopted by other organ-
izations, including but not limited to the United States green building
council under its leadership in energy and environmental design (LEED)
programs, the green building initiative's green globes rating system,
and the American National Standards Institute. The source of any financ-
ing and/or loans provided by the authority for the purposes of this
subdivision may be the proceeds of notes issued pursuant to section one
thousand nine-a of this title, the proceeds of bonds issued pursuant to
section one thousand ten of this title, or any other available authority
funds.
§ 2. Paragraph (b) of subdivision 17 of section 1005 of the public
authorities law is amended by adding a new subparagraph 3-a to read as
follows:
(3-A) "GENERAL HOSPITAL" HAS THE SAME MEANING ASCRIBED TO SUCH TERM IN
SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
LAW.
§ 3. This act shall take effect immediately.
PART EEE
Section 1. This act shall be known and may be cited as the "advanced
building codes, appliance and equipment efficiency standards, and build-
ing benchmarking act of 2022".
S. 8008 124 A. 9008
§ 2. Subdivision 2 of section 3-101 of the energy law, as amended by
chapter 253 of the laws of 2013, is amended to read as follows:
2. to encourage conservation of energy AND TO PROMOTE THE CLEAN ENERGY
AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO GREENHOUSE GAS
REDUCTION, SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE CLIMATE LEADERSHIP
AND COMMUNITY PROTECTION ACT, in the construction and operation of new
commercial, industrial, agricultural and residential buildings, and in
the rehabilitation of existing structures, through heating, cooling,
ventilation, lighting, insulation and design techniques and the use of
energy audits and life-cycle costing analysis;
§ 3. Subdivisions 3 and 9 of section 11-102 of the energy law, as
added by chapter 560 of the laws of 2010, are amended, subdivisions 11,
12, 13, 14, and 15 are renumbered to be subdivisions 12, 13, 14, 15, and
16, and a new subdivision 11 is added to read as follows:
3. ["ASHRAE 90.1-2007." ANSI/ASHRAE/IESNA] "ASHRAE 90.1."
ANSI/ASHRAE/IES Standard [90.1-2007] 90.1, entitled "Energy [Standards]
STANDARD for Buildings Except Low-Rise Residential Buildings," published
by American Society of Heating, Refrigerating and Air-Conditioning Engi-
neers, Inc.
9. "Historic building." Any building OR STRUCTURE that is ONE OR MORE
OF THE FOLLOWING: (a) listed, OR CERTIFIED AS ELIGIBLE FOR LISTING, on
the national register of historic places or on the state register of
historic places, (b) [determined by the commissioner of parks, recre-
ation and historic preservation to be eligible for listing on the state
register of historic places] DESIGNATED AS HISTORIC UNDER APPLICABLE
STATE OR LOCAL LAW, OR (c) [determined by the commissioner of parks,
recreation and historic preservation to be a contributing building to an
historic district that is listed or eligible for listing on the state or
national registers of historic places, or (d) otherwise defined as an
historic building in regulations adopted by the state fire prevention
and building code council] CERTIFIED AS A CONTRIBUTING RESOURCE WITHIN A
NATIONAL REGISTER-LISTED, STATE REGISTER-LISTED, OR LOCALLY DESIGNATED
HISTORIC DISTRICT.
11. "LIFE-CYCLE COST." AN ESTIMATE OF THE TOTAL COST OF ACQUISITION,
OPERATION, MAINTENANCE, AND CONSTRUCTION OF ANY SYSTEM WITHIN OR RELATED
TO A STRUCTURE OVER THE DESIGN LIFE OF THE STRUCTURE. "LIFE-CYCLE COST"
INCLUDES, BUT IS NOT LIMITED TO, THE COST OF FUEL, MATERIALS, MACHINERY,
ANCILLARY DEVICES, LABOR, SERVICE, REPLACEMENT, AND REPAIRS.
§ 4. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of
section 11-103 of the energy law, paragraph (b) of subdivision 1 as
added and subdivision 2 as amended by chapter 560 of the laws of 2010
and subdivision 3 as amended by chapter 292 of the laws of 1998, are
amended to read as follows:
(b) The code shall apply to the construction of any new building. The
code shall also apply to an addition to, and alteration of, any existing
building or building system; provided, however, that the code shall not
be interpreted to require any unaltered portion of the existing building
or building system to comply with the code. The code shall [not apply to
the following provided that the energy use of the building is not
increased:
(1) storm windows installed over existing fenestration;
(2) glass only replacements in an existing sash and frame;
(3) existing ceiling, wall or floor cavities exposed during
construction provided that these cavities are filled with insulation;
S. 8008 125 A. 9008
(4) construction where the existing roof, wall or floor cavity is not
exposed;
(5) reroofing for roofs where neither the sheathing nor the insulation
is exposed; roofs without insulation in the cavity and where the sheath-
ing or insulation is exposed during reroofing shall be insulated either
above or below the sheathing;
(6) replacement of existing doors that separate conditioned space from
the exterior shall not require the installation of a vestibule or
revolving door, provided, however, that an existing vestibule that sepa-
rates such conditioned space from the exterior shall not be removed;
(7) alterations that replace less than fifty percent of the luminaires
in a space, provided that such alterations do not increase the installed
interior lighting power;
(8) alterations that replace only the bulb and ballast within the
existing luminaires in a space provided that the alteration does not
increase the installed interior lighting power; and
(9) any other exception] BE SUBJECT TO SUCH OTHER EXCEPTIONS AS MAY BE
adopted by the state fire prevention and building code council provided
that such [exception will] EXCEPTIONS SHALL not prevent the attainment
of the compliance goals set forth in section 410(2)(c) of the American
Recovery and Reinvestment Act of 2009.
2. (A) The state fire prevention and building code council is author-
ized, from time to time as it deems appropriate and consistent with the
purposes of this article, to review and amend the code, or adopt a new
code, through rules and regulations provided that the code remains cost
effective with respect to building construction in the state. In deter-
mining whether the code remains cost effective, the code council shall
consider [whether the cost of materials and their installation to meet
its standards would be equal to or less than the present value of energy
savings that could be expected over a ten year period in the building in
which such materials are installed] (I) WHETHER COMPLYING WITH THE CODE
WOULD REDUCE OR MAINTAIN OVERALL LIFE-CYCLE COSTS UNDER A LIFE-CYCLE
COST ANALYSIS PERFORMED UNDER METHODOLOGY AS ESTABLISHED BY THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FROM TIME TO TIME, AND
(II) SECONDARY OR SOCIETAL EFFECTS, SUCH AS REDUCTIONS IN GREENHOUSE GAS
EMISSIONS. THE METHODOLOGY FOR ASSESSING COST-EFFECTIVENESS, INCLUDING
SECONDARY OR SOCIETAL EFFECTS, SHALL BE DEVELOPED THROUGH AN OPEN AND
TRANSPARENT PUBLIC PROCESS. For residential buildings, the code shall
meet or exceed the then most recently published International Energy
Conservation Code, or achieve equivalent or greater energy savings; and
for commercial buildings, the code shall meet or exceed THE THEN MOST
RECENTLY PUBLISHED ASHRAE [90.1-2007] 90.1, or achieve equivalent or
greater energy savings.
(B) WHEN ADOPTING THE FIRST AMENDED VERSION OF THE CODE NEXT FOLLOWING
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
THAT ADDED THIS PARAGRAPH, AND ANY SUBSEQUENT CODES, THE STATE FIRE
PREVENTION AND BUILDING CODE COUNCIL SHALL USE ITS BEST EFFORTS TO ADOPT
PROVISIONS FOR RESIDENTIAL BUILDINGS THAT ACHIEVE ENERGY SAVINGS GREATER
THAN ENERGY SAVINGS ACHIEVED BY THE THEN MOST RECENTLY PUBLISHED INTER-
NATIONAL ENERGY CONSERVATION CODE AND TO MEET THE GOALS OF THE NEW YORK
STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT PURSUANT TO CHAP-
TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN AND TO ADOPT
PROVISIONS FOR COMMERCIAL BUILDINGS THAT ACHIEVE ENERGY SAVINGS GREATER
THAN ENERGY SAVINGS ACHIEVED BY THE THEN MOST RECENTLY PUBLISHED ASHRAE
90.1 AND TO MEET THE GOALS OF THE NEW YORK STATE CLIMATE LEADERSHIP AND
COMMUNITY PROTECTION ACT PURSUANT TO CHAPTER ONE HUNDRED SIX OF THE LAWS
S. 8008 126 A. 9008
OF TWO THOUSAND NINETEEN, BOTH AT LEVELS RECOMMENDED BY THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, PROVIDED THAT THE STATE
FIRE PREVENTION AND BUILDING CODE COUNCIL DETERMINES THAT SUCH ADVANCED
ENERGY SAVINGS CAN BE ACHIEVED WHILE STILL MEETING THE COST EFFECTIVE-
NESS CONSIDERATIONS CONTEMPLATED BY THIS SUBDIVISION.
3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features AND CLEAN ENERGY FEATURES, INCLUDING BUT NOT LIMITED TO GREEN-
HOUSE GAS REDUCTION. Any other code, rule or regulation heretofore
promulgated or enacted by any other state agency, incorporating specific
energy conservation AND CLEAN ENERGY requirements applicable to the
construction of any building, shall be superseded by the code promulgat-
ed pursuant to this section. THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT WILL BE IMPACTED BY
THE PROMULGATED CODES, RULES, OR REGULATIONS, INCLUDING PERSONS LIVING
IN DISADVANTAGED COMMUNITIES AS IDENTIFIED BY THE CLIMATE JUSTICE WORK-
ING GROUP ESTABLISHED UNDER SECTION 75-0111 OF THE ENVIRONMENTAL CONSER-
VATION LAW.
§ 5. Subdivision 5 of section 11-104 of the energy law, as amended by
chapter 560 of the laws of 2010, is amended and a new subdivision 6 is
added to read as follows:
5. The [code shall exempt from such uniform standards and requirements
any historic building as defined in section 11-102 of this article]
STATE FIRE PREVENTION AND BUILDING CODE COUNCIL, IN CONSULTATION WITH
THE COMMISSIONER OF THE DEPARTMENT OF PARKS, RECREATION, AND HISTORIC
PRESERVATION, IS AUTHORIZED TO PROVIDE EXEMPTIONS TO SUCH UNIFORM STAND-
ARDS AND REQUIREMENTS FOR HISTORIC BUILDINGS AS DEFINED IN SECTION
11-102 OF THIS ARTICLE, TO THE EXTENT THAT THE UNIFORM STANDARDS AND
REQUIREMENTS WOULD THREATEN, DEGRADE, OR DESTROY THE HISTORIC FORM,
FABRIC, OR FUNCTION OF SUCH HISTORIC BUILDINGS.
6. TO THE FULLEST EXTENT FEASIBLE, THE CODE SHALL REQUIRE NEW
CONSTRUCTION STATEWIDE TO HAVE ZERO ONSITE GREENHOUSE GAS EMISSIONS NO
LATER THAN THE YEAR TWO THOUSAND TWENTY-SEVEN TO HELP ACHIEVE THE
STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO
GREENHOUSE GAS REDUCTION, SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF
THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND AS FURTHER IDENTI-
FIED BY THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTABLISHED PURSUANT
TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 6. The article heading of article 16 of the energy law, as added by
chapter 431 of the laws of 2005, is amended to read as follows:
APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
§ 7. Subdivision 4-a of section 16-102 of the energy law, as added by
chapter 222 of the laws of 2010, is amended to read as follows:
4-a. ["Bottle-type water dispenser" means a water dispenser that uses
a bottle or reservoir as the source of potable water.] THE FOLLOWING
DEFINITIONS REFER TO WATER COOLERS:
(A) "BOTTLE-TYPE" MEANS A WATER DISPENSER THAT USES A BOTTLE OR RESER-
VOIR AS THE SOURCE OF POTABLE WATER.
(B) "WATER COOLER" MEANS A FREESTANDING DEVICE THAT CONSUMES ENERGY TO
COOL AND/OR HEAT POTABLE WATER.
(C) "COLD ONLY UNITS" MEANS UNITS THAT DISPENSE COLD WATER ONLY.
S. 8008 127 A. 9008
(D) "HOT AND COLD UNITS" MEANS UNITS THAT DISPENSE BOTH HOT AND COLD
WATER. SOME UNITS MAY ALSO OFFER ROOM-TEMPERATURE WATER.
(E) "COOK AND COLD UNITS" MEANS UNITS THAT DISPENSE BOTH COLD AND
ROOM-TEMPERATURE WATER.
(F) "POINT OF USE (POU)" MEANS THE WATER COOLER IS CONNECTED TO A
PRESSURIZED WATER SOURCE.
(G) "CONVERSION-TYPE" MEANS A UNIT THAT SHIPS AS EITHER BOTTLE-TYPE OR
POU AND INCLUDES A CONVERSION KIT INTENDED TO CONVERT THE WATER COOLER
FROM A BOTTLE-TYPE UNIT TO A POU UNIT OR TO CONVERT A POU UNIT TO A
BOTTLE-TYPE UNIT.
(H) "STORAGE-TYPE" MEANS THERMALLY CONDITIONED WATER IS STORED IN A
TANK IN THE WATER COOLER AND IS AVAILABLE INSTANTANEOUSLY.
(I) "ON DEMAND" MEANS THE WATER COOLER HEATS WATER AS IT IS REQUESTED,
WHICH TYPICALLY TAKES A FEW MINUTES TO DELIVER.
§ 8. Subdivision 11 of section 16-102 of the energy law, as added by
chapter 431 of the laws of 2005, is amended to read as follows:
11. "Consumer audio and video product" means [televisions,] A MAINS-
CONNECTED PRODUCT THAT AMPLIFIES AUDIO, OFFERS OPTICAL, DISC PLAYER
FUNCTIONALITY, AND/OR RECEIVES AND PLAYS AUDIO AND/OR VIDEO CONTENT.
EXAMPLES OF CONSUMER AUDIO AND VIDEO PRODUCTS INCLUDE compact audio
products, digital versatile disc players, digital versatile disc record-
ers, [and] digital television adapters AND STREAMING MEDIA PLAYERS.
TELEVISIONS ARE SPECIFICALLY EXCLUDED FROM CONSUMER AUDIO AND VIDEO
PRODUCTS.
§ 9. Subdivision 18 of section 16-102 of the energy law, as added by
chapter 431 of the laws of 2005, is amended to read as follows:
18. ["Energy efficiency performance standards"] "EFFICIENCY STANDARD"
means [performance standards which prescribe a minimum level of energy
efficiency determined in accordance with test procedures prescribed by
the secretary in consultation with the president] A STANDARD THAT
DEFINES PERFORMANCE METRICS AND/OR DEFINES PRESCRIPTIVE DESIGN REQUIRE-
MENTS IN ORDER TO REDUCE ENERGY CONSUMPTION, REDUCE WATER CONSUMPTION,
REDUCE GREENHOUSE GAS EMISSIONS, AND/OR INCREASE DEMAND FLEXIBILITY
ASSOCIATED WITH THE REGULATED PRODUCT CATEGORY.
§ 10. Subdivisions 27-a and 27-b of section 16-102 of the energy law,
as added by chapter 222 of the laws of 2010, are amended to read as
follows:
27-a. "Portable electric spa" means a factory-built electric spa or
hot tub, [supplied with equipment for heating and circulating water]
WHICH MAY OR MAY NOT INCLUDE ANY COMBINATION OF INTEGRAL CONTROLS, WATER
HEATING OR WATER CIRCULATING EQUIPMENT.
27-b. "Portable light fixture" means a light fixture which has a flex-
ible cord and an attachment plug for connection to a nominal one hundred
twenty-volt, fifteen- or twenty-ampere branch circuit; which can be
relocated by the user without any rewiring; [and] which is typically
controlled with a switch located on the light fixture itself or on the
power cord; AND WHICH ARE INTENDED FOR USE IN ACCORDANCE WITH THE
NATIONAL ELECTRICAL CODE, ANSI/NFPA 70-2002. "Portable light fixture"
does not include direct plug-in nightlights; sun and heat lamps; aquari-
um lamps; medical and dental lights; portable electric hand lamps; signs
and commercial advertising displays; photographic lamps; germicidal
lamps; [metal halide lamp fixtures; torchiere lighting fixtures] ILLUMI-
NATED VANITY MIRRORS; LAVA LAMPS NOT PROVIDING GENERAL OR TASK ILLUMI-
NATION; INDUSTRIAL WORK LIGHTS RATED FOR USE WITH A LAMP PROVIDING
GREATER THAN SEVEN THOUSAND LUMENS; portable lamp fixtures for marine
use or for use in hazardous locations as defined in the national elec-
S. 8008 128 A. 9008
trical code, ANSI/NFPA 70; or decorative lighting outfits or electric
candles and candelabras without lampshades that are covered by the stan-
dard for safety of seasonal and holiday decorative products, UL 588.
§ 11. Subdivision 29-a of section 16-102 of the energy law, as added
by chapter 222 of the laws of 2010, is amended to read as follows:
29-a. "[Residential] REPLACEMENT DEDICATED-PURPOSE pool pump MOTOR"
means [a product which is designed or used to circulate and filter resi-
dential swimming pool water in order to maintain clarity and sanitation
and which consists in part of a motor and an impeller] AN ELECTRIC MOTOR
THAT:
(A) IS SINGLE-PHASE OR POLYPHASE;
(B) HAS A DEDICATED PURPOSE POOL PUMP MOTOR TOTAL HORSEPOWER OF LESS
THAN OR EQUAL TO FIVE HORSEPOWER;
(C) IS MARKETED FOR USE AS A REPLACEMENT MOTOR IN SELF-PRIMING POOL
FILTER PUMP, NON-SELF-PRIMING POOL FILTER PUMP OR PRESSURE CLEANER
BOOSTER PUMP APPLICATIONS; AND
(D) EXCLUDES POLYPHASE REPLACEMENT DEDICATED-PURPOSE POOL PUMP MOTORS
CAPABLE OF OPERATING WITHOUT A DRIVE, AND IS SOLD OR OFFERED FOR SALE
WITHOUT A DRIVE THAT CONVERTS SINGLE-PHASE POWER TO POLYPHASE POWER.
§ 12. Subdivision 33 of section 16-102 of the energy law, as added by
chapter 431 of the laws of 2005, is amended to read as follows:
33. "Television (TV)" means [a commercially available electronic prod-
uct consisting of a tuner/receiver and a monitor encased in a single
housing, which is] AN ANALOG OR DIGITAL DEVICE PRIMARILY designed to
receive and display [an analog or digital video television signal broad-
cast by an antenna, satellite, cable, or broadband source] TERRESTRIAL,
SATELLITE, CABLE, INTERNET PROTOCOL TV (IPTV), OR OTHER BROADCAST OR
RECORDED TRANSMISSIONS OF ANALOG OR DIGITAL VIDEO AND AUDIO SIGNALS. TVS
INCLUDE COMBINATION TVS, TELEVISION MONITORS, COMPONENT TVS, AND ANY
UNIT THAT IS MARKETED TO THE CONSUMER AS A TV. "Television" does not
include [multifunction TVs which have VCR, DVD, DVR, or EPG functions]
COMPUTER MONITORS.
§ 13. Section 16-102 of the energy law is amended by adding thirty-
eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
42-a, 43, 43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52, 53, 54, 55,
56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
18-A. "GREENHOUSE GAS" MEANS CARBON DIOXIDE, METHANE, NITROUS OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
SUBSTANCE EMITTED INTO THE AIR THAT MAY BE REASONABLY ANTICIPATED TO
CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
18-B. "DEMAND FLEXIBILITY" MEANS THE CAPABILITY TO SCHEDULE, SHIFT, OR
CURTAIL THE ELECTRICAL DEMAND OF A LOAD-SERVING ENTITY'S CUSTOMER
THROUGH DIRECT ACTION BY THE CUSTOMER OR THROUGH ACTION BY A THIRD
PARTY, THE LOAD-SERVING ENTITY, OR A GRID BALANCING AUTHORITY, WITH THE
CUSTOMER'S CONSENT.
21-C. "DUV" MEANS A METRIC THAT QUANTIFIES THE DISTANCE BETWEEN THE
CHROMATICITY OF A GIVEN LIGHT SOURCE AND A BLACKBODY RADIATOR OF EQUAL
CORRELATED COLOR TEMPERATURE (CCT) ON A CIE 1976 (U, V) CHROMATIC
DIAGRAM DEMONSTRATING HOW DIFFERENT TWO LIGHT SOURCES OF THE SAME COLOR
TEMPERATURE APPEAR.
21-D. "LIGHT EMITTING DIODE (LED) LAMP" MEANS A LAMP CAPABLE OF
PRODUCING LIGHT WITH DUV BETWEEN -0.012 AND 0.012, AND THAT HAS AN E12,
E17, E26, OR GU-24 BASE, INCLUDING LED LAMPS THAT ARE DESIGNED FOR
RETROFIT WITHIN EXISTING RECESSED CAN HOUSINGS THAT CONTAIN ONE OF THE
PRECEDING BASES. LED LAMP DOES NOT INCLUDE A LAMP WITH A BRIGHTNESS OF
MORE THAN TWO THOUSAND SIX HUNDRED LUMENS OR A LAMP THAT CANNOT PRODUCE
S. 8008 129 A. 9008
LIGHT WITH A CORRELATED COLOR TEMPERATURE BETWEEN TWO THOUSAND TWO
HUNDRED KELVIN AND SEVEN THOUSAND KELVIN.
38. THE FOLLOWING DEFINITIONS REFER TO AIR COMPRESSORS:
(A) "AIR COMPRESSOR" MEANS A COMPRESSOR DESIGNED TO COMPRESS AIR THAT
HAS AN INLET OPEN TO THE ATMOSPHERE OR OTHER SOURCE OF AIR, AND IS MADE
UP OF A COMPRESSION ELEMENT (BARE COMPRESSOR), DRIVER OR DRIVERS MECHAN-
ICAL EQUIPMENT TO DRIVE THE COMPRESSOR ELEMENT, AND ANY ANCILLARY EQUIP-
MENT.
(B) "COMPRESSOR" MEANS A MACHINE OR APPARATUS THAT CONVERTS DIFFERENT
TYPES OF ENERGY INTO THE POTENTIAL ENERGY OF GAS PRESSURE FOR DISPLACE-
MENT AND COMPRESSION OF GASEOUS MEDIA TO ANY HIGHER-PRESSURE VALUES
ABOVE ATMOSPHERIC PRESSURE AND HAS A PRESSURE RATIO AT FULL-LOAD OPERAT-
ING PRESSURE GREATER THAN 1.3.
39. THE FOLLOWING DEFINITIONS REFER TO AIR PURIFIERS:
(A) "AIR PURIFIER", ALSO KNOWN AS "ROOM AIR CLEANER", MEANS AN ELEC-
TRIC, CORD-CONNECTED, PORTABLE APPLIANCE WITH THE PRIMARY FUNCTION OF
REMOVING PARTICULATE MATTER FROM THE AIR AND WHICH CAN BE MOVED FROM
ROOM TO ROOM.
(B) "INDUSTRIAL AIR PURIFIER" MEANS AN INDOOR AIR CLEANING DEVICE
MANUFACTURED, ADVERTISED, MARKETED, LABELED, AND USED SOLELY FOR INDUS-
TRIAL USE THAT ARE MARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR
BUSINESSES AND PROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE. POTEN-
TIAL HEALTH HAZARD: EMITS OZONE."
40. "COMMERCIAL DISHWASHER" MEANS A MACHINE DESIGNED TO CLEAN AND
SANITIZE PLATES, POTS, PANS, GLASSES, CUPS, BOWLS, UTENSILS, AND TRAYS
BY APPLYING SPRAYS OF DETERGENT SOLUTION (WITH OR WITHOUT BLASTING MEDIA
GRANULES) AND A SANITIZING RINSE AND IS NOT A "COMPACT DISHWASHER" OR
"STANDARD DISHWASHER" (CAPACITY LESS THAN EIGHT PLACE SETTINGS PLUS SIX
SERVING PIECES AS SPECIFIED IN ANSI/AHAM DW-1 USING THE TEST LOAD SPECI-
FIED IN SECTION 2.7 OF APPENDIX C IN SUBPART B OF 10 CFR 430.2).
41. "COMMERCIAL FRYER" MEANS AN APPLIANCE FOR NON-RESIDENTIAL USE,
INCLUDING A COOKING VESSEL, IN WHICH OIL IS PLACED TO SUCH A DEPTH THAT
THE COOKING FOOD IS ESSENTIALLY SUPPORTED BY DISPLACEMENT OF THE COOKING
FLUID RATHER THAN BY THE BOTTOM OF THE VESSEL. HEAT IS DELIVERED TO THE
COOKING FLUID BY MEANS OF AN IMMERSED ELECTRIC ELEMENT OF BAND-WRAPPED
VESSEL (ELECTRIC FRYERS) OR BY HEAT TRANSFER FROM GAS BURNERS THROUGH
EITHER THE WALLS OF THE FRYER OR THROUGH TUBES PASSING THROUGH THE COOK-
ING FLUID (GAS FRYERS).
41-A. "COMMERCIAL OVEN" MEANS A CHAMBER DESIGNED FOR HEATING, ROAST-
ING, OR BAKING FOOD BY CONDUCTION, CONVECTION, RADIATION, AND/OR ELEC-
TROMAGNETIC ENERGY.
42. "COMMERCIAL STEAM COOKER" ALSO KNOWN AS "COMPARTMENT STEAMER",
MEANS A DEVICE FOR NON-RESIDENTIAL USE WITH ONE OR MORE FOOD-STEAMING
COMPARTMENTS IN WHICH THE ENERGY IN THE STEAM IS TRANSFERRED TO THE FOOD
BY DIRECT CONTACT. MODELS MAY INCLUDE COUNTERTOP MODELS, WALL-MOUNTED
MODELS, AND FLOOR MODELS MOUNTED ON A STAND, PEDESTAL, OR CABINET-STYLE
BASE.
42-A. "COMMERCIAL HOT FOOD HOLDING CABINET" MEANS A HEATED, FULLY
ENCLOSED COMPARTMENT, WITH ONE OR MORE SOLID OR PARTIAL GLASS DOORS,
THAT IS DESIGNED TO MAINTAIN THE TEMPERATURE OF HOT FOOD THAT HAS BEEN
COOKED IN A SEPARATE APPLIANCE. "COMMERCIAL HOT FOOD HOLDING CABINET"
DOES NOT INCLUDE HEATED GLASS MERCHANDISING CABINETS, DRAWER WARMERS OR
COOK-AND-HOLD APPLIANCES.
43. "COMPUTER" MEANS A DEVICE THAT PERFORMS LOGICAL OPERATIONS AND
PROCESSES DATA. A COMPUTER INCLUDES BOTH STATIONARY AND PORTABLE UNITS
AND INCLUDES A DESKTOP COMPUTER, A PORTABLE ALL-IN-ONE, A NOTEBOOK
S. 8008 130 A. 9008
COMPUTER, A MOBILE GAMING SYSTEM, A HIGH-EXPANDABILITY COMPUTER, A
SMALL-SCALE SERVER, A THIN CLIENT, AND A WORKSTATION. ALTHOUGH A COMPUT-
ER IS CAPABLE OF USING INPUT DEVICES AND DISPLAYS, SUCH DEVICES ARE NOT
REQUIRED TO BE INCLUDED WITH THE COMPUTER WHEN THE COMPUTER IS SHIPPED.
A COMPUTER IS COMPOSED OF, AT A MINIMUM, (A) A CENTRAL PROCESSING UNIT
(CPU) TO PERFORM OPERATIONS OR, IF NO CPU IS PRESENT, THEN THE DEVICE
MUST FUNCTION AS A CLIENT GATEWAY TO A SERVER, AND THE SERVER ACTS AS A
COMPUTATIONAL CPU; (B) THE ABILITY TO SUPPORT USER INPUT DEVICES SUCH AS
A KEYBOARD, MOUSE, OR TOUCH PAD; AND (C) AN INTEGRATED DISPLAY SCREEN OR
THE ABILITY TO SUPPORT AN EXTERNAL DISPLAY SCREEN TO OUTPUT INFORMATION.
THE TERM "COMPUTER" DOES NOT INCLUDE A TABLET, A GAME CONSOLE, A TELE-
VISION, A DEVICE WITH AN INTEGRATED AND PRIMARY DISPLAY THAT HAS A
SCREEN SIZE OF TWENTY SQUARE INCHES OR LESS, A SERVER OTHER THAN A
SMALL-SCALE SERVER, OR AN INDUSTRIAL COMPUTER.
43-A. "COMPUTER MONITOR" MEANS AN ANALOG OR DIGITAL DEVICE OF SIZE
GREATER THAN OR EQUAL TO SEVENTEEN INCHES AND LESS THAN OR EQUAL TO
SIXTY-ONE INCHES, THAT HAS A PIXEL DENSITY OF GREATER THAN FIVE THOUSAND
PIXELS PER SQUARE INCH, AND THAT IS DESIGNED PRIMARILY FOR THE DISPLAY
OF COMPUTER-GENERATED SIGNALS FOR VIEWING BY ONE PERSON IN A DESK-BASED
ENVIRONMENT. A COMPUTER MONITOR IS COMPOSED OF A DISPLAY SCREEN AND
ASSOCIATED ELECTRONICS. A COMPUTER MONITOR DOES NOT INCLUDE, (A)
DISPLAYS WITH INTEGRATED OR REPLACEABLE BATTERIES DESIGNED TO SUPPORT
PRIMARY OPERATION WITHOUT AC MAINS OR EXTERNAL DC POWER (E.G. ELECTRONIC
READERS, MOBILE PHONES, PORTABLE TABLETS, BATTERY-POWERED DIGITAL
PICTURE FRAMES); OR (B) A TELEVISION OR SIGNAGE DISPLAY.
44. "GENERAL SERVICE LAMP" SHALL INCLUDE THE FOLLOWING DEFINITIONS:
(A) "COMPACT FLUORESCENT LAMP (CFL)" MEANS AN INTEGRATED OR NON-INTE-
GRATED SINGLE-BASE, LOW-PRESSURE MERCURY, ELECTRIC-DISCHARGE SOURCE IN
WHICH A FLUORESCING COATING TRANSFORMS SOME OF THE ULTRAVIOLET ENERGY
GENERATED BY THE MERCURY DISCHARGE INTO LIGHT; THIS TERM SHALL NOT
INCLUDE CIRCLINE OR U-SHAPED LAMPS.
(B) "GENERAL SERVICE INCANDESCENT LAMP" MEANS A STANDARD INCANDESCENT
OR HALOGEN TYPE LAMP THAT IS INTENDED FOR GENERAL SERVICE APPLICATIONS,
HAS A MEDIUM SCREW BASE, HAS A LUMEN RANGE OF NOT LESS THAN THREE
HUNDRED TEN LUMENS AND NOT MORE THAN TWO THOUSAND SIX HUNDRED LUMENS, OR
IN THE CASE OF A MODIFIED SPECTRUM LAMP, NOT LESS THAN TWO HUNDRED THIR-
TY-TWO LUMENS AND NOT MORE THAN ONE THOUSAND NINE HUNDRED FIFTY LUMENS,
AND IS CAPABLE OF BEING OPERATED AT A VOLTAGE RANGE AT LEAST PARTIALLY
WITHIN ONE HUNDRED TEN AND ONE HUNDRED THIRTY VOLTS; PROVIDED, HOWEVER,
THAT THIS DEFINITION SHALL NOT APPLY TO THE FOLLOWING INCANDESCENT
LAMPS:
(I) APPLIANCE LAMPS;
(II) BLACK LIGHT LAMPS;
(III) BUG LAMPS;
(IV) COLORED LAMPS;
(V) G SHAPE LAMPS (AS DEFINED IN ANSI C78.20 AND C79.1-2002) WITH A
DIAMETER OF FIVE INCHES OR MORE;
(VI) INFRARED LAMPS;
(VII) LEFT-HAND THREAD LAMPS;
(VIII) MARINE LAMPS;
(IX) MARINE SIGNAL SERVICE LAMPS;
(X) MINE SERVICE LAMPS;
(XI) PLANT LIGHT LAMPS;
(XII) REFLECTOR LAMPS;
(XIII) SIGN SERVICE LAMPS;
(XIV) SILVER BOWL LAMPS;
S. 8008 131 A. 9008
(XV) SHOWCASE LAMPS;
(XVI) ROUGH SERVICE LAMPS;
(XVII) SHATTER-RESISTANT LAMPS (INCLUDING SHATTER-PROOF LAMPS AND
SHATTER-PROTECTED LAMPS);
(XVIII) 3-WAY INCANDESCENT LAMPS;
(XIX) VIBRATION SERVICE LAMPS;
(XX) AB, BA, CA, F, G16-1/2, G-25, G30, S, OR M-14 LAMPS (AS DEFINED
IN ANSI C79.1-2002 AND ANSI C78.20) OF FORTY WATTS OR LESS;
(XXI) T SHAPE LAMPS (AS DEFINED IN ANSI C78.20 AND ANSI C79.1-2002)
AND THAT USES NOT MORE THAN FORTY WATTS OR HAS A LENGTH OF MORE THAN TEN
INCHES; AND
(XXII) TRAFFIC SIGNAL LAMPS.
(C) "GENERAL SERVICE LAMP" MEANS A LAMP THAT HAS AN ANSI BASE, IS ABLE
TO OPERATE AT A VOLTAGE OF TWELVE VOLTS OR TWENTY-FOUR VOLTS, AT OR
BETWEEN ONE HUNDRED TO ONE HUNDRED THIRTY VOLTS, AT OR BETWEEN TWO
HUNDRED TWENTY TO TWO HUNDRED FORTY VOLTS, OR OF TWO HUNDRED SEVENTY-
SEVEN VOLTS FOR INTEGRATED LAMPS, OR IS ABLE TO OPERATE AT ANY VOLTAGE
FOR NON-INTEGRATED LAMPS, HAS AN INITIAL LUMEN OUTPUT OF GREATER THAN OR
EQUAL TO THREE HUNDRED TEN LUMENS (OR TWO HUNDRED THIRTY-TWO LUMENS FOR
MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS) AND LESS THAN OR
EQUAL TO THREE THOUSAND THREE HUNDRED LUMENS, IS NOT A LIGHT FIXTURE, IS
NOT AN LED DOWNLIGHT RETROFIT KIT, AND IS USED IN GENERAL LIGHTING
APPLICATIONS. GENERAL SERVICE LAMPS SHALL INCLUDE, BUT NOT BE LIMITED
TO, GENERAL SERVICE INCANDESCENT LAMPS, INCANDESCENT REFLECTOR LAMPS,
COMPACT FLUORESCENT LAMPS, GENERAL SERVICE LIGHT EMITTING DIODE LAMPS,
AND GENERAL SERVICE ORGANIC LIGHT EMITTING DIODE LAMPS. GENERAL SERVICE
LAMPS SHALL NOT INCLUDE:
(I) APPLIANCE LAMPS;
(II) BLACK LIGHT LAMPS;
(III) BUG LAMPS;
(IV) COLORED LAMPS;
(V) G SHAPE LAMPS WITH A DIAMETER OF FIVE INCHES OR MORE AS DEFINED IN
ANSI C79.1-2002;
(VI) GENERAL SERVICE FLUORESCENT LAMPS;
(VII) HIGH INTENSITY DISCHARGE LAMPS;
(VIII) INFRARED LAMPS;
(IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, AND JT SHAPE LAMPS THAT DO NOT
HAVE EDISON SCREW BASES;
(X) LAMPS THAT HAVE A WEDGE BASE OR PREFOCUS BASE;
(XI) LEFT-HAND THREAD LAMPS;
(XII) MARINE LAMPS;
(XIII) MARINE SIGNAL SERVICE LAMPS;
(XIV) MINE SERVICE LAMPS;
(XV) MR SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL EQUAL TO SIXTEEN
(DIAMETER EQUAL TO TWO INCHES) AS DEFINED IN ANSI C79.1-2002, OPERATE AT
TWELVE VOLTS AND HAVE A LUMEN OUTPUT GREATER THAN OR EQUAL TO 800;
(XVI) OTHER FLUORESCENT LAMPS;
(XVII) PLANT LIGHT LAMPS;
(XVIII) R20 SHORT LAMPS;
(XIX) REFLECTOR LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS THAN
SIXTEEN (DIAMETER LESS THAN TWO INCHES) AS DEFINED IN ANSI C79.1-2002
AND THAT DO NOT HAVE E26/E24, E26D, E26/50X39, E26/53X39, E29/28,
E29/53X39, E39, E39D, EP39, OR EX39 BASES;
(XX) S SHAPE OR G SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS
THAN OR EQUAL TO 12.5 (DIAMETER LESS THAN OR EQUAL TO 1.5625 INCHES) AS
DEFINED IN ANSI C79.1-2002;
S. 8008 132 A. 9008
(XXI) SIGN SERVICE LAMPS;
(XXII) SILVER BOWL LAMPS;
(XXIII) SHOWCASE LAMPS;
(XXIV) SPECIALTY MR LAMPS;
(XXV) T SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS THAN OR EQUAL
TO 8 (DIAMETER LESS THAN OR EQUAL TO ONE INCH) AS DEFINED IN ANSI
C79.1-2002, NOMINAL OVERALL LENGTH LESS THAN TWELVE INCHES, AND THAT ARE
NOT COMPACT FLUORESCENT LAMPS; AND
(XXVI) TRAFFIC SIGNAL LAMPS.
(D) "GENERAL SERVICE LIGHT-EMITTING DIODE (LED) LAMP" MEANS AN INTE-
GRATED OR NON-INTEGRATED LED LAMP DESIGNED FOR USE IN GENERAL LIGHTING
APPLICATIONS AND THAT USES LIGHT-EMITTING DIODES AS THE PRIMARY SOURCE
OF LIGHT.
(E) "GENERAL SERVICE ORGANIC LIGHT-EMITTING DIODE (OLED) LAMP" MEANS A
THIN-FILM LIGHT-EMITTING DEVICE THAT TYPICALLY CONSISTS OF A SERIES OF
ORGANIC LAYERS BETWEEN TWO ELECTRICAL CONTACTS (ELECTRODES).
(F) "INCANDESCENT REFLECTOR LAMP" OR "REFLECTOR LAMP" MEANS ANY LAMP
IN WHICH LIGHT IS PRODUCED BY A FILAMENT HEATED TO INCANDESCENCE BY AN
ELECTRIC CURRENT, WHICH: CONTAINS AN INNER REFLECTIVE COATING ON THE
OUTER BULB TO DIRECT THE LIGHT; IS NOT COLORED; IS NOT DESIGNED FOR
ROUGH OR VIBRATION SERVICE APPLICATIONS; IS NOT AN R20 SHORT LAMP; HAS
AN R, PAR, ER, BR, BPAR, OR SIMILAR BULB SHAPES WITH AN E26 MEDIUM SCREW
BASE; HAS A RATED VOLTAGE OR VOLTAGE RANGE THAT LIES AT LEAST PARTIALLY
IN THE RANGE OF ONE HUNDRED FIFTEEN AND ONE HUNDRED THIRTY VOLTS; HAS A
DIAMETER THAT EXCEEDS 2.25 INCHES; AND HAS A RATED WATTAGE THAT IS FORTY
WATTS OR HIGHER.
45. "FEDERALLY EXEMPT FLUORESCENT LAMP" MEANS ANY LINEAR LAMPS
EXCLUDED FROM THE DEFINITION OF GENERAL SERVICE FLUORESCENT LAMPS IN 10
CFR 430.32(N). FEDERALLY EXEMPT FLUORESCENT LAMPS INCLUDE HIGH-CRI LINE-
AR FLUORESCENT LAMPS, IMPACT-RESISTANT LINEAR FLUORESCENT LAMPS, COLD-
TEMPERATURE LINEAR FLUORESCENT LAMPS, AND LESS THAN FOUR-FOOT LINEAR
FLUORESCENT LAMPS.
46. THE FOLLOWING DEFINITIONS REFER TO PORTABLE AIR CONDITIONERS:
(A) "PORTABLE AIR CONDITIONER" MEANS A PORTABLE ENCASED ASSEMBLY,
OTHER THAN A PACKAGED TERMINAL AIR CONDITIONER, ROOM AIR CONDITIONER, OR
DEHUMIDIFIER, THAT DELIVERS COOLED, CONDITIONED AIR TO AN ENCLOSED
SPACE, AND IS POWERED BY SINGLE-PHASE ELECTRIC CURRENT. SUCH PORTABLE
AIR CONDITIONER INCLUDES A SOURCE OF REFRIGERATION AND MAY INCLUDE ADDI-
TIONAL MEANS FOR AIR CIRCULATION AND HEATING AND MAY BE A SINGLE-DUCT OR
A DUAL-DUCT PORTABLE AIR CONDITIONER.
(B) "SINGLE-DUCT PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
TIONER THAT DRAWS ALL OF THE CONDENSER INLET AIR FROM THE CONDITIONED
SPACE WITHOUT THE MEANS OF A DUCT AND DISCHARGES THE CONDENSER OUTLET
AIR OUTSIDE THE CONDITIONED SPACE THROUGH A SINGLE-DUCT ATTACHED TO AN
ADJUSTABLE WINDOW BRACKET.
(C) "DUAL-DUCT PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
TIONER THAT DRAWS SOME OR ALL OF THE CONDENSER INLET AIR FROM OUTSIDE
THE CONDITIONED SPACE THROUGH A DUCT ATTACHED TO AN ADJUSTABLE WINDOW
BRACKET, MAY DRAW ADDITIONAL CONDENSER INLET AIR FROM THE CONDITIONED
SPACE, AND DISCHARGES THE CONDENSER OUTLET AIR OUTSIDE THE CONDITIONED
SPACE BY MEANS OF A SEPARATE DUCT ATTACHED TO AN ADJUSTABLE WINDOW
BRACKET.
46-A. "RESIDENTIAL VENTILATING FAN" MEANS A FAN WITH THE PURPOSE TO
ACTIVELY SUPPLY AIR TO OR REMOVE AIR FROM THE INSIDE OF A RESIDENCE.
THIS INCLUDES CEILING AND WALL-MOUNTED FANS OR REMOTELY MOUNTED IN-LINE
FANS DESIGNED TO BE USED IN A BATHROOM OR UTILITY ROOM, SUPPLY FANS
S. 8008 133 A. 9008
DESIGNED TO PROVIDE AIR TO INDOOR SPACE AND KITCHEN RANGE HOODS. SUPPLY
FANS MAY ALSO BE DESIGNED TO FILTER INCOMING AIR.
47. "TELEPHONE" MEANS AN ELECTRONIC PRODUCT WHOSE PRIMARY PURPOSE IS
TO TRANSMIT AND RECEIVE SOUND OVER A DISTANCE USING A VOICE OR DATA
NETWORK.
48. THE FOLLOWING DEFINITIONS REFER TO FAUCETS AND SHOWERHEADS:
(A) "FAUCET" MEANS A LAVATORY FAUCET, KITCHEN FAUCET, METERING FAUCET,
PUBLIC LAVATORY FAUCET, OR REPLACEMENT AERATOR FOR A LAVATORY, PUBLIC
LAVATORY OR KITCHEN FAUCET.
(B) "PUBLIC LAVATORY FAUCET" MEANS A FITTING INTENDED TO BE INSTALLED
IN NONRESIDENTIAL BATHROOMS THAT ARE EXPOSED TO WALK-IN TRAFFIC.
(C) "METERING FAUCET" MEANS A FAUCET THAT, WHEN TURNED ON, WILL GRADU-
ALLY SHUT ITSELF OFF OVER A PERIOD OF SEVERAL SECONDS.
(D) "REPLACEMENT AERATOR" MEANS AN AERATOR SOLD AS A REPLACEMENT,
SEPARATE FROM THE FAUCET TO WHICH IT IS INTENDED TO BE ATTACHED.
(E) "SHOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS DISCHARGED FOR
A SHOWER BATH AND INCLUDES A HAND-HELD SHOWERHEAD BUT DOES NOT INCLUDE A
SAFETY SHOWER SHOWERHEAD.
(F) "HAND-HELD SHOWERHEAD" MEANS A SHOWERHEAD THAT CAN BE HELD OR
FIXED IN PLACE FOR THE PURPOSE OF SPRAYING WATER ONTO A BATHER AND THAT
IS CONNECTED TO A FLEXIBLE HOSE.
49. THE FOLLOWING DEFINITIONS REFER TO URINALS AND WATER CLOSETS:
(A) "PLUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE, WHICH CONNECTS TO
A PLUMBING SYSTEM TO DELIVER AND DRAIN AWAY WATER AND WASTE.
(B) "URINAL" MEANS A PLUMBING FIXTURE THAT RECEIVES ONLY LIQUID BODY
WASTE AND, CONVEYS THE WASTE THROUGH A TRAP INTO A DRAINAGE SYSTEM.
(C) "WATER CLOSET" MEANS A PLUMBING FIXTURE HAVING A WATER-CONTAINING
RECEPTOR THAT RECEIVES LIQUID AND SOLID BODY WASTE THROUGH AN EXPOSED
INTEGRAL TRAP INTO A DRAINAGE SYSTEM.
(D) "DUAL-FLUSH EFFECTIVE FLUSH VOLUME" MEANS THE AVERAGE FLUSH VOLUME
OF TWO REDUCED FLUSHES AND ONE FULL FLUSH.
(E) "DUAL-FLUSH WATER CLOSET" MEANS A WATER CLOSET INCORPORATING A
FEATURE THAT ALLOWS THE USER TO FLUSH THE WATER CLOSET WITH EITHER A
REDUCED OR A FULL VOLUME OF WATER.
(F) "TROUGH-TYPE URINAL" MEANS A URINAL DESIGNED FOR SIMULTANEOUS USE
BY TWO OR MORE PERSONS.
50. THE FOLLOWING DEFINITIONS REFER TO SPRAY SPRINKLER BODIES:
(A) "PRESSURE REGULATOR" MEANS A DEVICE THAT MAINTAINS CONSTANT OPER-
ATING PRESSURE IMMEDIATELY DOWNSTREAM FROM THE DEVICE, GIVEN HIGHER
PRESSURE UPSTREAM.
(B) "SPRAY SPRINKLER BODY" MEANS THE EXTERIOR CASE OR SHELL OF A
SPRINKLER INCORPORATING A MEANS OF CONNECTION TO THE PIPING SYSTEM
DESIGNED TO CONVEY WATER TO A NOZZLE OR ORIFICE.
51."UNINTERRUPTABLE POWER SUPPLY" MEANS A BATTERY CHARGER CONSISTING
OF A COMBINATION OF CONVERTORS, SWITCHES AND ENERGY STORAGE DEVICES
(SUCH AS BATTERIES), CONSTITUTING A POWER SYSTEM FOR MAINTAINING CONTI-
NUITY OF LOAD POWER IN CASE OF INPUT POWER FAILURE.
52. "COMMERCIAL BATTERY CHARGER SYSTEM (BCS)" OR "STATE-REGULATED BCS"
MEANS A BATTERY CHARGER COUPLED WITH ITS BATTERIES OR BATTERY CHARGERS
COUPLED WITH THEIR BATTERIES, WHICH TOGETHER ARE REFERRED TO AS STATE-
REGULATED BATTERY CHARGER SYSTEMS. THIS TERM COVERS ALL RECHARGEABLE
BATTERIES OR DEVICES INCORPORATING A RECHARGEABLE BATTERY AND THE CHAR-
GERS USED WITH THEM. BATTERY CHARGER SYSTEMS INCLUDE, BUT ARE NOT
LIMITED TO:
S. 8008 134 A. 9008
(A) ELECTRONIC DEVICES WITH A BATTERY THAT ARE NORMALLY CHARGED FROM
AC LINE VOLTAGE OR DC INPUT VOLTAGE THROUGH AN INTERNAL OR EXTERNAL
POWER SUPPLY AND A DEDICATED BATTERY CHARGER;
(B) THE BATTERY AND BATTERY CHARGER COMPONENTS OF DEVICES THAT ARE
DESIGNED TO RUN ON BATTERY POWER DURING PART OR ALL OF THEIR OPERATIONS;
(C) DEDICATED BATTERY SYSTEMS PRIMARILY DESIGNED FOR ELECTRICAL OR
EMERGENCY BACKUP; AND
(D) DEVICES WHOSE PRIMARY FUNCTION IS TO CHARGE BATTERIES, ALONG WITH
THE BATTERIES THEY ARE DESIGNED TO CHARGE. THESE UNITS INCLUDE CHARGERS
FOR POWER TOOL BATTERIES AND CHARGERS FOR AUTOMOTIVE, AA, AAA, C, D, OR
9V RECHARGEABLE BATTERIES, AS WELL AS CHARGERS FOR BATTERIES USED IN
LARGER INDUSTRIAL MOTIVE EQUIPMENT AND A LA CARTE CHARGERS.
THE CHARGING CIRCUITRY OF BATTERY CHARGER SYSTEMS MAY OR MAY NOT BE
LOCATED WITHIN THE HOUSING OF THE END-USE DEVICE ITSELF. IN MANY CASES,
THE BATTERY MAY BE CHARGED WITH A DEDICATED EXTERNAL CHARGER AND POWER
SUPPLY COMBINATION THAT IS SEPARATE FROM THE DEVICE THAT RUNS ON POWER
FROM THE BATTERY. STATE-REGULATED BATTERY CHARGER SYSTEMS DO NOT INCLUDE
FEDERALLY REGULATED BATTERY CHARGERS THAT ARE COVERED UNDER STANDARDS IN
10 C.F.R. SECTION 430.32(Z).
53. "GAS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR A HEATING GAS
FIREPLACE.
(A) "DECORATIVE GAS FIREPLACE" MEANS A VENTED FIREPLACE, INCLUDING
APPLIANCES THAT ARE FREESTANDING, RECESSED, ZERO CLEARANCE, OR A GAS
FIREPLACE INSERT, THAT IS FUELED BY NATURAL GAS OR PROPANE, IS MARKED
FOR DECORATIVE USE ONLY, AND IS NOT EQUIPPED WITH A THERMOSTAT OR
INTENDED FOR USE AS A HEATER.
(B) "HEATING GAS FIREPLACE" MEANS A VENTED FIREPLACE, INCLUDING
APPLIANCES THAT ARE FREESTANDING, RECESSED, ZERO CLEARANCE, OR A GAS
FIREPLACE INSERT, THAT IS FUELED BY NATURAL GAS OR PROPANE AND IS NOT A
DECORATIVE FIREPLACE
54. "MANUFACTURED HOME" HAS THE MEANING ASCRIBED TO THAT TERM BY
SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW.
55. "RECREATIONAL VEHICLE" MEANS A VAN OR UTILITY VEHICLE USED FOR
RECREATIONAL PURPOSES.
56. "UNIFORM CODE" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE ADOPTED PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE
LAW.
57. "ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION
CONSTRUCTION CODE ADOPTED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER.
58. "ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)" MEANS EQUIPMENT THAT
SUPPLIES ELECTRICITY IN AN APPROPRIATE FORM TO STORAGE DEVICES, INCLUD-
ING BATTERIES AND SUPER CAPACITATORS, THAT ARE PART OF ELECTRIC VEHI-
CLES. SUCH TERM SHALL INCLUDE EQUIPMENT THAT PERFORMS THIS FUNCTION AND
EQUIPMENT THAT IS EMBEDDED IN ELECTRIC VEHICLES.
59. "ELECTRIC VEHICLE" MEANS AN ON-ROAD VEHICLE THAT DRAWS ELECTRICITY
FOR PROPULSION FROM A TRACTION BATTERY WITH A LEAST FIVE KILOWATT-HOURS
(KWH) OF CAPACITY, AND USES AN EXTERNAL SOURCE OF ENERGY TO RECHARGE THE
BATTERY. SUCH TERM SHALL INCLUDE A PLUG-IN HYBRID ELECTRIC VEHICLE
(PHEV) WITH A SECOND SOURCE OF ENERGY FOR PROPULSION, AND A BATTERY
ELECTRIC VEHICLE (BEV), WHICH IS POWERED SOLELY BY EXTERNALLY SUPPLIED
ELECTRICITY STORED ON-BOARD SUCH ELECTRIC VEHICLE.
60. "COMMERCIAL CLOTHES DRYER" MEANS A CLOTHES DRYER DESIGNED TO DRY
FABRICS IN A TUMBLE-TYPE DRUM WITH FORCED AIR CIRCULATION AND IS
DESIGNED FOR USE IN:
S. 8008 135 A. 9008
(A) APPLICATIONS IN WHICH THE OCCUPANTS OF MORE THAN ONE HOUSEHOLD
WILL BE USING THE CLOTHES DRYER, INCLUDING MULTI-FAMILY HOUSING COMMON
AREAS AND COIN LAUNDRIES; OR
(B) OTHER COMMERCIAL APPLICATIONS.
61. "COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS" MEANS A ROTARY-BLADED
MACHINE USED TO CONVERT POWER TO AIR POWER, WITH A BRAKE HORSEPOWER
GREATER THAN OR EQUAL TO EITHER ONE KILOWATT OR ONE HORSEPOWER, AND AN
AIR HORSEPOWER LESS THAN OR EQUAL TO ONE HUNDRED FIFTY, AND USED FOR
COMMERCIAL AND INDUSTRIAL PURPOSES.
62. "IMAGING EQUIPMENT" MEANS COPIERS, PRINTERS, SCANNERS, FAX
MACHINES, AND MULTIFUNCTION DEVICES USED BOTH IN HOMES AND BUSINESSES.
63. "LANDSCAPE IRRIGATION CONTROLLER" MEANS A DEVICE INTENDED TO
REMOTELY CONTROL VALVES TO OPERATE AN IRRIGATION SYSTEM FOR LANDSCAPES,
WHICH MAY CONSIST OF GRASS, SHRUBS, TREES AND/OR OTHER VEGETATION. THIS
TERM SHALL NOT INCLUDE DEVICES THAT ARE TYPICALLY SOLD SEPARATELY AND
USED PRIMARILY FOR OTHER PURPOSES, SUCH AS A NETWORK ROUTER, AND MAY BE
USED INCIDENTALLY FOR A LANDSCAPE IRRIGATION CONTROLLER. THIS TERM SHALL
NOT INCLUDE BATTERY POWERED HOSE-END TIMERS OR DEVICES USED PRIMARILY IN
AGRICULTURAL APPLICATIONS.
64. "OUTDOOR LIGHTING" MEANS ELECTRICAL LIGHTING USED TO ILLUMINATE
OUTDOOR AREAS, INCLUDING PARKING LOTS, STREETLIGHTS, HIGHWAYS AND AREA
LUMINAIRES.
65. "PLUG-IN LUMINOUS SIGNS" MEANS A SELF-CONTAINED, LUMINOUS SIGN
UNIT THAT PLUGS INTO 120V AC BUILDING MAINS POWER AND IS INTENDED FOR
INDOOR USE ONLY. SIGNS MAY BE INTENDED FOR USE IN COMMERCIAL OUTLETS IN
BUSINESS ESTABLISHMENTS OR IN RESIDENCES.
66. "SMALL NETWORK EQUIPMENT" MEANS A DEVICE WHOSE PRIMARY FUNCTION IS
TO PASS INTERNET PROTOCOL (IP) TRAFFIC AMONG VARIOUS NETWORK INTERFACES
OR PORTS INTENDED FOR USE IN RESIDENTIAL AND SMALL BUSINESS SETTINGS.
67. "TUB SPOUT DIVERTERS" MEANS THE FOLLOWING DEFINITIONS:
(A) A BATH AND SHOWER DIVERTER WHOSE DIVERTER MECHANISM IS LOCATED IN
THE TUB SPOUT; AND/OR
(B) BATH AND SHOWER DIVERTER MEANS A DEVICE USED TO DIRECT THE FLOW OF
WATER EITHER TOWARD A TUB SPOUT OR TOWARD A SECONDARY OUTLET INTENDED
FOR SHOWERING PURPOSES, INCLUDING A SHOWERHEAD OR BODY SPRAY.
§ 14. Section 16-104 of the energy law, as added by chapter 431 of the
laws of 2005, subdivision 1 as amended by chapter 222 of the laws of
2010, is amended to read as follows:
§ 16-104. Applicability, conduct prohibited. 1. The provisions of
this article apply to the ESTABLISHMENT OF, testing FOR COMPLIANCE WITH,
certification OF COMPLIANCE WITH, and enforcement of efficiency stand-
ards for the following new products which are sold, OR offered for sale,
LEASED OR OFFERED FOR LEASE, RENTED OR OFFERED FOR RENT or installed OR
OFFERED TO INSTALL in New York state, UNLESS PREEMPTING FEDERAL APPLI-
ANCE STANDARDS ARE IN EFFECT: (a) automatic commercial ice cube
machines; (b) ceiling fan light kits; (c) commercial pre-rinse spray
valves; (d) commercial refrigerators, freezers and refrigerator-freez-
ers; (e) consumer audio and video products AND TELEVISIONS; (f) illumi-
nated exit signs; (g) incandescent reflector lamps; (h) very large
commercial packaged air-conditioning and heating equipment; (i) metal
halide lamp fixtures; (j) pedestrian traffic signal modules; (k) power
supplies; (l) torchiere lighting fixtures; (m) unit heaters; (n) vehicu-
lar traffic signal modules; (o) portable light fixtures; (p) bottle-type
water dispensers; (q) commercial hot food holding cabinets; (r) portable
electric spas; [and] (s) [residential] REPLACEMENT DEDICATED-PURPOSE
pool [pumps] PUMP MOTORS; (T) AIR COMPRESSORS; (U) AIR PURIFIERS; (V)
S. 8008 136 A. 9008
COMMERCIAL DISHWASHERS; (W) COMMERCIAL FRYERS; (X) COMMERCIAL STEAM
COOKERS; (Y) COMPUTERS AND COMPUTER MONITORS; (Z) GENERAL SERVICE LAMPS;
(AA) FEDERALLY EXEMPT FLUORESCENT LAMPS; (BB) PORTABLE AIR CONDITIONERS;
(CC) RESIDENTIAL VENTILATING FANS; (DD) TELEPHONES; (EE) FAUCETS; (FF)
SHOWERHEADS; (GG) URINALS; (HH) WATER CLOSETS; (II) SPRINKLER BODIES;
(JJ) UNINTERRUPTABLE POWER SUPPLIES; (KK) LIGHT EMITTING DIODE LAMPS;
(LL) ELECTRIC VEHICLE SUPPLY EQUIPMENT; (MM) COMMERCIAL BATTERY CHARGER
SYSTEMS; (NN) COMMERCIAL OVENS; (OO) COMMERCIAL CLOTHES DRYERS; (PP)
COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS; (QQ) IMAGING EQUIPMENT; (RR)
LANDSCAPE IRRIGATION CONTROLLERS; (SS) OUTDOOR LIGHTING; (TT) PLUG-IN
LUMINOUS SIGNS; (UU) SMALL NETWORK EQUIPMENT; (VV) TUB SPOUT DIVERTERS;
(WW) COMMERCIAL HOT FOOD HOLDING CABINETS; (XX) GAS FIREPLACES; (YY)
PRODUCTS FOR WHICH EFFICIENCY STANDARDS SHALL HAVE BEEN ESTABLISHED
PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF SECTION 16-106 OF
THIS ARTICLE; AND (ZZ) PRODUCTS THAT ARE SUBJECT TO ANY FEDERAL EFFI-
CIENCY STANDARD REFERRED TO IN SECTION 16-105 OF THIS ARTICLE THAT SHALL
HAVE BEEN ADOPTED IN THIS STATE PURSUANT TO SUCH SECTION 16-105.
2. No person shall sell[,] OR offer for sale, LEASE OR OFFER TO LEASE,
OR RENT OR OFFER TO RENT, or install OR OFFER TO INSTALL in New York
state any new product of the types enumerated in PARAGRAPHS (A) THROUGH
(XX) OF subdivision one of this section, or any [of the] new [products
identified] PRODUCT FOR WHICH EFFICIENCY STANDARDS SHALL HAVE BEEN
ESTABLISHED pursuant to PARAGRAPH (B) OR (C) OF subdivision [four] ONE
of section 16-106 of this article, [unless: (a) the product meets mini-
mum energy performance standards adopted pursuant to this article upon
the effective date of such standards; and, if required by regulations
promulgated] OR ANY NEW PRODUCT THAT IS SUBJECT TO ANY FEDERAL EFFICIEN-
CY STANDARD THAT SHALL HAVE BEEN ADOPTED IN THIS STATE pursuant to
[this] section[, (b) the manufacturer of such product certifies that the
product meets said minimum energy performance standards.] 16-105 OF THIS
ARTICLE, UNLESS:
(A) THE PRODUCT MEETS THE EFFICIENCY STANDARDS APPLICABLE TO SUCH
PRODUCT AS OF THE DATE OF MANUFACTURE OF SUCH PRODUCT OR AS OF SUCH
OTHER DATE AS MAY BE DETERMINED IN ACCORDANCE WITH THE REGULATION ESTAB-
LISHING THE STANDARD FOR SUCH PRODUCT; AND
(B) IF REQUIRED BY REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THE
MANUFACTURER OF SUCH PRODUCT CERTIFIES THAT THE PRODUCT MEETS SAID EFFI-
CIENCY STANDARDS. AS USED WITHIN THIS SUBDIVISION, REFERENCE TO ANY NEW
PRODUCT MEANS ANY INDIVIDUAL PRODUCT SUBJECT TO THE REQUIREMENTS OF THIS
ARTICLE.
3. The prohibitions contained in [subdivisions one and] SUBDIVISION
two of this section shall not apply to:
(a) products manufactured in the state and sold outside the state;
(b) products manufactured outside the state and sold at wholesale
inside the state for final retail sale outside the state;
(c) products installed in [mobile] manufactured homes at the time of
construction; [or]
(d) products designed expressly for installation and use in recre-
ational vehicles[.]; OR
(E) URINALS AND WATER CLOSETS DESIGNED AND MARKETED EXCLUSIVELY FOR
USE AT PRISONS OR MENTAL HEALTH CARE FACILITIES.
§ 15. The energy law is amended by adding a new section 16-105 to read
as follows:
§ 16-105. ADOPTION OF CERTAIN FEDERAL EFFICIENCY STANDARDS. 1. THE
FEDERAL EFFICIENCY STANDARD ESTABLISHED IN 10CFR PARTS 430 AND 431, AS
IN EFFECT ON JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE APPLICABLE TO
S. 8008 137 A. 9008
PRODUCTS WHICH ARE SUBJECT TO SUCH FEDERAL EFFICIENCY STANDARDS AND
WHICH ARE SOLD, OFFERED FOR SALE, OR INSTALLED IN NEW YORK STATE. SO
LONG AS SUCH FEDERAL EFFICIENCY STANDARDS REMAIN IN EFFECT AS FEDERAL
EFFICIENCY STANDARDS, THEY SHALL BE ENFORCED AS PROVIDED BY FEDERAL LAW.
2. IF ANY FEDERAL EFFICIENCY STANDARD REFERRED TO IN SUBDIVISION ONE
OF THIS SECTION IS WITHDRAWN, REPEALED, VOIDED, OR OTHERWISE CEASES TO
REMAIN IN EFFECT AS A FEDERAL EFFICIENCY STANDARD:
(A) SUCH EFFICIENCY STANDARD SHALL BE DEEMED TO BE CONTINUED IN THIS
STATE AND SHALL BE DEEMED TO BE AN EFFICIENCY STANDARD ADOPTED PURSUANT
TO THIS ARTICLE;
(B) THE PRESIDENT SHALL FILE WITH THE SECRETARY A WRITTEN DESCRIPTION
OF SUCH EFFICIENCY STANDARD, THE TERMS AND CONDITIONS OF SUCH EFFICIENCY
STANDARD, AND THE PRODUCT OR PRODUCTS THAT ARE SUBJECT TO SUCH EFFICIEN-
CY STANDARD, SUCH DESCRIPTION TO BE IN A FORMAT CONSISTENT WITH THE
REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE AND IN FORM ACCEPTABLE TO
THE SECRETARY, TOGETHER WITH A CERTIFICATE, IN FORM ACCEPTABLE TO THE
SECRETARY, SIGNED AND DATED BY THE PRESIDENT AND CERTIFYING THAT SUCH
EFFICIENCY STANDARD IS NO LONGER IN EFFECT AS A FEDERAL EFFICIENCY STAN-
DARD, THAT SUCH EFFICIENCY STANDARD CONTINUES IN EFFECT IN THIS STATE
PURSUANT TO THIS SECTION, AND THAT SUCH EFFICIENCY STANDARD IS ADOPTED
PURSUANT TO THIS SECTION;
(C) THE SECRETARY SHALL CAUSE SUCH WRITTEN DESCRIPTION AND CERTIF-
ICATION TO BE PUBLISHED IN THE STATE REGISTER, AND SHALL CAUSE THE OFFI-
CIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW
YORK TO INCLUDE SUCH WRITTEN DESCRIPTION;
(D) THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS ESTABLISH-
ING PROCEDURES FOR TESTING THE ENERGY REDUCTION, WATER CONSERVATION,
GREENHOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED
WITH SUCH PRODUCT. IN ADOPTING THE FLEXIBLE DEMAND APPLIANCE STANDARDS,
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL
CONSIDER THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY'S RELIABIL-
ITY AND CYBERSECURITY PROTOCOLS, RELEVANT NEW YORK CYBERSECURITY LAWS,
REGULATIONS, AND ADVISORIES, OR OTHER CYBERSECURITY PROTOCOLS THAT ARE
EQUALLY OR MORE PROTECTIVE, AND SHALL ADOPT, AT A MINIMUM, THE NORTH
AMERICAN ELECTRIC RELIABILITY CORPORATION'S CRITICAL INFRASTRUCTURE
PROTECTION STANDARDS;
(E) THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS ESTABLISH-
ING PROCEDURES FOR MANUFACTURERS OF SUCH PRODUCT TO CERTIFY THAT SUCH
PRODUCT MEETS SUCH EFFICIENCY STANDARD, IF THE PRESIDENT DETERMINES THAT
SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED; AND
(F) THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS AMENDING
SUCH EFFICIENCY STANDARD FROM TIME TO TIME, INCLUDING REGULATIONS THAT
REPEAL SUCH EFFICIENCY STANDARD OR INCREASE THE STRINGENCY OF SUCH EFFI-
CIENCY STANDARD.
3. THE ACTIONS TO BE TAKEN PURSUANT TO PARAGRAPHS (B) AND (C) OF
SUBDIVISION TWO OF THIS SECTION TO CONFIRM THAT A FEDERAL EFFICIENCY
STANDARD THAT SHALL HAVE BEEN WITHDRAWN, REPEALED, VOIDED, OR THAT
OTHERWISE SHALL HAVE CEASED TO REMAIN IN EFFECT AS A FEDERAL EFFICIENCY
STANDARD, CONTINUES TO BE APPLICABLE IN THIS STATE, AND IS ADOPTED
PURSUANT TO THIS SECTION, SHALL BE EXEMPT FROM THE PROVISIONS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT, AND THE CERTIFICATION TO BE FILED
PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL SO
STATE.
4. THIS SECTION SHALL NOT APPLY TO ANY FEDERAL EFFICIENCY STANDARD SET
ASIDE BY A COURT UPON THE PETITION OF A PERSON WHO WILL BE ADVERSELY
AFFECTED, AS PROVIDED IN 42 U.S.C. § 6306(B).
S. 8008 138 A. 9008
§ 16. Section 16-106 of the energy law, as added by chapter 431 of the
laws of 2005, paragraph (c) of subdivision 2 as added by chapter 222 of
the laws of 2010 and subdivision 4 as amended by chapter 69 of the laws
of 2020, is amended to read as follows:
§ 16-106. [Administration of article] POWERS AND DUTIES OF THE PRESI-
DENT AND THE SECRETARY. 1. The [secretary, in consultation with the]
president[,] IN CONSULTATION WITH THE SECRETARY shall have and be enti-
tled to exercise the following powers and duties:
(a) To [establish energy] ADOPT REGULATIONS ESTABLISHING efficiency
[performance] standards for the products listed in PARAGRAPHS (A)
THROUGH (XX) OF subdivision one of section 16-104 of this article,
including but not limited to, establishing [energy] efficiency [perform-
ance] standards for power supplies in the active mode and no-load mode
or other such products while in the active mode and in the standby-pas-
sive-mode[.
(b) To promulgate regulations to achieve the purposes of this article
provided however that no energy efficiency performance standard shall
become effective for a product less than one hundred eighty days after
it shall become final, provided, however, that no standard adopted
pursuant to this article shall go into effect if federal government
energy efficiency performance standards regarding such product preempt
state standards unless preemption has been waived pursuant to federal
law;
(c) To administer and enforce the provisions of this article and any
rule or regulation promulgated thereunder or order issued pursuant ther-
eto;
(d) To order, pursuant to section 16-104 of this article, the immedi-
ate cessation of any distribution, sale or offer for sale, import or
installation of any product for which the secretary, in consultation
with the president, determines that the certification of such product
listed in subdivision one of section 16-104 of this article was achieved
in violation of section 16-108 of this article];
(B) TO ADOPT REGULATIONS ESTABLISHING EFFICIENCY STANDARDS FOR
PRODUCTS OTHER THAN MOTOR VEHICLES NOT SPECIFICALLY LISTED IN PARAGRAPHS
(A) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS ARTICLE,
PROVIDED THAT THE PRESIDENT DETERMINES THAT ESTABLISHING SUCH EFFICIENCY
STANDARDS WOULD SERVE TO PROMOTE ENERGY REDUCTION, WATER CONSERVATION,
GREENHOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED
WITH THE REGULATED PRODUCT CATEGORIES IN THIS STATE. ANY REGULATION
ADOPTED PURSUANT TO THIS PARAGRAPH MAY INCLUDE PROVISIONS ESTABLISHING
PROCEDURES FOR TESTING THE EFFICIENCY OF THE COVERED PRODUCTS AND
PROVISIONS ESTABLISHING PROCEDURES FOR MANUFACTURERS OF SUCH PRODUCT TO
CERTIFY THAT SUCH PRODUCTS MEET THE EFFICIENCY STANDARDS, IF THE PRESI-
DENT DETERMINES THAT SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE
REQUIRED;
(C) TO REVIEW EFFICIENCY STANDARDS AS ADOPTED FROM TIME TO TIME BY
OTHER STATES FOR PRODUCTS OTHER THAN MOTOR VEHICLES NOT LISTED IN PARA-
GRAPHS (A) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
ARTICLE, AND TO ADOPT REGULATIONS ESTABLISHING EFFICIENCY STANDARDS
SIMILAR TO THOSE ADOPTED BY ANY OTHER STATE FOR SUCH PRODUCTS, PROVIDED
THAT THE PRESIDENT DETERMINES THAT ESTABLISHING SUCH EFFICIENCY STAND-
ARDS WOULD SERVE TO PROMOTE ENERGY REDUCTION, WATER CONSERVATION, GREEN-
HOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH
THE REGULATED PRODUCT CATEGORIES IN THIS STATE. ANY REGULATION ADOPTED
PURSUANT TO THIS PARAGRAPH MAY INCLUDE PROVISIONS ESTABLISHING PROCE-
DURES FOR TESTING THE EFFICIENCY OF THE COVERED PRODUCTS AND PROVISIONS
S. 8008 139 A. 9008
ESTABLISHING PROCEDURES FOR MANUFACTURERS OF SUCH PRODUCT TO CERTIFY
THAT SUCH PRODUCTS MEET THE EFFICIENCY STANDARDS, IF THE PRESIDENT
DETERMINES THAT SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
(D) TO ADOPT REGULATIONS TO ACHIEVE THE PURPOSES OF THIS ARTICLE
THROUGH AN OPEN AND TRANSPARENT PROCESS TO PROVIDE MEANINGFUL OPPORTU-
NITIES FOR PUBLIC COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT
WILL BE IMPACTED BY THE PROMULGATED CODES, RULES, OR REGULATIONS,
INCLUDING PERSONS LIVING IN DISADVANTAGED COMMUNITIES AS IDENTIFIED BY
THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED IN SECTION 75-0111 OF THE
ENVIRONMENTAL CONSERVATION LAW;
(e) To conduct investigations, test, and obtain data with respect to
research experiments and demonstrations, and to collect and disseminate
information regarding the purposes to be achieved pursuant to this arti-
cle;
(f) To accept grants or funds for purposes of administration AND
ENFORCEMENT of this article. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ACCEPT GRANTS OR
FUNDS, INCLUDING FUNDS DIRECTED THROUGH NEGOTIATED SETTLEMENTS OR
CONSENT ORDERS PURSUANT TO THIS ARTICLE, AND IS AUTHORIZED TO ESTABLISH
THE APPLIANCE STANDARDS ADMINISTRATION ACCOUNT TO BE ADMINISTERED BY THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, IN CONSULTA-
TION WITH THE SECRETARY, AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE
CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE. ALL FUNDS ACCEPTED
BY THE PRESIDENT FOR THE PURPOSES OF THIS ARTICLE SHALL BE DEPOSITED IN
THE EFFICIENCY STANDARDS ADMINISTRATION ACCOUNT ESTABLISHED BY THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAINTAINED IN A
SEGREGATED ACCOUNT IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE. ALL EXPENDITURES FROM THE EFFICIENCY STANDARDS ADMINISTRATION
ACCOUNT PURSUANT TO THIS ARTICLE SHALL BE MADE BY THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO CARRY OUT STUDIES, INVESTI-
GATIONS, RESEARCH, EXPENSES TO PROVIDE FOR EXPERT WITNESS, CONSULTANT,
ENFORCEMENT, ADMINISTRATIVE AND LEGAL FEES, INCLUDING DISBURSEMENTS TO
THE DEPARTMENT OF STATE TO SUPPORT ENFORCEMENT ACTIVITIES AUTHORIZED BY
THE SECRETARY PURSUANT TO THIS SECTION, AND OTHER RELATED EXPENSES
PURSUANT TO THIS ARTICLE. ALL DEPOSITS MADE TO THE EFFICIENCY STANDARDS
ADMINISTRATION ACCOUNT MADE BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY, ALL FUNDS MAINTAINED IN THE EFFICIENCY STANDARDS
ADMINISTRATION ACCOUNT, AND DISBURSEMENTS THEREFROM, MADE PURSUANT TO
THIS ARTICLE SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART OF
SUCH AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY SHALL
PREPARE AN ANNUAL REPORT SUMMARIZING EFFICIENCY STANDARDS ADMINISTRATION
ACCOUNT BALANCE AND ACTIVITIES FOR EACH FISCAL YEAR ENDING MARCH THIR-
TY-FIRST AND PROVIDE SUCH REPORT TO THE SECRETARY NO LATER THAN NINETY
DAYS AFTER COMMENCEMENT OF SUCH FISCAL YEAR;
(g) [To impose a fine and/or impose injunctive relief for any
violation of this article after notice and an opportunity to be heard;
(h) The secretary and the president shall consult with the appropriate
federal agencies, including, but not limited to, the federal department
of energy, industry and other potentially affected parties in carrying
out the provisions of this article] TO CONSULT WITH THE APPROPRIATE
FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL DEPARTMENT
OF ENERGY, THE FEDERAL DEPARTMENT OF INDUSTRY AND OTHER POTENTIALLY
AFFECTED PARTIES IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE; AND
(H) TO CONDUCT INVESTIGATIONS, IN CONSULTATION WITH THE SECRETARY, TO
DETERMINE IF PRODUCTS COVERED BY STANDARDS ADOPTED PURSUANT TO THIS
ARTICLE COMPLY WITH SUCH STANDARDS; TO CONDUCT TESTS TO DETERMINE IF
S. 8008 140 A. 9008
PRODUCTS COVERED BY STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
WITH SUCH STANDARDS; TO PREPARE WRITTEN REPORTS OF THE RESULTS OF SUCH
INVESTIGATIONS AND TESTS; TO PROVIDE SUCH REPORTS TO THE SECRETARY; IN
CONSULTATION WITH THE SECRETARY, TO NEGOTIATE SETTLEMENT AGREEMENTS WITH
ANY PERSON THAT VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF SECTION
16-104 OF THIS ARTICLE, OR FAILS TO PERFORM ANY DUTY IMPOSED BY THIS
ARTICLE, OR VIOLATES OR FAILS TO COMPLY WITH ANY RULE, REGULATION,
DETERMINATION, OR ORDER ADOPTED, MADE, OR ISSUED BY THE PRESIDENT OR THE
SECRETARY PURSUANT TO THIS ARTICLE, PURSUANT TO WHICH SUCH PERSON SHALL
AGREE TO CEASE SUCH VIOLATION AND TO PAY SUCH CIVIL PENALTY AS MAY BE
SPECIFIED IN SUCH AGREEMENT, THE TERMS OF WHICH WILL BE INCORPORATED
INTO A CONSENT ORDER SIGNED BY SUCH PERSON, THE PRESIDENT, AND THE
SECRETARY; TO CONSULT WITH THE SECRETARY IN CONNECTION WITH DETERMI-
NATIONS MADE BY THE SECRETARY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FIVE OF THIS SECTION; AND TO COOPERATE WITH THE SECRETARY IN ENFORCEMENT
PROCEEDINGS CONDUCTED BY THE SECRETARY PURSUANT TO THIS ARTICLE.
1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NO EFFICIEN-
CY STANDARD ADOPTED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
SECTION SHALL BECOME EFFECTIVE LESS THAN ONE HUNDRED EIGHTY DAYS AFTER
PUBLICATION OF THE NOTICE OF ADOPTION OF SUCH STANDARD IN THE STATE
REGISTER; NO EFFICIENCY STANDARD ADOPTED PURSUANT TO PARAGRAPH (B) OR
(C) OF SUBDIVISION ONE OF THIS SECTION SHALL BECOME EFFECTIVE LESS THAN
ONE YEAR AFTER PUBLICATION OF THE NOTICE OF ADOPTION OF SUCH EFFICIENCY
STANDARD IN THE STATE REGISTER; NO AMENDMENT OF ANY EFFICIENCY STANDARD
ADOPTED PURSUANT TO THIS ARTICLE OR OF ANY EFFICIENCY STANDARD CONTINUED
IN THIS STATE PURSUANT TO SECTION 16-105 OF THIS ARTICLE SHALL BECOME
EFFECTIVE LESS THAN ONE HUNDRED EIGHTY DAYS AFTER PUBLICATION OF THE
NOTICE OF ADOPTION OF SUCH AMENDMENT IN THE STATE REGISTER; AND NO NEW
OR AMENDED EFFICIENCY STANDARD, OR WATER CONSERVATION STANDARD ADOPTED
PURSUANT TO THIS ARTICLE SHALL GO INTO EFFECT IF FEDERAL GOVERNMENT
EFFICIENCY STANDARDS REGARDING SUCH PRODUCT PREEMPT STATE STANDARDS
UNLESS PREEMPTION HAS BEEN WAIVED PURSUANT TO FEDERAL LAW.
2. (a) On or before [June thirtieth] JANUARY FIRST, two thousand [six]
TWENTY-THREE, the [secretary, in consultation with the] president, IN
CONSULTATION WITH THE SECRETARY, shall adopt regulations in accordance
with the provisions of this article establishing:
(i) [energy] efficiency [performance] standards for new products of
the types [set forth] REFERRED TO in paragraphs (a) through [(n)] (F)
AND PARAGRAPHS (H) THROUGH (Y), PARAGRAPHS (AA) THROUGH (JJ) AND PARA-
GRAPHS (MM) THROUGH (XX) of subdivision one of section 16-104 of this
article[, with the exception of such paragraph (g) (incandescent reflec-
tor lamps)];
(ii) procedures for testing the [energy] efficiency of the NEW
products [covered by] OF THE TYPES REFERRED TO IN paragraphs (a) through
[(n)] (F) AND PARAGRAPHS (H) THROUGH (XX) of subdivision one of section
16-104 of this article;
(iii) procedures for manufacturers to certify that NEW products
[covered under] OF THE TYPES REFERRED TO IN PARAGRAPHS (A) THROUGH (F)
AND PARAGRAPHS (H) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF
this article meet the [energy] efficiency standards to be [promulgated
under this article] ADOPTED PURSUANT TO THIS ARTICLE, IF THE PRESIDENT
DETERMINES THAT SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
and
(iv) such further matters as are necessary to insure the proper imple-
mentation and enforcement of the provisions of this article.
S. 8008 141 A. 9008
(B) With respect to [incandescent reflector lamps, included] THE TYPES
OF PRODUCTS REFERRED TO in [paragraph] PARAGRAPHS (g), (Z) OR (KK) of
subdivision one of section 16-104 of this article (INCANDESCENT REFLEC-
TOR LAMPS, GENERAL SERVICE LAMPS, AND LIGHT EMITTING DIODE LAMPS), the
[secretary, in consultation with the] president[,] shall conduct a study
BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO to determine whether
an [energy] efficiency [performance] standard for such [product]
PRODUCTS should be established, taking into account factors including
the potential impact on electricity usage, product availability and
consumer and environmental benefits. If [it is determined] THE PRESIDENT
DETERMINES based on this study that such a standard would reduce energy
use and would not be preempted by the federal law, the [secretary, in
consultation with the] president[,] shall adopt regulations in accord-
ance with the provisions of this article establishing [energy perform-
ance] EFFICIENCY standards for such [product on or before January first,
two thousand eight] PRODUCTS.
[(b) With respect to the products defined in subdivision seven of
section 16-102 of this article (very large commercial package air condi-
tioning and heating equipment), subdivision nine of section 16-102 of
this article (commercial refrigerators, freezers and refrigerator-freez-
ers), subdivision twenty-three of section 16-102 of this article (metal
halide lamp fixtures) and subdivision three of section 16-102 of this
article ( automatic commercial ice-cube makers), the secretary shall
issue regulations pursuant to paragraph a of this subdivision establish-
ing energy efficiency performance standards for such products at the
following levels and with the following compliance dates:
(i) very large commercial package air conditioning and heating equip-
ment. Each very large commercial package air conditioning and heating
equipment sold, offered for sale or installed in New York state on or
after January first, two thousand ten shall, when tested according to
the test standard specified in Air-Conditioning and Refrigeration Insti-
tute standard 340/360-2004, meet the following standards:
(A) The minimum energy efficiency ratio of air-cooled central air
conditioners at or above two hundred forty thousand BTU per hour (cool-
ing capacity) and less than seven hundred sixty thousand BTU per hour
(cooling capacity) shall be
(I) 10.0 for equipment with no heating or electric resistance heating
and;
(II) 9.8 for equipment with all other heating system types that are
integrated into the equipment (at a standard rating of ninety-five
degrees Fahrenheit dB).
(B) the minimum energy efficiency ratio of air-cooled central air
conditioner heat pumps at or above two hundred forty thousand BTU per
hour (cooling capacity) and less than seven hundred sixty thousand BTU
per hour (cooling capacity) shall be
(I) 9.5 for equipment with no heating or electric resistance heating;
and
(II) 9.3 for equipment with all other heating system types that are
integrated into the equipment (at a standard rating of ninety-five
degrees Fahrenheit dB).
(C) the minimum coefficient of performance in the heating mode of
air-cooled central air conditioning heat pumps at or above two hundred
forty thousand BTU per hour (cooling capacity) and less than seven
hundred sixty thousand BTU per hour (cooling capacity) shall be 3.2 (at
a high temperature rating of forty-seven degrees Fahrenheit dB);
S. 8008 142 A. 9008
(ii) commercial refrigerators and freezers. (A) Each commercial
refrigerator, freezer, and refrigerator-freezer with a self-contained
condensing unit designed for holding temperature applications sold,
offered for sale or installed in New York state on or after January
first, two thousand ten shall have a daily energy consumption (in kilo-
watt hours per day) not to exceed:
(I) refrigerators with solid doors 0.10 V + 2.04
(II) refrigerators with transparent doors 0.12 V + 3.34
(III) freezers with solid doors 0.40 V + 1.38
(IV) freezers with transparent doors 0.75 V + 4.10
(V) refrigerators/freezers with solid doors the greater of:
0.27AV-0.71 or 0.70.
(B) Each commercial refrigerator with a self-contained condensing unit
designed for pull-down temperature applications sold, offered for sale
or installed in New York state on or after January first, two thousand
ten shall have a daily energy consumption (in kilowatt hours per day)
not to exceed: refrigerators with transparent doors 0.126 V + 3.51.
(iii) metal halide lamp fixtures. Each metal halide lamp fixture that
is sold, offered for sale or installed in New York state on or after
January first, two thousand eight and that operates a lamp in a vertical
position (including fixtures that operate lamps rated for use within
fifteen degrees of vertical) and that is capable of operating lamps
rated equal to or greater than one hundred fifty Watts and less than or
equal to five hundred Watts shall not contain a probe start metal-halide
ballast.
(iv) automatic commercial ice-cube maker. Each automatic commercial
ice-cube maker, that produces cube-type ice with capacities between
fifty and two thousand five hundred pounds per twenty-four hour period
sold, offered for sale or installed in New York state on or after Janu-
ary first, two thousand ten, when tested according to the test standard
specified in air-conditioning and refrigeration institute standard 810-
2003, as in effect on January first, two thousand five, shall meet the
following standard levels:
(A) H means the harvest rate in pounds per twenty-four hours. For
water-cooled equipment, water use is for the condenser only and does not
include potable water used to make ice.
(B) For ice making head water-cooled equipment the maximum condenser
water use in gal/one hundred pounds of ice shall be 200-0.022H and the
maximum energy use with a harvest rate of:
(I) < 500 shall be 7.8-0.0055H;
(II) 500 and < 1,436 shall be 5.58-0.0044H
(III) 1,436 and < 2,500 shall be 4.0
(C) For ice making head air-cooled equipment the maximum energy use
with a harvest rate of:
(I) < 450 shall be 10.26-0.0086H;
(II) 450 and < 2,500 shall be 6.89-0.0011H
(D) For remote condensing but not remote compressor air-cooled equip-
ment the maximum energy use with a harvest rate of:
(I) < 1,000 shall be 8.85 - 0.0038H;
(II) 1,000 and < 2,500 shall be 5.10
(E) For remote condensing and remote compressor air-cooled equipment
the maximum energy use with a harvest rate of:
(I) < 934 lbs shall be 8.85 - 0.0038H;
(II) 934 and < 2,500 shall be 5.3
S. 8008 143 A. 9008
(F) For self-contained water-cooled equipment the maximum condenser
water use in gal/100 lbs of Ice shall be 191 - 0.0315H and the maximum
energy use with a harvest rate of:
(I) < 200 shall be 11.4 - 0.019H;
(II) 200 and < 2,500 shall be 7.6
(G) For self-contained air-cooled equipment the maximum energy use
with a harvest rate of:
(I) < 175 shall be 18.0 - 0.0469H
(II) 175 and < 2,500 shall be 9.8
(c) On or before December thirty-first, two thousand ten, the secre-
tary, in consultation with the president, shall adopt regulations in
accordance with the provisions of this article establishing: (i) energy
efficiency performance standards for new products of the types set forth
in paragraphs (o) through (s) of subdivision one of section 16-104 of
this article; (ii) procedures for testing the energy efficiency of the
products covered by paragraphs (o) through (s) of subdivision one of
section 16-104 of this article; (iii) procedures for manufacturers to
certify that products covered by paragraphs (o) through (s) of subdivi-
sion one of section 16-104 of this article meet the energy efficiency
standards promulgated under this article; and (iv) such further matters
as are necessary to insure the proper implementation and enforcement of
the provisions of this article with respect to the products covered by
paragraphs (o) through (s) of subdivision one of section 16-104 of this
article.]
3. Subsequent to adopting regulations pursuant to subdivisions one and
two of this section, the [secretary, in consultation with the] presi-
dent, IN CONSULTATION WITH THE SECRETARY, may amend such regulations,
including increasing the stringency of the [energy] efficiency [perform-
ance] standards[, provided however that no energy efficiency performance
standard shall become effective for a product less than one hundred
eighty days after it shall become final].
4. By March fifteenth of two thousand twenty-one, the secretary and
the president shall produce a report to the governor, the speaker of the
assembly, the temporary president of the senate, the chair of the assem-
bly committee on energy and the chair of the senate committee on energy
and telecommunications on the status of regulations establishing [ener-
gy] efficiency [performance] standards pursuant to this article, which
shall indicate for each product enumerated in subdivision one of section
16-104 of this article the status of the implementation of [performance]
EFFICIENCY standards. The report shall also set forth the estimated
potential annual reductions in energy use and potential utility bill
savings resulting from adopted [performance] EFFICIENCY standards for
the years two thousand twenty-five and two thousand thirty-five and the
potential cumulative reductions in energy use through the year two thou-
sand thirty-five. Such report shall be updated by March fifteenth, two
thousand thirty and a copy shall be posted by March fifteenth, two thou-
sand thirty on the websites of the authority and the department of
state.
5. (A) IN ADDITION TO ALL OTHER POWERS AND AUTHORITY GIVEN TO THE
SECRETARY BY THIS ARTICLE, THE SECRETARY SHALL HAVE AND BE ENTITLED TO
EXERCISE THE FOLLOWING POWERS AND DUTIES:
(I) TO REQUEST THE PRESIDENT TO CONDUCT INVESTIGATIONS TO DETERMINE IF
PRODUCTS COVERED BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS ARTI-
CLE COMPLY WITH SUCH EFFICIENCY STANDARDS; TO CONSULT WITH THE PRESIDENT
IN CONNECTION WITH THE PRESIDENT'S PERFORMANCE OF SUCH INVESTIGATIONS;
TO REQUEST THE PRESIDENT TO CONDUCT TESTS TO DETERMINE IF PRODUCTS
S. 8008 144 A. 9008
COVERED BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
WITH SUCH EFFICIENCY STANDARDS; AND TO REQUEST THE PRESIDENT'S COOPER-
ATION IN CONNECTION WITH ENFORCEMENT PROCEEDINGS CONDUCTED BY THE SECRE-
TARY PURSUANT TO THIS ARTICLE;
(II) TO ORDER THE IMMEDIATE CESSATION OF ANY DISTRIBUTION, SALE OR
OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR OFFER TO RENT, IMPORT,
OR OFFER TO IMPORT, OR INSTALLATION OR OFFER OF INSTALLATION OF ANY
PRODUCT LISTED IN PARAGRAPHS (A) THROUGH (XX) OF SUBDIVISION ONE OF
SECTION 16-104 OF THIS ARTICLE, OR OF ANY PRODUCT FOR WHICH EFFICIENCY
STANDARDS SHALL HAVE BEEN ESTABLISHED PURSUANT TO PARAGRAPH (B) OR (C)
OF SUBDIVISION ONE OF THIS SECTION, OR ANY PRODUCT THAT IS SUBJECT TO A
FEDERAL EFFICIENCY STANDARD THAT SHALL HAVE BEEN CONTINUED IN THIS STATE
PURSUANT TO SECTION 16-105 OF THIS ARTICLE, IF THE SECRETARY, IN CONSUL-
TATION WITH THE PRESIDENT, DETERMINES THAT SUCH PRODUCT DOES NOT MEET
THE APPLICABLE EFFICIENCY STANDARD OR IF SUCH PRODUCT DOES NOT SATISFY
THE TESTING PROCEDURES OR MANUFACTURER'S CERTIFICATION PROCEDURES
ADOPTED PURSUANT TO THE REGULATIONS AUTHORIZED BY THIS ARTICLE;
(III) TO ACCEPT GRANTS OR FUNDS FOR PURPOSES OF ADMINISTRATION AND
ENFORCEMENT OF THIS ARTICLE;
(IV) TO IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, CIVIL
PENALTIES AND/OR INJUNCTIVE RELIEF FOR ANY VIOLATION OF THIS ARTICLE OR
ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE. ANY PENALTIES COLLECTED
BY THE SECRETARY UNDER THIS SECTION SHALL BE PLACED IN THE ACCOUNT
ESTABLISHED UNDER SECTION NINETY-SEVEN-WWW OF THE STATE FINANCE LAW,
RELATING TO THE CONSUMER PROTECTION ACCOUNT; AND
(V) TO ADOPT SUCH RULES AND REGULATIONS AS THE SECRETARY MAY DEEM
NECESSARY OR APPROPRIATE FOR THE PURPOSE OF CARRYING OUT THE POWERS AND
DUTIES GRANTED TO THE SECRETARY BY THIS ARTICLE.
(B) THE SECRETARY MAY EXERCISE THE POWERS AND AUTHORITY GRANTED TO THE
SECRETARY BY THIS SUBDIVISION, OR BY ANY OTHER PROVISION OF THIS ARTI-
CLE, THROUGH THE CONSUMER PROTECTION DIVISION ESTABLISHED BY THE SECRE-
TARY PURSUANT TO SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW OR THROUGH
SUCH OTHER DIVISIONS, OFFICERS, OR EMPLOYEES OF THE DEPARTMENT OF STATE
AS THE SECRETARY MAY DESIGNATE FROM TIME TO TIME.
§ 17. The energy law is amended by adding a new section 16-107 to read
as follows:
§ 16-107. SUBPOENAS, INFORMATION AND DOCUMENT PRODUCTION, ENFORCEMENT
PROCEDURES, REFERRALS. 1. (A) IN ADDITION TO ALL OTHER POWERS PROVIDED
BY THIS ARTICLE, THE SECRETARY OR HIS OR HER DESIGNEE SHALL HAVE THE
POWER AND AUTHORITY TO SUBPOENA ANY PERSON DOING BUSINESS IN THIS STATE
AND BRING SUCH PERSON BEFORE SUCH OFFICER OR PERSON IN THE DEPARTMENT OF
STATE AS MAY BE DESIGNATED IN SUCH SUBPOENA, AND TO ADMINISTER AN OATH
TO AND TAKE TESTIMONY OF ANY PERSON OR CAUSE ANY PERSON'S DEPOSITION TO
BE TAKEN.
(B) IN ADDITION TO ALL OTHER POWERS PROVIDED BY THIS ARTICLE, THE
PRESIDENT OR HIS OR HER DESIGNEE SHALL HAVE THE POWER AND AUTHORITY TO
SUBPOENA ANY PERSON IN THIS STATE TO COMPEL TESTIMONY, THE PROTECTION OF
DOCUMENTS, OR BOTH, AND BRING SUCH PERSON BEFORE SUCH OFFICER OR PERSON
IN THE AUTHORITY AS MAY BE DESIGNATED IN SUCH SUBPOENA, AND TO ADMINIS-
TER AN OATH TO AND TAKE TESTIMONY OF ANY PERSON OR CAUSE ANY PERSON'S
DEPOSITION TO BE TAKEN.
(C) A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE
CIVIL PRACTICE LAW AND RULES, AND IS IN ADDITION TO AND NOT IN LIMITA-
TION OF THE POWER TO MAKE INFORMATION AND DOCUMENT REQUESTS UNDER SUBDI-
VISION TWO OF THIS SECTION.
S. 8008 145 A. 9008
2. ANY PERSON THAT SELLS OR OFFERS FOR SALE, LEASES OR OFFERS FOR
LEASE, RENTS OR OFFERS FOR RENT, OR INSTALLS OR OFFERS TO INSTALL, MANU-
FACTURES OR TESTS IN NEW YORK STATE ANY NEW PRODUCT OF A TYPE LISTED IN
PARAGRAPHS (A) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
ARTICLE, OR ANY NEW PRODUCT FOR WHICH EFFICIENCY STANDARDS SHALL HAVE
BEEN ESTABLISHED PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF
SECTION 16-106 OF THIS ARTICLE, OR ANY PRODUCT THAT IS SUBJECT TO FEDER-
AL EFFICIENCY STANDARDS THAT SHALL HAVE BEEN CONTINUED IN THIS STATE
PURSUANT TO SECTION 16-105 OF THIS ARTICLE, SHALL BE OBLIGED, ON THE
REQUEST OF THE SECRETARY OR HIS OR HER DESIGNEE, OR THE REQUEST OF THE
PRESIDENT OR HIS OR HER DESIGNEE, TO SUPPLY THE SECRETARY AND/OR THE
PRESIDENT WITH SUCH INFORMATION AND DOCUMENTATION AS MAY BE REQUIRED
CONCERNING SUCH PERSON'S BUSINESS, BUSINESS PRACTICES, OR BUSINESS METH-
ODS, OR PROPOSED BUSINESS PRACTICES OR METHODS. THE OBLIGATIONS
CONTAINED IN THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON THAT SELLS
OR OFFERS FOR SALE, LEASES OR OFFERS FOR LEASE, RENTS OR OFFERS FOR
RENT, OR INSTALLS OR OFFERS TO INSTALL ONLY PRODUCTS DESCRIBED IN SUBDI-
VISION THREE OF SECTION 16-104 OF THIS ARTICLE. THE POWER TO MAKE INFOR-
MATION AND DOCUMENT REQUESTS IS IN ADDITION TO AND NOT IN LIMITATION OF
THE POWER TO ISSUE SUBPOENAS.
3. A SUBPOENA MAY BE ISSUED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, AND A REQUEST FOR INFORMATION AND DOCUMENTATION MAY BE MADE
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AT ANY TIME AND IN ANY
SITUATION, WITHOUT REGARD TO WHETHER SUCH SUBPOENA OR REQUEST IS OR IS
NOT ISSUED OR MADE IN CONNECTION WITH AN INVESTIGATION CONDUCTED BY THE
PRESIDENT OR AN ENFORCEMENT PROCEEDING CONDUCTED BY THE SECRETARY.
4. THE SECRETARY SHALL, BEFORE ORDERING THE IMMEDIATE CESSATION OF ANY
DISTRIBUTION, SALE OR OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR
OFFER TO RENT, IMPORT OR OFFER TO IMPORT, OR INSTALLATION OR OFFER OF
INSTALLATION OF ANY PRODUCT, OR IMPOSING ANY CIVIL PENALTY, INJUNCTIVE
RELIEF, OR OTHER RELIEF PURSUANT TO THIS ARTICLE UPON ANY PERSON WHO IS
ALLEGED TO BE IN VIOLATION OF ANY PROVISION OF THIS ARTICLE OR OF ANY
REGULATION ADOPTED PURSUANT TO THIS ARTICLE, AND AT LEAST TEN DAYS PRIOR
TO THE DATE SET FOR THE HEARING, NOTIFY IN WRITING AND SHALL AFFORD SUCH
PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFERENCE
THERETO. SUCH WRITTEN NOTICE MAY BE SERVED BY DELIVERY OF SAME
PERSONALLY, OR BY MAILING SAME BY CERTIFIED MAIL TO THE LAST KNOWN BUSI-
NESS ADDRESS OF SUCH PERSON, OR BY ANY METHOD AUTHORIZED BY THE CIVIL
PRACTICE LAW AND RULES. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH
TIME AND PLACE AS THE DEPARTMENT OF STATE SHALL PRESCRIBE. A HEARING
HELD BY THIS SUBDIVISION SHALL BE HELD PURSUANT TO THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, AND ANY APPLICABLE REGULATIONS ADOPTED BY THE SECRE-
TARY.
5. A FINAL ACTION OF THE SECRETARY IN IMPOSING A CIVIL PENALTY, OR
OTHER ORDER, MAY BE SUBJECT TO REVIEW BY A PROCEEDING INSTITUTED UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES AT THE
INSTANCE OF THE PERSON AGGRIEVED. FINAL ACTIONS THAT MAY BE SUBJECT TO
JUDICIAL REVIEW UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES INCLUDE:
(A) A DETERMINATION THAT A PERSON IS IN VIOLATION OF ANY PROVISION OF
THIS ARTICLE OR OF ANY REGULATION ADOPTED UNDER THIS ARTICLE;
(B) AN ORDER DIRECTING THE IMMEDIATE CESSATION OF THE SALE OR OFFER
FOR SALE, INSTALLATION OR OFFER TO INSTALL, LEASE OR OFFER TO LEASE,
RENT OR OFFER TO RENT, OR IMPORT ANY PRODUCT IN VIOLATION OF ANY
PROVISION OF THIS ARTICLE OR OF ANY REGULATION ADOPTED UNDER THIS ARTI-
CLE;
S. 8008 146 A. 9008
(C) AN ORDER GRANTING OR IMPOSING ANY OTHER TYPE OF INJUNCTIVE RELIEF;
AND
(D) THE IMPOSITION OF A CIVIL PENALTY, EXCLUDING ANY CONSENT ORDER,
ANY DETERMINATION MADE IN A CONSENT ORDER AND ANY CIVIL PENALTY AND/OR
INJUNCTIVE RELIEF IMPOSED BY A CONSENT ORDER.
6. IN ADDITION TO ALL OTHER POWERS PROVIDED BY THIS ARTICLE, THE
SECRETARY AND THE PRESIDENT, ARE AUTHORIZED, INDIVIDUALLY OR JOINTLY, TO
REFER THE RESULTS OF ANY INVESTIGATION CONDUCTED BY THE PRESIDENT PURSU-
ANT TO THIS ARTICLE TO THE ATTORNEY GENERAL AND TO REQUEST THE ATTORNEY
GENERAL TO INSTITUTE, IN THE NAME OF THE SECRETARY AND/OR THE PRESIDENT,
AN ACTION OR PROCEEDING TO ENFORCE THE PROVISIONS OF THIS ARTICLE. THE
ATTORNEY GENERAL SHALL, AT THE REQUEST OF THE SECRETARY OR PRESIDENT, OR
MAY, ON HIS OR HER OWN INITIATIVE, INSTITUTE PROCEEDINGS TO ENFORCE THE
PROVISIONS OF THIS ARTICLE INCLUDING THE IMPOSITION OF CIVIL PENALTIES
OR INJUNCTIVE RELIEF. NOTHING IN THIS SUBDIVISION SHALL LIMIT OR IMPAIR
THE POWER AND AUTHORITY OF THE SECRETARY TO CONDUCT ENFORCEMENT
PROCEEDINGS, TO ISSUE ORDERS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FIVE OF SECTION 16-106 OF THIS ARTICLE, AND TO IMPOSE PENALTIES PURSUANT
TO SECTION 16-108 OF THIS ARTICLE.
§ 18. Section 16-108 of the energy law, as added by chapter 431 of the
laws of 2005, is amended to read as follows:
§ 16-108. Violations, civil liability. 1. Any person who issues:
(A) a certification that a product listed in PARAGRAPHS (A) THROUGH
(XX) OF subdivision one of section 16-104 of this article complies with
the [energy] efficiency standards FOR SUCH PRODUCT established by OR
PURSUANT TO this article[,];
(B) A CERTIFICATION THAT A PRODUCT NOT LISTED IN PARAGRAPHS (A)
THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS ARTICLE
COMPLIES WITH EFFICIENCY STANDARDS FOR SUCH PRODUCT ESTABLISHED PURSUANT
TO PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
ARTICLE; OR
(C) A CERTIFICATION THAT A PRODUCT THAT IS SUBJECT TO FEDERAL EFFI-
CIENCY STANDARDS THAT SHALL HAVE BEEN CONTINUED IN THIS STATE PURSUANT
TO SECTION 16-105 OF THIS ARTICLE COMPLIES WITH SUCH EFFICIENCY STAND-
ARDS, knowing that such product does not comply with [those] SUCH EFFI-
CIENCY standards, shall be liable for a civil penalty of not more than
ten thousand dollars for each such product certified and an additional
penalty of not more than ten thousand dollars for each day during which
such violation continues.
2. Any person who violates the provisions of subdivision two of
section 16-104 of this article, or [who] fails to perform any duty
imposed by this article, or [who] violates or fails to comply with any
rule, regulation, determination, or order [of] ADOPTED, MADE, OR ISSUED
BY THE PRESIDENT OR the secretary [of state promulgated] pursuant to
this article, shall be liable for a civil penalty of not more than five
hundred dollars for each such violation and an additional civil penalty
of not more than one hundred dollars for each day during which such
violation continues, and, in addition thereto, such person may be
enjoined from continuing such violation.
3. [The secretary may cause an investigation to be made of complaints
received concerning violations of this article and may refer the results
of such investigations to the attorney general. The attorney general
shall, at the request of the secretary, or may, on his own initiative,
institute proceedings to enforce the provisions of this article.
4.] An action or cause of action for the recovery of a penalty under
this section may be settled or compromised in an amount to be approved
S. 8008 147 A. 9008
by the secretary either before or after proceedings are brought to
recover such penalties and prior to the entry for judgment therefor.
§ 19. The energy law is amended by adding a new section 16-109 to read
as follows:
§ 16-109. CONFLICTS WITH OTHER LAWS. NOTHING IN THIS ARTICLE OR IN
ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE SHALL LIMIT, IMPAIR, OR
SUPERSEDE THE PROVISIONS OF SUBDIVISION ONE OF SECTION THREE HUNDRED
EIGHTY-THREE OF THE EXECUTIVE LAW OR THE PROVISIONS OF SUBDIVISION THREE
OF SECTION 11-103 OF THIS CHAPTER.
§ 20. Subparagraphs 14 and 15 of paragraph (a) of subdivision 3 of
section 94-a of the executive law, as added by section 21 of part A of
chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
added to read as follows:
(14) cooperate with and assist consumers in class actions in proper
cases; [and]
(15) create an internet website or webpage pursuant to section three
hundred ninety-c of the general business law[.], AS ADDED BY CHAPTER
FIVE HUNDRED NINE OF THE LAWS OF TWO THOUSAND SEVEN; AND
(16) EXERCISE SUCH POWERS AND DUTIES GRANTED TO THE SECRETARY BY ARTI-
CLE SIXTEEN OF THE ENERGY LAW AS THE SECRETARY MAY DIRECT, INCLUDING,
BUT NOT LIMITED TO: CONSULT WITH SUCH PRESIDENT OF THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN CONNECTION WITH INVESTI-
GATIONS CONDUCTED BY SUCH PRESIDENT PURSUANT TO ARTICLE SIXTEEN OF THE
ENERGY LAW; MAKE DETERMINATIONS RELATING TO COMPLIANCE BY PRODUCTS WITH
THE STANDARDS ADOPTED PURSUANT TO ARTICLE SIXTEEN OF THE ENERGY LAW;
ORDER THE IMMEDIATE CESSATION OF ANY DISTRIBUTION, SALE OR OFFER FOR
SALE, IMPORT, OR INSTALLATION OF ANY PRODUCT THAT DOES NOT MEET SUCH
STANDARDS; AND IMPOSE CIVIL PENALTIES AS CONTEMPLATED BY ARTICLE SIXTEEN
OF THE ENERGY LAW.
§ 21. The opening paragraph and paragraphs a and c of subdivision 1
and subdivision 3 of section 374 of the executive law, the opening para-
graph of subdivision 1 as amended by chapter 309 of the laws of 1996,
paragraph a of subdivision 1 as amended by section 96 of subpart B of
part C of chapter 62 of the laws of 2011 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, paragraph c of
subdivision 1 as amended by chapter 920 of the laws of 1985, and subdi-
vision 3 as added by chapter 707 of the laws of 1981, are amended to
read as follows:
There is hereby created and established in the department of state a
council, to be known as the state fire prevention and building code
council. Such council shall consist of the secretary of state, as
[chairman] CHAIR, the state fire administrator, THE PRESIDENT OF THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE COMMISSIONER
OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION and fifteen other
members to be appointed as follows:
a. Two members, to be appointed by the governor, from among the
commissioners of [the departments of economic development, corrections
and community supervision, education, health, labor, mental health and
social services, office of general services, division of housing and
community renewal,] ECONOMIC DEVELOPMENT; CORRECTIONS AND COMMUNITY
SUPERVISION; EDUCATION; HEALTH; LABOR; MENTAL HEALTH; GENERAL SERVICES;
HOUSING AND COMMUNITY RENEWAL; PARKS, RECREATION AND HISTORIC PRESERVA-
TION; AND TEMPORARY AND DISABILITY ASSISTANCE; and the superintendent of
financial services.
c. Seven members, to be appointed by the governor with the advice and
consent of the senate, one of whom shall be a fire service official, one
S. 8008 148 A. 9008
of whom shall be a registered architect, one of whom shall be a profes-
sional engineer, one of whom shall be a code enforcement official, one
of whom shall represent builders, one of whom shall represent trade
unions, and one of whom shall be a person with a disability as defined
in section two hundred ninety-two of this chapter who would directly
benefit from the provisions of [article thirteen of] the state uniform
fire prevention and building code RELATING TO ACCESSIBILITY. The regis-
tered architect and professional engineer shall be duly licensed to
practice their respective professions in the state of New York. After
the certification of code enforcement personnel pursuant to this chapter
shall have begun said code enforcement official shall be so certified.
3. (A) The council shall meet at least quarterly at the call of the
chairman. Additional meetings may be called upon at least five [days]
DAYS' notice by the chairman or by petition of five members of the coun-
cil.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A
MAJORITY, BUT NO FEWER THAN SEVEN, OF THE MEMBERS OF THE COUNCIL THEN IN
OFFICE, GATHERED TOGETHER IN THE PRESENCE OF EACH OTHER OR THROUGH THE
USE OF VIDEOCONFERENCING, AT A MEETING DULY HELD AT A TIME FIXED BY LAW
OR BY ANY BY-LAW DULY ADOPTED BY THE COUNCIL, OR AT ANY MEETING DULY
HELD UPON REASONABLE NOTICE TO ALL MEMBERS OF THE COUNCIL THEN IN
OFFICE, OR AT ANY DULY ADJOURNED MEETING OF SUCH MEETING, SHALL CONSTI-
TUTE A QUORUM, AND A MAJORITY, BUT NO FEWER THAN SEVEN, OF THE MEMBERS
OF THE COUNCIL THEN IN OFFICE MAY PERFORM AND EXERCISE ANY POWER,
AUTHORITY, OR DUTY OF THE COUNCIL AT ANY SUCH MEETING OR ADJOURNED MEET-
ING.
§ 22. Subdivision 2 of section 97-www of the state finance law, as
amended by section 53 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
2. Such account shall consist of all penalties received by the depart-
ment of state pursuant to section three hundred ninety-nine-z of the
general business law, SECTION 16-106 OF THE ENERGY LAW and any addi-
tional monies appropriated, credited or transferred to such account by
the Legislature. Any interest earned by the investment of monies in such
account shall be added to such account, become part of such account, and
be used for the purposes of such account.
§ 23. A building code or other requirement applicable to commercial
or residential buildings or construction may not prohibit the use of a
substance authorized pursuant to 42 U.S.C. 7671k. Substances under
review but not yet listed by the United States Environmental Protection
Agency pursuant to 42 U.S.C. 7671k may be allowed for use provided that
such substance and the refrigeration or air conditioning system or other
equipment or products utilizing such substance are designed, installed,
and used in accordance with nationally recognized published standards
that protect building occupant safety and reduce fire risks.
§ 24. Section 17-101 of the energy law is amended by adding twenty new
subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23 and 24 to read as follows:
5. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.
6. "BENCHMARK" MEANS INPUTTING AND SUBMITTING THE TOTAL ENERGY AND
WATER CONSUMED FOR A PROPERTY FOR THE PREVIOUS CALENDAR YEAR AND OTHER
DESCRIPTIVE INFORMATION FOR SUCH PROPERTY AS REQUIRED BY THE BENCHMARK-
ING TOOL. TOTAL ENERGY AND WATER CONSUMPTION SHALL NOT INCLUDE SEPARATE-
LY METERED USES THAT ARE NOT INTEGRAL TO BUILDING OPERATIONS, SUCH AS
BROADCAST ANTENNAS, AS DETERMINED BY THE PRESIDENT.
S. 8008 149 A. 9008
7. "BENCHMARKING INFORMATION" MEANS INFORMATION GENERATED BY THE
BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL PROPER-
TY AND ITS OWNERSHIP, MANAGEMENT, AND OPERATIONAL CHARACTERISTICS.
8. "PUBLIC BENCHMARKING INFORMATION" MEANS INFORMATION GENERATED BY
THE BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL
PROPERTY AND ITS OPERATIONAL CHARACTERISTICS THAT IS DISCLOSED TO THE
PUBLIC. THE PUBLIC BENCHMARKING INFORMATION SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO:
(A) DESCRIPTIVE INFORMATION, INCLUDING PROPERTY ADDRESS; PRIMARY USE
TYPE; GROSS FLOOR AREA AS DEFINED BY THE BENCHMARKING TOOL GLOSSARY;
(B) OUTPUT INFORMATION, INCLUDING SITE AND SOURCE ENERGY USE INTENSI-
TY; WEATHER NORMALIZED SITE AND SOURCE ENERGY USE INTENSITY; TOTAL ANNU-
AL GREENHOUSE GAS EMISSIONS; WATER USE PER GROSS SQUARE FOOT; THE ENERGY
STAR SCORE, WHERE AVAILABLE;
(C) COMPLIANCE OR NONCOMPLIANCE WITH THIS LAW; AND
(D) A COMPARISON OF THE ANNUAL SUMMARY STATISTICS ACROSS CALENDAR
YEARS FOR ALL YEARS SINCE ANNUAL REPORTING AND DISCLOSURE HAS BEEN
REQUIRED FOR THE COVERED PROPERTY.
9. "BENCHMARKING SUBMISSION" MEANS A SUBSET OF:
(A) INFORMATION INPUT INTO THE BENCHMARKING TOOL; AND
(B) BENCHMARKING INFORMATION GENERATED BY THE BENCHMARKING TOOL, AS
DETERMINED BY THE PRESIDENT.
10. "BENCHMARKING TOOL" MEANS THE PORTFOLIO MANAGER OR ANY SIMILAR
TOOL MAY AS DETERMINED BY THE PRESIDENT TO BE REASONABLY COMPARABLE, AND
ANY ADDITIONAL TOOLS SPECIFIED IN REGULATIONS ADOPTED BY THE PRESIDENT.
11. "BUILDING ENERGY BENCHMARKING" MEANS THE PROCESS OF MEASURING A
BUILDING'S ENERGY USE, TRACKING THAT USE OVER TIME, AND COMPARING
PERFORMANCE TO SIMILAR BUILDINGS NATIONWIDE.
12. "COVERED PROPERTY" MEANS: ON AND AFTER THE FIRST DAY OF JANUARY,
TWO THOUSAND TWENTY-THREE, ANY PROPERTY THAT HAS ONE OR MORE BUILDINGS
THAT TOGETHER EXCEED TWENTY-FIVE THOUSAND GROSS SQUARE FEET IN TOTAL
COMBINED FLOOR AREA.
13. "ENERGY" MEANS ELECTRICITY, NATURAL GAS, STEAM, HOT OR CHILLED
WATER, FUEL OIL, KEROSENE, PROPANE, OR OTHER FUEL PRODUCT FOR USE IN A
BUILDING, OR ON-SITE ELECTRICITY GENERATION, INCLUDING RENEWABLE AND
STORAGE TECHNOLOGIES FOR PURPOSES OF PROVIDING HEATING, COOLING, LIGHT-
ING, WATER HEATING, OR FOR POWERING OR FUELING OTHER END-USES IN THE
BUILDING AND RELATED FACILITIES.
14. "ENERGY STAR SCORE" MEANS THE ONE THROUGH ONE HUNDRED (1-100)
NUMERIC RATING GENERATED BY THE ENERGY STAR PORTFOLIO MANAGER TOOL.
15. "ENERGY USE INTENSITY" MEANS THE KBTUS (ONE THOUSAND BRITISH THER-
MAL UNITS) USED PER SQUARE FOOT OF GROSS FLOOR AREA.
16. "EXEMPT MUNICIPALITY" MEANS A MUNICIPALITY WITH A BENCHMARKING
REQUIREMENT IN EFFECT THAT MEETS OR EXCEEDS THE BENCHMARKING RULES
ESTABLISHED BY THE AUTHORITY.
17. "GROSS FLOOR AREA" MEANS THE TOTAL NUMBER OF ENCLOSED SQUARE FEET
MEASURED BETWEEN THE EXTERIOR SURFACES OF THE FIXED WALLS WITHIN ANY
STRUCTURE USED OR INTENDED FOR SUPPORTING OR SHELTERING ANY USE OR OCCU-
PANCY.
18. "OWNER" MEANS:
(A) AN INDIVIDUAL OR ENTITY POSSESSING TITLE TO A COVERED PROPERTY;
(B) THE NET LESSEE IN THE CASE OF A PROPERTY SUBJECT TO A TRIPLE NET
LEASE;
(C) THE BOARD OF MANAGERS IN THE CASE OF A CONDOMINIUM;
(D) THE BOARD OF DIRECTORS IN THE CASE OF A COOPERATIVE APARTMENT
CORPORATION;
S. 8008 150 A. 9008
(E) AN AGENT AUTHORIZED TO ACT ON BEHALF OF ANY OF THE ABOVE; OR
(F) THE ENTITY IN PHYSICAL POSSESSION OF THE PROPERTY OR HAVING BENE-
FICIAL USE AND OCCUPANCY OF THE PROPERTY IN THE CASE OF A COVERED PROP-
ERTY WITH TITLE POSSESSED BY A STATE ENTITY SOLELY FOR PURPOSES OF
SECURING BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY SUCH STATE ENTITY,
IN WHICH CASE, THE STATE ENTITY WILL NOT ALSO BE DEEMED THE OWNER HERE-
UNDER. FOR THE PURPOSE OF THIS SUBPARAGRAPH, A "STATE ENTITY" SHALL MEAN
ANY STATE AGENCY, STATE AUTHORITY OR SUBSIDIARY OF A STATE AUTHORITY.
19. "PORTFOLIO MANAGER" MEANS THE ENERGY STAR PORTFOLIO MANAGER, THE
INTERNET-BASED TOOL DEVELOPED AND MAINTAINED BY THE UNITED STATES ENVI-
RONMENTAL PROTECTION AGENCY TO TRACK AND ASSESS THE RELATIVE ENERGY
PERFORMANCE OF BUILDINGS NATIONWIDE, OR SUCCESSOR.
20. "PRESIDENT" MEANS THE PRESIDENT OF THE AUTHORITY.
21. "QUALIFIED BENCHMARKER" MEANS AN INDIVIDUAL OR ENTITY THAT
POSSESSES A BENCHMARKING CERTIFICATION OR OTHER CREDENTIAL OR CREDEN-
TIALS APPROVED BY THE PRESIDENT.
22. "QUALIFYING FINANCIAL DISTRESS" MEANS:
(A) THE COVERED PROPERTY IS THE SUBJECT OF A QUALIFIED TAX LIEN SALE
OR PUBLIC AUCTION DUE TO PROPERTY TAX ARREARAGES;
(B) THE COVERED PROPERTY IS CONTROLLED BY A COURT APPOINTED RECEIVER;
(C) A FORECLOSURE ACTION HAS COMMENCED ON THE COVERED PROPERTY DURING
THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED;
(D) TITLE TO THE COVERED PROPERTY WAS TRANSFERRED BY DEED IN LIEU OF
FORECLOSURE OR BY A REFEREE'S DEED IN FORECLOSURE DURING THE CALENDAR
YEAR FOR WHICH BENCHMARKING IS REQUIRED;
(E) THE OWNER OF A COVERED PROPERTY HAS COMMENCED A BANKRUPTCY FILING;
OR
(F) OTHER SITUATIONS AS AUTHORIZED BY THE PRESIDENT OR THE PRESIDENT'S
DESIGNEE.
23. "TENANT" MEANS A PERSON OR ENTITY OCCUPYING OR HOLDING POSSESSION
OF A BUILDING, PART OF A BUILDING OR PREMISES PURSUANT TO A RENTAL
AGREEMENT.
24. "UTILITY" MEANS AN ENTITY THAT DISTRIBUTES AND SELLS ENERGY TO
COVERED PROPERTIES.
§ 25. The energy law is amended by adding a new section 17-107 to read
as follows:
§ 17-107. BENCHMARKING APPLICABILITY AND SUBMISSION. 1. NO LATER THAN
THE FIRST DAY OF MAY, TWO THOUSAND TWENTY-THREE, AND NO LATER THAN THE
FIRST DAY OF MAY OF EVERY YEAR THEREAFTER, EACH OWNER SHALL ENSURE THAT
SUCH OWNER'S COVERED PROPERTIES SHALL BE BENCHMARKED FOR THE PREVIOUS
CALENDAR YEAR AND THE BENCHMARKING SUBMISSION SHALL BE PROVIDED TO THE
AUTHORITY AS DIRECTED BY THE PRESIDENT.
2. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY TEMPORARILY EXEMPT
FROM THE BENCHMARKING REQUIREMENT THE OWNER OF A COVERED PROPERTY THAT
SUBMITS DOCUMENTATION ESTABLISHING, TO THE SATISFACTION OF THE PRESIDENT
OR THE PRESIDENT'S DESIGNEE, ANY OF THE FOLLOWING:
(A) THE COVERED PROPERTY HAS CHARACTERISTICS THAT MAKE BENCHMARKING
IMPRACTICABLE, INCLUDING BUILDINGS THAT DO NOT FIT ANY OF THE PROPERTY
TYPES, DEFINITIONS OR USE DETAILS LISTED IN THE PORTFOLIO MANAGER;
(B) THE COVERED PROPERTY HAD AVERAGE PHYSICAL OCCUPANCY OF LESS THAN
FIFTY PERCENT THROUGHOUT THE CALENDAR YEAR FOR WHICH BENCHMARKING IS
REQUIRED;
(C) THE COVERED PROPERTY IS A NEW CONSTRUCTION AND THE COVERED PROPER-
TY'S CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY WAS
ISSUED DURING THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED;
S. 8008 151 A. 9008
(D) THE COVERED PROPERTY EXPERIENCED QUALIFYING FINANCIAL DISTRESS
DURING THE YEAR FOR WHICH BENCHMARKING IS REQUIRED; OR
(E) THE COVERED PROPERTY HAS BEEN ISSUED A FULL DEMOLITION PERMIT FOR
THE PRIOR CALENDAR YEAR, PROVIDED THAT DEMOLITION WORK HAS COMMENCED,
SOME ENERGY-RELATED SYSTEMS HAVE BEEN COMPROMISED AND LEGAL OCCUPANCY IS
NO LONGER POSSIBLE PRIOR TO THE FIRST DAY OF MAY OF THE YEAR IN WHICH
THE BENCHMARKING REPORT IS DUE.
3. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE
BENCHMARKING REQUIREMENT THE OWNERS OF ALL COVERED PROPERTIES LOCATED
WITHIN AN EXEMPT MUNICIPALITY THAT COMPLY WITH THE MUNICIPALITY'S BENCH-
MARKING REQUIREMENT.
4. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE
BENCHMARKING REQUIREMENT RELATED TO WATER THE OWNER OF A COVERED PROPER-
TY IN JURISDICTIONS WHERE WHOLE BUILDING WATER USE DATA IS NOT AVAILABLE
IN INCREMENTS REQUIRED BY THE BENCHMARKING TOOL OR AS DEFINED BY THE
PRESIDENT OR THE PRESIDENT'S DESIGNEE.
5. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY GRANT AN EXTENSION OF
TIME IF THE OWNER OF THE COVERED PROPERTY DEMONSTRATES, TO THE SATISFAC-
TION OF THE PRESIDENT OR THE PRESIDENT'S DESIGNEE, THAT DESPITE GOOD
FAITH EFFORTS, THE OWNER COULD NOT SATISFY THE REQUIREMENTS OF THIS
ARTICLE BY THE IMPOSED DEADLINES.
6. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY REQUIRE THAT DATA BE
VALIDATED BY A QUALIFIED BENCHMARKER OR THAT BENCHMARKING BE PERFORMED
BY A QUALIFIED BENCHMARKER.
§ 26. The energy law is amended by adding a new section 17-108 to read
as follows:
§ 17-108. BENCHMARKING NOTIFICATION AND POSTING. 1. BETWEEN SEPTEMBER
FIRST AND DECEMBER THIRTY-FIRST OF EACH YEAR, THE AUTHORITY SHALL NOTIFY
OWNERS OF THEIR OBLIGATION TO BENCHMARK PURSUANT TO SECTION 17-107 OF
THIS ARTICLE.
2. BY DECEMBER FIRST OF EACH YEAR, THE AUTHORITY SHALL POST THE LIST
OF THE ADDRESSES OF COVERED PROPERTIES ON THE AUTHORITY'S WEBSITE.
§ 27. The energy law is amended by adding a new section 17-109 to read
as follows:
§ 17-109. DISCLOSURE, ANALYSIS, AND PUBLICATION OF BENCHMARKING INFOR-
MATION. 1. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND
TWENTY-THREE AND BY THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR THERE-
AFTER, THE AUTHORITY SHALL PUBLISH PUBLIC BENCHMARKING INFORMATION
REGARDING ALL COVERED PROPERTIES FOR THE PREVIOUS CALENDAR YEAR; EXCEPT
THAT PUBLIC BENCHMARKING INFORMATION REGARDING A COVERED PROPERTY FOR
SUCH PROPERTY'S FIRST YEAR OF REQUIRED COMPLIANCE, OTHER THAN WHETHER OR
NOT THE PROPERTY COMPLIED, SHALL NOT BE PUBLISHED BY THE AUTHORITY.
2. IN ADDITION TO THE PUBLISHING OF PUBLIC BENCHMARKING INFORMATION
REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL ANNUAL-
LY PUBLISH:
(A) SUMMARY STATISTICS AND TREND ANALYSES REGARDING ENERGY CONSUMPTION
FOR COVERED PROPERTIES DERIVED FROM AGGREGATION OF BENCHMARKING INFORMA-
TION; AND
(B) INFORMATION REGARDING HOW EACH COVERED PROPERTY COMPARES WITH
COMPARABLE COVERED PROPERTIES IN NEW YORK STATE, AND HOW EACH COVERED
PROPERTY'S PERFORMANCE HAS CHANGED OVER TIME.
3. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND TWEN-
TY-TWO, AND NO LATER THAN THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR
THEREAFTER, EACH EXEMPTED MUNICIPALITY SHALL MAKE AVAILABLE TO THE
AUTHORITY, IN A FORM AS REQUIRED BY THE AUTHORITY, ANY BENCHMARKING
INFORMATION POSSESSED BY SUCH MUNICIPALITY.
S. 8008 152 A. 9008
4. ANY ANALYSIS OR POSSESSION OF INFORMATION CONCERNING COVERED PROP-
ERTIES BY THE AUTHORITY IS SUBJECT TO RULES REGARDING PERSONAL, PRIVATE
OR SENSITIVE INFORMATION AS DEFINED BY THE NEW YORK STATE OFFICE OF
INFORMATION TECHNOLOGY SERVICES AND ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
5. THE AUTHORITY MAY PROVIDE AN OWNER OR MANAGER OF A COVERED PROPERTY
WITH BENCHMARKING INFORMATION RELATED TO SUCH COVERED BUILDING THAT IS
NOT PUBLIC BENCHMARKING INFORMATION.
6. NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO SUPERSEDE SECTIONS
EIGHTY-FOUR THROUGH SECTION NINETY OF THE PUBLIC OFFICERS LAW, EXCEPT
WITH RESPECT TO THE AUTHORITY'S PUBLISHING OF PUBLIC BENCHMARKING INFOR-
MATION AS REQUIRED IN THIS SECTION.
§ 28. The energy law is amended by adding a new section 17-110 to read
as follows:
§ 17-110. MAINTENANCE OF BENCHMARKING RECORDS. 1. OWNERS SHALL MAIN-
TAIN RECORDS SUFFICIENT TO PROVIDE FOR THE REPORTING OF PUBLIC BENCH-
MARKING INFORMATION TO THE AUTHORITY. SUCH RECORDS SHALL BE PRESERVED
FOR A PERIOD OF AT LEAST THREE YEARS. AT THE REQUEST OF THE PRESIDENT
SUCH RECORDS SHALL BE MADE AVAILABLE FOR INSPECTION AND AUDIT.
2. AT THE TIME LEGAL TITLE OF ANY COVERED PROPERTY IS TRANSFERRED, THE
BUYER AND SELLER SHALL ARRANGE FOR THE SELLER TO PROVIDE TO THE BUYER,
AT OR BEFORE CLOSING, ALL INFORMATION NECESSARY FOR THE BUYER TO REPORT
BENCHMARKING INFORMATION FOR THE ENTIRE YEAR IN A TIMELY MANNER.
§ 29. The energy law is amended by adding a new section 17-111 to read
as follows:
§ 17-111. BENCHMARKING ENFORCEMENT AND ADMINISTRATION. 1. THE PRESI-
DENT MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE ADMINIS-
TRATION AND ENFORCEMENT OF THE REQUIREMENTS OF THIS ARTICLE.
2. IT SHALL BE UNLAWFUL FOR ANY ENTITY OR PERSON TO FAIL TO COMPLY
WITH THE REQUIREMENTS OF THIS ARTICLE OR ANY RULE OR REGULATION PROMUL-
GATED BY THE AUTHORITY OF THIS ARTICLE OR TO MISREPRESENT ANY MATERIAL
FACT IN A DOCUMENT REQUIRED TO BE PREPARED OR DISCLOSED PURSUANT TO THIS
ARTICLE OR ANY RULE OR REGULATION PROMULGATED BY THE AUTHORITY OF THIS
ARTICLE.
3. ANY PERSON OR ENTITY WHO VIOLATES THE BENCHMARKING PROVISIONS OF
THIS ARTICLE, NOT INCLUDING SECTIONS 17-103 AND 17-105 OF THIS ARTICLE,
SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS
PER VIOLATION.
4. THE ATTORNEY GENERAL MAY BRING AN ACTION TO RECOVER THE CIVIL
PENALTIES PROVIDED BY SUBDIVISION THREE OF THIS SECTION AND FOR SUCH
OTHER RELIEF AS MAY BE DEEMED NECESSARY.
§ 30. This act shall take effect immediately; provided, however, that
sections six through twenty and section twenty-two of this act shall
take effect on the one hundred eightieth day after it shall have become
a law; provided, however, that the amendments to subdivision 4 of
section 16-106 of the energy law made by section sixteen of this act
shall not affect the repeal of such subdivision and shall be deemed
repealed therewith. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the timely imple-
mentation of this act on or before its effective date are hereby author-
ized to be made and completed on or before such effective date.
PART FFF
Section 1. Section 1005 of the public authorities law is amended by
adding a new subdivision 29 to read as follows:
S. 8008 153 A. 9008
29. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY IS
FURTHER AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO
LEASE OR OTHERWISE DISPOSE OF INTERESTS IN EXCESS CAPACITY IN THE
AUTHORITY'S BROADBAND TECHNOLOGIES AND INFRASTRUCTURE TO OTHER INSTRU-
MENTALITIES OF THE STATE TO SUPPORT BROADBAND AND OTHER INITIATIVES OF
THE STATE.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through FFF of this act shall
be as specifically set forth in the last section of such Parts.
2021-S8008A - Details
- See Assembly Version of this Bill:
- A9008
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2021-S8008A - Summary
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2022-2023 state fiscal year; relates to providing for mass transportation payments, in relation to the amount of payments in the Capital District Transportation District; adds Montgomery County to such District (Part E); relates to the electronic submission and public posting of bids for New York state thruway authority construction, reconstruction and improvement contracts (Part F)
2021-S8008A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 8008--A A. 9008--A
S E N A T E - A S S E M B L Y
January 19, 2022
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to transportation worker safety; and to amend the penal law,
in relation to establishing the offense of menacing a highway worker
(Subart A); to amend the vehicle and traffic law, in relation to
increasing fines payable by a driver of a motor vehicle who causes
injury to a pedestrian (Subpart B); to amend the vehicle and traffic
law, in relation to leaving the scene of an accident; and to amend the
highway law in relation to clearing of vehicles from highways (Subpart
C); to amend the vehicle and traffic law, in relation to work zone
safety and outreach program (Subpart D); to amend the vehicle and
traffic law, in relation to increasing penalties for certain traffic
infractions and the use of global positioning system technology; to
amend the vehicle and traffic law and the general business law, in
relation to notification of parkway prohibitions (Subpart E); and to
amend the highway law, in relation to increasing certain fines for
violations related to permits for work within the state highway right
of way (Subpart F) (Part A); to amend the highway law and the trans-
portation law, in relation to consolidated local highway assistance
payments (Part B); to amend the transportation law, in relation to
airport improvement and revitalization (Part C); to amend the highway
law, in relation to the entry of adjacent lands for the safe function-
ality of state highway infrastructure (Part D); to amend chapter 413
of the laws of 1999, relating to providing for mass transportation
payments, in relation to the amount of payments in the Capitol
District Transportation District and adding Montgomery County to such
District (Part E); to amend the public authorities law, in relation to
the electronic submission and public posting of bids for New York
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12673-02-2
S. 8008--A 2 A. 9008--A
state thruway authority construction, reconstruction and improvement
contracts (Part F); to amend the public authorities law, in relation
to procurement contracts (Part G); to amend the public authorities
law, in relation to increasing the statutory threshold for mandatory
use of design-build by the metropolitan transportation authority (Part
H); to amend the public authorities law, in relation to procurements
conducted by the metropolitan transportation authority and the New
York city transit authority (Part I); to amend chapter 54 of the laws
of 2016 amending the general municipal law relating to the New York
transit authority and the metropolitan transportation authority, in
relation to extending authorization for tax increment financing for
the metropolitan transportation authority (Part J); to amend the
public authorities law, in relation to MTA capital projects and utili-
ty relocations (Part K); to amend the penal law, in relation to
assaulting or harassing certain employees of a transit agency or
authority (Part L); to amend the vehicle and traffic law, in relation
to owner liability for failure of operator to comply with bus opera-
tion-related local law or regulation traffic restrictions; and to
amend part II of chapter 59 of the laws of 2010, amending the vehicle
and traffic law and the public officers law relating to establishing a
bus rapid transit demonstration program to restrict the use of bus
lanes by means of bus lane photo devices, in relation to the effec-
tiveness thereof (Part M); to amend the penal law, in relation to
including the intentional use of any toll highway, parkway, road,
bridge or tunnel or entry into or remaining in a tolled central busi-
ness district without payment of the lawful toll or charge as a theft
of services; to amend the vehicle and traffic law, in relation to the
penalty imposed upon the operator of a vehicle with an altered or
obscured license plate while on a toll highway, bridge or tunnel; to
amend the vehicle and traffic law, in relation to deterring fraudulent
use of the toll exemption for vehicles transporting persons with disa-
bilities into or remaining in a tolled central business district; and
to amend the vehicle and traffic law, in relation to allowing the
commissioner of motor vehicles to deny registration, reregistration,
renewal, replacement or transfer of the registration of a vehicle and
vehicle identification number suspended for toll evasion, or subject
to a pending toll authority request for suspension (Part N); to amend
chapter 751 of the laws of 2005, amending the insurance law and the
vehicle and traffic law relating to establishing the accident
prevention course internet technology pilot program, in relation to
the effectiveness thereof (Part O); to amend chapter 62 of the laws of
2003, amending the vehicle and traffic law and other laws relating to
increasing certain motor vehicle transaction fees, in relation to the
effectiveness thereof; and to amend chapter 84 of the laws of 2002,
amending the state finance law relating to the costs of the department
of motor vehicles, in relation to the effectiveness thereof (Part P);
to amend the vehicle and traffic law, in relation to waiving non-dri-
ver identification application fees for incarcerated individuals (Part
Q); to amend the civil rights law, in relation to requiring all state
agencies to update all applicable forms and data systems to include a
gender "x" option (Part R); to amend the public officers law, in
relation to authorizing the disclosure of records for the public
service loan forgiveness program (Part S); to amend chapter 495 of the
laws of 2004, amending the insurance law and the public health law
relating to the New York state health insurance continuation assist-
ance demonstration project, in relation to the effectiveness thereof
S. 8008--A 3 A. 9008--A
(Part T); to amend the general municipal law, in relation to brown-
field opportunity areas; and to amend the public authorities law, in
relation to funding for certain projects by the dormitory authority
(Part U); to amend the agriculture and markets law and chapter 537 of
the laws of 1976, relating to paid, free and reduced price breakfast
for eligible pupils in certain school districts, in relation to the
transfer of the administration of the national school lunch program
and related food programs to the Department of Agriculture and
Markets; and to provide for the transfer of certain functions and
employees with respect thereto (Part V); to amend the general business
law, in relation to appearance enhancement professionals (Part W); in
relation to authorizing certain health care professionals licensed to
practice in other jurisdictions to practice in this state in
connection with the Winter World University Games; and providing for
the repeal of such provisions upon expiration thereof (Part X); 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 Y); 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 Z); to amend the infrastructure
investment act, in relation to the effectiveness thereof; and to amend
chapter 749 of the laws of 2019 authorizing, for certain public works
undertaken pursuant to project labor agreements, use of the alterna-
tive delivery method known as design-build contracts, in relation to
the effectiveness thereof (Part AA); to amend the state finance law,
in relation to the excelsior linked deposit program (Part BB); to
amend the New York state urban development corporation act, in
relation to creating the small business seed funding grant program
(Part CC); to amend chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the
dormitory authority of the state of New York relative to the estab-
lishment of subsidiaries for certain purposes, in relation to the
effectiveness thereof (Part DD); to amend the public authorities law,
in relation to authorizing the dormitory authority to provide its
services to not-for-profit corporations (Part EE); to amend the public
authorities law, in relation to authorizing the dormitory authority to
utilize a prequalification list when seeking to bid or enter into a
contract for public work (Part FF); to amend the public authorities
law, in relation to authorizing the dormitory authority to provide its
services to recipients of grants and loans from the downtown revitali-
zation program (Part GG); to amend the public authorities law, in
relation to authorizing the dormitory authority to enter into design
and construction management agreements with state authorities (Part
HH); to amend the state finance law and the public authorities law, in
relation to the cannabis social equity fund (Part II); to amend the
highway law and the transportation corporations law, in relation to
right of way for fiber optic cable (Part JJ); to amend the environ-
mental conservation law, in relation to removing a program cap and
allowing funding of the solid waste mitigation program's inactive
landfill initiative (Part KK); to amend the environmental conservation
law and the tax law, in relation to eligibility for participation in
the brownfield cleanup program, assignment of the brownfield redevel-
opment tax credits and brownfield opportunity areas; and to amend part
H of chapter 1 of the laws of 2003, amending the tax law relating to
S. 8008--A 4 A. 9008--A
brownfield redevelopment tax credits, remediated brownfield credit for
real property taxes for qualified sites and environmental remediation
insurance credits, in relation to the effectiveness thereof (Part LL);
to amend the environmental conservation law, in relation to extending
the waste tire management fee for five years and conforming the appli-
cable administrative provisions to article 28 of the tax law (Part
MM); to amend part TT of chapter 59 of the laws of 2021 authorizing
the creation of state debt in the amount of three billion dollars, in
relation to creating the environmental bond act of 2022 "restore moth-
er nature" for the purposes of environmental improvements that
preserve, enhance, and restore New York's natural resources and reduce
the impact of climate change; and providing for the submission to the
people of a proposition or question therefor to be voted upon at the
general election to be held in November, 2022, in relation to creating
the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of
2022 (Part NN); to amend the environmental conservation law, the state
finance law, and part UU of chapter 59 of the laws of 2021 amending
the environmental conservation law and the state finance law relating
to the implementation of the environmental bond act of 2022 "restore
mother nature", in relation to renaming such act "clean water, clean
air, and green jobs" (Part OO); to amend the tax law, in relation to
increasing the transfer amount from the real estate transfer tax to
the environmental protection fund (Part PP); to amend the environ-
mental conservation law, in relation to freshwater wetlands; and to
repeal certain provisions of such law relating thereto (Part QQ);
amend the environmental conservation law, in relation to enacting the
"extended producer responsibility act"; and to amend the state finance
law, in relation to creating the stewardship organization fund (Part
RR); to amend the environmental conservation law, in relation to
enacting the toxics in packaging act to restrict PFAS in all packaging
and adding restrictions for phthalates in all packaging; and to repeal
title 2 of article 37 of the environmental conservation law relating
to hazardous packaging (Part SS); to amend the county law, in relation
to enacting the "Suffolk County water quality restoration act",
authorizing the county of Suffolk to establish a water quality resto-
ration fund, and extending the authority of the county of Suffolk to
form a county-wide sewer and wastewater management district (Part TT);
to amend the environmental conservation law, in relation to the water
pollution control revolving fund (Part UU); to amend the executive
law, in relation to ensuring proper administration and enforcement of
the uniform fire prevention and building code and the state energy
conservation construction code (Part VV); to amend the vehicle and
traffic law and the state finance law, in relation to the vessel
surcharge; and to repeal certain provisions of the state finance law
relating thereto (Part WW); to amend the environmental conservation
law and the real property tax law, in relation to river regulating
district payment of taxes on lands owned by the state (Part XX); to
amend the parks, recreation and historic preservation law, in relation
to the powers, functions and duties of the state council of parks,
recreation and historic preservation and the regional park, recreation
and historic preservation commissions; and to repeal certain
provisions of such law relating thereto (Part YY); to amend the insur-
ance 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 ZZ); to authorize the energy
research and development authority to finance a portion of its
S. 8008--A 5 A. 9008--A
research, development and demonstration, policy and planning, and Fuel
NY program, as well as climate change related expenses of the depart-
ment of environmental conservation and the department of agriculture
and markets' Fuel NY program, from an assessment on gas and electric
corporations (Part AAA); to authorize utility and cable television
assessments that provide funds to the department of health from cable
television assessment revenues and to the department of agriculture
and markets, department of environmental conservation, department of
state, and the office of parks, recreation and historic preservation
from utility assessment revenues; and providing for the repeal of such
provisions upon the expiration thereof (Part BBB); to amend the public
service law, in relation to the provision of gas service (Part CCC);
to amend the public authorities law, in relation to the eligibility of
hospitals in the state to receive assistance from the power authority
of the state of New York (Part DDD); to amend the energy law, the
executive law and the state finance law, in relation to establishing
the "advanced building codes, appliance and equipment efficiency stan-
dards, and building benchmarking act of 2022" (Part EEE); to amend the
public authorities law, in relation to authorizing the power authority
of the state of New York to dispose of excess capacity in its broad-
band technologies and infrastructure (Part FFF); to amend the vehicle
and traffic law, in relation to establishing the commercial driver's
license (CDL) class A young adult training program; and to repeal
subdivision 36 of section 14 of the transportation law relating there-
to (Part GGG); and to amend the urban development corporation act, in
relation to expanding the Restore New York's Communities Initiative
(Part HHH)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state transportation, economic development
and environmental conservation budget for the 2022-2023 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through HHH. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. This Part enacts into law major components of legislation
relating to safety on highways of the state. Each component is wholly
contained within a Subpart identified as Subparts A through F. The
effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
S. 8008--A 6 A. 9008--A
is found. Section three of this Part sets forth the general effective
date of this Part.
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 subdivi-
sion 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, HIGHWAY WORKER
AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
LAW, MOTOR VEHICLE INSPECTOR OR 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 any entity governed by the public service law in the course
of performing an essential service, from performing a lawful duty, by
means including releasing or failing to control an animal under circum-
stances evincing the actor's intent that the animal obstruct the lawful
activity of such peace officer, police officer, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, firefighter, paramedic, technician,
city marshal, school crossing guard appointed pursuant to section two
hundred eight-a of the general municipal law, traffic enforcement offi-
cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
TOR OR 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, he or she causes physical
injury to such peace officer, police officer, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, firefighter, paramedic, technician or
medical or related personnel in a hospital emergency department, city
marshal, school crossing guard, traffic enforcement officer, traffic
enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR
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-
S. 8008--A 7 A. 9008--A
ACTIONS 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, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A
OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR 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, sanitation enforce-
ment agent, New York city sanitation worker, public health sanitarian,
New York city public health sanitarian, registered nurse, licensed prac-
tical nurse, emergency medical service paramedic, or emergency medical
service technician, he or she causes physical injury to such train oper-
ator, ticket inspector, conductor, signalperson, bus operator, station
agent, station cleaner or terminal cleaner, city marshal, school cross-
ing guard appointed pursuant to section two hundred eight-a of the
general municipal law, traffic enforcement officer, traffic enforcement
agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF
THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR 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 sanita-
tion 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 IN SECTION ONE HUNDRED
EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR
MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
sion thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician 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
S. 8008--A 8 A. 9008--A
PURPOSES OF THIS SUBDIVISION, A HIGHWAY WORKER SHALL BE AS DEFINED IN
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
THE VEHICLE AND TRAFFIC LAW.
§ 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. Paragraph a of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xiv) to read as
follows:
(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 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 ANY SIGNS, CHANNELING DEVICES, BARRI-
ERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORKERS ARE PHYS-
ICALLY 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. Paragraph 1 of subdivision (b) 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 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.
S. 8008--A 9 A. 9008--A
§ 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 C
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 OR 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 OF TRANSPOR-
TATION OR A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE
COMMISSIONER OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO
SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A
RECKLESS OR GROSSLY NEGLIGENT MANNER.
§ 3. This act shall take effect immediately.
SUBPART D
S. 8008--A 10 A. 9008--A
Section 1. The vehicle and traffic law is amended by adding a new
section 1221-b to read as follows:
§ 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
COMMITTEE, UPON CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION,
THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER 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.
SUBPART E
Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
traffic law, as amended by section 1 of part B of chapter 58 of the laws
of 2020, are amended to read as follows:
(h) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a motor vehicle registered as a commer-
cial vehicle and having a gross vehicle weight rating of at least ten
thousand pounds but no more than twenty-six thousand pounds shall, for a
first conviction thereof, be punished by a fine of not more than [three
hundred fifty] ONE THOUSAND dollars or by imprisonment of not more than
fifteen days or by both such fine and imprisonment; for a conviction of
a second violation, both of which were committed within a period of
eighteen months, such person shall be punished by a fine of not more
than [seven] FIFTEEN hundred dollars or by imprisonment for not more
than forty-five days or by both such fine and imprisonment; upon a
conviction of a third or subsequent violation, all of which were commit-
ted 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 subdivision
shall not apply to a commercial motor vehicle as such term is defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter.
(i) Notwithstanding the provisions of subdivisions (b) and (c) of this
section, a person convicted of a traffic infraction for a violation of
any ordinance, order, rule, regulation or local law adopted pursuant to
one or more of the following provisions of this chapter: paragraphs two
and nine of subdivision (a) of section sixteen hundred twenty-one;
subdivision three of section sixteen hundred thirty; or subdivision five
of section seventy-one of the transportation law, prohibiting the opera-
tion on a highway or parkway of a commercial motor vehicle as defined in
paragraph (a) of subdivision four of section five hundred one-a of this
chapter, for a first conviction thereof, be punished by a fine of not
more than [seven hundred] FIVE THOUSAND dollars or by imprisonment of
S. 8008--A 11 A. 9008--A
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 two or fourteen of
this section, where the violation relates to the height of the vehicle,
including a violation related to the operation, within a city not wholly
included within one county, of a vehicle which exceeds the limitations
provided for in the rules and regulations of the city department of
transportation of such city, shall be punishable by a fine of not more
than [one] FIVE thousand dollars, or by imprisonment for not more than
thirty days, or by both such fine and imprisonment, for the first
offense; by a fine of not more than [two] SEVEN thousand FIVE HUNDRED
dollars, or by imprisonment for not more than sixty days, or by both
such fine and imprisonment, for the second or subsequent offense;
provided that a sentence or execution thereof for any violation under
this subdivision may not be suspended. For any violation of the
provisions of subdivisions 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, 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
amended by chapter 473 of the laws of 2021, is amended to read as
follows:
54. Stretch limousine [and], charter bus, AND COMMERCIAL MOTOR VEHICLE
commercial GPS. (a) Every stretch limousine [and], charter bus, 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 regulations establishing standards for
commercial GPS.
(b) It shall be unlawful to operate or cause to be operated a stretch
limousine [or], charter bus, 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], charter bus, OR
COMMERCIAL MOTOR VEHICLE is equipped with commercial global positioning
S. 8008--A 12 A. 9008--A
system (GPS) technology as required by this subdivision and such commer-
cial global positioning system (GPS) technology is used. The presence in
such stretch limousine [or], charter bus, 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], charter bus, OR
COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any cred-
ible 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;
(ii) "Charter bus" shall mean a bus transporting passengers for
compensation in a chartered party;
(iii) "Chartered party" shall mean a group of persons who, pursuant to
a common purpose and under a single contract and at a fixed charge, have
acquired exclusive use of a bus to travel together as a group to a
specific destination or for a particular itinerary either agreed upon in
advance or modified after having left the place of origin by such group;
[and]
(iv) "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
(V) "Commercial global positioning system (GPS) technology" shall mean
global positioning system (GPS) technology which has been specifically
designed to assist in the navigation of commercial motor vehicles.
§ 4. The vehicle and traffic law is amended by adding a new section
509-vv to read as follows:
§ 509-VV. THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS. ONE
YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR COMMERCIAL
MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
OF ANY COMMERCIAL VEHICLE, IS PROHIBITED. FOR PURPOSES OF THIS SECTION,
NON-COMMERCIAL GLOBAL POSITION SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSI-
TIONING 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-
S. 8008--A 13 A. 9008--A
TION 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
WRITING, ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST
OPERATING 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 if chapter 473
of the laws of 2021 shall not have taken effect on or before such date
then section three of this act shall take effect on the same date and in
the same manner as such chapter of the laws of 2021 takes effect;
provided further that this act shall be deemed repealed if any federal
agency determines in writing that this act would render New York state
ineligible for the receipt of federal funds or any court of competent
jurisdiction finally determines that this act would render New York
state out of compliance with federal law or regulation; and provided
that the commissioner of transportation shall notify the legislative
bill drafting commission upon the occurrence of the provisions 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; and
provided further, however, that with respect to 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
S. 8008--A 14 A. 9008--A
public officers law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
SUBPART F
Section 1. Section 52 of the highway law, as amended by chapter 297 of
the laws of 1972, the fourth undesignated paragraph as amended by chap-
ter 643 of the laws of 1998 and the closing paragraph as amended by
section 14 of part EE of chapter 63 of the laws of 2000, is amended to
read as follows:
§ 52. Permits for work within the state highway right of way. 1.
Except in connection with the construction, reconstruction, maintenance
or improvement of a state highway, no person, firm, corporation, munici-
pality, or state department or agency shall construct or improve, within
the state highway right of way an entrance or connection to such high-
way, or construct within the state highway right of way any works,
structure or obstruction, or any overhead or underground crossing there-
of, or lay or maintain therein underground wires or conduits or drain-
age, sewer or water pipes, except in accordance with the terms and
conditions of a work permit issued by the commissioner of transportation
or his duly designated agent, notwithstanding any consent or franchise
granted by any town or county superintendent, or by any other municipal
authority. Any municipal corporation may enter upon any state highway
for the purpose of widening the pavement or for any other purpose
authorized by this section, but only after securing a permit as provided
herein. Notwithstanding the limitations in any general or special law,
every municipal corporation shall have and is hereby given authority to
deposit with the department of transportation, such a sum of money or a
security bond as may be required by the commissioner of transportation
as a condition precedent to the granting of the permit provided in this
section.
2. (A) The commissioner of transportation shall establish regulations
governing the issuance of highway work permits, including the fees to be
charged therefor, a system of deposits of money or bonds guaranteeing
the performance of the work and requirements of insurance to protect the
interests of the state during performance of the work pursuant to a
highway work permit. With respect to driveway entrance permits, the
regulations shall take into consideration the prospective character of
the development, the traffic which will be generated by the facility
within the reasonably foreseeable future, the design and frequency of
access to the facility, the effect of the facility upon drainage as
related to existing drainage systems, the extent to which such facility
may impair the safety and traffic carrying capacity of the existing
state highway and any proposed improvement thereto within the reasonably
foreseeable future, and any standards governing access, non-access or
limited access which have been established by the department of trans-
portation.
(B) Upon completion of the work within the state highway right of way,
authorized by the work permit, the person, firm, corporation, munici-
pality, or state department or agency, and his or its successors in
interest, shall be responsible for the maintenance and repair of such
work or portion of such work as set forth within the terms and condi-
tions of the work permit.
S. 8008--A 15 A. 9008--A
3. An advertising sign, display or device, or any part thereof,
erected or maintained in violation of this section shall be removed from
the state highway right of way by the owner or the party responsible for
its erection and maintenance. The commissioner of transportation shall
make a demand by mail, to the last known address of the owner, apparent
owner or party responsible for the erection and maintenance of such
advertising sign, display or device, for its removal and, if it is not
removed within thirty days from the date of the mailing of such demand,
the commissioner of transportation may remove any such advertising sign,
display or device, or any part thereof, from the state highway right of
way. Any such legally permitted, erected and maintained sign, display or
device may be maintained by its owner in accordance with the provisions
of this section upon the approval of the permit issuing office on the
same terms and conditions as may exist for the granting of such
approvals generally. Where such approvals are for permits to control
vegetation, the permit issuing office shall approve no more than two
hundred fifty permits per annum. The commissioner of transportation may
also order the approval of additional permits to control vegetation on
an individual basis upon demonstration of acute need.
4. The term "state highway right of way" shall, for the purposes of
this section, mean the entire width between the boundary line of all
property which has been purchased or appropriated by the state for state
highway purposes, all property over which the commissioner of transpor-
tation or his predecessors has assumed jurisdiction for state highway
purposes, all property over which the commissioner of transportation has
assumed jurisdiction during the period of construction, reconstruction
or improvement and all property which has become part of the state high-
way system through dedication or use.
5. Any person, firm or corporation violating this section shall be
liable [to] FOR a fine of not [less than twenty-five dollars nor] more
than [one] TWENTY-FIVE thousand dollars for each day of violation to be
recovered by the commissioner of transportation. All fees, fines or
penalties collected or recovered by the commissioner pursuant to this
section shall be deposited by the comptroller into the special obli-
gation reserve and payment account of the dedicated highway and bridge
trust fund established pursuant to section eighty-nine-b of the state
finance law, excepting monies deposited with the state on account of
betterments performed pursuant to subdivision twenty-seven or subdivi-
sion thirty-five of section ten of this chapter.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or Subpart of this Part 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 Subpart 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 Part 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 F of this Part shall
be as specifically set forth in the last section of such Subparts.
PART B
S. 8008--A 16 A. 9008--A
Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
way law, as amended by section 1 part A of chapter 58 of the laws of
2020, is amended to read as follows:
(e) Funds allocated for local street or highway projects under this
subdivision shall be used to undertake work on a project either with the
municipality's own forces or by contract, provided however, that whenev-
er the estimate for the construction contract work exceeds one hundred
thousand dollars but does not exceed [three] SEVEN hundred fifty thou-
sand dollars such work must be performed either with the municipality's
own forces or by contract let by competitive bid in accordance with the
provisions of section one hundred three of the general municipal law and
provided further, however, that whenever the estimate for the
construction contract work exceeds [three] SEVEN hundred fifty thousand
dollars such work must be performed by contract let by competitive bid
in accordance with the provisions of section one hundred three of the
general municipal law.
§ 2. This act shall take effect immediately.
PART C
Section 1. Section 14-l of the transportation law, as added by
section 2 of part H of chapter 413 of the laws of 1999, paragraph (f) of
subdivision 2 as amended by section 1 of subpart XX of chapter 59 of the
laws of 2021, is amended to read as follows:
§ 14-1. Airport improvement and revitalization. 1. Notwithstanding any
other provision of law to the contrary, an airport improvement and revi-
talization grant [and loan] program is established. Such program is
established to provide assistance for the revitalization of public use
airports through funding of projects or portions thereof, for which
sufficient federal capital assistance and required non-federal matching
funding is not available and provided the project is consistent with the
airport layout plan approved by the department OR THE FEDERAL AVIATION
ADMINISTRATION. The funding of capital improvements pursuant to this
section shall not be used to provide the non-federal matching share for
federal airport capital improvement grants.
2. (a) Assistance may consist of grants [and loans] for capital
improvements and technical assistance provided by the department pursu-
ant to this section.
[Loans and grants] GRANTS pursuant to this section may be made to any
municipal corporation, public authority, public benefit corporation or
any combination thereof, or to other owners of a public use airport for
the purpose of improving a public use airport. A county, pursuant to a
written agreement, may act on behalf of one or more cities, towns or
villages for the purposes of this section. No such assistance shall be
provided to any airport operated by a bi-state authority.
(b) Improvements pursuant to this section may be made for the follow-
ing purposes:
(i) construction, reconstruction, improvement, reconditioning and
preservation of capital facilities where the service life of the project
is at least ten years, and related engineering services provided, howev-
er, that for pavement management projects the service life of the
project shall be at least five years; AND
(ii) purchase of airport equipment, including navigational aids,
acquisition of land and easements[; and
(iii) technical assistance for airports including, but not limited to,
preparation of studies to attract, retain or improve air carrier or air
S. 8008--A 17 A. 9008--A
cargo services including low fare commercial service air carrier
services, airport business plans, activities to inform the general
public or public and private organizations of the availability and
economic impact of the airport and the aviation services at the airport
on the community].
(c) Assistance pursuant to this section shall be provided pursuant to
contract with the commissioner. Contracts for capital improvements shall
insure the availability to the public of any airport improved hereunder
for the useful life of such improvement as defined in section sixty-one
of the state finance law. The commissioner shall establish standards
governing the form, content and submission of applications for partic-
ipation in this program. Such standards shall include, but not be limit-
ed to, the requirement that, with respect to applications submitted by
owners of privately-owned airports, the commissioner shall make a deter-
mination that a request submitted by such owners will serve a public
purpose [and such applications are accompanied by]. BEFORE ANY FUNDING
UNDER THIS SECTION MAY BE ACCEPTED OR DISBURSED, THE COMMISSIONER MUST
BE PROVIDED WITH a resolution from the governing body of the county in
which such privately-owned airport is located formally endorsing the
project for which assistance is requested. The commissioner shall not
approve an application for a grant [or loan] unless the applicant can
demonstrate commitment of sufficient funds to provide the match set
forth in paragraph (d) of this subdivision.
[All loans shall be repaid within ten years and bear such rate of
interest as shall be established therefor by the commissioner upon the
issuance of the loan; provided, however, such rate shall not exceed six
percent per annum. Payments on all loans shall be made to the department
and credited to the airport improvement and revitalization fund estab-
lished pursuant to section eighty-eight-d of the state finance law.]
(d) Matching ratios. [(i)] Capital grants [and loans]. State assist-
ance for the program shall cover the following share of the project
cost: for general aviation airports and commercial service airports with
less than fifty thousand annual enplanements, up to ninety percent; for
commercial service airports with fifty thousand or more but less than
seven hundred thousand annual enplanements, up to eighty percent; and
for commercial service airports with annual enplanements of seven
hundred thousand or more, up to seventy percent.
[(ii) Technical assistance. Technical assistance may be up to eighty
percent of the project cost. Funding for technical assistance shall be
limited to general aviation airports and commercial service airports
with less than two hundred fifty thousand annual enplanements, provided,
however, that such funding may be granted to general aviation airports
and commercial service airports, regardless of the number of annual
enplanements, for the preparation of studies to attract, retain or
improve low fare commercial service air carrier services. The entire
cost of regional or statewide studies conducted by or on behalf of the
department may be funded.]
(e) Funds for assistance pursuant to this section shall be from the
airport improvement and revitalization fund established pursuant to
section eighty-eight-d of the state finance law. No funds shall be paid
pursuant to this section unless the applicant for assistance provides
for the required non-state funded share of the costs of a project.
(f) No grant [or loan] to any eligible applicant shall exceed the sum
of [two] FIVE million [five hundred thousand] dollars, and no part of
any such grant [or loan] shall be used for salaries or for services
S. 8008--A 18 A. 9008--A
regularly provided by the applicant for administrative costs in
connection with such grant [or loan].
(g) On or before May first each year, the commissioner shall submit a
report on the immediately preceding fiscal year to the governor, tempo-
rary president of the senate and speaker of the assembly showing the
total funds available for assistance pursuant to this section, AND item-
ization of assistance provided[, and the repayments of loans].
(h) No provision of this section shall be deemed to make any applicant
ineligible for assistance otherwise available pursuant to section four-
teen-h or fourteen-k of this article.
(i) The commissioner may promulgate rules and regulations for the
implementation of this section.
§ 2. This act shall take effect immediately.
PART D
Section 1. Section 45 of the highway law, as amended by chapter 1110
of the laws of 1971, is amended to read as follows:
§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state
highway or adjoining or in the bed or beds of any streams or creeks may
be entered upon and occupied by the commissioner of transportation, his
OR HER representatives and employees, or by a contractor or any of his
OR HER agents or employees when directed by the commissioner of trans-
portation or his OR HER representative:
1. to open, maintain or construct an existing ditch or drain or for
making surveys and for digging a new ditch or drain, or a section there-
of, for the free passage of water for the drainage of such highways.
2. to perform such work of construction, reconstruction, improvement
or maintenance in order to keep the waters of such streams or creeks
within their proper channels and to prevent their encroachment upon
state highways or bridges thereon.
3. to remove or change the position of a fence or other obstruction
which, in the judgment of the commissioner of transportation, prevents
the free flow of water under or through a state highway, bridge or
culvert.
4. to remove any fence or other obstruction which, in the judgment of
the commissioner of transportation, causes snow to drift in and upon a
state highway, and to erect snow fences or other devices upon such lands
to prevent the drifting of snow in or upon any such highway.
5. to inspect trees for the purpose of determining whether any are in
such a condition as to constitute a danger to users of the adjacent
highway and to remove or prune those trees or parts thereof which in the
judgment of the commissioner constitute such a danger.
6. ON A TEMPORARY BASIS, WHEN DETERMINED TO BE NECESSARY IN THE
DISCRETION OF THE COMMISSIONER, TO PERFORM EMERGENCY REPAIRS TO PROVIDE
FOR THE SAFE FUNCTIONALITY AND OPERATION OF STATE HIGHWAYS AND BRIDGES
WHEN SUCH FUNCTIONALITY OR OPERATION IS IMPACTED BY STORM DAMAGE, LAND-
SLIDE, OR RETAINING WALL OR DRAINAGE FAILURE, AND MAY POSE A THREAT TO
THE TRAVELING PUBLIC.
Notwithstanding the provisions of any general, special or local law or
of any inconsistent provision of this chapter, claims for any damage
caused by such entry and work and not exceeding three hundred and fifty
dollars may be adjusted by agreement by the commissioner of transporta-
tion without appropriating any property. Upon making any such agreement
and adjustment, and upon the approval thereof by the department of audit
and control, the commissioner of transportation shall deliver to the
S. 8008--A 19 A. 9008--A
comptroller such agreement and a certificate stating the amount due such
owner for damage caused by such entry and work and the amount so fixed
shall be paid out of the state treasury from moneys appropriated for the
maintenance and repair of state highways.
§ 2. This act shall take effect immediately.
PART E
Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
relating to providing for mass transportation payments, as amended by
section 1 of part D of chapter 58 of the laws of 2015, is amended to
read as follows:
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, payment of mass transportation operating assistance pursuant
to section 18-b of the transportation law shall be subject to the
provisions contained herein and the amounts made available therefor by
appropriation.
In establishing service and usage formulas for distribution of mass
transportation operating assistance, the commissioner of transportation
may combine and/or take into consideration those formulas used to
distribute mass transportation operating assistance payments authorized
by separate appropriations in order to facilitate program administration
and to ensure an orderly distribution of such funds.
To improve the predictability in the level of funding for those
systems receiving operating assistance payments under service and usage
formulas, the commissioner of transportation is authorized with the
approval of the director of the budget, to provide service payments
based on service and usage statistics of the preceding year.
In the case of a service payment made, pursuant to section 18-b of the
transportation law, to a regional transportation authority on account of
mass transportation services provided to more than one county (consider-
ing the city of New York to be one county), the respective shares of the
matching payments required to be made by a county to any such authority
shall be as follows:
Percentage
of Matching
Local Jurisdiction Payment
--------------------------------------------
In the Metropolitan Commuter
Transportation District:
New York City ................ 6.40
Dutchess ..................... 1.30
Nassau ....................... 39.60
Orange ....................... 0.50
Putnam ....................... 1.30
Rockland ..................... 0.10
Suffolk ...................... 25.70
Westchester .................. 25.10
In the Capital District Trans-
portation District:
Albany ....................... [56.10] 55.27
Rensselaer ................... [23.30] 22.96
Saratoga ..................... [4.10] 4.04
Schenectady .................. [16.50] 16.26
MONTGOMERY ................... 1.47
S. 8008--A 20 A. 9008--A
In the Central New York Re-
gional Transportation Dis-
trict:
Cayuga ....................... 5.11
Onondaga ..................... 75.83
Oswego ....................... 2.85
Oneida ....................... 16.21
In the Rochester-Genesee Re-
gional Transportation Dis-
trict:
Genesee ...................... 1.36
Livingston ................... .90
Monroe ....................... 90.14
Wayne ........................ .98
Wyoming ...................... .51
Seneca ....................... .64
Orleans ...................... .77
Ontario ...................... 4.69
In the Niagara Frontier Trans-
portation District: Erie ......................... 89.20
Niagara ...................... 10.80
Notwithstanding any other inconsistent provisions of section 18-b of
the transportation law or any other law, any moneys provided to a public
benefit corporation constituting a transportation authority or to other
public transportation systems in payment of state operating assistance
or such lesser amount as the authority or public transportation system
shall make application for, shall be paid by the commissioner of trans-
portation to such authority or public transportation system in lieu, and
in full satisfaction, of any amounts which the authority would otherwise
be entitled to receive under section 18-b of the transportation law.
Notwithstanding the reporting date provision of section 17-a of the
transportation law, the reports of each regional transportation authori-
ty and other major public transportation systems receiving mass trans-
portation operating assistance shall be submitted on or before July 15
of each year in the format prescribed by the commissioner of transporta-
tion. Copies of such reports shall also be filed with the chairpersons
of the senate finance committee and the assembly ways and means commit-
tee and the director of the budget. The commissioner of transportation
may withhold future state operating assistance payments to public trans-
portation systems or private operators that do not provide such reports.
Payments may be made in quarterly installments as provided in subdivi-
sion 2 of section 18-b of the transportation law or in such other manner
and at such other times as the commissioner of transportation, with the
approval of the director of the budget, may provide; and where payment
is not made in the manner provided by such subdivision 2, the matching
payments required of any city, county, Indian tribe or intercity bus
company shall be made within 30 days of the payment of state operating
assistance pursuant to this section or on such other basis as may be
agreed upon by the commissioner of transportation, the director of the
budget, and the chief executive officer of such city, county, Indian
tribe or intercity bus company.
The commissioner of transportation shall be required to annually eval-
uate the operating and financial performance of each major public trans-
portation system. Where the commissioner's evaluation process has iden-
tified a problem related to system performance, the commissioner may
S. 8008--A 21 A. 9008--A
request the system to develop plans to address the performance deficien-
cies. The commissioner of transportation may withhold future state oper-
ating assistance payments to public transportation systems or private
operators that do not provide such operating, financial, or other infor-
mation as may be required by the commissioner to conduct the evaluation
process.
Payments shall be made contingent upon compliance with regulations
deemed necessary and appropriate, as prescribed by the commissioner of
transportation and approved by the director of the budget, which shall
promote the economy, efficiency, utility, effectiveness, and coordinated
service delivery of public transportation systems. The chief executive
officer of each public transportation system receiving a payment shall
certify to the commissioner of transportation, in addition to informa-
tion required by section 18-b of the transportation law, such other
information as the commissioner of transportation shall determine is
necessary to determine compliance and carry out the purposes herein.
Counties, municipalities or Indian tribes that propose to allocate
service payments to operators on a basis other than the amount earned by
the service payment formula shall be required to describe the proposed
method of distributing governmental operating aid and submit it one
month prior to the start of the operator's fiscal year to the commis-
sioner of transportation in writing for review and approval prior to the
distribution of state aid. The commissioner of transportation shall only
approve alternate distribution methods which are consistent with the
transportation needs of the people to be served and ensure that the
system of private operators does not exceed established maximum service
payment limits. Copies of such approvals shall be submitted to the
chairpersons of the senate finance and assembly ways and means commit-
tees.
Notwithstanding the provisions of subdivision 4 of section 18-b of the
transportation law, the commissioner of transportation is authorized to
continue to use prior quarter statistics to determine current quarter
payment amounts, as initiated in the April to June quarter of 1981. In
the event that actual revenue passengers and actual total number of
vehicle, nautical or car miles are not available for the preceding quar-
ter, estimated statistics may be used as the basis of payment upon
approval by the commissioner of transportation. In such event, the
succeeding payment shall be adjusted to reflect the difference between
the actual and estimated total number of revenue passengers and vehicle,
nautical or car miles used as the basis of the estimated payment. The
chief executive officer may apply for less aid than the system is eligi-
ble to receive. Each quarterly payment shall be attributable to operat-
ing expenses incurred during the quarter in which it is received, unless
otherwise specified by such commissioner. In the event that a public
transportation system ceases to participate in the program, operating
assistance due for the final quarter that service is provided shall be
based upon the actual total number of revenue passengers and the actual
total number of vehicle, nautical or car miles carried during that quar-
ter.
Payments shall be contingent on compliance with audit requirements
determined by the commissioner of transportation.
In the event that an audit of a public transportation system or
private operator receiving funds discloses the existence of an overpay-
ment of state operating assistance, regardless of whether such an over-
payment results from an audit of revenue passengers and the actual
number of revenue vehicle miles statistics, or an audit of private oper-
S. 8008--A 22 A. 9008--A
ators in cases where more than a reasonable return based on equity or
operating revenues and expenses has resulted, the commissioner of trans-
portation, in addition to recovering the amount of state operating
assistance overpaid, shall also recover interest, as defined by the
department of taxation and finance, on the amount of the overpayment.
Notwithstanding any other law, rule or regulation to the contrary,
whenever the commissioner of transportation is notified by the comp-
troller that the amount of revenues available for payment from an
account is less than the total amount of money for which the public mass
transportation systems are eligible pursuant to the provisions of
section 88-a of the state finance law and any appropriations enacted for
these purposes, the commissioner of transportation shall establish a
maximum payment limit which is proportionally lower than the amounts set
forth in appropriations.
Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
of the state finance law and any other general or special law, payments
may be made in quarterly installments or in such other manner and at
such other times as the commissioner of transportation, with the
approval of the director of the budget may prescribe.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2022.
PART F
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 G
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.
S. 8008--A 23 A. 9008--A
THE AUTHORITY MAY UTILIZE A PROCUREMENT CONTRACT LET BY 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. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
RECORD ITS RATIONALE FOR THE USE OF SUCH A CONTRACT. SUCH RATIONALE
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
CONSIDERATION OF THE PROCUREMENT METHOD BY WHICH THE CONTRACT WAS
AWARDED, AN ANALYSIS OF ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
NOT IN THE BEST INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
COST. THE AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT
DUE THE VENDOR OR CONTRACTOR AS A RESULT OF THE AUTHORITY'S USE OF THE
CONTRACT.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 1 of section 1264 of the public authorities
law, as amended by section 2 of subpart B of part ZZZ of chapter 59 of
the laws of 2019, is amended to read as follows:
1. The purposes of the authority shall be the continuance, further
development and improvement of commuter transportation and other
services related thereto within the metropolitan commuter transportation
district, including but not limited to such transportation by railroad,
omnibus, marine and air, in accordance with the provisions of this
title. It shall be the further purpose of the authority, consistent with
its status as the ex officio board of both the New York city transit
authority and the triborough bridge and tunnel authority, to develop and
implement a unified mass transportation policy for such district in an
efficient and cost-effective manner that includes the use of design-
build contracting on all projects over [twenty-five] TWO HUNDRED million
dollars in cost FOR NEW CONSTRUCTION AND ALL PROJECTS OVER FOUR HUNDRED
MILLION DOLLARS IN COST FOR PROJECTS THAT ARE PREDOMINANTLY REHABILI-
TATION OR REPLACEMENT OF EXISTING ASSETS except where a waiver is grant-
ed by the New York state budget director pursuant to a request in writ-
ing from the metropolitan transportation authority. For purposes of
granting a waiver pursuant to this section, such review shall consider
whether the design build contracting method is appropriate for the
project that such waiver is sought for, and the amount of savings and
efficiencies that could be achieved using such method. The determination
for such waiver shall be made in writing within forty-five days from
request or shall be deemed granted.
§ 2. This act shall take effect immediately.
PART I
Section 1. Paragraph (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, is amended to read as follows:
(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
S. 8008--A 24 A. 9008--A
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 resol-
ution adopt guidelines that authorize the award of contracts to small
business concerns, to service disabled veteran owned businesses certi-
fied pursuant to article seventeen-B of the executive law, or minority
or women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, or purchases of goods or technology that
are recycled or remanufactured, in an amount not to exceed one million
FIVE HUNDRED THOUSAND 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 without a formal competitive process.
§ 2. Paragraph (a) of subdivision 8 of section 1209 of the public
authorities law, as amended by chapter 725 of the laws of 1993, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
law provided that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall only be required
when required by this section. Publication in a newspaper of general
circulation in the area served or in the procurement opportunities news-
letter shall not be required if bids for contracts for supplies, materi-
als 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
eleven of this section. Any such advertisement shall contain a statement
of: (i) the time and place where bids received pursuant to any notice
requesting sealed bids will be publicly opened and read; (ii) the name
of the contracting agency; (iii) the contract identification number;
(iv) a brief description of the public work, supplies, materials, or
equipment sought, the location where work is to be performed, goods are
to be delivered or services provided and the contract term; (v) the
address where bids or proposals are to be submitted; (vi) the date when
bids or proposals are due; (vii) a description of any eligibility or
qualification requirement or preference; (viii) a statement as to wheth-
er 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 PROVIDED THAT
AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
BE, AND THE DATE OF OPENING AND READING OF BIDS FOR PUBLIC WORK
CONTRACTS.
§ 3. 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:
S. 8008--A 25 A. 9008--A
(e) the item is available through an existing contract [between a
vendor and (i) another public authority provided that such other author-
ity utilized a process of competitive bidding or a process of compet-
itive requests for proposals to award such contract or (ii) the state of
New York or the city of New York, provided that in any case when the
authority under this paragraph determines that obtaining such item
thereby would be in the public interest and sets forth the reasons for
such determination] LET BY 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. THE
AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT RECORD ITS RATIONALE FOR THE
USE OF SUCH A CONTRACT. SUCH RATIONALE SHALL INCLUDE, BUT NEED NOT BE
LIMITED TO, A DETERMINATION OF NEED, A CONSIDERATION OF THE PROCUREMENT
METHOD BY WHICH THE CONTRACT WAS AWARDED, AN ANALYSIS OF ALTERNATIVE
PROCUREMENT SOURCES INCLUDING AN EXPLANATION WHY A COMPETITIVE PROCURE-
MENT OR THE USE OF A CENTRALIZED CONTRACT LET BY THE COMMISSIONER OF THE
OFFICE OF GENERAL SERVICES IS NOT IN THE BEST INTEREST OF THE AUTHORITY,
AND THE REASONABLENESS OF COST. The authority shall accept sole respon-
sibility for any payment due the vendor as a result of the authority's
order; or
§ 4. Subdivision 10 of section 1209 of the public authorities law, as
added by chapter 929 of the laws of 1986, is amended to read as follows:
10. Upon the adoption of a resolution by the authority stating, for
reasons of efficiency, economy, compatibility or maintenance reliabil-
ity, that there is a need for standardization, the authority may estab-
lish procedures whereby particular supplies, materials or equipment are
identified on a qualified products list. Such procedures shall provide
for products or vendors to be added to or deleted from such list and
shall include provisions for public advertisement of the manner in which
such lists are compiled. The authority shall review such list no less
than [twice] ONCE a year for the purpose of making modifications there-
to. Contracts for particular supplies, materials or equipment identi-
fied on a qualified products list may be awarded by the authority to the
lowest responsible bidder after obtaining sealed bids in accordance with
this section or without competitive sealed bids in instances when the
item is available from only a single source, except that the authority
may dispense with advertising provided that it mails copies of the invi-
tation to bid to all vendors of the particular item on the qualified
products list.
§ 5. Paragraph (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, is amended to read as follows:
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided (i) that a contract for services in the actual or estimated
amount of one million dollars or less shall not require approval by the
board of the authority regardless of the length of the period over which
the services are rendered, and provided further that a contract for
services in the actual or estimated amount in excess of one million
dollars shall require approval by the board of the authority regardless
of the length of the period over which the services are rendered unless
such a contract is awarded to the lowest responsible bidder after
obtaining sealed bids, and (ii) the board of the authority may by resol-
ution adopt guidelines that authorize the award of contracts to small
business concerns, to service disabled veteran owned businesses certi-
S. 8008--A 26 A. 9008--A
fied pursuant to article seventeen-B of the executive law, or minority
or women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, or purchases of goods or technology that
are recycled or remanufactured, in an amount not to exceed one million
FIVE HUNDRED THOUSAND 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 without a formal competitive process.
§ 6. Paragraph (a) of subdivision 3 of section 1265-a of the public
authorities law, as amended by chapter 494 of the laws of 1990, is
amended to read as follows:
(a) Advertisement for bids, when required by this section, shall be
published at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities news-
letter published pursuant to article four-C of the economic development
law provided that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall only be required
for a purchase contract for supplies, materials or equipment when
required by this section. Publication in a newspaper of general circu-
lation in the area served or in the procurement opportunities newsletter
shall not be required if bids for contracts for supplies, materials or
equipment are of a type regularly purchased by the authority and are to
be solicited from a list of potential suppliers, if such list is or has
been developed consistent with the provisions of subdivision six of this
section. Any such advertisement shall contain a statement of: (i) the
time and place where bids received pursuant to any notice requesting
sealed bids will be publicly opened and read; (ii) the name of the
contracting agency; (iii) the contract identification number; (iv) a
brief description of the public work, supplies, materials, or equipment
sought, the location where work is to be performed, goods are to be
delivered or services provided and the contract term; (v) the address
where bids or proposals are to be submitted; (vi) the date when bids or
proposals are due; (vii) a description of any eligibility or qualifica-
tion requirement or preference; (viii) a statement as to whether the
contract requirements may be fulfilled by a subcontracting, joint
venture, or co-production arrangement; (ix) any other information deemed
useful to potential contractors; and (x) the name, address, and tele-
phone number of the person to be contacted for additional information.
At least [fifteen] 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 PROVIDED THAT
AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
BE, AND THE DATE OF OPENING AND READING OF BIDS FOR PUBLIC WORK
CONTRACTS.
§ 7. 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 author-
ity utilized a process of competitive bidding or a process of compet-
itive 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,
provided that in any case when under this paragraph the authority deter-
mines that obtaining such item thereby would be in the public interest
and sets forth the reasons for such determination] LET BY ANY DEPART-
S. 8008--A 27 A. 9008--A
MENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR
ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY
OF ANY STATE OR STATES. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
RECORD ITS RATIONALE FOR THE USE OF SUCH A CONTRACT. SUCH RATIONALE
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
CONSIDERATION OF THE PROCUREMENT METHOD BY WHICH THE CONTRACT WAS
AWARDED, AN ANALYSIS OF ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
NOT IN THE BEST INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
COST. The authority shall accept sole responsibility for any payment due
the vendor as a result of the authority's order; or
§ 8. 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.
§ 9. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 7 of section 1209 of the
public authorities law made by section one of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with; and provided further, however, that the amendments to paragraph
(b) of subdivision 2 of section 1265-a of the public authorities law
made by section five of this act shall not affect the expiration of such
paragraph and shall be deemed to expire therewith.
PART J
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016,
amending the general municipal law relating to the New York transit
authority and the metropolitan transportation authority, as amended by
section 1 of part K of chapter 58 of the laws of 2020, is amended to
read as follows:
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 119-r of the general municipal law
made by section two of this act shall expire and be deemed repealed
April 1, [2022] 2032, and provided further that such repeal shall not
affect the validity or duration of any contract entered into before that
date pursuant to paragraph f of such subdivision.
§ 2. This act shall take effect immediately.
PART K
S. 8008--A 28 A. 9008--A
Section 1. Section 1266 of the public authorities law is amended by
adding a new subdivision 12-b to read as follows:
12-B. WHENEVER IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION,
RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY THE
AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR OTHER INFRAS-
TRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND APPLI-
ANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED, RELOCATED
OR OTHERWISE PROTECTED OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY
("THE REQUIRED WORK"), THE FOLLOWING PROVISIONS SHALL APPLY.
(A) THE DESIGN FOR THE REQUIRED WORK MAY BE PREPARED BY THE AUTHORITY
OR THE AUTHORITY'S CONTRACTOR. SUCH DESIGNS 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 A REASONABLE PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORITY
AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION.
(B) IN REVIEWING AND APPROVING DESIGNS FOR THE REQUIRED WORK, A PUBLIC
SERVICE CORPORATION MAY NOT REQUIRE THE AUTHORITY TO PROVIDE FOR ANTIC-
IPATED FUTURE SERVICE INCREASES OR OTHER BETTERMENTS, OTHER THAN TO
COMPLY WITH CURRENT STANDARDS OR ENSURE RELIABILITY AS DETERMINED BY THE
DEPARTMENT OF PUBLIC SERVICE, WITHOUT THE AUTHORITY'S AGREEMENT, WHICH
SHALL NOT BE UNREASONABLY WITHHELD.
(C) WHERE THE PUBLIC SERVICE CORPORATION DETERMINES THAT IT WILL
PERFORM ANY PORTION OF THE REQUIRED WORK, THAT PORTION OF THE REQUIRED
WORK SHALL BE PERFORMED ACCORDING TO A SCHEDULE DETERMINED BY THE
AUTHORITY AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION,
PROVIDED THAT THE SCHEDULE IS REASONABLE AND PRACTICABLE.
§ 2. This act shall take effect immediately.
PART L
Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
rately amended by chapters 268 and 281 of the laws of 2016, is amended
to read as follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
OFFICIAL DUTIES INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES,
VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; A
PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR,
INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL
SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
TURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE TRAIN IN
PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR
TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR
COMMUTER RAILROAD agency, authority or company, public or private, whose
operation is authorized by New York state or any of its political subdi-
visions, a city marshal, a school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city sanitation worker, public
health sanitarian, New York city public health sanitarian, registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency medical service technician, he or she causes physical injury
to such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner [or], terminal cleaner, STATION
S. 8008--A 29 A. 9008--A
CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES INCLUDE THE SALE OR
COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
USE ON A TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
TRAIN IN PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS
STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, city marshal,
school crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered nurse, licensed
practical nurse, public health sanitarian, New York city public health
sanitarian, sanitation enforcement agent, New York city sanitation work-
er, emergency medical service paramedic, or emergency medical service
technician, while such employee is performing an assigned duty on, or
directly related to, the operation of a train or bus, [including the]
cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
USE ON A TRAIN OR BUS, OR MAINTENANCE OF A TRAIN OR BUS STATION OR
TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
TRAIN IN PASSENGER SERVICE OR BUS WHILE ON THE ROAD, or such city
marshal, school crossing guard, traffic enforcement officer, traffic
enforcement agent, prosecutor as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered nurse, licensed
practical nurse, public health sanitarian, New York city public health
sanitarian, sanitation enforcement agent, New York city sanitation work-
er, emergency medical service paramedic, or emergency medical service
technician is performing an assigned duty; or
§ 2. Section 240.30 of the penal law is amended by adding a new subdi-
vision 3-a to read as follows:
3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR;
SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION CLEANER; TERMINAL
CLEANER; STATION CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES
INCLUDE THE SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
FARE PAYMENT MEDIA FOR USE ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL
DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROUBLESHOOTING,
TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND
SUBWAY TRACKS, TRANSIT STATION STRUCTURE, COMMUTER RAIL TRACKS OR
STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON
THE ROAD, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH
PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-
TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW
YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART M
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-c-1 to read as follows:
§ 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC RESTRICTIONS. (A)
S. 8008--A 30 A. 9008--A
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, THE CITY OF NEW YORK IS HEREBY AUTHORIZED
AND EMPOWERED TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE LOCAL LAWS
AND REGULATIONS OF THE CITY OF NEW YORK REGARDING BUS OPERATION-RELATED
TRAFFIC RESTRICTIONS. THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF
NEW YORK AND/OR AN APPLICABLE MASS TRANSIT AGENCY, SHALL OPERATE PHOTO
DEVICES THAT MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT
LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON
BUSES SELECTED BY THE APPLICABLE MASS TRANSIT AGENCY.
(B) ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSI-
BLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRAN-
SIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE
BUS PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH
BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF THE LOCAL
LAWS AND REGULATIONS RELATING TO BUS OPERATION TRAFFIC RESTRICTIONS, AND
IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE
IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED.
(C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A PHOTO DEVICE
PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT IMAGES PRODUCED BY SUCH PHOTO DEVICES SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF A VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE
ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER
CONTENTS OF A VEHICLE;
2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY PHOTO
DEVICES EXCEPT:
(I) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
PAYMENT OF PENALTIES;
(II) AS REQUIRED BY COURT ORDER;
(III) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE
WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
(IV) AS OTHERWISE REQUIRED BY LAW;
3. THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES STATING THAT MOBILE
AND STATIONARY PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
TO BUS OPERATION TRAFFIC RESTRICTIONS INCLUDING STOPPING, STANDING,
PARKING AND TURNING MOVEMENTS; AND
4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
(D) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST
SIXTY DAYS THAT PHOTO DEVICE ENFORCEMENT PURSUANT TO THIS SECTION IS
ACTIVE.
(E) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY APPLI-
CABLE BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC RESTRICTIONS
AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO
DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
S. 8008--A 31 A. 9008--A
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUCH APPLICA-
BLE LOCAL LAW OR REGULATION.
(F) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "PHOTO DEVICE" SHALL MEAN A MOBILE OR STATIONARY DEVICE THAT IS
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
AN APPLICABLE LOCAL LAW OR REGULATION.
3. "APPLICABLE BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC
RESTRICTIONS" SHALL MEAN THE RESTRICTIONS SET FORTH IN CHAPTER FOUR OF
TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK AFFECTING BUS
OPERATIONS INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 4-08(F)(4),
GENERAL NO STANDING ZONES, BUS LANES; 4-08(C)(3), VIOLATION OF POSTED NO
STANDING RULES PROHIBITED, BUS STOP; 4-08(F)(1), GENERAL NO STANDING
ZONES, DOUBLE PARKING; 4-08(K)(2), SPECIAL RULES FOR COMMERCIAL VEHI-
CLES, NO STANDING EXCEPT TRUCKS LOADING AND UNLOADING; 4-07(B)(1) AND
4-08(E)(11), STOPPING PROHIBITED; 4-08(E)(4), GENERAL NO STOPPING ZONES,
INTERSECTIONS; 4-08(E)(5), GENERAL NO STOPPING ZONES, CROSSWALKS;
4-08(E)(12), GENERAL NO STOPPING ZONES, OBSTRUCTING TRAFFIC AT INTER-
SECTION; AND 4-05 AND 4-07(H)(2), TURNS.
4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
ANY PERIOD OF TIME.
(G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE-
OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE, SHALL BE PRIMA FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE
LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
(H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A
PROVISION OF LOCAL LAW OR REGULATION OF THE CITY OF NEW YORK RELATING TO
STOPPING, STANDING, PARKING AND TURNING MOVEMENT VIOLATIONS PURSUANT TO
THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR A FIRST OFFENSE, ONE
HUNDRED DOLLARS FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE
HUNDRED FIFTY DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD,
TWO HUNDRED DOLLARS FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD,
AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A
TWELVE-MONTH PERIOD; AND PROVIDED, FURTHER, THAT AN OWNER SHALL BE
LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR
EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED TIME PERIOD.
(I) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
S. 8008--A 32 A. 9008--A
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION UNDER THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED IN SUCH RECORD OF MAILING.
2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN THE
NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION
NUMBER OF THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH
PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
MATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE
OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
THEREON.
4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE PREPARED
AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
(K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(L) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE UNDER THIS SUBDIVISION, IT SHALL BE SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK.
(M) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE FOR
THE VIOLATION OF AN APPLICABLE BUS OPERATION-RELATED LOCAL LAW OR REGU-
LATION TRAFFIC RESTRICTION, PROVIDED THAT:
(I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS FILED WITH THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK OF THE DATE AND TIME OF A
LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME
AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
TIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT
S. 8008--A 33 A. 9008--A
DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
LATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. FAILURE TO TIMELY
SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
PRESCRIBED IN THIS SECTION.
2. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH (I)
OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
(N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
CLE AT THE TIME OF SUCH VIOLATION.
(O) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF AN APPLICABLE LOCAL LAW
OR REGULATION.
(P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, WITHIN TWELVE MONTHS OF
OPERATION OF SUCH PHOTO DEVICES AND EVERY TWO YEARS THEREAFTER. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
WERE USED UNDER THIS SECTION;
2. THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
MONTHLY AND ANNUAL BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY UNDER THIS SECTION;
5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND ITS
RESULTS;
8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED UNDER THIS
SECTION; AND
9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY
PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION.
(Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF
NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO
BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY
TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
§ 2. The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by means of bus lane photo
devices, as amended by section 2 of part D of chapter 39 of the laws of
2019, is amended to read as follows:
This act shall take effect on the ninetieth day after it shall have
become a law [and shall expire 15 years after such effective date when
upon such date the provisions of this act shall be deemed repealed]; and
S. 8008--A 34 A. 9008--A
provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
§ 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART N
Section 1. Subdivision 3 of section 165.15 of the penal law is amended
to read as follows:
3. With intent to obtain railroad, subway, bus, air, taxi or any other
public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND
TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
avoid payment of the lawful charge OR TOLL for such transportation
service which has been rendered to him OR HER OR FOR SUCH USE OF ANY
TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
attempts to obtain such service OR TO USE ANY TOLL HIGHWAY, PARKWAY,
ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
NESS DISTRICT or avoids or attempts to avoid payment therefor by force,
intimidation, stealth, deception or mechanical tampering, or by unjusti-
fiable failure or refusal to pay; or
§ 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
traffic law, as amended by chapter 451 of the laws of 2021, is amended
and a new paragraph (c) is added to read as follows:
(b) (i) Number plates shall be kept clean and in a condition so as to
be easily readable and shall not be covered by glass or any plastic
material.
(ii) Number plates shall not be knowingly covered or coated with any
artificial or synthetic material or substance that conceals or obscures
such number plates or that distorts a recorded or photographic image of
such number plates.
(iii) The view of such number plates shall not be obstructed by any
part of the vehicle or by anything carried thereon[, except for a
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
S. 8008--A 35 A. 9008--A
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 451 of the laws of 2021, is amended to read as
follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:
(A) a violation of subparagraph (ii) or subparagraph (iii) of paragraph
(b) of subdivision one of this section shall be punishable by a fine of
not less than fifty nor more than three hundred dollars; AND (B) A
VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE
HUNDRED DOLLARS.
§ 4. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph d to read as follows:
D. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REGISTER, REREGISTER, RENEW,
REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
ER'S AGENT SHALL IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY
THE REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF
THE REGISTRATION FOR SUCH VEHICLE AND VEHICLE IDENTIFICATION NUMBER
UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE
COMMISSIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN
RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
TOLLING AUTHORITY. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS
PARAGRAPH, THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY
A REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
REGISTRATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION,
REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF REGISTRATION WILL
HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHI-
CLE IDENTIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT
UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE
COMMISSIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN
RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
TOLLING AUTHORITY.
§ 5. Subdivision 4-d of section 510 of the vehicle and traffic law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification
from a court or an administrative tribunal that an owner of a motor
S. 8008--A 36 A. 9008--A
vehicle failed to appear on the return date or dates or a new subsequent
adjourned date or dates or failed to pay any penalty imposed by a court
or failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision or decisions, in response
to [five] THREE or more notices of liability or other process, issued
within [an eighteen month] A FIVE YEAR period charging such owner with a
violation of toll collection regulations in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, the commissioner or his agent shall suspend the registration of
the vehicle or vehicles involved in the violation or the privilege of
operation of any motor vehicle owned by the registrant. Such suspension
shall take effect no less than thirty days from the date on which notice
thereof is sent by the commissioner to the person whose registration or
privilege is suspended and shall remain in effect until such registrant
has appeared in response to such notices of liability or has paid such
penalty or in the case of an administrative tribunal, the registrant has
complied with the rules and regulations following the entry of a final
decision or decisions.
§ 6. Section 1704-a of the vehicle and traffic law is amended by
adding a new subdivision 5 to read as follows:
5. (A) ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT, OR FALSIFIES
OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS OF THE CENTRAL BUSINESS
DISTRICT TOLLING PROGRAM, FOR THE PURPOSE OF FRAUDULENTLY OBTAINING AN
EXEMPTION FROM THE CENTRAL BUSINESS DISTRICT TOLL UNDER SUBDIVISION TWO
OF THIS SECTION FOR A QUALIFYING VEHICLE TRANSPORTING A PERSON WITH
DISABILITIES, SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL ALSO BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE
STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION.
(B) ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION THAT RESULTS IN A
PERSON RECEIVING EXEMPTIONS FROM CENTRAL BUSINESS DISTRICT TOLLS UNDER
SUBDIVISION TWO OF THIS SECTION FOR A QUALIFYING VEHICLE TRANSPORTING A
PERSON WITH DISABILITIES WITH A VALUE IN EXCESS OF ONE THOUSAND DOLLARS
MORE THAN THEY WOULD HAVE BEEN ENTITLED TO SHALL BE A CLASS E FELONY.
ANY SUCH VIOLATION THAT RESULTS IN A PERSON RECEIVING SUCH EXEMPTIONS
WITH A VALUE IN EXCESS OF FIVE THOUSAND DOLLARS MORE THAN THEY WOULD
HAVE BEEN ENTITLED TO SHALL BE A CLASS D FELONY.
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law.
PART O
Section 1. Section 5 of chapter 751 of the laws of 2005, amending the
insurance law and the vehicle and traffic law relating to establishing
the accident prevention course internet technology pilot program, as
amended by section 4 of part ZZ of chapter 58 of the laws of 2020, is
amended to read as follows:
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
1, [2022] 2024; provided that any rules and regulations necessary to
implement the provisions of this act on its effective date are author-
ized and directed to be completed on or before such date.
§ 2. This act shall take effect immediately.
PART P
S. 8008--A 37 A. 9008--A
Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003,
amending the vehicle and traffic law and other laws relating to increas-
ing certain motor vehicle transaction fees, as amended by section 1 of
part YY of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 13. This act shall take effect immediately; provided however that
sections one through seven of this act, the amendments to subdivision 2
of section 205 of the tax law made by section eight of this act, and
section nine of this act shall expire and be deemed repealed on April 1,
[2022] 2024; provided further, however, that the provisions of section
eleven of this act shall take effect April 1, 2004 and shall expire and
be deemed repealed on April 1, [2022] 2024.
§ 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
the state finance law relating to the costs of the department of motor
vehicles, as amended by section 2 of part YY of chapter 58 of the laws
of 2020, is amended to read as follows:
§ 2. This act shall take effect April 1, 2002; provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2002; provided further, however, that this act shall
expire and be deemed repealed on April 1, [2022] 2024.
§ 3. This act shall take effect immediately.
PART Q
Section 1. Subdivision 3 of section 491 of the vehicle and traffic
law, as added by section 1 of part H of chapter 58 of the laws of 2017,
is amended to read as follows:
3. Waiver of fee. The commissioner may waive the payment of fees
required by subdivision two of this section if the applicant is (A) AN
INCARCERATED INDIVIDUAL IN AN INSTITUTION UNDER THE JURISDICTION OF A
STATE DEPARTMENT OR AGENCY, OR (B) a victim of a crime and the identifi-
cation card applied for is a replacement for one that was lost or
destroyed as a result of the crime.
§ 2. This act shall take effect immediately.
PART R
Section 1. The civil rights law is amended by adding a new section
79-q to read as follows:
§ 79-Q. COLLECTION OF GENDER OR SEX DESIGNATION INFORMATION BY STATE
AGENCIES. 1. ALL NEW YORK STATE AGENCIES THAT COLLECT DEMOGRAPHIC INFOR-
MATION ABOUT A PERSON'S GENDER OR SEX SHALL MAKE AVAILABLE TO THE PERSON
AT THE POINT OF DATA COLLECTION AN OPTION TO MARK THEIR GENDER OR SEX AS
"X".
2. WHERE APPLICABLE FEDERAL LAW REQUIRES A STATE AGENCY TO COLLECT SEX
OR GENDER DATA AS EITHER "M" OR "F", THE STATE AGENCY SHALL CREATE A
SEPARATE FIELD FOR STATE PURPOSES SO THAT A PERSON HAS THE OPTION TO
MARK THEIR GENDER OR SEX AS "X" TO BE COLLECTED BY THE STATE.
3. ALL STATE AGENCIES SHALL UPDATE ANY APPLICABLE FORMS OR DATA
SYSTEMS BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE, EXCEPT THE DEPART-
MENT OF LABOR, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE
SERVICES, WHICH SHALL UPDATE ANY APPLICABLE FORMS OR DATA SYSTEMS BY
JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
S. 8008--A 38 A. 9008--A
4. A STATE AGENCY THAT CANNOT COMPLY WITH THE REQUIREMENTS OF THIS
SECTION SHALL POST PUBLICLY ON ITS WEBSITE A WRITTEN REPORT OF THE STEPS
THE AGENCY HAS TAKEN TO COMPLY WITH THIS SECTION AND THE TIME FRAME FOR
COMPLIANCE AT LEAST SIXTY DAYS BEFORE THE DATE REQUIRED BY THIS SECTION.
THE WRITTEN REPORT SHALL BE UPDATED EVERY SIX MONTHS FROM THE DATE OF
THE ORIGINAL POSTING.
§ 2. Subdivision 3 of section 62 of the civil rights law, as added by
chapter 158 of the laws of 2021, is amended to read as follows:
3. Except as provided in subdivisions one and two of this section, the
court shall not require any other pre-hearing notice. [The court shall
not condition the entry of an order on notice to any other party or to
any city, state or federal agency except by written order detailing the
court's reasoning for requiring such notice and showing cause why such
notice should be served.] Under no circumstances shall the court require
notice to United States immigration and customs enforcement, United
States customs and border protection, United States citizenship and
immigration services, or any successor agencies, or any agencies having
similar duties.
§ 3. This act shall take effect immediately.
PART S
Section 1. Paragraph (o) of subdivision 1 of section 96 of the public
officers law, as added by chapter 319 of the laws of 2014, is amended to
read as follows:
(o) to officers or employees of a public retirement system of the city
of New York if the information sought to be disclosed is necessary for
the receiving public retirement system to process benefits under the
retirement and social security law, the administrative code of the city
of New York, or the education law or any other applicable provision of
law. A written request or consent from the data subject pursuant to
paragraph (a) of this subdivision shall not be required for the disclo-
sure of records pursuant to this paragraph; OR
(P) TO OFFICERS OR EMPLOYEES OF THE UNITED STATES DEPARTMENT OF EDUCA-
TION FOR SUCH DEPARTMENT TO PROCESS CREDIT FOR QUALIFYING EMPLOYMENT AND
LOAN FORGIVENESS UNDER THE PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. A
WRITTEN REQUEST OR CONSENT FROM THE DATA SUBJECT PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION SHALL NOT BE REQUIRED FOR THE DISCLOSURE OF
RECORDS PURSUANT TO THIS PARAGRAPH.
§ 2. This act shall take effect immediately.
PART T
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part KK of chapter 57 of the laws of 2021, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2022] 2023 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 2. This act shall take effect immediately.
S. 8008--A 39 A. 9008--A
PART U
Section 1. Subparagraph 7 of paragraph b of subdivision 2 of section
970-r of the general municipal law, as amended by section 1 of part U of
chapter 58 of the laws of 2018, is amended to read as follows:
(7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
[and] SUPPORT JOB GROWTH, REDUCE GREENHOUSE GAS EMISSIONS, INCREASE
CLIMATE RESILIENCE, enhance community health and environmental condi-
tions, AND ACHIEVE ENVIRONMENTAL JUSTICE.
§ 2. Subparagraph 11 of paragraph d of subdivision 3 of section 970-r
of the general municipal law, as amended by section 1 of part U of chap-
ter 58 of the laws of 2018, is amended to read as follows:
(11) descriptions of possible remediation strategies, reuse opportu-
nities, brownfield redevelopment, necessary infrastructure improvements
and other public or private measures needed to stimulate investment,
promote revitalization, [and] SUPPORT JOB GROWTH, REDUCE GREENHOUSE GAS
EMISSIONS, INCREASE CLIMATE RESILIENCE, enhance community health and
environmental conditions, AND ACHIEVE ENVIRONMENTAL JUSTICE;
§ 3. Paragraph a of subdivision 3-a of section 970-r of the general
municipal law, as added by section 1 of part U of chapter 58 of the laws
of 2018, is amended to read as follows:
a. Within amounts appropriated therefor, the secretary is authorized
to provide, on a competitive basis, financial assistance to munici-
palities, to community based organizations, to community boards, or to
community based organizations acting in cooperation with a municipality,
to conduct predevelopment activities within a designated brownfield
opportunity area to advance the goals and priorities of the brownfield
opportunity area program set forth in the nomination of such area. Such
financial assistance shall not exceed ninety percent of the costs of
such activities. Activities eligible to receive such assistance shall
include: development and implementation of marketing strategies; devel-
opment of plans and specifications; real estate services; building
condition studies; infrastructure analyses; zoning and regulatory
updates; environmental, housing and economic studies, analyses and
reports; RENEWABLE ENERGY FEASIBILITY STUDIES, LEGAL AND FINANCIAL
SERVICES; IMPACT ANALYSES; DEMOLITION; SITE PREPARATION; ASBESTOS
REMOVAL; and public outreach.
§ 4. Paragraphs c, d, f, g, and h of subdivision 6 of section 970-r of
the general municipal law, as amended by section 1 of part U of chapter
58 of the laws of 2018, are amended to read as follows:
c. Brownfield site assessment activities eligible for funding include,
but are not limited to, testing of properties to determine the nature
and extent of the contamination (including soil and groundwater), envi-
ronmental assessments, the development of a proposed remediation strate-
gy to address any identified contamination, and any other activities
deemed appropriate by the [commissioner] SECRETARY OF STATE in consulta-
tion with the [secretary of state] COMMISSIONER. Any environmental
assessment shall be subject to the review and approval of such SECRETARY
IN CONSULTATION WITH SUCH commissioner.
d. Applications for such assistance shall be submitted to the [commis-
sioner] SECRETARY in a format, and containing such information, as
prescribed by the [commissioner] SECRETARY in consultation with the
[secretary of state] COMMISSIONER.
S. 8008--A 40 A. 9008--A
f. The [commissioner] SECRETARY, upon the receipt of an application
for such assistance from a community based organization not in cooper-
ation with the local government having jurisdiction over the proposed
brownfield opportunity area, shall request the municipal government to
review and state the municipal government's support or lack of support.
The municipal government's statement shall be considered a part of the
application.
g. Prior to making an award for assistance, the [commissioner] SECRE-
TARY shall notify the temporary president of the senate and the speaker
of the assembly.
h. Following notification to the applicant that assistance has been
awarded, and prior to disbursement of funds, a contract shall be
executed between the department and the applicant or co-applicants. The
[commissioner] SECRETARY OF STATE shall establish terms and conditions
for such contracts as the [commissioner] SECRETARY deems appropriate in
consultation with the [secretary of state] COMMISSIONER, including
provisions to define: applicant's work scope, work schedule, and deliv-
erables; fiscal reports on budgeted and actual use of funds expended;
and requirements for submission of a final fiscal report. The contract
shall also require the distribution of work products to the department,
and, for community based organizations, to the applicant's municipality.
Applicants shall be required to make the results publicly available.
Such contract shall further include a provision providing that if any
responsible party payments become available to the applicant, the amount
of such payments attributable to expenses paid by the award shall be
paid to the department by the applicant; provided that the applicant may
first apply such responsible party payments towards actual project costs
incurred by the applicant.
§ 5. Subdivision 8 of section 970-r of the general municipal law, as
amended by section 1 of part U of chapter 58 of the laws of 2018, is
amended to read as follows:
8. [Applications] COMMUNITY PARTICIPATION REQUIREMENTS. a. All appli-
cations FOR FINANCIAL ASSISTANCE for pre-nomination OR NOMINATION study
[assistance] or applications for designation of a brownfield opportunity
area shall demonstrate that the following community participation activ-
ities have been or will be performed by the applicant:
(1) identification of the interested public and preparation of a
contact list;
(2) identification of major issues of public concern;
(3) [public access to (i) the draft and final application for pre-no-
mination assistance and brownfield opportunity area designation, and
(ii) any supporting documents in a manner convenient to the public;
(4)] public notice and newspaper notice of (i) the intent of the muni-
cipality and/or community based organization to undertake a pre-nomina-
tion [process] OR NOMINATION STUDY or [prepare] APPLY FOR DESIGNATION OF
a brownfield opportunity area [plan], and (ii) the availability of such
application AND ANY SUPPORTING DOCUMENTS IN A MANNER CONVENIENT TO THE
PUBLIC.
b. Application for [nomination] DESIGNATION of a brownfield opportu-
nity area shall provide the following minimum community participation
activities:
(1) a comment period of at least thirty days on a draft [application]
NOMINATION;
(2) a public meeting on [a brownfield opportunity area draft] AN
application.
S. 8008--A 41 A. 9008--A
§ 6. Section 970-r of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
11. ALL APPLICANTS FOR FINANCIAL ASSISTANCE AND PARTICIPATION IN ANY
OTHER ACTIVITY AUTHORIZED UNDER THIS SECTION, AS DETERMINED BY THE
SECRETARY, MAY CONTRACT WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK IN USE OF SUCH FINANCIAL ASSISTANCE AND IN COMPLETION OF SUCH OTHER
ACTIVITIES THAT THE SECRETARY DETERMINES AND REQUIRES UNDER THIS
SECTION. THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IS AUTHORIZED
TO PROVIDE PLANNING, DESIGN AND CONSTRUCTION SERVICES AND TO CONTRACT
FOR AND RENDER ANY SUCH SERVICES THE SECRETARY DETERMINES AND REQUIRES
TO SUCH APPLICANTS UNDER THIS SECTION.
§ 7. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
APPLICANTS FOR FINANCIAL ASSISTANCE FOR PRE-NOMINATION OR NOMINATION
STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
OR SITE ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY
THE SECRETARY THAT HAS BEEN AWARDED PURSUANT TO SECTION NINE HUNDRED
SEVENTY-R OF THE GENERAL MUNICIPAL LAW, AS DETERMINED BY THE SECRETARY
AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
GENERAL MUNICIPAL LAW.
§ 8. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
APPLICANTS FOR FINANCIAL ASSISTANCE FOR PRE-NOMINATION OR NOMINATION
STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
OR SITE ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY
THE SECRETARY THAT HAS BEEN AWARDED PURSUANT TO SECTION NINE HUNDRED
SEVENTY-R OF THE GENERAL MUNICIPAL LAW, AS DETERMINED BY THE SECRETARY
AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
GENERAL MUNICIPAL LAW.
§ 9. This act shall take effect immediately.
PART V
Section 1. Paragraph (a) of subdivision 5-b of section 16 of the agri-
culture and markets law, as amended by chapter 530 of the laws of 2013,
is amended to read as follows:
(a) [Establish] ADMINISTER, in cooperation with the commissioner of
education, a farm-to-school program to facilitate and promote the
purchase of New York farm products by schools, universities and other
educational institutions [under the jurisdiction of the education
department] AND THE NATIONAL SCHOOL LUNCH ACT AND RELATED FOOD PROGRAMS.
The department shall solicit information from the education department
regarding school districts and other educational institutions interested
in purchasing New York farm products, including but not limited to, the
type and amount of such products schools wish to purchase and the name
of the appropriate contact person from the interested school district.
The department shall make this information readily available to inter-
ested New York farmers, farm organizations and businesses that market
New York farm products. The department shall provide information to the
education department and interested school districts and other educa-
tional institutions about the availability of New York farm products,
including but not limited to, the types and amount of products, and the
names and contact information of farmers, farm organizations and busi-
nesses marketing such products. The commissioner shall report to the
S. 8008--A 42 A. 9008--A
legislature on the need for changes in law to facilitate the purchases
of such products by schools and educational institutions.
The department shall also coordinate with the education department,
and school food service, education, health and nutrition, farm, and
other interested organizations in establishing a promotional event, to
be known as New York Harvest For New York Kids Week, in early October
each year, that will promote New York agriculture and foods to children
through school meal programs and the classroom, at farms and farmers'
markets and other locations in the community.
§ 2. Subdivision 32 of section 16 of the agriculture and markets law,
as added by chapter 297 of the laws of 1961, is amended to read as
follows:
32. Receive and disburse federal moneys allotted to the state by or
pursuant to the federal agricultural marketing act of nineteen hundred
forty-six as amended, or any other act of the congress making appropri-
ation for the allocation among the states for research into basic laws
and principles relating to agriculture [and], to improve and facilitate
the marketing and distribution of agricultural products, [and] OR for
any other purpose relating to agriculture or marketing agricultural
products; on behalf of the state, to adopt, execute and administer plans
AND PROGRAMS and to put into effect such measures as may be necessary
for SUCH research [into basic laws and principles], PLANS, OR PROGRAMS
relating to agriculture and to improve and facilitate the marketing and
distribution of agricultural products; on behalf of the state, to make
and execute such contracts, agreements, covenants or conditions, not
inconsistent with law, as may be necessary or required by any duly
constituted agency of the federal government as a condition precedent to
receiving such funds or in connection with such research; to cooperate
with all federal, state or local authorities, or other agencies, author-
ized under such acts of congress to carry out the purposes thereof; to
adopt and from time to time to amend such rules and regulations and to
prescribe such conditions, not inconsistent with law, as may be neces-
sary to make available to the people of the state the benefits afforded
by such acts of congress; and to enforce all the provisions of this
subdivision and the rules adopted pursuant hereto. The department of
taxation and finance is designated as custodian of all federal-aid funds
allotted to the state for the purposes of this subdivision by the United
States and such funds shall be payable only on the audit and warrant of
the comptroller on certificate of the commissioner as provided in
section one hundred ten of the state finance law.
§ 3. Paragraph (v) of subdivision c of section 1 of chapter 537 of the
laws of 1976, relating to paid, free and reduced price breakfast for
eligible pupils in certain school districts, as separately amended by
chapters 260 and 615 of the laws of 1993, is amended to read as follows:
(v) Any school not offering a breakfast program on the dates specified
in this section, which would be required under the provisions of para-
graph (i), (ii), (iii) or (iv) of this subdivision to implement such
program in September of the same year, may apply to the commissioner of
[education] AGRICULTURE AND MARKETS for an exemption from the provisions
of this act. Such an exemption shall not be granted by such commission-
er unless a school demonstrates with good cause: (1) that there is no
need for such breakfast program because of low enrollment or documented
projections of low participation or (2) that economic hardship or other
good cause makes the establishment of such a program impractical. Such
commissioner shall establish explicit good cause criteria in regulations
pursuant to this act and annually review the basis for such exemptions.
S. 8008--A 43 A. 9008--A
Such commissioner may also grant a waiver for up to one year from the
provisions of this subdivision to allow adequate time for planning and
implementation of a breakfast program
§ 4. Subdivisions d and e of section 1 of chapter 537 of the laws of
1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, are amended to read as follows:
d. In accordance with subsections (c) and (d) of section seventeen
hundred seventy-three of title forty-two of the United States Code and
derivative regulations, the commissioner of [education] AGRICULTURE AND
MARKETS shall determine which participating school facilities are finan-
cially unable to support the service of free and reduced price break-
fasts and therefore are considered "especially needy" school facilities.
Such school facilities subsequently shall be assigned the appropriate
increased "especially needy" per meal reimbursement calculated pursuant
to such code and regulations in support of the cost of free and reduced
price breakfasts.
e. In the provision of free and reduced price meals for the school
breakfast programs, the [state commissioner of education] COMMISSIONER
OF AGRICULTURE AND MARKETS shall prescribe maximum eligibility standards
permissible under section nine of the National School Lunch Act and
section four of the Child Nutrition Act.
§ 5. Section 3 of chapter 537 of the laws of 1976, relating to paid,
free and reduced price breakfast for eligible pupils in certain school
districts, is amended to read as follows:
§ 3. The [state commissioner of education] COMMISSIONER OF AGRICULTURE
AND MARKETS hereby is directed to request the bureau of school food
management to provide any additional information and assistance which
may be required by the schools and school districts to aid them in
developing and implementing the various school food programs.
§ 6. Subdivisions a, d and e of section 4 of chapter 537 of the laws
of 1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, as added by section 2 of part B of
chapter 56 of the laws of 2018, are amended to read as follows:
a. All public elementary or secondary schools in this state, not
including a charter school authorized by article 56 of the education
law, with at least seventy percent or more of its students eligible for
free or reduced-price meals under the federal National School Lunch
Program as determined by the [State Education Department] DEPARTMENT OF
AGRICULTURE AND MARKETS based upon data submitted by schools through the
basic educational data system (BEDS) AND PROVIDED BY THE STATE EDUCATION
DEPARTMENT TO THE DEPARTMENT OF AGRICULTURE AND MARKETS for the prior
school year AND, shall be required to offer all students a school break-
fast after the instructional day has begun.
d. Any school identified pursuant to this section may apply to the
commissioner of [education] AGRICULTURE AND MARKETS for a waiver from
establishing a school breakfast program after the instructional day has
begun. Such waiver may be granted by the commissioner of [education]
AGRICULTURE AND MARKETS upon the school demonstrating:
i. A lack of need for a school breakfast program after the instruc-
tional day has begun because of a successful existing breakfast program;
or
ii. Providing a school breakfast program after the instructional day
has begun would cause economic hardship for the school.
The commissioner of [education] AGRICULTURE AND MARKETS shall annually
review the basis for waivers granted to schools.
S. 8008--A 44 A. 9008--A
e. The [State Education Department] DEPARTMENT OF AGRICULTURE AND
MARKETS shall:
i. [on or before May 1, 2018] COMMENCING ON THE FIRST MAY 1 FOLLOWING
THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER THE PROGRAMS HEREIN,
and on or before May 1 of each year thereafter preceding each school
year, publish on its website a list of the public schools that meet the
requirements for operating such programs, and provide notification to
such schools;
ii. develop and distribute guidelines for the implementation of such
programs, which shall be in the compliance with all applicable federal
and state laws governing the School Breakfast Program;
iii. provide technical assistance relating to the implementation of
such program and submission of claims for reimbursement under the School
Breakfast Program; and
iv. [annually publish by December 2019] COMMENCING ON THE FIRST
DECEMBER 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER
THE PROGRAMS HEREIN, and each December thereafter, on its website infor-
mation relating to each school subject to this requirement, as well as
any other schools operating such program which are not subject to this
requirement, in the prior school year. Such information shall include,
but not be limited to: the school name, service delivery models imple-
mented, student enrollment, the free and reduced-price lunch percentage,
the average daily breakfast participation rate.
§ 7. Subdivisions a, b and c of section 5 of chapter 537 of the laws
of 1976, relating to paid, free and reduced price breakfast for eligible
pupils in certain school districts, as added by section 2 of part B of
chapter 56 of the laws of 2018, are amended to read as follows:
a. Notwithstanding any monetary limitations with respect to school
lunch programs contained in any law or regulation, for school lunch
meals served in the school year commencing [July 1, 2019 and] ON THE
FIRST JULY 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINIS-
TER THE PROGRAMS HEREIN AND each July 1 thereafter, a school food
authority shall be eligible for a lunch meal State subsidy of twenty-
five cents, which shall include any annual State subsidy received by
such school food authority under any other provision of State law, for
any school lunch meal served by such school food authority; provided
that the school food authority certifies to the [State Education Depart-
ment] DEPARTMENT OF AGRICULTURE AND MARKETS through the application
submitted pursuant to subdivision b of this section that such food
authority has purchased at least thirty percent of its total cost of
food products for its school lunch service program from New York state
farmers, growers, producers or processors in the preceding school year.
b. The [State Education Department, in cooperation with the] Depart-
ment of Agriculture and Markets[,] shall develop an application for
school food authorities to seek an additional State subsidy pursuant to
this section in a timeline and format prescribed by [the commissioner of
education] SUCH DEPARTMENT. Such application shall include, but not be
limited to, documentation demonstrating the school food authority's
total food purchases for its school lunch service program, and documen-
tation demonstrating its total food purchases and percentages for such
program from New York State farmers, growers, producers or processors in
the preceding school year. The application shall also include an attes-
tation from the school food authority's chief operating officer that it
purchased at least thirty percent of its total cost of food products for
its school lunch service program from New York State farmers, growers,
producers or processors in the preceding school year in order to meet
S. 8008--A 45 A. 9008--A
the requirements for this additional State subsidy. School food authori-
ties shall be required to annually apply for this subsidy.
c. [The State Education Department] COMMENCING ON THE FIRST SEPTEMBER
1 FOLLOWING THE DEPARTMENT OF AGRICULTURE AND MARKETS' RECEIPT OF
AUTHORITY TO ADMINISTER THE PROGRAMS HEREIN AND ON OR BEFORE EACH
SEPTEMBER 1 THEREAFTER, THE DEPARTMENT shall annually publish informa-
tion on its website [commencing on September 1, 2019 and each September
1 thereafter,] relating to each school food authority that applied for
and received this additional State subsidy, including but not limited
to: the school food authority name, student enrollment, average daily
lunch participation, total food costs for its school lunch service
program, total cost of food products for its school lunch service
program purchased from New York State farmers, growers, producers or
processors, and the percent of total food costs that were purchased from
New York State farmers, growers, producers or processors for its school
lunch service program.
§ 8. 1. Transfer of functions. All of the functions and powers
possessed by and the obligations and duties of the State Department of
Education in connection with the administration of the National School
Lunch Program and related programs are hereby transferred to the Depart-
ment of Agriculture and Markets.
2. Transfer of employees. (a) Upon the transfer of functions, powers,
duties and obligations of the State Department of Education's Child
Nutrition Program Administration relating to the National School Lunch
Program and related programs to the Department of Agriculture and
Markets pursuant to this section, provisions shall be made for the
transfer to the Department of Agriculture and Markets such employees of
the State Education Department who are substantially engaged in the
performance of the functions herein. Employees so transferred shall be
transferred without further examination or qualification and shall
retain their respective civil service classifications and status. For
the purpose of determining the employees holding permanent appointments
in competitive class positions to be transferred, such employees shall
be selected within each class of positions in the order of their
original appointment, with due regard to the right of preference in
retention of disabled and non-disabled veterans. Any such employee who,
at the time of such transfer, has a temporary or provisional appointment
shall be transferred subject to the same right of removal, examination
or termination as though such transfer had not been made. Employees
holding permanent appointments in competitive class positions who are
not transferred pursuant to this section shall have their names entered
upon an appropriate preferred list for reinstatement pursuant to the
civil service law.
(b) A transferred employee shall remain in the same collective
bargaining unit as was the case prior to his or her transfer; successor
employees to the positions held by such transferred employees shall,
consistent with the provisions of article fourteen of the civil service
law, be included in the same unit as their predecessors. Employees other
than management or confidential persons as defined in article fourteen
of the civil service law serving positions in newly created titles shall
be assigned to the appropriate bargaining unit. Nothing contained in
this section shall be construed to affect:
(i) the rights of employees pursuant to a collective bargaining agree-
ment;
S. 8008--A 46 A. 9008--A
(ii) the representational relationships among employee organizations
or the bargaining relationships between the state and an employee organ-
ization; or
(iii) existing law with respect to an application to the public
employment relations board; provided, however, that the merger of such
negotiating units of employees shall be effected only with the consent
of the recognized and certified representative of such units and of the
department of law.
§ 9. This act shall take effect on the one hundred eightieth day after
the Department of Agriculture and Markets is notified by the United
States Department of Agriculture of the approval of the authority of the
Department of Agriculture and Markets to administer the National School
Lunch Program, provided that the commissioner of the Department of Agri-
culture and Markets shall notify the legislative bill drafting commis-
sion upon receipt of approval from the United States Department of Agri-
culture of the authority of the Department of Agriculture and Markets to
administer the National School Lunch Program in order that the commis-
sion may maintain an accurate and timely effective database of the offi-
cial text of laws of the state of New York in furtherance of effecting
the provisions of section 44 of the legislative law and section 70-b of
the public officers law.
PART W
Section 1. Subdivisions 3, 5, 8 and 11 of section 400 of the general
business law, subdivisions 3 and 8 as added by chapter 509 of the laws
of 1992, subdivision 5 as amended by chapter 343 of the laws of 1998,
and subdivision 11 as added by chapter 80 of the laws of 2015, are
amended to read as follows:
3. "Licensee" means a person licensed pursuant to this article to
engage in the practice of [natural hair styling] WAXING, esthetics, nail
specialty or cosmetology, or to operate an appearance enhancement busi-
ness in which such practice, as herein defined, is provided to the
public, OR TO PROVIDE THE SERVICES OF A SALON ASSISTANT, AS HEREIN
DEFINED.
5. The [practice] SERVICES of ["natural hair styling"] "SALON ASSIST-
ANT" means providing for a fee, or any consideration or exchange, wheth-
er direct or indirect, any of the following services to the hair of a
human being: shampooing, arranging, dressing, [twisting, wrapping, weav-
ing, extending, locking or braiding] OR BLOW DRYING the hair [or beard]
by either hand or mechanical appliances, INCLUDING BUT NOT LIMITED TO,
CURLING IRONS AND MECHANICAL HAIR STRAIGHTENERS. Such practice shall not
include TWISTING, WRAPPING, WEAVING, EXTENDING, LOCKING, BRAIDING,
cutting, shaving or trimming hair except that such activities are
permissible to the extent that such activities are incidental to the
[practice] SERVICES of [natural hair styling] A SALON ASSISTANT. Such
[practice] SERVICES shall not include the application of dyes, reactive
chemicals, or other preparations to alter the color or to straighten,
curl, or alter the structure of the hair. [Techniques] NOTHING CONTAINED
IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE A LICENSE FOR SERVICES
which result in tension on hair roots such as certain types of braiding,
weaving, wrapping, AND locking [and extending of the hair may only be
performed by a natural hair styling or cosmetology licensee who has
successfully completed an approved course of study in such techniques],
OR INCIDENTAL SERVICES ATTENDED THERETO.
S. 8008--A 47 A. 9008--A
8. "Appearance enhancement business" means the business of providing
any or all of the services licensed pursuant to this article at a fixed
location. IN ADDITION, ANY BUSINESS WHICH OFFERS, DEMANDS, COLLECTS, OR
RECEIVES A FEE, OR ANY CONSIDERATION OR EXCHANGE, WHETHER DIRECT OR
INDIRECT, FOR ANY OF THE FOLLOWING SERVICES TO THE HAIR OF A HUMAN
BEING: SHAMPOOING, ARRANGING, DRESSING, TWISTING, WRAPPING, WEAVING,
EXTENDING, LOCKING OR BRAIDING THE HAIR OR BEARD BY EITHER HAND OR
MECHANICAL APPLIANCES SHALL ALSO BE REQUIRED TO OBTAIN A LICENSE PURSU-
ANT TO THIS ARTICLE.
11. "Trainee" means a person pursuing in good faith a course of study
[in the practice of nail specialty] TO BECOME A LICENSEE under the
tutelage, supervision and direction of a licensed [nail] practitioner OF
THE SAME LICENSE TYPE, AS HEREIN DEFINED. Such trainee shall be employed
by a licensed appearance enhancement business.
§ 2. Subdivisions 1 and 3 of section 401 of the general business law,
subdivision 1 as amended by chapter 80 of the laws of 2015, and subdivi-
sion 3 as amended by chapter 341 of the laws of 1998, are amended to
read as follows:
1. No person shall engage in the practice of nail specialty, waxing,
[natural hair styling,] esthetics or cosmetology, as defined in section
four hundred of this article, OR OFFER THE SERVICES OF A SALON ASSIST-
ANT, AS DEFINED IN SECTION FOUR HUNDRED OF THIS ARTICLE, without having
received a license to engage in such practice in the manner prescribed
in this article. No person shall act as a trainee or perform any service
as such unless he or she has obtained a certificate of registration
pursuant to this article.
3. A person licensed by any other state or country to practice nail
specialty, waxing, [natural hair styling,] esthetics or cosmetology, OR
WHO IS LICENSED TO OFFER THE SERVICES OF A SALON ASSISTANT, shall be
allowed to practice in New York state for three months or less within
any calendar year for the purpose of giving to, or receiving from,
persons who are licensed under this article training in current styles,
techniques or materials, provided however, that no such unlicensed
person may provide services to the public for any fee, or other compen-
sation, whether direct or indirect.
§ 3. Subdivision 1 of section 403 of the general business law, as
amended by chapter 339 of the laws of 2017, is amended to read as
follows:
1. There shall be established within the department an advisory
committee which shall consist of nine members broadly representative of
the appearance enhancement industry; including one person engaged in the
practice of either nail specialty or waxing; [two persons engaged in
natural hair styling; one of whom shall be knowledgeable in the practice
of styling techniques which place tension on the hair roots, and one of
whom shall ensure strict adherence to quality services for all clients
of all hair types, including, but not limited to, curl pattern, hair
strand thickness, and volume of hair;] one person engaged in esthetics;
[two] FOUR persons engaged in cosmetology; two persons engaged in train-
ing of persons for such practices and one person licensed as a dermatol-
ogist. The secretary shall appoint such persons to serve on the advisory
committee, provided, that two shall be appointed by the secretary on the
recommendation of the temporary president of the senate and two shall be
appointed by the secretary on the recommendation of the speaker of the
assembly. Each member of the committee shall be appointed for terms of
two years. Any member may be reappointed for additional terms. The
S. 8008--A 48 A. 9008--A
secretary shall designate from among the members of the committee a
chairperson who shall serve at the pleasure of the secretary.
§ 4. Section 404 of the general business law, as amended by chapter 80
of the laws of 2015, is amended to read as follows:
§ 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards for practice and operation by
licensees and trainees under this article in order to ensure the health,
safety and welfare of the public including licensees and trainees when
they are working within such establishments. Such rules and regulations
shall include, but not be limited to, the sanitary conditions and proce-
dures required to be maintained, a minimum standard of training appro-
priate to the duties of nail specialists, trainees, waxers, [natural
hair stylists] SALON ASSISTANTS, estheticians, and cosmetologists and
the provision of service by nail specialists, trainees, waxers, [natural
hair stylists] SALON ASSISTANTS, estheticians or cosmetologists at
remote locations other than the licensee's home provided that such prac-
titioner holds an appearance enhancement business license to operate at
a fixed location or is employed by the holder of an appearance enhance-
ment business license. Regulations setting forth the educational
requirements for nail specialists and trainees shall include education
in the area of causes of infection and bacteriology. In promulgating
such rules and regulations the secretary shall consult with the state
education department, the advisory committee established pursuant to
this article, any other state agencies and private industry represen-
tatives as may be appropriate in determining minimum training require-
ments.
§ 5. Paragraphs a and f of subdivision 1, subdivision 2 and paragraph
b of subdivision 4 of section 406 of the general business law, paragraph
a of subdivision 1, subdivision 2 and paragraph b of subdivision 4 as
amended by chapter 341 of the laws of 1998, paragraph f of subdivision 1
as added by chapter 80 of the laws of 2015, and paragraph c of subdivi-
sion 2 as amended by section 3 of part D of chapter 328 of the laws of
2014, are amended to read as follows:
a. Any person intending to practice nail specialty, waxing, [natural
hair styling,] esthetics or cosmetology as defined in this article, or
to own or operate an appearance enhancement business, OR TO OFFER
SERVICES AS A SALON ASSISTANT OR TO PRACTICE AS A TRAINEE, shall first
make application to the secretary for a license therefor.
f. Notwithstanding the educational requirements of this section, a
trainee may [obtain a license to practice nail specialty] SUBMIT AN
APPLICATION TO BECOME A LICENSEE if such trainee provides satisfactory
evidence to the secretary that such trainee has been actively engaged in
a traineeship for a period of one year and has completed a course of
study set forth by the secretary. Such course of study may be delivered
by electronic means.
2. a. Any person seventeen years of age or older may apply to the
secretary for a license to practice nail specialty, waxing, [natural
hair styling,] esthetics or cosmetology, OR TO OFFER SERVICES AS A SALON
ASSISTANT, OR TO PRACTICE AS A TRAINEE.
b. Each such application shall also be accompanied by satisfactory
evidence of having taken and passed the appropriate examination or exam-
inations offered by the secretary pursuant to this article for the
license sought and evidence of the successful completion of an approved
course of study in nail specialty, waxing, [natural hair styling] SALON
ASSISTANT SERVICES, esthetics or cosmetology in a school duly licensed
pursuant to the education law.
S. 8008--A 49 A. 9008--A
c. Any applicant for a license to practice nail specialty, waxing,
[natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
or cosmetology may submit satisfactory evidence of licensure to practice
an equivalent occupation issued by any other state, territory, protec-
torate or dependency of the United States or any other country in lieu
of the evidence of schooling and examination required by this subdivi-
sion, provided that such license was granted in compliance with stand-
ards which were, in the judgment of the secretary, not lower than those
of this state and provided that such state, territory, protectorate,
dependency, or country extends similar reciprocity to the licensees of
this state, or the applicant practiced an equivalent occupation in such
state, territory, protectorate, dependency or country for a minimum of
five years, or the applicant is a member of the household of a member of
the armed forces of the United States, national guard or reserves and
was a member of such household before such member relocated to the
state.
d. Notwithstanding the educational requirements of this section and
the testing requirements of this section, an applicant who otherwise has
met the licensing requirements of this article for a nail specialist,
waxer, [natural hair stylist,] esthetician or cosmetologist who shall
provide satisfactory evidence he or she has been actively and contin-
uously engaged in the practice of nail specialty, waxing, [natural hair
styling,] esthetics or cosmetology for at least one year prior to the
effective date of this article, may be issued a license for nail
specialty, waxing, [natural hair styling,] esthetics or cosmetology
pursuant to this article. Notwithstanding the educational and testing
requirements of this section, a person licensed to practice barbering
under article twenty-eight of this chapter who otherwise has met the
licensing requirements of this article may be issued a license to [prac-
tice natural hairstyling] PROVIDE SALON ASSISTANT SERVICES. Other than
applicants licensed under article twenty-eight of this chapter, those
persons who apply after a twelve month period from the effective date of
this article will be required to provide evidence of training and to
take the examination or examinations as required for other licenses
pursuant to this article.
e. Upon acceptance by the secretary of a proper application for an
operator's license to practice nail [speciality] SPECIALTY, waxing,
[natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
or cosmetology, the secretary may issue a temporary operator's license
which shall expire six months from issuance. Upon good cause shown, the
secretary may renew a temporary operator's license for one additional
six-month period upon filing the appropriate application and fee.
b. In the case of persons who are called to active military service
and will be discharged from active military service, the period of two
years specified in paragraph d of subdivision two of this section need
not be continuous. The length of time such person was engaged in the
practice of nail specialty, waxing, [natural hair styling,] esthetics or
cosmetology, OR TO PROVIDE SALON ASSISTANT SERVICES, before entering
active military service may be added to any period of time during which
such person was or is engaged in the practice of nail specialty, waxing,
[natural hair styling,] esthetics or cosmetology after the termination
of active military service.
§ 6. Subdivision 1 of section 407 of the general business law, as
amended by section 1 of chapter 255 of the laws of 1999, is amended to
read as follows:
S. 8008--A 50 A. 9008--A
1. The examinations for the license to practice [natural hair styl-
ing,] esthetics, nail specialty and cosmetology shall be practical and
written. The examinations for the license to practice waxing shall be
limited to a written examination only. THE EXAMINATIONS TO PROVIDE SALON
ASSISTANT SERVICES SHALL BE LIMITED TO A PRACTICAL EXAMINATION ONLY. The
secretary shall determine reasonable standards of performance for each
license and shall evaluate the prospective applicants and applicants on
the basis of such standards. The objectives of the examinations shall be
to insure that prospective applicants and applicants have sufficient
basic skills to safeguard the health and safety of the public and to
insure that prospective applicants and applicants have attained adequate
levels of skill to competently engage in the activities authorized by
the license.
§ 7. Subdivision 1 of section 409 of the general business law, as
amended by section 2 of part Y of chapter 60 of the laws of 2011, is
amended to read as follows:
1. The non-refundable fee for an application for a license to engage
in the practice of nail specialty, waxing, [natural hair styling,]
esthetics or cosmetology, shall be forty dollars initially and for each
renewal thereof the fee shall be forty dollars; the fee for a temporary
license and each renewal shall be ten dollars.
§ 8. Paragraph a of subdivision 2 of section 410 of the general busi-
ness law, as amended by chapter 80 of the laws of 2015, is amended to
read as follows:
a. The secretary may issue an order directing the cessation of any
activity related to nail specialty, waxing, [natural hair styling,]
esthetics or cosmetology, OR TO SERVICES RELATING TO SALON ASSISTANTS,
for which a license is required by this article upon a determination
that a person, partnership, limited liability company or business corpo-
ration, engaging in the business or occupation of, or holding himself,
herself or itself out as or acted, temporarily or otherwise, as a nail
specialist, [natural hair stylist] SALON ASSISTANT, esthetician or
cosmetologist within this state without a valid license being in effect.
The secretary shall, before making such determination and order, afford
such person, partnership, limited liability company or business corpo-
ration an opportunity to be heard in person or by counsel in reference
thereto in an adjudicatory proceeding held pursuant to section four
hundred eleven of this article as applicable.
§ 9. Subdivision 1 of section 412 of the general business law, as
amended by chapter 80 of the laws of 2015, is amended to read as
follows:
1. The practice of nail specialty, waxing, [natural hair styling,]
esthetics or cosmetology, OR PROVIDING SALON ASSISTANT SERVICES, without
a license or while under suspension or revocation, or in violation of an
order directing the cessation of unlicensed activity issued by the
secretary pursuant to section four hundred ten or four hundred eleven of
this article, is a violation and is subject to a civil penalty of up to
five hundred dollars for the first violation; one thousand dollars for a
second such violation; and two thousand five hundred dollars for a third
violation and any subsequent violation.
§ 10. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation by the secretary of
state necessary for the implementation of this act on its effective date
are authorized to be made and completed on or before such effective
date.
S. 8008--A 51 A. 9008--A
PART X
Section 1. Notwithstanding any other provision of law to the contrary,
any person who is licensed or certified as a physician, physician's
assistant, massage therapist, physical therapist, chiropractor, dentist,
optometrist, nurse, nurse practitioner, emergency medical technician,
podiatrist or athletic trainer by a foreign government may provide
professional services within this state without first being licensed
pursuant to the provisions of title 8 of the education law or certified
pursuant to the provisions in the public health law, as may be applica-
ble, to the team athletes, coaches, staff and delegations originating
from such foreign government, in connection with the Winter World
University Games, Lake Placid 2023. Such services shall be limited to
athletes and personnel in relation to the Winter World University Games,
Lake Placid 2023, between the dates of January 5, 2023 and January 25,
2023.
§ 2. Any person who is licensed or certified to practice as a physi-
cian, physician's assistant, massage therapist, physical therapist,
chiropractor, dentist, optometrist, nurse, nurse practitioner, emergency
medical technician, podiatrist or athletic trainer in another state or
territory, who is in good standing in such state or territory, and who
has been appointed by the Adirondack North Country Sports Council to
provide professional services at an event in this state sanctioned by
the Adirondack North Country Sports Council, may provide such profes-
sional services to team athletes, coaches, staff and delegations from
such state or territory registered to train at a location in this state
or registered to compete in an event conducted under the sanction of the
Adirondack North Country Sports Council in this state without first
being licensed pursuant to the provisions of title 8 of the education
law or certified pursuant to the provisions of the public health law, as
may be applicable. Such services shall be limited to team athletes,
coaches, staff and delegations in relation to the Winter World Universi-
ty Games, Lake Placid 2023, between the dates of January 5, 2023 and
January 25, 2023.
§ 3. This act shall take effect January 5, 2023 and shall expire and
be deemed repealed January 25, 2023.
PART Y
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 J of chapter 58 of the laws of 2021, 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, [2022] 2025, 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 Z
S. 8008--A 52 A. 9008--A
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 K of chapter 58 of the
laws of 2021, 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, [2022] 2025.
§ 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 AA
Section 1. Section 17 of part F of chapter 60 of the laws of 2015
constituting the infrastructure investment act, as amended by section 7
of part DD of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 17. This act shall take effect immediately and shall expire and be
deemed repealed December 31, [2022] 2027, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal.
§ 2. Section 14 of chapter 749 of the laws of 2019 authorizing, for
certain public works undertaken pursuant to project labor agreements,
use of the alternative delivery method known as design-build contracts,
is amended to read as follows:
§ 14. This act shall take effect immediately and shall expire and be
deemed repealed [three] EIGHT years after such date, provided that,
public works with requests for qualifications issued prior to such
repeal shall be permitted to continue under this act notwithstanding
such repeal.
§ 3. This act shall take effect immediately.
PART BB
Section 1. Subparagraph 6 of paragraph (g) of subdivision 11 of
section 213 of the state finance law, as added by section 1 of part HH
of chapter 59 of the laws of 2013, is amended and a new paragraph (h) is
added to read as follows:
(6) small scale systems integration and packaging[.]; OR
(H) A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.
§ 2. Paragraph (e) of subdivision 12 of section 213 of the state
finance law, as added by chapter 705 of the laws of 1993, is amended and
a new paragraph (f) is added to read as follows:
(e) for certified minority-and women-owned businesses, projects to
provide financing necessary to carry out a procurement contract with an
agency or authority or other entity of the state or federal govern-
ment[.]; OR
(F) PROJECTS IN WHICH COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
MAKE LOANS.
§ 3. Section 213 of the state finance law is amended by adding a new
subdivision 25 to read as follows:
25. "COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION" MEANS AN ORGANIZA-
TION AS DEFINED IN 12 U.S.C. 4702(5)(A).
§ 4. This act shall take effect immediately.
PART CC
S. 8008--A 53 A. 9008--A
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 16-gg to read as follows:
§ 16-GG. SMALL BUSINESS SEED FUNDING GRANT PROGRAM. 1. DEFINITIONS.
AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A)"SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH IS RESIDENT IN THIS
STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND
EMPLOYS ONE HUNDRED OR LESS PERSONS, WAS STARTED ON MARCH 1, 2019 OR
LATER AND HAS BEEN OPERATIONAL FOR A MINIMUM OF SIX MONTHS PRIOR TO
APPLICATION.
(B)"MICRO-BUSINESS" SHALL MEAN A BUSINESS WHICH IS A RESIDENT IN THIS
STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND
EMPLOYS TEN OR LESS PERSONS.
(C)"THE PROGRAM" SHALL MEAN THE SMALL BUSINESS SEED FUNDING GRANT
PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(D)"APPLICANT" SHALL MEAN A SMALL BUSINESS OR FOR-PROFIT INDEPENDENT
ARTS AND CULTURAL ORGANIZATION SUBMITTING AN APPLICATION FOR A GRANT
AWARD TO THE PROGRAM.
2. SMALL BUSINESS SEED FUNDING GRANT PROGRAM ESTABLISHED. THE SMALL
BUSINESS SEED FUNDING GRANT PROGRAM IS HEREBY CREATED TO PROVIDE ASSIST-
ANCE TO EARLY-STAGE SMALL BUSINESSES TO SUCCEED IN A RECOVERING NEW YORK
STATE ECONOMY.
3. AUTHORIZATION. THE CORPORATION IS HEREBY AUTHORIZED, USING AVAIL-
ABLE FUNDS, TO ISSUE GRANTS AND PROVIDE TECHNICAL ASSISTANCE AND
OUTREACH TO SMALL BUSINESSES AND TECHNICAL ASSISTANCE PARTNERS FOR THE
PURPOSE OF AIDING THE RECOVERY OF THE NEW YORK STATE ECONOMY, AND MAY
PROMULGATE GUIDELINES TO EFFECTUATE THE PURPOSES HEREIN.
4. SELECTION CRITERIA AND APPLICATION PROCESS. (A) IN ORDER TO BE
ELIGIBLE FOR A GRANT OR ADDITIONAL FORM OF SUPPORT UNDER THE PROGRAM, AN
ELIGIBLE SMALL BUSINESS SHALL:
(I) BE INCORPORATED IN NEW YORK STATE OR LICENSED OR REGISTERED TO DO
BUSINESS IN NEW YORK STATE AND MUST BE RESIDENT IN THE STATE OF NEW
YORK;
(II) BE A CURRENTLY VIABLE SMALL BUSINESS THAT STARTED BUSINESS ON
MARCH 1, 2019 OR LATER AND HAS BEEN OPERATIONAL FOR AT LEAST SIX MONTHS
BEFORE APPLICATION;
(III) HAVE BETWEEN FIVE THOUSAND AND ONE MILLION DOLLARS IN GROSS
RECEIPTS OR BE ABLE TO DEMONSTRATE TEN THOUSAND DOLLARS IN BUSINESS
EXPENSES;
(IV) BE IN SUBSTANTIAL COMPLIANCE WITH APPLICABLE FEDERAL, STATE AND
LOCAL LAWS, REGULATIONS, CODES AND REQUIREMENTS; AND
(V) NOT OWE ANY FEDERAL, STATE OR LOCAL TAXES, OR HAVE AN APPROVED
REPAYMENT, DEFERRAL PLAN, OR AGREEMENT WITH APPROPRIATE FEDERAL, STATE,
AND LOCAL TAXING AUTHORITIES.
(B) GRANTS AWARDED FROM THIS PROGRAM SHALL BE AVAILABLE TO ELIGIBLE
MICRO-BUSINESSES AND SMALL BUSINESSES THAT DO NOT QUALIFY FOR BUSINESS
ASSISTANCE GRANT PROGRAMS UNDER THE FEDERAL AMERICAN RESCUE PLAN ACT OF
2021 OR ANY OTHER AVAILABLE FEDERAL COVID-19 ECONOMIC RECOVERY OR BUSI-
NESS ASSISTANCE GRANT PROGRAMS, INCLUDING LOANS FORGIVEN UNDER THE
FEDERAL PAYCHECK PROTECTION PROGRAM, OR ARE UNABLE TO OBTAIN SUFFICIENT
BUSINESS ASSISTANCE FROM SUCH FEDERAL PROGRAMS, WITH PRIORITY GIVEN TO
SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS OWNERS INCLUDING, BUT
NOT LIMITED TO, MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, SERVICE-
DISABLED VETERAN-OWNED BUSINESSES, AND VETERAN-OWNED BUSINESSES, OR
S. 8008--A 54 A. 9008--A
BUSINESSES LOCATED IN COMMUNITIES THAT WERE ECONOMICALLY DISTRESSED
PRIOR TO MARCH 1, 2020, AS DETERMINED BY THE MOST RECENT CENSUS DATA.
5. ELIGIBLE COSTS. (A) ELIGIBLE COSTS CONSIDERED FOR MICRO-BUSINESSES
AND SMALL BUSINESSES UNDER THIS PROGRAM MUST HAVE BEEN INCURRED BETWEEN
MARCH 1, 2019 AND JANUARY 1, 2022.
(B) (I) THE FOLLOWING COSTS INCURRED BY A MICRO-BUSINESS AND SMALL
BUSINESSES, SHALL BE CONSIDERED ELIGIBLE UNDER THE PROGRAM AT A MINIMUM:
PAYROLL COSTS; COSTS OF RENT OR MORTGAGE AS PROVIDED FOR IN SUBPARAGRAPH
(II) OF THIS PARAGRAPH; COSTS OF REPAYMENT OF LOCAL PROPERTY OR SCHOOL
TAXES ASSOCIATED WITH SUCH SMALL BUSINESS'S LOCATION AS PROVIDED FOR IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH; INSURANCE COSTS; UTILITY COSTS;
COSTS OF PERSONAL PROTECTION EQUIPMENT (PPE) NECESSARY TO PROTECT WORKER
AND CONSUMER HEALTH AND SAFETY; HEATING, VENTILATION, AND AIR CONDITION-
ING (HVAC) COSTS, OR OTHER MACHINERY OR EQUIPMENT COSTS, OR SUPPLIES AND
MATERIALS NECESSARY FOR COMPLIANCE WITH COVID-19 HEALTH AND SAFETY
PROTOCOLS, AND OTHER DOCUMENTED COVID-19 COSTS AS APPROVED BY THE CORPO-
RATION.
(II) MORTGAGE PAYMENTS OR COMMERCIAL RENT SHALL BE CONSIDERED ELIGIBLE
COSTS.
(III) PAYMENT OF LOCAL PROPERTY TAXES AND SCHOOL TAXES SHALL BE
CONSIDERED ELIGIBLE COSTS.
(C) GRANTS AWARDED UNDER THE PROGRAM SHALL NOT BE USED TO RE-PAY OR
PAY DOWN ANY PORTION OF A LOAN OBTAINED THROUGH A FEDERAL CORONAVIRUS
RELIEF PACKAGE FOR BUSINESS ASSISTANCE OR ANY NEW YORK STATE BUSINESS
ASSISTANCE PROGRAMS.
6. APPLICATION AND APPROVAL PROCESS. (A) AN ELIGIBLE MICRO-BUSINESS,
SMALL BUSINESS SHALL SUBMIT A COMPLETE APPLICATION IN A FORM AND MANNER
PRESCRIBED BY THE CORPORATION.
(B) THE CORPORATION SHALL ESTABLISH THE PROCEDURES AND TIME PERIOD FOR
MICRO-BUSINESSES AND SMALL BUSINESSES TO SUBMIT APPLICATIONS TO THE
PROGRAM. AS PART OF THE APPLICATION EACH MICRO-BUSINESS AND SMALL BUSI-
NESS SHALL PROVIDE SUFFICIENT DOCUMENTATION IN A MANNER PRESCRIBED BY
THE CORPORATION TO DEMONSTRATE HARDSHIP, AND PREVENT FRAUD, WASTE, AND
ABUSE.
7. TECHNICAL ASSISTANCE AND OUTREACH. THE CORPORATION MAY OFFER OR
MAKE AVAILABLE TO ALL APPLICANTS, REGARDLESS OF APPROVAL STATUS, DIRECT
OR INDIRECT ACCESS TO FINANCIAL AND BUSINESS PLANNING, LEGAL CONSULTA-
TION, LANGUAGE ASSISTANCE SERVICES, MENTORING SERVICES FOR POST-PANDEMIC
PLANNING, REOPENING PLANNING ASSISTANCE AND OTHER ASSISTANCE AND SUPPORT
AS DETERMINED BY THE CORPORATION. ASSISTANCE, SUPPORT, OUTREACH AND
OTHER SERVICES MAY BE PROVIDED BY OR THROUGH PARTNER ORGANIZATIONS,
INCLUDING BUT NOT LIMITED TO CHAMBERS OF COMMERCE, LOCAL BUSINESS DEVEL-
OPMENT CORPORATIONS, TRADE ASSOCIATIONS AND OTHER COMMUNITY ORGANIZA-
TIONS THAT HAVE EXPERTISE AND BACKGROUND IN PROVIDING TECHNICAL ASSIST-
ANCE, AT THE DISCRETION OF THE CORPORATION.
§ 2. This act shall take effect immediately.
PART DD
Section 1. Section 2 of chapter 584 of the laws of 2011, amending the
public authorities law relating to the powers and duties of the dormito-
ry authority of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part CC of
chapter 58 of the laws of 2020, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2022] 2025; provided however, that the expi-
S. 8008--A 55 A. 9008--A
ration of this act shall not impair or otherwise affect any of the
powers, duties, responsibilities, functions, rights or liabilities of
any subsidiary duly created pursuant to subdivision twenty-five of
section 1678 of the public authorities law prior to such expiration.
§ 2. This act shall take effect immediately.
PART EE
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY NOT-FOR-PROFIT CORPORATION OR COLLABORATION OF NOT-FOR-PROFIT
CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED TO
PHYSICAL INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE MILLION
DOLLARS. FOR THE PURPOSES OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPORATION"
SHALL MEAN A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN CORPORATION AS
DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION
LAW. ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS THE REQUISITE
CREDIT STANDING TO SECURE SUCH FUNDING IN THE PRIVATE OR PUBLIC CAPITAL
MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORITY PURSUANT TO
SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY NOT-FOR-PROFIT CORPORATION OR COLLABORATION OF NOT-FOR-PROFIT
CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED TO
PHYSICAL INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE MILLION
DOLLARS. FOR THE PURPOSES OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPO-
RATION" SHALL MEAN A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN CORPO-
RATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE NOT-FOR-PROFIT
CORPORATION LAW. ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS THE
REQUISITE CREDIT STANDING TO SECURE SUCH FUNDING IN THE PRIVATE OR
PUBLIC CAPITAL MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORI-
TY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
§ 3. 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.
§ 4. This act shall take effect immediately.
PART FF
Section 1. Section 1678 of the public authorities law is amended by
adding a new subdivision 30 to read as follows:
30. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
WHEN AWARDING A CONTRACT FOR PUBLIC WORK, THE AUTHORITY MAY ESTABLISH
GUIDELINES GOVERNING THE QUALIFICATIONS OF BIDDERS SEEKING TO BID OR
ENTER INTO SUCH CONTRACTS. IF THE AUTHORITY MAINTAINS AN APPROPRIATE
LIST OF QUALIFIED BIDDERS, THE BIDDING SHALL BE RESTRICTED TO THOSE WHO
HAVE QUALIFIED PRIOR TO THE RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED
BY THE AUTHORITY. IN DETERMINING WHETHER A PROSPECTIVE BIDDER QUALIFIES
FOR INCLUSION ON A LIST OF PREQUALIFIED BIDDERS, THE AUTHORITY SHALL
CONSIDER THE EXPERIENCE AND RECORD OF PERFORMANCE OF THE PROSPECTIVE
BIDDER IN THE PARTICULAR TYPE OF WORK, AS WELL AS: (I) THE PROSPECTIVE
BIDDER'S ABILITY TO UNDERTAKE THE PARTICULAR TYPE AND COMPLEXITY OF
WORK; (II) THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABILITY OF
THE PROSPECTIVE BIDDER FOR SUCH TYPE AND COMPLEXITY OF WORK; (III) THE
RECORD OF THE PROSPECTIVE BIDDER IN COMPLYING WITH EXISTING LABOR STAND-
S. 8008--A 56 A. 9008--A
ARDS AND MAINTAINING HARMONIOUS LABOR RELATIONS; (IV) THE PROSPECTIVE
BIDDER'S COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS AND
ANTI-DISCRIMINATION LAWS, AND DEMONSTRATED COMMITMENT TO WORKING WITH
MINORITY AND WOMEN-OWNED BUSINESSES THROUGH JOINT VENTURES OR SUBCON-
TRACTOR RELATIONSHIPS; AND (V) THE RECORD OF THE PROSPECTIVE BIDDER IN
PROTECTING THE HEALTH AND SAFETY OF WORKERS ON PUBLIC WORKS PROJECTS AND
JOB SITES AS DEMONSTRATED BY THE PROSPECTIVE BIDDER'S EXPERIENCE MODIFI-
CATION RATE FOR EACH OF THE LAST THREE YEARS.
(B) THE AUTHORITY SHALL, NOT LESS THAN ANNUALLY, PUBLISH IN A NEWSPA-
PER OF GENERAL CIRCULATION OR POST IN THE NEW YORK STATE CONTRACT REPOR-
TER AN ADVERTISEMENT REQUESTING PROSPECTIVE BIDDERS TO SUBMIT QUALIFICA-
TION STATEMENTS. LISTS OF PREQUALIFIED BIDDERS MAY BE ESTABLISHED ON A
PROJECT-SPECIFIC BASIS. PREQUALIFIED LISTS SHALL INCLUDE ALL BIDDERS
THAT QUALIFY; PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE NO LESS
THAN FIVE BIDDERS BUT SHALL REMAIN OPEN FOR ALL ADDITIONAL QUALIFIED
BIDDERS. THE AUTHORITY'S PROCEDURES FOR PREQUALIFYING BIDDERS SHALL
INCLUDE AN APPEALS PROCESS FOR THOSE DENIED A PLACE ON A PREQUALIFIED
LIST. ANY DENIAL MUST BE BASED UPON SUBSTANTIAL EVIDENCE, CANNOT BE
ARBITRARY OR CAPACIOUS, AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE
AUTHORITY MAY MOVE FORWARD ON THE CONTRACT AWARD DURING SUCH APPEALS.
§ 2. This act shall take effect immediately.
PART GG
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding a new undesignated paragraph
to read as follows:
ANY RECIPIENT OF LOANS OR GRANTS AWARDED PURSUANT TO THE DOWNTOWN
REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF STATE
AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
§ 2. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
ANY RECIPIENT OF LOANS OR GRANTS AWARDED PURSUANT TO THE DOWNTOWN
REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF STATE
AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
§ 3. This act shall take effect immediately.
PART HH
Section 1. Section 1678 of the public authorities law is amended by
adding a new subdivision 30 to read as follows:
30. TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT WITH
ANY STATE AUTHORITY, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE TO BE
PLANNED, DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED, IMPROVED,
FURNISHED, OR EQUIPPED FOR SUCH STATE AUTHORITY. ANY SUCH DESIGN AND
CONSTRUCTION MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO THIS SUBDIVI-
SION SHALL PROVIDE FOR THE FOLLOWING; THE SCOPE OF DESIGN AND
CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED, THE FEES TO BE CHARGED
BY THE DORMITORY AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
DESIGN-BUILD CONTRACT AS DEFINED IN PART F OF CHAPTER FIFTY-SIX OF THE
LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO THIS SUBDIVI-
SION EXCEPT IF THE STATE AUTHORITY IS OTHERWISE AUTHORIZED TO UTILIZE A
DESIGN-BUILD CONTRACT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM
S. 8008--A 57 A. 9008--A
"STATE AUTHORITY" SHALL HAVE THE SAME MEANING AS DEFINED PURSUANT TO
SECTION TWO OF THIS CHAPTER.
§ 2. This act shall take effect immediately.
PART II
Section 1. Section 99-ii of the state finance law is amended by adding
a new subdivision 2-a to read as follows:
2-A. REVENUES DEPOSITED INTO THIS FUND PURSUANT TO SECTION FIFTEEN OF
THE CANNABIS LAW SHALL FIRST BE USED TO REIMBURSE THE STATE FOR ANY
FUNDS DEPOSITED INTO THIS FUND FROM THE STATE GENERAL FUND AND USED TO
SUPPORT EXPENDITURES AUTHORIZED UNDER PARAGRAPH (C) OF SUBDIVISION THREE
OF THIS SECTION.
§ 2. Subparagraph (c) of subdivision 3 of section 99-ii of the state
finance law, as added by chapter 92 of the laws of 2021, is amended to
read as follows:
(c) Actual and necessary costs incurred by the office of cannabis
management and the cannabis control board, and the urban development
corporation, related to the administration of incubators and other
assistance to qualified social and economic equity applicants including
the administration, capitalization, and provision of low and zero inter-
est loans to such applicants pursuant to section sixteen-ee of the urban
development corporation act[. Such] AND THE FUNDING OF, WHETHER DIRECTLY
OR INDIRECTLY BY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND FORMED FOR
THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
ESTABLISHING ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY
SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO ARTICLE
FOUR OF THE CANNABIS LAW. SUCH FIXED CAPITAL COSTS SHALL INCLUDE, BUT
ARE NOT LIMITED TO, ALL COSTS RELATED TO THE ACQUISITION, LEASING,
PURCHASING, PLANNING, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILI-
TATION, IMPROVEMENT, FURNISHING, OR EQUIPPING OF SUCH ADULT-USE CANNABIS
RETAIL DISPENSARIES, WHETHER SUCH WORK HAS BEEN UNDERTAKEN OR COSTS FOR
SUCH WORK INCURRED BY (I) THE OFFICE OF CANNABIS MANAGEMENT AND THE
CANNABIS CONTROL BOARD, (II) THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK, OR ANY SUBSIDIARY THEREOF, UNDER AGREEMENT WITH THE OFFICE OF
CANNABIS MANAGEMENT AND THE CANNABIS CONTROL BOARD, OR WITH THE PRIVATE
DEBT OR EQUITY FUND FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
CAPITAL COSTS ASSOCIATED WITH ESTABLISHING SUCH ADULT-USE CANNABIS
RETAIL DISPENSARIES, OR (III) THE PRIVATE DEBT OR EQUITY FUND FORMED FOR
THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
ESTABLISHING SUCH ADULT-USE CANNABIS RETAIL DISPENSARIES. PAYMENTS FOR
THE FIXED CAPITAL COSTS TO ESTABLISH SUCH ADULT-USE CANNABIS RETAIL
DISPENSARIES, INCLUDING ANY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND
FORMED FOR THE LIMITED PURPOSE OF FUNDING SUCH FIXED CAPITAL COSTS, AND
ANY REPAYMENTS OF THESE AMOUNTS MAY BE DEPOSITED IN THE NEW YORK STATE
CANNABIS REVENUE FUND OR SUCH OTHER ACCOUNT AS DETERMINED BY THE DIREC-
TOR OF THE DIVISION OF THE BUDGET. ALL ABOVE REFERENCED costs shall be
paid out of revenues received, including, but not limited to, from
special one-time fees paid by registered organizations pursuant to
section sixty-three of the cannabis law.
§ 3. Section 1678 of the public authorities law is amended by adding
two new subdivisions 30 and 31 to read as follows:
30. TO ENTER INTO ONE OR MORE AGREEMENTS WITH THE OFFICE OF CANNABIS
MANAGEMENT, THE CANNABIS CONTROL BOARD, OR ANY PRIVATE DEBT OR EQUITY
FUND, IN WHICH THE STATE OR ANY STATE AGENCY, PUBLIC AUTHORITY, PUBLIC
BENEFIT CORPORATION, OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR
S. 8008--A 58 A. 9008--A
THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
ESTABLISHING ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY
SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO ARTICLE
FOUR OF THE CANNABIS LAW, FOR THE FOLLOWING PURPOSES:
(A) TO ACQUIRE BY PURCHASE, CONDEMNATION, GIFT, DEVISE, LEASE, OR
OTHER AGREEMENT SUCH REAL PROPERTY OR AN INTEREST THEREIN AS MAY BE
NECESSARY OR CONVENIENT FOR THE ACQUISITION, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, OR PROVISION OF ADULT-USE CANNA-
BIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY
LICENSEES;
(B) TO PREPARE OR CAUSE TO BE PREPARED PLANS, SPECIFICATIONS, DESIGNS,
AND ESTIMATES OF COSTS FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION,
REHABILITATION, IMPROVEMENT, FURNISHING OR EQUIPPING OF ADULT-USE CANNA-
BIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY
LICENSEES;
(C) TO DESIGN, CONSTRUCT, RECONSTRUCT, REHABILITATE, OR IMPROVE
ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND
ECONOMIC EQUITY LICENSEES AND TO ENTER INTO CONTRACTS TO CAUSE SUCH
FACILITIES TO BE DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED,
IMPROVED, FURNISHED, OR EQUIPPED;
(D) TO ENTER, AS LESSOR OR AS AGENT FOR THE LESSOR, INTO LEASES,
SUBLEASES, OR OTHER AGREEMENTS WITH THE SOCIAL AND ECONOMIC EQUITY
LICENSEES OPERATING THE ADULT-USE CANNABIS RETAIL DISPENSARIES;
(E) TO ENTER, AS LENDER OR AS AGENT FOR THE LENDER, INTO LOAN OR OTHER
AGREEMENTS WITH THE SOCIAL AND ECONOMIC EQUITY LICENSEES OPERATING THE
ADULT-USE CANNABIS RETAIL DISPENSARIES; AND
(F) TO SELL, CONVEY, LEASE, SUBLEASE OR OTHERWISE TRANSFER ANY REAL
PROPERTY OR INTEREST THEREIN HELD BY THE AUTHORITY TO ANY PERSON, FIRM,
ASSOCIATION, CORPORATION, OR AGENCY, INCLUDING A PUBLIC BODY, FOR THE
PURPOSE OF CONSTRUCTING AN ADULT-USE CANNABIS RETAIL DISPENSARY,
PROVIDED THAT, SIMULTANEOUSLY THEREWITH, THE AUTHORITY ENTERS INTO AN
AGREEMENT FOR THE RECONVEYANCE, PURCHASE, LEASE, SUBLEASE, OR OTHER
ACQUISITION OF SUCH DISPENSARY.
31. (A) TO FORM ONE OR MORE SUBSIDIARIES FOR THE PURPOSE OF LIMITING
THE POTENTIAL LIABILITY OF THE AUTHORITY WHEN EXERCISING THE POWERS AND
DUTIES CONFERRED UPON THE AUTHORITY BY SUBDIVISION THIRTY OF THIS
SECTION IN CONNECTION WITH CERTAIN WORK PERFORMED ON BEHALF OF THE
OFFICE OF CANNABIS MANAGEMENT, THE CANNABIS CONTROL BOARD, OR ANY
PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY STATE AGENCY,
PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR DIVISION THEREOF HAS
INVESTED AND IS FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
CAPITAL COSTS ASSOCIATED WITH ESTABLISHING ADULT-USE CANNABIS RETAIL
DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
LICENSED PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW. SUCH SUBSIDIARY
CREATED PURSUANT TO THIS SUBDIVISION MAY EXERCISE AND PERFORM ONE OR
MORE OF THE PURPOSES, POWERS, DUTIES, FUNCTIONS, RIGHTS AND RESPONSIBIL-
ITIES OF THE AUTHORITY OTHER THAN THE ISSUANCE OF INDEBTEDNESS, IN
CONNECTION WITH REAL AND PERSONAL PROPERTY WITH RESPECT TO WHICH THE
AUTHORITY HOLDS TITLE OR A LEASEHOLD INTEREST INCLUDING, BUT NOT LIMITED
TO: (I) BIDDING FOR, TAKING, HOLDING, SELLING, CONVEYING, ASSIGNING OR
TRANSFERRING TITLE TO SUCH PROPERTY; (II) ENTERING INTO LEASES,
SUBLEASES, OR OTHER ARRANGEMENTS WITH REGARD TO SUCH PROPERTY AND ACTING
IN A MANNER CONSISTENT WITH THE RIGHTS, OBLIGATIONS OR RESPONSIBILITIES
OF THE OWNER, LANDLORD OR TENANT OF SUCH PROPERTY PURSUANT TO SUCH LEASE
OR SUBLEASE AGREEMENTS; (III) SERVICING LOAN PAYMENTS; (IV) FURNISHING
S. 8008--A 59 A. 9008--A
PROPERTY MANAGEMENT SERVICES; AND (V) PROVIDING GENERAL OPERATIONAL AND
ADMINISTRATIVE SUPPORT SERVICES.
(B) SUCH SUBSIDIARY AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE ESTABLISHED IN THE FORM OF A PUBLIC BENEFIT CORPORATION BY
EXECUTING AND FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCOR-
PORATION WHICH SHALL IDENTIFY THE AUTHORITY AS THE ENTITY ORGANIZING
SUCH SUBSIDIARY AND SET FORTH THE NAME OF SUCH SUBSIDIARY PUBLIC BENEFIT
CORPORATION, ITS DURATION, THE LOCATION OF ITS PRINCIPAL OFFICE AND ITS
CORPORATE PURPOSES AS PROVIDED IN THIS SUBDIVISION AND WHICH CERTIFICATE
MAY BE AMENDED FROM TIME TO TIME BY THE FILING OF AMENDMENTS THERETO
WITH THE SECRETARY OF STATE. SUCH SUBSIDIARY SHALL BE ORGANIZED AS A
PUBLIC BENEFIT CORPORATION, SHALL BE A BODY POLITIC AND CORPORATE, AND
SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
EXEMPTIONS OF THE AUTHORITY. THE MEMBERS OF SUCH SUBSIDIARY SHALL BE THE
SAME AS THE MEMBERS OF THE AUTHORITY AND THE PROVISIONS OF SUBDIVISION
TWO OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE SHALL IN ALL
RESPECTS APPLY TO SUCH MEMBERS WHEN ACTING IN SUCH CAPACITY.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE ANY
LIABILITIES, OBLIGATIONS, OR RESPONSIBILITIES OF SUCH SUBSIDIARY UPON
THE AUTHORITY AND THE AUTHORITY SHALL HAVE NO LIABILITY OR RESPONSIBIL-
ITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES TO ASSUME THE SAME.
(D) SUCH SUBSIDIARY CREATED PURSUANT TO THIS SUBDIVISION SHALL BE
SUBJECT TO ANY OTHER PROVISION OF THIS CHAPTER PERTAINING TO SUBSID-
IARIES OF PUBLIC AUTHORITIES.
§ 4. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding three undesignated paragraphs to
read as follows:
THE OFFICE OF CANNABIS MANAGEMENT.
THE CANNABIS CONTROL BOARD.
ANY PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY STATE AGEN-
CY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, OR DIVISION THEREOF,
HAS INVESTED AND IS FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
CAPITAL COSTS ASSOCIATED WITH ESTABLISHING ADULT-USE CANNABIS RETAIL
DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
LICENSED PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW.
§ 5. Subdivision 1 of section 1680 of the public authorities law is
amended by adding three undesignated paragraphs to read as follows:
THE OFFICE OF CANNABIS MANAGEMENT.
THE CANNABIS CONTROL BOARD.
ANY PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY AGENCY,
AUTHORITY OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR THE LIMITED
PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH ESTABLISHING
ADULT-USE CANNABIS RETAIL DISPENSARIES FOR OPERATION BY SOCIAL AND
ECONOMIC EQUITY APPLICANTS, DULY LICENSED PURSUANT TO ARTICLE FOUR OF
THE CANNABIS LAW.
§ 6. This act shall take effect immediately.
PART JJ
Section 1. Subdivision 24-e of section 10 of the highway law, as added
by section 1 of part RRR of chapter 59 of the laws of 2019, is amended
to read as follows:
24-e. The commissioner of transportation is hereby authorized to enter
into an agreement with any fiber optic utility for use and occupancy of
the state right of way for the purposes of installing, modifying, relo-
S. 8008--A 60 A. 9008--A
cating, repairing, operating, or maintaining fiber optic facilities.
Such agreement may include a fee for use and occupancy of the right of
way, provided, however, such fee shall not be greater than fair market
value. Any provider using or occupying a right of way in fulfillment of
a state grant award through EITHER the New NY Broadband Program OR ANY
SUCCESSOR OFFICE shall not be subject to a fee for such use or occupan-
cy. SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD RECIPI-
ENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITHSTANDING
CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER CONNECTIV-
ITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCUPANCY. Any
fee for use or occupancy charged to a fiber optic utility shall not be
passed through in whole or in part as a fee, charge, increased service
cost, or by any other means by a fiber optic utility to any person or
entity that contracts with such fiber optic utility for service. Any
compensation received by the state pursuant to such agreement shall be
deposited by the comptroller into the special obligation reserve and
payment account of the dedicated highway and bridge trust fund estab-
lished pursuant to section eighty-nine-b of the state finance law. Noth-
ing herein shall impair, inhibit, or otherwise affect the ability of any
municipality to regulate zoning, land use, or any other power or author-
ity granted under the law. For purposes of this subdivision, "munici-
pality" shall include a county, city, village, or town.
§ 2. Section 7 of the transportation corporations law, as added by
section 2 of part RRR of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 7. Agreement for fiber optic utility use and occupancy of state
right of way. The commissioner of transportation is hereby authorized to
enter into an agreement with any fiber optic utility for use and occu-
pancy of the state right of way for the purposes of installing, modify-
ing, relocating, repairing, operating, or maintaining fiber optic facil-
ities. Such agreement may include a fee for use and occupancy of the
right of way, provided, however, such fee shall not be greater than fair
market value. Any provider using or occupying a right of way in fulfill-
ment of a state grant award through EITHER the New NY Broadband Program
OR ANY SUCCESSOR OFFICE shall not be subject to a fee for such use or
occupancy. SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD
RECIPIENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITH-
STANDING CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER
CONNECTIVITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCU-
PANCY. Any fee for use or occupancy charged to a fiber optic utility
shall not be passed through in whole or in part as a fee, charge,
increased service cost, or by any other means by a fiber optic utility
to any person or entity that contracts with such fiber optic utility for
service. Any compensation received by the state pursuant to such agree-
ment shall be deposited by the comptroller into the special obligation
reserve and payment account of the dedicated highway and bridge trust
fund established pursuant to section eighty-nine-b of the state finance
law. Nothing herein shall impair, inhibit, or otherwise affect the abil-
ity of any municipality to regulate zoning, land use, or any other power
or authority granted under the law. For purposes of this section, "muni-
cipality" shall include a county, city, village, or town.
§ 3. This act shall take effect immediately; provided that the amend-
ments to subdivision 24-e of section 10 of the highway law and section 7
of the transportation corporations law made by this act shall not affect
the repeal of such subdivision and section and shall expire and be
deemed repealed therewith.
S. 8008--A 61 A. 9008--A
PART KK
Section 1. Subdivision 2 of section 27-1207 of the environmental
conservation law, as amended by section 7 of part AA of chapter 58 of
the laws of 2018, is amended to read as follows:
2. [The] APPROPRIATIONS FOR THE solid waste mitigation program [shall
receive no more than twenty-five million dollars] from the clean water
infrastructure act of 2017 [and] SHALL be made available to the depart-
ment and the department of health, as applicable, for the following
purposes:
a. enumeration and assessment of solid waste sites;
b. investigation and environmental characterization of solid waste
sites, including environmental sampling;
c. mitigation and remediation of solid waste sites;
d. monitoring of solid waste sites; and
e. administration and enforcement of the requirements of section
27-1203 of this title.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 27-1405 of the environmental conservation law is
amended by adding three new subdivisions 32, 33 and 34 to read as
follows:
32. "CONFORMING BOA SITE" SHALL MEAN A SITE LOCATED WITHIN AN AREA
DESIGNATED BY THE SECRETARY OF STATE AS A BROWNFIELD OPPORTUNITY AREA
PURSUANT TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW
AND FOR WHICH THE SECRETARY OF STATE HAS ISSUED AN AFFIRMATIVE CONFORM-
ANCE DETERMINATION PURSUANT TO SUBDIVISION TEN OF SUCH SECTION.
33. "DISADVANTAGED COMMUNITY" SHALL MEAN A COMMUNITY THAT IS IDENTI-
FIED PURSUANT TO SECTION 75-0111 OF THIS CHAPTER.
34. "RENEWABLE ENERGY FACILITY SITE" SHALL MEAN REAL PROPERTY: (A)
THAT IS PRIMARILY USED FOR ANY RENEWABLE ENERGY SYSTEM, AS DEFINED IN
SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; (B) ANY CO-LOCATED SYSTEM
STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO
DELIVERING IT TO THE BULK TRANSMISSION, SUB-TRANSMISSION, OR DISTRIB-
UTION SYSTEM; OR (C) ANY STANDALONE SYSTEM STORING ENERGY INTERCONNECTED
INTO NEW YORK'S BULK TRANSMISSION SYSTEM OR AN INVESTOR OWNED UTILITY'S
(IOU) TRANSMISSION OR DISTRIBUTION SYSTEM PROVIDING DISTRIBUTION
SERVICES, WHOLESALE MARKET ENERGY, ANCILLARY SERVICES, AND/OR CAPACITY
SERVICES, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC PLANTS AS
DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW.
§ 2. The opening paragraph of subdivision 1-a of section 27-1407 of
the environmental conservation law, as added by section 3 of part BB of
chapter 56 of the laws of 2015, is amended to read as follows:
If the person is also seeking a determination that the site is eligi-
ble for the tangible property credit component of the brownfield rede-
velopment tax credit pursuant to paragraph three of subdivision (a) of
section twenty-one of the tax law for a site located in a city having a
population of one million or more, such person shall submit information
sufficient to demonstrate that: (a) at least half of the site area is
located in an environmental zone as defined in section twenty-one of the
tax law; (b) the property is upside down or underutilized; [or] (c) the
project is an affordable housing project; (D) THE PROJECT IS A CONFORM-
ING BOA SITE; OR (E) THE PROJECT IS BEING DEVELOPED AS A RENEWABLE ENER-
GY FACILITY SITE. An applicant may request an eligibility determination
S. 8008--A 62 A. 9008--A
for tangible property credits at any time from application until the
site receives a certificate of completion pursuant to section 27-1419 of
this title except for sites seeking eligibility under the underutilized
category.
§ 3. Section 27-1409 of the environmental conservation law is amended
by adding a new subdivision 13 to read as follows:
13. AFTER ACCEPTANCE BY THE DEPARTMENT, AN EXECUTED BROWNFIELD CLEANUP
AGREEMENT SHALL BE SUBMITTED AND RETURNED TO THE DEPARTMENT WITH PAYMENT
OF A NONREFUNDABLE PROGRAM FEE IN THE AMOUNT OF FIFTY THOUSAND DOLLARS,
WHICH SHALL BE DEPOSITED TO THE CREDIT OF THE OVERSIGHT AND ASSISTANCE
ACCOUNT OF THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO SECTION NINE-
TY-SEVEN-B OF THE STATE FINANCE LAW. THE DEPARTMENT MAY REDUCE OR WAIVE
SUCH FEE UPON A DEMONSTRATION OF FINANCIAL HARDSHIP BY THE APPLICANT.
PROGRAM FEES SHALL NOT QUALIFY FOR ANY OF THE TAX CREDITS AVAILABLE FOR
BROWNFIELD SITES UNDER SECTIONS TWENTY-ONE, TWENTY-TWO, AND TWENTY-THREE
OF THE TAX LAW.
§ 4. Paragraph 2 of subdivision (a) of section 21 of the tax law, as
amended by section 1 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
(2) Site preparation credit component. The site preparation credit
component shall be equal to the applicable percentage of the site prepa-
ration costs paid or incurred by the taxpayer with respect to a quali-
fied site. The credit component amount so determined with respect to a
site's qualification for a certificate of completion shall be allowed
for the taxable year in which the effective date of the certificate of
completion occurs. The credit component amount determined other than
with respect to such qualification shall be allowed for the taxable year
in which the improvement to which the applicable costs apply is placed
in service for up to five taxable years after the issuance of such
certificate of completion; PROVIDED, HOWEVER, THAT FOR ANY QUALIFIED
SITE TO WHICH A CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER JULY
FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWENTY-FOURTH, TWO
THOUSAND TWENTY-ONE, THE SITE PREPARATION CREDIT COMPONENT FOR SUCH
COSTS SHALL BE ALLOWED FOR UP TO SEVEN TAXABLE YEARS AFTER THE ISSUANCE
OF SUCH CERTIFICATE OF COMPLETION.
§ 5. Paragraph 4 of subdivision (a) of section 21 of the tax law, as
amended by section 1 of part H of chapter 577 of the laws of 2004, is
amended to read as follows:
(4) On-site groundwater remediation credit component. The on-site
groundwater remediation credit component shall be equal to the applica-
ble percentage of the on-site groundwater remediation costs paid or
incurred by the taxpayer with respect to a qualified site (to the extent
that such groundwater remediation costs are not included in the determi-
nation of the site preparation credit or the cost or other basis
included in the determination of the tangible property credit). The
credit component so determined for costs incurred and paid with respect
to and prior to the issuance of a certificate of completion shall be
allowed for the taxable year in which the effective date of the issuance
of a certificate of completion occurs. The credit component amount
determined in taxable years after the effective date of the issuance of
a certificate of completion shall be allowed in the taxable year such
qualified costs are incurred and paid for up to five taxable years after
the issuance of such certificate of completion; PROVIDED, HOWEVER, THAT
WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION
HAS BEEN ISSUED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR
BEFORE JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-ONE, THE CREDIT COMPONENT
S. 8008--A 63 A. 9008--A
AMOUNT DETERMINED IN TAXABLE YEARS AFTER THE EFFECTIVE DATE OF THE ISSU-
ANCE OF A CERTIFICATE OF COMPLETION SHALL BE ALLOWED IN THE TAXABLE YEAR
SUCH QUALIFIED COSTS ARE INCURRED AND PAID FOR UP TO SEVEN TAXABLE YEARS
AFTER THE ISSUANCE OF SUCH CERTIFICATE OF COMPLETION.
§ 6. Subparagraph (B) of paragraph 5 of subdivision (a) of section 21
of the tax law, as amended by section 21 of part BB of chapter 56 of the
laws of 2015, is amended to read as follows:
(B) With respect to such qualified site for which the department of
environmental conservation has issued a notice to the taxpayer on or
after July first, two thousand fifteen [or the date of publication in
the state register of proposed regulations defining "underutilized" as
provided in subdivision thirty of section 27-1405 of the environmental
conservation law, whichever shall be later], that its request for
participation has been accepted under subdivision six of section 27-1407
of the environmental conservation law, the applicable percentage for the
tangible property credit component of the brownfield redevelopment tax
credit pursuant to paragraph three of [subdivision (a) of] this
[section] SUBDIVISION shall be the sum of ten percent and the following
additional percentages, provided that if the sum is greater than twen-
ty-four percent, the total percentage of the tangible property credit
component shall be twenty-four percent and is otherwise subject to the
limitations set forth in paragraphs three and three-a of [subdivision
(a) of] this [section] SUBDIVISION:
(i) five percent for a site WHICH:
(1) IS LOCATED within an environmental zone; OR
(2) IS IN A DISADVANTAGED COMMUNITY AS THAT TERM IS DEFINED IN SECTION
27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW FOR WHICH THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE THAT ITS REQUEST FOR
PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407
OF THE ENVIRONMENTAL CONSERVATION LAW;
(ii) five percent for a site located within a designated brownfield
opportunity area and THAT is [developed in conformance with the goals
and priorities established for that applicable brownfield opportunity
area] A CONFORMING BOA SITE AS THAT TERM IS DEFINED IN SECTION 27-1405
OF THE ENVIRONMENTAL CONSERVATION LAW;
(iii) five percent for a site developed as affordable housing, as
defined in section 27-1405 of the environmental conservation law;
(iv) five percent for a site to be used primarily for manufacturing
activities as such term is defined in subparagraph (B) of paragraph
three-a of this subdivision; [and]
(v) five percent for sites remediated to Track 1 as that term is
defined in subdivision four of section 27-1415 of the environmental
conservation law; AND
(VI) FOR A QUALIFIED SITE FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR AFTER JANUARY
FIRST, TWO THOUSAND TWENTY-THREE THAT ITS REQUEST FOR PARTICIPATION HAS
BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRON-
MENTAL CONSERVATION LAW, FIVE PERCENT FOR SITES DEVELOPED AS RENEWABLE
ENERGY FACILITY SITES AS DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 7. Paragraph 2 of subdivision (b) of section 21 of the tax law, as
amended by section 23 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
(2) Site preparation costs. The term "site preparation costs" shall
mean all amounts properly chargeable to a capital account, which are
S. 8008--A 64 A. 9008--A
paid or incurred which are necessary to implement a site's investi-
gation, remediation, or qualification for a certificate of completion,
and shall include costs of: excavation; demolition; activities undertak-
en under the oversight of the department of labor or in accordance with
standards established by the department of health to remediate and
dispose of regulated materials including asbestos, lead or polychlori-
nated biphenyls; environmental consulting; engineering; legal costs;
transportation, disposal, treatment or containment of contaminated soil;
remediation measures taken to address contaminated soil vapor; cover
systems consistent with applicable regulations; physical support of
excavation; dewatering and other work to facilitate or enable remedi-
ation activities; sheeting, shoring, and other engineering controls
required to prevent off-site migration of contamination from the quali-
fied site or migrating onto the qualified site; and the costs of fenc-
ing, temporary electric wiring, scaffolding, and security facilities
until such time as the certificate of completion has been issued. Site
preparation shall include all costs paid or incurred within sixty months
after the last day of the tax year in which the certificate of
completion is issued that are necessary for compliance with the certif-
icate of completion or subsequent modifications thereof, or the remedial
program defined in such certificate of completion including but not
limited to institutional controls, engineering controls, an approved
site management plan, and an environmental easement with respect to the
qualified site. PROVIDED, HOWEVER, WITH RESPECT TO ANY QUALIFIED SITE
FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED ON OR AFTER JULY
FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWENTY-FOURTH, TWO
THOUSAND TWENTY-ONE, SITE PREPARATION COSTS SHALL INCLUDE ALL SUCH COSTS
PAID OR INCURRED WITHIN EIGHTY-FOUR MONTHS AFTER THE LAST DAY OF THE TAX
YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED. Site preparation
cost shall not include the costs of foundation systems that exceed the
cover system requirements in the regulations applicable to the qualified
site.
§ 8. Paragraph 4 of subdivision (b) of section 21 of the tax law, as
amended by section 23 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
(4) On-site groundwater remediation costs. The term "on-site groundwa-
ter remediation costs" shall mean all amounts properly chargeable to a
capital account, which are paid or incurred which are necessary to
implement a site's groundwater investigation, remediation, or qualifica-
tion for a certificate of completion not already covered under site
preparation costs, and shall include costs of: environmental consulting;
engineering; legal costs; transportation, disposal, treatment or
containment of contaminated groundwater; sheeting, shoring, and other
engineering controls required to prevent off-site migration of groundwa-
ter contamination from the qualified site or migrating onto the quali-
fied site; and the costs of fencing, temporary electric wiring and secu-
rity facilities until such time as the certificate of completion is
issued. On-site groundwater remediation costs shall include all costs
paid or incurred within sixty months after the last day of the tax year
in which the certificate of completion is issued that are necessary for
compliance with the certificate of completion or subsequent modifica-
tions thereof, or the groundwater remedial program defined in such
certificate of completion including but not limited to institutional
controls, engineering controls, an approved site management plan specif-
ic to on-site groundwater remediation, and an environmental easement
with respect to the qualified site. PROVIDED, HOWEVER, WITH RESPECT TO
S. 8008--A 65 A. 9008--A
ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED
ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWEN-
TY-FOURTH, TWO THOUSAND TWENTY-ONE, ON-SITE GROUNDWATER REMEDIATION
COSTS SHALL INCLUDE ALL SUCH COSTS PAID OR INCURRED WITHIN EIGHTY-FOUR
MONTHS AFTER THE LAST DAY OF THE TAX YEAR IN WHICH THE CERTIFICATE OF
COMPLETION IS ISSUED.
§ 9. Section 31 of part H of chapter 1 of the laws of 2003, amending
the tax law relating to brownfield redevelopment tax credits, remediated
brownfield credit for real property taxes for qualified sites and envi-
ronmental remediation insurance credits, as amended by section 32 of
part BB of chapter 56 of the laws of 2015, is amended to read as
follows:
§ 31. The tax credits allowed under section 22 or 23 of the tax law
and the corresponding provisions in articles 9, 9-A, 22 and 33 of the
tax law, as added by the provisions of sections one through twenty-nine
of this act, shall not be applicable to any site accepted into the
brownfield cleanup program on and after July 1, 2015 [or the date of
publication in the state register of proposed regulations defining
"underutilized" as provided in subdivision 30 of section 27-1405 of the
environmental conservation law, whichever shall be later]. The tax cred-
its allowed under section 21 of the tax law and the corresponding
provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
provisions of sections one through twenty-nine of this act, shall not be
applicable to any site accepted into the brownfield cleanup program
after December 31, [2022] 2032, provided, however that any sites
accepted on or before December 31, [2022] 2032 must have received the
certificate of completion required to qualify for any of such credits on
or before [March] DECEMBER 31, [2026] 2036.
§ 10. This act shall take effect immediately.
PART MM
Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation law, as amended by
section 1 of part E of chapter 58 of the laws of 2019, are amended to
read as follows:
1. Until December thirty-first, two thousand [twenty-two]
TWENTY-SEVEN, accept from a customer, waste tires of approximately the
same size and in a quantity equal to the number of new tires purchased
or installed by the customer; and
Until December thirty-first, two thousand [twenty-two] TWENTY-SEVEN,
post written notice in a prominent location, which must be at least
eight and one-half inches by fourteen inches in size and contain the
following language:
§ 2. Subdivisions 1, 2, 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law, as amended by
section 2 of part E of chapter 58 of the laws of 2019, are amended to
read as follows:
1. Until December thirty-first, two thousand [twenty-two]
TWENTY-SEVEN, a waste tire management and recycling fee of two dollars
and fifty cents shall be charged on each new tire sold. The fee shall be
paid by the purchaser to the tire service at the time the new tire or
new motor vehicle is purchased.
The waste tire management and recycling fee does not apply to:
(a) recapped or resold tires;
(b) mail-order sales; or
S. 8008--A 66 A. 9008--A
(c) the sale of new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this state is
subject to such fee.
2. Until December thirty-first, two thousand [twenty-two]
TWENTY-SEVEN, the tire service shall collect the waste tire management
and recycling fee from the purchaser at the time of the sale and shall
remit such fee to the department of taxation and finance with the quar-
terly report filed pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
3. [Until March thirty-first, two thousand twenty-three, each] EACH
tire service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a quarterly basis,
with the return for December, January, and February being due on or
before the immediately following March thirty-first; the return for
March, April, and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the immediately
following December thirty-first.
(a) Each return shall include:
(i) the name of the tire service;
(ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is a different
address) from which the tire service engages in the business of making
retail sales of tires;
(iii) the name and signature of the person preparing the return;
(iv) the total number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
(v) the amount of waste tire management and recycling fees due; and
(vi) such other reasonable information as the department of taxation
and finance may require.
(b) Copies of each report shall be retained by the tire service for
three years.
If a tire service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business.
(a) Until December thirty-first, two thousand [twenty-two] TWENTY-SEV-
EN, any additional waste tire management and recycling costs of the tire
service in excess of the amount authorized to be retained pursuant to
paragraph (b) of subdivision two of this section may be included in the
published selling price of the new tire, or charged as a separate per-
tire charge on each new tire sold. When such costs are charged as a
separate per-tire charge: (i) such charge shall be stated as an invoice
item separate and distinct from the selling price of the tire; (ii) the
invoice shall state that the charge is imposed at the sole discretion of
the tire service; and (iii) the amount of such charge shall reflect the
actual cost to the tire service for the management and recycling of
waste tires accepted by the tire service pursuant to section 27-1905 of
this title, provided however, that in no event shall such charge exceed
two dollars and fifty cents on each new tire sold.
S. 8008--A 67 A. 9008--A
§ 3. Subdivision 3 of section 27-1913 of the environmental conserva-
tion law, as amended by section two of this act, is amended to read as
follows:
3. Each tire service maintaining a place of business in this state
shall make a return to the department of taxation and finance [on a
quarterly basis, with the return for December, January, and February
being due on or before the immediately following March thirty-first; the
return for March, April, and May being due on or before the immediately
following June thirtieth; the return for June, July, and August being
due on or before the immediately following September thirtieth; and the
return for September, October, and November being due on or before the
immediately following December thirty-first.
(a) Each return shall include:
(i) the name of the tire service;
(ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is a different
address) from which the tire service engages in the business of making
retail sales of tires;
(iii) the name and signature of the person preparing the return;
(iv) the total number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
(v) the amount of waste tire management and recycling fees due; and
(vi) such other reasonable information as the department of taxation
and finance may require.
(b) Copies of each report shall be retained by the tire service for
three years.
If a tire service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business] ON
SUCH FORM AND INCLUDING SUCH INFORMATION AS THE COMMISSIONER OF TAXATION
AND FINANCE MAY REQUIRE. SUCH RETURNS SHALL BE DUE AT THE SAME TIME AND
FOR THE SAME PERIODS AS THE SALES TAX RETURN OF SUCH TIRE SERVICE, IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED THIRTY-SIX OF THE TAX LAW, AND
PAYMENT OF ALL FEES DUE FOR SUCH PERIODS SHALL BE REMITTED WITH SUCH
RETURNS.
§ 4. Subdivision 5 of section 27-1913 of the environmental conserva-
tion law, as added by section 2 of part E of chapter 686 of the laws of
2003, is amended to read as follows:
5. (A) The provisions of article [twenty-seven] TWENTY-EIGHT of the
tax law, INCLUDING THE PROVISIONS RELATING TO DEFINITIONS, EXEMPTIONS,
RETURNS, PERSONAL LIABILITY FOR THE TAX, COLLECTION OF TAX FROM THE
CUSTOMER, PAYMENT OF TAX AND THE ADMINISTRATION OF THE TAX IMPOSED,
shall apply to the provisions of this section in the same manner and
with the same force and effect as if the language of such article had
been incorporated in full into this section and had expressly referred
to the fee under this section, except to the extent that any provision
of such article is either inconsistent with a provision of this section
or is not relevant to this section. FOR PURPOSES OF THIS SECTION, ANY
REFERENCE TO A TAX OR THE TAXES IMPOSED BY ARTICLE TWENTY-EIGHT OF THE
TAX LAW SHALL BE DEEMED ALSO TO REFER TO THE WASTE TIRE MANAGEMENT AND
RECYCLING FEE IMPOSED UNDER THE AUTHORITY OF THIS SECTION UNLESS A
DIFFERENT MEANING IS CLEARLY REQUIRED.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE EXEMPTIONS PROVIDED IN SECTION ELEVEN HUNDRED SIXTEEN OF THE
TAX LAW SHALL NOT APPLY TO THIS SECTION EXCEPT WITH RESPECT TO THE ENTI-
S. 8008--A 68 A. 9008--A
TIES DESCRIBED IN PARAGRAPHS ONE, TWO, THREE AND SIX OF SUBDIVISION (A)
OF SUCH SECTION.
§ 5. This act shall take effect immediately; provided that sections
three and four of this act shall take effect on March 1, 2023; provided,
further, that the return for the quarterly period ending on the last day
of February, 2023 shall be due on March 31, 2023, and any fees required
to be collected and paid for such period must be remitted with such
return.
PART NN
Section 1. Sections 1, 2, and 3 of section 1 and section 2 of part TT
of chapter 59 of the laws of 2021 authorizing the creation of state debt
in the amount of three billion dollars, in relation to creating the
environmental bond act of 2022 "restore mother nature" for the purposes
of environmental improvements that preserve, enhance, and restore New
York's natural resources and reduce the impact of climate change; and
providing for the submission to the people of a proposition or question
therefor to be voted upon at the general election to be held in Novem-
ber, 2022, are amended to read as follows:
§ 1. Short title. This act shall be known and may be cited as the
"CLEAN WATER, CLEAN AIR, AND GREEN JOBS environmental bond act of 2022
[restore mother nature]".
§ 2. Creation of state debt. The creation of state debt in an amount
not exceeding in the aggregate [three] FOUR billion dollars
[($3,000,000,000)] ($4,000,000,000) is hereby authorized to provide
moneys for the single purpose of making environmental improvements that
preserve, enhance, and restore New York's natural resources and reduce
the impact of climate change by funding capital projects for: restora-
tion and flood risk reduction not less than one billion TWO HUNDRED
MILLION dollars [($1,000,000,000)] ($1,200,000,000); open space land
conservation and recreation up to [five] SIX hundred fifty million
dollars [($550,000,000)] ($650,000,000); climate change mitigation up to
[seven hundred] ONE BILLION ONE HUNDRED million dollars [($700,000,000)]
($1,100,000,000); and, water quality improvement and resilient infras-
tructure not less than [five] SIX hundred fifty million dollars
[($550,000,000)] ($650,000,000).
§ 3. Bonds of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to the aggregate
amount of [three] FOUR billion dollars [($3,000,000,000)]
($4,000,000,000) for the purposes of this act, subject to the provisions
of article 5 of the state finance law. The aggregate principal amount of
such bonds shall not exceed [three] FOUR billion dollars
[($3,000,000,000)] ($4,000,000,000) excluding bonds issued to refund or
otherwise repay bonds heretofore issued for such purpose; provided,
however, that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater than [three] FOUR
billion dollars [($3,000,000,000)] ($4,000,000,000) only if the present
value of the aggregate debt service of the refunding or repayment bonds
to be issued shall not exceed the present value of the aggregate debt
service of the bonds to be refunded or repaid. The method for calculat-
ing present value shall be determined by law.
§ 2. This act shall take effect immediately, provided that the
provisions of section one of this act shall not take effect unless and
until this act shall have been submitted to the people at the general
election to be held in November 2022 and shall have been approved by a
S. 8008--A 69 A. 9008--A
majority of all votes cast for and against it at such general election.
Upon approval by the people, section one of this act shall take effect
immediately. The ballots to be furnished for the use of voters upon
submission of this act shall be in the form prescribed by the election
law and the proposition or question to be submitted shall be printed
thereon in the following form, namely "To address and combat the impact
of climate change and damage to the environment, the "CLEAN WATER, CLEAN
AIR, AND GREEN JOBS Environmental Bond Act of 2022 ["Restore Mother
Nature]" authorizes the sale of state bonds up to [three] FOUR billion
dollars to fund environmental protection, natural restoration, resilien-
cy, and clean energy projects. Shall the Environmental Bond Act of 2022
be approved?".
§ 2. This act shall take effect immediately.
PART OO
Section 1. The article heading of article 58 of the environmental
conservation law, as added by section 1 of part UU of chapter 59 of the
laws of 2021, is amended to read as follows:
IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2022 "[RESTORE MOTHER
NATURE] CLEAN WATER, CLEAN AIR, AND GREEN JOBS"
§ 2. Subdivision 1 of section 58-0101 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
1. "Bonds" shall mean general obligation bonds issued pursuant to the
environmental bond act of 2022 "[restore mother nature] CLEAN WATER,
CLEAN AIR, AND GREEN JOBS" in accordance with article VII of the New
York state constitution and article five of the state finance law.
§ 3. Section 58-0103 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0103. Allocation of moneys.
The moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 shall be disbursed in the following
amounts pursuant to appropriations as specifically provided for in
titles three, five, seven, and nine of this article:
1. Not less than one billion TWO HUNDRED MILLION dollars
[($1,000,000,000)] ($1,200,000,000) for restoration and flood risk
reduction as set forth in title three of this article.
2. Up to [five] SIX hundred fifty million dollars [($550,000,000)]
($650,000,000) for open space land conservation and recreation as set
forth in title five of this article.
3. Up to [seven] ONE BILLION ONE hundred million dollars
[($700,000,000)] ($1,100,000,000) for climate change mitigation as set
forth in title seven of this article.
4. Not less than [five] SIX hundred fifty million dollars
[($550,000,000)] ($650,000,000) for water quality improvement and resil-
ient infrastructure as set forth in title nine of this article.
§ 4. Subdivision 1 of section 58-0105 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
1. Administer funds generated pursuant to the environmental bond act
of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN
JOBS".
S. 8008--A 70 A. 9008--A
§ 5. Section 58-0301 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0301. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022, not less than one billion TWO
HUNDRED MILLION dollars [($1,000,000,000)] ($1,200,000,000) shall be
available for disbursements for restoration and flood risk reduction
projects developed pursuant to section 58-0303 of this title. Not more
than two hundred fifty million dollars ($250,000,000) of this amount
shall be available for projects pursuant to subdivision two of section
58-0303 of this title and not less than one hundred million dollars
($100,000,000) each shall be available for coastal rehabilitation and
shoreline restoration projects and projects which address inland flood-
ing, pursuant to paragraph a of subdivision one of section 58-0303 of
this title.
§ 6. Section 58-0501 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0501. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 to be used for open space land
conservation and recreation projects, up to [five] SIX hundred fifty
million dollars [($550,000,000)] ($650,000,000) shall be available for
programs, plans, and projects developed pursuant to section 58-0503 of
this title, however, not more than seventy-five million dollars
($75,000,000) shall be made available for the creation of a fish hatch-
ery, or the improvement, expansion, repair or maintenance of existing
fish hatcheries, not less than two hundred million dollars
($200,000,000) shall be made available for open space land conservation
projects pursuant to paragraph a of subdivision one of section 58-0503
of this title and not less than one hundred million dollars
($100,000,000) shall be made available for farmland protection pursuant
to paragraph b of subdivision one of section 58-0503 of this title.
§ 7. Section 58-0701 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0701. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022, up to [seven] ONE BILLION ONE
hundred million dollars [($700,000,000)] ($1,100,000,000) shall be made
available for disbursements for climate change mitigation projects
developed pursuant to section 58-0703 of this title. Not less than three
hundred fifty million dollars ($350,000,000) of this amount shall be
available for green buildings projects.
§ 8. Section 58-0901 of the environmental conservation law, as added
by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
§ 58-0901. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
the environmental bond act of 2022 for disbursements for state assist-
ance for water quality improvement projects as defined by title one of
this article, not less than [five] SIX hundred fifty million dollars
[($550,000,000)] ($650,000,000) shall be available for water quality
improvement projects developed pursuant to section 58-0903 of this
title. Not less than two hundred million dollars ($200,000,000) of this
S. 8008--A 71 A. 9008--A
amount shall be available for wastewater infrastructure projects under-
taken pursuant to the New York state water infrastructure improvement
act of 2017 pursuant to paragraph e of subdivision one of section
58-0903 of this title, and not less than one hundred million dollars
($100,000,000) shall be available for municipal stormwater projects
pursuant to paragraph a of subdivision one of section 58-0903 of this
title.
§ 9. Subdivision 1 of section 58-1103 of the environmental conserva-
tion law, as added by section 1 of part UU of chapter 59 of the laws of
2021, is amended to read as follows:
1. No later than sixty days following the end of each fiscal year,
each department, agency, public benefit corporation, and public authori-
ty receiving an allocation or allocations of appropriation financed from
the [restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS envi-
ronmental bond act of 2022 shall submit to the commissioner in a manner
and form prescribed by the department, the following information as of
March thirty-first of such fiscal year, within each category listed in
this title: the total appropriation; total commitments; year-to-date
disbursements; remaining uncommitted balances; and a description of each
project.
§ 10. Section 97-tttt of the state finance law, as added by section 2
of part UU of chapter 59 of the laws of 2021, is amended to read as
follows:
§ 97-tttt. [Restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN
JOBS bond fund. 1. There is hereby established in the joint custody of
the state comptroller and the commissioner of taxation and finance a
special fund to be known as the "[restore mother nature] CLEAN WATER,
CLEAN AIR, AND GREEN JOBS bond fund".
2. The state comptroller shall deposit into the [restore mother
nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS bond fund all moneys
received by the state from the sale of bonds and/or notes for uses
eligible pursuant to section four of the environmental bond act of 2022
"[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS".
3. Moneys in the [restore mother nature] CLEAN WATER, CLEAN AIR, AND
GREEN JOBS bond fund, following appropriation by the legislature and
allocation by the director of the budget, shall be available only for
reimbursement of expenditures made from appropriations from the capital
projects fund for the purpose of the [restore mother nature] CLEAN
WATER, CLEAN AIR, AND GREEN JOBS bond fund, as set forth in the environ-
mental bond act of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR,
AND GREEN JOBS".
4. No moneys received by the state from the sale of bonds and/or notes
sold pursuant to the environmental bond act of 2022 "[restore mother
nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS" shall be expended for
any project until funds therefor have been allocated pursuant to the
provisions of this section and copies of the appropriate certificates of
approval filed with the chair of the senate finance committee, the chair
of the assembly ways and means committee and the state comptroller.
§ 11. Subdivision 32 of section 61 of the state finance law, as added
by section 3 of part UU of chapter 59 of the laws of 2021, is amended to
read as follows:
32. Thirty years. For the payment of "[restore mother nature] CLEAN
WATER, CLEAN AIR, AND GREEN JOBS" projects, as defined in article
fifty-eight of the environmental conservation law and undertaken pursu-
ant to a chapter of the laws of two thousand twenty-one, enacting and
constituting the environmental bond act of 2022 "[restore mother nature]
S. 8008--A 72 A. 9008--A
CLEAN WATER, CLEAN AIR, AND GREEN JOBS". Thirty years for flood control
infrastructure, other environmental infrastructure, wetland and other
habitat restoration, water quality projects, acquisition of land,
including acquisition of real property, and renewable energy projects.
Notwithstanding the foregoing, for the purposes of calculating annual
debt service, the state comptroller shall apply a weighted average peri-
od of probable life of [restore mother nature] CLEAN WATER, CLEAN AIR,
AND GREEN JOBS projects, including any other works or purposes to be
financed with state debt. Weighted average period of probable life shall
be determined by computing the sum of the products derived from multi-
plying the dollar value of the portion of the debt contracted for each
work or purpose (or class of works or purposes) by the probable life of
such work or purpose (or class of works or purposes) and dividing the
resulting sum by the dollar value of the entire debt after taking into
consideration any original issue premium or discount.
§ 12. Section 5 of part UU of chapter 59 of the laws of 2021 amending
the environmental conservation law and the state finance law relating to
the implementation of the environmental bond act of 2022 "restore mother
nature", is amended to read as follows:
§ 5. This act shall take effect only in the event that section 1 of
part TT of the chapter of the laws of 2021 enacting the environmental
bond act of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND
GREEN JOBS" is submitted to the people at the general election to be
held in November 2022 and is approved by a majority of all votes cast
for and against it at such election. Upon such approval, this act shall
take effect immediately; provided that the commissioner of environmental
conservation shall notify the legislative bill drafting commission upon
the occurrence of the enactment of section 1 of part TT of the chapter
of the laws of 2021 enacting the environmental bond act of 2022
"[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS", 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 legisla-
tive law and section 70-b of the public officers law. Effective imme-
diately, the addition, amendment, and/or repeal of any rule or regu-
lation necessary for the implementation of the foregoing sections of
this act are authorized [and directed] to be made and completed on or
before such effective date.
§ 13. This act shall take effect immediately; provided, however that
sections one, two, three, four, five, six, seven, eight, nine, ten and
eleven of this act shall take effect on the same date and in the same
manner as part UU of chapter 59 of the laws of 2021, takes effect.
PART PP
Section 1. Subdivision (a) of section 1421 of the tax law, as amended
by section 4 of part OOO of chapter 59 of the laws of 2019, is amended
to read as follows:
(a) From the taxes, interest and penalties attributable to the tax
imposed pursuant to section fourteen hundred two of this article, the
amount of one hundred ninety-nine million three hundred thousand dollars
shall be deposited by the comptroller in the environmental protection
fund established pursuant to section ninety-two-s of the state finance
law for the fiscal year beginning April first, two thousand nine; the
amount of one hundred nineteen million one hundred thousand dollars
shall be deposited in such fund for the fiscal year beginning April
S. 8008--A 73 A. 9008--A
first, two thousand ten; THE AMOUNT OF TWO HUNDRED FIFTY-SEVEN MILLION
THREE HUNDRED FIFTY THOUSAND DOLLARS SHALL BE DEPOSITED INTO SUCH FUND
FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-TWO; and
for each fiscal year thereafter. On or before June twelfth, nineteen
hundred ninety-five and on or before the twelfth day of each month ther-
eafter (excepting the first and second months of each fiscal year), the
comptroller shall deposit into such fund from the taxes, interest and
penalties collected pursuant to such section fourteen hundred two of
this article which have been deposited and remain to the comptroller's
credit in the banks, banking houses or trust companies referred to in
section one hundred seventy-one-a of this chapter at the close of busi-
ness on the last day of the preceding month, an amount equal to one-
tenth of the annual amount required to be deposited in such fund pursu-
ant to this section for the fiscal year in which such deposit is
required to be made. In the event such amount of taxes, interest and
penalties so remaining to the comptroller's credit is less than the
amount required to be deposited in such fund by the comptroller, an
amount equal to the shortfall shall be deposited in such fund by the
comptroller with subsequent deposits, as soon as the revenue is avail-
able. Beginning April first, nineteen hundred ninety-seven, the comp-
troller shall transfer monthly to the clean water/clean air fund estab-
lished pursuant to section ninety-seven-bbb of the state finance law,
all moneys remaining from such taxes, interest and penalties collected
that are not required for deposit in the environmental protection fund.
§ 2. This act shall take effect immediately.
PART QQ
Section 1. Subdivisions 2, 3 and 7 of section 24-0105 of the environ-
mental conservation law, as added by chapter 614 of the laws of 1975,
subdivision 7 as renumbered by chapter 654 of the laws of 1977, are
amended to read as follows:
2. Considerable acreage of freshwater wetlands in the state of New
York has been lost, despoiled or impaired by unregulated draining,
dredging, filling, excavating, building, pollution or other [acts]
ACTIVITIES inconsistent with the natural uses of such areas. [Other
freshwater] FRESHWATER wetlands are in jeopardy of being lost, despoiled
or impaired by such [unrelated acts] ACTIVITIES.
3. Recurrent flooding aggravated or caused by the loss of freshwater
wetlands has serious effects upon natural ecosystems AND COMMUNITIES.
THE INCREASING SEVERITY AND DURATION OF STORM-RELATED FLOODING DUE TO
CLIMATE CHANGE, WHICH HAS CAUSED BILLIONS OF DOLLARS OF PROPERTY DAMAGE
ACROSS THE STATE, MAKES PROTECTION OF ALL FRESHWATER WETLANDS IN THE
STATE OF VITAL IMPORTANCE.
7. Any loss of freshwater wetlands deprives the people of the state of
some or all of the many and multiple benefits to be derived from
wetlands, to wit:
(a) flood and storm control by the hydrologic absorption and storage
capacity of freshwater wetlands;
(b) wildlife habitat by providing breeding, nesting and feeding
grounds and cover for many forms of wildlife, wildfowl and shorebirds,
including migratory wildfowl and rare, ENDANGERED OR THREATENED species
[such as the bald eagle and osprey];
(c) protection of subsurface water resources and provision for valu-
able watersheds and recharging ground water supplies;
S. 8008--A 74 A. 9008--A
(d) recreation by providing areas for hunting, fishing, boating,
hiking, bird watching, photography, camping and other uses;
(e) pollution treatment by serving as biological and chemical oxida-
tion basins;
(f) erosion control by serving as sedimentation areas and filtering
basins, absorbing silt and organic matter and protecting channels and
harbors;
(g) education and scientific research by providing readily accessible
outdoor bio-physical laboratories, living classrooms and vast training
and education resources; [and]
(h) open space and aesthetic appreciation by providing often the only
remaining open areas along crowded river fronts and coastal Great Lakes
regions; [and]
(i) sources of nutrients in freshwater food cycles and nursery grounds
and sanctuaries for freshwater fish[.];
(J) SUPPORTING A DIVERSITY OF PLANT SPECIES THAT ARE RARE, ENDANGERED
OR THREATENED, OR EXPLOITABLY VULNERABLE AS DEFINED IN SECTION 9-1503 OF
THIS CHAPTER; AND
(K) SUPPORTING A DIVERSITY OF COMMUNITIES OF PLANTS AND ANIMALS THAT
ARE DEEMED BY THE COMMISSIONER TO BE RARE IN THE STATE OR IN A REGION OF
THE STATE.
§ 2. The opening paragraph and paragraphs (c) and (d) of subdivision
1, and subdivisions 2, 3 and 8 of section 24-0107 of the environmental
conservation law, as amended by chapter 654 of the laws of 1977, are
amended and two new subdivisions 9 and 10 are added to read as follows:
"Freshwater wetlands" means lands and waters of the state [as shown on
the freshwater wetlands map] THAT HAVE AN AREA OF AT LEAST TWELVE AND
FOUR-TENTHS ACRES OR, IF LESS THAN TWELVE AND FOUR-TENTHS ACRES IN SIZE,
ARE OF UNUSUAL IMPORTANCE, AND which contain any or all of the follow-
ing:
(c) lands and waters substantially enclosed by aquatic or semi-aquatic
vegetation as set forth in paragraph (a) OF THIS SUBDIVISION or by dead
vegetation as set forth in paragraph (b) OF THIS SUBDIVISION, the regu-
lation of which is necessary to protect and preserve the aquatic and
semi-aquatic vegetation; and
(d) the waters overlying the areas set forth in PARAGRAPHS (a) and (b)
OF THIS SUBDIVISION and the lands underlying PARAGRAPH (c) OF THIS
SUBDIVISION.
2. "Freshwater wetlands map" shall mean a map promulgated by the
department pursuant to section 24-0301 of this article on which are
indicated the boundaries of any freshwater wetlands. FRESHWATER WETLAND
MAPS DEPICT THE APPROXIMATE LOCATION OF WETLANDS AND ARE NOT NECESSARILY
DETERMINATIVE AS TO WHETHER A PERMIT IS REQUIRED PURSUANT TO SECTION
24-0701 OF THIS ARTICLE. THERE IS A REBUTTABLE PRESUMPTION THAT MAPPED
AND UNMAPPED AREAS MEETING THE DEFINITION OF A FRESHWATER WETLAND IN
THIS SECTION ARE REGULATED AND SUBJECT TO PERMIT REQUIREMENTS. THIS
PRESUMPTION MAY BE REBUTTED BY PRESENTING INFORMATION TO THE DEPARTMENT
THAT THE AREA DOES NOT MEET THE DEFINITION CONTAINED IN THIS SECTION. A
WETLAND DELINEATION BY THE DEPARTMENT, OR A VERIFICATION BY THE DEPART-
MENT OF A WETLAND DELINEATION BY ANOTHER PARTY, IS REQUIRED TO IDENTIFY
THE REGULATED FRESHWATER WETLAND BOUNDARY IN A PARTICULAR LOCATION.
3. "Boundaries of a freshwater wetland" shall mean the outer limit of
the vegetation specified in paragraphs (a) and (b) of subdivision one of
THIS section [24-0107] and of the lands and waters specified in para-
graph (c) of such subdivision.
S. 8008--A 75 A. 9008--A
8. "Pollution" shall mean the presence in the environment of [man-in-
duced] HUMAN-INDUCED conditions, or contaminants in quantities or char-
acteristics which are or may be injurious to human, plant or wildlife,
or other animal life or to property.
9. "UNUSUAL IMPORTANCE" SHALL MEAN A FRESHWATER WETLAND, REGARDLESS OF
SIZE, THAT POSSESSES ONE OR MORE OF THE FOLLOWING CHARACTERISTICS AS
DETERMINED BY THE DEPARTMENT:
(A) IT IS LOCATED IN A WATERSHED THAT HAS EXPERIENCED SIGNIFICANT
FLOODING IN THE PAST, OR IS EXPECTED TO EXPERIENCE SIGNIFICANT FLOODING
IN THE FUTURE FROM SEVERE STORM EVENTS RELATED TO CLIMATE CHANGE;
(B) IT IS LOCATED WITHIN AN URBANIZED AREA, AS DEFINED BY THE UNITED
STATES CENSUS BUREAU;
(C) IT CONTAINS A PLANT SPECIES OCCURRING IN FEWER THAN THIRTY-FIVE
SITES STATEWIDE OR HAVING FEWER THAN FIVE THOUSAND INDIVIDUALS STATE-
WIDE;
(D) IT CONTAINS HABITAT FOR AN ESSENTIAL BEHAVIOR OF AN ENDANGERED OR
THREATENED SPECIES OR A SPECIES OF SPECIAL CONCERN AS DEFINED UNDER
SECTION 11-0535 OF THIS CHAPTER OR LISTED AS A SPECIES OF GREATEST
CONSERVATION NEED IN NEW YORK'S WILDLIFE ACTION PLAN;
(E) IT IS CLASSIFIED BY THE DEPARTMENT AS A CLASS I WETLAND;
(F) IT WAS PREVIOUSLY CLASSIFIED AND MAPPED BY THE DEPARTMENT AS A
WETLAND OF UNUSUAL LOCAL IMPORTANCE; OR
(G) IT IS DETERMINED BY THE COMMISSIONER TO BE OF SIGNIFICANT IMPOR-
TANCE TO PROTECTING THE STATE'S WATER QUALITY.
10. "DELINEATION" SHALL MEAN A PRECISE REPRESENTATION OF A REGULATED
FRESHWATER WETLAND AS DEFINED IN SUBDIVISIONS ONE AND THREE OF THIS
SECTION.
§ 3. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the environ-
mental conservation law are REPEALED.
§ 4. Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
conservation law, subdivision 6 as amended by chapter 16 of the laws of
2010 and subdivision 7 as amended and subdivision 8 as added by chapter
654 of the laws of 1977, are amended to read as follows:
[6.] 1. Except as provided in subdivision [eight] THREE of this
section, the commissioner shall supervise the maintenance of [such boun-
dary] FRESHWATER WETLANDS maps, which shall be available to the public
[for inspection and examination at the regional office of the department
in which the wetlands are wholly or partly located and in the office of
the clerk of each county in which each such wetland or a portion thereof
is located] ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
the map [thereafter to clarify the boundaries of the wetlands, to
correct any errors on the map, to effect any additions, deletions or
technical changes on the map, and to reflect changes as have occurred as
a result of the granting of permits pursuant to section 24-0703 of this
article, or natural changes which may have occurred through erosion,
accretion, or otherwise. Notice of such readjustment shall be given in
the same manner as set forth in subdivision five of this section for the
promulgation of final freshwater wetlands maps. In addition, at the time
notice is provided pursuant to subdivision five of this section, the
commissioner shall update any digital image of the map posted on the
department's website to reflect such readjustment] AT ANY TIME TO MORE
ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
[7.] 2. Except as provided in subdivision [eight] THREE of this
section, the commissioner may, upon [his] THEIR own initiative, and
shall, upon a written request by a landowner whose land or a portion
thereof may be included within a wetland, or upon the written request of
S. 8008--A 76 A. 9008--A
another person or persons or an official body whose interests are shown
to be affected, cause to be delineated [more precisely] the boundary
line or lines of a freshwater wetland or a portion thereof. [Such more
precise delineation of a freshwater wetland boundary line or lines shall
be of appropriate scale and sufficient clarity to permit the ready iden-
tification of individual buildings and of other major man-made struc-
tures or facilities or significant geographical features with respect to
the boundary of any freshwater wetland.] The commissioner shall under-
take to delineate the boundary of a particular wetland or wetlands, or a
particular part of the boundary thereof only upon a showing by the
applicant therefor of good cause for such [more precise] delineation and
the establishment of such [more precise] line.
[8.] 3. The supervision of the maintenance of any freshwater wetlands
map or portion thereof applicable to wetlands within the Adirondack
park, the readjustment and precise delineation of wetland boundary lines
and the other functions and duties ascribed to the commissioner by
subdivisions [six and seven] ONE AND TWO of this section shall be
performed by the Adirondack park agency, which shall make such maps
available [for public inspection and examination at its headquarters] ON
THE AGENCY'S WEBSITE.
§ 5. Subdivisions 1 and 4 of section 24-0701 of the environmental
conservation law, subdivision 1 as amended by chapter 654 of the laws of
1977 and subdivision 4 as amended by chapter 697 of the laws of 1979,
are amended to read as follows:
1. [After issuance of the official freshwater wetlands map of the
state, or of any selected section or region thereof, any] ANY person
desiring to conduct ACTIVITIES on freshwater wetlands [as so designated
thereon any of the regulated activities set forth in subdivision two of
this section], OR THE REGULATED AREAS ADJACENT TO THESE WETLANDS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION, must obtain a permit as
provided in this title.
4. [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
ers and other landowners in grazing and watering livestock, making
reasonable use of water resources, harvesting natural products of the
wetlands, selectively cutting timber, draining land or wetlands for
growing agricultural products and otherwise engaging in the use of
wetlands or other land for growing agricultural products shall be
excluded from regulated activities and shall not require a permit under
subdivision one [hereof] OF THIS SECTION, except that structures not
required for enhancement or maintenance of the agricultural productivity
of the land and any filling activities shall not be excluded hereunder,
and provided that the use of land [designated as a freshwater wetland
upon the freshwater wetlands map at the effective date thereof] THAT
MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF THIS
ARTICLE for uses other than those referred to in this subdivision shall
be subject to the provisions of this article. ALL ACTIVITIES ON LANDS
THAT MEET THE DEFINITION OF A FRESHWATER WETLAND SHALL BE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE ONCE AGRICULTURAL ACTIVITIES CEASE.
§ 6. Subdivision 5 of section 24-0703 of the environmental conserva-
tion law, as amended by section 38 of part D of chapter 60 of the laws
of 2012, is amended to read as follows:
5. [Prior to the promulgation of the final freshwater wetlands map in
a particular area and the implementation of a freshwater wetlands
protection law or ordinance, no person shall conduct, or cause to be
conducted, any activity for which a permit is required under section
24-0701 of this title on any freshwater wetland unless he has obtained a
S. 8008--A 77 A. 9008--A
permit from the commissioner under this section.] Any person may inquire
of the department as to whether or not a given parcel of land [will be
designated] INCLUDES a freshwater wetland subject to regulation OR A
REGULATED FRESHWATER WETLAND ADJACENT AREA. The department shall give a
definite answer in writing within [thirty] SIXTY days of such request as
to [whether] THE STATUS OF such parcel [will or will not be so desig-
nated]. Provided that, in the event that weather or ground conditions
prevent the department from making a determination within [thirty] SIXTY
days, it may extend such period until a determination can be made. Such
answer in the affirmative shall be reviewable; such an answer in the
negative shall be a complete defense to the enforcement of this article
as to such parcel of land FOR A PERIOD OF FIVE YEARS FROM THE DATE THE
DEPARTMENT ISSUES THE NEGATIVE ANSWER. [The commissioner may by regu-
lation adopted after public hearing exempt categories or classes of
wetlands or individual wetlands which he determines not to be critical
to the furtherance of the policies and purposes of this article.]
§ 7. Subdivision 1 of section 24-0901 of the environmental conserva-
tion law, as added by chapter 614 of the laws of 1975, is amended to
read as follows:
1. [Upon completion of the freshwater wetlands map, the] THE commis-
sioner shall confer with local government officials in each region in
which the inventory has been conducted to establish a program for the
protection of the freshwater wetlands of the state.
§ 8. Subdivisions 1 and 5 of section 24-0903 of the environmental
conservation law, as added by chapter 614 of the laws of 1975, are
amended to read as follows:
1. [Upon completion of the freshwater wetlands map of the state, or of
any selected section or region thereof, the] THE commissioner shall
[proceed to] classify freshwater wetlands so designated thereon accord-
ing to their most appropriate uses, in light of the values set forth in
section 24-0105 of this article and the present conditions of such
wetlands. The commissioner shall determine what uses of such wetlands
are most compatible with the foregoing and shall prepare minimum land
use regulations to permit only such compatible uses. The classifications
may cover freshwater wetlands in more than one governmental subdivision.
Permits pursuant to section 24-0701 of this article are required whether
or not a classification has been promulgated.
5. Prior to the adoption of any land use regulations governing fresh-
water wetlands, the commissioner shall hold a public hearing thereon in
the area in which the affected freshwater wetlands are located, and give
fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
OR BY publication at least once in a newspaper having general circu-
lation in the area of the local government involved. The commissioner
shall promulgate the regulations within thirty days of such hearing and
POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish such order [at
least once] in a newspaper having general circulation in the area of the
local government affected and make such plan available for public
inspection and review; such order shall not take effect until thirty
days after the filing thereof with the clerk of the county in which such
wetland is located.
§ 9. Section 24-1305 of the environmental conservation law, as added
by chapter 771 of the laws of 1976, is amended to read as follows:
§ 24-1305. Applicability.
The provisions of this article shall not apply to any land use,
improvement or development for which final approval shall have been
obtained prior to the effective date of this article from the local
S. 8008--A 78 A. 9008--A
governmental authority or authorities having jurisdiction over such land
use. As used in this section, the term "final approval" shall mean[:
(a) in the case of the subdivision of land, conditional approval of a
final plat as the term is defined in section two hundred seventy-six of
the town law, and approval as used in section 7-728 of the village law
and section thirty-two of the general cities law;
(b) in the case of a site plan not involving the subdivision of land,
approval by the appropriate body or office of a city, village or town of
the site plan; and
(c) in those cases not covered by subdivision (a) or (b) above,] the
issuance of a building permit or other authorization for the commence-
ment of the use, improvement or development for which such permit or
authorization was issued or in those local governments which do not
require such permits or authorizations, the actual commencement of the
use, improvement or development of the land.
§ 10. Subdivision 2 of section 34-0104 of the environmental conserva-
tion law, as added by chapter 841 of the laws of 1981, is amended to
read as follows:
2. Upon completion of a preliminary identification of an erosion
hazard area, the commissioner or [his] THEIR designated hearing officer
shall hold a public hearing in a place reasonably accessible to resi-
dents of the affected area in order to afford an opportunity for any
person to propose changes in such preliminary identification. The
commissioner shall [give notice of such hearing to each owner of record,
as shown on the latest completed tax assessment rolls, of lands included
within such area, and also to the chief executive officer and clerk of
each local government within the boundaries of which any portion of such
area may be located, by certified mail at least thirty days prior to the
date set for such hearing, and shall insure] ENSURE that a copy of the
preliminary identification is available for public inspection at a
convenient location [in such local government]. The commissioner shall
also cause notice of such hearing to be published at least once, not
more than thirty days nor fewer than ten days before the date set for
such hearing, in at least one newspaper having general circulation in
the area involved and in the environmental notice publication provided
for under section 3-0306 of this chapter.
§ 11. Subdivision 3 of section 34-0104 of the environmental conserva-
tion law, as added by chapter 841 of the laws of 1981, is amended to
read as follows:
3. After considering the testimony given at such hearings and the
potential erosion hazard in accordance with the purposes and policies of
this article, and after consultation with affected local governments,
the commissioner shall issue the final identification of the erosion
hazard areas. Such final identification shall not be made less than
sixty days from the date of the public hearing required by subdivision
two hereof. A copy of such final identification shall be filed in the
office of the clerk of each local government in which such area or any
portion thereof is located. Notice [that such final identification has
been made shall be given each owner of lands included within the erosion
hazard area, as such ownership is shown on the latest completed tax
assessment rolls, by certified mail in any case where a notice by certi-
fied mail was not sent pursuant to subdivision two of this section, and
in all other cases by first class mail. Such notice] shall also be given
at such time to the chief executive officer of each local government
within the boundaries of which such erosion hazard area or any portion
thereof is located.
S. 8008--A 79 A. 9008--A
§ 12. Subdivision 8 of section 70-0117 of the environmental conserva-
tion law, as added by section 1 of part AAA of chapter 59 of the laws of
2009, is amended to read as follows:
8. (a) All persons required to obtain a permit from the department
pursuant to section 24-0701 of this chapter shall submit to the depart-
ment an application fee in an amount not to exceed the following:
(i) [fifty] ONE HUNDRED dollars per application for a [permit for a
minor project as defined in this article or] modification to any exist-
ing permit issued pursuant to section 24-0701 of this chapter;
(ii) [fifty] THREE HUNDRED dollars per application for [a permit for a
residential project defined as associated with] one NEW single family
dwelling and customary appurtenances thereto;
(iii) [one] FIVE hundred dollars per application for NEW MULTIPLE
SINGLE FAMILY DWELLINGS, NEW multiple family dwelling and customary
appurtenances thereto;
(iv) [two] ONE THOUSAND DOLLARS PER APPLICATION FOR NEW COMMERCIAL OR
INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
(V) ONE hundred dollars per application for a permit for any other
project as defined in this article.
(b) All persons required to obtain a permit from the department pursu-
ant to section 25-0402 of this chapter shall submit to the department an
application fee in an amount not to exceed the following:
(i) [two] THREE hundred dollars per application for a permit for a
minor project as defined in this article or modification to any existing
permit issued pursuant to section 25-0402 of this chapter;
(ii) [nine hundred] TWO THOUSAND DOLLARS PER APPLICATION FOR SUBDIVI-
SION OF LAND OR NEW COMMERCIAL OR INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
(III) ONE THOUSAND dollars per application for a permit for a project
as defined in this article.
(c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
subdivision shall be deposited [into the environmental protection fund
pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
OF THE CONSERVATION FUND. FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION SHALL BE DEPOSITED TO THE CREDIT OF THE MARINE
RESOURCES ACCOUNT OF THE CONSERVATION FUND.
(D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
REQUIRED FOR ANY STATE DEPARTMENT.
§ 13. Subdivisions 1 and 2 of section 71-2303 of the environmental
conservation law, as amended by chapter 99 of the laws of 2010, are
amended to read as follows:
1. [Administrative] CIVIL sanctions. A. Any person who violates, diso-
beys or disregards any provision of article twenty-four, including title
five and section 24-0507 thereof or any rule or regulation, local law or
ordinance, permit or order issued pursuant thereto, shall be liable to
the people of the state for a civil penalty of not to exceed eleven
thousand dollars for every such violation, to be assessed, after a hear-
ing or opportunity to be heard upon due notice and with the rights to
specification of the charges and representation by counsel at such hear-
ing, by the commissioner or local government OR IN AN ACTION INITIATED
BY THE ATTORNEY GENERAL PURSUANT TO SECTION 71-2305 OF THIS TITLE OR ON
THE ATTORNEY GENERAL'S OWN INITIATIVE. EACH VIOLATION SHALL BE A SEPA-
RATE AND DISTINCT VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION,
EACH DAY'S CONTINUANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT
VIOLATION. Such penalty ASSESSED BY THE COMMISSIONER OR LOCAL GOVERNMENT
may be recovered in an action brought by the attorney general at the
request and in the name of the commissioner or local government in any
S. 8008--A 80 A. 9008--A
court of competent jurisdiction. Such civil penalty may be released or
compromised by the commissioner or local government before the matter
has been referred to the attorney general; and where such matter has
been referred to the attorney general, any such penalty may be released
or compromised and any action commenced to recover the same may be
settled and discontinued by the attorney general with the consent of the
commissioner or local government. In addition, the commissioner or local
government shall have power, following a hearing held in conformance
with the procedures set forth in section 71-1709 of this article, to
direct the violator to cease [his violation of] VIOLATING the act and to
restore the affected freshwater wetland to its condition prior to the
violation, insofar as that is possible within a reasonable time and
under the supervision of the commissioner or local government. Any such
order of the commissioner or local government shall be enforceable in an
action brought by the attorney general at the request and in the name of
the commissioner or local government in any court of competent jurisdic-
tion. Any civil penalty or order issued by the commissioner or local
government pursuant to this subdivision shall be reviewable in a
proceeding pursuant to article seventy-eight of the civil practice law
and rules.
B. UPON DETERMINING THAT SIGNIFICANT DAMAGE TO THE FUNCTIONS AND BENE-
FITS OF A FRESHWATER WETLAND IS OCCURRING OR IS IMMINENT AS A RESULT OF
ANY VIOLATION OF ARTICLE TWENTY-FOUR OF THIS CHAPTER, INCLUDING BUT NOT
LIMITED TO (I) ACTIVITY TAKING PLACE REQUIRING A PERMIT UNDER ARTICLE
TWENTY-FOUR OF THIS CHAPTER BUT FOR WHICH NO PERMIT HAS BEEN GRANTED OR
(II) FAILURE ON THE PART OF A PERMITTEE TO ADHERE TO PERMIT CONDITIONS,
THE COMMISSIONER OR LOCAL GOVERNMENT SHALL HAVE POWER TO DIRECT THE
VIOLATOR TO CEASE AND DESIST FROM VIOLATING THE ACT. IN SUCH CASES THE
VIOLATOR SHALL BE PROVIDED AN OPPORTUNITY TO BE HEARD WITHIN TEN DAYS OF
RECEIPT OF THE NOTICE TO CEASE AND DESIST.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-four of this chapter, including any rule or regulation, local
law or ordinance, permit or order issued pursuant thereto, shall, in
addition, for the first offense, be guilty of a violation punishable by
a fine of not less than two thousand nor more than [four] FIVE thousand
dollars; for a second and each subsequent offense he shall be guilty of
a misdemeanor punishable by a fine of not less than four thousand nor
more than [seven] TEN thousand dollars or a term of imprisonment of not
less than fifteen days nor more than six months or both. [Instead of] IN
ADDITION TO these punishments, any offender may be punishable by being
ordered by the court to restore the affected freshwater wetland to its
condition prior to the offense, insofar as that is possible. The court
shall specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the commissioner or
local government. Each offense shall be a separate and distinct offense
and, in the case of a continuing offense, each day's continuance thereof
shall be deemed a separate and distinct offense.
§ 14. Subdivision 1 of section 71-2305 of the environmental conserva-
tion law, as added by chapter 614 of the laws of 1975, is amended to
read as follows:
1. The attorney general, upon [his] THEIR own initiative or upon
complaint of the commissioner or local government, shall prosecute
persons alleged to have violated [any such order of the commissioner or
local government pursuant to] article twenty-four OF THIS CHAPTER.
S. 8008--A 81 A. 9008--A
§ 15. The title heading of title 25 of article 71 of the environmental
conservation law, as added by chapter 182 of the laws of 1975, is
amended to read as follows:
ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
§ 16. Section 71-2501 of the environmental conservation law, as added
by chapter 182 of the laws of 1975, is amended to read as follows:
§ 71-2501. Applicability of this title.
The provisions of this title shall be applicable to the enforcement of
article twenty-five AND ARTICLE THIRTY-FOUR.
§ 17. Section 71-2503 of the environmental conservation law, as
amended by chapter 666 of the laws of 1989, is amended to read as
follows:
§ 71-2503. Violation; penalties.
1. Administrative sanctions.
a. Any person who violates, disobeys or disregards any provision of
article twenty-five INCLUDING ANY RULE OR REGULATION, LOCAL LAW OR ORDI-
NANCE, PERMIT OR ORDER ISSUED PURSUANT THERETO, OR ARTICLE THIRTY-FOUR
shall be liable to the people of the state for a civil penalty of not to
exceed ten thousand dollars for every such violation, to be assessed,
after a hearing or opportunity to be heard, by the commissioner. Each
violation shall be a separate and distinct violation and, in the case of
a continuing violation, each day's continuance thereof shall be deemed a
separate and distinct violation. The penalty may be recovered in an
action brought by the commissioner in any court of competent jurisdic-
tion. Such civil penalty may be released or compromised by the commis-
sioner before the matter has been referred to the attorney general; and
where such matter has been referred to the attorney general, any such
penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the commissioner.
b. Upon determining that significant damage to the functions and bene-
fits of tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
is imminent as a result of any violation of article twenty-five OR ARTI-
CLE THIRTY-FOUR, including but not limited to (i) activity taking place
requiring a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
for which no permit has been granted or (ii) failure on the part of a
permittee to adhere to permit conditions, the [commissioner] DEPARTMENT
shall have power to direct the violator to cease and desist from violat-
ing the act. In such cases the violator shall be provided an opportunity
to be heard within ten days of receipt of the notice to cease and
desist.
c. Following a hearing held pursuant to section 71-1709 of this arti-
cle, the commissioner shall have power to direct the violator to cease
and desist from violating the act and to restore the affected tidal
wetland or area immediately adjacent thereto OR COASTAL EROSION HAZARD
AREA to its condition prior to the violation, insofar as that is possi-
ble within a reasonable time and under the supervision of the commis-
sioner. Any order of the commissioner shall be enforceable in an action
brought by the commissioner in any court of competent jurisdiction. Any
civil penalty or order issued by the commissioner under this subdivision
shall be reviewable in a proceeding under article seventy-eight of the
civil practice law and rules.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
offense, be guilty of a violation punishable by a fine of not less than
S. 8008--A 82 A. 9008--A
five hundred nor more than five thousand dollars; for a second and each
subsequent offense such person shall be guilty of a misdemeanor punisha-
ble by a fine of not less than one thousand nor more than ten thousand
dollars or a term of imprisonment of not less than fifteen days nor more
than six months or both. In addition to or instead of these punishments,
any offender shall be punishable by being ordered by the court to
restore the affected tidal wetland or area immediately adjacent thereto
OR COASTAL EROSION HAZARD AREA to its condition prior to the offense,
insofar as that is possible. The court shall specify a reasonable time
for the completion of the restoration, which shall be effected under the
supervision of the commissioner. Each offense shall be a separate and
distinct offense and, in the case of a continuing offense, each day's
continuance thereof shall be deemed a separate and distinct offense.
3. The proceeds of any penalty or fine assessed under this section
shall be deposited to the credit of the marine resources account of the
conservation fund.
§ 18. Section 71-2505 of the environmental conservation law, as
amended by chapter 249 of the laws of 1997, is amended to read as
follows:
§ 71-2505. Enforcement.
The attorney general, on [his] THEIR own initiative or at the request
of the commissioner, shall prosecute persons who violate article twen-
ty-five OR ARTICLE THIRTY-FOUR. In addition the attorney general, on
[his] THEIR own initiative or at the request of the commissioner, shall
have the right to recover a civil penalty of up to ten thousand dollars
for every violation of any provision of such [article] ARTICLES, and to
seek equitable relief to restrain any violation or threatened violation
of such [article] ARTICLES and to require the restoration of any
affected tidal wetland or area immediately adjacent thereto OR COASTAL
EROSION HAZARD AREA to its condition prior to the violation, insofar as
that is possible, within a reasonable time and under the supervision of
the commissioner. In the case of a continuing violation, each day's
continuance thereof shall be deemed a separate and distinct violation.
§ 19. Section 71-2507 of the environmental conservation law, as added
by chapter 182 of the laws of 1975, is amended to read as follows:
§ 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREAS.
Where any tidal wetlands OR COASTAL EROSION HAZARD AREAS are subject
to pollution, the commissioner and attorney general shall take all
appropriate action to abate the pollution. In addition, the commissioner
may restrict or order cessation of solid waste disposal, deep well
disposal, or liquid waste disposal where such is polluting a given area
of tidal wetland OR COASTAL EROSION HAZARD AREA. Where pesticides, chem-
ical products, or fertilizer residues are the polluting agents, the
commissioner shall confer with other appropriate public officials to
limit the use of such substances at their source; after appropriate
consultations, the commissioner may make such rules and regulations as
[he deems] THEY DEEM necessary under section 3-0301 of [the environ-
mental conservation law] THIS CHAPTER.
§ 20. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven and eight of this act shall
take effect January 1, 2025.
PART RR
Section 1. Legislative intent. The legislature finds the amount of
waste generated in New York is a threat to the environment. The legisla-
S. 8008--A 83 A. 9008--A
ture further finds and declares that it is in the public interest of the
state of New York for packaging and paper products producers to take
responsibility for the development and implementation of strategies to
promote reduction, reuse, recovery, and recycling of covered materials
and products through investments in the end-of-product-life management
of printed paper and product packaging.
§ 2. Article 27 of the environmental conservation law is amended by
adding a new title 33 to read as follows:
TITLE 33
EXTENDED PRODUCER RESPONSIBILITY ACT
SECTION 27-3301. DEFINITIONS.
27-3303. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND
PAPER PRODUCTS PROGRAM.
27-3305. ADVISORY COMMITTEE.
27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
27-3309. REPORTING REQUIREMENTS AND AUDITS.
27-3311. ANTITRUST PROTECTIONS.
27-3313. PENALTIES.
27-3315. STATE PREEMPTION.
27-3317. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
27-3319. EXTENDED PRODUCER RESPONSIBILITY REPORTING TO THE
GOVERNOR AND LEGISLATURE.
27-3321. SEVERABILITY.
§ 27-3301. DEFINITIONS.
WHEN USED IN THIS TITLE:
1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES A PROD-
UCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE OWNER
OF THE BRAND.
2. "CONSUMER" MEANS ANY PERSON LOCATED IN THE STATE, WHO OWNS OR USES
PACKAGING AND PAPER PRODUCTS, INCLUDING, BUT NOT LIMITED TO, A PERSON
RESIDING IN A SINGLE OR MULTI-FAMILY RESIDENTIAL UNIT, A SCHOOL, STATE
OR LOCAL AGENCY, BUSINESS, OR INSTITUTION.
3. "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
4. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" MEANS A PROGRAM FINANCED
AND IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR COLLECTIVELY
THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION, THAT PROVIDES FOR, BUT
IS NOT LIMITED TO, THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING,
PROPER END-OF-LIFE MANAGEMENT, OR AN APPROPRIATE COMBINATION THEREOF, OF
UNWANTED PACKAGING AND PAPER PRODUCTS.
5. "PACKAGING AND PAPER PRODUCTS" COVERED BY THIS TITLE INCLUDE, BUT
ARE NOT LIMITED TO, THE FOLLOWING:
(A) PACKAGING MEANS ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF
RECYCLABILITY OR COMPOSTABILITY, INCLUDING, BUT NOT LIMITED TO, SUCH
MATERIAL TYPES AS PAPER, PLASTIC, GLASS, OR METAL, THAT IS USED:
(I) FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, SERVING, AND
PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO
CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION;
(II) AS SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET;
(III) AS TERTIARY PACKAGING USED FOR TRANSPORTATION OR DISTRIBUTION
DIRECTLY TO A CONSUMER OR RETAILER; OR
(IV) FOR A SINGLE OR SHORT-TERM USE.
(B) PAPER PRODUCTS MEANS:
(I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOUND BOOKS;
S. 8008--A 84 A. 9008--A
(II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY
TO THE ULTIMATE CONSUMER OR RECIPIENT; OR
(III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: FLYERS;
BROCHURES; BOOKLETS; CATALOGS; TELEPHONE DIRECTORIES; PAPER FIBER; CARD-
BOARD; AND PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
(C) FOR THE PURPOSE OF THIS TITLE, THE PACKAGING AND PAPER PRODUCTS
COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING:
(I) PACKAGING OR PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY
TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE;
(II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS;
(III) NEWSPAPERS, MAGAZINES, AND PERIODICALS;
(IV) BEVERAGE CONTAINERS, AS DEFINED IN SECTION 27-1003 OF THIS ARTI-
CLE ON WHICH A DEPOSIT IS REQUIRED TO BE INITIATED;
(V) PACKAGING THAT IS USED EXCLUSIVELY IN INDUSTRIAL OR MANUFACTURING
PROCESSES;
(VI) MEDICAL DEVICES AND PACKAGING, OR PAPER USED TO CONTAIN AND WHICH
ARE INCLUDED WITH PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE OR
DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E)
OF 21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT HEALTH
AND EDUCATION ACT;
(VII) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER COVERED
MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159; AND
(VIII) PACKAGING PRODUCTS USED TO CONTAIN, AND PAPER PRODUCTS WHICH
ARE INCLUDED WITH, SUBSTANCES HAZARDOUS TO THE ENVIRONMENT, REGULATED
PURSUANT TO SECTION 37-0103 OF THIS CHAPTER, OR PACKAGING PRODUCTS REGU-
LATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7
U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR REGU-
LATION.
6. "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, LOCAL PUBLIC
AUTHORITY OR BENEFIT CORPORATION, OR SOLID WASTE MANAGEMENT DISTRICT
WITHIN THE STATE OF NEW YORK.
7. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT
MADE OF RECYCLED MATERIALS DERIVED FROM POST-CONSUMER RECYCLED MATERIALS
OR FEEDSTOCK.
8. (A) "PRODUCER" MEANS AN ENTITY THAT SHALL BE DETERMINED TO BE THE
PRODUCER, FOR THE PURPOSES OF THIS TITLE, BASED ON THE FOLLOWING HIERAR-
CHY:
(I) THE PERSON WHO MANUFACTURES THE PACKAGING OR PAPER PRODUCT UNDER
SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE THE
PACKAGING OR PAPER PRODUCT IN THE STATE; OR
(II) THE PERSON WHO IMPORTS THE PACKAGING OR PAPER PRODUCT AS THE
OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE PACKAGING OR
PAPER PRODUCTS ARE SOLD OR DISTRIBUTED IN THE STATE; OR
(III) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIB-
UTES THE PACKAGING OR PAPER PRODUCT IN THE STATE.
(B) FOR PURPOSES OF THIS TITLE, A PRODUCER SHALL NOT INCLUDE THOSE
THAT:
(I) GENERATE LESS THAN ONE MILLION DOLLARS IN ANNUAL GROSS REVENUE;
(II) GENERATE LESS THAN ONE TON OF PACKAGING AND PAPER PRODUCTS
SUPPLIED TO NEW YORK STATE CONSUMERS PER YEAR;
(III) OPERATE AS A SINGLE POINT OF RETAIL SALE AND ARE NOT SUPPLIED OR
OPERATED AS PART OF A FRANCHISE; OR
S. 8008--A 85 A. 9008--A
(IV) ARE A MUNICIPALITY OR A LOCAL GOVERNMENT PLANNING UNIT, OR A
REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE
ORGANIZATION.
(C) IF MORE THAN ONE PERSON IS A PRODUCER OF A BRAND OF PACKAGING OR
PAPER PRODUCT, ANY SUCH PERSON MAY ASSUME RESPONSIBILITY FOR OBLIGATIONS
OF A PRODUCER OF THAT BRAND UNDER THIS TITLE. IF NONE OF THOSE PERSONS
ASSUME RESPONSIBILITY FOR THE OBLIGATIONS OF A PRODUCER UNDER THIS
TITLE, ANY AND ALL SUCH PERSONS JOINTLY AND SEVERALLY MAY BE CONSIDERED
THE RESPONSIBLE PRODUCER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
9. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT
ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON
BEHALF OF EACH PARTICIPATING PRODUCER TO DEVELOP AND IMPLEMENT A PRODUC-
ER RESPONSIBILITY PROGRAM. TO THE EXTENT APPLICABLE, A PRODUCER RESPON-
SIBILITY ORGANIZATION SHALL HAVE A GOVERNING BOARD THAT REPRESENTS THE
DIVERSITY OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES, AND
SUCH BOARD SHALL INCLUDE NON-VOTING MEMBERS REPRESENTING A DIVERSITY OF
MATERIAL TRADE ASSOCIATIONS.
10. "READILY-RECYCLABLE" MEANS PACKAGING THAT CAN BE SORTED BY ENTI-
TIES PROCESSING RECYCLABLES FROM NEW YORK AND FOR WHICH, DURING THE
PREVIOUS TWO CALENDAR YEARS, THERE WAS A CONSISTENT MARKET, MEANING
RECYCLERS WERE WILLING TO PAY FOR FULLY SORTED MATERIAL AT THE DOOR OF
THEIR FACILITIES IN QUANTITIES EQUAL TO OR IN EXCESS OF MATERIAL SUPPLY.
THIS DOES NOT INCLUDE MATERIAL TYPES THAT RECYCLERS ACCEPT IN LOW QUAN-
TITIES OR SORT OUT OF MATERIAL DURING ADDITIONAL PROCESSING STEPS; IF
MATERIAL RECYCLERS DO NOT DESIRE A FULL BALE OF A SPECIFIC MATERIAL
TYPE, THAT MATERIAL TYPE IS NOT READILY-RECYCLABLE.
11. "RECOVERY RATE" MEANS THE AMOUNT OF PACKAGING OR PAPER PRODUCTS
COLLECTED AND RECOVERED FOR REUSE OR RECYCLING OVER A PROGRAM YEAR BY
MATERIAL TYPE, DIVIDED BY THE AMOUNT OF PACKAGING OR PAPER PRODUCTS SOLD
INTO THE STATE, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
12. "RECYCLING" MEANS THE PROCESSING OF SOURCE-SEPARATED PACKAGING AND
PAPER PRODUCTS TO PRODUCE A MARKETABLE PRODUCT OR SECONDARY RAW MATERI-
AL. RECYCLING DOES NOT INCLUDE THERMAL TREATMENT PROCESSES THAT PRODUCE
FUEL OR FUEL PRODUCTS WITHOUT SUBSTANTIAL PRODUCTION OF A MARKETABLE
NON-FUEL PRODUCT OR SECONDARY RAW MATERIAL.
13. "RECYCLING COLLECTION" MEANS A RECYCLING PROGRAM THAT SERVES RESI-
DENTIAL UNITS, SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR
INSTITUTIONS, WHERE SUCH SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES,
BUSINESSES, OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT
WITH A MUNICIPALITY BY A MUNICIPALITY OR A PRIVATE SECTOR HAULER AS OF
THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS OPERATED
BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE MUNICIPALITY,
PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED LOCAL
SOLID WASTE MANAGEMENT PLANS.
14. "RECYCLING RATE" MEANS THE AMOUNT OF DISCARDED PACKAGING AND PAPER
PRODUCTS THAT IS MANAGED THROUGH RECYCLING, AS DEFINED BY THIS TITLE,
AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED PACKAGING AND PAPER
PRODUCTS COLLECTED AND RECYCLED, BY MATERIAL TYPE, BY THE TOTAL AMOUNT
OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED OVER A PROGRAM YEAR,
BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
15. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE A PRODUCT
TO A CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO
BE DELIVERED TO A CONSUMER IN THE STATE.
16. "REUSE" MEANS RETURNING, DONATING OR SELLING A DISCARDED PACKAGING
OR PAPER PRODUCT BACK INTO THE MARKET FOR ITS ORIGINAL INTENDED USE,
S. 8008--A 86 A. 9008--A
WHEN THE DISCARDED PACKAGING OR PAPER PRODUCT RETAINS ITS ORIGINAL
PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS ORIGINAL PURPOSE.
§ 27-3303. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND PAPER
PRODUCTS PROGRAM.
1. (A) BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A STATEWIDE NEEDS
ASSESSMENT CONDUCTED BY A THIRD-PARTY ORGANIZATION SELECTED BY THE
DEPARTMENT, SHALL BE SUBMITTED TO THE DEPARTMENT.
(B) THE STATEWIDE NEEDS ASSESSMENT SHALL BE RETROACTIVELY FUNDED BY
THE PRODUCERS OR PRODUCER RESPONSIBILITY ORGANIZATION.
(C) THE STATEWIDE NEEDS ASSESSMENT SHALL INCLUDE AN EVALUATION OF THE
CAPACITY, COSTS, GAPS, AND NEEDS FOR THE FOLLOWING FACTORS:
(I) CURRENT FUNDING NEEDS, BOTH OPERATIONAL AND CAPITAL, IMPACTING
RECYCLING ACCESS AND AVAILABILITY;
(II) EXISTING STATE STATUTORY PROVISIONS AND FUNDING SOURCES FOR RECY-
CLING, REUSE, REDUCTION, AND RECOVERY;
(III) THE COLLECTION AND HAULING SYSTEM FOR RECYCLABLE MATERIALS IN
THE STATE;
(IV) THE PROCESSING CAPACITY AND INFRASTRUCTURE FOR RECYCLABLE MATERI-
ALS IN THE STATE AND REGIONALLY AND IDENTIFYING NECESSARY CAPITAL
INVESTMENTS TO EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE;
(V) THE MARKET CONDITIONS AND OPPORTUNITIES FOR RECYCLABLE AND REUS-
ABLE MATERIALS IN THE STATE AND REGIONALLY;
(VI) CONSUMER EDUCATION NEEDS FOR RECYCLING, REUSE, AND REDUCTION OF
COVERED MATERIALS AND PRODUCTS;
(VII) CURRENT STATE PACKAGING AND PAPER PRODUCT RECOVERY RATES, RECY-
CLING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE;
(VIII) ACCOUNTING OF GREENHOUSE GAS EMISSIONS ASSOCIATED WITH
COLLECTION, PROCESSING, AND MARKETING OF PACKAGING AND PAPER PRODUCTS;
(IX) AN EVALUATION OF STATE AND REGIONALLY ACCEPTED RECYCLING PRAC-
TICES THAT CONSTITUTE LEGITIMATE RECYCLING; AND
(X) CURRENT BARRIERS AFFECTING THE EQUITABLE ACCESS TO RECYCLING OR
REUSE PROGRAMS.
2. BY JUNE FIRST, TWO THOUSAND TWENTY-THREE, AN ADVISORY COMMITTEE
SHALL BE ESTABLISHED AND BEGIN PERFORMING ITS OBLIGATIONS PURSUANT TO
SECTION 27-3305 OF THIS TITLE.
3. (A) BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY
PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A PRODUCER RESPONSI-
BILITY PROGRAM PLAN DEVELOPED IN CONSULTATION WITH THE ADVISORY COMMIT-
TEE TO THE DEPARTMENT FOR APPROVAL. A PRODUCER MAY SATISFY ITS OBLI-
GATIONS UNDER THIS TITLE INDIVIDUALLY OR THROUGH A PRODUCER
RESPONSIBILITY ORGANIZATION.
(B) ANY PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR ANY PRODUCER RESPONSIBILITY ORGANIZATION, SHALL
BEGIN PROGRAM IMPLEMENTATION WITHIN SIX MONTHS AFTER THE DATE THE PLAN
IS APPROVED, BUT NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX.
4. ANY PERSON THAT BECOMES A PRODUCER AFTER APRIL FIRST, TWO THOUSAND
TWENTY-FIVE, SHALL SUBMIT AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM PLAN WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTATION WITHIN
SIX MONTHS OF PLAN APPROVAL, OR JOIN A PRODUCER RESPONSIBILITY ORGANIZA-
TION.
5. BY APRIL FIRST, TWO THOUSAND TWENTY-SIX, NO PRODUCER SHALL SELL,
OFFER FOR SALE, OR DISTRIBUTE PACKAGING OR PAPER PRODUCTS FOR USE IN NEW
YORK UNLESS THE PRODUCER, OR ITS DESIGNATED PRODUCER RESPONSIBILITY
ORGANIZATION, HAS SUBMITTED A PRODUCER RESPONSIBILITY PROGRAM PLAN TO
THE DEPARTMENT FOR APPROVAL.
S. 8008--A 87 A. 9008--A
6. TO ADDRESS PROGRAM PERFORMANCE, PRODUCERS SHALL BE REQUIRED TO
EVALUATE HOW THEY ARE MEETING THE MINIMUM POST-CONSUMER RECYCLED CONTENT
RATE, MINIMUM RECOVERY RATE, AND MINIMUM RECYCLING RATE FOR PACKAGING
AND PAPER MATERIAL TYPES, AS RECOMMENDED BY THE ADVISORY COMMITTEE, AND
ADOPTED BY THE DEPARTMENT IN REGULATION.
7. NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE PACKAGING AND
PAPER PRODUCTS FOR USE IN NEW YORK UNLESS SUCH PACKAGING OR PAPER
PRODUCTS ARE IN COMPLIANCE WITH TITLE TWO OF ARTICLE THIRTY-SEVEN OF
THIS CHAPTER.
8. FUNDS COLLECTED FROM PRODUCERS BY A PRODUCER RESPONSIBILITY ORGAN-
IZATION TO OPERATE THE PROGRAM PURSUANT TO THIS TITLE SHALL NOT BE USED
TO CARRY OUT LOBBYING ACTIVITIES, BRING A LAWSUIT AGAINST THE STATE,
DEFEND LITIGATION INVOLVING CLAIMS OF A PRODUCER RESPONSIBILITY ORGAN-
IZATION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, OR
FOR PAYMENT OF PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
9. NO PERSON MAY CHARGE A CONSUMER A POINT-OF-SALE OR POINT-OF-COLLEC-
TION FEE TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS
UNDER THIS TITLE.
§ 27-3305. ADVISORY COMMITTEE.
1. THE COMMISSIONER OF THE DEPARTMENT SHALL APPOINT MEMBERS TO THE
ADVISORY COMMITTEE, WHICH SHALL BE COMPRISED OF AN ODD NUMBER OF
MEMBERS, WITH AT LEAST ONE MEMBER REPRESENTING EACH OF THE FOLLOWING
DISCIPLINES, WITH EACH DISCIPLINE HAVING EQUAL REPRESENTATION:
(A) AN ASSOCIATION REPRESENTING MUNICIPALITIES AND AN ADDITIONAL
MUNICIPAL REPRESENTATIVE FROM A CITY WITH A POPULATION OF ONE MILLION OR
MORE RESIDENTS;
(B) A MUNICIPALITY OPERATING A RECYCLING PROGRAM;
(C) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
(D) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY OR ORGAN-
IZATION;
(E) A STATEWIDE WASTE DISPOSAL ASSOCIATION;
(F) A RECYCLABLES HANDLING AND RECOVERY FACILITY LOCATED WITHIN THE
STATE OF NEW YORK;
(G) A RECYCLING COLLECTION PROVIDER;
(H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER
RECYCLED CONTENT;
(I) A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED
CONTENT;
(J) A CONSUMER ADVOCATE;
(K) A RETAIL ORGANIZATION; AND
(L) A PRODUCER OF PACKAGING PRODUCTS, PRODUCER OF PAPER PRODUCTS, AND
A REPRESENTATIVE FROM A PRODUCER RESPONSIBILITY ORGANIZA