NY State Assembly Bill A3008C

Archive: Last Bill Status Via S2508 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 19, 2021	signed chap.58
Apr 07, 2021	delivered to governor
Apr 06, 2021	returned to senate passed assembly ordered to third reading rules cal.53 substituted for a3008c
Apr 06, 2021	substituted by s2508c rules report cal.53 reported reported referred to rules
Mar 29, 2021	print number 3008c
Mar 29, 2021	amend (t) and recommit to ways and means
Mar 13, 2021	print number 3008b
Mar 13, 2021	amend (t) and recommit to ways and means
Feb 24, 2021	print number 3008a
Feb 24, 2021	amend (t) and recommit to ways and means
Jan 20, 2021	referred to ways and means

Votes

Bill Amendments

Original

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A3008 - Details

See Senate Version of this Bill:: S2508
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

A3008 - Summary

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2021-2022 state fiscal year; extends the authorization of the loan powers of the New York state urban development corporation (Part J); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part K); relates to the effectiveness of certain provisions transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation (Part M)… (view more) permits the secretary of state to provide special handling for all documents filed or issued by the division of corporations; permits additional levels of such expedited service (Part N); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part W); authorizes certain counties to permanently and temporarily convey certain easements and to temporarily alienate certain parklands to implement the Bay Park conveyance project (Part Z); extends certain brownfield credit periods that expire on or after 3/20/20 and before 12/31/21 for two years (Part AA); relates to the "Cleaner, Greener NY Act" (Part CC); relates to demonstrations and tests consisting of the operation of a motor vehicle equipped with autonomous vehicle technology and the required submission of a report relating thereto (Part GG); extends authorization for the dormitory authority to enter into certain design and construction management agreements (Part II); relates to the covered period for forbearance of residential mortgage payments (Part LL); authorizes utility and cable television assessments that provide funds to certain departments (Part WW).

A3008 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2508                                                  A. 3008
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to penalties for commercial vehicles on parkways  and
   penalties  for  overheight  vehicles  and to preventing bridge strikes
   (Part A); to amend the penal law and the vehicle and traffic  law,  in
   relation  to  transportation  worker  safety (Subpart A); to amend the
   vehicle and traffic law and the highway law, in  relation  to  highway
   clearance  (Subpart  B);  to  amend  the  vehicle  and traffic law, in
   relation to increased fines for injury to pedestrians (Subpart C); and
   to amend the vehicle and traffic law, in relation to work zone  safety
   and  outreach  (Subpart  D)  (Part B); to amend the public authorities
   law, in relation to electronic bidding (Part C); to amend  the  public
   authorities  law,  in relation to the minimum amount for a procurement
   contract (Part D); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   E);  to  amend the public authorities law, in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  F);  to  amend  the public authorities law, in relation to
   metropolitan transportation authority  capital  projects  and  utility
   relocations (Part G); to amend the public authorities law, in relation
   to  the use and occupancy of streets for transportation projects (Part

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12573-01-1

 S. 2508                             2                            A. 3008
 
   H); to amend the penal law, in relation  to  assaulting  or  harassing
   certain  employees of a transit agency or authority (Part I); to amend
   chapter 393 of the laws of 1994 amending  the  New  York  state  urban
   development  corporation  act  relating  to the powers of the New York
   state urban development corporation to  make  loans,  in  relation  to
   extending  loan powers (Part J); to amend the urban development corpo-
   ration act, in relation to extending the authority  of  the  New  York
   state  urban  development  corporation  to administer the empire state
   economic development fund (Part K); to  amend  the  multiple  dwelling
   law,  in  relation  to  temporary  rules for certain multiple dwelling
   units used as joint living-work quarters; and providing for the repeal
   of such provisions upon expiration thereof (Part L); to amend  section
   3  of  part  S  of  chapter 58 of the laws of 2016, relating to trans-
   ferring the statutory authority  for  the  promulgation  of  marketing
   orders  from the department of agriculture and markets to the New York
   state urban development corporation, in relation to the  effectiveness
   thereof  (Part  M);  to amend chapter 21 of the laws of 2003, amending
   the executive law relating to permitting the  secretary  of  state  to
   provide  special  handling  for  all  documents filed or issued by the
   division of corporations and to permit additional levels of such expe-
   dited service, in relation to the effectiveness thereof (Part  N);  to
   amend  the business corporation law, the general associations law, the
   limited liability company law, the not-for-profit corporation law, the
   partnership law and the real property law, in relation to  service  of
   process (Part O); to amend the executive law, in relation to authoriz-
   ing remote notarization (Part P); to amend the environmental conserva-
   tion  law,  the executive law, and the public service law, in relation
   to making technical amendments related  to  the  office  of  renewable
   energy  siting  (Part  Q);  in  relation to the eligibility of certain
   renewable energy credits for purposes of compliance with local  build-
   ing  emissions  requirements;  and  providing  for  the repeal of such
   provisions upon the expiration thereof (Part R); to amend  the  public
   authorities  law,  in  relation  to  powers of the New York convention
   center operating corporation (Part S); to amend part B of chapter  173
   of  the  laws of 2013 relating to the issuance of securitized restruc-
   turing bonds to refinance the outstanding  debt  of  the  Long  Island
   power  authority,  in  relation  to  the  utility  debt securitization
   authority; and in relation to permitting the issuance  of  securitized
   restructuring  bonds  to  finance system resiliency costs (Part T); to
   amend the economic development law, in relation to recharge  New  York
   power  for  eligible  small businesses and not-for-profit corporations
   (Part U); to amend the insurance law, the public authorities  law  and
   the  tax  law,  in  relation to authorizing the power authority of the
   state of New York to form a pure captive insurance company  (Part  V);
   to  authorize the energy research and development authority to finance
   a portion of its research, development and demonstration,  policy  and
   planning,  and  Fuel  NY  program,  as  well as climate change related
   expenses of the  department  of  environmental  conservation  and  the
   department  of  agriculture  and  markets'  Fuel  NY  program, from an
   assessment on gas and electric corporations (Part  W);  to  amend  the
   environmental  conservation law and the state finance law, in relation
   to hunting; and to repeal  certain  provisions  of  the  environmental
   conservation law relating thereto (Part X); to amend the environmental
   conservation  law,  in  relation  to prohibiting plastic carryout bags
   (Part Y); to authorize the county of Nassau, to permanently and tempo-
   rarily convey certain easements and to  temporarily  alienate  certain

 S. 2508                             3                            A. 3008
 
   parklands  (Subpart  A);  to  authorize  the village of East Rockaway,
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to temporarily alienate certain parklands (Subpart B); and
   to  authorize  the  village  of Rockville Centre, county of Nassau, to
   permanently and temporarily convey certain easements and to  temporar-
   ily  alienate certain parklands (Subpart C) (Part Z); to amend the tax
   law, in relation to extending certain brownfield credit  periods  that
   expire  on  or  after  3/20/20 and before 12/31/21 for two years (Part
   AA); to authorize the grant of  certain  easements  to  AlleCatt  Wind
   Energy  LLC  on  a proportion of real property within the Farmersville
   State Forest, Swift Hill State Forest, and Lost Nation State Forest in
   the  county  of  Allegany;  and  providing  for  the  repeal  of  such
   provisions  upon the expiration thereof (Part BB); to amend chapter 58
   of the laws of 2013 amending the environmental  conservation  law  and
   the  state  finance  law  relating  to the "Cleaner, Greener NY Act of
   2013", in relation to the effectiveness thereof (Part CC); in relation
   to establishing the "rail advantaged housing act" (Part DD); to  amend
   the  public authorities law, in relation to the clean energy resources
   development and incentives program (Part EE); to amend chapter 166  of
   the  laws  of  1991,  amending  the tax law and other laws relating to
   taxes, in relation to extending the expiration of  certain  provisions
   of such chapter; and to amend the vehicle and traffic law, in relation
   to  extending  the  expiration  of  the mandatory surcharge and victim
   assistance fee (Part FF); to amend the vehicle  and  traffic  law,  in
   relation  to requiring persons to use one hand while operating a motor
   vehicle, unless such vehicle is engaged to perform steering  function;
   and  to  amend  part  FF of chapter 55 of the laws of 2017 relating to
   motor  vehicles  equipped  with  autonomous  vehicle  technology,   in
   relation  to the required submission of a report on the demonstrations
   and tests of motor vehicles equipped with autonomous vehicle technolo-
   gy; and in relation to the effectiveness thereof (Part GG);  to  amend
   the  vehicle and traffic law and the state finance law, in relation to
   temporarily requiring the department of motor vehicles  to  collect  a
   one dollar convenience fee for modernization of information technology
   used  by  the  department;  and  providing  for  the  repeal  of  such
   provisions upon expiration thereof (Part HH); to amend chapter  58  of
   the  laws of 2012, amending the public health law, relating to author-
   izing the  dormitory  authority  to  enter  into  certain  design  and
   construction  management  agreements, in relation to the effectiveness
   thereof (Part II); to amend the insurance law, in  relation  to  unau-
   thorized  providers  of  health  services; and to authorize the super-
   intendent of financial services to convene a motor  vehicle  insurance
   task  force  to  examine alternatives to the no-fault insurance system
   and deliver a report relating thereto (Part JJ); to repeal section 410
   of the economic development law; and to amend the  public  authorities
   law, in relation to authorizing the department of economic development
   to  designate  centers  for  advanced technology program (Part KK); to
   amend the banking law, in relation to the forbearance  of  residential
   mortgage  payments  (Part  LL);  establishing  the  COVID-19 emergency
   eviction and foreclosure prevention for tenants and owners of  commer-
   cial  real  property  act  of  2021;  relating  to a temporary stay of
   eviction proceedings of commercial  tenants;  and  providing  for  the
   repeal  of certain provisions upon expiration thereof (Subpart A); and
   relating to a temporary stay of mortgage foreclosure  proceedings  for
   commercial or multi-family real property; and providing for the repeal
   of certain provisions upon expiration thereof (Subpart B)(Part MM); to

 S. 2508                             4                            A. 3008
 
   amend subpart H of part C of chapter 20 of the laws of 2015, appropri-
   ating  money  for certain municipal corporations and school districts,
   in relation to funding to local government  entities  from  the  urban
   development corporation (Part NN); to amend chapter 108 of the laws of
   2020, amending the public service law relating to issuing a moratorium
   on  utility termination of services during periods of pandemics and/or
   state of emergencies, in relation to making such provisions permanent;
   to amend the public service law, the public authorities  law  and  the
   general  business  law, in relation to issuing a moratorium on utility
   termination of services; and  providing  for  the  repeal  of  certain
   provisions  of  the  public service law relating thereto (Part OO); to
   amend the general obligations law, in relation to  the  discontinuance
   of  the  London interbank offered rate (Part PP); to amend the general
   business law, in relation to broadband service for low-income  consum-
   ers  (Part  QQ);  to  amend the public authorities law, in relation to
   authorizing the dormitory authority of the state of New York to  enter
   into certain loans (Part RR); to amend the New York state medical care
   facilities  finance  agency  act,  in relation to the ability to issue
   certain bonds and notes (Part SS); and to amend the economic  develop-
   ment  law and the tax law, in relation to establishing the small busi-
   ness return-to-work tax credit  program  (Subpart  A);  to  amend  the
   economic  development law and the tax law, in relation to establishing
   the restaurant return-to-work tax credit program (Subpart B);  and  to
   amend the tax law and the state finance law, in relation to establish-
   ing  the  New  York  city musical and theatrical production tax credit
   (Subpart C) (Part TT)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state  transportation,  economic  development
 and  environmental  conservation  budget  for the 2021-2022 state fiscal
 year.  Each component is wholly contained within a  Part  identified  as
 Parts  A  through  TT.  The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
 traffic law, as amended by section 1 of part B of chapter 58 of the laws
 of 2020, are amended to read as follows:
   (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-

 S. 2508                             5                            A. 3008
 
 tion on a highway or parkway of a motor vehicle registered as a  commer-
 cial  vehicle  and  having a gross vehicle weight rating of at least ten
 thousand pounds but no more than twenty-six thousand pounds shall, for a
 first  conviction thereof, be punished by a fine of not more than [three
 hundred fifty] ONE THOUSAND dollars or by imprisonment of not more  than
 fifteen  days or by both such fine and imprisonment; for a conviction of
 a second violation, both of which were  committed  within  a  period  of
 eighteen  months,  such  person  shall be punished by a fine of not more
 than [seven] ONE THOUSAND FIVE hundred dollars or  by  imprisonment  for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than  [one]  TWO  thousand  FIVE  HUNDRED
 dollars  or by imprisonment of not more than ninety days or by both such
 fine and imprisonment; provided, however, the provisions of this  subdi-
 vision  shall  not  apply  to a commercial motor vehicle as such term is
 defined in paragraph (a) of subdivision four  of  section  five  hundred
 one-a of this chapter.
   (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more  than  [seven  hundred] FIVE THOUSAND dollars or by imprisonment of
 not more than fifteen days or by both such fine and imprisonment; for  a
 conviction  of a second violation, both of which were committed within a
 period of eighteen months, such person shall be punished by  a  fine  of
 not  more than [one] SEVEN thousand five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall  be punished by a fine of not more than [two] TEN thousand dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.   THE PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18-a of section 385 of the vehicle and  traffic  law,
 as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
 amended to read as follows:
   18-a. A violation of the provisions of [subdivisions] SUBDIVISION  two
 or  fourteen  of this section, where the violation relates to the height
 of the vehicle, including a violation related to the operation, within a
 city not wholly included within one county, of a vehicle  which  exceeds
 the  limitations  provided  for in the rules and regulations of the city
 department of transportation of such city, shall be punishable by a fine
 of not more than [one] FIVE thousand dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first  offense;  by  a  fine  of not more than [two] SEVEN thousand FIVE

 S. 2508                             6                            A. 3008

 HUNDRED dollars, or by imprisonment for not more than sixty days, or  by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.    For  any violation of the
 provisions of [subdivisions] SUBDIVISION two or fourteen of this section
 where the violation relates to the height of the  vehicle,  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, the registration of the vehicle may be suspended  for
 a period not to exceed one year whether at the time of the violation the
 vehicle  was  in  charge  of  the  owner or his agent. The provisions of
 section five hundred ten of this chapter shall apply to such  suspension
 except as otherwise provided herein.
   §  3. Subdivision 54 of section 375 of the vehicle and traffic law, as
 added by chapter 11 of the laws of 2020, is amended to read as follows:
   54. Stretch limousine AND COMMERCIAL MOTOR VEHICLE commercial GPS. (a)
 Every stretch limousine AND COMMERCIAL MOTOR VEHICLE registered in  this
 state  shall be equipped with commercial global positioning system (GPS)
 technology within no later than one year of  the  date  upon  which  the
 national  highway  traffic safety administration promulgates final regu-
 lations establishing standards for commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  OR  COMMERCIAL  MOTOR VEHICLE registered in this state on any
 public highway or private road open  to  public  motor  vehicle  traffic
 unless  such  stretch  limousine OR COMMERCIAL MOTOR VEHICLE is equipped
 with commercial global positioning system (GPS) technology  as  required
 by  this subdivision and such commercial global positioning system (GPS)
 technology is used. The presence in such stretch limousine OR COMMERCIAL
 MOTOR VEHICLE of commercial global positioning system  (GPS)  technology
 connected  to a power source and in an operable condition is presumptive
 evidence of its use by any person operating such  stretch  limousine  OR
 COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any credi-
 ble  and  reliable  evidence  which  tends  to show that such commercial
 global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
   (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
 seating  capacity  of  nine  or  more  passengers, including the driver,
 commonly referred to as a "stretch limousine" and which is used  in  the
 business of transporting passengers for compensation; [and]
   (ii) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA-
 TION  OF  VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN
 TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT  PROPERTY  OR  PERSONS
 AND  SHALL  INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT
 LEAST EIGHTY-SIX HUNDRED POUNDS; AND
   (III) "Commercial global positioning system  (GPS)  technology"  shall
 mean  global  positioning system (GPS) technology which has been specif-
 ically designed to assist in the navigation of  commercial  motor  vehi-
 cles.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 509-vv to read as follows:
   § 509-VV.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR  COMMERCIAL

 S. 2508                             7                            A. 3008
 
 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
 OF ANY COMMERCIAL VEHICLE, IS PROHIBITED.  FOR PURPOSES OF THIS SECTION,
 NON-COMMERCIAL  GLOBAL  POSITIONING  SYSTEM  (GPS) SHALL MEAN ANY GLOBAL
 POSITIONING  TECHNOLOGY  WHICH  HAS  NOT  BEEN  SPECIFICALLY DESIGNED TO
 ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 509-vvv to read as follows:
   §  509-VVV. PARKWAYS NOTIFICATION. COMMERCIAL CARRIERS MUST NOTIFY, IN
 WRITING, ALL COMMERCIAL DRIVERS  IN  THEIR  EMPLOY  OF  THE  PROHIBITION
 AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   §  6.  The  vehicle and traffic law is amended by adding a new section
 509-ii to read as follows:
   § 509-II.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY BUS  DRIVER  OR  MOTOR  CARRIER,
 WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS
 PROHIBITED.    FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSI-
 TIONING SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY  WHICH
 HAS  NOT  BEEN  SPECIFICALLY  DESIGNED  TO  ASSIST  IN THE NAVIGATION OF
 COMMERCIAL VEHICLES.
   § 7. The vehicle and traffic law is amended by adding  a  new  section
 509-iii to read as follows:
   § 509-III. PARKWAYS NOTIFICATION. MOTOR CARRIERS MUST NOTIFY, IN WRIT-
 ING,  ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST OPERAT-
 ING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   § 8. The general business law is amended by adding a new section  396-
 zz to read as follows:
   §  396-ZZ.  COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF PARKWAY PROHIBI-
 TIONS. (A) ALL RENTAL VEHICLE COMPANIES, AS  DEFINED  IN  SECTION  THREE
 HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR-
 IZED   DRIVERS   OR   RENTERS,  AS  DEFINED  IN  SECTION  THREE  HUNDRED
 NINETY-SIX-Z OF THIS ARTICLE,  OF  THE  PROHIBITION  AGAINST  COMMERCIAL
 MOTOR  VEHICLES  OPERATING  ON  PARKWAYS  FOR  ANY  RENTALS OR LEASES OF
 COMMERCIAL MOTOR VEHICLES. FOR  PURPOSES  OF  THIS  SECTION  "COMMERCIAL
 MOTOR  VEHICLE"  SHALL  MEAN  A MOTOR VEHICLE OR COMBINATION OF VEHICLES
 HAVING A GROSS COMBINATION WEIGHT  RATING  OF  MORE  THAN  TEN  THOUSAND
 POUNDS  USED  TO  TRANSPORT  PROPERTY OR PERSONS AND SHALL INCLUDE A TOW
 TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX  HUNDRED
 POUNDS.
   (B)  A  CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE
 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 9. Severability. If any clause,  sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds, such judgment or written determination shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that this act shall
 be deemed repealed if any federal agency determines in writing that this
 act would render New York state ineligible for the  receipt  of  federal

 S. 2508                             8                            A. 3008
 
 funds  or  any  court  of competent jurisdiction finally determines that
 this act would render New York state out of compliance with federal  law
 or  regulation;  and  provided further that for sections four and six of
 this  act,  the commissioner of transportation shall notify the legisla-
 tive bill drafting commission upon the occurrence of the  provisions  of
 sections  four  and  six  of  this act, in order that the commission may
 maintain an accurate and timely effective data base of the official text
 of the laws of the state of New York in furtherance of effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.   Effective immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  sections  four and six of this act on its effective date are author-
 ized to be made and completed on or before such effective date.
 
                                  PART B

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

   Section 1. Subdivisions 3 and 11 of section 120.05 of the  penal  law,
 subdivision  3 as amended by chapter 267 of the laws of 2016, and subdi-
 vision 11 as separately amended by chapters 268 and 281 of the  laws  of
 2016, are amended to read as follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS  DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT,  or  employee  of any entity governed by the public service law in
 the course of performing an essential service, from performing a  lawful
 duty, by means including releasing or failing to control an animal under
 circumstances  evincing  the actor's intent that the animal obstruct the

 S. 2508                             9                            A. 3008
 
 lawful activity of such peace officer,  police  officer,  prosecutor  as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure  law,  registered  nurse,  licensed  practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician,  city  marshal,  school crossing guard appointed pursuant to
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT, or employee of an entity governed by the public service law, he or
 she causes physical injury to such peace officer, police officer, prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure  law,  registered nurse, licensed practical nurse, public
 health sanitarian, New York city public  health  sanitarian,  sanitation
 enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
 paramedic, technician or medical or  related  personnel  in  a  hospital
 emergency  department,  city  marshal,  school  crossing  guard, traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED  BY  SECTION  EIGHTEEN-A  OF  THE VEHICLE AND TRAFFIC LAW, MOTOR
 VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION
 ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE
 NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING
 MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee  of
 an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in  subdivi-
 sion   thirty-one  of  section  1.20  of  the  criminal  procedure  law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-

 S. 2508                            10                            A. 3008
 
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency  medical service technician, while such employee is performing
 an assigned duty on, or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW,  EMPLOYEE  OF  THE  NEW  YORK
 STATE  DEPARTMENT  OF  MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR
 VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined
 in subdivision thirty-one of section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. The penal law is amended by adding a new section 120.19  to  read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A  PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF DEATH, IMMINENT SERIOUS  PHYSICAL  INJURY  OR  PHYSICAL  INJURY.  FOR
 PURPOSES  OF  THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THIS ARTICLE.
   §  118-B.  MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
 section 510 of the vehicle and traffic law, as added  by  section  1  of
 part  B  of  chapter  55  of  the  laws  of 2014, are amended to read as
 follows:
   (xii) of a second or subsequent conviction of a violation  of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a probationary
 license, as defined in subdivision four of section five hundred  one  of
 this  title,  at  the  time of the commission of such violation and such
 second or subsequent violation was committed within six months following
 the restoration or issuance of such probationary license; [or]

 S. 2508                            11                            A. 3008
 
   (xiii) of a second or subsequent conviction of a violation of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a class DJ  or
 MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the
 commission of such violation and such second or subsequent violation was
 committed  within six months following the restoration of such permit or
 license; OR
   (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE  FIRST,  SECOND
 OR  THIRD  DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1221-a to read as follows:
   §  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
 CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
 TION  FROM  A  FLAGPERSON,  POLICE  OFFICER, OR OTHER VISIBLY DESIGNATED
 PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON  DIRECTION  FROM  A  TRAFFIC
 CONTROL  DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION,
 THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF  A  HIGHWAY,
 STREET,  OR  PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY
 WORK IS BEING CONDUCTED, WHICH  AREA  IS  MARKED  BY  SIGNS,  CHANNELING
 DEVICES,  BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORK-
 ERS ARE PHYSICALLY PRESENT.
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B  MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section  1.  Section  600 of the vehicle and traffic law is amended by
 adding a new subdivision 4 to read as follows:
   4. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN  AN  ACCIDENT  NOT
 INVOLVING  PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION
 OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE  WHERE  THE  DAMAGE
 OCCURRED,  SO  AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT
 BE CONSTRUED TO BE IN VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION
 BECAUSE OF SUCH MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 PERSON  ACTING  AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER
 shall have the power to cause the immediate removal, from the  right  of
 way  of  any  state  highway,  of  any  vehicle,  CARGO, OR DEBRIS which
 obstructs or interferes with the use of such a highway for public  trav-
 el;  or  which  obstructs  or  interferes  with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency.  THE COMMISSIONER, OR A POLICE
 OFFICER,  OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER.

 S. 2508                            12                            A. 3008
 
   § 3. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle  and  traffic law, as amended by chapter 333 of the laws of 2010, is
 amended to read as follows:
   1. A driver of a motor vehicle who causes physical injury  as  defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing  to  exercise  due  care  in  violation  of  subdivision (a) of this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic law, as amended by chapter 333 of the laws of 2010,  is  amended
 to read as follows:
   1.  A  driver of a motor vehicle who causes serious physical injury as
 defined in article ten of the penal law to  a  pedestrian  or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine  of  not  more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation in a motor vehicle accident prevention course pursuant  to
 paragraph  (e-1) of subdivision two of section 65.10 of the penal law or
 by any combination of such fine, imprisonment or course, and by  suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of  paragraph  b  of subdivision two of section five hundred ten of this
 chapter.
   § 3. Subdivision (d) of section 1146 of the vehicle and  traffic  law,
 as  amended  by  chapter  333 of the laws of 2010, is amended to read as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a person who has previously been convicted  of  any  violation  of  such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor  punishable  by  a  fine of not more than [one] TWO thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART D
 
   Section 1.  The vehicle and traffic law is amended  by  adding  a  new
 section 1221-a to read as follows:
   § 1221-A. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR  VEHICLES,
 THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE-
 MENT  AGENCIES,  AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL
 DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE
 MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY  WORK  ZONE  SAFETY,  TO
 REDUCE  THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHOR-
 IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE-
 TY.
   § 2.  This act shall take effect immediately.

 S. 2508                            13                            A. 3008
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, subpart or part of this act shall be adjudged by a  court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1.  On assuming jurisdiction of a thruway section or connection or any
 part thereof, or of a highway connection, the  authority  shall  proceed
 with  the  construction, reconstruction or improvement thereof. All such
 work shall be done pursuant to a contract or contracts  which  shall  be
 let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
 opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED  BY
 THE  AUTHORITY  AND  ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public
 advertisement and upon such terms and conditions as the authority  shall
 require;  provided,  however,  that the authority may reject any and all
 proposals and may advertise for new proposals, as herein provided, if in
 its opinion, the  best  interests  of  the  authority  will  thereby  be
 promoted; provided further, however, that at the request of the authori-
 ty,  all  or  any  portion  of  such work, together with any engineering
 required by the authority in connection therewith, shall be performed by
 the commissioner and his subordinates in the department  of  transporta-
 tion as agents for, and at the expense of, the authority.
   § 2. This act shall take effect immediately.
 
                                  PART D

   Section  1. Section 359-a of the public authorities law, as amended by
 section 7 of part TT of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  359-a.  Procurement  contracts. For the purposes of section twenty-
 eight hundred seventy-nine of this chapter as applied to the  authority,
 the term "procurement contract" shall mean any written agreement for the
 acquisition  of  goods  or  services of any kind by the authority in the
 actual or estimated amount of [fifteen] FIFTY thousand dollars or more.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE  TOLLED  CENTRAL  BUSINESS
 DISTRICT  DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND

 S. 2508                            14                            A. 3008
 
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid payment of the lawful  charge  OR  TOLL  for  such  transportation
 service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
 TOLL  HIGHWAY,  PARKWAY,  ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts to obtain such service or TO USE  ANY  TOLL  HIGHWAY,  PARKWAY,
 ROAD,  BRIDGE  OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
 NESS DISTRICT OR avoids or attempts to avoid payment therefor by  force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   §  2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
 traffic law, as amended by chapter 109 of the laws of 2005,  is  amended
 and a new paragraph (c) is added to read as follows:
   (b)  Number  plates shall be kept clean and in a condition so as to be
 easily readable and shall not be covered by glass or any plastic materi-
 al, and shall not be knowingly covered or coated with any artificial  or
 synthetic  material  or  substance that conceals or obscures such number
 plates or that distorts a recorded or photographic image of such  number
 plates,  and  the  view of such number plates shall not be obstructed by
 any part of the vehicle or by anything carried thereon[,  except  for  a
 receiver-transmitter  issued  by  a  publicly  owned tolling facility in
 connection with electronic toll collection when such  receiver-transmit-
 ter  is affixed to the exterior of a vehicle in accordance with mounting
 instructions provided by the tolling facility].
   (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE  OR  PARK  A
 MOTOR  VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
 OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED  IN  SECTION
 SEVENTEEN  HUNDRED  FOUR  OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
 TOLLING AUTHORITY, IF SUCH NUMBER PLATE  IS  NOT  EASILY  READABLE,  NOR
 SHALL  ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH  NUMBER  PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND  THE  VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
 OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT  FOR  A  RECEIVER-
 TRANSMITTER  ISSUED  BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED  TO  THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE WITH MOUNTING
 INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY.   FOR PURPOSES  OF  THIS
 PARAGRAPH,  "TOLLING  AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
 OPERATES A TOLL HIGHWAY, BRIDGE AND/OR  TUNNEL  OR  A  CENTRAL  BUSINESS
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE  OF  THIS  SECTION  WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   §  4.   This act shall take effect on the ninetieth day after it shall
 have become a law.

 S. 2508                            15                            A. 3008
 
                                  PART F
 
   Section  1.  Subdivisions  1,  2, 3, 4, 5 and 6 of section 1209 of the
 public authorities law are REPEALED.
   § 2. Paragraphs (a) and (b) of subdivision 7 of section  1209  of  the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (a)  Except  as  otherwise  provided  in  this  section,  all purchase
 contracts for supplies, materials or equipment  involving  an  estimated
 expenditure  in  excess  of  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 dollars  shall  be  awarded  by  the authority to the lowest responsible
 bidder after obtaining [sealed]  bids  in  the  manner  hereinafter  set
 forth.  The  aforesaid shall not apply to contracts for personal, archi-
 tectural, engineering or other professional services. The authority  may
 reject  all  bids  and  obtain  new  bids in the manner provided by this
 section when it is deemed in the public interest to do so or,  in  cases
 where  two  or  more responsible bidders submit identical bids which are
 the lowest bids, award the contract to any of such bidders or obtain new
 bids from such bidders.  Nothing in this paragraph  shall  obligate  the
 authority  to seek new bids after the rejection of bids or after cancel-
 lation of an invitation to bid. Nothing in this section  shall  prohibit
 the  evaluation  of bids on the basis of costs or savings including life
 cycle costs of the item  to  be  purchased,  discounts,  and  inspection
 services  so  long  as  the  invitation to bid reasonably sets forth the
 criteria to be used in evaluating such  costs  or  savings.  Life  cycle
 costs  may  include but shall not be limited to costs or savings associ-
 ated with installation, energy use, maintenance, operation  and  salvage
 or disposal.
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided that (i) a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  [sealed]  bids  and  (ii)  the  board of the authority may by
 resolution adopt guidelines that authorize the  award  of  contracts  to
 small  business  concerns,  to service disabled veteran owned businesses
 certified pursuant to article  seventeen-B  of  the  executive  law,  or
 minority or women-owned business enterprises certified pursuant to arti-
 cle  fifteen-A of the executive law, or purchases of goods or technology
 that are recycled or remanufactured, in an  amount  not  to  exceed  one
 million dollars without a formal competitive process and without further
 board  approval. The board of the authority shall adopt guidelines which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   § 3. Paragraphs (a) and (b) of subdivision 8 of section  1209  of  the
 public  authorities  law, paragraph (a) as amended by chapter 725 of the
 laws of 1993 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:

 S. 2508                            16                            A. 3008

   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 when  required  by  this section. Publication in [a newspaper of general
 circulation in the area served  or  in]  the  procurement  opportunities
 newsletter  shall  not  be  required if bids for contracts for supplies,
 materials or equipment are of a type regularly purchased by the authori-
 ty and are to be solicited from a list of potential suppliers,  if  such
 list is or has been developed consistent with the provisions of subdivi-
 sion  eleven  of  this  section.  Any such advertisement shall contain a
 statement of: (i) the time [and place  where]  BY  WHICH  bids  received
 pursuant to any notice requesting [sealed] bids [will be publicly opened
 and  read]  SHALL BE SUBMITTED; (ii) the name of the contracting agency;
 (iii) the contract identification number; (iv) a  brief  description  of
 the  public work, supplies, materials, or equipment sought, the location
 where work is to be performed, goods are to  be  delivered  or  services
 provided  and the contract term; (v) the [address where] MANNER IN WHICH
 bids or proposals are to be  submitted;  (vi)  the  date  when  bids  or
 proposals  are due; (vii) a description of any eligibility or qualifica-
 tion requirement or preference; (viii) a statement  as  to  whether  the
 contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids.
   (b) The authority may designate any officer or employee to  [open  the
 bids  at  the  time and place bids are to be opened and may designate an
 officer to] award the contract to the lowest responsible  bidder.  [Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH AN ELECTRONIC BIDDING PLATFORM  AND  ELECTRONICALLY  POSTED  FOR
 PUBLIC  VIEW,  OR  publicly  opened and read, IN EITHER CASE at the time
 [and], place AND IN THE MANNER specified in the advertisement or  speci-
 fied at the time of solicitation, or to which the opening and reading OR
 POSTING have been adjourned by the authority. All bidders shall be noti-
 fied  of  the  time  and place of any such adjournment.  THE AUTHORITY'S
 DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS  IN  SUCH
 FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   §  4.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available  through  an  existing  contract  between  a
 vendor  and  [(i)  another  public  authority  provided  that such other
 authority utilized a process of competitive  bidding  or  a  process  of
 competitive  requests  for  proposals to award such contract or (ii) the
 state of New York or the city of New York,] ANY  DEPARTMENT,  AGENCY  OR
 INSTRUMENTALITY  OF  THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT,
 AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR
 STATES provided that in any case when the authority under this paragraph
 determines that obtaining such item  thereby  would  be  in  the  public
 interest and sets forth the reasons for such determination. The authori-

 S. 2508                            17                            A. 3008
 
 ty  shall accept sole responsibility for any payment due the vendor as a
 result of the authority's order; or
   §  5.  Paragraphs  (f) and (g) of subdivision 9 of section 1209 of the
 public authorities law are REPEALED.
   § 6. Section 1209 of the public authorities law is amended by adding a
 new subdivision 9-a to read as follows:
   9-A. SUBDIVISION SEVEN OF THIS SECTION NOTWITHSTANDING, THE  AUTHORITY
 MAY  AWARD DESIGN-BUILD CONTRACTS OR CONTRACTS FOR THE PURCHASE OR REHA-
 BILITATION OF RAPID TRANSIT CARS OR OMNIBUSES PURSUANT TO A  PROCESS  OF
 COMPETITIVE REQUEST FOR PROPOSALS AS HEREINAFTER SET FORTH.
   (A)  (I)  FOR  PURPOSES  OF  THIS  SECTION,  A PROCESS FOR COMPETITIVE
 REQUEST FOR PROPOSALS SHALL MEAN A METHOD OF  SOLICITING  PROPOSALS  AND
 AWARDING  A  CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF THE CHARAC-
 TERISTICS, SUCH AS QUALITY, COST, DELIVERY  SCHEDULE  AND  FINANCING  OF
 SUCH  PROPOSALS  AGAINST STATED SELECTION CRITERIA. PUBLIC NOTICE OF THE
 REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS PROVIDED  IN
 SUBDIVISION EIGHT OF THIS SECTION AND SHALL INCLUDE THE SELECTION CRITE-
 RIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE IN THE SELECTION
 CRITERIA  FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT WILL INFORM ALL
 PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO MODIFY THEIR PROPOSALS.
   (II) THE AUTHORITY MAY AWARD A CONTRACT  PURSUANT  TO  THIS  PARAGRAPH
 ONLY  AFTER  A  RESOLUTION  APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS
 THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION
 (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS,
 (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES,  IF
 ANY,  AVAILABLE  TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS, AND
 (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE.
   (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A)  NEGOTI-
 ATIONS  WITH  ANY  PROPOSERS  FOLLOWING  THE RECEIPT OF RESPONSES TO THE
 REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL  PROPOSALS  AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   (B)(I)  THE  AUTHORITY  MAY  ISSUE A COMPETITIVE REQUEST FOR PROPOSALS
 PURSUANT TO THE PROCEDURES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR  THE
 PURCHASE OR REHABILITATION OF RAPID TRANSIT CARS AND OMNIBUSES. ANY SUCH
 REQUEST  MAY INCLUDE AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE
 OF ALL OR A PORTION OF THE CONTRACT AT SITES WITHIN  THE  STATE  OF  NEW
 YORK  OR THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE
 OF NEW YORK, PROVIDED HOWEVER THAT IN NO EVENT SHALL THE AUTHORITY AWARD
 A CONTRACT TO A MANUFACTURER WHOSE FINAL OFFER,  AS  EXPRESSED  IN  UNIT
 COST IS MORE THAN TEN PERCENT HIGHER THAN THE UNIT COST OF ANY QUALIFIED
 COMPETING  FINAL  OFFER,  IF  THE  SOLE BASIS FOR SUCH AWARD IS THAT THE
 HIGHER PRICED OFFER INCLUDES MORE FAVORABLE PROVISION FOR  THE  PERFORM-
 ANCE  OF  THE  CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS
 PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND  FURTHER
 PROVIDED  THAT  THE  AUTHORITY'S  DISCRETION  TO AWARD A CONTRACT TO ANY
 MANUFACTURER SHALL NOT BE SO LIMITED IF  A  BASIS  FOR  SUCH  AWARD,  AS
 DETERMINED  BY  THE AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE,
 LIFE CYCLE, RELIABILITY, OR ANY OTHER FACTOR THE AUTHORITY  DEEMS  RELE-
 VANT TO ITS OPERATIONS.
   (II)  THE  AUTHORITY  MAY  AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH
 ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS  THAN  TWO-THIRDS
 OF  ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH
 SUCH RESOLUTION (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE  OF
 THEIR  PROPOSALS,  (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE
 OPPORTUNITIES, IF ANY, AVAILABLE TO  PROPOSERS  TO  PRESENT  AND  MODIFY

 S. 2508                            18                            A. 3008

 THEIR  PROPOSALS,  AND  (C)  SETTING  FORTH  THE CRITERIA UPON WHICH THE
 SELECTION WAS MADE.
   (III)  NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   § 7. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining [sealed]  bids  in  accordance
 with this section or without competitive [sealed] bids in instances when
 the item is available from only a single source, except that the author-
 ity  may  dispense with advertising provided that it mails copies of the
 invitation to bid to all vendors of the particular item on the qualified
 products list.
   § 8. Subdivision 1 of section 1265-a of the public authorities law  is
 REPEALED.
   §  9. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
 public authorities law, as amended by section 3-a of subpart C  of  part
 ZZZ of chapter 59 of the laws of 2019, are amended to read as follows:
   (a)  Except  as  otherwise  provided  in  this  section,  all purchase
 contracts for supplies, materials or equipment  involving  an  estimated
 expenditure  in  excess  of  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 dollars  shall  be  awarded  by  the authority to the lowest responsible
 bidder after obtaining [sealed]  bids  in  the  manner  hereinafter  set
 forth.    For  purposes  hereof, contracts for public work shall exclude
 contracts for personal, engineering and architectural,  or  professional
 services.   The authority may reject all bids and obtain new bids in the
 manner provided by this section when it is deemed in the public interest
 to do so or, in cases where two or more responsible bidders submit iden-
 tical bids which are the lowest bids, award the contract to any of  such
 bidders  or obtain new bids from such bidders. Nothing in this paragraph
 shall obligate the authority to seek new bids  after  the  rejection  of
 bids  or  after  cancellation  of  an invitation to bid. Nothing in this
 section shall prohibit the evaluation of bids on the basis of  costs  or
 savings  including  life  cycle  costs  of  the  item  to  be purchased,
 discounts, and inspection services so long  as  the  invitation  to  bid
 reasonably  sets  forth the criteria to be used in evaluating such costs
 or savings. Life cycle costs may include but shall  not  be  limited  to
 costs  or savings associated with installation, energy use, maintenance,
 operation and salvage or disposal.
   (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
 apply  to  the authority's acquisition of goods or services of any kind,
 in the actual or estimated amount of fifteen thousand dollars  or  more,

 S. 2508                            19                            A. 3008
 
 provided  (i)  that  a  contract for services in the actual or estimated
 amount of one million dollars or less shall not require approval by  the
 board of the authority regardless of the length of the period over which
 the  services  are  rendered,  and  provided further that a contract for
 services in the actual or estimated amount  in  excess  of  one  million
 dollars  shall require approval by the board of the authority regardless
 of the length of the period over which the services are rendered  unless
 such  a  contract  is  awarded  to  the  lowest responsible bidder after
 obtaining [sealed] bids, and (ii) the board  of  the  authority  may  by
 resolution  adopt  guidelines  that  authorize the award of contracts to
 small business concerns, to service disabled  veteran  owned  businesses
 certified  pursuant  to  article  seventeen-B  of  the executive law, or
 minority or women-owned business enterprises certified pursuant to arti-
 cle fifteen-A of the executive law, or purchases of goods or  technology
 that  are  recycled  or  remanufactured,  in an amount not to exceed one
 million dollars without a formal competitive process and without further
 board approval. The board of the authority shall adopt guidelines  which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   § 10. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of the
 public  authorities  law, paragraph (a) as amended by chapter 494 of the
 laws of 1990 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law provided that, notwithstanding the provisions of article  four-C  of
 the  economic  development  law, an advertisement shall only be required
 for a purchase  contract  for  supplies,  materials  or  equipment  when
 required  by this section. Publication in [a newspaper of general circu-
 lation in the area served or in] the procurement opportunities  newslet-
 ter  shall not be required if bids for contracts for supplies, materials
 or equipment are of a type regularly purchased by the authority and  are
 to  be  solicited from a list of potential suppliers, if such list is or
 has been developed consistent with the provisions of subdivision six  of
 this  section.  Any such advertisement shall contain a statement of: (i)
 the time [and place where] BY WHICH bids received pursuant to any notice
 requesting [sealed] bids [will be publicly opened  and  read]  SHALL  BE
 SUBMITTED;  (ii)  the name of the contracting agency; (iii) the contract
 identification number; (iv) a brief  description  of  the  public  work,
 supplies,  materials, or equipment sought, the location where work is to
 be performed, goods are to be delivered or  services  provided  and  the
 contract term; (v) the [address where] MANNER IN WHICH bids or proposals
 are to be submitted; (vi) the date when bids or proposals are due; (vii)
 a description of any eligibility or qualification requirement or prefer-
 ence;  (viii) a statement as to whether the contract requirements may be
 fulfilled by a subcontracting, joint venture, or co-production  arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and  (x)  the  name,  address,  and telephone number of the person to be
 contacted for additional information. At least  [fifteen]  TEN  business
 days shall elapse between the first publication of such advertisement or
 the  solicitation  of  bids, as the case may be, and the date of opening
 and reading of bids.
   (b) The authority may designate any officer or employee to  [open  the
 bids  at  the  time and place bids are to be opened and may designate an

 S. 2508                            20                            A. 3008

 officer to] award the contract to the lowest responsible  bidder.  [Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH  AN  ELECTRONIC  BIDDING  PLATFORM AND ELECTRONICALLY POSTED FOR
 PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE  at  the  time,
 [and]  place  AND IN THE MANNER specified in the advertisement or at the
 time of solicitation, or to which the opening  and  reading  OR  POSTING
 have  been  adjourned by the authority. All bidders shall be notified of
 the time and place of any such adjournment. THE  AUTHORITY'S  DESIGNATED
 OFFICER  OR  EMPLOYEE  SHALL  MAKE A RECORD OF ALL BIDS IN SUCH FORM AND
 DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   § 11. Paragraph (e) of subdivision 4 of section 1265-a of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e)  the  item  is  available  through  an existing contract between a
 vendor and [(i)  another  public  authority  provided  that  such  other
 authority  utilized  a  process  of  competitive bidding or a process of
 competitive requests for proposals  to  award  such  contracts  or  (ii)
 Nassau  county,  or  (iii) the state of New York or (iv) the city of New
 York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY  OF  THE  UNITED  STATES
 GOVERNMENT  AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION
 OR INSTRUMENTALITY OF ANY STATE OR STATES, provided  that  in  any  case
 when  under  this paragraph the authority determines that obtaining such
 item thereby would be in the public interest and sets forth the  reasons
 for  such  determination. The authority shall accept sole responsibility
 for any payment due the vendor as a result of the authority's order; or
   § 12. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the
 public authorities law are REPEALED.
   § 13. Section 1265-a of the  public  authorities  law  is  amended  by
 adding a new subdivision 4-a to read as follows:
   4-A.  SUBDIVISION  TWO  OF THIS SECTION NOTWITHSTANDING, THE AUTHORITY
 MAY AWARD DESIGN-BUILD CONTRACTS OR CONTRACTS FOR THE PURCHASE OR  REHA-
 BILITATION  OF  RAPID TRANSIT CARS OR OMNIBUSES PURSUANT TO A PROCESS OF
 COMPETITIVE REQUEST FOR PROPOSALS AS HEREINAFTER SET FORTH.
   (A) (I) FOR PURPOSES  OF  THIS  SECTION,  A  PROCESS  FOR  COMPETITIVE
 REQUESTS  FOR  PROPOSALS SHALL MEAN A METHOD OF SOLICITING PROPOSALS AND
 AWARDING A CONTRACT ON THE BASIS OF A FORMAL EVALUATION OF  THE  CHARAC-
 TERISTICS,  SUCH  AS  QUALITY,  COST, DELIVERY SCHEDULE AND FINANCING OF
 SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA. PUBLIC NOTICE  OF  THE
 REQUESTS  FOR PROPOSALS SHALL BE GIVEN IN THE SAME MANNER AS PROVIDED IN
 SUBDIVISION THREE OF THIS SECTION AND SHALL INCLUDE THE SELECTION CRITE-
 RIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL CHANGE IN THE SELECTION
 CRITERIA FROM THOSE PREVIOUSLY STATED IN THE NOTICE, IT WILL INFORM  ALL
 PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS TO MODIFY THEIR PROPOSALS.
   (II)  THE  AUTHORITY  MAY  AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH
 ONLY AFTER A RESOLUTION APPROVED BY A TWO-THIRDS  VOTE  OF  ITS  MEMBERS
 THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION
 (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS,
 (B)  SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF
 ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR  PROPOSALS,  AND
 (C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE.
   (III)  NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.

 S. 2508                            21                            A. 3008
 
   (B)(I) THE AUTHORITY MAY ISSUE A  COMPETITIVE  REQUEST  FOR  PROPOSALS
 PURSUANT  TO THE PROCEDURES OF PARAGRAPH (A) OF THIS SUBDIVISION FOR THE
 PURCHASE OR REHABILITATION OF RAIL CARS AND OMNIBUSES. ANY SUCH  REQUEST
 MAY  INCLUDE  AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL
 OR  A  PORTION  OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR
 THE USE OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE  OF  NEW
 YORK,  PROVIDED  HOWEVER  THAT  IN  NO EVENT SHALL THE AUTHORITY AWARD A
 CONTRACT TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT  COST
 IS  MORE  THAN  TEN  PERCENT  HIGHER THAN THE UNIT COST OF ANY QUALIFIED
 COMPETING FINAL OFFER, IF THE SOLE BASIS FOR  SUCH  AWARD  IS  THAT  THE
 HIGHER  PRICED  OFFER INCLUDES MORE FAVORABLE PROVISION FOR THE PERFORM-
 ANCE OF THE CONTRACT WITHIN THE STATE OF NEW YORK OR THE  USE  OF  GOODS
 PRODUCED  OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND FURTHER
 PROVIDED THAT THE AUTHORITY'S DISCRETION TO  AWARD  A  CONTRACT  TO  ANY
 MANUFACTURER  SHALL  NOT  BE  SO  LIMITED  IF A BASIS FOR SUCH AWARD, AS
 DETERMINED BY THE AUTHORITY, IS SUPERIOR FINANCING,  DELIVERY  SCHEDULE,
 LIFE  CYCLE,  RELIABILITY, OR ANY OTHER FACTOR THE AUTHORITY DEEMS RELE-
 VANT TO ITS OPERATIONS.
   (II) THE AUTHORITY MAY AWARD A CONTRACT  PURSUANT  TO  THIS  PARAGRAPH
 ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS THAN A TWO-THIRDS
 VOTE  OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY
 WITH  SUCH  RESOLUTION  (A)  DISCLOSING  THE  OTHER  PROPOSERS  AND  THE
 SUBSTANCE  OF  THEIR  PROPOSALS, (B) SUMMARIZING THE NEGOTIATION PROCESS
 INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS  TO  PRESENT
 AND  MODIFY  THEIR  PROPOSALS,  AND  (C) SETTING FORTH THE CRITERIA UPON
 WHICH THE SELECTION WAS MADE.
   (III) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A)  NEGOTI-
 ATIONS  WITH  ANY  PROPOSERS  FOLLOWING  THE RECEIPT OF RESPONSES TO THE
 REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL  PROPOSALS  AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   §  14.  Subdivision 5 of section 1265-a of the public authorities law,
 as added by chapter 929 of the laws of  1986,  is  amended  to  read  as
 follows:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible bidder after obtaining [sealed] bids in accordance with this
 section  or without competitive [sealed] bids in instances when the item
 is available from only a single source, except that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  15. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:

 S. 2508                            22                            A. 3008
 
   § 15. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].
   § 16. This act shall take effect immediately.
 
                                  PART G
   Section  1.  Section  1266 of the public authorities law is amended by
 adding two new subdivisions 12-b and 12-c to read as follows:
   12-B. WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR A TRAN-
 SIT FACILITY THE AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR
 OTHER  INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES
 AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO SHALL BE REMOVED,
 RELOCATED OR OTHERWISE PROTECTED  OR  REPLACED,  EITHER  TEMPORARILY  OR
 PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED UTILITY WORK", THE
 FOLLOWING PROVISIONS SHALL APPLY:
   (A)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH  (C) OF THIS SUBDIVISION, THE
 PUBLIC SERVICE CORPORATION SHALL DESIGN AND PERFORM ALL OF THE  REQUIRED
 UTILITY  WORK  WITHIN  A NUMBER OF DAYS AFTER RECEIPT OF THE AUTHORITY'S
 CONSTRUCTION PLANS, WHICH NUMBER OF DAYS  SHALL  BE  DETERMINED  BY  THE
 AUTHORITY  AFTER  CONSULTATION  WITH THE PUBLIC SERVICE CORPORATION. THE
 COST OF SUCH REQUIRED UTILITY WORK, INCLUDING THE DESIGN, SHALL BE BORNE
 SOLELY BY THE PUBLIC SERVICE CORPORATION.
   (B) IN DESIGNING AND PERFORMING THE REQUIRED UTILITY  WORK,  A  PUBLIC
 SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC SERVICE
 CORPORATION  TO  REMOVE  OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER
 INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (C) THE AUTHORITY MAY OPT TO PERFORM SOME OR ALL OF THE REQUIRED UTIL-
 ITY WORK ON ITS OWN OR BY  A  CONTRACT  OR  OTHER  ARRANGEMENT.  IF  THE
 AUTHORITY  OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE
 AUTHORITY MAY ALSO OPT TO PROVIDE THE DESIGN FOR  SUCH  WORK.    IF  THE
 AUTHORITY  OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK, THE
 PUBLIC SERVICE CORPORATION SHALL PERFORM THE PORTION OF THE UTILITY WORK
 NOT PERFORMED BY THE AUTHORITY AND SHALL REIMBURSE THE AUTHORITY FOR THE
 AUTHORITY'S ACTUAL COST TO PERFORM THE UTILITY WORK, INCLUDING THE  COST
 OF  THE  DESIGN  DONE BY THE AUTHORITY. IF THE AUTHORITY DESIGNS SOME OR
 ALL OF THE REQUIRED UTILITY WORK, SUCH DESIGN SHALL BE  SUBJECT  TO  THE
 REVIEW  AND  APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH SHALL NOT
 BE UNREASONABLY WITHHELD. SUCH REVIEW AND APPROVAL  SHALL  BE  COMPLETED
 WITHIN  TWENTY-ONE CALENDAR DAYS, OR WITHIN SUCH OTHER PERIOD OF TIME AS
 MAY BE DETERMINED BY THE AUTHORITY AFTER CONSULTATION  WITH  THE  PUBLIC
 SERVICE CORPORATION.
   12-C.  WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT, CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR TRANSIT
 FACILITY THE AUTHORITY DETERMINES THAT THE WATER  OR  SEWER  INFRASTRUC-
 TURE, INCLUDING PIPES OR MAINS, STREET LIGHTING, TRAFFIC SIGNAL SYSTEMS,
 EMERGENCY  CALL  BOXES  AND ASSOCIATED INFRASTRUCTURE OF THE CITY OF NEW
 YORK AND ANY FIXTURES AND APPLIANCES  CONNECTED  THEREWITH  OR  ATTACHED
 THERETO  MUST BE REMOVED, RELOCATED, OR OTHERWISE PROTECTED OR REPLACED,
 EITHER TEMPORARILY OR  PERMANENTLY,  HEREINAFTER  REFERRED  TO  AS  "THE
 REQUIRED CITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY:
   (A)  THE  CITY  OF  NEW  YORK  SHALL  PROVIDE ANY APPROVALS OR PERMITS
 REQUIRED BY THE AUTHORITY FOR  THE  REQUIRED  CITY  WORK  WITHIN  THIRTY
 CALENDAR  DAYS  OF SUBMISSION BY THE AUTHORITY OF ITS CONSTRUCTION PLANS
 OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORI-
 TY AFTER CONSULTATION WITH THE CITY OF NEW YORK.

 S. 2508                            23                            A. 3008
 
   (B) THE AUTHORITY SHALL PAY THE COST OF THE REQUIRED CITY WORK AND THE
 COST OF UPGRADING THE WATER OR SEWER INFRASTRUCTURE TO COMPLY  WITH  THE
 CURRENT  STANDARDS OF THE CITY OF NEW YORK FOR MATERIALS AND CAPACITY AS
 DETERMINED BY THE CURRENT SERVICE  BEING  PROVIDED;  PROVIDED,  HOWEVER,
 THAT  THE  CITY  OF NEW YORK SHALL NOT DEMAND THAT THE AUTHORITY PROVIDE
 FOR ANTICIPATED FUTURE SERVICE INCREASES OR ANY OTHER BETTERMENTS  WITH-
 OUT THE AUTHORITY'S AGREEMENT.
   (C) IN REVIEWING THE AUTHORITY'S DESIGN FOR THE REQUIRED CITY WORK, OR
 IN  PROVIDING  ANY  PERMITS OR APPROVALS FOR THE REQUIRED CITY WORK, THE
 CITY OF NEW YORK SHALL NOT CREATE THE NEED FOR A PUBLIC  SERVICE  CORPO-
 RATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRAS-
 TRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (D) THE CITY OF NEW YORK SHALL COOPERATE WITH THE AUTHORITY AND PUBLIC
 SERVICE  CORPORATIONS IN PLANNING AND COORDINATING THE RELOCATION OF ITS
 OWN WATER AND SEWER INFRASTRUCTURE AS WELL AS THE PIPES, MAINS, CONDUITS
 OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION. THE  CITY  OF
 NEW  YORK  SHALL  NOT  REQUIRE  THE  REMOVAL OR RELOCATION OF ADDITIONAL
 PUBLIC SERVICE CORPORATION PIPES, MAINS, CONDUITS OR  OTHER  INFRASTRUC-
 TURE BEYOND THE MINIMUM REQUIRED TO ACCOMMODATE THE REQUIRED WORK.
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Subdivision  12 of section 1266 of the public authorities
 law, as added by chapter 314 of the laws of 1981, is amended to read  as
 follows:
   12. The authority may, FOR ITSELF OR UPON REQUEST OF THE NEW YORK CITY
 TRANSIT  AUTHORITY, upon suitable notice to and an offer to consult with
 an officer designated by the city of New York, occupy the streets of the
 city of New York for the purpose of doing, AS A BENEFICIAL OWNER OF SUCH
 PROJECT VIA CONTRACT, EASEMENT AGREEMENT OR OTHER  SUCH  AGREEMENT,  any
 work  over  or  under  the  same  in  connection  with  the improvement,
 construction,  reconstruction  or  rehabilitation  of  a  transportation
 facility  without  the  consent  of or payment to such city[.], NOTWITH-
 STANDING THAT THE CITY HAS PREVIOUSLY PERMITTED ANY SUCH PORTION OF SUCH
 STREETS TO BE OCCUPIED BY ANOTHER.  FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION,  A  "TRANSPORTATION  FACILITY"  SHALL INCLUDE A STAIRWAY ENTRANCE,
 ELEVATOR, ESCALATOR OR OTHER VERTICAL  TRANSPORTATION  CONNECTING  TO  A
 SUBWAY STATION OR ANY OTHER TRANSIT IMPROVEMENT THAT IS BEING RENOVATED,
 RELOCATED  OR  CONSTRUCTED UNDER A CONTRACT, EASEMENT AGREEMENT OR OTHER
 AGREEMENT WITH THE AUTHORITY OR THE  NEW  YORK  CITY  TRANSIT  AUTHORITY
 PURSUANT TO THE ZONING RESOLUTION OF THE CITY OF NEW YORK.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A    TRAIN  OR  BUS;  A
 PERSON   WHOSE   OFFICIAL   DUTIES   INCLUDE  THE  MAINTENANCE,  REPAIR,
 INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A  TRANSIT  SIGNAL

 S. 2508                            24                            A. 3008
 
 SYSTEM,  ELEVATED  OR  UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
 TURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR  BUS
 STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any
 transit agency, authority or company, public or private, whose operation
 is  authorized by New York state or any of its political subdivisions, a
 city marshal, a school crossing guard appointed pursuant to section  two
 hundred  eight-a  of  the  general  municipal law, a traffic enforcement
 officer, traffic enforcement agent, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A
 TRANSIT  SIGNAL  SYSTEM,  ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR  A
 TRAIN  OR  BUS  STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, [including the] cleaning of a train or bus station or  terminal  OR
 MAINTENANCE  OF  A  TRAIN  OR  BUS  STATION  OR TERMINAL, SIGNAL SYSTEM,
 ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE,  TRAIN
 YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school
 crossing  guard, traffic enforcement officer, traffic enforcement agent,
 prosecutor as defined in subdivision thirty-one of section 1.20  of  the
 criminal  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement  agent,  New  York city sanitation worker, emergency
 medical service paramedic, or emergency medical  service  technician  is
 performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A.  STRIKES,  SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR;  CONDUCTOR;
 SIGNALPERSON;  BUS  OPERATOR;  STATION  AGENT; STATION CLEANER; TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
 FARE PAYMENT MEDIA FOR USE ON A TRAIN  OR  BUS;  PERSON  WHOSE  OFFICIAL
 DUTIES  INCLUDE  THE  MAINTENANCE,  REPAIR, INSPECTION, TROUBLESHOOTING,
 TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR  UNDERGROUND
 SUBWAY  TRACKS,  TRANSIT STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN
 PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL, OR A  SUPERVISOR
 OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY OR COMPANY,

 S. 2508                            25                            A. 3008
 
 PUBLIC  OR  PRIVATE,  WHOSE OPERATION IS AUTHORIZED BY NEW YORK STATE OR
 ANY OF ITS POLITICAL SUBDIVISIONS; OR
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART J
 
   Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
 New York state urban development corporation act, relating to the powers
 of  the  New  York state urban development corporation to make loans, as
 amended by section 1 of part FF of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2021]  2024,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART K
 
   Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
 of the laws of 1968 constituting the New York  state  urban  development
 corporation act, as amended by section 1 of part EE of chapter 58 of the
 laws of 2020, is amended to read as follows:
   3.  The  provisions  of this section shall expire, notwithstanding any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2021] 2024.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART L
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 277-a to read as follows:
   § 277-A. TEMPORARY RULES UPON LEGISLATIVE  FINDING  OF  SPECIAL  STATE
 INTEREST.  1.  APPLICATION OF RULE. THIS SECTION SHALL APPLY TO BUILDING
 PERMITS LAWFULLY ISSUED, OR FOR WHICH A COMPLETED APPLICATION  HAS  BEEN
 FILED  AS  DEFINED BY LOCAL LAW, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-SIX.
   2. APPLICABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS  CHAPTER
 OR  OTHER  STATE  LAW  TO  THE  CONTRARY, NO LOCAL ZONING LAW ORDINANCE,
 RESOLUTION OR REGULATION ADDRESSING THE MINIMUM LIGHT AND AIR  STANDARDS
 FOR  JOINT  LIVING-WORK  QUARTERS  FOR  ARTISTS  OR  GENERAL RESIDENTIAL
 PORTIONS OF LOFTS OR MANUFACTURING AND COMMERCIAL BUILDINGS  ALTERED  TO
 RESIDENTIAL  USE  SHALL  LIMIT THE APPLICABILITY OF THIS ARTICLE TO: (A)
 BUILDINGS ERECTED PRIOR TO JANUARY FIRST, NINETEEN HUNDRED  SEVENTY-SEV-
 EN;  OR (B) SPECIFIC LOCATIONS OR DISTRICTS WITHIN THE MUNICIPALITY, BUT
 SHALL APPLY THIS ARTICLE  UNIFORMLY  THROUGHOUT.    NOTWITHSTANDING  ANY
 STATE  LAW, OTHER LOCAL ZONING LAW, ORDINANCE, RESOLUTION, OR REGULATION
 TO THE CONTRARY, THE CONVERSIONS DESCRIBED  IN  SUBDIVISIONS  THREE  AND
 FOUR OF THIS SECTION ARE HEREBY AUTHORIZED.

 S. 2508                            26                            A. 3008
 
   3.  CLASS  B  MULTIPLE DWELLINGS. THE PROVISIONS OF THIS SECTION SHALL
 APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY  CLASS  B
 MULTIPLE DWELLING OPERATING AS A HOTEL COMPRISING FEWER THAN ONE HUNDRED
 FIFTY  ROOMS,  THAT  IS  CONVERTED  TO A PROPERTY THAT IS (A)  PART OF A
 STATE  AFFORDABLE HOUSING PLAN OR AGREEMENT WITH THE DEPARTMENT OF HOMES
 AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF  TWENTY  PERCENT  OF  SUCH
 HOUSING UNITS CREATED AS AFFORDABLE HOUSING, OR (B) IS TO BE OPERATED AS
 A SUPPORTIVE HOUSING FACILITY THAT IS UNDER A CONTRACT WITH ANY STATE OR
 CITY  AGENCY  TO  PROVIDE  HOUSING AND SUPPORTIVE SERVICES FOR ANY POPU-
 LATION, OR (C) WILL INSTEAD PROVIDE AN AMOUNT NECESSARY TO  SUPPORT  THE
 CREATION  OR  PRESERVATION OF AFFORDABLE HOUSING OR PREVENT HOMELESSNESS
 AS DETERMINED BY THE COMMISSIONER OF THE DEPARTMENT OF HOMES AND  COMMU-
 NITY  RENEWAL AND IS LOCATED ON TAX LOTS IN THE CITY OF NEW YORK ALREADY
 EXISTING OR CREATED UPON THE EFFECTIVE DATE  OF  THIS  SECTION,  IN  ANY
 BOROUGH  OUTSIDE  OF  MANHATTAN,  OR  WITHIN  THE  FOLLOWING AREA IN THE
 BOROUGH OF MANHATTAN, BEGINNING AT THE INTERSECTION OF THE UNITED STATES
 PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS STREET
 EXTENDED, THENCE EASTERLY TO THE CENTER  LINE  OF  CHAMBERS  STREET  AND
 CONTINUING  ALONG  THE CENTER LINE OF CHAMBERS STREET TO THE CENTER LINE
 OF CENTRE STREET, THENCE SOUTHERLY  ALONG  THE  CENTER  LINE  OF  CENTRE
 STREET  TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF
 THE BROOKLYN BRIDGE AND THE UNITED STATES  PIERHEAD  LINE  IN  THE  EAST
 RIVER,  THENCE  NORTHERLY  ALONG  THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER AND THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  EXTENDED,
 THENCE  WESTERLY  TO  THE  CENTER  LINE  OF ONE HUNDRED TENTH STREET AND
 CONTINUING ALONG THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  TO  ITS
 WESTERLY  TERMINUS,  THENCE  WESTERLY  TO THE INTERSECTION OF THE CENTER
 LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD
 LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER-
 HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING.
   4. COMMERCIAL OFFICE BUILDINGS. THE PROVISIONS OF THIS  SECTION  SHALL
 APPLY  TO  ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY COMMER-
 CIAL OFFICE BUILDING WHICH IS GRADED BASED UPON ITS MARKET RATE PRICE AS
 "CLASS B OR CLASS C" PROPERTIES WITHIN THE AREA BETWEEN  9TH  AVENUE  ON
 THE  WESTERLY SIDE, AND PARK AVENUE ON THE EASTERLY SIDE, UTILIZING 60TH
 STREET AS A NORTHERLY BORDER AND 14TH  STREET  TO  THE  SOUTH,  TOGETHER
 ENCOMPASSING  A  CENTRAL BUSINESS DISTRICT PROVIDED THAT UPON CONVERSION
 OR ALTERATION OR IMPROVEMENT SUCH NEW USE IS EITHER: (A) PART OF A STATE
 AFFORDABLE HOUSING PLAN OR AGREEMENT WITH THE DEPARTMENT  OF  HOMES  AND
 COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWENTY PERCENT OF SUCH HOUSING
 UNITS  CREATED  AS AFFORDABLE HOUSING, OR (B) TO OPERATE AS A SUPPORTIVE
 HOUSING FACILITY THAT IS UNDER A CONTRACT WITH ANY STATE OR CITY  AGENCY
 TO PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION, OR (C) TO
 PROVIDE  AN  AMOUNT NECESSARY TO SUPPORT THE CREATION OR PRESERVATION OF
 AFFORDABLE HOUSING OR PREVENT HOMELESSNESS AS DETERMINED BY THE  COMMIS-
 SIONER OF THE DEPARTMENT OF HOMES AND COMMUNITY RENEWAL.
   §  2. This act shall take effect immediately and shall expire December
 31, 2026 when upon such date the provisions of this act shall be  deemed
 repealed, provided however, that no variance shall be required to obtain
 a  certificate of occupancy if such building satisfied the provisions of
 this act upon commencement, nor shall any other administrative action be
 required upon completion should this provision have otherwise expired.
 
                                  PART M

 S. 2508                            27                            A. 3008
 
   Section 1. Section 3 of part S of chapter 58  of  the  laws  of  2016,
 relating to transferring the statutory authority for the promulgation of
 marketing  orders  from the department of agriculture and markets to the
 New York state urban development corporation, as amended by section 1 of
 part Y of chapter 58 of the laws of 2018, is amended to read as follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law [and shall expire and  be  deemed  repealed  July  31,
 2021]; provided, however, that any assessment due and payable under such
 marketing  orders shall be remitted to the urban development corporation
 starting 30 days after such effective date.
   § 2.  This act shall take effect immediately.

                                  PART N
 
   Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
 executive  law  relating to permitting the secretary of state to provide
 special handling for all documents filed or issued by  the  division  of
 corporations  and to permit additional levels of such expedited service,
 as amended by section 1 of part R of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately, provided however, that
 section one of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2003 [and shall expire March 31, 2021].
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2021.
 
                                  PART O

   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d) Any  designated  [post-office]  POST  OFFICE  address to which the
 secretary of state shall mail a copy of process served upon him  OR  HER
 as  agent  of  a  domestic  corporation  or a foreign corporation, shall
 continue until the filing of a certificate  OR  OTHER  INSTRUMENT  under
 this  chapter  directing  the  mailing to a different [post-office] POST
 OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON-
 ICALLY SERVED UPON HIM OR HER AS AGENT  OF  A  DOMESTIC  CORPORATION  OR
 FOREIGN  CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
 corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
 amended to read as follows:
   (1)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign corporation shall be made [by  personally]  IN
 THE  MANNER  PROVIDED  BY  CLAUSE  (I) OR (II) OF THIS SUBPARAGRAPH. (I)
 PERSONALLY delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served. The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, to such  corporation,  at  the
 post  office  address, on file in the department of state, specified for

 S. 2508                            28                            A. 3008
 
 the purpose. If a domestic or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director  named  in  its  certificate of incorporation at the director's
 address stated therein or, in the case of an authorized  foreign  corpo-
 ration,  to  such  corporation  at the address of its office within this
 state on file in the department. (II) ELECTRONICALLY SUBMITTING  A  COPY
 OF  THE  PROCESS  TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY
 FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT,  THROUGH  AN  ELECTRONIC
 SYSTEM  OPERATED  BY  THE  DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR
 AUTHORIZED FOREIGN CORPORATION HAS AN  EMAIL  ADDRESS  ON  FILE  IN  THE
 DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY
 OF  STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN
 THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF  SUCH  PROC-
 ESS.  THE  SECRETARY  OF  STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON
 FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR  THE  PURPOSE  AND  SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION.
   §  3.  The  opening  paragraph  of paragraph (b) of section 307 of the
 business corporation law is amended to read as follows:
   Service of such process upon the secretary of state shall be made  [by
 personally]  IN  THE  MANNER PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS
 PARAGRAPH. (1) PERSONALLY delivering to and  leaving  with  him  or  his
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city  of Albany, a copy of such process together with the statutory fee,
 which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING
 A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT-
 UTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH  AN  ELEC-
 TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be
 sufficient if notice thereof and a copy of the process are:
   §  4.  Subparagraph  7 of paragraph (a) of section 402 of the business
 corporation law is amended to read as follows:
   (7) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   §  5.  Paragraph (b) of section 801 of the business corporation law is
 amended by adding a new subparagraph 15 to read as follows:
   (15) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  6.  Paragraph (b) of section 803 of the business corporation law is
 amended by adding a new subparagraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  7.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508                            29                            A. 3008
 
 a  corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE
 AND/OR  the address of the registered agent, provided such address being
 changed is the address of a person,  partnership  or  other  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 CORPORATION  WHOSE  EMAIL  ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE
 CHANGED, or who has been designated as registered agent for such  corpo-
 ration,  may  be  signed[,  verified] and delivered to the department of
 state by such agent. The certificate  of  change  shall  set  forth  the
 statements  required  under  subparagraphs  (a) (1), (2) and (3) of this
 section; that a notice of the proposed change was mailed to  the  corpo-
 ration  by  the  party signing the certificate not less than thirty days
 prior to the date of delivery to the department  and  that  such  corpo-
 ration  has not objected thereto; and that the party signing the certif-
 icate is the agent of such corporation to whose address the secretary of
 state is required to mail copies of process [or], AND/OR  THE  AGENT  OF
 THE  CORPORATION  TO  WHOSE  EMAIL  ADDRESS  THE  SECRETARY  OF STATE IS
 REQUIRED TO MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if such be the case. A certificate signed[, verified] and deliv-
 ered under this paragraph shall not be deemed  to  effect  a  change  of
 location  of  the office of the corporation in whose behalf such certif-
 icate is filed.
   § 8. Subparagraph 8 of paragraph (a) of section 904-a of the  business
 corporation  law,  as  amended  by  chapter  177 of the laws of 2008, is
 amended to read as follows:
   (8) If the surviving or resulting entity is a foreign  corporation  or
 other  business  entity,  a designation of the secretary of state as its
 agent upon whom process against it may be served in the manner set forth
 in paragraph (b) of section three hundred six of this  chapter,  in  any
 action or special proceeding, and a post office address, within or with-
 out this state, to which the secretary of state shall mail a copy of any
 process  against  it served upon him OR HER. THE CORPORATION MAY INCLUDE
 AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM
 OR HER.   Such post office address shall  supersede  any  prior  address
 designated  as  the  address  to  which process shall be mailed AND SUCH
 EMAIL ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS  THE
 EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT;
   §  9.  Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
 the business corporation law, as amended by chapter 494 of the  laws  of
 1997, is amended to read as follows:
   (G)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the manner set  forth  in  paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding, and a post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.    Such
 post  office address shall supersede any prior address designated as the
 address to which process shall be mailed AND SUCH  EMAIL  ADDRESS  SHALL
 SUPERSEDE  ANY  PRIOR  EMAIL  ADDRESS DESIGNATED AS THE EMAIL ADDRESS TO
 WHICH A NOTICE SHALL BE SENT.

 S. 2508                            30                            A. 3008
 
   § 10. Subparagraph 6 of paragraph (a) of section 1304 of the  business
 corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
 renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
 follows:
   (6)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address  within  or
 without  this state to which the secretary of state shall mail a copy of
 any process against it served upon  him  OR  HER.  THE  CORPORATION  MAY
 INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER.
   § 11. Paragraph (a) of section 1308 of the business corporation law is
 amended by adding a new subparagraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 12. Paragraph (c) of section 1309-A of the business corporation law,
 as amended by chapter 172 of the laws of 1999,  is  amended  and  a  new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only the post office address to which the secretary of state shall  mail
 a  copy  of any process against an authorized foreign corporation served
 upon him or HER, AND/OR THE EMAIL ADDRESS  TO  WHICH  THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE AND/OR  which  changes
 the  address  of  its  registered  agent,  provided  such address is the
 address of a person, partnership or other corporation whose address,  as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED  IS  THE  EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR CORPORATION
 WHOSE EMAIL ADDRESS, AS AGENT, IS  THE  EMAIL  ADDRESS  TO  BE  CHANGED,
 AND/OR  who  has been designated as registered agent for such authorized
 foreign corporation, may be signed and delivered to  the  department  of
 state  by  such  agent.  The  certificate  of  change of application for
 authority shall set forth the statements  required  under  subparagraphs
 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
 the  proposed  change was mailed by the party signing the certificate to
 the authorized foreign corporation not less than thirty  days  prior  to
 the date of delivery to the department and that such corporation has not
 objected  thereto;  and  that  the  party signing the certificate is the
 agent of such foreign corporation to  whose  address  the  secretary  of
 state  is  required  to mail copies of process [or], AND/OR THE AGENT OF
 SUCH FOREIGN CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY  OF  STATE
 IS  REQUIRED  TO  MAIL  A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED ON THE SECRETARY OF STATE AND/OR  the  regis-
 tered  agent,  if  such  be the case. A certificate signed and delivered
 under this paragraph shall not be deemed to effect a change of  location
 of  the  office  of  the corporation in whose behalf such certificate is
 filed.
   § 13. Subparagraph 6 of paragraph (a) and  paragraph  (d)  of  section
 1310 of the business corporation law, the opening paragraph of paragraph
 (d)  as  amended by chapter 172 of the laws of 1999, are amended to read
 as follows:

 S. 2508                            31                            A. 3008
 
   (6) A post office address within or without this state  to  which  the
 secretary  of  state  shall mail a copy of any process against it served
 upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS  TO  WHICH
 THE  SECRETARY  OF  STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (d)  The  post office address AND/OR THE EMAIL ADDRESS specified under
 subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
 certificate,  entitled  "Certificate  of  amendment  of  certificate  of
 surrender of authority of ........ (name of corporation)  under  section
 1310  of  the  Business Corporation Law", shall be signed as provided in
 paragraph (a) of this section and delivered to the department of  state.
 It shall set forth:
   (1) The name of the foreign corporation.
   (2) The jurisdiction of its incorporation.
   (3)  The  date  its certificate of surrender of authority was filed by
 the department of state.
   (4) The changed post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon  him  OR  HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 14. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 1311. Termination of existence.
   When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist-
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.  The  filing  of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of  authority under section 1310 (Surrender of authority). The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he OR SHE shall promptly cause a copy
 of any such process to be mailed by [registered] CERTIFIED mail,  return
 receipt  requested,  to  such  foreign  corporation  at  the post office
 address on file in his OR HER office specified for  such  purpose  OR  A
 NOTICE  OF  THE  FACT  THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS
 BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE  FOREIGN  CORPORATION  AT
 THE  EMAIL  ADDRESS  ON  FILE  IN  HIS  OR HER OFFICE SPECIFIED FOR SUCH
 PURPOSE.  The post office address AND/OR EMAIL ADDRESS may be changed by
 signing and delivering to the  department  of  state  a  certificate  of
 change  setting  forth  the  statements  required  under  section 1309-A
 (Certificate of change; contents) to effect a change in the post  office
 address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of
 section 1308 (Amendments or changes).

 S. 2508                            32                            A. 3008
 
   §  15.  Subdivisions 2 and 3 of section 18 of the general associations
 law, as amended by chapter 13 of the laws of 1938, are amended  to  read
 as follows:
   2.    Every association doing business within this state shall file in
 the department of state a certificate in its associate name, signed  and
 acknowledged  by  its  president,  or a vice-president, or secretary, or
 treasurer, or managing director, or trustee, designating  the  secretary
 of  state  as  an  agent  upon  whom process in any action or proceeding
 against the association may be served within  this  state,  and  setting
 forth  an  address  to which the secretary of state shall mail a copy of
 any process against the association which may be served upon him OR  HER
 pursuant  to law.  THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Annexed to
 the certificate of designation shall be a  statement,  executed  in  the
 same  manner  as  the  certificate is required to be executed under this
 section, which shall set forth:
   (a)  the names and places of residence of its officers and trustees
   (b)  its principal place of business
   (c)  the place where its office within this state is  located  and  if
 such  place  be  in a city, the location thereof by street and number or
 other particular description.
   3. Any association, from time to time, may change the address to which
 the secretary of state is directed to mail copies of process OR SPECIFY,
 CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, by filing  a  statement  to  that
 effect,  executed,  signed  and acknowledged in like manner as a certif-
 icate of designation as herein provided.
   § 16. Section 19 of the general associations law, as amended by  chap-
 ter 166 of the laws of 1991, is amended to read as follows:
   §  19.  Service  of process. Service of process against an association
 upon the secretary of state shall be made [by personally] IN THE  MANNER
 PROVIDED  BY  SUBDIVISION  ONE  OR  TWO  OF THIS SECTION. (1) PERSONALLY
 delivering to and leaving with him [or a deputy secretary of state or an
 associate attorney, senior attorney or attorney in the corporation divi-
 sion of the department of state] OR HER OR WITH A PERSON  AUTHORIZED  BY
 THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such
 process  at the office of the department of state in the city of Albany.
 At the time of such service the plaintiff  shall  pay  a  fee  of  forty
 dollars to the secretary of state which shall be a taxable disbursement.
 [If  the  cost of registered mail for transmitting a copy of the process
 shall exceed two dollars, an additional fee equal to such  excess  shall
 be  paid  at  the time of the service of such process.] The secretary of
 state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one
 of such copies to the association at the address fixed for that purpose,
 as herein provided.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS
 TO THE DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY  FEE,  WHICH  FEE
 SHALL  BE  A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED
 BY THE DEPARTMENT OF  STATE,  PROVIDED  THE  ASSOCIATION  HAS  AN  EMAIL
 ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF
 STATE SHALL EMAIL A NOTICE OF THE FACT  THAT  PROCESS  HAS  BEEN  SERVED
 ELECTRONICALLY  ON  THE  SECRETARY  OF STATE. SERVICE OF PROCESS ON SUCH
 ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE  HAS  REVIEWED
 AND  ACCEPTED  SERVICE  OF  SUCH PROCESS.   THE SECRETARY OF STATE SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION

 S. 2508                            33                            A. 3008
 
 HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH  ASSOCIATION  AT
 THE  EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO  SUCH  ASSOCI-
 ATION.  If  the action or proceeding is instituted in a court of limited
 jurisdiction, service of process may be made in the manner  provided  in
 this  section if the cause of action arose within the territorial juris-
 diction of the court and the office of the defendant, as  set  forth  in
 its  statement  filed  pursuant  to section eighteen of this chapter, is
 within such territorial jurisdiction.
   § 17. Paragraph 4 of subdivision (e) of section  203  of  the  limited
 liability  company  law, as added by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4) a designation of the secretary of state as agent  of  the  limited
 liability  company  upon  whom  process against it may be served and the
 post office address within or without this state to which the  secretary
 of  state shall mail a copy of any process against the limited liability
 company served upon him  or  her.  THE  LIMITED  LIABILITY  COMPANY  MAY
 INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  18. Subdivision (d) of section 211 of the limited liability company
 law is amended by adding a new paragraph 10 to read as follows:
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER.
   §  19. Section 211-A of the limited liability company law, as added by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 211-A. Certificate of change. (a) A limited  liability  company  may
 amend  its  articles of organization from time to time to (i) specify or
 change the location of the  limited  liability  company's  office;  (ii)
 specify  or  change  the  post  office address to which the secretary of
 state shall mail a copy of any process  against  the  limited  liability
 company  served  upon  him OR HER; [and] (iii) SPECIFY, CHANGE OR DELETE
 THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL  A  NOTICE
 OF  THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) make, revoke  or  change
 the  designation of a registered agent, or specify or change the address
 of the registered agent. Any one or more  such  changes  may  be  accom-
 plished  by  filing  a  certificate  of  change  which shall be entitled
 "Certificate of Change of ....... (name of  limited  liability  company)
 under  section  211-A of the Limited Liability Company Law" and shall be
 signed and delivered to the department of state. It shall set forth:
   (1) the name of the limited liability company,  and  if  it  has  been
 changed, the name under which it was formed;
   (2) the date the articles of organization were filed by the department
 of state; and
   (3) each change effected thereby.
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  limited  liability  company  served upon him or HER, AND/OR THE EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF STATE AND/OR the address of the registered agent, provided such
 address being changed, AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS  THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL

 S. 2508                            34                            A. 3008
 
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of
 a person, partnership or corporation whose address,  as  agent,  is  the
 address to be changed or who has been designated as registered agent for
 such  limited  liability  company  may  be  signed  and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required  under subdivision (a) of this section;
 that a notice of the proposed change was mailed to the domestic  limited
 liability  company  by  the  party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that such domestic limited liability company has not  objected  thereto;
 and  that the party signing the certificate is the agent of such limited
 liability company to whose address the secretary of state is required to
 mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA-
 NY TO WHOSE EMAIL ADDRESS OF THE   SECRETARY OF  STATE  IS  REQUIRED  TO
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered  agent,  if
 such be the case. A certificate signed and delivered under this subdivi-
 sion shall not be deemed to effect a change of location of the office of
 the limited liability company in whose behalf such certificate is filed.
   §  20. Subdivision (c) of section 301 of the limited liability company
 law is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic limited liability company or a  foreign  limited  liability  company
 shall  continue  until  the  filing of a certificate OR OTHER INSTRUMENT
 under this chapter directing the mailing  to  a  different  post  office
 address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY  COMPANY
 OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF
 A  CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET-
 ING SUCH EMAIL ADDRESS.
   § 21. Subdivision (a) of section 303 of the limited liability  company
 law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
 read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic  limited  liability  company or authorized foreign limited liability
 company shall be made [by personally] IN THE MANNER  PROVIDED  BY  PARA-
 GRAPH  ONE OR TWO OF THIS SUBDIVISION.  (1) PERSONALLY delivering to and
 leaving with the secretary of state or his or her deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of  Albany,  duplicate
 copies  of such process together with the statutory fee, which fee shall
 be a taxable disbursement. Service of process on such limited  liability
 company  shall be complete when the secretary of state is so served. The
 secretary of state shall promptly send one of such copies  by  certified
 mail, return receipt requested, to such limited liability company at the
 post  office  address  on  file in the department of state specified for
 that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED
 LIABILITY COMPANY HAS AN EMAIL ADDRESS ON  FILE  IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE  OF  PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE

 S. 2508                            35                            A. 3008
 
 WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED  SERVICE  OF  SUCH
 PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST  SUCH  LIMITED  LIABILITY COMPANY HAS BEEN SERVED
 ELECTRONICALLY  ON  HIM  OR HER TO SUCH LIMITED LIABILITY COMPANY AT THE
 EMAIL ADDRESS ON FILE IN THE DEPARTMENT  OF  STATE,  SPECIFIED  FOR  THE
 PURPOSE  AND  SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH LIMITED
 LIABILITY COMPANY.
   § 22. Subdivision (b) of section 304 of the limited liability  company
 law is amended to read as follows:
   (b)  Service of such process upon the secretary of state shall be made
 [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO  OF  THIS
 SUBDIVISION.
   (1)  PERSONALLY  delivering to and leaving with the secretary of state
 or his or her deputy, or with any person authorized by the secretary  of
 state  to receive such service, at the office of the department of state
 in the city of Albany, a copy of such process together with the statuto-
 ry fee, which fee shall be a taxable disbursement.
   (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE  DEPARTMENT
 OF  STATE  TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE.
   § 23. Paragraph 4 of subdivision (a) of section  802  of  the  limited
 liability company law, as amended by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4)  a  designation  of  the secretary of state as its agent upon whom
 process against it may be served and the post office address  within  or
 without  this state to which the secretary of state shall mail a copy of
 any process against it served upon him or  her.  THE  LIMITED  LIABILITY
 COMPANY  MAY  INCLUDE  AN  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN  ELEC-
 TRONICALLY SERVED UPON HIM OR HER;
   §  24. Section 804-A of the limited liability company law, as added by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 804-A. Certificate of change. (a) A foreign limited liability compa-
 ny may amend its application for authority from  time  to  time  to  (i)
 specify  or  change  the  location  of  the  limited liability company's
 office; (ii) specify or change the post  office  address  to  which  the
 secretary  of state shall mail a copy of any process against the limited
 liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR
 DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke
 or change the designation of a registered agent, or to specify or change
 the address of a registered agent. Any one or more such changes  may  be
 accomplished  by  filing a certificate of change which shall be entitled
 "Certificate of Change of ........ (name of limited  liability  company)
 under  section  804-A of the Limited Liability Company Law" and shall be
 signed and delivered to the department of state. It shall set forth:
   (1) the name of the foreign limited liability company and, if applica-
 ble, the fictitious name the limited liability company has agreed to use
 in this state pursuant to section eight hundred two of this article;
   (2) the date its application for authority was filed by the department
 of state; and
   (3) each change effected thereby,
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508                            36                            A. 3008
 
 a foreign limited liability company served upon him or HER,  AND/OR  THE
 EMAIL  ADDRESS  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE
 SECRETARY OF STATE, AND/OR the address of the registered agent, provided
 such  address  being  changed is the address of a person, partnership or
 corporation whose address, as agent,  is  the  address  to  be  changed,
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR  OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, or who has been  designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign
 limited  liability  company  to  whose address the secretary of state is
 required to mail copies of process, AND/OR THE  AGENT  OF  SUCH  FOREIGN
 LIMITED  LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE, or the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered
 under  this  subdivision  shall  not  be  deemed  to  effect a change of
 location of the office of the foreign limited liability company in whose
 behalf such certificate is filed.
   § 25. Paragraph 6 of subdivision (b) of section  806  of  the  limited
 liability company law is amended to read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  or  her.   THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 26. Section 807 of the limited liability company law is  amended  to
 read as follows:
   §  807.  Termination  of  existence.  When a foreign limited liability
 company that has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  canceled  in  the jurisdiction of its formation or when such foreign
 limited liability company is merged into or  consolidated  with  another
 foreign limited liability company, (a) a certificate of the secretary of
 state  or  official  performing  the  equivalent  function as to limited
 liability company records in the jurisdiction of  organization  of  such
 limited  liability company attesting to the occurrence of any such event
 or (b) a certified copy of an order or decree of a court of such  juris-
 diction  directing  the  dissolution  of  such foreign limited liability
 company, the termination of  its  existence  or  the  surrender  of  its
 authority  shall  be delivered to the department of state. The filing of
 the certificate, order or decree shall  have  the  same  effect  as  the
 filing  of  a  certificate of surrender of authority under section eight
 hundred six of this article. The secretary of state  shall  continue  as
 agent of the foreign limited liability company upon whom process against
 it  may be served in the manner set forth in article three of this chap-
 ter, in any action or proceeding based upon any liability or  obligation
 incurred  by  the  foreign  limited  liability company within this state
 prior to the filing of such  certificate,  order  or  decree.  The  post

 S. 2508                            37                            A. 3008
 
 office  address  AND/OR  EMAIL ADDRESS may be changed by filing with the
 department of state a  certificate  of  amendment  under  section  eight
 hundred four of this article.
   §  27.  Paragraph 11 of subdivision (a) of section 1003 of the limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:
   (11) a designation of the secretary of state as its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in article
 three of this chapter in any action or special proceeding,  and  a  post
 office  address, within or without this state, to which the secretary of
 state shall mail a copy of any process served upon  him  or  her.    THE
 LIMITED  LIABILITY  COMPANY  MAY  INCLUDE  AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.  Such  post  office
 address OR EMAIL ADDRESS shall supersede any prior address designated as
 the address to which process shall be mailed OR A NOTICE EMAILED;
   §  28.  Paragraph  6 of subdivision (a) of section 1306 of the limited
 liability company law is amended to read as follows:
   (6) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER; and
   § 29. Paragraph (d) of section 304 of the  not-for-profit  corporation
 law,  as  amended by chapter 358 of the laws of 2015, is amended to read
 as follows:
   (d) Any designated post-office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic corporation formed under article four of  this  chapter  or  foreign
 corporation,  shall  continue until the filing of a certificate OR OTHER
 INSTRUMENT under this chapter directing the mailing to a different post-
 office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION  OR
 FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER  INSTRUMENT  UNDER  THIS  CHAPTER  CHANGING  OR DELETING THE EMAIL
 ADDRESS.
   § 30. Paragraph (b) of section 306 of the  not-for-profit  corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b)  Service of process on the secretary of state as agent of a domes-
 tic corporation formed under article four of this chapter or an  author-
 ized  foreign  corporation  shall  be made [by personally] IN THE MANNER
 PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS  PARAGRAPH.  (1)  PERSONALLY
 delivering  to  and  leaving  with  the secretary of state or his or her
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on such corporation shall be complete when the secretary of state is  so
 served.    The secretary of state shall promptly send one of such copies
 by certified mail, return receipt requested, to such corporation, at the
 post office address, on file in the department of state,  specified  for
 the purpose. If a domestic corporation formed under article four of this

 S. 2508                            38                            A. 3008
 
 chapter or an authorized foreign corporation has no such address on file
 in  the  department  of state, the secretary of state shall so mail such
 copy to such corporation at the address of its office within this  state
 on  file in the department.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE
 PROCESS TO THE DEPARTMENT OF STATE  TOGETHER  WITH  THE  STATUTORY  FEE,
 WHICH  FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM
 OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED
 FOREIGN CORPORATION HAS AN EMAIL ADDRESS ON FILE IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE-
 TARY  OF  STATE  HAS  REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE
 SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO
 SUCH CORPORATION AT THE EMAIL ADDRESS  ON  FILE  IN  THE  DEPARTMENT  OF
 STATE,  SPECIFIED  FOR  THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
 AVAILABLE TO SUCH CORPORATION.
   § 31. Paragraph (b) of section 307 of the  not-for-profit  corporation
 law is amended to read as follows:
   (b)  (1)  Service of such process upon the secretary of state shall be
 made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS
 SUBPARAGRAPH. (I) PERSONALLY delivering to and leaving with him  or  his
 deputy,  or  with  any  person  authorized  by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city  of Albany, a copy of such process together with the statutory fee,
 which fee shall be a taxable disbursement. [Such service] (II) ELECTRON-
 ICALLY SUBMITTING A COPY OF THE  PROCESS  TO  THE  DEPARTMENT  OF  STATE
 TOGETHER  WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSE-
 MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE.
   (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof
 and a copy of the process are:
   [(1)] (I) Delivered personally without  this  state  to  such  foreign
 corporation by a person and in the manner authorized to serve process by
 law of the jurisdiction in which service is made, or
   [(2)]  (II)  Sent  by  or  on  behalf of the plaintiff to such foreign
 corporation by registered mail with return  receipt  requested,  at  the
 post  office  address  specified  for the purpose of mailing process, on
 file in the department of state, or with any official or body performing
 the equivalent function, in the jurisdiction of its incorporation, or if
 no such address is there specified, to its registered  or  other  office
 there  specified,  or  if no such office is there specified, to the last
 address of such foreign corporation known to the plaintiff.
   § 32. Subparagraph 6 of paragraph (a) of section 402 of  the  not-for-
 profit  corporation law, as added by chapter 564 of the laws of 1981 and
 as renumbered by chapter 132 of the laws of 1985, is amended to read  as
 follows:
   (6)  A  designation  of  the secretary of state as agent of the corpo-
 ration upon whom process against it may be served and  the  post  office
 address  within  or  without  this state to which the secretary of state
 shall mail a copy of any process against it served upon him OR HER.  THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 33. Paragraph (b) of section 801 of the  not-for-profit  corporation
 law is amended by adding a new paragraph 10 to read as follows:

 S. 2508                            39                            A. 3008
 
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE  CORPO-
 RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
 law is amended by adding a new paragraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
 profit corporation law, as amended by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail  a copy of any process against it served upon the secretary.
 THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER.
   § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 the  corporation  served  upon  him  or HER, AND/OR THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF
 STATE, AND/OR the address of the registered agent, provided such address
 being  changed  is  the address of a person, partnership or other corpo-
 ration whose address, as agent, is  the  address  to  be  changed  [or],
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, AND/OR who has been  designated  as  regis-
 tered  agent  for  such  corporation, may be signed and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required under subparagraphs (1), (2) and (3) of
 paragraph (a) of this section; that a notice of the proposed change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign-
 ing  the  certificate  is the agent of such corporation to whose address
 the secretary of state is required to mail copies of any process against
 the corporation served upon him or HER, AND/OR THE AGENT OF  THE  CORPO-
 RATION  TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered  agent,  if
 such  be  the  case. A certificate signed and delivered under this para-
 graph shall not be deemed to effect a change of location of  the  office
 of the corporation in whose behalf such certificate is filed.
   §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail

 S. 2508                            40                            A. 3008
 
 a copy of any process against an authorized foreign  corporation  served
 upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY  OF  STATE AND/OR which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership or other corporation whose address, as  agent,  is
 the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who  has  been
 designated  as registered agent for such authorized foreign corporation,
 may be signed and delivered to the department of state  by  such  agent.
 The  certificate  of change of application for authority shall set forth
 the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
 paragraph  (b) of this section; that a notice of the proposed change was
 mailed by the party signing the certificate to  the  authorized  foreign
 corporation  not  less than thirty days prior to the date of delivery to
 the department and that such corporation has not objected  thereto;  and
 that  the  party  signing  the  certificate is the agent of such foreign
 corporation to whose address the secretary of state is required to  mail
 copies  of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO
 WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED  UPON
 THE  SECRETARY  OF  STATE,  AND/OR  the registered agent, if such be the
 case. A certificate signed and delivered under this paragraph shall  not
 be  deemed  to  effect  a change of location of the office of the corpo-
 ration in whose behalf such certificate is filed.
   § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
 profit corporation law is amended to read as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  39.  Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:
 § 1312. Termination of existence.
   When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist-
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state.  The filing of the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender
 of authority under section 1311 (Surrender of authority).  The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he shall promptly cause a copy of any
 such process to be mailed by [registered] CERTIFIED mail, return receipt

 S. 2508                            41                            A. 3008
 
 requested, to such foreign corporation at the  post  office  address  on
 file  in his OR HER office specified for such purpose OR A NOTICE OF THE
 FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR  HER
 TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN
 HIS  OR  HER OFFICE SPECIFIED FOR SUCH PURPOSE.  The post office address
 AND/OR EMAIL ADDRESS may be changed by signing  and  delivering  to  the
 department of state a certificate of change setting forth the statements
 required  under  section  1310  (Certificate  of change[,]; contents) to
 effect a change in the post office address AND/OR  EMAIL  ADDRESS  under
 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
   §  40.  Subdivision  (c) of section 121-104 of the partnership law, as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him  as  agent  of  a  domestic
 limited  partnership or foreign limited partnership shall continue until
 the filing of a certificate  OR  OTHER  INSTRUMENT  under  this  article
 directing  the mailing to a different post office address AND ANY DESIG-
 NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST SUCH DOMESTIC  LIMITED  PARTNERSHIP  OR
 FOREIGN  LIMITED  PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED  PART-
 NERSHIP,  SHALL  CONTINUE  UNTIL  THE  FILING  OF A CERTIFICATE OR OTHER
 INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS.
   § 41. Subdivision (a) and the opening paragraph of subdivision (b)  of
 section  121-109  of the partnership law, as added by chapter 950 of the
 laws of 1990 and as relettered by chapter 341 of the laws of  1999,  are
 amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign limited partnership shall be made [as follows]
 IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION:
   (1) By personally delivering to and leaving with him OR HER or his  OR
 HER  deputy,  or with any person authorized by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement.
   [(2)]  The  service  on  the  limited partnership is complete when the
 secretary of state is so served.
   [(3)] The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, addressed to the limited part-
 nership at the post office address, on file in the department of  state,
 specified for that purpose.
   (2)  ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
 OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE  A  TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE,  PROVIDED  THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP
 HAS AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF  STATE  TO  WHICH  THE
 SECRETARY  OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS
 BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE AS  AGENT  OF  SUCH
 DOMESTIC  OR  AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE OF PROCESS
 ON SUCH LIMITED PARTNERSHIP OR AUTHORIZED  FOREIGN  LIMITED  PARTNERSHIP
 SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED
 SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY  SEND  A
 NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER-
 SHIP  AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED
 FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH
 LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP.

 S. 2508                            42                            A. 3008
 
   In  any  case  in  which  a  non-domiciliary  would  be subject to the
 personal or other jurisdiction of the courts of this state under article
 three of the civil practice law and rules, a foreign limited partnership
 not authorized to do business in this state is subject to a like  juris-
 diction. In any such case, process against such foreign limited partner-
 ship  may be served upon the secretary of state as its agent. Such proc-
 ess may issue in any court in this  state  having  jurisdiction  of  the
 subject matter.  Service of process upon the secretary of state shall be
 made  [by  personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF
 THIS SUBDIVISION. (1) PERSONALLY delivering to and leaving with  him  or
 his  deputy,  or with any person authorized by the secretary of state to
 receive such service, at the office of the department of  state  in  the
 city  of Albany, a copy of such process together with the statutory fee,
 which fee shall be a taxable disbursement.   (2) ELECTRONICALLY  SUBMIT-
 TING  A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE
 STATUTORY FEE, WHICH FEE SHALL BE A  TAXABLE  DISBURSEMENT,  THROUGH  AN
 ELECTRONIC  SYSTEM  OPERATED  BY  THE  DEPARTMENT OF STATE. Such service
 shall be sufficient if notice thereof and a copy of the process are:
   § 42. Paragraph 3 of subdivision (a) of section 121-201 of  the  part-
 nership  law,  as amended by chapter 264 of the laws of 1991, is amended
 to read as follows:
   (3) a designation of the secretary of state as agent  of  the  limited
 partnership  upon  whom  process  against  it may be served and the post
 office address within or without this state to which  the  secretary  of
 state  shall  mail  a  copy of any process against it served upon him OR
 HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   §  43.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
 nership law, as amended by chapter 576 of the laws of 1994,  is  amended
 to read as follows:
   (4)  a  change  in the name of the limited partnership, or a change in
 the post office address to which the secretary of  state  shall  mail  a
 copy  of  any  process  against the limited partnership served on him OR
 HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED  PARTNERSHIP
 HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the name
 or address of the registered agent, if such change is  made  other  than
 pursuant to section 121-104 or 121-105 of this article.
   §  44. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-202-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A certificate of limited partnership may be changed by filing with the
 department of state a certificate of  change  entitled  "Certificate  of
 Change of ..... (name of limited partnership) under Section 121-202-A of
 the  Revised  Limited Partnership Act" and shall be signed and delivered
 to the department of state. A certificate of change may (i)  specify  or
 change the location of the limited partnership's office; (ii) specify or
 change  the  post  office  address to which the secretary of state shall
 mail a copy of process against the limited partnership served upon  him;
 [and]  (iii)  SPECIFY,  CHANGE  OR DELETE THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER;
 AND  (IV)  make, revoke or change the designation of a registered agent,
 or to specify or change the address of its registered  agent.  It  shall
 set forth:

 S. 2508                            43                            A. 3008
 
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  limited  partnership  served  upon  him or  HER, THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the address of the registered agent, provided such address
 being changed is the address of a  person,  partnership  or  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO
 BE  CHANGED,  or  who  has  been designated as registered agent for such
 limited partnership shall be signed and delivered to the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subdivision (a) of this section; that a notice
 of the proposed change was mailed to the domestic limited partnership by
 the party signing the certificate not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address the secretary of state is required to  mail  copies  of  process
 [or],  AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
   § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process against it served upon him  OR HER. THE LIMITED PARTNERSHIP
 MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL
 A NOTICE OF THE FACT THAT PROCESS AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  46. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-903-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A foreign limited partnership may change its application for authority
 by filing with the department of state a certificate of change  entitled
 "Certificate  of  Change of ........ (name of limited partnership) under
 Section 121-903-A of the Revised Limited Partnership Act" and  shall  be
 signed and delivered to the department of state. A certificate of change
 may  (i)  change  the location of the limited partnership's office; (ii)
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;
 [and] (iii)  SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND (IV) make, revoke or change the designation of a  registered  agent,
 or  to  specify  or change the address of its registered agent. It shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508                            44                            A. 3008
 
 a foreign limited partnership served upon him or HER, AND/OR  THE  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE-
 TARY OF STATE, AND/OR the address of the registered agent, provided such
 address  being changed is the address of a person, partnership or corpo-
 ration whose address, as agent, is the address to be changed, AND/OR THE
 EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNER-
 SHIP  OR  OTHER  CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL
 ADDRESS TO BE CHANGED, or who has been designated  as  registered  agent
 for  such  foreign  limited partnership shall be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 partnership by the party signing the certificate not  less  than  thirty
 days  prior  to the date of delivery to the department of state and that
 such foreign limited partnership has not objected thereto; and that  the
 party signing the certificate is the agent of such foreign limited part-
 nership  to  whose  address  the  secretary of state is required to mail
 copies of process [or], THE EMAIL ADDRESS OF THE PARTY  TO  WHOSE  EMAIL
 ADDRESS  THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF  STATE  AND/OR  the  registered  agent,  if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 deemed to effect a change of location of the office of the limited part-
 nership in whose behalf such certificate is filed.
   §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  48.  Section  121-906 of the partnership law, as amended by chapter
 172 of the laws of 1999, is amended to read as follows:
   § 121-906. Termination of existence. When a foreign  limited  partner-
 ship  which  has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  cancelled  in  the  jurisdiction  of  its  organization or when such
 foreign limited partnership is merged into or consolidated with  another
 foreign  limited  partnership,  (i)  a  certificate  of the secretary of
 state, or official performing the  equivalent  function  as  to  limited
 partnership records, in the jurisdiction of organization of such limited
 partnership  attesting  to  the  occurrence of any such event, or (ii) a
 certified copy of an order or decree of a  court  of  such  jurisdiction
 directing  the  dissolution  of  such  foreign  limited partnership, the
 termination of its existence or the surrender of its authority, shall be
 delivered to the department of state. The  filing  of  the  certificate,
 order  or  decree  shall have the same effect as the filing of a certif-
 icate of surrender of authority under section 121-905 of  this  article.
 The  secretary  of  state shall continue as agent of the foreign limited
 partnership upon whom process against it may be served in the manner set
 forth in section 121-109 of this article, in any  action  or  proceeding
 based  upon  any liability or obligation incurred by the foreign limited
 partnership within this state prior to the filing of  such  certificate,
 order  or  decree.  The  post office address AND/OR EMAIL ADDRESS may be

 S. 2508                            45                            A. 3008
 
 changed by filing with the department of state a certificate  of  amend-
 ment  under  section  121-903  or  a certificate of change under section
 121-903-A of this article.
   §  49. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (7)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  section
 121-109  of this article in any action or special proceeding, and a post
 office address, within or without this state, to which the secretary  of
 state  shall  mail  a  copy  of  any process served upon him OR HER. THE
 LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address  OR
 EMAIL  ADDRESS  shall  supersede  any  prior  address  designated as the
 address to which process shall be mailed OR A NOTICE EMAILED.
   § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and  subdivi-
 sion  (j-1) of section 121-1500 of the partnership law, paragraph (I) of
 subdivision (a) as amended by chapter 643 of the laws  of  1995  and  as
 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
 added  by  chapter  448  of  the  laws  of  1998, are amended to read as
 follows:
   (4) a designation of the secretary of state as agent of  the  partner-
 ship without limited partners upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE  AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (j-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a registered limited liability partnership served  upon  him  or
 HER,  AND/OR  THE  EMAIL  ADDRESS  TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY OF STATE, AND/OR the address of the
 registered agent, provided such address being changed is the address  of
 a  person,  partnership  or  corporation whose address, as agent, is the
 address to be changed [or], AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS
 THE  EMAIL  ADDRESS  OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE
 EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR  who
 has  been  designated  as  registered  agent for such registered limited
 liability partnership shall be signed and delivered to the department of
 state by such agent. The certificate of change shall set forth: (i)  the
 name of the registered limited liability partnership and, if it has been
 changed,  the  name under which it was originally filed with the depart-
 ment of state; (ii) the date of filing of its  initial  registration  or
 notice statement; (iii) each change effected thereby; (iv) that a notice
 of  the  proposed change was mailed to the limited liability partnership
 by the party signing the certificate not less than thirty days prior  to
 the  date  of  delivery to the department of state and that such limited
 liability partnership has not objected thereto; and (v) that  the  party
 signing  the certificate is the agent of such limited liability partner-
 ship to whose address the secretary of state is required to mail  copies
 of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered

 S. 2508                            46                            A. 3008
 
 agent, if such be the case. A certificate  signed  and  delivered  under
 this  subdivision  shall not be deemed to effect a change of location of
 the office of the limited liability partnership  in  whose  behalf  such
 certificate  is filed. The certificate of change shall be accompanied by
 a fee of five dollars.
   § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
 section  121-1502  of  the partnership law, paragraph (v) of subdivision
 (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
 as  added  by  chapter  448  of the laws of 1998, are amended to read as
 follows:
   (v) a designation of the secretary of state as agent  of  the  foreign
 limited liability partnership upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF STATE, AND/OR the
 address of the registered agent, provided such address being changed  is
 the  address  of  a person, partnership or corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP  OR  OTHER  CORPO-
 RATION  WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE  EMAIL ADDRESS TO BE
 CHANGED, AND/OR who has been designated  as  registered  agent  of  such
 registered  foreign  limited  liability  partnership shall be signed and
 delivered to the department of state by such agent. The  certificate  of
 change  shall set forth: (i) the name of the New York registered foreign
 limited liability partnership; (ii) the date of filing  of  its  initial
 registration  or  notice  statement; (iii) each change effected thereby;
 (iv) that a notice of the proposed change  was  mailed  to  the  limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that  such  limited  liability partnership has not objected thereto; and
 (v) that the party signing the certificate is the agent of such  limited
 liability  partnership  to  whose  address  the  secretary  of  state is
 required to mail copies of process [or], AND/OR TO WHOSE  EMAIL  ADDRESS
 THE  SECRETARY  OF  STATE  IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT
 PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY  OF
 STATE,  AND/OR  the registered agent, if such be the case. A certificate
 signed and delivered under this  subdivision  shall  not  be  deemed  to
 effect a change of location of the office of the limited liability part-
 nership  in  whose  behalf such certificate is filed. The certificate of
 change shall be accompanied by a fee of five dollars.
   § 52. Subdivision (a) of section 121-1505 of the partnership  law,  as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a regis-
 tered limited liability  partnership  OR  NEW  YORK  REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  under  this  article  shall be made [by
 personally] IN THE MANNER PROVIDED BY  PARAGRAPH  ONE  OR  TWO  OF  THIS
 SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary
 of  state or a deputy, or with any person authorized by the secretary of

 S. 2508                            47                            A. 3008
 
 state to receive such service, at the office of the department of  state
 in  the  city  of Albany, duplicate copies of such process together with
 the statutory fee, which fee shall be a taxable disbursement. Service of
 process  on  such  registered  limited  liability  partnership  shall be
 complete when the secretary of state is  so  served.  The  secretary  of
 state  shall  promptly send one of such copies by certified mail, return
 receipt requested, to such registered limited liability partnership,  at
 the post office address on file in the department of state specified for
 such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE
 A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED  BY  THE
 DEPARTMENT  OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN
 EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS AGAINST SUCH
 REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY SERVED ON
 THE SECRETARY OF STATE. SERVICE OF PROCESS ON  SUCH  REGISTERED  LIMITED
 LIABILITY  PARTNERSHIP  OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY
 PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF STATE  HAS  REVIEWED
 AND  ACCEPTED  SERVICE  OF  SUCH  PROCESS.  THE SECRETARY OF STATE SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH  REGISTERED
 LIMITED  LIABILITY  PARTNERSHIP  OR  NEW YORK REGISTERED FOREIGN LIMITED
 LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO
 SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP  OR  NEW  YORK  REGISTERED
 FOREIGN  LIMITED  LIABILITY  PARTNERSHIP AT THE EMAIL ADDRESS ON FILE IN
 THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY
 OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMITED  LIABILITY  PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP.
   §  53.  Subdivision  7  of  section 339-n of the real property law, as
 amended by chapter 346 of the laws  of  1997,  is  amended  to  read  as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or  board of managers upon whom process against it may be served AND THE
 POST OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE  SECRETARY
 OF  STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM OR
 HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON HIM OR HER. Service of process on the
 secretary of state as agent of such corporation  or  board  of  managers
 shall  be  made  [personally] IN THE MANNER PROVIDED BY PARAGRAPH (A) OR
 (B) OF THIS SUBDIVISION. (A) PERSONALLY delivering to and  leaving  with
 him  or  her  or his or her deputy, or with any person authorized by the
 secretary of state to receive such service, at the office of the depart-
 ment of state in the city of Albany, duplicate copies  of  such  process
 together  with the statutory fee, which shall be a taxable disbursement.
 Service of process on such corporation or board  of  managers  shall  be
 complete  when  the  secretary  of  state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt requested, to such corporation or board of managers, at the post
 office  address,  on file in the department of state, specified for such
 purpose. (B) ELECTRONICALLY SUBMITTING A COPY  OF  THE  PROCESS  TO  THE
 DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE
 A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED  BY  THE
 DEPARTMENT  OF  STATE, PROVIDED THE CORPORATION OR BOARD OF MANAGERS HAS
 AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE  SECRE-

 S. 2508                            48                            A. 3008

 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION OR BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY  ON  THE
 SECRETARY  OF STATE.  SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD OF
 MANAGERS  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND
 ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY
 SEND  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON
 THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH  CORPO-
 RATION  OR  BOARD  OF MANAGERS. Nothing in this subdivision shall affect
 the right to serve process in any other manner permitted by  law.    The
 corporation  or  board of managers shall also file with the secretary of
 state the name and post office address within or without this  state  to
 which the secretary of state shall mail a copy of any process against it
 served upon the secretary of state and shall update the filing as neces-
 sary.
   § 54. This act shall take effect January 1, 2023.
 
                                  PART P
 
   Section  1. The executive law is amended by adding a new section 142-b
 to read as follows:
   § 142-B. REMOTE NOTARIZATION. 1. DEFINITIONS. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "AUDIO-VIDEO COMMUNICATION" MEANS BEING ABLE  TO  SEE,  HEAR,  AND
 COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS.
   (B)  "CREDENTIAL"  MEANS  A  GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT
 THAT  INCLUDES  THE  PRINCIPAL'S  PHOTOGRAPH,  SIGNATURE,  AND  MULTIPLE
 CREDENTIAL  SECURITY  FEATURES  SUCH  AS: A HOLOGRAPHIC IMAGE, RAISED OR
 TEXTURED PRINT, MICROPRINTING, LASER ENGRAVING,  OPTICAL  VARIABLE  INK,
 LONG  LIFE  MULTI-LAYER  PET (POLYETHYLENE TEREPHTHALATE)/PVC (POLYVINYL
 CHLORIDE) CREDENTIAL BODY CONSTRUCTION, THE ISSUING  AGENCY'S  SEAL,  OR
 THE  CREDENTIAL  HOLDER'S  PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE
 COLOR, HAIR COLOR).
   (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE  WHICH  AUTHENTI-
 CATES  A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC-
 ES, AND COMPLIES WITH THE FOLLOWING CRITERIA:
   (I) USES AUTOMATED SOFTWARE PROCESSES TO  AID  THE  NOTARY  PUBLIC  IN
 VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL;
   (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST-
 ENT WITH SOUND COMMERCIAL PRACTICES THAT:
   (1)  USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL,
 PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES;
   (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT  THE  IDENTIFICATION
 CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED;
   (3)  USES  INFORMATION  HELD  OR PUBLISHED BY THE ISSUING SOURCE OR AN
 AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF  PERSONAL
 DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND
   (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC;
 AND
   (IV)  ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND
 THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC  IN  REAL
 TIME THROUGH AUDIO-VIDEO COMMUNICATION.
   (D)  "ELECTRONIC"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.

 S. 2508                            49                            A. 3008
 
   (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY  ACT,  TRANS-
 ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC-
 TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP-
 TIBLE BY HUMAN SENSORY CAPABILITIES.
   (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
 ESS,  ATTACHED  TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND
 EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD.
   (G) "IDENTITY PROOFING" MEANS A KNOWLEDGE-BASED AUTHENTICATION PROCESS
 THROUGH WHICH A THIRD PARTY CONFIRMS THE IDENTITY OF A PRINCIPAL THROUGH
 REVIEW OF PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA  SOURCES
 AS MAY BE FURTHER DEFINED BY REGULATION.
   (H)  "NOTARIAL  ACT"  MEANS  THE  PERFORMANCE  OF AN ACT AUTHORIZED BY
 SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER.
   (I) "PRINCIPAL" MEANS AN INDIVIDUAL:
   (I) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED;
   (II) WHO HAS TAKEN AN OATH OR AFFIRMATION  ADMINISTERED  BY  A  NOTARY
 PUBLIC; OR
   (III)  WHOSE  SIGNATURE  IS  REFLECTED ON A DOCUMENT THAT IS NOTARIZED
 AFTER THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY  A
 NOTARY PUBLIC.
   (J)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT
 THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER
 WHERE A PRINCIPAL WHO IS NOT IN THE  PHYSICAL  PRESENCE  OF  THE  NOTARY
 PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION.
   (L)  "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY
 PUBLIC THROUGH AUDIO-VIDEO COMMUNICATION IN A  MANNER  THAT  ALLOWS  THE
 NOTARY  PUBLIC  TO  COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE
 AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL.
   (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED  IN  INK  OR  PENCIL  OR
 OTHER MATERIAL TO A PAPER DOCUMENT.
   2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED
 TO  PERFORM  A  REMOTE  NOTARIZATION BY UTILIZING AUDIO-VIDEO TECHNOLOGY
 THAT ALLOWS THE NOTARY PUBLIC TO INTERACT  WITH  A  PRINCIPAL,  PROVIDED
 THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET.
   (A)  THE  NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL IN A
 MANNER CONSISTENT WITH THE REQUIREMENTS OF  SUBDIVISION  THREE  OF  THIS
 SECTION. A NOTARY PUBLIC MAY REQUIRE AN INDIVIDUAL TO PROVIDE ADDITIONAL
 INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE NOTARY
 PUBLIC OF THE IDENTITY OF THE PRINCIPAL.
   (B) THE AUDIO-VIDEO CONFERENCE MUST ALLOW FOR REAL-TIME, DIRECT INTER-
 ACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC.
   (C)  THE  COMMUNICATION  TECHNOLOGY  MUST  PROVIDE REASONABLE SECURITY
 MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE AUDIO-VIDEO COMMUNICATION
 AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL.
   (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR-
 IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS.
   (E) THE NOTARY PUBLIC MUST TAKE REASONABLE  STEPS  TO  ENSURE  THAT  A
 BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED
 FROM  UNAUTHORIZED  USE.  A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO
 RETAIN SUCH RECORDINGS ON  BEHALF  OF  THE  NOTARY,  PROVIDED  THAT  ALL
 RECORDINGS  RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY
 UPON REQUEST.

 S. 2508                            50                            A. 3008
 
   (F) IF A NOTARIAL ACT IS PERFORMED UNDER  THIS  SECTION,  THE  CERTIF-
 ICATES OF AN ACKNOWLEDGMENT MUST CONFORM SUBSTANTIALLY WITH THE LANGUAGE
 IN  THIS PARAGRAPH THAT CORRESPONDS TO THE TYPE OF TRANSACTION AT ISSUE,
 THE BLANKS BEING PROPERLY FILLED.
   (1)  FOR  A  REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED OUTSIDE
 THE STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON THE .......... DAY OF ........ IN THE YEAR .....   BEFORE  ME,  THE
 UNDERSIGNED,   APPEARED   THROUGH   USE  OF  AUDIO  AND  VIDEO  COMMUNI-
 CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE  BASIS  OF
 SATISFACTORY  EVIDENCE  TO  BE  THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE)
 SUBSCRIBED TO THE WITHIN INSTRUMENT, ACKNOWLEDGED TO ME THAT HE/SHE/THEY
 EXECUTED  THE  SAME  IN  HIS/HER/THEIR  CAPACITY(IES),   AND   THAT   BY
 HIS/HER/THEIR  SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR THE
 PERSON UPON BEHALF  OF  WHICH  THE  INDIVIDUAL(S)  ACTED,  EXECUTED  THE
 INSTRUMENT,  AND  WHO  DECLARED THAT (PRONOUN) (IS) (ARE) LOCATED IN ...
 (JURISDICTION AND LOCATION NAME) AND THAT THIS RECORD  IS  TO  BE  FILED
 WITH  OR RELATES TO A MATTER BEFORE A COURT, GOVERNMENTAL ENTITY, PUBLIC
 OFFICIAL, OR OTHER ENTITY LOCATED IN THE TERRITORIAL JURISDICTION OF THE
 UNITED STATES, OR INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC-
 TION OF, OR A  TRANSACTION  SUBSTANTIALLY  CONNECTED  WITH,  THE  UNITED
 STATES. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (2) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED WITHIN THE
 STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON  THE  ..........  DAY  OF  .....   IN THE YEAR ..... BEFORE ME, THE
 UNDERSIGNED,  APPEARED  THROUGH  USE  OF  AUDIO   AND   VIDEO   COMMUNI-
 CATION........,  PERSONALLY  KNOWN TO ME OR PROVED TO ME ON THE BASIS OF
 SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S)  WHOSE  NAME(S)  IS  (ARE)
 SUBSCRIBED  TO  THE  WITHIN  INSTRUMENT  AND  ACKNOWLEDGED  TO  ME  THAT
 HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR CAPACITY(IES),  AND  THAT
 BY  HIS/HER/THEIR  SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR
 THE PERSON UPON BEHALF OF WHICH THE INDIVIDUAL(S)  ACTED,  EXECUTED  THE
 INSTRUMENT. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (G)  FOR  RECEIPT AND CERTIFICATION OF INSTRUMENTS, THE PRINCIPAL MUST
 TRANSMIT BY FAX OR ELECTRONIC MEANS A LEGIBLE COPY OF THE SIGNED  SIGNA-
 TURE  PAGE  DIRECTLY TO THE NOTARY PUBLIC ON THE SAME DATE IT WAS SIGNED
 BEFORE THE NOTARY PUBLIC AFFIXES THEIR WET SIGNATURE.
   (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT
 THE TIME OF THE REMOTE NOTARIZATION.
   (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA-
 TION PERFORMED PURSUANT TO THIS SECTION, WHICH  UPON  DEMAND,  SHALL  BE
 SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY
 THIS  SUBDIVISION  SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR AS LONG
 AS SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL  FIVE
 YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL:
   (1)  BE  MADE  CONTEMPORANEOUSLY  WITH THE PERFORMANCE OF THE NOTARIAL
 ACT;
   (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT;
   (3) INDICATE THE NAME OF THE PRINCIPAL;
   (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE PRESENTATION;
   (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND
   (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL.

 S. 2508                            51                            A. 3008
 
   3. THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE  PRIN-
 CIPAL  AT  THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF THE FOLLOWING
 METHODS:
   (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR
   (B)  IDENTIFICATION  OF  THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE
 NOTARY BY MEANS OF AUDIO-VIDEO COMMUNICATION BY EACH OF THE FOLLOWING:
   (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL;
   (II) CREDENTIAL ANALYSIS; AND
   (III) IDENTITY PROOFING OF THE PRINCIPAL; OR
   (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE
 PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO
 IS IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS  SUBDIVI-
 SION.
   4.  THE NOTARY PUBLIC MAY NOTARIZE THE ELECTRONICALLY TRANSMITTED COPY
 OF THE DOCUMENT AND TRANSMIT THE DOCUMENT BACK TO THE PRINCIPAL BY MAIL,
 OR BY FAX OR SECURE ELECTRONIC MEANS. IF THE NOTARIZED DOCUMENT IS TRAN-
 SMITTED TO THE PRINCIPAL BY FAX OR SECURE ELECTRONIC MEANS,  THE  NOTARY
 PUBLIC  SHALL PROMPTLY DESTROY THE ORIGINAL AFTER RECEIVING CONFIRMATION
 OF THE TRANSMISSION. AN ELECTRONICALLY  TRANSMITTED  DOCUMENT  NOTARIZED
 PURSUANT  TO  THIS SECTION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT. THE
 NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL  SIGNED  DOCU-
 MENT  AS  OF  THE  DATE OF EXECUTION PROVIDED THE NOTARY PUBLIC RECEIVES
 SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED
 COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   5. NOTWITHSTANDING ARTICLE 9 OF THE REAL PROPERTY LAW OR ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS
 SECTION SHALL BE A PERMISSIVE  ALTERNATIVE  TO  A  PERSONAL  APPEARANCE,
 UNLESS  A  LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS
 SECTION.
   6. ANY PERSON WHO SUFFERS ACTUAL DAMAGES AS A RESULT  OF  A  PRINCIPAL
 WHO  VIOLATES  ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE A CIVIL
 CAUSE OF ACTION AGAINST ANY SUCH  PRINCIPAL  IN  A  COURT  OF  COMPETENT
 JURISDICTION.
   7.  THE  SECRETARY  OF  STATE  MAY PROMULGATE REGULATIONS ESTABLISHING
 MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT
 UNAUTHORIZED ACCESS TO AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED
 TO VERIFY THE IDENTITY OF THE PRINCIPAL, AND ANY OTHER MATTERS NECESSARY
 TO ADMINISTER THE PROVISIONS OF THIS SECTION.
   8. PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE  SECRE-
 TARY  OF  STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY PUBLIC THAT
 VIOLATES THIS SECTION.
   9. NOTARIAL SIGNATURE.
   (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A  NOTARY
 PUBLIC  TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZATION.
 EACH REMOTE NOTARIZATION SHALL BE COMPLETED BY WET SIGNATURE.
   (B) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-THREE  OF  THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON
 ANY DOCUMENT THAT HAS BEEN REMOTELY NOTARIZED IN  COMPLIANCE  WITH  THIS
 SECTION.
   10. FEES. NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTI-
 CLE,  A  NOTARY  PUBLIC  THAT PERFORMS A REMOTE NOTARIZATION PURSUANT TO
 THIS SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES:
   (A) FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE  SAME
 WHEN  REQUIRED,  EXCEPT  WHERE ANOTHER FEE IS SPECIFICALLY PRESCRIBED BY
 STATUTE, FIVE DOLLARS.

 S. 2508                            52                            A. 3008
 
   (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION
 OF A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH  ADDI-
 TIONAL  PERSON,  FIVE  DOLLARS,  FOR SWEARING EACH WITNESS THERETO, FIVE
 DOLLARS.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY
 PUBLIC  TO  PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO
 PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT  SATISFIED  THAT  (I)
 THE  PRINCIPAL  IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR
 (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE.
   § 2. Subdivision 1 of section 309-a of the real property law, as sepa-
 rately amended by chapter 179 of the laws of 1997 and chapter 596 of the
 laws of 1998, is amended to read as follows:
   1. The certificate of an  acknowledgment,  within  this  state,  of  a
 conveyance  or  other  instrument in respect to real property situate in
 this state, by a person, must conform substantially with  the  following
 form, the blanks being properly filled:
 State of New York }ss.:
 County of ........}
 On  the  ..........  day  of  ........  in the year ..... before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ........, personally known to me or proved to
 me on the basis of satisfactory evidence to be the  individual(s)  whose
 name(s) is (are) subscribed to the within instrument and acknowledged to
 me  that  he/she/they  executed the same in his/her/their capacity(ies),
 and  that  by  his/her/their  signature(s)  on   the   instrument,   the
 individual(s),  or  the  person  upon  behalf of which the individual(s)
 acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 3. Subdivision 1 of section 309-b  of  the  real  property  law,  as
 amended  by  chapter  609  of  the  laws  of 2002, is amended to read as
 follows:
   1. The certificate of an acknowledgement, without  this  state,  of  a
 conveyance  or other instrument with respect to real property situate in
 this state, by a person, may conform substantially  with  the  following
 form, the blanks being properly filled:
 State, District of Columbia, Territory, Possession, or Foreign Country
                ) ss.:
 
 On  the  _______  day  of  __________ in the year _______ before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ______________, personally  known  to  me  or
 proved   to  me  on  the  basis  of  satisfactory  evidence  to  be  the
 individual(s) whose name(s) is (are) subscribed to the within instrument
 and  acknowledged  to  me  that  he/she/they  executed   the   same   in
 his/her/their  capacity(ies),  and that by his/her/their signature(s) on
 the instrument, the individual(s), or the person upon  behalf  of  which
 the individual(s) acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 4. This act shall take effect immediately.
 
                                  PART Q
 
   Section  1.  Paragraph  (b)  of subdivision 5 of section 8-0111 of the
 environmental conservation law, as amended by chapter 388 of the laws of
 2011, is amended to read as follows:

 S. 2508                            53                            A. 3008

   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental compatibility and public need in articles seven, ten  and  the
 former  article  eight  of  the public service law OR REQUIRING A SITING
 PERMIT UNDER SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; or
   § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
 of  section 94-c of the executive law, as added by section 4 of part JJJ
 of chapter 58 of the laws of 2020, is amended to read as follows:
   (i) Notwithstanding any other provision of law, rule, or regulation to
 the contrary and consistent with appropriations therefor,  employees  of
 any  state  agency  who are necessary to the functions of the office and
 who may be substantially engaged in the  performance  of  its  functions
 shall  be transferred to the office in accordance with the provisions of
 section [seventy-eight] SEVENTY of  the  civil  service  law.  Employees
 transferred  pursuant  to  this  section  shall  be  transferred without
 further examination or qualification and shall retain  their  respective
 civil  service  classifications.  Nothing  set forth in this subdivision
 shall be construed to impede, infringe, or diminish the rights and bene-
 fits that accrue to employees through collective bargaining  agreements,
 impact  or  change  an  employee's  membership  in a bargaining unit, or
 otherwise diminish the integrity of the collective bargaining  relation-
 ship.
   (d)  In  addition to the fees established pursuant to paragraph (a) of
 this subdivision, the office, pursuant to regulations  adopted  pursuant
 to  this  section,  may assess a fee for the purpose of recovering [the]
 costs the office incurs [related to reviewing and processing an applica-
 tion submitted under this section].
   § 3. Subdivision 2-b of section  2  of  the  public  service  law,  as
 amended by chapter 6 of the laws of 2011, is amended to read as follows:
   2-b.  The  term  "alternate  energy production facility," when used in
 this chapter, includes any solar, wind turbine, fuel cell,  tidal,  wave
 energy,  waste  management  resource recovery, refuse-derived fuel, wood
 burning facility, or energy storage  device  utilizing  batteries,  flow
 batteries, flywheels or compressed air, together with any related facil-
 ities  located  at  the  same  project site, with an electric generating
 capacity of [up  to  eighty]  LESS  THAN  TWENTY-FIVE  megawatts,  which
 produces electricity, gas or useful thermal energy.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 3, 2020; provided,
 however, that section three of this act shall not  apply  to  any  major
 electric  generating  facility  issued a certificate under article 10 of
 the public service law prior to such date; and  provided  further,  that
 the amendments to section 94-c of the executive law, made by section two
 of  this  act,  shall not affect the repeal of such section and shall be
 deemed repealed therewith.
 
                                  PART R
 
   Section 1. Notwithstanding any  provision  of  law  to  the  contrary,
 general,  special  or local, (1) a building owner is authorized pursuant
 to sections 28-320-3.6 and 28-320-3.6.1 of the  administrative  code  of
 the  city  of New York to deduct from the reported annual building emis-
 sions the number of renewable energy credits purchased by or  on  behalf
 of  such  owner  associated  with  energy produced by a renewable energy
 resource that is eligible under tier 2 of the renewable energy  standard
 (RES)  adopted by the public service commission, or qualifying renewable
 energy credits made available through contracts with the New York  state

 S. 2508                            54                            A. 3008
 
 energy  research  and  development  authority and associated with energy
 produced by offshore wind energy resources delivering into  the  zone  J
 load  zone  or  energy resources subject to tier 4 of the RES; provided,
 however,  that  such building owner may only use tier 2 renewable energy
 credits for the purposes of this  subdivision  in  the  absence  of  the
 availability  of  such offshore wind or tier 4 renewable energy credits;
 and (2) renewable energy credits associated with energy produced by such
 offshore wind, tier 2 and tier 4 energy resources shall be  treated  the
 same  with respect to the conversion of such credits into emissions that
 may be deducted by such building owner.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2034.
 
                                  PART S
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 2564-a to read as follows:
   § 2564-A. ADDITIONAL POWERS OF THE CORPORATION. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PREMISES" MEANS ALL BUILDINGS AND  STRUCTURES  NOW  OR  HEREAFTER
 CONSTITUTING ALL OR ANY PART OF THE JACOB K. JAVITS CONVENTION CENTER AT
 AND  IN  THE  GENERAL VICINITY OF 655 WEST 34TH STREET AND 650 WEST 39TH
 STREET, NEW YORK, NEW YORK, TOGETHER WITH THE LANDS ON WHICH SUCH BUILD-
 INGS AND STRUCTURES ARE OR WILL BE LOCATED.
   (B) "NEW YORK CITY CODES" MEANS THE NEW YORK CITY  CONSTRUCTION  CODES
 OF  TWO  THOUSAND  FOURTEEN,  INCLUDING BUT NOT LIMITED TO THE BUILDING,
 MECHANICAL, PLUMBING, FUEL GAS, AND ENERGY CONSERVATION CODES;  THE  NEW
 YORK  CITY  CONSTRUCTION AND MAINTENANCE CODE OF NINETEEN HUNDRED SIXTY-
 EIGHT; THE NEW YORK CITY FIRE CODE OF TWO  THOUSAND  FOURTEEN;  THE  NEW
 YORK  CITY  ELECTRICAL CODE; THE NEW YORK CITY ENERGY CODE; TITLE ONE OF
 THE RULES OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS; TITLE TWO OF
 THE RULES OF THE CITY OF NEW YORK BOARD OF STANDARDS  AND  APPEALS;  AND
 TITLE THREE OF THE RULES OF THE CITY OF NEW YORK FIRE DEPARTMENT.
   (C)  "THE  UNIFORM  CODE"  MEANS  THE  NEW  YORK  STATE  UNIFORM  FIRE
 PREVENTION AND BUILDING CODE.
   (D) "THE NYS ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION
 CONSTRUCTION CODE.
   (E) "PART TWELVE HUNDRED FOUR" MEANS PART TWELVE HUNDRED FOUR OF TITLE
 NINETEEN OF THE CODES, RULES AND  REGULATIONS  OF  NEW  YORK  STATE,  AS
 AMENDED.
   2.  IN  CONNECTION  WITH  THE  OPERATIONS AND ONGOING EVENTS AND OTHER
 ACTIVITIES AT ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART  OF
 A  PREMISES,  THE CORPORATION MAY, FOR PURPOSES OF SUCH PREMISES, ACT AS
 THE CONSTRUCTION-PERMITTING AGENCY PURSUANT TO ARTICLE EIGHTEEN  OF  THE
 EXECUTIVE  LAW  AND  THE REGULATIONS PROMULGATED THEREUNDER, AS AMENDED.
 NOTWITHSTANDING ANY OTHER PROVISION OF ANY OTHER  STATE  OR  LOCAL  LAW,
 RULE OR REGULATION TO THE CONTRARY:
   (A)  WHEN  THE  CORPORATION ACTS AS THE CONSTRUCTION-PERMITTING AGENCY
 FOR THE PREMISES OR ANY PORTION THEREOF, THE CORPORATION MAY  ELECT,  IF
 DEEMED  FEASIBLE  AND  APPROPRIATE,  TO  SUBJECT ALL OR ANY PART OF SUCH
 PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR  ANY  PART
 OF  THE  PREMISES  TO  THE  REQUIREMENTS  OF THE NEW YORK CITY CODES, AS
 AMENDED, INSTEAD OF THE REQUIREMENTS OF THE UNIFORM  CODE  AND  THE  NYS
 ENERGY CODE, AS AMENDED, FOR SUCH PREMISES; AND
   (B)  NOTWITHSTANDING THE FACT THAT SUCH PREMISES AND ALL BUILDINGS AND
 STRUCTURES CONSTITUTING ALL OR  ANY  PART  OF  SUCH  PREMISES  SHALL  BE

 S. 2508                            55                            A. 3008
 
 SUBJECT  TO  THE  REQUIREMENTS OF THE NEW YORK CITY CODES INSTEAD OF THE
 REQUIREMENTS OF THE UNIFORM CODE AND NYS ENERGY CODE:
   (I) THE CORPORATION SHALL BE AUTHORIZED TO:
   (A)  RENDER  SUCH SERVICES FOR ALL OR ANY PORTION OF ANY SUCH PREMISES
 WITHOUT APPROVAL OF ANY  OTHER  STATE  DEPARTMENT,  AGENCY,  OFFICER  OR
 OFFICE  BUT  ONLY  AS  DIRECTLY RELATED TO THE AUTHORITY GRANTED BY THIS
 SECTION; AND
   (B) TAKE ALL REASONABLY REQUIRED ACTIONS TO EXECUTE ITS DUTIES AS  THE
 CONSTRUCTION-PERMITTING  AGENCY,  INCLUDING  WITHOUT  LIMITATION,  THOSE
 REQUIRED TO REVIEW, PERMIT AND INSPECT THE PREMISES AND ENFORCE THE  NEW
 YORK CITY CODES; AND
   (C)  ISSUE  TEMPORARY  PLACE  OF ASSEMBLY PERMITS, TEMPORARY STRUCTURE
 PERMITS, CONSTRUCTION PERMITS AND ALL OTHER PERMITS AVAILABLE UNDER  THE
 NEW  YORK  CITY  CODES  AFTER DETERMINING ANY REQUEST OR APPLICATION FOR
 SUCH PERMITS COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY  CODES;
 AND
   (D)  ISSUE A CODE COMPLIANCE CERTIFICATE, CERTIFICATE OF OCCUPANCY, OR
 A TEMPORARY APPROVAL FOR OCCUPANCY ALLOWING USE  AND  OCCUPANCY  OF  THE
 PREMISES OR PARTS THEREOF AFTER DETERMINING SUCH PREMISES OR PARTS THER-
 EOF COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND
   (E)  EMPLOY  SUCH  EXPERTS  AND  CONSULTANTS  AS  SHALL  REASONABLY BE
 REQUIRED TO FULFILL ITS RESPONSIBILITIES AS THE  CONSTRUCTION-PERMITTING
 AGENCY; AND
   (II) THE CORPORATION SHALL CONTINUE TO ACT AS THE CONSTRUCTION-PERMIT-
 TING  AGENCY  FOR  SUCH  PREMISES  AND  FOR ALL BUILDINGS AND STRUCTURES
 CONSTITUTING ALL OR ANY PART OF SUCH PREMISES, AND SHALL DETERMINE  THAT
 THE  DESIGN  OF  ANY SUCH BUILDING AND STRUCTURE, OR, IF APPLICABLE, THE
 DESIGN OF ANY PHASE OR  PORTION  OF  ANY  SUCH  BUILDING  OR  STRUCTURE,
 COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING
 A  CONSTRUCTION  PERMIT  FOR  SUCH  BUILDING  OR  STRUCTURE, OR PHASE OR
 PORTION THEREOF, AND SHALL DETERMINE THAT SUCH  BUILDING  OR  STRUCTURE,
 OR,  IF  APPLICABLE,  ANY  PHASE  OR  PORTION THEREOF, COMPLIES WITH THE
 REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CODE COMPLIANCE
 CERTIFICATE OR TEMPORARY APPROVAL FOR OCCUPANCY  FOR  SUCH  BUILDING  OR
 STRUCTURE, OR PHASE OR PORTION THEREOF; AND
   (III)  UPON WRITTEN REQUEST OF THE CORPORATION OR ANY OTHER INTERESTED
 PARTY FOR A VARIANCE OR MODIFICATION OF ANY PROVISION OR REQUIREMENT  OF
 ANY  ONE  OR  MORE  OF  THE NEW YORK CITY CODES, THE DEPARTMENT OF STATE
 SHALL BE AUTHORIZED TO CONSIDER THE  EVIDENCE  OFFERED  AND  SUCH  OTHER
 REPORTS,  STUDIES AND OTHER INFORMATION THE DEPARTMENT OF STATE MAY DEEM
 APPROPRIATE, ARRANGE FOR THE REVIEW OF THE REQUEST BY OTHER STATE  AGEN-
 CIES  OR  INTERNAL OR EXTERNAL EXPERTS AND CONSULTANTS, MAKE FINDINGS OF
 FACT AND CONCLUSIONS OF LAW, AND RENDER A DECISION IN  WRITING  ON  SUCH
 REQUEST,  GRANTING  OR DENYING, IN WHOLE OR IN PART, THE REQUESTED VARI-
 ANCE OR MODIFICATION, PROVIDED, HOWEVER, THAT:
   (A) NO SUCH VARIANCE OR  MODIFICATION  SHALL  BE  GRANTED  UNLESS  THE
 APPLICANT  ESTABLISHES  TO  THE  SATISFACTION OF THE DEPARTMENT OF STATE
 THAT GRANTING SUCH VARIANCE OR MODIFICATION SHALL NOT MATERIALLY  AFFECT
 ADVERSELY PROVISIONS FOR HEALTH, SAFETY AND SECURITY; AND
   (B)  ANY  DECISION TO GRANT A VARIANCE OR MODIFICATION, IN WHOLE OR IN
 PART, SHALL ALSO BE NOTED ON THE  APPLICABLE  PLANS  AND  SPECIFICATIONS
 SIGNED AND SEALED BY A PROFESSIONAL ENGINEER OR ARCHITECT; AND
   (IV)  SUCH  PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL
 OR ANY PART OF SUCH  PREMISES  SHALL  CONTINUE  TO  BE  SUBJECT  TO  THE
 PROVISIONS  OF PART TWELVE HUNDRED FOUR; PROVIDED, HOWEVER, THAT FOR THE
 PURPOSES OF APPLYING PART TWELVE HUNDRED FOUR, ALL  REFERENCES  IN  PART

 S. 2508                            56                            A. 3008
 
 TWELVE HUNDRED FOUR TO THE UNIFORM CODE SHALL BE DEEMED TO BE REFERENCES
 TO THE NEW YORK CITY CODES; AND
   (V)  NO  MUNICIPAL  CORPORATION  OR SUBDIVISION THEREOF SHALL HAVE THE
 POWER TO MODIFY OR CHANGE THE PLANS OR SPECIFICATIONS FOR SUCH PREMISES,
 OR THE CONSTRUCTION, PLUMBING, HEATING,  LIGHTING  OR  OTHER  MECHANICAL
 BRANCH  WORK  NECESSARY TO COMPLETE THE WORK IN QUESTION, NOR TO REQUIRE
 THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON  ANY  SUCH  WORK  SHALL
 PERFORM  ANY  SUCH WORK IN ANY OTHER DIFFERENT MANNER THAN THAT REQUIRED
 BY SUCH PLANS AND SPECIFICATIONS, NOR  TO  CONDUCT  CONSTRUCTION-RELATED
 INSPECTIONS,  INCLUDING  BUT  NOT  LIMITED TO FIRE SAFETY INSPECTIONS OR
 OTHER INSPECTIONS OF SUCH PREMISES  OR  OF  ANY  BUILDING  OR  STRUCTURE
 CONSTITUTING  ALL  OR ANY PART OF SUCH PREMISES, NOR TO ISSUE NOTICES OF
 VIOLATION, ORDERS TO REMEDY,  SUMMONSES,  OR  OTHER  ENFORCEMENT-RELATED
 INSTRUMENTS  OF  ANY  KIND  RELATING TO ANY ALLEGED VIOLATION OF THE NEW
 YORK CITY CODES BY SUCH PREMISES OR ANY BUILDING OR STRUCTURE CONSTITUT-
 ING ALL OR ANY PART OF SUCH PREMISES, AND NO  CONDITION  OR  REQUIREMENT
 WHATEVER MAY BE IMPOSED BY ANY SUCH MUNICIPAL CORPORATION OR SUBDIVISION
 THEREOF  IN  RELATION  TO WORK BEING DONE ON SUCH PREMISES, AS SUCH WORK
 SHALL BE UNDER THE SOLE CONTROL OF THE CORPORATION  IN  ACCORDANCE  WITH
 THE  PLANS,  SPECIFICATION  AND  CONTRACTS IN RELATION THERETO, PROVIDED
 THAT EMERGENCY PERSONNEL SHALL HAVE ACCESS  TO  THE  PREMISES  SITE  FOR
 PURPOSES OF EMERGENCY OPERATIONS, COORDINATION, AND PREPAREDNESS; AND
   (C)  THE  CORPORATION  SHALL  BE  RESPONSIBLE FOR REIMBURSEMENT TO THE
 DEPARTMENT OF STATE FOR COSTS INCURRED IN CONSIDERING A  REQUEST  FOR  A
 VARIANCE  OR MODIFICATION AS CONTEMPLATED BY SUBPARAGRAPH (III) OF PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM NEGOTI-
 ATING AN AGREEMENT WITH THE APPLICABLE MUNICIPAL CORPORATION  TO  ASSUME
 ADMINISTRATION  AND  ENFORCEMENT OF ANY APPLICABLE CODES WITH RESPECT TO
 THE PREMISES OR ANY INDIVIDUAL PROJECT ON THE PREMISES.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM UTILIZ-
 ING THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED FOR  ANY  ADDI-
 TIONAL WORK THAT REQUIRES A CONSTRUCTION PERMIT.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section  1.  Legislative  Findings.  The  legislature hereby finds and
 determines that the establishment of  the  utility  debt  securitization
 authority  under  part B of chapter 173 of the laws of 2013, as amended,
 permitted the issuance of securitized restructuring bonds  on  favorable
 terms  which  resulted in lower aggregate distribution, transmission and
 transition charges to Long Island ratepayers, compared to  other  avail-
 able alternatives, and the purposes of such act will be further advanced
 by  amending  such  act  to permit the issuance of additional such bonds
 subject to a limit on the outstanding principal amount  thereof  and  to
 allow  such bonds to be issued to refund bonds of the utility debt secu-
 ritization authority. The legislature hereby further  finds  and  deter-
 mines  that  improvements to the transmission and distribution system of
 the Long Island Power Authority to increase resiliency and better  with-
 stand  the effects of climate change are necessary, and that issuance of
 securitized restructuring  bonds  by  the  Utility  Debt  Securitization
 Authority  may  allow the funding of such improvements on more favorable
 terms than if such bonds were issued by the Long Island Power Authority.
   § 2. Subdivision 2 of section 2 of part B of chapter 173 of  the  laws
 of  2013  relating to the issuance of securitized restructuring bonds to

 S. 2508                            57                            A. 3008
 
 refinance the outstanding debt of the Long Island  power  authority,  is
 amended to read as follows:
   2.  "Approved  restructuring  costs"  means, to the extent approved as
 such under a restructuring cost financing order, (a) costs  of  purchas-
 ing, redeeming or defeasing a portion of outstanding debt of the author-
 ity  OR  THE RESTRUCTURING BOND ISSUER, including bonds and notes issued
 by the authority OR THE RESTRUCTURING BOND ISSUER, debt  issued  by  the
 New York state energy research and development authority for the benefit
 of  the LILCO; (b) costs of terminating interest rate swap contracts and
 other financial contracts entered into by or  for  the  benefit  of  the
 authority  and related to debt obligations of the authority; (c) rebate,
 yield reduction payments and any other amounts  payable  to  the  United
 States  Treasury  or  to  the  Internal  Revenue  Service to preserve or
 protect the federal tax-exempt status of outstanding debt obligations of
 the  authority;  [and]  (d)  upfront  financing  costs  associated  with
 restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS.
   §  3. Subdivision 11 of section 2 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, as
 amended by section 2-a of part W of chapter 58 of the laws of  2015,  is
 amended to read as follows:
   11.  "Restructuring  bonds"  means bonds or other evidences of indebt-
 edness that are issued pursuant to an indenture or  other  agreement  of
 the restructuring bond issuer under a restructuring cost financing order
 (a)  the proceeds of which are used, directly or indirectly, to recover,
 finance, or refinance approved restructuring costs, (b) that are direct-
 ly or indirectly secured by, or payable  from,  restructuring  property,
 AND  (c) that have a term no longer than thirty years [and (d) that have
 a final scheduled maturity date no later than the final scheduled  matu-
 rity  date  of  the authority bonds purchased, redeemed or defeased with
 the proceeds of such restructuring bonds].
   § 4. Section 2 of part B of chapter 173 of the laws of  2013  relating
 to  the  issuance  of  securitized  restructuring bonds to refinance the
 outstanding debt of the Long  Island  power  authority,  is  amended  by
 adding a new subdivision 17-a to read as follows:
   17-A.  "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH
 UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV-
 ING OR CONSTRUCTING  TRANSMISSION  AND  DISTRIBUTION  SYSTEM  ASSETS  TO
 INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE,
 ABSORB  IMPACTS  FROM  OUTAGE-INDUCING  EVENTS, AND RECOVER QUICKLY FROM
 OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF
 POLES AND WIRES, MOVING POWER LINES  UNDERGROUND,  RAISING  SUBSTATIONS,
 CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS-
 ING,  REDEEMING  OR  DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE
 SUCH COSTS OR REIMBURSING THE AUTHORITY FOR  AMOUNTS  ALREADY  SPENT  ON
 SUCH COSTS.
   §  5.  Subdivision 1 of section 3 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, is
 amended to read as follows:
   1. Standard. The authority may prepare a restructuring cost  financing
 order  (A)  for  the purpose of issuing restructuring bonds to refinance
 outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based
 on a finding that such bond issuance is expected to result in savings to
 consumers of electric transmission  and  distribution  services  in  the
 service  area  on  a  net present value basis; OR (B) FOR THE PURPOSE OF

 S. 2508                            58                            A. 3008
 
 ISSUING RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED  ON
 A  FINDING  THAT  FUNDING  OF SUCH SYSTEM RESILIENCY COSTS BY THE ISSUER
 WOULD RESULT IN LOWER COSTS TO CONSUMERS OF  ELECTRIC  TRANSMISSION  AND
 DISTRIBUTION  SERVICES  IN THE SERVICE AREA ON A NET PRESENT VALUE BASIS
 THAN FUNDING OF SUCH COSTS BY THE AUTHORITY.
   § 6. Paragraph (a) of subdivision 1 of section 4 of part B of  chapter
 173 of the laws of 2013 relating to the issuance of securitized restruc-
 turing  bonds to refinance the outstanding debt of the Long Island power
 authority, as amended by section 3 of part W of chapter 58 of  the  laws
 of 2015, is amended to read as follows:
   (a)  For  the purpose of effectuating the purposes declared in section
 one of this act, there is hereby created  a  special  purpose  corporate
 municipal  instrumentality  of  the  state  to be known as "utility debt
 securitization authority", which shall be a body corporate and  politic,
 a  political subdivision of the state, and a public benefit corporation,
 exercising essential governmental and public powers for the good of  the
 public.    Such restructuring bond issuer shall not be created or organ-
 ized, and its operations shall not be  conducted,  for  the  purpose  of
 making a profit. No part of the revenues or assets of such restructuring
 bond  issuer  shall  inure  to the benefit of or be distributable to its
 trustees or officers or any other  private  persons,  except  as  herein
 provided  for actual services rendered.  [The aggregate principal amount
 of restructuring bonds authorized to be  issued  by  restructuring  bond
 issuers created pursuant to this act shall not exceed] NO MORE THAN four
 billion  five  hundred  million  dollars  AGGREGATE  PRINCIPAL AMOUNT OF
 RESTRUCTURING BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED  PURSU-
 ANT  TO  THIS  ACT SHALL BE OUTSTANDING AT ANY TIME. FOR THE PURPOSES OF
 THIS SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE  OUTSTANDING
 IF  THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR PROVISION
 FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE.
   § 7. Subparagraphs (i) and (iv) of paragraph (a) of subdivision  2  of
 section  4  of part B of chapter 173 of the laws of 2013 relating to the
 issuance  of   securitized   restructuring   bonds   to   refinance  the
 outstanding debt of the Long Island power authority, subparagraph (i) as
 amended and subparagraph (iv) as added by section 4 of part W of chapter
 58 of the laws of 2015,  are  amended to read as follows:
   (i) issue the restructuring bonds contemplated by a restructuring cost
 financing  order,  and  use the proceeds thereof to purchase or acquire,
 and to own, hold and use  restructuring  property  or  to  pay  or  fund
 upfront  financing costs [provided, however, that the restructuring bond
 issuer shall not issue restructuring bonds for the purpose of  refunding
 other restructuring bond];
   (iv)  [only]  issue  restructuring  bonds of which the final scheduled
 maturity date of any series of restructuring bonds  shall  be  no  later
 than  [the  final  scheduled  maturity date of the authority bonds to be
 purchased, redeemed or defeased with the proceeds of such  restructuring
 bonds]  THIRTY  YEARS  FROM  THE  DATE OF ISSUANCE OF SUCH RESTRUCTURING
 BONDS.
   § 8. This act shall take effect immediately.
 
                                  PART U
 
   Section 1.  Paragraph 4 of subdivision (c) of  section  188-a  of  the
 economic development law, as added by section 2 of part CC of chapter 60
 of the laws of 2011, is amended to read as follows:

 S. 2508                            59                            A. 3008
 
   (4) The board may base its recommendation on which eligible applicants
 it determines best meet the applicable criteria; provided, however, that
 the  board  shall  dedicate  recharge  New York power as follows: (i) at
 least three hundred fifty megawatts for use at facilities located within
 the  service  territories of the utility corporations that, prior to the
 effective date of this section, purchased  Niagara  and  Saint  Lawrence
 hydroelectric  power for the benefit of their domestic and rural consum-
 ers; (ii) at least two hundred megawatts for the purposes of  attracting
 new  business  to  the state, creating new business within the state, or
 encouraging the expansion of existing businesses within the state,  that
 create  new jobs or leverage new capital investment; and (iii) an amount
 not to exceed one hundred FIFTY megawatts for eligible small  businesses
 and eligible not-for-profit corporations.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
 law, as amended by chapter 188 of the laws of 2003, are amended to  read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH

 S. 2508                            60                            A. 3008
 
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS  AND  OTHER
 EXEMPTIONS  OF  THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS
 AND ACTIVITIES. THE SUBSIDIARY CORPORATION OF  THE  AUTHORITY  SHALL  BE
 SUBJECT  TO  SUIT  IN  ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
 THIS TITLE. THE EMPLOYEES OF ANY  SUCH  SUBSIDIARY  CORPORATION,  EXCEPT
 THOSE  WHO  ARE  ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED
 EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such
 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF,  or  a
 public  benefit  corporation  or  not-for-profit corporation formed by a
 city with a population of one million or more pursuant to subsection (a)
 of section seven thousand five of the insurance law, each  of  which  is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state  or  local;  and provided further "insurance corporation" does not
 include any combinable captive insurance company.  The  term  "insurance
 corporation"  shall  also include an unauthorized insurer operating from
 an office within the state, pursuant to paragraph five of subsection (b)
 of section one thousand one hundred one and subsection  (i)  of  section
 two  thousand  one  hundred  seventeen  of  the  insurance law. The term
 "insurance corporation" also includes a health maintenance  organization
 required  to  obtain a certificate of authority under article forty-four
 of the public health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  OR  AFFILIATE  THEREOF,  and a public benefit corporation or
 not-for-profit corporation formed by a city with  a  population  of  one

 S. 2508                            61                            A. 3008
 
 million  or  more  pursuant  to subsection (a) of section seven thousand
 five of the insurance law, each of which is expressly  exempt  from  the
 payment  of fees, taxes or assessments whether state or local, and other
 than  combinable  captive insurance company, shall, for the privilege of
 exercising its corporate franchise, pay a tax on (1)  all  gross  direct
 premiums,  less  return  premiums  thereon,  written on risks located or
 resident in this state and (2) all assumed  reinsurance  premiums,  less
 return  premiums  thereon,  written on risks located or resident in this
 state. The rate of the tax imposed on gross  direct  premiums  shall  be
 four-tenths  of  one  percent  on  all  or  any part of the first twenty
 million dollars of premiums, three-tenths of one percent on all  or  any
 part of the second twenty million dollars of premiums, two-tenths of one
 percent on all or any part of the third twenty million dollars of premi-
 ums,  and  seventy-five  thousandths  of  one  percent on each dollar of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall be two hundred twenty-five thousandths of one percent  on  all  or
 any  part  of  the first twenty million dollars of premiums, one hundred
 and fifty thousandths of one percent on all or any part  of  the  second
 twenty  million dollars of premiums, fifty thousandths of one percent on
 all or any part of the third twenty  million  dollars  of  premiums  and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after.  The tax imposed by this section shall be equal to the greater of
 (i) the sum of the tax imposed on gross  direct  premiums  and  the  tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  Expenditures  of  moneys  by  the  New  York state energy
 research and development authority for  services  and  expenses  of  the
 energy   research,  development  and  demonstration  program,  including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle and electric vehicle rebate program, and the Fuel NY  program  shall
 be  subject  to  the  provisions  of this section.   Notwithstanding the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all moneys committed or expended in an amount not to exceed  $22,700,000
 shall  be  reimbursed by assessment against gas corporations, as defined
 in subdivision 11 of section 2 of the public service  law  and  electric
 corporations  as  defined  in  subdivision 13 of section 2 of the public
 service law, where such gas corporations and electric corporations  have
 gross  revenues from intrastate utility operations in excess of $500,000
 in the preceding calendar year, and the total amount assessed  shall  be
 allocated to each electric corporation and gas corporation in proportion
 to  its  intrastate  electricity  and  gas revenues in the calendar year
 2019. Such  amounts  shall  be  excluded  from  the  general  assessment
 provisions  of  subdivision 2 of section 18-a of the public service law.
 The chair of the public service commission shall bill  such  gas  and/or
 electric  corporations for such amounts on or before August 10, 2021 and
 such amounts shall be paid to the New York  state  energy  research  and
 development authority on or before September 10, 2021. Upon receipt, the
 New  York  state energy research and development authority shall deposit
 such funds in the energy research and development operating fund  estab-
 lished  pursuant  to section 1859 of the public authorities law. The New
 York state energy research and development authority is  authorized  and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate  change related services and expenses of the department of envi-

 S. 2508                            62                            A. 3008
 
 ronmental conservation, $150,000 to the state general fund for  services
 and  expenses of the department of agriculture and markets, and $825,000
 to the University of Rochester laboratory for laser energetics from  the
 funds  received; and (2) commencing in 2016, provide to the chair of the
 public service commission and the director of the budget and the  chairs
 and  secretaries  of  the  legislative  fiscal  committees, on or before
 August first of each year, an itemized record, certified by  the  presi-
 dent  and chief executive officer of the authority, or his or her desig-
 nee, detailing any and all expenditures and  commitments  ascribable  to
 moneys  received  as  a  result  of  this assessment by the chair of the
 department of public service pursuant to  section  18-a  of  the  public
 service  law.   This itemized record shall include an itemized breakdown
 of the programs being funded by this section and the amount committed to
 each program. The authority shall not commit for  any  expenditure,  any
 moneys  derived  from the assessment provided for in this section, until
 the chair of such authority shall have submitted, and  the  director  of
 the  budget  shall  have approved, a comprehensive financial plan encom-
 passing all moneys available to  and  all  anticipated  commitments  and
 expenditures  by  such  authority  from any source for the operations of
 such authority.   Copies of the approved  comprehensive  financial  plan
 shall  be  immediately  submitted  by the chair to the chairs and secre-
 taries of the legislative fiscal committees. Any such amount not commit-
 ted by such authority to contracts or contracts to be awarded or  other-
 wise  expended by the authority during the fiscal year shall be refunded
 by such authority on a pro-rata basis to such gas and/or electric corpo-
 rations, in a manner to  be  determined  by  the  department  of  public
 service,  and  any  refund  amounts  must be explicitly lined out in the
 itemized record described above.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART X
 
   Section  1.  Section 11-0701 of the environmental conservation law, as
 amended by section 1-a of part R of chapter 58  of  the  laws  of  2013,
 paragraph  a of subdivision 1 as amended by section 21 and subdivision 9
 as amended by section 17 of part EE of chapter 55 of the laws  of  2014,
 is amended to read as follows:
 § 11-0701. Definitions of licenses and privileges of licensees.
   1. A hunting license[:
   a.]  entitles  a  holder  who  is  twelve  [or], thirteen, FOURTEEN OR
 FIFTEEN years of age to hunt wildlife[, except big game,] as provided in
 title 9 of this article subject,  specifically,  to  the  provisions  of
 section  11-0929  of  this  article.  It entitles such holder to possess
 firearms as provided in section 265.05 of the penal law. [A  holder  who
 is twelve or thirteen years of age shall not hunt with a crossbow.
   b.  entitles  a holder who is fourteen or fifteen years of age to hunt
 wildlife, including wild deer and bear, as provided in title 9  of  this
 article,  subject, specifically, to the provisions of section 11-0929 of
 this article. It entitles such holder to possess firearms as provided in
 section 265.05 of the penal law.]
   2. a. A hunting license entitles the holder to hunt  wildlife  subject
 to the following:
   (1)  a  holder who is eighteen years of age or older may hunt wildlife
 as provided in title 9 of this article,

 S. 2508                            63                            A. 3008
 
   (2) a holder who is sixteen years of age or older may  hunt  wildlife,
 except big game, as provided in title 9 of this article, [and]
   (3)  a holder who is between the ages of sixteen and eighteen may hunt
 big game pursuant to the provisions of title 9 of this article while the
 holder is accompanied by a parent, guardian or person over  the  age  of
 eighteen as required by section 11-0929 of this article[.
   A] , AND
   (4)  A holder may take fish with a longbow as provided in titles 9 and
 13 this article.
   b. A special antlerless deer license is applicable to the  hunting  of
 wild antlerless deer in a special open season fixed pursuant to subdivi-
 sion 6 of section 11-0903 of this article in a tract within a Wilderness
 Hunting  Area  and  entitles  the  holder  of  a hunting license to hunt
 antlerless deer in such special open season, as provided in title  9  of
 this article if he or she has on his or her person while so hunting both
 his  or  her  hunting  license  and  his  or her special antlerless deer
 license.
   3. A bowhunting privilege when included on a hunting license  entitles
 a holder:
   (1)  who  is between the ages of twelve and sixteen years to hunt wild
 deer and bear with a longbow OR  CROSSBOW  during  the  special  archery
 season  and  during  the  regular season, as provided in title 9 of this
 article, subject to the provisions of section 11-0929 and subdivision  3
 of section 11-0713 of this article;
   (2)  who  is eighteen years of age or older to hunt wild deer and bear
 with a longbow, as provided in title 9 of this  article,  in  a  special
 longbow season; and
   (3)  who  is  sixteen  or  seventeen years of age to exercise the same
 privileges subject to the provisions of section 11-0929 and  subdivision
 3 of section 11-0713 of this article.
   4.  A  fishing  license  entitles  the holder to take fish by angling,
 spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
 ing with the hands or by use of a club or hook, and to  take  bait  fish
 for personal use, as provided in titles 9 and 13 of this article, except
 that such license shall not entitle the holder to take migratory fish of
 the sea or to take fish from the waters of the marine district.
   5.  A non-resident bear tag entitles a person who has not been a resi-
 dent of the state for more than thirty days who also possesses a hunting
 license to hunt bear during the regular open season therefor  or  in  an
 open season fixed by regulation pursuant to subdivision eight of section
 11-0903  of  this  article.  It  entitles a non-resident holder who also
 possesses a hunting license with bowhunting privilege to hunt bear  with
 a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
 sident  holder  who also possesses a hunting license with muzzle-loading
 privilege to hunt bear with a muzzleloader during the open bear season.
   6. A seven-day fishing license entitles the  holder  to  exercise  the
 privileges of a fishing license for the seven consecutive days specified
 in the license.
   7. A one-day fishing license entitles the holder to exercise the priv-
 ileges of a fishing license on the day specified on the license.
   8. A trapping license entitles the holder to trap beaver, otter, fish-
 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
 pine  marten and unprotected wildlife except birds, as provided in title
 11, subject to the provisions of section 11-0713 of this article.
   9. A muzzle-loading privilege when included on a hunting license enti-
 tles a holder who is [fourteen] TWELVE years of age  or  older  to  hunt

 S. 2508                            64                            A. 3008
 
 wild  deer  and  bear  with  a  muzzle-loading  firearm  or crossbow, as
 provided in title 9 of this article, in a special muzzle-loading firearm
 season.
   §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
 mental conservation law, as amended by section 2 of part R of chapter 58
 of the laws of 2013, is amended to read as follows:
   b. Except as provided in section 11-0707 and section 11-0709  of  this
 title,  no  person  shall  (1) hunt wild deer or bear unless such person
 holds and is entitled to exercise the privileges of a  hunting  license,
 and  meets  the requirements of this article; (2) hunt wild deer or bear
 with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
 such  person holds and is entitled to exercise the privileges of a hunt-
 ing license with a bowhunting privilege and meets  the  requirements  of
 this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
 firearm in a special muzzle-loading firearm season unless such person is
 at least [fourteen] TWELVE years old and holds a hunting license with  a
 muzzle-loading privilege and meets the requirements of this article.
   §  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
 tion law is REPEALED.
   § 4. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
 mental  conservation law, as amended by section 19 of part EE of chapter
 55 of the laws of 2014, is amended to read as follows:
   c. Wild small game and wild upland game birds shall be taken  only  by
 longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
 10 of this article, except that:
   (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
 in any manner not prohibited in this section or in title 11 of the  Fish
 and Wildlife Law; AND
   (2)  frogs  may also be taken by spearing, catching with the hands, or
 by the use of a club or hook[; and
   (3) crossbows may be used but only by licensees who are fourteen years
 of age or older].
   § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 6 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 7 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall

 S. 2508                            65                            A. 3008

 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   §  7. Subdivision 13 of section 11-0901 of the environmental conserva-
 tion law, as amended by section 23 of part R of chapter 58 of  the  laws
 of 2013, is amended to read as follows:
   13.  Persons  engaged  in  hunting  deer and/or bear with a longbow OR
 CROSSBOW must possess a current bowhunting privilege or a valid  certif-
 icate  of  qualification  in  responsible bowhunting practices issued or
 honored by the department.
   § 8. Section 11-0903 of the environmental conservation law is  amended
 by adding a new subdivision 12 to read as follows:
   12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
 OF WILDLIFE BY THE USE OF CROSSBOW. A  SUMMARY  OF  REGULATIONS  ADOPTED
 PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
 SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   §  9. Subdivision 10 of section 11-0907 of the environmental conserva-
 tion law, as added by section 14 of part EE of chapter 55 of the laws of
 2014, is amended to read as follows:
   10. Notwithstanding any  provision  of  this  chapter,  or  any  prior
 notwithstanding  language  in this article, the department may, by regu-
 lation, authorize the taking of big game by the use of a crossbow by any
 licensed person in any big game season [in any area designated in  items
 (a),  (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of subdi-
 vision two of this section in  which  a  shotgun  or  muzzle  loader  is
 permitted provided however, that any crossbow use during an archery-only
 season  shall  only take place during the last fourteen consecutive days
 of such archery-only season in the  southern  zone  provided  that  such
 archery-only  season  shall consist of not less than forty-five days and
 only during the last ten consecutive days of any archery-only season  in
 the  northern  zone provided that such archery-only season shall consist
 of no less than twenty-three  days.  Any  muzzle  loading  season  which
 occurs  at  the  same  time  as  a special archery season may only occur
 during times when crossbows are authorized to be used].
   § 10. Subdivision 1 of section 11-0929 of the environmental  conserva-
 tion  law, as amended by section 20 of part EE of chapter 55 of the laws
 of 2014, is amended to read as follows:
   1. A licensee who is twelve or thirteen years of age  shall  not  hunt
 wildlife  with  a  gun,  OR  A CROSSBOW or a longbow unless he or she is
 accompanied by his or her parent or legal guardian, or by a person twen-
 ty-one years of age or older designated in writing by his or her  parent
 or  legal  guardian  on a form prescribed by the department, who holds a
 hunting license. [A licensee who is twelve  or  thirteen  years  of  age
 shall not hunt with a crossbow.]
   §  11.  Subparagraph  5  of  paragraph  b  of subdivision 2 of section
 11-0929 of the environmental conservation law is REPEALED  and  subpara-
 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
   §  12. Section 11-0933 of the environmental conservation law, as added
 by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
 to read as follows:
 § 11-0933. Taking small game by crossbow.
   Notwithstanding  any  provision of this chapter, or any prior notwith-
 standing language in this article, the department  may,  by  regulation,
 authorize the taking of small game and wild upland game birds by the use
 of  a  crossbow by any licensed person [fourteen years of age or older],
 in any small game season[, in any area designated  in  items  (a),  (b),

 S. 2508                            66                            A. 3008

 (c),  (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two
 of section 11-0907 of this title in which a shotgun or muzzle loader  is
 permitted].
   § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83
 of  the state finance law, as amended by section 1 of part AA of chapter
 58 of the laws of 2015, is amended to read as follows:
   (i) There is hereby created a special account within the  conservation
 fund  to be known as the state fish and game trust account to consist of
 all moneys received by the state from  the  sale  of  lifetime  hunting,
 fishing,  and trapping licenses, and lifetime archery and muzzle-loading
 privileges pursuant to section 11-0702 of the environmental conservation
 law except those moneys deposited in the habitat conservation and access
 account pursuant to section eighty-three-a of this  chapter.  The  state
 comptroller  shall  invest  the  moneys in such account in securities as
 defined by  section  ninety-eight-a  of  this  article  OR,  WITHIN  THE
 DISCRETION  OF  THE  COMPTROLLER  TO MAXIMIZE INCOME FOR THE ACCOUNT, IN
 INVESTMENTS AUTHORIZED BY  SECTION  ONE  HUNDRED  SEVENTY-SEVEN  OF  THE
 RETIREMENT  AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF
 SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL  SECURITY
 LAW.  Any  income earned by the investment of such moneys, except income
 transferred to the conservation fund pursuant to subparagraph  (iii)  of
 this  paragraph,  shall  be  added to and become a part of, and shall be
 used for the purposes of such account.
   § 14. This act shall take effect immediately.
 
                                  PART Y

   Section 1. Section 27-2701 of the environmental conservation  law,  as
 added  by  chapter 641 of the laws of 2008, subdivision 2 as amended and
 subdivision 7 as added by chapter 481 of the laws of 2014, is amended to
 read as follows:
 § 27-2701. Definitions.
   As used in this title:
   1. "Compostable plastic bag" means a plastic bag  that  at  a  minimum
 meets  the American Society for Testing and Materials standard D6400 for
 compostable plastic, as amended.
   2. "Manufacturer" means the producer of  a  plastic  carryout  bag  or
 OTHER film plastic sold to a store or the manufacturer's agent or broker
 who sold the plastic carryout bag or OTHER film plastic to the store.
   3.  "Operator" means a person in control of, or having daily responsi-
 bility for, the daily operation of a store, which may  include,  but  is
 not limited to, the owner of the store.
   4.  "Plastic carryout bag" means a [plastic] carryout bag MADE OF FILM
 PLASTIC provided by a store to a customer at the point of sale  THAT  IS
 NOT A REUSABLE BAG.
   5.  "Reusable  bag" means A BAG DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:
   (a) [a bag] IS EITHER made of [cloth] (I)  HAND  WASHABLE  or  [other]
 machine  washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR
 NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),  POLYES-
 TER,  OR  NYLON   FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH
 MATERIALS; or
   [(b) a durable plastic bag with handles that is specifically  designed
 and  manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC WASHA-
 BLE MATERIAL; AND

 S. 2508                            67                            A. 3008
 
   (B) HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND  ALLOWS
 THE  BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN PARA-
 GRAPHS (C) AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC OF NATURAL,
 SYNTHETIC, PETROLEUM-BASED,  OR  NON-PETROLEUM-BASED  ORIGIN,  INCLUDING
 WOVEN  OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET),
 COTTON, JUTE, OR CANVAS.
   6. "Store" means a retail establishment that [provides] PROVIDED plas-
 tic carryout bags to its customers as a result of the sale of a  product
 ANY  TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY and (a) has over ten
 thousand square feet of retail space, or (b) such  retail  establishment
 is  part  of a chain engaged in the same general field of business which
 operates five or more units of over five thousand square feet of  retail
 space in this state under common ownership and management.
   7. "Film plastic" means [uncontaminated non-rigid film plastic packag-
 ing  products  composed  of  plastic  resins, which include,] A FLEXIBLE
 SHEET OR SHEETS OF PETROLEUM OR  NON-PETROLEUM-BASED  PLASTIC  RESIN  OR
 OTHER  MATERIAL  COMMONLY  USED  IN  AND  AS  PACKAGING  PRODUCTS, WHICH
 INCLUDE, but are not limited to, newspaper bags, [dry cleaning bags and]
 GARMENT BAGS, shrink-wrap, BAGS USED TO CARRYOUT  AND  DELIVER  PREPARED
 FOOD AND OTHER PLASTIC OVERWRAP.
   8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC.
   §  2.  Section 27-2703 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2703. Store operator responsibilities.
   1. The operator of a  store  shall  establish  an  at-store  recycling
 program pursuant to the provisions of this title that provides an oppor-
 tunity  for a customer of the store to return to the store clean plastic
 carryout bags and OTHER film plastic.
   2. A retail establishment that does not meet the definition of a store
 [and that provides plastic carryout bags to customers at  the  point  of
 sale] may also adopt an at-store recycling program.
   §  3.  Section 27-2705 of the environmental conservation law, as added
 by chapter 641 of the laws of 2008  and  subdivisions  2,  3  and  4  as
 amended  by  chapter  481  of  the  laws  of 2014, is amended to read as
 follows:
 § 27-2705. Recycling program requirements.
   An at-store recycling program provided by  the  operator  of  a  store
 shall require:
   1.  [a  plastic  carryout bag provided by the store to have printed or
 displayed on the bag, in a manner  visible  to  a  consumer,  the  words
 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
 er,  such store shall be allowed for one year from the effective date of
 this subdivision to use its existing stock of plastic carryout  bags.  A
 store  may also apply to the commissioner for approval of an alternative
 plastic bag recycling message. The commissioner shall approve or  reject
 the proposed message within forty-five days;
   2.] a collection bin that is visible, easily accessible to the consum-
 er,  and  clearly  marked  that  the collection bin is available for the
 purpose of collecting and recycling plastic carryout bags and OTHER film
 plastic. This subdivision shall apply to stores not within  an  enclosed

 S. 2508                            68                            A. 3008
 
 shopping  mall  and stores of at least fifty thousand square feet within
 an enclosed shopping mall. In the case of an enclosed shopping mall, the
 owner of the enclosed mall shall  place  bins  at  reasonable  intervals
 throughout the enclosed mall area;
   [3.]  2. all plastic carryout bags and OTHER film plastic collected by
 the store to be collected, transported and recycled along with any other
 in-store plastic recycling, except for FILM plastic bags  that  are  not
 sufficiently  free  of  foreign  material to enter the recycling stream.
 Plastic carryout bags and OTHER film plastic collected by the  store  or
 the  manufacturer,  which  are  free  of  foreign material, shall not be
 disposed of in any solid waste disposal facility permitted or authorized
 pursuant to title seven of this article;
   [4.] 3. the store or its agent to maintain, for  a  minimum  of  three
 years,  records  describing  the  collection, transport and recycling of
 plastic carryout bags  and  OTHER  film  plastic  collected  by  weight,
 provided  however that stores or its agents may weigh such PLASTIC bags,
 film plastic and any other in-store  plastic  recycling  at  a  regional
 collection  center.  Such records shall be made available to the depart-
 ment upon request, to demonstrate compliance with this title; and
   [5.] 4. the operator of the store to (a) make reusable bags  available
 to customers within the store for purchase, and (b) permit a [reuseable]
 REUSABLE  bag  to  be  used in lieu of a [plastic carryout bag or] paper
 CARRYOUT bag.
   § 4. Section 27-2707 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2707. Manufacturer responsibilities.
   1.  When the manufacturer accepts plastic carryout bags and OTHER film
 plastic for return, it or its agent shall maintain,  for  a  minimum  of
 three  years, records describing the collection, transport and recycling
 of plastic carryout bags and OTHER film  plastic  collected  by  weight,
 provided  that  the manufacturer or its agents may weigh such bags, film
 plastic and any other plastic resins at a  regional  collection  center.
 Such  records shall be made available to the department upon request, to
 demonstrate compliance with this title.
   2. Manufacturers of compostable plastic bags sold  to  stores  in  the
 state that are subject to the provisions of this title shall have print-
 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
 BLE  BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags
 may be sold or distributed for one year from the effective date of  this
 section to use the store's existing stock of compostable bags.]
   § 5. Section 27-2709 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2709. Department responsibility.
   1. The department shall develop educational materials to encourage the
 reduction,  reuse  and recycling of plastic carryout bags and OTHER film
 plastic and shall make those materials available to stores  required  to
 comply with this article.
   2. The department shall provide information regarding the availability
 of recycling facilities and companies that recycle FILM plastic bags and
 OTHER  film  plastic,  including the addresses and phone numbers of such
 facilities and companies to stores required to comply with this article.
   § 6. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2713. Preemption.

 S. 2508                            69                            A. 3008
 
   Jurisdiction in all matters pertaining to  plastic  CARRYOUT  bag  and
 OTHER  film  plastic  recycling is by this article vested exclusively in
 the state. Any provision of any local law or ordinance, or any  rule  or
 regulation  promulgated  thereto,  governing  the  recycling  of plastic
 CARRYOUT  bags  and OTHER film plastic shall, upon the effective date of
 this title, be preempted.   Provided however, nothing  in  this  section
 shall  preclude  a  person  from coordinating for recycling or reuse the
 collection of plastic CARRYOUT bags or OTHER film plastic.
   § 7. Section 27-2801 of the environmental conservation law,  as  added
 by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
 read as follows:
 § 27-2801. Definitions.
   As used in this title:
   1. "Exempt bag" means a bag THAT IS: (a) used  solely  to  contain  or
 wrap  uncooked  meat,  fish,  or  poultry; (b) [bags] used by a customer
 solely to package bulk items such  as  fruits,  vegetables,  grains,  or
 candy;  (c)  [bags]  used  solely  to contain food sliced or prepared to
 order; (d) [bags] used solely to contain a newspaper for delivery  to  a
 subscriber; (e) [bags sold] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU-
 TOR  in  bulk  QUANTITIES AND SOLD to a consumer [at the point of sale];
 (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage
 [bags] BAG; (h) USED AS A garment [bags] BAG;  (i)  [bags]  prepackaged,
 PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas-
 tic carryout [bags] BAG provided by a restaurant, tavern or similar food
 service  establishment, as defined in the state sanitary code, to carry-
 out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy  to
 carry prescription drugs; OR (L) A REUSABLE BAG.
   2.  "Plastic  carryout  bag" means any FILM plastic bag, other than an
 exempt bag, that is provided to a  customer  by  a  person  required  to
 collect  tax  to  be  used by the customer to [carry] TRANSPORT tangible
 personal property, regardless of whether such person required to collect
 tax sells any tangible personal property or service to the customer, and
 regardless of whether any tangible personal property or service sold  is
 exempt  from  tax under article twenty-eight of the tax law.  A BAG THAT
 MEETS THE REQUIREMENTS OF A REUSABLE BAG, AS DEFINED IN SUBDIVISION FOUR
 OF THIS SECTION, IS NOT A PLASTIC CARRYOUT BAG.
   3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
 that is provided to a customer by a person required to collect tax to be
 used  by the customer to carry tangible personal property, regardless of
 whether such person required to collect tax sells any tangible  personal
 property  or  service  to  the  customer,  and regardless of whether any
 tangible personal property or service sold  is  exempt  from  tax  under
 article twenty-eight of the tax law.
   4.  "Reusable  bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:  (a) IS EITHER made of [cloth] (I) HAND WASHABLE or  [other]
 machine  washable  CLOTH OR fabric [that has handles]; or [(b) a durable
 bag with handles that is  specifically  designed  and  manufactured  for
 multiple reuse.] (II) OTHER NON-FILM PLASTIC WASHABLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS  (C)
 AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC OF NATURAL,

 S. 2508                            70                            A. 3008
 
 SYNTHETIC, PETROLEUM BASED,  OR  NON-PETROLEUM-BASED  ORIGIN,  INCLUDING
 WOVEN  OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE (PET),
 COTTON, JUTE, OR CANVAS.
   5.  "FILM  PLASTIC"  MEANS  A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR
 NON-PETROLEUM BASED PLASTIC RESIN OR OTHER  MATERIAL  (NOT  INCLUDING  A
 PAPER  CARRYOUT  BAG)  COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH
 INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT  BAGS,  SHRINK-
 WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND OTHER PLASTIC
 OVERWRAP.
   [5.]  6. "Person required to collect tax" means any vendor of tangible
 personal property subject to the  tax  imposed  by  subdivision  (a)  of
 section eleven hundred five of the tax law.
   §  8.  Section 27-2803 of the environmental conservation law, as added
 by section 2 of part H of chapter 58 of the laws of 2019, is amended  to
 read as follows:
 § 27-2803. Plastic carryout bag ban.
   1. No person required to collect tax shall distribute, FOR FREE OR FOR
 SALE,  any  plastic  carryout bags to its customers unless such bags are
 exempt bags as defined in subdivision one of  section  27-2801  of  this
 title.
   2. No person required to collect tax shall prevent a person from using
 a bag of any kind that they have brought for purposes of carrying goods.
   3.  [Nothing  in this section shall be deemed to exempt the provisions
 set forth in title 27 of this article relating to  at  store  recycling]
 ANY  PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND RECYCLING
 REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU-
 SAND TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN  FOR
 COLLECTION  AND  RECYCLING PLASTIC CARRYOUT BAGS AND OTHER FILM PLASTIC,
 SHALL CONTINUE TO COMPLY.
   § 9. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the Bay Park Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified as Subparts A through C. The effective date for  each  particular
 provision contained within such Subpart is set forth in the last section
 of  such  Subpart.    Any  provision  in  any section contained within a
 Subpart, including the effective date of  the  Subpart,  which  makes  a
 reference  to a section "of this act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this act sets forth the general effective date of this act.

                                 SUBPART A
 
   Section 1. Subject to the  provisions  of  this  act,  the  county  of
 Nassau,  acting by and through the county legislature of such county, is
 hereby authorized to (a) discontinue permanently the use as parkland the
 subsurface lands described in sections five, seven, eight and eleven  of
 this act and establish permanent easements on such lands for the purpose
 of constructing, operating, maintaining and repairing a subsurface sewer
 main,  and  (b)  discontinue  temporarily  the use as parkland the lands
 described in sections three, six and nine  of  this  act  and  establish
 temporary  easements  on  such  lands  for the purpose of constructing a

 S. 2508                            71                            A. 3008
 
 subsurface  sewer  main.  Authorization  for  the  temporary   easements
 described  in  sections three, four, six, nine and ten of this act shall
 cease upon the completion of the construction of  such  sewer  main,  at
 which  time  the  department of environmental conservation shall restore
 the surface of the parklands disturbed and the parklands shall  continue
 to  be used for park purposes as they were prior to the establishment of
 such temporary easements.  Authorization  for  the  permanent  easements
 described  in  sections  five, seven, eight and eleven of this act shall
 require that the department of environmental  conservation  restore  the
 surface  of  the parklands disturbed and the parklands shall continue to
 be used for park purposes as they were prior to the establishment of the
 permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only upon the condition that the county of Nassau dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued  to  the acquisition of new parklands and/or capital
 improvements to existing park and recreational facilities.
   § 3. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon  erected,  situate,  lying and being located at Bay Park,
 Town of Hempstead, County of Nassau and State of  New  York  being  more
 particularly  bounded  and described as follows: beginning at a point on
 the northerly line of the Nassau County Sewage Treatment Plant property,
 said Point of Beginning being South 68°06'12" East,  as  measured  along
 northerly  line  of  said  sewage  treatment  plant, 535.50 feet plus or
 minus, from the intersection of the northerly line Nassau County  Sewage
 Treatment Plant with the westerly side of Compton Street; running thence
 South  68°06'12" East, along the northerly line of said sewage treatment
 plant, 249.60 feet plus or minus; thence  South  07°20'58"  West  198.58
 feet  plus  or  minus;  thence  North  78°30'32" West 35.88 feet plus or
 minus; thence North 06°10'23" East 89.20  feet  plus  or  minus;  thence
 North  33°17'21"  West  78.28 feet plus or minus; thence North 66°13'52"
 West 173.72 feet plus or minus; thence North 19°56'50" East  62.50  feet
 plus  or minus, to the northerly line of the Nassau County Sewage Treat-
 ment Plant, at the Point of Beginning.  Containing  within  said  bounds
 23,089 square feet plus or minus. The above described temporary easement
 is  for  the  construction  of  a  fifty-foot diameter access shaft. The
 location of said temporary access shaft is more  particularly  described
 in  section  four of this act. Said parcel being part of property desig-
 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
 Tax Map.
   § 4. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a temporary easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Bay Park, Town of Hemp-
 stead, County of Nassau and State of New York  being  more  particularly
 bounded  and  described as follows: a circular easement with a radius of
 25 feet, the center of said circle being the following three (3) courses
 from the intersection of the northerly line of the Nassau County  Sewage
 Treatment  Plant  with  the  westerly  side  of  Compton Street:   South
 68°06'12" East, along the northerly line of said sewage treatment plant,
 573.10 feet plus or minus to the centerline of  the  permanent  easement
 for  a  force  main  described in section five of this act; thence South

 S. 2508                            72                            A. 3008
 
 22°24'56" West, along said centerline, 19.74 feet plus or minus;  thence
 South  22°24'56"  West,  along  the  production of said centerline, 5.25
 feet, to the center of the herein described circular easement.  Contain-
 ing  within  said bound 1,963 square feet plus or minus.  Said temporary
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
 stead, County of Nassau and State of New York being a 20-foot wide strip
 of land more particularly bounded and described as follows: Beginning at
 a  point  on  the  northerly  line of the Nassau County Sewage Treatment
 Plant property, said Point of Beginning being South 68°06'12"  East,  as
 measured  along  northerly  line  of said sewage treatment plant, 563.10
 feet plus or minus, from the intersection of the northerly  line  Nassau
 County  Sewage Treatment Plant with the westerly side of Compton Street;
 running thence South 68°06'12" East, along the northerly  line  of  said
 sewage treatment plant, 20.00 feet plus or minus; thence South 22°24'56"
 West 19.15 feet plus or minus; thence South 14°35'11" West 1,446.44 feet
 plus  or  minus;  thence  North  75°24'49 West 20.00 feet plus or minus;
 thence North 14°35'11" East 1,447.81 feet plus or  minus;  thence  North
 22°24'56"  East  20.34  feet plus or minus, to the northerly line of the
 Nassau County  Sewage  Treatment  Plant,  at  the  Point  of  Beginning.
 Containing  within  said  bounds 29,337 square feet. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  42
 Block: A Lots: 50, 57 on the Nassau County Land and Tax Map.
   §  6.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northwesterly line of the herein described temporary easement for
 the force main shaft construction area, said Point  of  Beginning  being
 North  44°03'41" East 50.26 feet plus or minus, from the intersection of
 the northerly line of  lands  licensed  to  the  County  of  Nassau,  as
 described  in deed dated December 5, 1977, recorded on January 13, 1978,
 at the Nassau County Clerk's Office in Liber 9088 of Deeds at page  567,
 and  as  shown on map entitled Department of Public Works Nassau County,
 N.Y., Map Showing Lands under the Jurisdiction of the Long Island  State
 Park  Commission  in  Wantagh State Park to be Licensed to the County of
 Nassau for Park and Recreational Purposes in the  Vicinity  of  Wantagh,
 Town  of  Hempstead,  dated  September 1976, and on file at the New York
 State Office of Parks, Recreation and Historic Preservation as  Map  No.
 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known
 as  Old  Mill Road; running thence along the southeasterly side of Lake-
 view Road, North 44°03'41" East 237.63 feet plus or minus; thence  South

 S. 2508                            73                            A. 3008
 
 50°48'50"  East  70.10  feet  plus  or  minus; thence partly through the
 aforementioned lands licensed to the County of Nassau by  the  State  of
 New  York  (Long  Island  State  Park  Commission), South 43°39'59" West
 239.51  feet;  thence  partially  through  a permanent drainage easement
 granted from the City of New York to the County of Nassau, as  shown  on
 Map  of  Real  Property  to  be Acquired for the Improvement of Bellmore
 Creek from Wilson Avenue to Lakeview Road, Filed February  8,  1979,  at
 the Nassau County Clerk's Office as Map No. H-1841, and also through the
 aforementioned  licensed  lands, North 49°12'28" West 71.62 feet plus or
 minus; to the southeasterly side of  Lakeview  Road,  at  the  Point  of
 Beginning.    Containing  within  said bounds 16,864 square feet plus or
 minus. The above described temporary easement is for the construction of
 a forty-four-foot diameter permanent access shaft. The location of  said
 permanent  access  shaft is more particularly described in section seven
 of this act.  Said parcel being part of property designated as  Section:
 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
   §  7.  PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Hamlet of Wantagh, Town  of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows:  Beginning at a point on the south-
 easterly  side  of  Lakeview  Road,  said Point of Beginning being North
 44°03'41" East 170.39 feet plus or minus, from the intersection  of  the
 northerly  line  of lands licensed to the County of Nassau, as described
 in deed dated December 5, 1977, recorded on January  13,  1978,  at  the
 Nassau  County Clerk's Office in Liber 9088 of Deeds at page 567, and as
 shown on map entitled Department of Public Works  Nassau  County,  N.Y.,
 Map  Showing  Lands under the Jurisdiction of the Long Island State Park
 Commission in Wantagh State Park to be Licensed to the County of  Nassau
 for  Park  and Recreational Purposes in the Vicinity of Wantagh, Town of
 Hempstead, dated September 1976, and on  file  at  the  New  York  State
 Office  of  Parks,  Recreation  and  Historic  Preservation  as  Map No.
 21R-1860-1, with the southeasterly side of Lakeview Road, formerly known
 as Old Mill Road; running thence, along the southeasterly side of  Lake-
 view  Road, North 44°03'41" East 25.04 feet plus or minus, to the begin-
 ning of a non-tangent curve; thence 111.59 feet plus or minus along said
 non-tangent circular curve to the right that has a radius of 22.00 feet,
 subtends an angle of 290°37'31",  and  has  a  chord  that  bears  South
 44°03'41" West 25.04 feet, to the Point of Beginning.
 Containing  within  said bounds a surface area of 1,454 square feet plus
 or minus. Said permanent easement is for an access  shaft  that  extends
 from  the surface of the ground to an approximate depth of 70 feet.  The
 permanent easement allows vehicular and personnel access  to  the  shaft
 and  within  the  shaft  for  inspection, maintenance, repair and recon-
 struction.   Any permanent surface improvements for  a  manhole  or  for
 cathodic  protection,  if  necessary,  would  be  flush  with the ground
 surface or integrated into site landscaping. Said parcel being  part  of
 property designated as Section: 56 Block: Y Lot: 259 on the Nassau Coun-
 ty Land and Tax Map.
   §  8.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town

 S. 2508                            74                            A. 3008
 
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 Beginning at the intersection of the southerly side of the Wantagh State
 Parkway,  also being the same as the southerly line of a permanent ease-
 ment granted by the State of New York (Long Island  State  Park  Commis-
 sion) to the Town of Hempstead for Highway purposes shown as Parcel E on
 Map  No.  21R-1651, dated September 30, 1935 and on file at the New York
 State Office of Parks, Recreation and Historic  Preservation,  with  the
 easterly  side of Linden Street, also being the westerly side of Wantagh
 State Parkway; running thence South 87°54'31" West 16.42  feet  plus  or
 minus,  along  the  southerly  side of the Wantagh State Parkway; thence
 through the aforementioned easement, North 49°40'30"  West  172.07  feet
 plus  or minus; thence partially through lands licensed to the County of
 Nassau by the State of New York (Long Island State Park Commission),  as
 described  in deed dated December 5, 1977, recorded on January 13, 1978,
 at the Nassau County Clerk's Office in Liber 9088 of Deeds at page  567,
 also  as shown on map entitled Department of Public Works Nassau County,
 N.Y., Map Showing Lands under the Jurisdiction of the Long Island  State
 Park  Commission  in  Wantagh State Park to be Licensed to the County of
 Nassau for Park and Recreational Purposes in the  Vicinity  of  Wantagh,
 Town  of  Hempstead,  dated  September 1976, and on file at the New York
 State Office of Parks, Recreation and Historic Preservation as  Map  No.
 21R-1860-1,  North  32°14'44" West 1,935.06 feet; thence North 60°00'15"
 West 18.68 feet plus or minus, to the  southeasterly  side  of  Lakeview
 Road;  thence  along  the  southeasterly  side  of  Lakeview Road, North
 44°03'41" East 20.62 feet plus or minus;  thence  South  60°00'15"  East
 18.61  feet  plus  or  minus; thence through the aforementioned licensed
 lands, South 32°14'44" East 1,936.94 feet; thence South  49°40'30"  East
 294.48  feet  plus  or  minus, to the westerly side of the Wantagh State
 Parkway, also being the same as the  easterly  side  of  Linden  Street;
 thence  northwesterly along the westerly side of the Wantagh State Park-
 way, being also the easterly side of Linden Street, 113.74 feet plus  or
 minus  along the arc of a non-tangent curve, bearing to the left, having
 a radius of 1,233.00', a chord that bears North  54°10'34"  West  113.70
 feet  plus or minus, to the southerly side of the Wantagh State Parkway,
 at the Point of Beginning.  Containing within said bounds 43,088  square
 feet  plus  or minus.  The above described permanent easement is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 56 Block: Y  Lots:  259  on  the
 Nassau County Land and Tax Map.
   §  9.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: Beginning at a point
 on the northerly line of the herein  described  temporary  easement  for
 construction  staging,  said  Point of Beginning being more particularly
 described as commencing at the intersection of  the  southerly  side  of
 Byron  Street  with the easterly side of Wantagh Parkway; running thence
 South 02°05'40" East, along the easterly side of Wantagh Parkway, 392.77
 feet plus or minus, to the centerline of the permanent subsurface  ease-
 ment  for  force main, described in section 11 of this act; thence South
 19°14'42" East, along said centerline, 166.40 feet plus or minus, to the

 S. 2508                            75                            A. 3008
 
 northerly line of the temporary easement for  construction  staging,  at
 the  Point of Beginning. Running thence North 87°24'47" East 122.41 feet
 plus or minus; thence South 33°56'04" East 67.89  feet  plus  or  minus;
 thence  South  04°43'16"  East  53.69  feet  plus or minus; thence South
 86°37'33" West 78.30 feet plus or minus;  thence  South  02°20'25"  East
 83.22  feet  plus or minus; thence South 47°03'34" West 102.51 feet plus
 or minus; thence South 86°22'25" West 27.76 feet plus or  minus;  thence
 North  07°01'12"  West 263.59 feet plus or minus; thence North 87°24'47"
 East 45.17 feet plus or minus, to the Point of  Beginning.    Containing
 within said bounds 35,505 square feet plus or minus. The above described
 temporary easement is for the construction of a forty-four-foot diameter
 access  shaft.  The  location  of  said  temporary  access shaft is more
 particularly described in section ten of this  act.  Said  parcel  being
 part  of property designated as Section: 63 Block: 261 Lots: 765G, 765H,
 818A (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   § 10. TEMPORARY SUBSURFACE EASEMENT - Access shaft. Parkland upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows: a circular easement with  a  radius
 of 22 feet, the center of said circle being the following two (2) cours-
 es  from the intersection of the southerly side of Byron Street with the
 easterly side of Wantagh Parkway: South 02°05'40" East along the easter-
 ly side of Wantagh Parkway, 392.77 feet plus or minus, to the centerline
 of the permanent  subsurface  easement  for  force  main,  described  in
 section  11 of this act; thence South 19°14'42" East, along said center-
 line, 224.60 feet plus or minus, to the center of the  herein  described
 circular easement. Containing within said bounds a surface area of 1,521
 square  feet  plus  or  minus.  Said temporary easement is for an access
 shaft that extends from the surface of  the  ground  to  an  approximate
 depth  of  70  feet.  Any  permanent  surface  improvements for cathodic
 protection, if necessary, would be flush  with  the  ground  surface  or
 integrated  into  site  landscaping.  Said parcel being part of property
 designated as Section: 63 Block: 261 Lots: 765G,  765H,  818A  (Part  of
 Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  11.  PERMANENT  SUBSURFACE EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 beginning at a point on the easterly side of the Wantagh State  Parkway,
 said  Point  of Beginning being South 02°05'40" East 358.86 feet plus or
 minus from the intersection of the southerly side of Byron  Street  with
 the  easterly  side  of  Wantagh Parkway; running thence South 19°14'42"
 East 258.49 feet plus or minus; thence  South  02°16'58"  East  1,725.93
 feet  plus or minus; thence southwesterly 43.40 feet plus or minus along
 the arc of a curve to the left having a radius of 1,075.00  feet  and  a
 chord  that  bears South 25°09'48" West 43.39 feet plus or minus; thence
 North 02°16'58" West 1,761.45 feet plus or minus; thence North 19°14'42"
 West 190.70 feet plus or minus, to the easterly side of Wantagh Parkway;
 thence North 02°05'40" West, along the easterly side of Wantagh Parkway,
 67.82 feet plus or minus, to the Point of Beginning.  Containing  within

 S. 2508                            76                            A. 3008
 
 said bounds 39,359 square feet plus or minus. The above described perma-
 nent  easement is for the construction and operation of a six-foot diam-
 eter force main at a minimum depth of  fifteen  feet  below  the  ground
 surface.  Said  parcel  being part of property designated as Section: 63
 Block: 261 Lots: 765G, 818A (Part of Cedar Creek  Park)  on  the  Nassau
 County Land and Tax Map.
   §  12.  Should  the lands described in sections five, seven, eight and
 eleven of this act cease to  be  used  for  the  purposes  described  in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  13.  In  the  event  that the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  eleven  of  this act, the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the county of Nassau has complied with any applicable  federal  require-
 ments pertaining to the alienation or conversion of parklands, including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 14. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subject to the provisions of this act, the village of  East
 Rockaway,  in  the  county  of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 four and five of this act and to grant permanent easements on such lands
 to the State of New  York  or  county  of  Nassau  for  the  purpose  of
 constructing,  operating,  maintaining  and repairing a subsurface sewer
 main, and (b) discontinue temporarily the  use  as  parkland  the  lands
 described  in section three of this act and grant temporary easements on
 such lands to the county of Nassau for the  purpose  of  constructing  a
 subsurface  sewer  main.    Authorization  for  the  temporary  easement
 described in section three of this act shall cease upon  the  completion
 of  the  construction of the sewer main, at which time the department of
 environmental conservation shall restore the surface  of  the  parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the grant of the temporary easement. Authorization
 for the permanent easements described in sections four and five of  this
 act  shall  require  that  the  department of environmental conservation
 restore the surface of the parklands disturbed and the  parklands  shall
 continue  to  be used for park purposes as they were prior to the estab-
 lishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the  condition  that the village of East Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.
   §  3.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
 land upon and under which a temporary easement may be  granted  pursuant
 to  subdivision  (b) of section one of this act is described as follows:

 S. 2508                            77                            A. 3008
 
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated  Village  of East Rockaway, and the Hamlet of Oceanside, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and  described  as  follows:    Beginning at a point on the
 westerly line of the herein described temporary easement for  the  force
 main shaft construction area, said Point of Beginning being more partic-
 ularly  described  as  commencing  at  the  northeast corner of property
 described in deed dated September 16, 1964 from Mary T. Caretto  to  The
 Incorporated  Village  of  East Rockaway, recorded September 18, 1964 at
 the Nassau County Clerk's Office  in  Liber  7317  Deeds  at  page  494,
 running  thence  South  76°23'40"  East,  on the northerly property line
 produced, of property described in the aforesaid Liber 7317 page 494,  a
 distance of 53.41 feet plus or minus, to the westerly line of the herein
 described  temporary  easement at the Point of Beginning. Running thence
 North 14°03'08" East 42.21 feet plus or minus;  thence  South  67°25'43"
 East  237.47  feet plus or minus; thence South 04°13'09" West 35.58 feet
 plus or minus; thence South 86°58'21" West 165.83 feet  plus  or  minus;
 thence  South  64°59'21"  West  106.15 feet; thence North 14°03'08" East
 143.63 feet plus or minus, to the Point of Beginning.  Containing within
 said bounds 23,103 square feet plus or minus. The above described tempo-
 rary easement is for the  construction  of  a  forty-four-foot  diameter
 access  shaft.  The  location  of  said  permanent  access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
 21B on the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be granted pursuant to  subdivision
 (a)  of  section  one of this act is described as all that certain plot,
 piece or parcel of land with buildings and improvements thereon erected,
 situate, lying and being located at Incorporated Village of East  Rocka-
 way,  and  the  Hamlet of Oceanside, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as
 follows:  a  circular  easement  with a radius of 22 feet, the center of
 said circle being the following two(2) courses from the northeast corner
 of property described in deed dated September  16,  1964  from  Mary  T.
 Caretto to The Incorporated Village of East Rockaway, recorded September
 18,  1964  at the Nassau County Clerk's Office in Liber 7317 of Deeds at
 page 494; South 76°23'40" East, on the northerly property line produced,
 of property described in the aforesaid Liber 7317 page 494,  a  distance
 of 185.51 feet plus or minus; to the centerline of the permanent subsur-
 face easement for force main, described in section 5 of this act; thence
 along  said  easement centerline South 19°04'18" West 22.47 feet plus or
 minus, to the center of the herein described circular easement. Contain-
 ing within said bounds a surface area  of  1,521  square  feet  plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate  depth  of  70  feet.    The
 permanent  easement  allows  vehicular and personnel access to the shaft
 and within the shaft for  inspection,  maintenance,  repair  and  recon-
 struction.    Any  permanent  surface  improvements for a manhole or for
 cathodic protection, if  necessary,  would  be  flush  with  the  ground
 surface  or  integrated into site landscaping. Said parcel being part of
 property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B  on
 the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be granted pursuant to  subdivision

 S. 2508                            78                            A. 3008
 
 (a)  of  section  one of this act is described as all that certain plot,
 piece or parcel of land with buildings and improvements thereon erected,
 situate, lying and being located at Incorporated Village of East  Rocka-
 way, and the Hamlet of Oceanside, County of Nassau and State of New York
 being  a  20-foot  wide  strip  of  land  more  particularly bounded and
 described as follows: Beginning at a point on the westerly line  of  the
 herein  described permanent subsurface easement, said Point of Beginning
 being more particularly described as commencing at the northeast  corner
 of  property  described  in  deed  dated September 16, 1964 from Mary T.
 Caretto to The Incorporated Village of East Rockaway, recorded September
 18, 1964 at the Nassau County Clerk's Office in Liber 7317 of  Deeds  at
 page 494; running thence South 76°23'40" East, on the northerly property
 line  produced,  of  property described in the aforesaid Liber 7317 page
 494, a distance of 175.47 feet plus or minus, to the  westerly  line  of
 the  herein  described  permanent  easement,  at the Point of Beginning.
 Running thence North 19°04'18" East 31.11 feet plus  or  minus,  to  the
 southerly  side  of  Mill  River; thence South 67°42'35" East, along the
 southerly side of Mill River, 20.03 feet plus  or  minus;  thence  South
 19°04'18"  West  48.37  feet  plus or minus; thence South 15°40'03" East
 55.00 feet plus or minus, to the northerly side of  Mill  River;  thence
 North 84°40'35" West, along the northerly side of Mill River, 20.33 feet
 plus  or  minus;  thence  North 15°40'03" West 57.60 feet plus or minus;
 thence North 19°04'18" East 24.64 feet plus or minus, to  the  Point  of
 Beginning.  Containing  within  said  bounds  2,167  square feet plus or
 minus. The above described permanent easement is  for  the  construction
 and  operation  of  a six-foot diameter force main at a minimum depth of
 fifteen feet below the ground surface. Said parcel being part of proper-
 ty designated as Section: 38, Block: E, Lots: 12, 14, 21A,  21B  on  the
 Nassau County Land and Tax Map.
   §  6. Should the lands described in sections four and five of this act
 cease to be used for the purposes described in section one of this  act,
 the  permanent easements established pursuant to section one of this act
 shall cease and such lands shall be restored and dedicated as parklands.
   § 7. In the event that the village of East Rockaway received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  five  of  this  act,  the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the village of East Rockaway has complied with  any  applicable  federal
 requirements  pertaining  to  the alienation or conversion of parklands,
 including satisfying the secretary of the interior that  the  alienation
 or  conversion  complies  with all conditions which the secretary of the
 interior deems necessary to assure the substitution of other lands shall
 be equivalent in fair market value and usefulness  to  the  lands  being
 alienated or converted.
   § 8. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Subject to the provisions of this act, the village of Rock-
 ville Centre, in the county of Nassau, acting by and through the village
 board  of  such  village, is hereby authorized to (a) discontinue perma-
 nently the use as parkland the subsurface lands  described  in  sections
 three and six of this act and to grant permanent easements on such lands
 to  the  State  of  New  York  or  county  of  Nassau for the purpose of
 constructing, operating, maintaining and repairing  a  subsurface  sewer

 S. 2508                            79                            A. 3008

 main,  and  (b)  discontinue  temporarily  the use as parkland the lands
 described in sections four, five and seven of this act and grant  tempo-
 rary  easements on such lands to the county of Nassau for the purpose of
 constructing  a  subsurface sewer main.  Authorization for the temporary
 easements described in sections four, five and seven of this  act  shall
 cease  upon  the  completion  of  the construction of the sewer main, at
 which time the department of environmental  conservation  shall  restore
 the  surface of the parklands disturbed and the parklands shall continue
 to be used for park purposes as they were prior  to  the  grant  of  the
 temporary easements. Authorization for the permanent easements described
 in  sections three and six of this act shall require that the department
 of environmental conservation  restore  the  surface  of  the  parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the establishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.
   §  3.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Incorporated Village of Rockville Centre, Town of
 Hempstead,  County of Nassau and State of New York, being a 20-foot wide
 strip of land  more  particularly  bounded  and  described  as  follows:
 Beginning  at  a  point on the northerly side of Mill River Avenue, said
 Point of Beginning being South 74°20'24" East,  as  measured  along  the
 northerly  side  of Mill River Avenue, 60.73 feet plus or minus from the
 intersection of the northerly side of Mill River Avenue with the easter-
 ly side of Riverside Road; running thence North  10°26'55"  East  461.31
 feet  plus  or minus; to the southerly side of South Park Avenue; thence
 along the southerly side of South  Park  Avenue,  South  79°11'54"  East
 20.00  feet  plus or minus, thence South 10°26'55" West 463.01 feet plus
 or minus, to the northerly side of Mill River Avenue, thence  along  the
 northerly  side  of  Mill  River Avenue, North 74°20'24" West 20.08 feet
 plus or minus, to the Point of Beginning. Containing within said  bounds
 9,243  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38 Block: 136 Lots: 231 on
 the Nassau County Land and Tax Map.
   §  4.  TEMPORARY SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a temporary easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being more particularly bounded and described as a  circular
 easement  with  a radius of 22 feet, the center of said circle being the
 following two (2) courses from the intersection of the northerly side of
 South Park  Avenue  with  the  easterly  side  of  Chester  Road:  South
 79°24'16"  East,  along  the northerly side of South Park Avenue, 247.33
 feet plus or minus, to the centerline of the permanent subsurface  ease-

 S. 2508                            80                            A. 3008
 
 ment  for force main described in section 6 of this subpart of this act;
 North 10°26'55" East, along said centerline, 953.71 feet plus or  minus,
 to  the  center  of  the herein described circular easement.  Containing
 within  said  bounds  a surface area of 1,521 square feet plus or minus.
 Said temporary easement is for an access shaft  that  extends  from  the
 surface  of the ground to an approximate depth of 70 feet. Any permanent
 surface improvements for cathodic protection,  if  necessary,  would  be
 flush  with the ground surface or integrated into site landscaping. Said
 parcel being part of property designated as Section: 38  Block:  F  Lot:
 50F on the Nassau County Land and Tax Map.
   §  5.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at  Incorporated
 Village  of Rockville Centre, Incorporated Village of East Rockaway, and
 Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
 and  State  of New York being more particularly bounded and described as
 follows: Beginning at a point  on  the  southerly  side  of  the  herein
 described  temporary  easement  for  construction staging, said Point of
 Beginning being more particularly described as commencing at the  inter-
 section  of  the  northerly  side of South Park Avenue with the easterly
 side of Chester Road; running thence  South  79°24'16"  East  along  the
 northerly  side  of South Park Avenue, 247.33 feet plus or minus, to the
 centerline of the permanent subsurface easement for force main described
 in section 6 of this  act;  thence  North  10°26'55"  East,  along  said
 centerline,  920.41  feet  plus  or  minus, to the southerly line of the
 temporary easement, at the Point  of  Beginning.  Running  thence  North
 76°19'09"  West  185.92  feet plus or minus; thence North 14°49'03" East
 31.83 feet plus or minus; thence South 76°28'34" East 65.98 feet plus or
 minus; thence North 36°46'43" East 60.84  feet  plus  or  minus;  thence
 North  78°41'29"  East 145.19 feet plus or minus; thence South 65°54'19"
 East 45.62 feet plus or minus; thence South 29°38'55" West  146.71  feet
 plus  or minus; thence North 76°19'09" West 40.66 feet plus or minus, to
 the Point of Beginning. Containing within said bounds 22,827 square feet
 plus or minus.  The  above  described  temporary  easement  is  for  the
 construction of a forty-four-foot diameter access shaft. The location of
 said  temporary  access  shaft is more particularly described in section
 four of this act. Said parcel  being  part  of  property  designated  as
 Section:  38 Block: F, Lot:  50F and part of Merton Avenue (not open) on
 the Nassau County Land and Tax Map.
   § 6. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 Rockville Centre, Incorporated Village of East  Rockaway,  and  Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  Beginning at a point on the northerly side of
 South  Park  Avenue,  said  point  being South 79°24'16" East, along the
 northerly side of South Park Avenue, 237.33 feet plus or minus, from the
 intersection of the northerly side of South Park Avenue with the easter-
 ly side of Chester Road; running thence North 10°26'55" East 956.35 feet
 plus or minus; thence North 40°12'27" East 464.95 feet plus or minus, to
 the westerly side of Mill River; thence along the westerly side of  Mill

 S. 2508                            81                            A. 3008
 
 River the following five (5) courses South 10°54'32" East 4.49 feet plus
 or  minus; South 08°32'16" West 6.44 feet plus or minus; South 17°55'44"
 West 8.24 feet plus or minus; South 10°55'50" West  4.90  feet  plus  or
 minus;  South  07°44'20"  West  14.16  feet  plus or minus; thence South
 40°12'27" West 427.49 feet plus or minus; thence  South  10°26'55"  West
 951.08  feet  plus  or minus to the northerly side of South Park Avenue;
 thence North 79°24'16" West, along the  northerly  side  of  South  Park
 Avenue,  20.00 feet plus or minus, to the Point of Beginning. Containing
 within said bounds 28,014 square feet plus or minus. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  38
 Block:  F  Lot:  50F  and Section: 38, Block: T, Lot: 50A, on the Nassau
 County Land and Tax Map.
   § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Town of Hempstead,  County  of  Nassau  and
 State  of  New  York  being  more  particularly bounded and described as
 follows: Beginning at a point on the northerly side of  Sunrise  Highway
 (New  York State Route 27), said point being distant 82.57 feet westerly
 along the northerly side of Sunrise Highway from  the  extreme  westerly
 end  of an arc of a curve connecting the northerly side of Sunrise High-
 way with the westerly side of North Forest Avenue. Running thence  along
 the  northerly  side of Sunrise Highway the following three (3) courses:
 Southwesterly 250.24 feet plus or minus along the arc of a curve bearing
 to the left having a radius of 862.00 feet and a chord that bears  South
 77°03'07"  West  249.36  feet plus or minus, South 68°43'30" West 161.85
 feet plus or minus; Southwesterly 20.44 feet plus or minus along the arc
 of a curve bearing to the right having a radius of  592.00  feet  and  a
 chord  that  bears South 69°00'05" West 20.44 feet plus or minus; thence
 North 14°30'46" West 215.45 feet plus or minus, to the southerly side of
 Long Island Rail Road; thence along  the  southerly  side  of  the  Long
 Island Rail Road, South 87°41'41" East 469.93 feet plus or minus; thence
 South  02°13'26" West 67.80 feet plus or minus, to the northerly side of
 Sunrise Highway, at the Point of  Beginning.    Containing  within  said
 bounds  57,506  square feet plus or minus. The above described temporary
 easement is necessary for the construction of temporary  access  to  the
 aqueduct  below Sunrise Highway area. Said parcel being part of property
 designated as Section: 38 Block: 291 Lot: 17 on the Nassau  County  Land
 and Tax Map.
   §  8. Should the lands described in sections three and six of this act
 cease to be used for the purposes described in section one of this  act,
 the  permanent easements established pursuant to section one of this act
 shall cease and such lands shall be restored and dedicated as parklands.
   § 9. In the event that the village of Rockville  Centre  received  any
 funding  support  or  assistance  from  the  federal  government for the
 purchase, maintenance, or improvement of  the  parklands  set  forth  in
 sections  three through seven of this act, the discontinuance and alien-
 ation of such parklands authorized by the provisions of this  act  shall
 not  occur  until  the village of Rockville Centre has complied with any
 applicable federal requirements pertaining to the alienation or  conver-
 sion  of  parklands,  including satisfying the secretary of the interior
 that the alienation or conversion complies with all conditions which the

 S. 2508                            82                            A. 3008
 
 secretary of the interior deems necessary to assure the substitution  of
 other  lands  shall be equivalent in fair market value and usefulness to
 the lands being alienated or converted.
   § 10. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART AA

   Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
 section 21 of the tax law, as amended by section 17 of part BB of  chap-
 ter 56 of the laws of 2015, is amended to read as follows:
   (i)  The  tangible  property  credit  component  shall be equal to the
 applicable percentage of the cost or other basis for federal income  tax
 purposes  of  tangible  personal  property  and other tangible property,
 including  buildings  and  structural  components  of  buildings,  which
 constitute qualified tangible property and may include any related party
 service  fee  paid; provided that in determining the cost or other basis
 of such property, the taxpayer shall exclude the acquisition cost of any
 item of property with respect to which a credit under this  section  was
 allowable  to  another  taxpayer.  A  related party service fee shall be
 allowed only in the calculation of the tangible property  credit  compo-
 nent and shall not be allowed in the calculation of the site preparation
 credit  component  or  the on-site groundwater remediation credit compo-
 nent. The portion of the tangible property  credit  component  which  is
 attributable  to  related  party  service  fees shall be allowed only as
 follows: (A) in the taxable year in which the qualified tangible proper-
 ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
 service,  for  that portion of the related party service fees which have
 been earned and actually paid to the related party on or before the last
 day of such taxable year; and (B) with respect to any other taxable year
 for which the tangible property credit component may  be  claimed  under
 this  subparagraph  and  in  which  the amount of any additional related
 party service fees are actually paid by  the  taxpayer  to  the  related
 party,  the  tangible property credit component for such amount shall be
 allowed in such taxable year. The credit component amount so  determined
 shall  be  allowed for the taxable year in which such qualified tangible
 property is first placed in service on a qualified site with respect  to
 which  a  certificate  of completion has been issued to the taxpayer, or
 for the taxable year in which the certificate of completion is issued if
 the qualified tangible property is placed in service prior to the  issu-
 ance  of the certificate of completion. This credit component shall only
 be allowed for up to one hundred twenty months after  the  date  of  the
 issuance  of such certificate of completion, PROVIDED, HOWEVER, THAT FOR
 QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION  IS  ISSUED  ON  OR
 AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO

 S. 2508                            83                            A. 3008
 
 THOUSAND  TWELVE,  THE  CREDIT  COMPONENT SHALL BE ALLOWED FOR UP TO ONE
 HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Notwithstanding the contrary provisions of section 9-0501
 of the environmental conservation law and the contrary provisions of the
 public lands  law,  the  department  of  environmental  conservation  is
 authorized  to grant easements for buried cables on real property within
 the Farmersville State Forest, Lost Nation State Forest, and Swift  Hill
 State Forest, which meet the following conditions:
   (a)  The  easements are for buried electric cables which are part of a
 wind powered electric generation project located in the towns  of  Rush-
 ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
   (b)  The  easements  are for a portion of the property within Farmers-
 ville State Forest, Lost Nation  State  Forest,  and  Swift  Hill  State
 Forest owned by the state and managed by the department of environmental
 conservation. The buried cables shall be:
   (1)  located  underground  for approximately 500 feet between turbines
 101 and 102 (which are sited on  private  land),  and  passing  below  a
 section of Farmersville State Forest in Cattaraugus County;
   (2) located underground for approximately 1,600 feet on the south side
 of Hess Road along the Farmersville State Forest boundary in Cattaraugus
 County,  turning southwest to follow an existing track for approximately
 420 feet, and continuing west along the  northern  parcel  boundary  for
 approximately  1,300  feet to the property line, to connect turbines 100
 and 104 (both sited on private land);
   (3) located underground for approximately 2,950 feet  along  the  west
 side  of  North Hill Road in Lost Nation State Forest in Allegany County
 to connect turbines 73, 75, 76, and 77 (all sited on  private  land)  to
 the rest of the project; and
   (4)  located underground for approximately 1,150 feet on the east side
 of Rushford Road, along the western edge of Swift Hill State  Forest  in
 Allegany  County  to connect turbines 124 and 125 (both sited on private
 land) to the rest of the project.
   (c) The easements will be conveyed by the department of  environmental
 conservation  and  take  effect only in the event the underground cables
 proposed to be on such easement lands are certified and approved as part
 of a wind powered electric generation facility pursuant to article 10 of
 the public service law.
   (d) The easements shall terminate when  the  associated  wind  powered
 electric generation project ceases to operate for 18 months as set forth
 in  the easements and the easements shall then revert to the state to be
 managed by the department of environmental conservation as state  forest
 land.
   (e)  The  use  of  chemicals/herbicides for clearing said easements is
 prohibited unless prior approval for the same is granted by the  depart-
 ment of environmental conservation, division of lands and forests.
   §  2.  (a)  In entering into the easements described in section one of
 this act, the department of environmental conservation is authorized  to
 grant  such  easements  for fair market value plus twenty percent of the
 value of the easements plus one hundred thousand dollars  upon  applica-
 tion by Alle-Catt Wind Energy LLC.
   (b)  An amount, not less than fair market value plus twenty percent of
 the value of the easements plus one hundred thousand  dollars  shall  be

 S. 2508                            84                            A. 3008
 
 used to obtain for the state an interest in real property for open space
 purposes  in  region  9  of the department of environmental conservation
 from the regional priority conservation projects list  in  region  9  as
 part of this state's open space conservation plan. The total payment for
 such acquisition or acquisitions shall not be less than the value of the
 easements  to  be conveyed by the state plus twenty percent of the value
 of such easements plus one hundred thousand dollars.
   (c) Any monies received by the department of  environmental  conserva-
 tion  from Alle-Catt Wind Energy LLC in consideration of these easements
 shall be deposited into the  state  environmental  protection  fund,  as
 established in section 92-s of the state finance law, until such time as
 they  can  be  used towards the purchase of the real property as contem-
 plated in subdivision (b) of this section.
   (d) The description of the easements to be conveyed by this act is not
 intended to be a legal description, but  is  intended  to  identify  the
 easements  to  be  conveyed. As a condition of conveyance Alle-Catt Wind
 Energy LLC shall submit to the commissioner of  environmental  conserva-
 tion for his or her approval an accurate survey and description of lands
 generally  described in this section which may be used in the conveyance
 thereof.
   (e) The grant of the easements  is  conditioned  on  the  issuance  of
 certificates  of environmental compatibility and public need pursuant to
 the provisions of article 10 of the public service law.
   (f) Compensation for the stumpage value of trees to be felled  by  the
 entity  shall  be  deposited in the same manner as in subdivision (b) of
 this section with the felled trees to become the property  of  Invenergy
 LLC.  Stumpage  value  is to be determined by the department of environ-
 mental conservation forester based on  the  most  recent  department  of
 environmental  conservation  stumpage price report at the time the trees
 are felled.
   § 3. The commissioner  of  environmental  conservation  may  prescribe
 additional terms for such exchange of real property. Such contract shall
 not  become  binding  upon  the  state until approved by the state comp-
 troller. Title to the land to the people of the state of New York pursu-
 ant to the provisions of such contract shall be approved by the attorney
 general, and the deed to the state shall be approved by him or her as to
 form and manner of execution and recordability before such deed shall be
 accepted on behalf of the state. Notwithstanding the contrary provisions
 of the public lands law, the conveyance  of  the  state-owned  easements
 pursuant  to  such  contract  shall be without reservation or exception,
 except as provided for in  such  contract.  Upon  certification  by  the
 commissioner of environmental conservation to the commissioner of gener-
 al  services of a copy of the contract, and certification that Alle-Catt
 Wind Energy LLC has complied  with  all  terms  and  conditions  of  the
 contract  upon  their  part  to  be  kept and performed, together with a
 description of any of the easements to  be  exchanged,  conveyed  and/or
 payments  to  be made, the commissioner of general services shall convey
 the easements described in section one of this act  in  accordance  with
 the provisions of the contract.
   §  4.  This act shall take effect immediately, and shall expire and be
 deemed repealed five years after such date;  provided,  however,  should
 the  easements  be  granted within the five years, the term of the ease-
 ments will establish the end date of the easements.  At  such  time  the
 land  will  revert  back  to  the  state  of  New  York for state forest
 purposes.

 S. 2508                            85                            A. 3008
 
                                  PART CC

   Section  1.  Section  12  of  part F of chapter 58 of the laws of 2013
 amending the environmental conservation law and the  state  finance  law
 relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
 65 of the laws of 2019, is amended to read as follows:
   §  12.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2013; provided,
 however, that the amendments to subdivision 5-a of  section  27-1015  of
 the  environmental  conservation  law,  as added by section nine of this
 act, shall expire and be deemed repealed on April 1, [2021] 2023.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. This act shall be known and  may  be  cited  as  the  "rail
 advantaged housing act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   (a) Chapter 106 of the laws of 2019 enacted the New York state climate
 leadership  and  community  protection  act  (the  "CLCPA").  The  CLCPA
 directed  the  department  of  environmental conservation to establish a
 statewide greenhouse gas emissions limit for 2030 equal to 60%  of  1990
 emissions, and a statewide greenhouse gas emissions limit for 2050 equal
 to 15% of 1990 emissions (the "CLCPA limits").
   (b)  Transportation  currently  accounts for 36% of the greenhouse gas
 emissions in New York. New York has an obligation to  reduce  greenhouse
 gas emissions in every sector, including transportation.
   (c) The CLCPA recognizes the need to encourage and facilitate land use
 and  transportation  planning  strategies to reduce greenhouse gas emis-
 sions from the transportation sector.
   (d) In 1946, the legislature declared a housing emergency in New  York
 City.  The  emergency  has  continued  through  the present day. Housing
 production throughout the New  York  City  metropolitan  area  has  been
 insufficient to address this emergency for decades.
   (e)  Creating  housing  in  close  proximity to commuter rail stations
 promotes both the goals of the CLCPA and helps to  address  the  housing
 emergency in New York City.
   (f)  A  public policy purpose would be served and the interests of the
 people of the state would  be  advanced  by  expediting  the  regulatory
 review of local zoning changes that will lead to the production of hous-
 ing in close proximity to commuter rail stations.
   § 3. Definitions.
   (a)  "Commissioner"  shall  mean  the  commissioner  of  environmental
 conservation or the commissioner's designee.
   (b) "Commuter rail station" shall mean a rail station,  other  than  a
 rail  station  located  in  New  York City, on any rail line operated by
 either the Long Island Rail Road or the Metro-North Railroad.
   (c) "Commuter rail station area" shall mean the area  within  one-half
 mile of any commuter rail station.
   (d)  "Incremental parking decrease" shall mean, with respect to a rail
 advantaged housing rezoning proposal, the percentage decrease in public-
 ly accessible vehicle parking proximate to a commuter rail station  that
 such rezoning proposal would cause, if effective.
   (e)  "Incremental  population  increase" shall mean, with respect to a
 rail advantaged housing rezoning proposal, the percentage by  which  the

 S. 2508                            86                            A. 3008

 population  of  a  local  jurisdiction including the property subject to
 such rezoning proposal would increase if:  (1)  such  rezoning  proposal
 were  to  become effective; (2) all of the housing permitted to be built
 as  a  result of such rezoning proposal were to be built; and (3) all of
 such housing were to be fully occupied.
   (f) "Local jurisdiction" shall mean any city, county, town, village or
 other political subdivision of the state.
   (g) "Local agency zoning mitigation account"  shall  mean  an  account
 established by a local agency solely for the purpose of mitigating envi-
 ronmental impacts due to any rezoning.
   (h) "Local agency" means any governing body of a local jurisdiction.
   (i)  "Rail  advantaged  housing" shall mean any housing or residential
 building located within one-half mile of a commuter rail station.
   (j) "Rail advantaged housing envelope" shall  mean  the  total  square
 feet  of  residential  space  permitted  to  be built in a commuter rail
 station area under the zoning regulations applicable  to  such  commuter
 rail station area.
   (k)  "Rail advantaged housing rezoning proposal" shall mean a proposal
 for rezoning which, if effective, (1) would increase the rail advantaged
 housing envelope in the area proposed for rezoning, and  (2)  would  not
 affect  zoning  regulations  applicable  outside a commuter rail station
 area.
   (l) "Rezoning" shall mean an action undertaken by a  local  agency  to
 modify zoning regulations.
   (m)  "Rezoning  entity" shall mean a local agency authorized to modify
 zoning regulations.
   § 4. Uniform standards and conditions.
   (a) The commissioner shall establish a set of  uniform  standards  and
 conditions  for  rail  advantaged  housing  rezoning  proposals that are
 common for all rail advantaged housing rezoning proposals or for partic-
 ular  classes  and  categories  of  rail  advantaged  housing   rezoning
 proposals.
   (b)  The  uniform standards and conditions established under paragraph
 (a) of this section shall include:
   1. A standard establishing a maximum incremental  population  increase
 the  exceedance  of which by a rail advantaged housing rezoning proposal
 would cause such rezoning proposal to be deemed to have an environmental
 impact;
   2. A standard establishing a maximum incremental parking decrease  the
 exceedance of which by a rail advantaged housing rezoning proposal would
 cause  such  rezoning  proposal  to  be  deemed to have an environmental
 impact;
   3. A formula to determine, by reference to any, all, or  any  combina-
 tion  of  the  following  factors,  the amount which, if paid to a local
 agency zoning mitigation account, would mitigate the impact  of  housing
 construction  on  the  quality  of a jurisdiction's environment and on a
 local agency's ability to provide essential public services: such  local
 agency's expenses for public education; such local agency's expenses for
 maintenance and improvement of roads, bicycle paths, pedestrian walkways
 and parks; such local agency's expenses to provide drinking water and to
 manage  water  quality; and other factors determined by the commissioner
 to be relevant; and
   4. Any other standards and conditions determined by the commissioner.
   § 5. Expedited zoning review.    Whenever  a  county  legislature  has
 adopted  a  local  law  to  permit rail advantaged housing as defined in
 section three of this act, the uniform standards established pursuant to

 S. 2508                            87                            A. 3008
 
 section four of this act shall apply to such project if the  project  is
 approved.  Approval  by  a  rezoning entity of a rail advantaged housing
 rezoning proposal is contingent upon the approval of the chief executive
 officer  of  any town, village or city and shall be deemed to not have a
 significant effect on the environment under subparagraph (ii)  of  para-
 graph  (c)  of  subdivision  2  of  section  8-0113 of the environmental
 conservation law if prior to such approval:
   (a) the chief executive officer of any town,  village  or  city  which
 includes  property subject to such rezoning has certified that such rail
 advantaged housing rezoning proposal:
   1. does not exceed the population increase standard established  under
 paragraph 1 of subdivision (b) of section four of this act;
   2.  does  not  exceed  the parking decrease standard established under
 paragraph 2 of subdivision (b) of section four of this act;
   3. requires that any person who builds housing pursuant to such rezon-
 ing proposal must pay to any  applicable  local  agency's  local  agency
 rezoning  mitigation  account  an amount not less than the amount deter-
 mined in accordance with the formula established under  paragraph  3  of
 subdivision (b) of section four of this act to be sufficient to mitigate
 any impacts caused by such housing; and
   (b)  such rezoning entity has conducted at least one public hearing on
 such rail advantaged rezoning proposal.
   § 6. This act shall take effect immediately.
 
                                  PART EE

   Section 1. Subdivision 5 of section 1902  of  the  public  authorities
 law,  as  added  by  section  6 of part JJJ of chapter 58 of the laws of
 2020, is amended to read as follows:
   5. Notwithstanding title five-A of article nine of  this  chapter,  OR
 ANY  LAW  TO  THE  CONTRARY,  establish a build-ready program, including
 eligibility and other criteria, pursuant to which the  authority  would,
 through  a competitive and transparent bidding process, AND USING SINGLE
 PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR  ON  BEHALF  OF  THE
 AUTHORITY  AND  HAVING  NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL,
 ACQUIRE, SELL AND transfer rights and  other  interests  in  build-ready
 sites and development rights to developers for the purpose of facilitat-
 ing  the  development of renewable energy facilities on such build-ready
 sites. Such transactions may include the transfer of  rights,  interests
 and  obligations  existing under agreements providing for host community
 benefits negotiated by the authority pursuant  to  programs  established
 pursuant to subdivision six of this section on such terms and conditions
 as the authority deems appropriate;
   §  2.  This  act shall take effect immediately; provided however, that
 the amendments to section 1902 of the public  authorities  law  made  by
 section  one  of this act shall be subject to the repeal of such section
 and shall expire and be deemed repealed therewith.
 
                                  PART FF
 
   Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws
 of  1991,  amending  the  tax  law  and other laws relating to taxes, as
 amended by section 12 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of

 S. 2508                            88                            A. 3008
 
 this  act  shall not apply to any offense committed prior to such effec-
 tive date; provided, further, that section three  hundred  forty-one  of
 this act shall take effect immediately and shall expire November 1, 1993
 at  which  time  it  shall  be  deemed  repealed; sections three hundred
 forty-five and three hundred forty-six of this  act  shall  take  effect
 July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
 six, three hundred fifty-seven and three hundred fifty-nine of this  act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall
 remain in effect until September 1, [2021]  2023,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2021]  2023  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the
 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions

 S. 2508                            89                            A. 3008
 
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;
   §  2. Subdivision 8 of section 1809 of the vehicle and traffic law, as
 amended by section 13 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted   on   or   before   September   first,  two  thousand  [twenty-one]
 TWENTY-THREE.
   § 3. This act shall take effect immediately.
 
                                  PART GG

   Section 1. Section 1226 of the vehicle and traffic law, as amended  by
 chapter 506 of the laws of 1971, is amended to read as follows:
   § 1226. Control of steering mechanism. No person shall operate a motor
 vehicle without having at least one hand or, in the case of a physically
 handicapped  person, at least one prosthetic device or aid on the steer-
 ing mechanism at all times when the motor vehicle is in motion UNLESS  A
 DRIVING  AUTOMATION  SYSTEM,  AS  DEFINED  IN  SAE J3016 AS PERIODICALLY
 REVISED, IS ENGAGED TO PERFORM STEERING FUNCTION.
   § 2. Subdivision a of section 1 of part FF of chapter 55 of  the  laws
 of  2017,  relating  to  motor vehicles equipped with autonomous vehicle
 technology, as amended by section 1 of part H of chapter 58 of the  laws
 of 2018, is amended to read as follows:
   a.  Notwithstanding  the provisions of section 1226 of the vehicle and
 traffic law, the New York  state  commissioner  of  motor  vehicles  may
 approve  demonstrations and tests consisting of the operation of a motor
 vehicle equipped with autonomous vehicle  technology  while  such  motor
 vehicle  is  engaged  in  the  use of such technology on public highways
 within this state for the purposes of demonstrating  and  assessing  the
 current  development of autonomous vehicle technology and to begin iden-
 tifying potential impacts of such technology on safety, traffic control,
 traffic enforcement, emergency services, and such other areas as may  be
 identified  by  such  commissioner. [Provided, however, that such demon-
 strations and tests shall only take place under the  direct  supervision
 of  the  New  York  state police, in a form and manner prescribed by the
 superintendent of  the  New  York  state  police.  Additionally,  a  law
 enforcement  interaction  plan  shall  be included as part of the demon-
 stration and test application that includes information for law enforce-
 ment and first responders regarding how to interact with such a  vehicle
 in  emergency  and  traffic enforcement situations.  Such demonstrations
 and tests shall take place in  a  manner  and  form  prescribed  by  the
 commissioner of motor vehicles including, but not limited to: a require-
 ment  that a natural person holding a valid license for the operation of
 the motor vehicle's class be present within such vehicle for  the  dura-
 tion  of  the time it is operated on public highways; a requirement that
 the motor vehicle utilized in such  demonstrations  and  tests  complies
 with  all applicable federal motor vehicle safety standards and New York
 state motor vehicle inspection standards; and  a  requirement  that  the
 motor vehicle utilized in such demonstrations and tests has in place, at
 a minimum, financial security in the amount of five million dollars] THE
 COMMISSIONER  SHALL  ISSUE  AND PROMULGATE RULES AND REGULATIONS FOR THE
 ADMINISTRATION OF THIS ACT.   Nothing in this act  shall  authorize  the
 motor  vehicle  utilized  in such demonstrations and tests to operate in

 S. 2508                            90                            A. 3008

 violation of article 22 or title 7  of  the  vehicle  and  traffic  law,
 excluding section 1226 of such law.
   §  3. Section 3 of part FF of chapter 55 of the laws of 2017, relating
 to motor  vehicles  equipped  with  autonomous  vehicle  technology,  as
 amended  by  section  2  of part M of chapter 58 of the laws of 2019, is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section one of this act shall expire and be  deemed  repealed  April  1,
 [2021] 2026.
   §  4.  There is hereby established a group to be known as the "Intera-
 gency Group on  Autonomous  Vehicle  Technology".  The  group  shall  be
 composed of the following members: the commissioner of the department of
 transportation  or  his or her designee; the commissioner of the depart-
 ment of motor vehicles or his or her designee; the director of  the  New
 York  State  thruway authority or his or her designee; the chancellor of
 the state university of New York or his or her designee; and the  direc-
 tor  of  the  state  police  or  his or her designee. The group shall be
 responsible for the coordination of all  State  policy  with  regard  to
 autonomous  vehicle and connected autonomous vehicle technology with the
 goal of providing quick and  efficient  modification  of  regulation  in
 response  to  evolving  industry trends. The group shall study, evaluate
 and develop recommendations relating  to  specific  actionable  measures
 that address how automated vehicle technology will transform the state's
 roadways,  economy, education system, and society. The group shall study
 how to support safe testing, deployment and operation of automated vehi-
 cle technology on public highways. In doing so, the group shall take the
 following into consideration: (a) the measures necessary to successfully
 implement automated vehicles, including necessary legislative and  regu-
 latory  or  administrative changes; (b) the difficulties and liabilities
 that could arise by allowing automated vehicles on public  highways  and
 proper mechanisms to manage risks and ensure adequate risk coverage; (c)
 how automated vehicle technology can promote research and development in
 this  state;  (d)  potential  infrastructure  changes needed and capital
 planning considerations; and (f) any other issue the group  deems  rele-
 vant.
   §  5.  This act shall take effect immediately, provided, however, that
 section one of this act shall take effect April 1, 2026.
 
                                  PART HH

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 224-b to read as follows:
   §  224-B.  CONVENIENCE FEE. IN ADDITION TO ANY OTHER FEES PROVIDED FOR
 IN THIS CHAPTER, A NONREFUNDABLE TECHNOLOGY FEE OF ONE DOLLAR  SHALL  BE
 ADDED  TO  THE  APPLICABLE  FEE  FOR  ANY TRANSACTION FOR WHICH A FEE IS
 CHARGED BY THE  DEPARTMENT  FOR:  THE  REGISTRATION,  REREGISTRATION  OR
 RENEWAL  OF  A  REGISTRATION  OF  A  MOTOR VEHICLE, MOTORCYCLE, HISTORIC
 MOTORCYCLE, SNOWMOBILE OR VESSEL; AND  THE  ISSUANCE  OF  ANY  ORIGINAL,
 DUPLICATE  OR  RENEWAL  LEARNER  PERMIT,  DRIVER'S LICENSE OR NON-DRIVER
 IDENTIFICATION CARD. SUCH FEES SHALL BE DEPOSITED TO THE CREDIT  OF  THE
 DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO SECTION
 EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   §  2.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 4 of chapter 368 of the laws of 2019,
 is amended to read as follows:

 S. 2508                            91                            A. 3008
 
   (a) The special obligation reserve and payment account  shall  consist
 (i)  of all moneys required to be deposited in the dedicated highway and
 bridge trust fund pursuant to the provisions  of  sections  two  hundred
 five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
 fifteen  and  eleven  hundred  sixty-seven  of  the  tax  law, [section]
 SECTIONS TWO HUNDRED TWENTY-FOUR-B AND  four  hundred  one  and  article
 [twelve-d]  TWELVE-D of the vehicle and traffic law, and section thirty-
 one of chapter fifty-six of the laws of nineteen  hundred  ninety-three,
 (ii)  all  fees,  fines  or  penalties  collected by the commissioner of
 transportation and  the  commissioner  of  motor  vehicles  pursuant  to
 section  fifty-two,  section  three  hundred twenty-six, section eighty-
 eight of the highway law, subdivision fifteen of section  three  hundred
 eighty-five  of  the  vehicle and traffic law, section two of part U1 of
 chapter sixty-two of the laws of two thousand three, subdivision (d)  of
 section  three  hundred  four-a,  paragraph  one  of subdivision (a) and
 subdivision (d) of section three  hundred  five,  subdivision  six-a  of
 section  four  hundred fifteen and subdivision (g) of section twenty-one
 hundred twenty-five of the vehicle and traffic law, section  fifteen  of
 this  chapter,  excepting  moneys deposited with the state on account of
 betterments performed pursuant to subdivision twenty-seven  or  subdivi-
 sion  thirty-five  of  section  ten  of the highway law, and section one
 hundred forty-five of the transportation law, (iii) any moneys collected
 by the department of transportation for services  provided  pursuant  to
 agreements  entered into in accordance with section ninety-nine-r of the
 general municipal law, and (iv) any other moneys collected  therefor  or
 credited or transferred thereto from any other fund, account or source.
   §  3.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 5 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a) The special obligation reserve and payment account  shall  consist
 (i)  of all moneys required to be deposited in the dedicated highway and
 bridge trust fund pursuant to the provisions  of  sections  two  hundred
 eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
 hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWEN-
 TY-FOUR-B AND four hundred one and article [twelve-d]  TWELVE-D  of  the
 vehicle  and traffic law, and section thirty-one of chapter fifty-six of
 the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
 penalties  collected  by  the  commissioner  of  transportation  and the
 commissioner of motor vehicles pursuant to  section  fifty-two,  section
 three  hundred  twenty-six,  section  eighty-eight  of  the highway law,
 subdivision fifteen of section three hundred eighty-five of the  vehicle
 and  traffic  law,  section  fifteen  of  this chapter, excepting moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision twenty-seven or subdivision thirty-five of  section  ten  of
 the  highway  law, and section one hundred forty-five of the transporta-
 tion law, (iii) any moneys collected by the department of transportation
 for services provided pursuant to agreements entered into in  accordance
 with  section  ninety-nine-r  of the general municipal law, and (iv) any
 other moneys collected therefor or credited or transferred thereto  from
 any other fund, account or source.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law and shall expire and be deemed repealed five
 years after such date; provided, however, that the amendments  to  para-
 graph  (a)  of  subdivision  3 of section 89-b of the state finance law,
 made by section two of this act, shall be subject to the expiration  and
 reversion of such paragraph pursuant to section 13 of part U1 of chapter

 S. 2508                            92                            A. 3008
 
 62  of  the laws of 2003, as amended, when upon such date the provisions
 of section three of this act shall take effect;  provided  further  that
 the  convenience  fee  authorized to be collected in connection with fee
 transactions  relating  to  the registration of motor vehicles, motorcy-
 cles, historic motorcycles, vessels and snowmobiles shall apply  to  new
 registrations  issued,  reregistrations  occurring,  and  to renewals of
 registrations expiring, on and after such  date;  and  provided  further
 that  the  technology  fee authorized to be collected in connection with
 fee transactions relating to learner permits, driver licenses and  iden-
 tification cards shall apply to new learner permits, driver licenses and
 identification  cards issued, and to renewals of learner permits, driver
 licenses and identification cards expiring,  on  and  after  such  date.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or  regulation  and any changes in procedures and information technology
 systems necessary for the implementation of this act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.
 
                                  PART II
 
   Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
 amending the public authorities law, relating to authorizing the  dormi-
 tory  authority to enter into certain design and construction management
 agreements, as amended by section 1 of part B of chapter 58 of the  laws
 of 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2021] 2024.
   § 2. The dormitory authority of the state of New York shall provide  a
 report  providing  information regarding any project undertaken pursuant
 to a design and construction management agreement, as authorized by part
 BB of chapter 58 of the laws of 2012, between the dormitory authority of
 the state of New York and the department of  environmental  conservation
 and/or  the office of parks, recreation and historic preservation to the
 governor, the temporary president of  the  senate  and  speaker  of  the
 assembly.  Such report shall include but not be limited to a description
 of each such project, the project identification  number  of  each  such
 project,  if applicable, the projected date of completion, the status of
 the project, the total cost or projected cost of each such project,  and
 the  location, including the names of any county, town, village or city,
 where each such project is located or  proposed.  In  addition,  such  a
 report  shall be provided to the aforementioned parties by the first day
 of March of each year that the authority to enter into  such  agreements
 pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART JJ

   Section 1. The opening paragraph of section 5102 of the insurance  law
 is amended and a new subsection (n) is added to read as follows:
   In this [chapter] ARTICLE:
   (N) "PROVIDER OF HEALTH SERVICES" MEANS A PERSON OR ENTITY WHO OR THAT
 RENDERS HEALTH SERVICES.
   § 2. Section 5109 of the insurance law, as added by chapter 423 of the
 laws of 2005, is amended to read as follows:

 S. 2508                            93                            A. 3008
 
   §  5109.  Unauthorized  providers  of health services. (a) [The super-
 intendent, in consultation with  the  commissioner  of  health  and  the
 commissioner of education, shall by regulation, promulgate standards and
 procedures  for  investigating  and  suspending or removing the authori-
 zation for providers of health services to demand or request payment for
 health  services  as  specified  in  paragraph  one of subsection (a) of
 section five thousand one hundred two  of  this  article  upon  findings
 reached  after  investigation pursuant to this section. Such regulations
 shall ensure the same  or  greater  due  process  provisions,  including
 notice  and opportunity to be heard, as those afforded physicians inves-
 tigated under article two of the workers'  compensation  law  and  shall
 include  provision for notice to all providers of health services of the
 provisions of this section and  regulations  promulgated  thereunder  at
 least ninety days in advance of the effective date of such regulations.]
 AS  USED  IN  THIS  SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES,
 THERAPIES OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II)  OR
 (IV)  OF  PARAGRAPH  ONE  OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE
 HUNDRED TWO OF THIS ARTICLE.
   (b) [The commissioner of health  and  the  commissioner  of  education
 shall  provide  a  list of the names of all providers of health services
 who the commissioner of health and the commissioner of  education  shall
 deem,  after  reasonable  investigation,  not  authorized  to  demand or
 request any payment for medical services in connection  with  any  claim
 under  this article because such provider of health services] THE SUPER-
 INTENDENT MAY PROHIBIT A PROVIDER OF HEALTH SERVICES FROM  DEMANDING  OR
 REQUESTING  PAYMENT  FOR  HEALTH  SERVICES  RENDERED UNDER THIS ARTICLE,
 OTHER THAN HEALTH SERVICES RENDERED IN THE  EMERGENCY  DEPARTMENT  OF  A
 GENERAL  HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO THOUSAND
 EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, FOR A PERIOD  NOT  EXCEEDING
 THREE YEARS, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING,
 THAT THE PROVIDER OF HEALTH SERVICES:
   (1)  has ADMITTED TO, OR been FOUND guilty of, professional [or other]
 misconduct [or incompetency],  AS  DEFINED  IN  THE  EDUCATION  LAW,  in
 connection  with  [medical] HEALTH services rendered under this article;
 [or
   (2) has exceeded the limits of his or her professional  competence  in
 rendering  medical care under this article or has knowingly made a false
 statement or representation as to a material fact in any medical  report
 made in connection with any claim under this article; or
   (3)]  (2)  solicited,  or [has] employed another PERSON to solicit for
 [himself or herself] THE PROVIDER OF HEALTH SERVICES  or  [for]  another
 PERSON  OR  ENTITY,  professional  treatment, examination or care of [an
 injured] A person in connection with any claim under this article; [or
   (4) has] (3) refused to appear before, or  [to]  answer  ANY  QUESTION
 upon  request of, the [commissioner of health, the] superintendent[,] or
 any duly authorized officer of [the] THIS state, [any  legal  question,]
 or  REFUSED  to produce any relevant information concerning [his or her]
 THE conduct OF THE  PROVIDER  OF  HEALTH  SERVICES  in  connection  with
 [rendering medical] HEALTH services RENDERED under this article; [or
   (5) has] (4) engaged in [patterns] A PATTERN of billing for:
   (A)  HEALTH  services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS
 ARTICLE,  WHEN  THE  HEALTH  SERVICES  were  not  [provided]   RENDERED,
 PROVIDED,  HOWEVER,  THAT AN ADVERSE DETERMINATION BY THE SUPERINTENDENT
 PURSUANT TO THIS SUBPARAGRAPH SHALL NOT BE BASED ON GOOD FAITH  DISPUTES
 REGARDING  THE APPROPRIATENESS OF A PARTICULAR CODE TO DESCRIBE A HEALTH
 SERVICE; OR

 S. 2508                            94                            A. 3008
 
   (B) UNNECESSARY HEALTH SERVICES, PROVIDED, HOWEVER,  THAT  AN  ADVERSE
 DETERMINATION  BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL
 NOT BE BASED SOLELY ON THE FACT THAT ONE OR MORE  INSURERS  HAVE  DENIED
 MULTIPLE CLAIMS SUBMITTED BY THE PROVIDER OF HEALTH SERVICES;
   (5)  UTILIZED  UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS
 ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
 SERVICES;
   (6) UTILIZED LICENSED PERSONS TO  RENDER  HEALTH  SERVICES  THAT  WERE
 BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE;
   (7) CEDED OWNERSHIP, OPERATION OR CONTROL OF A BUSINESS ENTITY AUTHOR-
 IZED  TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A
 PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY
 OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO
 RENDER THE HEALTH SERVICES FOR WHICH THE ENTITY IS LEGALLY AUTHORIZED TO
 PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S  OWNERSHIP,  OPERATION  OR
 CONTROL IS OTHERWISE PERMITTED BY LAW;
   (8)  COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05
 OF THE PENAL LAW;
   (9) HAS BEEN CONVICTED OF A CRIME INVOLVING  FRAUDULENT  OR  DISHONEST
 PRACTICES; OR
   (10) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
 THEREUNDER.
   (c)  [Providers]  A  PROVIDER  of  health services shall [refrain from
 subsequently treating for remuneration, as a private patient, any person
 seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FOR ANY  HEALTH
 SERVICES  under  this article [if such provider pursuant to this section
 has been prohibited from demanding or requesting any payment for medical
 services under this article. An injured claimant so treated or  examined
 may  raise this as] OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY
 DEPARTMENT OF A GENERAL HOSPITAL,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION  TWO  THOUSAND  EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT
 ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED  BY  THE  SUPER-
 INTENDENT  PURSUANT  TO SUBSECTION (B) OF THIS SECTION.  THE PROHIBITION
 ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action  by  [such]
 THE  provider  OF HEALTH SERVICES for payment for [treatment rendered at
 any time after such provider  has  been  prohibited  from  demanding  or
 requesting  payment  for  medical  services in connection with any claim
 under this article] SUCH HEALTH SERVICES.
   (d) THE CHAIR OF THE WORKERS' COMPENSATION  BOARD  SHALL  PROVIDE  THE
 SUPERINTENDENT  A  LIST OF THE NAMES OF ALL PROVIDERS OF HEALTH SERVICES
 WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FINDINGS PURSU-
 ANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE  VOLUN-
 TARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER
 THE  WORKERS' COMPENSATION LAW.  SUCH PROVIDERS OF HEALTH SERVICES SHALL
 NOT BE AUTHORIZED TO DEMAND OR REQUEST ANY PAYMENT FOR  HEALTH  SERVICES
 IN  CONNECTION  WITH  ANY  CLAIM  UNDER  THIS ARTICLE, OTHER THAN HEALTH
 SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL,  AS
 DEFINED  IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF
 THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING  THE  PERIOD  THAT  SUCH
 PROVIDERS  OF HEALTH SERVICES HAVE VOLUNTARILY RESIGNED OR ARE DISQUALI-
 FIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW.
   (E) THE CHAIR OF THE WORKERS' COMPENSATION BOARD  SHALL  MAINTAIN  AND
 REGULARLY  UPDATE  A  DATABASE  CONTAINING A LIST OF PROVIDERS OF HEALTH
 SERVICES WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR  FIND-
 INGS  PURSUANT  TO  SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW,
 HAVE VOLUNTARILY RESIGNED OR  ARE  DISQUALIFIED  FROM  RENDERING  HEALTH

 S. 2508                            95                            A. 3008
 
 SERVICES UNDER THE WORKERS' COMPENSATION LAW, AND SHALL MAKE SUCH INFOR-
 MATION AVAILABLE TO THE PUBLIC.
   (F)  The  [commissioner  of  health and the commissioner of education]
 SUPERINTENDENT shall maintain [and regularly update] a database contain-
 ing a list of providers of health services prohibited  by  this  section
 from  demanding or requesting any payment for health services [connected
 to a claim] RENDERED under this article and shall make [such] THE infor-
 mation available to the public [by means of a website and by a toll free
 number].
   (G) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY  NOT  EXCEEDING  FIFTY
 THOUSAND DOLLARS ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTEN-
 DENT  PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH SERVICES
 PURSUANT TO SUBSECTION (B) OF THIS SECTION.  ANY CIVIL  PENALTY  IMPOSED
 UNDER  THIS  SECTION  THAT  IS BASED UPON THE COMMISSION OF A FRAUDULENT
 INSURANCE ACT, AS DEFINED IN SECTION 176.05 OF THE PENAL LAW,  SHALL  BE
 LEVIED  IN  ACCORDANCE WITH SUBSECTION (C) OF SECTION FOUR HUNDRED THREE
 OF THIS CHAPTER.
   [(e)] (H) Nothing in this section shall be construed  as  limiting  in
 any respect the powers and duties of the commissioner of health, commis-
 sioner  of  education,  THE CHAIR OF THE WORKERS' COMPENSATION BOARD, or
 the superintendent to investigate instances of misconduct by  a  [health
 care]  provider  [and,  after  a  hearing and upon written notice to the
 provider, to temporarily prohibit a provider of  health  services  under
 such  investigation from demanding or requesting any payment for medical
 services under this article for up to ninety days from the date of  such
 notice]  OF  HEALTH SERVICES AND TAKE APPROPRIATE ACTION PURSUANT TO ANY
 OTHER PROVISION OF LAW. A DETERMINATION OF THE  SUPERINTENDENT  PURSUANT
 TO  SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE COMMIS-
 SIONER OF HEALTH OR THE COMMISSIONER  OF  EDUCATION  IN  A  PROFESSIONAL
 DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
   §  3.   The superintendent of financial services shall convene a motor
 vehicle insurance task force, to examine alternatives  to  the  no-fault
 insurance  system as well as other legislative or regulatory initiatives
 to reduce the cost of motor vehicle  insurance.  The  task  force  shall
 issue  a  report  to  the  governor on its recommendations no later than
 December 31, 2021.  The task force shall be chaired by  the  superinten-
 dent  of  financial  services  or  his or her designee, and the governor
 shall appoint eight (8) members comprised of  consumer  representatives,
 health  insurers,  trial  attorneys, healthcare providers, and insurers.
 The members of the task force shall receive no  compensation  for  their
 services,  but  shall  be  allowed  their  actual and necessary expenses
 incurred in the performance of their duties.
   § 4. This act shall take effect immediately;  provided,  however  that
 sections  one  and  two of this act shall take effect on the one hundred
 eightieth day after it shall have become a law.
 
                                  PART KK
 
   Section 1. Section 410 of the economic development law is REPEALED.
   § 2. Section 3102-b of the public authorities law,  as  renumbered  by
 chapter  291  of  the  laws of 1990, the opening paragraph as amended by
 chapter 616 of the laws of 1991, paragraph (a) of subdivision 1,  subdi-
 vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of
 the  laws  of  2010, subdivisions 5 and 6 as added by chapter 828 of the
 laws of 1987, is amended to read as follows:

 S. 2508                            96                            A. 3008
 
   § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
 greater  collaboration  between private industry and the universities of
 the state in the development and application of  new  technologies,  the
 [foundation] DEPARTMENT is authorized to designate for advanced technol-
 ogy  such  areas as integrated electronics, optics, biotechnology, tele-
 communications, automation and robotics, electronics packaging,  imaging
 technology  and  others  [identified by the foundation] as DETERMINED BY
 THE DEPARTMENT IN ACCORDANCE WITH THE  CRITERIA  SET  FORTH  IN  SECTION
 THREE  OF  PART   T   OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND
 TWO, IN AREAS IDENTIFIED BY SUCH DEPARTMENT AS having significant poten-
 tial for economic growth in New York, or in which the application of new
 technologies could significantly enhance the productivity and  stability
 of  New  York  businesses. Such designations shall be made in accordance
 with the standards and criteria set forth in  subdivision  two  of  this
 section.  Centers  so  designated shall be eligible for support from the
 foundation in the manner provided  for  in  subdivision  three  of  this
 section, and for such additional support as may otherwise be provided by
 law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated  research institute or a consortium of such insti-
 tutions, designated by the [foundation]  DEPARTMENT,  which  conducts  a
 continuing program of basic and applied research, development, and tech-
 nology  commercialization in one or more technological areas, in collab-
 oration with and through the support of private business  and  industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the [foundation] DEPARTMENT for this purpose.
   (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.

 S. 2508                            97                            A. 3008
 
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d)  establish  such procedures as it deems appropriate for the evalu-
 ation of applications for designation as centers for advanced  technolo-
 gy,  including  the  establishment  of  peer  review  panels composed of
 nationally recognized experts in the technological areas and  industries
 to which the application is related.
   (E) NOTWITHSTANDING THE CRITERIA SET FORTH IN THIS SUBDIVISION, OR ANY
 PROVISION OF LAW TO THE CONTRARY, THE UNIVERSITIES, UNIVERSITY-AFFILIAT-
 ED  RESEARCH  INSTITUTES OR A CONSORTIUM OF SUCH INSTITUTIONS DESIGNATED
 AS CENTERS OF EXCELLENCE UNDER SECTION FOUR HUNDRED TEN OF THE  ECONOMIC
 DEVELOPMENT  LAW   ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY-ONE  THAT  AMENDED  THIS  SECTION  SHALL  BE
 DESIGNATED AS CENTERS FOR ADVANCED TECHNOLOGY FOR A PERIOD OF TWO YEARS,
 DURING  WHICH  TIME  A COMPETITION WILL BE HELD TO AWARD TEN YEAR DESIG-
 NATIONS TO APPLICANTS DEEMED TO HAVE SIGNIFICANT ECONOMIC IMPACT  POTEN-
 TIAL. THE NUMBER OF AWARDS MADE AS A RESULT OF SUCH COMPETITION SHALL BE
 AT LEAST EQUAL TO THE NUMBER OF CENTERS OF EXCELLENCE. CENTERS OF EXCEL-
 LENCE  RECEIVING  A  TWO YEAR CENTER DESIGNATION SHALL INCLUDE:  BUFFALO
 CENTER OF EXCELLENCE  IN  BIOINFORMATICS  AND  LIFE  SCIENCES;  SYRACUSE
 CENTER  OF EXCELLENCE IN ENVIRONMENTAL AND ENERGY SYSTEMS; ALBANY CENTER
 OF EXCELLENCE IN NANOELECTRONICS; STONY BROOK CENTER  OF  EXCELLENCE  IN
 WIRELESS  AND INFORMATION TECHNOLOGY; BINGHAMTON CENTER OF EXCELLENCE IN
 SMALL SCALE SYSTEMS INTEGRATION AND PACKAGING;  STONY  BROOK  CENTER  OF
 EXCELLENCE  IN ADVANCED ENERGY RESEARCH; BUFFALO CENTER OF EXCELLENCE IN
 MATERIALS INFORMATICS; ROCHESTER CENTER  OF  EXCELLENCE  IN  SUSTAINABLE
 MANUFACTURING;  ROCHESTER  CENTER OF EXCELLENCE IN DATA SCIENCE; RENSSE-
 LAER POLYTECHNIC INSTITUTE CENTER OF EXCELLENCE IN DIGITAL GAME DEVELOP-
 MENT; ROCHESTER INSTITUTE OF TECHNOLOGY CENTER OF EXCELLENCE IN  DIGITAL
 GAME  DEVELOPMENT;  NEW  YORK UNIVERSITY CENTER OF EXCELLENCE IN DIGITAL
 GAME DEVELOPMENT; CORNELL UNIVERSITY CENTER OF EXCELLENCE  IN  FOOD  AND
 AGRICULTURE  INNOVATION;  ALBANY CENTER OF EXCELLENCE IN DATA SCIENCE IN
 ATMOSPHERIC  AND  ENVIRONMENTAL  PREDICTION  AND  INNOVATION;  NEW  YORK
 MEDICAL  COLLEGE  CENTER OF EXCELLENCE IN PRECISION RESPONSES TO BIOTER-
 RORISM AND DISASTER; AND CLARKSON - SUNY ESF  CENTER  OF  EXCELLENCE  IN
 HEALTHY WATER SOLUTIONS.
   3.  (a) From such funds as may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide financial  support,
 through  contracts  or  other  means, to designated centers for advanced
 technology, in order to enhance and accelerate the development  of  such
 centers.    Funds  received pursuant to this subdivision may be used for
 purchase of equipment and fixtures, employment of  faculty  and  support
 staff, provision of graduate fellowships, and other purposes approved by
 the   [foundation]   DEPARTMENT,   but  may  not  be  used  for  capital
 construction. In each case, the  amount  provided  by  the  [foundation]
 DEPARTMENT  to  a center shall be matched by commitments of support from
 private and governmental other than state sources provided that:
   (i) funds or in-kind resources  provided  by  the  public  or  private
 university  of  which  the  center  is a part may be counted towards the
 match;
   (ii) such match shall not be required on a project-by-project basis;
   (iii) matching funds received from businesses with no  more  than  one
 hundred  employees shall count as double the actual dollar amount toward
 the center's overall match requirement;

 S. 2508                            98                            A. 3008
 
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the center's  award  when  determining  the  amount  of  matching  funds
 required by the [foundation] DEPARTMENT.  Such activities shall include,
 but  are  not  limited  to, helping incumbent workers expand their skill
 sets through short courses, seminars, and  workshops;  providing  indus-
 try-driven  research assistant opportunities for students, and aiding in
 the development of undergraduate and graduate courses  in  the  center's
 technology  focus  to  help ensure that students are trained to meet the
 needs of industry;
   (v) centers may use not more  then  twenty-five  percent  of  indirect
 costs towards any match requirements.
   (b)  (I)  The  [amount  provided  by  the  foundation shall be made in
 accordance with the following:
   (i) for the academic year in which it is first funded as a  designated
 center,  and  the  five  subsequent  years,  the] amount provided by the
 [foundation] DEPARTMENT to a center shall  be  matched  equally  by  the
 center[;
   (ii)  beginning in the sixth academic year following the academic year
 in which a center is first funded as a designated center  and  for  each
 academic  year  thereafter,  amounts provided by the foundation of up to
 seven hundred fifty thousand dollars shall be  matched  equally  by  the
 center,  amounts in excess of seven hundred fifty thousand dollars shall
 be matched by the center in amounts of at least the percentage set forth
 herein: in the sixth year, one hundred twenty percent;  in  the  seventh
 year,  one  hundred forty percent; in the eighth year, one hundred sixty
 percent; in the ninth year, one hundred eighty  percent;  in  the  tenth
 year and each year thereafter, two hundred percent;
   (iii) beginning in the ninth academic year following the academic year
 in which a center is first funded as a designated center, the foundation
 shall  evaluate  such  center's area of advanced technology to determine
 whether it has continued significant potential  for  enhancing  economic
 growth  in  New  York, or whether the application of technologies in the
 area could significantly enhance the productivity and stability  of  New
 York businesses;
   (iv) upon]. (II) UPON a finding by the [foundation] DEPARTMENT that an
 area  of  advanced  technology  has  continued significant potential for
 enhancing economic growth in New York, or that the application of  tech-
 nologies  in  the  area could significantly enhance the productivity and
 stability of New  York  businesses,  the  [foundation]  DEPARTMENT  will
 initiate  a  redesignation  process in accordance with the standards and
 criteria set forth in paragraph (b) of subdivision two and in accordance
 with paragraphs (c) and (d) of subdivision two of this section.
   [(1) In the event a new center is selected in the redesignation  proc-
 ess, the foundation shall provide funds to such new center in accordance
 with  the  funding match requirements set forth in subparagraphs (i) and
 (ii) of paragraph (a) of this subdivision.
   (2) In the event a previously designated center is redesignated in the
 same area of technology, which redesignation is effective for the  tenth
 academic  year following the first academic year of both designation and
 funding, then, in that year and in each year thereafter, the  foundation
 shall  provide funds of up to seven hundred fifty thousand dollars to be
 matched equally by the center, amounts in excess of seven hundred  fifty
 thousand  dollars  shall be matched by the center in amounts of at least
 two hundred percent.

 S. 2508                            99                            A. 3008

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

 S. 2508                            100                           A. 3008
 
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall
 be  available  only  to  those  applicants  which in the judgment of the
 [foundation] DEPARTMENT may reasonably be expected to be  designated  as
 centers. No applicant shall receive more than one such grant.
   5.  (a)  From  such  funds  as  may be appropriated for the purpose of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide grants, on a competitive basis, to centers for projects  includ-
 ing, but not limited to, those which:
   (i)  explore  new  technologies  with commercial application conducted
 jointly by two or more centers or a center  and  non-center  university,
 college or community college;
   (ii)  are  aimed  at enhancing or accelerating the process of bringing
 new products, particularly those under development by  new  small  busi-
 nesses, to the marketplace; or
   (iii)  increase  technology  transfer projects with the state's mature
 manufacturing industries in applying technology in  their  manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis  by  the  [foundation]  DEPARTMENT, which may consider the type of
 project and the availability of amounts  from  private,  university  and
 governmental, other than state, sources.
   6.  (a) The [foundation] DEPARTMENT shall make an annual report of the
 centers for advanced technology program to the governor and the legisla-
 ture not later than September first of  each  year.  Such  report  shall
 include,  but  not  be  limited  to,  the  results of the [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of each center, any deficiencies in the operation of each center or  its
 research, education and technology commercialization activities, remedi-
 al  actions recommended by the [foundation] DEPARTMENT, remedial actions
 taken by each center, a description of  the  small  business  assistance
 provided  by  each  center, a description of any incentive grant program
 awarded a grant by the [foundation] DEPARTMENT and the  achievements  of
 such  program,  and  the  amount of financial assistance provided by the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b) Annual reports shall include a discussion of any fields  of  tech-
 nology  that  the foundation has identified as having significant poten-
 tial for economic growth or improved productivity and stability  of  New
 York  businesses and in which no center for advanced technology has been
 designated and recommendations of  the  [foundation]  DEPARTMENT  as  to
 actions that should be taken.
   § 3. This act shall take effect immediately, provided, however section
 one of this act shall take effect April 1, 2023.

                                  PART LL
 
   Section  1. Paragraph (a) of subdivision 1 of section 9-x of the bank-
 ing law, as amended by section 1 of part C of chapter 126 of the laws of
 2020, is amended to read as follows:

 S. 2508                            101                           A. 3008
 
   (a) "Covered period" means March 7, 2020 until the LATER  OF  DECEMBER
 31,  2021  OR  THE  date  on which none of the provisions that closed or
 otherwise restricted public or private businesses or  places  of  public
 accommodation,  or  required postponement or cancellation of all non-es-
 sential  gatherings  of individuals of any size for any reason in Execu-
 tive Orders 202.3, 202.4, 202.5, 202.6, 202.7,  202.8,  202.10,  202.11,
 202.13  or 202.14, as extended by Executive Orders 202.28 and 202.31 and
 as further extended by any future Executive Order, issued in response to
 the COVID-19 pandemic continue to apply in the county of  the  qualified
 mortgagor's residence;
   § 2. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. This act enacts into law components of legislation relating
 to  eviction  and  foreclosure  protections  for  tenants  and owners of
 commercial real property. Each component is wholly  contained  within  a
 subpart  identified as Subparts A through B. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of such Subpart.   Any provision in any section contained
 within a subpart, including the effective date  of  the  subpart,  which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the subpart in which it is found.  Section five
 of this act sets forth the general effective date of this act.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "COVID-19  Emergency Eviction and Foreclosure Prevention for Tenants and
 Owners of Commercial Real Property Act of 2021".
   § 3. Legislative intent. The Legislature finds and declares all of the
 following:
   1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer-
 gency in response to the Coronavirus disease (COVID-19) pandemic.  Meas-
 ures  necessary  to  contain  the  spread of COVID-19 have brought about
 widespread economic and societal disruption, placing the  state  of  New
 York in unprecedented circumstances.
   2.  COVID-19  presents  a  historic  threat  to  public health and the
 economic well-being of New Yorkers. Commercial tenants and real property
 owners are facing eviction  or  foreclosure  due  to  necessary  disease
 control  measures  that  reduced  businesses  revenue and triggered mass
 unemployment across the state.
   3. The pandemic has further interrupted court operations,  the  avail-
 ability  of counsel, the ability for parties to pay for counsel, and the
 ability to safely commute and enter a courtroom,  settlement  conference
 and the like.
   4.  A  temporary prohibition of evictions and foreclosures for commer-
 cial properties is to the mutual benefit of all  New  Yorkers  and  will
 help  the  state  address  the  financial  toll of the pandemic, protect
 public health, and set the stage for economic recovery.
   5. As such, a limited, temporary stay  is  necessary  to  protect  the
 public health, financial security, and morals of the people the Legisla-
 ture represents from the dangers of the COVID-emergency pandemic.
 
                                 SUBPART A
 
   Section 1. Definitions. For the purposes of this act:

 S. 2508                            102                           A. 3008
 
   1.  "Eviction  proceeding"  means  a  summary  proceeding  to  recover
 possession of real property relating to a commercial unit under the real
 property actions and proceedings law for nonpayment of rent or any other
 judicial proceeding to recover possession of  commercial  real  property
 for nonpayment of rent.
   2.  "Landlord"  includes  a  landlord,  owner of real property and any
 other person with a legal right to pursue eviction,  possessory  action,
 or  a  money  judgment for rent, including arrears, owed or that becomes
 due during the COVID-19 covered period, as defined in section 1 of chap-
 ter 127 of the laws of 2020.
   3. "Tenant" includes a commercial tenant, or any other person or enti-
 ty responsible for paying rent, use and occupancy, or any  other  finan-
 cial  obligation  under  a lease for real property or tenancy agreement,
 but does not include a residential tenant of a dwelling unit.
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point  type, published by the office of court administration, whether
 in physical or electronic form, regarding the financial hardship of  the
 tenant and signed under the penalty of perjury by the tenant:
 "NOTICE  TO  COMMERCIAL TENANT: If you have lost income or had increased
 costs during the COVID-19 pandemic as described in this hardship  decla-
 ration  and you sign and deliver this hardship declaration to your land-
 lord, you cannot be evicted until at least May 1, 2021 for nonpayment of
 rent. You or your licensees may still  be  evicted  for  violating  your
 lease by persistently engaging in behavior that infringes on the use and
 enjoyment  of  other tenants or occupants or causes a substantial safety
 hazard to others. If your landlord has provided you with this form, your
 landlord must also provide you with a mailing address and email  address
 to  which you can return this form. If your landlord has already started
 an eviction proceeding against you, you can return this form  to  either
 your landlord, the court, or both at any time. You should keep a copy or
 a  picture  of  the signed form for your records. You will still owe any
 unpaid rent to your landlord. You should also keep careful track of what
 you have paid and any amount you still owe.
 COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19  PANDEM-
 IC:   I am a commercial tenant, lawful occupant, or other person respon-
 sible for paying rent, use and occupancy, or any other  financial  obli-
 gation  under  a  commercial  lease  or  commercial tenancy agreement at
 (address of commercial property).
   You must indicate below your qualification for eviction protection  by
 checking the appropriate box and signing the declaration:
 My  business  is  experiencing  financial  hardship  due to the COVID-19
 pandemic, I certify I have not received any federal, state or local  aid
 for  businesses  harmed  by  COVID-19, and I am unable to pay my rent or
 other financial obligations under the  lease  in  full  because  of  the
 following:

 ( )  My  business was subject to seating, occupancy or on-premises pres-
 ence limitations due to COVID-19 safety measures as required by New York
 State Executive Orders and the business suffered a significant  loss  of
 income  or  significant  increase in cost, the approximate percentage of
 which may be required to be provided or proved by documentation;
 ( ) My business has experienced a reduction  in  gross  receipts  by  at
 least  thirty-five  percent for any three-month term during the COVID-19
 coverage period that is comparable to a three-month term in 2019,  which
 may be required to be proved by documentation;

 S. 2508                            103                           A. 3008
 
 ( ) My business has experienced a net decrease in employment by at least
 thirty-five  percent for any three-month term during the COVID-19 cover-
 age period that is comparable to a three-month term in 2019,  which  may
 be required to be proved by documentation; or
 ( ) I attest that my business was in receipt of federal, state, or local
 aid  for  businesses financially harmed by COVID-19, however the amounts
 received _____ (fill in  amount)  was  insufficient  to  pay  fully  any
 arrears,  and  my  business still meets one or more of the criteria laid
 out above and I qualify for financial hardship under this section.
   I understand that I must comply with all other lawful terms  under  my
 tenancy,  lease agreement or similar contract. I further understand that
 lawful fees, penalties or interest for not having paid rent in  full  or
 met  other financial obligations as required by my tenancy, lease agree-
 ment or similar contract may still  be  charged  or  collected  and  may
 result  in  a monetary judgment against me. I further understand that my
 landlord may be able to seek eviction after May 1, 2021,  and  that  the
 law  may provide certain protections at that time that are separate from
 those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 2. Notwithstanding any law to  the  contrary  no  commercial  tenant
 shall  be  removed  from  possession  prior to May 1, 2021, except by an
 eviction proceeding.
   § 3. Pending eviction proceedings. Any eviction proceeding pending  on
 the  effective date of this act, including eviction proceedings filed on
 or before March 7, 2020, or commenced within thirty days of  the  effec-
 tive  date  of  this act shall be stayed for at least thirty days, or to
 such later date that the chief administrative judge shall  determine  is
 necessary  to  ensure that courts are prepared to conduct proceedings in
 compliance with this act and to give tenants an  opportunity  to  submit
 the  hardship  declaration  pursuant to this act. The court in each case
 shall promptly issue an order directing such stay and promptly mail  the
 respondent a copy of the hardship declaration.
   §  4. Prohibition on initiation of eviction proceeding. If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation of an eviction proceeding against the tenant until at least May 1,
 2021,  and in such event any specific time limit for the commencement of
 an eviction proceeding shall be tolled until May 1, 2021.
   § 5. Required affidavit. 1. No court shall accept for filing any peti-
 tion or complaint or other filing to  commence  an  eviction  proceeding
 unless  the  petitioner or an agent of the petitioner or plaintiff files
 an affidavit of service, attesting to the service of both  the  eviction
 papers  and an unexecuted copy of the hardship declaration, and accompa-
 nied by an affidavit by petitioner or plaintiff that:
   a. at the time of filing, neither the petitioner or the plaintiff  nor
 any  agent of the petitioner or plaintiff has received a hardship decla-
 ration from the respondent or defendant, or
   b. the respondent or defendant has returned  a  hardship  declaration,
 but  the respondent or its licensees are persistently engaging in behav-

 S. 2508                            104                           A. 3008
 
 ior that infringes on the use and enjoyment of other  tenants  or  occu-
 pants  or  causes a substantial safety hazard to others, with a specific
 description of the behavior alleged.
   2.  Upon  accepting  a  petition  or complaint the attorney, judge, or
 clerk of the court, as the case may be, shall determine whether  a  copy
 of  the hardship declaration is annexed to the served notice of petition
 or summons and complaint and, if not, shall  ensure  that  the  hardship
 declaration  is  attached  to  such  notice  or summons. At the earliest
 possible opportunity, the court shall seek confirmation on the record or
 in writing from the respondent  or  defendant  that  the  respondent  or
 defendant  has received the hardship declaration and that the respondent
 or defendant has not submitted a hardship declaration to the  petitioner
 or plaintiff, an agent of the petitioner or plaintiff, or the court.
   §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
 eviction warrant or judgment of possession or  ejectment  has  not  been
 issued, including eviction proceedings filed on or before March 7, 2020,
 if  the  tenant  provides  a  hardship  declaration to the petitioner or
 plaintiff, the court, or an agent of the petitioner or  the  court,  the
 eviction  proceeding shall be stayed until at least May 1, 2021. If such
 hardship declaration is provided to the petitioner or plaintiff or their
 agent, such petitioner or plaintiff or their agent shall  promptly  file
 it with the court, advising the court in writing the index number of all
 relevant cases.
   § 7. Sections two, three, four, and six of this act shall not apply if
 the  tenant  or its licensees are persistently engaging in behavior that
 infringes on the use and enjoyment of  other  tenants  or  occupants  or
 causes a substantial health or safety hazard to others.
   § 8. Translation of hardship declaration. The office of court adminis-
 tration  shall translate the hardship declaration, as defined in section
 one of this act, into Spanish and the six most common languages  in  the
 city of New York, after Spanish, and shall post and maintain such trans-
 lations  and an English language copy of the hardship declaration on the
 website of such office beginning within fifteen days  of  the  effective
 date  of this act. To the extent practicable, the office of court admin-
 istration shall post and maintain on its website translations into  such
 additional languages as the chief administrative judge shall deem appro-
 priate  to  ensure  that  tenants  have an opportunity to understand and
 submit hardship declarations pursuant to this act.
   § 9. If any clause, sentence, paragraph, section, or part of this  act
 shall  be  adjudged by any court of competent jurisdiction to be invalid
 and after exhaustion of all further judicial review, the judgment  shall
 not  affect,  impair  or  invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   § 10. This act shall take effect immediately and  sections  one,  two,
 three, four, five, six, seven, and eight of this act shall expire May 1,
 2021.
 
                                 SUBPART B

   Section  1.  This  subpart  enacts  into law components of legislation
 relating to mortgage foreclosures.
   § 2. Application. This act shall apply to any action  to  foreclose  a
 mortgage relating to a commercial or multi-family real property.

 S. 2508                            105                           A. 3008
 
   (a) For purposes of this act, real property shall not include residen-
 tial  real  property  that is subject to the COVID-19 Emergency Eviction
 and Foreclosure Prevention Act of 2020.
   (b) For purposes of this act, real property shall not include property
 that  has  not  been  maintained  or  has not been actively marketed for
 rental for a continuous period of six months before the submission of  a
 hardship declaration pursuant to this action.
   (c) Notwithstanding anything to the contrary, this act shall not apply
 to  and  does  not affect any mortgage loans made, insured, purchased or
 securitized by a corporate governmental agency of the state  constituted
 as a political subdivision and public benefit corporation, or the rights
 and  obligations  of  any  lender,  issuer, servicer, or trustee of such
 obligations.
   § 3. Definitions. For the purposes of this act, "Hardship Declaration"
 means the following statement, or a substantially similar statement,  in
 the  mortgagor's  primary  language,  in 14-point type, published by the
 office of court administration, whether in physical or  electronic  form
 and signed under the penalty of perjury stating the following:
 "NOTICE  TO  MORTGAGOR:  If  you have lost income or had increased costs
 during the COVID-19 pandemic as described in this  hardship  declaration
 and  you  sign  and  deliver  this hardship declaration to your mortgage
 lender, you cannot be foreclosed on until at least May 1, 2021.  You  or
 your  licensees may still be evicted for violating your lease by persis-
 tently engaging in behavior that infringes on the use and  enjoyment  of
 other  tenants  or  occupants  or  causes a substantial safety hazard to
 others.
 If your mortgage lender or other foreclosing party has provided you with
 this form, they must also provide you with a mailing address  and  email
 address  to  which  you can return this form. If your mortgage lender or
 other foreclosing party has already  started  a  foreclosure  proceeding
 against  you, you can return this form to either your mortgage lender or
 the foreclosing party, the court, or both at any time. You should keep a
 copy or a picture of the signed form for your records.  You  will  still
 owe  any  unpaid  mortgage  payments and lawful fees to your lender. You
 should also keep careful track of what you have paid and any amount  you
 still owe.
 COMMERCIAL  MORTGAGOR'S  DECLARATION  OF COVID-19 BUSINESS RELATED HARD-
 SHIP:  I am the mortgagor of the  property  at  (address  of  commercial
 business).  I am experiencing financial hardship and I have not received
 any federal, state, or local aid for businesses  financially  harmed  by
 COVID-19,  and  I am unable to pay my mortgage in full because of one or
 more of the following:
 
 ( ) One or more of my tenants have defaulted on a significant amount  of
 rent payments since March 1, 2020, which may be required to be proved by
 documentation;
 ( ) My tenant's business was subject to seating, occupancy or on-premis-
 es  presence  limitations due to COVID-19 safety measures as required by
 New York State Executive Orders and the business suffered a  significant
 loss  or  income or increase in cost which has resulted in the reduction
 of a significant amount of rent payments, which may be  required  to  be
 proved by documentation;
 ( )  I  have  suffered a significant reduction in revenue or increase in
 cost for any three-month period during  the  COVID-19  coverage  period,
 which may be required to be proved by documentation.

 S. 2508                            106                           A. 3008
 
 I  attest that if my business was in receipt of federal, state, or local
 aid for businesses financially harmed by COVID-19, that such  amount  of
 ________  (fill in amount), was insufficient to cover my mortgage and my
 business still meets the criteria laid  out  above  and  I  qualify  for
 financial  hardship  under this section. I understand that I must comply
 with all the other lawful terms under my mortgage agreement.  I  further
 understand  that  lawful fees, penalties or interest for not having paid
 my mortgage in full as required by my mortgage agreement  may  still  be
 charged or collected and may result in a monetary judgment against me. I
 also  understand  that my mortgage lender or other foreclosing party may
 pursue a foreclosure action against me on or after May 1, 2021, if I  do
 not fully repay any missed or partial payments and lawful fees.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  4. Any action to foreclose a mortgage pending on the effective date
 of this act, including actions filed on or  before  March  7,  2020,  or
 commenced  within thirty days of the effective date of this act shall be
 stayed for at least thirty days, or to such later date  that  the  chief
 administrative  judge shall determine is necessary to ensure that courts
 are prepared to conduct proceedings in compliance with this act  and  to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant  to  this  act. The court in each case shall promptly issue an order
 directing such stay and promptly mail the mortgagor a copy of the  hard-
 ship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of  an  action  to  foreclose  a mortgage against the mortgagor until at
 least May 1, 2021, and in such event any specific  time  limit  for  the
 commencement  of an action to foreclose a mortgage shall be tolled until
 May 1, 2021.
   § 6. No court shall accept for filing any action to foreclose a  mort-
 gage  unless  the foreclosing party or an agent of the foreclosing party
 files an affidavit, of service demonstrating the service of  a  copy  of
 the  summons  and  complaint or notice of petition, along with an unexe-
 cuted copy of the hardship declaration; and an affidavit  by  the  peti-
 tioner  attesting  that  at  the time of filing, neither the foreclosing
 party nor any agent of the foreclosing party  has  received  a  hardship
 declaration  from  the  mortgagor. At the earliest possible opportunity,
 the court shall seek confirmation on the record or in writing  that  the
 mortgagor  has  received a copy of the hardship declaration and that the
 mortgagor has not returned the hardship declaration to  the  foreclosing
 party  or  an  agent of the foreclosing party. If the court determines a
 mortgagor has not received a hardship declaration, then the court  shall
 stay  the  proceeding for a reasonable period of time, which shall be no
 less than ten business days or any longer period  provided  by  law,  to
 ensure the mortgagor received and fully considered whether to submit the
 hardship declaration.
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has  been issued prior to the effective date of this act but has not yet
 been executed as of the effective date of this  act,  including  actions

 S. 2508                            107                           A. 3008
 
 filed  on or before March 7, 2020, the court shall stay the execution of
 the judgment at least until the court has held a status conference  with
 the  parties.    In any action to foreclose a mortgage, if the mortgagor
 provides  a hardship declaration to the foreclosing party, the court, or
 an agent of the foreclosing party or the court, prior to  the  execution
 of  the  judgment,  the  execution shall be stayed until at least May 1,
 2021. If such hardship declaration is provided to the foreclosing  party
 or agent of the foreclosing party, such foreclosing party or agent shall
 promptly file it with the court, advising the court in writing the index
 number of all relevant cases.
   §  8. If any clause, sentence, paragraph, section, or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 not affect, impair or invalidate the remainder  thereof,  but  shall  be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   §  9.  This  act  shall take effect immediately and sections one, two,
 three, four, five, six and seven of this act shall expire May 1, 2021.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through B of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART NN
 
   Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
 of 2015, appropriating money  for  certain  municipal  corporations  and
 school  districts,  as amended by section 1 of part AAA of chapter 59 of
 the laws of 2018, is amended to read as follows:
   Section 1. Contingent  upon  available  funding,  and  not  to  exceed
 [$69,000,000] $140,000,000 moneys from the urban development corporation
 shall be available for a local government entity, which for the purposes
 of  this  section  shall  mean  a  county,  city,  town, village, school
 district or special district, where (i) on or after June  25,  2015,  an
 electric generating facility located within such local government entity
 has  ceased operations, and (ii) the closing of such facility has caused
 a reduction in the real property tax collections or payments in lieu  of
 taxes of at least twenty percent owed by such electric generating facil-
 ity.  Such  moneys attributable to the cessation of operations, shall be
 paid annually on a first come, first served basis by the urban  develop-
 ment  corporation  to  such  local government entity within a reasonable
 time upon confirmation from  the  state  office  of  real  property  tax
 services  or  the  local  industrial  development  authority established
 pursuant to titles eleven and fifteen of article  eight  of  the  public
 authorities  law, or the local industrial development agency established
 pursuant to article eighteen-A of the general municipal  law  that  such
 cessation  has  resulted  in  a  reduction  in  the  real  property  tax

 S. 2508                            108                           A. 3008
 
 collections or payments in lieu of taxes, provided,  however,  that  the
 urban development corporation shall not provide assistance to such local
 government  entity  for  more than seven years, and shall award payments
 reflecting  the  loss  of revenues due to the cessation of operations as
 follows:
 
         Award Year                Maximum Potential Award
             1           no more than eighty percent of loss of revenues
             2           no more than seventy percent of loss of revenues
             3           no more than sixty percent of loss of revenues
             4           no more than fifty percent of loss of revenues
             5           no more than forty percent of loss of revenues
             6           no more than thirty percent of loss of revenues
             7           no more than twenty percent of loss of revenues
 
   A local government entity shall be eligible for only  one  payment  of
 funds hereunder per year.  A local government entity may seek assistance
 under  the electric generation facility cessation mitigation fund once a
 generator has submitted its notice to the federally designated  electric
 bulk  system  operator (BSO) serving the state of New York of its intent
 to retire the facility or of its intent to voluntarily remove the facil-
 ity from service subject to  any  return-to-service  provisions  of  any
 tariff,  and  that the facility also is ineligible to participate in the
 markets operated by the BSO. The date of submission of a  local  govern-
 ment  entity's  application  for assistance shall establish the order in
 which assistance is paid to program applicants, except that in no  event
 shall  assistance  be  paid to a local government entity until such time
 that an electric generating facility has retired or become ineligible to
 participate in the markets operated by the BSO.  For  purposes  of  this
 section,  any local government entity seeking assistance under the elec-
 tric generation facility cessation mitigation fund must submit an attes-
 tation to the department of public service that a facility is no  longer
 producing electricity and is no longer participating in markets operated
 by  the BSO. After receipt of such attestation, the department of public
 service shall confirm such information with the BSO. In  the  case  that
 the  BSO  confirms to the department of public service that the facility
 is no longer producing electricity and participating in markets operated
 by such BSO, it shall be deemed that the  electric  generating  facility
 located  within  the  local  government entity has ceased operation. The
 department of public service shall  provide  such  confirmation  to  the
 urban  development  corporation  upon  receipt. The determination of the
 amount of such annual payment shall be determined by  the  president  of
 the  urban  development corporation based on the amount of the differen-
 tial between the annual real property taxes  and  payments  in  lieu  of
 taxes  imposed  upon  the facility, exclusive of interest and penalties,
 during the last year of operations and the current real  property  taxes
 and  payments  in  lieu of taxes imposed upon the facility, exclusive of
 interest and penalties. The total amount awarded from this program shall
 not exceed [$69,000,000] $140,000,000.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 1 of subpart H of part C of chapter 20 of the
 laws of 2015 made by section one of this act shall not affect the repeal
 of such subpart and shall be deemed repealed therewith.
 
                                  PART OO

 S. 2508                            109                           A. 3008
 
   Section 1. Section 5 of chapter 108 of the laws of 2020, amending  the
 public  service  law  relating to issuing a moratorium on utility termi-
 nation of services during periods of pandemics and/or state of  emergen-
 cies,  as  amended  by section 2 of part B of chapter 126 of the laws of
 2020, is amended to read as follows:
   §  5.  This  act shall take effect immediately [and shall expire March
 31, 2021 when upon such date the provisions of this act shall be  deemed
 repealed].
   §  2.  Subdivisions  6, 7, 8 and 9 of section 32 of the public service
 law, subdivision 6 as amended and subdivisions 7, 8 and 9  as  added  by
 chapter 108 of the laws of 2020, are amended to read as follows:
   6.  No  utility corporation or municipality shall terminate or discon-
 nect services to any residential customer OR A SMALL  BUSINESS  CUSTOMER
 WITH  TWENTY-FIVE  OR  FEWER  EMPLOYEES THAT IS NOT A (I)  PUBLICLY HELD
 COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPO-
 RARY CUSTOMER, (III)  HIGH ENERGY CUSTOMER AS DEFINED BY THE COMMISSION,
 OR  (IV)  CUSTOMER THAT THE UTILITY CAN DEMONSTRATE HAS THE RESOURCES TO
 PAY THE BILL, PROVIDED THAT THE  UTILITY  NOTIFIES  THE  SMALL  BUSINESS
 CUSTOMER  OF  ITS  REASONS  AND  OF THE CUSTOMER'S RIGHT TO CONTEST THIS
 DETERMINATION THROUGH THE COMMISSION'S  COMPLAINT  PROCEDURES,  for  the
 non-payment  of  an  overdue  charge  for  the duration of [the] A state
 disaster emergency declared pursuant  to  SECTION  TWENTY-EIGHT  OF  THE
 executive  [order  two  hundred two of two thousand twenty (herein after
 "the COVID-19 state of emergency")] LAW ISSUED IN RESPONSE TO  A  STATE,
 NATIONAL,  OR GLOBAL EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE
 AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE, AND NOT  DUE  TO  A
 SHORT-TERM WEATHER-RELATED DISASTER EMERGENCY.
   Utility  corporations  and municipalities shall have a duty to restore
 service, to the extent not already required under this chapter,  to  any
 residential  customer  within forty-eight hours if such service has been
 terminated FOR NON-PAYMENT during the pendency of the  [COVID-19]  state
 [of] DISASTER emergency.
   7.  [For  a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO utility corporation or munici-
 pality shall terminate or disconnect the service  of  a  residential  OR
 SMALL BUSINESS customer because of defaulted deferred payment agreements
 or  arrears  owed  to  the utility corporation or municipality when such
 customer has experienced a change in financial circumstances AS  DEFINED
 BY  THE  DEPARTMENT due to [the COVID-19] A state [of] DISASTER emergen-
 cy[, as defined by the department] AS SET FORTH IN  SUBDIVISION  SIX  OF
 THIS SECTION. The utility corporation or municipality shall provide such
 residential  OR SMALL BUSINESS customer with the right to enter into, or
 restructure, a deferred payment agreement without the requirement  of  a
 down  payment,  late fees, or penalties, as such is provided for in this
 article WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES
 APPLICABLE  TO  ALL  ARREARS  INCURRED  DURING THE DURATION OF THE STATE
 DISASTER EMERGENCY.
   8. Every utility corporation or municipality shall provide  notice  to
 residential  AND  SMALL  BUSINESS customers, in a writing to be included
 with a bill statement or, when appropriate, via electronic  transmission
 the provisions of this section and shall further make reasonable efforts
 to contact customers who have demonstrated a change in financial circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION SIX OF THIS SECTION for  the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this article.

 S. 2508                            110                           A. 3008
 
   9. Implementation of the provisions of this section shall not prohibit
 a utility or municipality from  recovering  lost  or  deferred  revenues
 after  the lifting or expiration of [the COVID-19] A state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION,  pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this section shall prohibit a utility corporation or municipality
 from disconnecting service necessary to protect the health and safety of
 customers and the public.
   § 3. Subdivision 6 of section 32 of the public service law,  as  added
 by chapter 686 of the laws of 2002, is REPEALED.
   §  4.  Subdivisions 9, 10 and 11 of section 89-b of the public service
 law, as added by chapter 108 of the laws of 2020, are amended to read as
 follows:
   9. [For a period of one hundred eighty days after the  COVID-19  state
 of  emergency is lifted or expires, no] NO water-works corporation shall
 terminate or disconnect the service of a residential customer account OR
 THE ACCOUNT OF A SMALL  BUSINESS  CUSTOMER  WITH  TWENTY-FIVE  OR  FEWER
 EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THER-
 EOF,  (II) SEASONAL, SHORT-TERM, OR TEMPORARY CUSTOMER, (III) HIGH USAGE
 CUSTOMER AS DEFINED BY THE COMMISSION, OR (IV) CUSTOMER THAT THE UTILITY
 CAN DEMONSTRATE HAS THE RESOURCES TO PAY THE  BILL,  PROVIDED  THAT  THE
 UTILITY  NOTIFIES  THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE
 CUSTOMER'S RIGHT TO CONTEST THIS DETERMINATION THROUGH THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  because of defaulted deferred payment agreements
 or arrears owed to the water-works corporation when  such  customer  has
 experienced  a  change  in  financial  circumstances,  AS DEFINED BY THE
 DEPARTMENT, due to [the COVID-19] A state [of] DISASTER  emergency[,  as
 defined  by the department] DECLARED PURSUANT TO SECTION TWENTY-EIGHT OF
 THE EXECUTIVE LAW ISSUED IN RESPONSE TO A  STATE,  NATIONAL,  OR  GLOBAL
 EVENT THAT IS DEEMED TO HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT
 ON  THE  STATE'S  ECONOMIC  FUTURE.    The water-works corporation shall
 provide such residential OR SMALL BUSINESS customer with  the  right  to
 enter  into,  or  restructure,  a deferred payment agreement without the
 requirement of a down payment, late  fees,  or  penalties,  as  such  is
 provided  for  in  article  two of this chapter WITH SUCH PROHIBITION ON
 DOWN PAYMENTS,  LATE  FEES,  OR  PENALTIES  APPLICABLE  TO  ALL  ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   10.  Every  water-works  corporation  OR  SMALL BUSINESS shall provide
 notice to residential customers, in a writing to be included with a bill
 statement  or,  when  appropriate,  via  electronic  transmission,   the
 provisions  of this section and shall further make reasonable efforts to
 contact customers who have demonstrated a change  in  financial  circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION NINE OF THIS SECTION for the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this SECTION AND article TWO OF THIS CHAPTER.
   11. Implementation of the provisions of this section shall not prohib-
 it a water-works corporation from recovering lost or  deferred  revenues
 after  the  lifting  or expiration of the [COVID-19] state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this  section  shall  prohibit  a  water-works  corporation  from
 disconnecting  service  when  it  is necessary to protect the health and
 safety of customers and the public.

 S. 2508                            111                           A. 3008
 
   § 5. Section 89-l of the public service law, as added by  chapter  715
 of  the laws of 1931, subdivisions 3, 4, 5 and 6 as added by chapter 108
 of the laws of 2020, is amended to read as follows:
   § 89-l. Municipal  water systems. 1. For the purposes of this section,
 and for the purposes of any jurisdiction conferred by it upon the public
 service commission, a municipality is one which owns, maintains or oper-
 ates, or proposes to own, maintain or operate, a water system, or  which
 sells,  furnishes  or  distributes,  or  proposes  to  sell,  furnish or
 distribute, water for  domestic,  commercial  or  public  uses,  whether
 provided by its own system or the system of a water-works corporation or
 another  municipality.  As  so  limited, the term "municipality" for the
 purposes of  this  section,  means  a  city,  town,  village  or  public
 district;  and a "public district," as here used, is a district or other
 territorial division, whether incorporated or  not,  whose  affairs  are
 managed by any officer or officers, person or persons, elected by voters
 or taxpayers or appointed by a public officer or officers, and includes,
 without  excluding others, a water district, water supply district and a
 fire district. The other provisions of this chapter shall not  apply  to
 such  a municipality, nor to its said business of owning, maintaining or
 operating a water system  or  of  selling,  furnishing  or  distributing
 water,  except such provisions as are applied by this section by express
 reference. The jurisdiction  of  the  public  service  commission,  with
 respect  to  such a municipality or its said business, is that, and only
 that, provided for in this section.
   2. Each such municipality shall file with the public  service  commis-
 sion  a  copy of the annual report of its division, bureau or department
 of water.
   3. No municipality shall terminate or discontinue residential  service
 OR  SERVICE TO A SMALL BUSINESS WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT
 IS NOT A (I) PUBLICLY  HELD  COMPANY,  OR  A  SUBSIDIARY  THEREOF,  (II)
 SEASONAL,  SHORT-TERM,  OR TEMPORARY CUSTOMER, (III) HIGH USAGE CUSTOMER
 AS DEFINED BY THE COMMISSION, OR (IV)  CUSTOMER  THAT  THE  UTILITY  CAN
 DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL, PROVIDED THAT THE UTILITY
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  for  the nonpayment of bills, taxes, or fees for
 the duration of [the] A state disaster emergency  declared  pursuant  to
 [executive order two hundred two of two thousand twenty (hereinafter the
 "COVID-19  state  of  emergency")] SECTION TWENTY-EIGHT OF THE EXECUTIVE
 LAW IN RESPONSE TO A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED  TO
 HAVE A SIGNIFICANT NEGATIVE AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC
 FUTURE.   Every municipality shall have a duty to restore service to any
 residential customer within forty-eight hours of the effective  date  of
 this  subdivision  if  such  service has been terminated FOR NON-PAYMENT
 during the pendency of [the COVID-19] A state [of] DISASTER emergency.
   4. [For a period of one hundred eighty days after the  COVID-19  state
 of  emergency  is lifted or expires, no] NO municipality shall terminate
 or discontinue the service of a residential OR SMALL  BUSINESS  customer
 because  of  bill  arrears, taxes, or fees owed to the municipality when
 such customer has experienced a change in  financial  circumstances,  AS
 DEFINED  BY  THE DEPARTMENT, due to [the COVID-19] A state [of] DISASTER
 emergency[, as defined by the department] AS SET  FORTH  IN  SUBDIVISION
 THREE  OF THIS SECTION.  The municipality shall provide a residential OR
 SMALL BUSINESS service customer that has experienced a change in  finan-
 cial  circumstances  due to the [COVID-19] state [of] DISASTER emergency
 with the right to enter into, or restructure, a deferred payment  agree-

 S. 2508                            112                           A. 3008
 
 ment without the requirement of a down payment, late fees, or penalties,
 as such is provided for in article two of this chapter, WITH SUCH PROHI-
 BITION  ON  DOWN  PAYMENTS,  LATE  FEES,  OR PENALTIES APPLICABLE TO ALL
 ARREARS INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   5.  Every  municipality  shall provide notice to residential AND SMALL
 BUSINESS customers in a writing to be included with a bill statement or,
 when appropriate, via electronic transmission  the  provisions  of  this
 section  and  shall further make reasonable efforts to contact customers
 who have demonstrated a change in financial  circumstances  due  to  the
 [COVID-19]  state  [of]  DISASTER  emergency AS SET FORTH IN SUBDIVISION
 THREE OF THIS SECTION for the  purpose  of  offering  such  customers  a
 deferred  payment  agreement  consistent  with  the  provisions  of this
 SECTION AND article TWO OF THIS CHAPTER.
   6. Implementation of the provisions of this section shall not prohibit
 a municipality from recovering lost or deferred revenues after the lift-
 ing or expiry  of  [the  COVID-19]  A  state  [of]  DISASTER  emergency,
 provided  that  such  means  are not inconsistent with the provisions of
 this article. Nothing in this section shall prohibit a municipality from
 disconnecting service when it is necessary to  protect  the  health  and
 safety of customers and the public.
   7.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 FOR THE PURPOSES OF SUBDIVISIONS THREE,  FOUR,  FIVE  AND  SIX  OF  THIS
 SECTION,  A  "MUNICIPALITY"  SHALL ALSO INCLUDE A PUBLIC WATER AUTHORITY
 ESTABLISHED PURSUANT TO ARTICLE FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW.
 EVERY  MUNICIPALITY  SHALL BE SUBJECT TO THE JURISDICTION OF THE COMMIS-
 SION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF SUBDIVISIONS THREE,
 FOUR, FIVE AND SIX OF THIS SECTION  PURSUANT  TO  SECTIONS  TWENTY-FOUR,
 TWENTY-FIVE AND TWENTY-SIX OF THIS CHAPTER.
   § 6. Subdivisions 9, 10, 11 and 12 of section 91 of the public service
 law,  subdivisions  9,  10  and  12 as amended by section 1 of part B of
 chapter 126 of the laws of 2020, subdivision 11 as added by chapter  108
 of the laws of 2020, are amended to read as follows:
   9. No telephone corporation shall terminate or disconnect ANY SERVICES
 PROVIDED  BY  ITS  INFRASTRUCTURE TO a residential service customer OR A
 SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS  NOT
 A  (I)    PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL,
 SHORT-TERM, OR TEMPORARY CUSTOMER, (III)  HIGH USAGE CUSTOMER AS DEFINED
 BY THE COMMISSION, OR (IV)  CUSTOMER THAT THE  UTILITY  CAN  DEMONSTRATE
 HAS  THE  RESOURCES  TO PAY THE BILL, PROVIDED THAT THE UTILITY NOTIFIES
 THE SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE  CUSTOMER'S  RIGHT
 TO  CONTEST THIS DETERMINATION THROUGH THE COMMISSION'S COMPLAINT PROCE-
 DURES, for the non-payment of an overdue  charge  for  the  duration  of
 [the]  A  state  disaster emergency declared pursuant to SECTION TWENTY-
 EIGHT OF THE executive [order two hundred two  of  two  thousand  twenty
 (hereinafter  "the  COVID-19  state of emergency")] LAW IN RESPONSE TO A
 STATE, NATIONAL OR GLOBAL EVENT THAT IS DEEMED  TO  HAVE  A  SIGNIFICANT
 NEGATIVE  AND LONG-TERM IMPACT ON THE STATE'S ECONOMIC FUTURE. Telephone
 corporations shall have a duty to restore service,  to  the  extent  not
 already  required  under this chapter, at the request of any residential
 OR SMALL BUSINESS customer within forty-eight hours if such service  has
 been  terminated during the pendency of the [COVID-19] state [of] DISAS-
 TER emergency and disconnection of such service was due  to  non-payment
 of an overdue charge.
   10.  [For a period of one hundred eighty days after the COVID-19 state
 of emergency is lifted or expires, no] NO  telephone  corporation  shall
 terminate  or  disconnect  [the  service]  ANY  SERVICES PROVIDED BY ITS

 S. 2508                            113                           A. 3008
 
 INFRASTRUCTURE of a  residential  OR  SMALL  BUSINESS  customer  account
 because of defaulted deferred payment agreements or arrears then owed to
 the telephone corporation when such customer has experienced a change in
 financial  circumstances  AS  DEFINED  BY  THE  DEPARTMENT,  due to [the
 COVID-19] A state [of] DISASTER emergency[, as defined  by  the  depart-
 ment]  AS  SET FORTH IN SUBDIVISION NINE OF THIS SECTION.  The telephone
 corporation shall provide such residential OR  SMALL  BUSINESS  customer
 with  the right to enter into, or restructure, a deferred payment agree-
 ment without the requirement of a down payment, late fees, or penalties,
 WITH SUCH PROHIBITION ON DOWN PAYMENTS, LATE FEES, OR PENALTIES APPLICA-
 BLE TO ALL ARREARS INCURRED DURING THE DURATION OF  THE  STATE  DISASTER
 EMERGENCY.
   11.  Every  telephone  corporation shall provide notice to residential
 customers, AND TO THOSE SMALL BUSINESS CUSTOMERS SET FORTH  IN  SUBDIVI-
 SION  NINE  OF  THIS  SECTION,  in  a writing to be included with a bill
 statement  or,  when  appropriate,  via  electronic   transmission   the
 provisions  of this section and shall further make reasonable efforts to
 contact customers who have demonstrated a change  in  financial  circum-
 stances  due  to  [the  COVID-19] A state [of] DISASTER emergency AS SET
 FORTH IN SUBDIVISION NINE OF THIS SECTION for the  purpose  of  offering
 such   customers  a  deferred  payment  agreement  consistent  with  the
 provisions of this SECTION AND article TWO OF THIS CHAPTER.
   12. Implementation of the provisions of this section shall not prohib-
 it a telephone corporation from recovering  lost  or  deferred  revenues
 after  the lifting or expiration of [the COVID-19] A state [of] DISASTER
 emergency AS SET FORTH IN SUBDIVISION NINE OF THIS SECTION, pursuant  to
 such  means  for  recovery  as  are provided for in this chapter, and by
 means not inconsistent with any of the provisions of this article. Noth-
 ing in this section shall prohibit a telephone corporation from  discon-
 necting  service  at the request of a customer.  Nothing in this section
 shall prohibit a telephone corporation from disconnecting  service  when
 it  is  necessary  to protect the health and safety of customers and the
 public.
   § 7. Section 216 of the public service law is amended by  adding  five
 new subdivisions 6, 7, 8, 9 and 10 to read as follows:
   6.  NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT SERVICES
 PROVIDED OVER THEIR INFRASTRUCTURE TO A RESIDENTIAL SERVICE CUSTOMER  OR
 A  SMALL  BUSINESS  CUSTOMER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT IS
 NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY THEREOF, (II) SEASONAL,
 SHORT-TERM, OR TEMPORARY CUSTOMER, OR  (III)  CUSTOMER  THAT  THE  CABLE
 TELEVISION  COMPANY  CAN  DEMONSTRATE HAS THE RESOURCES TO PAY THE BILL,
 PROVIDED THAT THE CABLE TELEVISION COMPANY NOTIFIES THE  SMALL  BUSINESS
 CUSTOMER  OF  ITS  REASONS  AND  OF THE CUSTOMER'S RIGHT TO CONTEST THIS
 DETERMINATION THROUGH THE COMMISSION'S  COMPLAINT  PROCEDURES,  FOR  THE
 NON-PAYMENT  OF  AN  OVERDUE CHARGE FOR THE DURATION OF A STATE DISASTER
 EMERGENCY DECLARED PURSUANT TO AN EXECUTIVE ORDER ISSUED IN RESPONSE  TO
 A STATE, NATIONAL, OR GLOBAL EVENT THAT IS DEEMED TO RESULT IN A SIGNIF-
 ICANT  NEGATIVE  AND  LONG-TERM  IMPACT  ON THE STATE'S ECONOMIC FUTURE.
 CABLE TELEVISION COMPANIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO  THE
 EXTENT  NOT  ALREADY  REQUIRED UNDER THIS CHAPTER, AT THE REQUEST OF ANY
 RESIDENTIAL OR SMALL BUSINESS CUSTOMER WITHIN FORTY-EIGHT HOURS IF  SUCH
 SERVICE  HAS  BEEN  TERMINATED DURING THE PENDENCY OF THE STATE DISASTER
 EMERGENCY AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAYMENT OF AN
 OVERDUE CHARGE.
   7. NO CABLE TELEVISION COMPANY SHALL TERMINATE OR DISCONNECT  SERVICES
 PROVIDED  OVER  THEIR  INFRASTRUCTURE OF A RESIDENTIAL OR SMALL BUSINESS

 S. 2508                            114                           A. 3008
 
 CUSTOMER ACCOUNT BECAUSE OF DEFAULTED  DEFERRED  PAYMENT  AGREEMENTS  OR
 ARREARS THEN OWED TO THE CABLE TELEVISION COMPANY WHEN SUCH CUSTOMER HAS
 EXPERIENCED  A  CHANGE  IN  FINANCIAL  CIRCUMSTANCES,  AS DEFINED BY THE
 DEPARTMENT,  DUE  TO A STATE DISASTER EMERGENCY AS SET FORTH IN SUBDIVI-
 SION SIX OF THIS SECTION. THE CABLE  TELEVISION  COMPANY  SHALL  PROVIDE
 SUCH  RESIDENTIAL  OR  SMALL  BUSINESS  CUSTOMER WITH THE RIGHT TO ENTER
 INTO, OR RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT WITHOUT THE  REQUIRE-
 MENT  OF  A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH SUCH PROHIBITION
 ON DOWN PAYMENTS, LATE FEES, OR  PENALTIES  APPLICABLE  TO  ALL  ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   8.  EVERY CABLE TELEVISION COMPANY SHALL PROVIDE NOTICE TO RESIDENTIAL
 OR SMALL BUSINESS CUSTOMERS IN A WRITING TO  BE  INCLUDED  WITH  A  BILL
 STATEMENT   OR,   WHEN  APPROPRIATE,  VIA  ELECTRONIC  TRANSMISSION  THE
 PROVISIONS OF THIS SECTION AND SHALL FURTHER MAKE REASONABLE EFFORTS  TO
 CONTACT  CUSTOMERS  WHO  HAVE DEMONSTRATED A CHANGE IN FINANCIAL CIRCUM-
 STANCES DUE TO A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION
 SIX  OF  THIS  SECTION  FOR  THE  PURPOSE  OF  OFFERING SUCH CUSTOMERS A
 DEFERRED PAYMENT  AGREEMENT  CONSISTENT  WITH  THE  PROVISIONS  OF  THIS
 SECTION AND ARTICLE TWO OF THIS CHAPTER.
   9. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A  CABLE  TELEVISION  COMPANY  FROM RECOVERING LOST OR DEFERRED REVENUES
 AFTER THE LIFTING OR EXPIRATION OF A STATE  DISASTER  EMERGENCY  AS  SET
 FORTH  IN  SUBDIVISION  SIX  OF THIS SECTION, PURSUANT TO SUCH MEANS FOR
 RECOVERY AS ARE PROVIDED FOR IN THIS CHAPTER, AND BY  MEANS  NOT  INCON-
 SISTENT  WITH  ANY  OF  THE  PROVISIONS OF THIS ARTICLE. NOTHING IN THIS
 SECTION SHALL PROHIBIT A CABLE  TELEVISION  COMPANY  FROM  DISCONNECTING
 SERVICE  AT  THE  REQUEST  OF  A CUSTOMER. NOTHING IN THIS SECTION SHALL
 PROHIBIT A CABLE TELEVISION COMPANY FROM DISCONNECTING SERVICE  WHEN  IT
 IS  NECESSARY  TO  PROTECT  THE  HEALTH  AND SAFETY OF CUSTOMERS AND THE
 PUBLIC.
   10. EVERY CABLE TELEVISION COMPANY SHALL BE SUBJECT TO  THE  JURISDIC-
 TION  OF  THE COMMISSION FOR THE PURPOSES OF ENFORCING THE PROVISIONS OF
 SUBDIVISIONS SIX, SEVEN, EIGHT AND NINE  OF  THIS  SECTION  PURSUANT  TO
 SECTIONS  TWENTY-FOUR,  TWENTY-FIVE  AND TWENTY-SIX OF THIS CHAPTER, AND
 ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER.
   § 8. Subdivision 1 of section 1020-s of the public authorities law, as
 amended by chapter 415 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  The  rates,  services  and  practices  relating to the electricity
 generated by facilities owned or operated by the authority shall not  be
 subject to the provisions of the public service law or to regulation by,
 or  the  jurisdiction  of,  the public service commission, except to the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in, (b) article ten of such law applies to the siting  of  a  generating
 facility as defined therein, (c) section eighteen-a of such law provides
 for  assessment  for  certain  costs, property or operations, (d) to the
 extent that the department of public service reviews and makes recommen-
 dations with respect to the operations and provision of services of, and
 rates and budgets established by,  the  authority  pursuant  to  section
 three-b  of  such law, [and] (e) that section seventy-four of the public
 service law applies to  qualified  energy  storage  systems  within  the
 authority's  jurisdiction,  AND (F) SUBDIVISIONS SIX, SEVEN, EIGHT, NINE
 AND TEN OF SECTION THIRTY-TWO OF THE PUBLIC SERVICE LAW.
   § 9. The general business law is amended by adding a new section  399-
 zzzzz, to read as follows:

 S. 2508                            115                           A. 3008

   §  399-ZZZZZ. PROHIBITION OF CERTAIN BROADBAND TERMINATIONS OR DISCON-
 NECTIONS. 1. FOR THE PURPOSES  OF  THIS  SECTION,  THE  TERM  "BROADBAND
 SERVICE" SHALL MEAN A MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPA-
 BILITY  TO  TRANSMIT  DATA TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY
 ALL  INTERNET  ENDPOINTS, INCLUDING ANY CAPABILITIES THAT ARE INCIDENTAL
 TO AND ENABLE THE OPERATION OF THE  COMMUNICATIONS  SERVICE,  AND  SHALL
 INCLUDE  SERVICE PROVIDED BY COMMERCIAL MOBILE TELEPHONE SERVICE PROVID-
 ERS, BUT SHALL NOT INCLUDE DIAL-UP SERVICE.
   2. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  SERVICE  CUSTOMER OR A SMALL BUSINESS CUSTOMER WITH TWENTY-FIVE OR
 FEWER EMPLOYEES THAT IS NOT A (I) PUBLICLY HELD COMPANY, OR A SUBSIDIARY
 THEREOF, (II) SEASONAL, SHORT-TERM,  OR  TEMPORARY  CUSTOMER,  OR  (III)
 CUSTOMER  THAT  THE  BROADBAND  SERVICE PROVIDER CAN DEMONSTRATE HAS THE
 RESOURCES TO PAY THE BILL, PROVIDED THAT THE BROADBAND SERVICE  PROVIDER
 NOTIFIES  THE  SMALL BUSINESS CUSTOMER OF ITS REASONS AND OF THE CUSTOM-
 ER'S RIGHT  TO  CONTEST  THIS  DETERMINATION  THROUGH  THE  COMMISSION'S
 COMPLAINT  PROCEDURES,  FOR THE NON-PAYMENT OF AN OVERDUE CHARGE FOR THE
 DURATION OF A STATE DISASTER  EMERGENCY  DECLARED  PURSUANT  TO  SECTION
 TWENTY-EIGHT  OF  THE EXECUTIVE LAW IN RESPONSE TO A STATE, NATIONAL, OR
 GLOBAL EVENT THAT IS DEEMED TO RESULT  IN  A  SIGNIFICANT  NEGATIVE  AND
 LONG-TERM  IMPACT  ON THE STATE'S ECONOMIC FUTURE. SUCH PERSONS OR ENTI-
 TIES SHALL HAVE A DUTY TO RESTORE SERVICE, TO  THE  EXTENT  NOT  ALREADY
 REQUIRED,  AT  THE REQUEST OF ANY RESIDENTIAL OR SMALL BUSINESS CUSTOMER
 WITHIN FORTY-EIGHT HOURS IF SUCH SERVICE HAS BEEN TERMINATED DURING  THE
 PENDENCY  OF  THE  STATE  DISASTER  EMERGENCY  AND DISCONNECTION OF SUCH
 SERVICE WAS DUE TO NON-PAYMENT OF AN OVERDUE CHARGE.
   3. NO PERSON, BUSINESS, CORPORATION,  OR  THEIR  AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL TERMINATE
 OR DISCONNECT SERVICES PROVIDED OVER THEIR INFRASTRUCTURE TO A  RESIDEN-
 TIAL  OR  SMALL  BUSINESS CUSTOMER ACCOUNT BECAUSE OF DEFAULTED DEFERRED
 PAYMENT AGREEMENTS OR ARREARS THEN OWED TO SUCH PERSONS OR ENTITIES WHEN
 SUCH CUSTOMER HAS EXPERIENCED A CHANGE IN FINANCIAL CIRCUMSTANCES DUE TO
 A STATE DISASTER EMERGENCY AS SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION. THE PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 SUCH RESIDENTIAL OR SMALL BUSINESS CUSTOMER  WITH  THE  RIGHT  TO  ENTER
 INTO,  OR  RESTRUCTURE, A DEFERRED PAYMENT AGREEMENT CONSISTENT WITH THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW WITHOUT THE REQUIRE-
 MENT OF A DOWN PAYMENT, LATE FEES, OR PENALTIES, WITH  SUCH  PROHIBITION
 ON  DOWN  PAYMENTS,  LATE  FEES,  OR PENALTIES APPLICABLE TO ALL ARREARS
 INCURRED DURING THE DURATION OF THE STATE DISASTER EMERGENCY.
   4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE SHALL PROVIDE
 NOTICE TO RESIDENTIAL OR SMALL BUSINESS CUSTOMERS IN  A  WRITING  TO  BE
 INCLUDED  WITH  A  BILL  STATEMENT  OR, WHEN APPROPRIATE, VIA ELECTRONIC
 TRANSMISSION THE PROVISIONS OF  THIS  SECTION  AND  SHALL  FURTHER  MAKE
 REASONABLE  EFFORTS  TO CONTACT CUSTOMERS WHO HAVE DEMONSTRATED A CHANGE
 IN FINANCIAL CIRCUMSTANCES DUE TO A  STATE  DISASTER  EMERGENCY  AS  SET
 FORTH  IN  SUBDIVISION  TWO  OF THIS SECTION FOR THE PURPOSE OF OFFERING
 SUCH  CUSTOMERS  A  DEFERRED  PAYMENT  AGREEMENT  CONSISTENT  WITH   THE
 PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW.
   5. IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION SHALL NOT PROHIBIT
 A PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE  BROADBAND  SERVICE  IN  NEW  YORK STATE FROM RECOVERING LOST OR

 S. 2508                            116                           A. 3008
 
 DEFERRED REVENUES AFTER THE LIFTING OR EXPIRATION OF  A  STATE  DISASTER
 EMERGENCY  AS  SET FORTH IN SUBDIVISION TWO OF THIS SECTION, PURSUANT TO
 SUCH MEANS FOR RECOVERY BY  MEANS  NOT  INCONSISTENT  WITH  ANY  OF  THE
 PROVISIONS  OF  THIS  SECTION.  NOTHING IN THIS SECTION SHALL PROHIBIT A
 PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR  SEEKING  TO
 PROVIDE  BROADBAND  SERVICE IN NEW YORK STATE FROM DISCONNECTING SERVICE
 AT THE REQUEST OF A CUSTOMER. NOTHING IN THIS SECTION SHALL  PROHIBIT  A
 PERSON,  BUSINESS,  CORPORATION, OR THEIR AGENTS PROVIDING OR SEEKING TO
 PROVIDE BROADBAND SERVICE IN NEW YORK STATE FROM  DISCONNECTING  SERVICE
 WHEN  IT  IS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CUSTOMERS AND
 THE PUBLIC.
   6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING  TO  ISSUE AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF
 NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF  SUCH
 VIOLATION;  AND  IF  IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR
 JUSTICE THAT THE DEFENDANT HAS,  IN  FACT,  VIOLATED  THIS  SECTION,  AN
 INJUNCTION  MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING AND
 RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT  REQUIRING  PROOF  THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  ONE  THOUSAND  DOLLARS  PER VIOLATION. IN CONNECTION WITH ANY SUCH
 PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   §  10. This act shall take effect immediately; provided, however, that
 this act shall be applicable to relevant executive orders issued  on  or
 after the effective date of this act.
 
                                  PART PP
 
   Section  1.  The  general  obligations  law is amended by adding a new
 article 18-C to read as follows:
                               ARTICLE 18-C
                           LIBOR DISCONTINUANCE
 SECTION 18-400. DEFINITIONS.
         18-401. EFFECT OF LIBOR DISCONTINUANCE ON AGREEMENTS.
         18-402. CONTINUITY OF CONTRACT AND SAFE HARBOR.
         18-403. SEVERABILITY.
   § 18-400. DEFINITIONS. AS USED IN THIS  ARTICLE  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "LIBOR" SHALL MEAN, FOR PURPOSES OF THE APPLICATION OF THIS ARTICLE
 TO  ANY  PARTICULAR  CONTRACT, SECURITY OR INSTRUMENT, U.S. DOLLAR LIBOR
 (FORMERLY KNOWN AS THE LONDON INTERBANK OFFERED RATE) AS ADMINISTERED BY
 ICE BENCHMARK ADMINISTRATION LIMITED (OR ANY SUCCESSOR THEREOF).
   2. "LIBOR DISCONTINUANCE EVENT" SHALL MEAN THE EARLIEST  TO  OCCUR  OF
 ANY OF THE FOLLOWING:
   A. A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY OR ON BEHALF OF
 THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT SUCH ADMINISTRATOR HAS CEASED
 OR  WILL  CEASE  TO PROVIDE LIBOR, PERMANENTLY OR INDEFINITELY, PROVIDED

 S. 2508                            117                           A. 3008
 
 THAT, AT THE TIME OF THE STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR
 ADMINISTRATOR THAT WILL CONTINUE TO PROVIDE LIBOR;
   B.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR,  THE  UNITED  STATES  FEDERAL
 RESERVE SYSTEM, AN INSOLVENCY OFFICIAL WITH JURISDICTION OVER THE ADMIN-
 ISTRATOR  FOR  LIBOR,  A RESOLUTION AUTHORITY WITH JURISDICTION OVER THE
 ADMINISTRATOR FOR LIBOR OR A COURT OR AN ENTITY WITH SIMILAR  INSOLVENCY
 OR  RESOLUTION  AUTHORITY OVER THE ADMINISTRATOR FOR LIBOR, WHICH STATES
 THAT THE ADMINISTRATOR OF LIBOR HAS CEASED  OR  WILL  CEASE  TO  PROVIDE
 LIBOR  PERMANENTLY  OR  INDEFINITELY,  PROVIDED THAT, AT THE TIME OF THE
 STATEMENT OR PUBLICATION, THERE IS NO SUCCESSOR ADMINISTRATOR THAT  WILL
 CONTINUE TO PROVIDE LIBOR; OR 
   C.  A PUBLIC STATEMENT OR PUBLICATION OF INFORMATION BY THE REGULATORY
 SUPERVISOR FOR THE ADMINISTRATOR OF LIBOR ANNOUNCING THAT  LIBOR  IS  NO
 LONGER REPRESENTATIVE.
   3. "LIBOR REPLACEMENT DATE" SHALL MEAN:
   A.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 A OR B OF SUBDIVISION TWO OF THIS SECTION, THE LATER OF (I) THE DATE  OF
 THE  PUBLIC  STATEMENT OR PUBLICATION OF INFORMATION REFERENCED THEREIN;
 AND (II) THE DATE ON WHICH THE ADMINISTRATOR  OF  LIBOR  PERMANENTLY  OR
 INDEFINITELY CEASES TO PROVIDE LIBOR; AND
   B.  IN THE CASE OF A LIBOR DISCONTINUANCE EVENT DESCRIBED IN PARAGRAPH
 C OF SUBDIVISION TWO OF THIS SECTION, THE DATE OF THE  PUBLIC  STATEMENT
 OR PUBLICATION OF INFORMATION REFERENCED THEREIN.
   4.  "FALLBACK  PROVISIONS" SHALL MEAN TERMS IN A CONTRACT, SECURITY OR
 INSTRUMENT THAT SET FORTH A METHODOLOGY OR PROCEDURE FOR  DETERMINING  A
 BENCHMARK REPLACEMENT, INCLUDING ANY TERMS RELATING TO THE DATE ON WHICH
 THE BENCHMARK REPLACEMENT BECOMES EFFECTIVE, WITHOUT REGARD TO WHETHER A
 BENCHMARK  REPLACEMENT CAN BE DETERMINED IN ACCORDANCE WITH SUCH METHOD-
 OLOGY OR PROCEDURE.
   5. "BENCHMARK" SHALL MEAN AN INDEX OF INTEREST RATES OR DIVIDEND RATES
 THAT IS USED, IN WHOLE OR IN PART, AS THE BASIS OF OR AS A REFERENCE FOR
 CALCULATING OR DETERMINING ANY VALUATION, PAYMENT OR  OTHER  MEASUREMENT
 UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   6. "BENCHMARK REPLACEMENT" SHALL MEAN A BENCHMARK, OR AN INTEREST RATE
 OR DIVIDEND RATE (WHICH MAY OR MAY NOT BE BASED IN WHOLE OR IN PART ON A
 PRIOR  SETTING  OF  LIBOR),  TO  REPLACE  OR SUBSTITUTE FOR LIBOR OR ANY
 INTEREST RATE OR DIVIDEND RATE BASED ON LIBOR, WHETHER ON  A  TEMPORARY,
 PERMANENT  OR INDEFINITE BASIS, UNDER OR IN RESPECT OF A CONTRACT, SECU-
 RITY OR INSTRUMENT.
   7. "RECOMMENDED BENCHMARK REPLACEMENT" SHALL MEAN, WITH RESPECT TO ANY
 PARTICULAR  TYPE  OF  CONTRACT,  SECURITY  OR  INSTRUMENT,  A  BENCHMARK
 REPLACEMENT  BASED  ON  SOFR, WHICH SHALL INCLUDE ANY RECOMMENDED SPREAD
 ADJUSTMENT AND ANY BENCHMARK REPLACEMENT CONFORMING CHANGES, THAT  SHALL
 HAVE  BEEN  SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY WITH
 RESPECT TO SUCH TYPE OF CONTRACT, SECURITY OR INSTRUMENT.
   8. "RECOMMENDED SPREAD ADJUSTMENT" SHALL MEAN A SPREAD ADJUSTMENT,  OR
 METHOD FOR CALCULATING OR DETERMINING SUCH SPREAD ADJUSTMENT, (WHICH MAY
 BE  A  POSITIVE OR NEGATIVE VALUE OR ZERO) THAT SHALL HAVE BEEN SELECTED
 OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY FOR A RECOMMENDED  BENCH-
 MARK  REPLACEMENT FOR A PARTICULAR TYPE OF CONTRACT, SECURITY OR INSTRU-
 MENT AND FOR A PARTICULAR TERM TO ACCOUNT FOR THE EFFECTS OF THE TRANSI-
 TION OR CHANGE FROM LIBOR TO A RECOMMENDED BENCHMARK REPLACEMENT.
   9. "BENCHMARK REPLACEMENT CONFORMING CHANGES" SHALL MEAN, WITH RESPECT
 TO ANY CONTRACT, SECURITY OR INSTRUMENT, ANY  TECHNICAL,  ADMINISTRATIVE
 OR OPERATIONAL CHANGES, ALTERATIONS OR MODIFICATIONS THAT ARE ASSOCIATED

 S. 2508                            118                           A. 3008
 
 WITH  AND  REASONABLY  NECESSARY  TO  THE  USE, ADOPTION, CALCULATION OR
 IMPLEMENTATION OF A RECOMMENDED BENCHMARK REPLACEMENT AND THAT:
   A.  HAVE BEEN SELECTED OR RECOMMENDED BY A RELEVANT RECOMMENDING BODY;
 AND
   B. IF, IN THE REASONABLE  JUDGMENT  OF  THE  CALCULATING  PERSON,  THE
 BENCHMARK  REPLACEMENT CONFORMING CHANGES SELECTED OR RECOMMENDED PURSU-
 ANT TO PARAGRAPH A OF THIS SUBDIVISION DO NOT APPLY  TO  SUCH  CONTRACT,
 SECURITY  OR INSTRUMENT OR ARE INSUFFICIENT TO PERMIT ADMINISTRATION AND
 CALCULATION OF THE RECOMMENDED  BENCHMARK  REPLACEMENT,  THEN  BENCHMARK
 REPLACEMENT  CONFORMING CHANGES SHALL INCLUDE SUCH OTHER CHANGES, ALTER-
 ATIONS OR MODIFICATIONS THAT, IN THE REASONABLE JUDGMENT OF  THE  CALCU-
 LATING PERSON:
   (I)  ARE  NECESSARY  TO  PERMIT  ADMINISTRATION AND CALCULATION OF THE
 RECOMMENDED BENCHMARK REPLACEMENT UNDER OR IN RESPECT OF SUCH  CONTRACT,
 SECURITY  OR  INSTRUMENT IN A MANNER CONSISTENT WITH MARKET PRACTICE FOR
 SUBSTANTIALLY SIMILAR CONTRACTS, SECURITIES OR INSTRUMENTS AND,  TO  THE
 EXTENT  PRACTICABLE,  THE  MANNER  IN  WHICH  SUCH CONTRACT, SECURITY OR
 INSTRUMENT WAS ADMINISTERED IMMEDIATELY PRIOR TO THE  LIBOR  REPLACEMENT
 DATE; AND
   (II)  WOULD  NOT RESULT IN A DISPOSITION OF SUCH CONTRACT, SECURITY OR
 INSTRUMENT FOR U.S. FEDERAL INCOME TAX PURPOSES.
   10. "DETERMINING PERSON" SHALL MEAN, WITH  RESPECT  TO  ANY  CONTRACT,
 SECURITY OR INSTRUMENT, IN THE FOLLOWING ORDER OF PRIORITY:
   A. ANY PERSON SPECIFIED AS A "DETERMINING PERSON"; OR
   B. ANY PERSON WITH THE AUTHORITY, RIGHT OR OBLIGATION TO:
   (I)  DETERMINE  THE BENCHMARK REPLACEMENT THAT WILL TAKE EFFECT ON THE
 LIBOR REPLACEMENT DATE,
   (II) CALCULATE OR DETERMINE A VALUATION, PAYMENT OR OTHER  MEASUREMENT
 BASED ON A BENCHMARK, OR
   (III) NOTIFY OTHER PERSONS OF THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, A LIBOR REPLACEMENT DATE OR A BENCHMARK REPLACEMENT.
   11. "RELEVANT RECOMMENDING BODY" SHALL MEAN THE FEDERAL RESERVE BOARD,
 THE FEDERAL RESERVE BANK OF NEW YORK, OR THE ALTERNATIVE REFERENCE RATES
 COMMITTEE, OR ANY SUCCESSOR TO ANY OF THEM.
   12.  "SOFR" SHALL MEAN, WITH RESPECT TO ANY DAY, THE SECURED OVERNIGHT
 FINANCING RATE PUBLISHED FOR SUCH DAY BY THE FEDERAL RESERVE BANK OF NEW
 YORK, AS THE ADMINISTRATOR OF THE BENCHMARK (OR A SUCCESSOR  ADMINISTRA-
 TOR), ON THE FEDERAL RESERVE BANK OF NEW YORK'S WEBSITE.
   13.  "CALCULATING  PERSON"  SHALL  MEAN, WITH RESPECT TO ANY CONTRACT,
 SECURITY OR INSTRUMENT, ANY PERSON (WHICH MAY BE A  DETERMINING  PERSON)
 RESPONSIBLE  FOR  CALCULATING  OR  DETERMINING ANY VALUATION, PAYMENT OR
 OTHER MEASUREMENT BASED ON A BENCHMARK.
   14. "CONTRACT, SECURITY, OR INSTRUMENT" SHALL INCLUDE, WITHOUT LIMITA-
 TION, ANY CONTRACT, AGREEMENT, MORTGAGE, DEED OF TRUST, LEASE,  SECURITY
 (WHETHER  REPRESENTING  DEBT  OR EQUITY, AND INCLUDING ANY INTEREST IN A
 CORPORATION, A PARTNERSHIP OR A LIMITED LIABILITY COMPANY),  INSTRUMENT,
 OR OTHER OBLIGATION.
   § 18-401. EFFECT  OF  LIBOR  DISCONTINUANCE  ON  AGREEMENTS. 1. ON THE
 LIBOR REPLACEMENT DATE, THE RECOMMENDED BENCHMARK REPLACEMENT SHALL,  BY
 OPERATION OF LAW, BE THE BENCHMARK REPLACEMENT FOR ANY CONTRACT, SECURI-
 TY OR INSTRUMENT THAT USES LIBOR AS A BENCHMARK AND:
   A. CONTAINS NO FALLBACK PROVISIONS; OR
   B.  CONTAINS  FALLBACK  PROVISIONS THAT RESULT IN A BENCHMARK REPLACE-
 MENT, OTHER THAN A RECOMMENDED BENCHMARK REPLACEMENT, THAT IS  BASED  IN
 ANY WAY ON ANY LIBOR VALUE.

 S. 2508                            119                           A. 3008
 
   2. FOLLOWING THE OCCURRENCE OF A LIBOR DISCONTINUANCE EVENT, ANY FALL-
 BACK  PROVISIONS IN A CONTRACT, SECURITY, OR INSTRUMENT THAT PROVIDE FOR
 A BENCHMARK REPLACEMENT BASED ON OR OTHERWISE INVOLVING A  POLL,  SURVEY
 OR  INQUIRIES  FOR  QUOTES  OR  INFORMATION CONCERNING INTERBANK LENDING
 RATES  OR  ANY  INTEREST  RATE  OR DIVIDEND RATE BASED ON LIBOR SHALL BE
 DISREGARDED AS IF NOT INCLUDED IN SUCH CONTRACT, SECURITY OR  INSTRUMENT
 AND SHALL BE DEEMED NULL AND VOID AND WITHOUT ANY FORCE OR EFFECT.
   3.  THIS SUBDIVISION SHALL APPLY TO ANY CONTRACT, SECURITY, OR INSTRU-
 MENT THAT USES LIBOR AS A BENCHMARK  AND  CONTAINS  FALLBACK  PROVISIONS
 THAT PERMIT OR REQUIRE THE SELECTION OF A BENCHMARK REPLACEMENT:
   A. THAT IS BASED IN ANY WAY ON ANY LIBOR VALUE; OR
   B.  WITH  THE  CHARACTERISTICS  FOR  WHICH  THE  RECOMMENDED BENCHMARK
 REPLACEMENT MAY BE SELECTED OR USED IN ACCORDANCE WITH  SUBDIVISION  ONE
 OF SECTION 18-402 OF THIS ARTICLE.
   A  DETERMINING PERSON SHALL HAVE THE AUTHORITY UNDER THIS ARTICLE, BUT
 SHALL NOT BE REQUIRED, TO SELECT ON OR AFTER THE OCCURRENCE OF  A  LIBOR
 DISCONTINUANCE EVENT THE RECOMMENDED BENCHMARK REPLACEMENT AS THE BENCH-
 MARK  REPLACEMENT.  SUCH SELECTION OF THE RECOMMENDED BENCHMARK REPLACE-
 MENT SHALL BE:
   (I) IRREVOCABLE;
   (II) MADE BY THE EARLIER OF EITHER THE LIBOR REPLACEMENT DATE, OR  THE
 LATEST  DATE  FOR  SELECTING  A  BENCHMARK REPLACEMENT ACCORDING TO SUCH
 CONTRACT, SECURITY, OR INSTRUMENT; AND
   (III) USED IN ANY  DETERMINATIONS  OF  THE  BENCHMARK  UNDER  OR  WITH
 RESPECT  TO SUCH CONTRACT, SECURITY OR INSTRUMENT OCCURRING ON AND AFTER
 THE LIBOR REPLACEMENT DATE.
   4. IF  A  RECOMMENDED  BENCHMARK  REPLACEMENT  BECOMES  THE  BENCHMARK
 REPLACEMENT FOR ANY CONTRACT, SECURITY, OR INSTRUMENT PURSUANT TO SUBDI-
 VISION  ONE  OR  SUBDIVISION  THREE  OF THIS SECTION, THEN ALL BENCHMARK
 REPLACEMENT CONFORMING CHANGES THAT ARE APPLICABLE (IN  ACCORDANCE  WITH
 THE  DEFINITION  OF  BENCHMARK  REPLACEMENT  CONFORMING CHANGES) TO SUCH
 RECOMMENDED BENCHMARK REPLACEMENT SHALL BECOME AN INTEGRAL PART OF  SUCH
 CONTRACT, SECURITY, OR INSTRUMENT BY OPERATION OF LAW.
   5. THE PROVISIONS OF THIS ARTICLE SHALL NOT ALTER OR IMPAIR:
   A. ANY WRITTEN AGREEMENT BY ALL REQUISITE PARTIES THAT, RETROSPECTIVE-
 LY  OR  PROSPECTIVELY,  A CONTRACT, SECURITY, OR INSTRUMENT SHALL NOT BE
 SUBJECT TO THIS ARTICLE WITHOUT NECESSARILY  REFERRING  SPECIFICALLY  TO
 THIS  ARTICLE.  FOR  PURPOSES  OF  THIS SUBDIVISION, "REQUISITE PARTIES"
 MEANS ALL PARTIES REQUIRED TO  AMEND  THE  TERMS  AND  PROVISIONS  OF  A
 CONTRACT,  SECURITY,  OR  INSTRUMENT  THAT WOULD OTHERWISE BE ALTERED OR
 AFFECTED BY THIS ARTICLE;
   B.  ANY  CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  CONTAINS  FALLBACK
 PROVISIONS  THAT,  AFTER  THE  APPLICATION  OF  SUBDIVISION  TWO OF THIS
 SECTION WOULD RESULT IN A BENCHMARK REPLACEMENT THAT  IS  NOT  BASED  ON
 LIBOR,  INCLUDING,  BUT  NOT  LIMITED  TO, THE PRIME RATE OR THE FEDERAL
 FUNDS RATE;
   C. ANY CONTRACT, SECURITY, OR INSTRUMENT SUBJECT TO SUBDIVISION  THREE
 OF THIS SECTION AS TO WHICH A DETERMINING PERSON DOES NOT ELECT TO USE A
 RECOMMENDED  BENCHMARK REPLACEMENT PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION OR AS TO WHICH A DETERMINING PERSON ELECTS TO USE A  RECOMMENDED
 BENCHMARK  REPLACEMENT PRIOR TO THE OCCURRENCE OF A LIBOR DISCONTINUANCE
 EVENT, EXCEPT THAT SUCH  CONTRACT,  SECURITY,  OR  INSTRUMENT  SHALL  BE
 SUBJECT TO SUBDIVISION TWO OF THIS SECTION; OR
   D.  THE APPLICATION TO A RECOMMENDED BENCHMARK REPLACEMENT OF ANY CAP,
 FLOOR, MODIFIER, OR SPREAD ADJUSTMENT TO WHICH LIBOR  HAD  BEEN  SUBJECT
 PURSUANT TO THE TERMS OF A CONTRACT, SECURITY, OR INSTRUMENT.

 S. 2508                            120                           A. 3008
 
   6.  NOTWITHSTANDING  THE  UNIFORM  COMMERCIAL CODE OR ANY OTHER LAW OF
 THIS STATE, THIS TITLE SHALL APPLY  TO  ALL  CONTRACTS,  SECURITIES  AND
 INSTRUMENTS,  INCLUDING  CONTRACTS,  WITH  RESPECT  TO COMMERCIAL TRANS-
 ACTIONS, AND SHALL NOT BE DEEMED TO BE DISPLACED BY  ANY  OTHER  LAW  OF
 THIS STATE.
   § 18-402. CONTINUITY  OF CONTRACT AND SAFE HARBOR. 1. THE SELECTION OR
 USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS  A  BENCHMARK  REPLACEMENT
 UNDER  OR  IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT BY OPERATION
 OF SECTION 18-401 OF THIS SECTION SHALL CONSTITUTE:
   A.  A  COMMERCIALLY  REASONABLE  SUBSTITUTE  FOR  AND  A  COMMERCIALLY
 SUBSTANTIAL EQUIVALENT TO LIBOR;
   B.  A  REASONABLE,  COMPARABLE OR ANALOGOUS TERM FOR LIBOR UNDER OR IN
 RESPECT OF SUCH CONTRACT, SECURITY OR INSTRUMENT;
   C. A REPLACEMENT THAT IS BASED ON A METHODOLOGY OR INFORMATION THAT IS
 SIMILAR OR COMPARABLE TO LIBOR; AND
   D. SUBSTANTIAL PERFORMANCE BY ANY PERSON OF ANY  RIGHT  OR  OBLIGATION
 UNDER OR IN RESPECT OF A CONTRACT, SECURITY OR INSTRUMENT.
   2.  NONE  OF:  A.  A LIBOR DISCONTINUANCE EVENT OR A LIBOR REPLACEMENT
 DATE, B. THE USE OF A RECOMMENDED BENCHMARK REPLACEMENT AS  A  BENCHMARK
 REPLACEMENT;  OR C.  THE DETERMINATION, IMPLEMENTATION OR PERFORMANCE OF
 BENCHMARK REPLACEMENT CONFORMING CHANGES, IN EACH CASE, BY OPERATION  OF
 SECTION 18-401 OF THIS ARTICLE, SHALL:
   (I) BE DEEMED TO IMPAIR OR AFFECT THE RIGHT OF ANY PERSON TO RECEIVE A
 PAYMENT,  OR  AFFECT  THE  AMOUNT  OR  TIMING OF SUCH PAYMENT, UNDER ANY
 CONTRACT, SECURITY, OR INSTRUMENT; OR
   (II) HAVE THE EFFECT OF (A) DISCHARGING OR EXCUSING PERFORMANCE  UNDER
 ANY  CONTRACT,  SECURITY OR INSTRUMENT FOR ANY REASON, CLAIM OR DEFENSE,
 INCLUDING, BUT NOT LIMITED TO, ANY FORCE MAJEURE OR OTHER  PROVISION  IN
 ANY CONTRACT, SECURITY OR INSTRUMENT; (B) GIVING ANY PERSON THE RIGHT TO
 UNILATERALLY  TERMINATE OR SUSPEND PERFORMANCE UNDER ANY CONTRACT, SECU-
 RITY OR INSTRUMENT; (C) CONSTITUTING A BREACH OF A CONTRACT, SECURITY OR
 INSTRUMENT; OR (D) VOIDING  OR  NULLIFYING  ANY  CONTRACT,  SECURITY  OR
 INSTRUMENT.
   3.  NO PERSON SHALL HAVE ANY LIABILITY FOR DAMAGES TO ANY PERSON OR BE
 SUBJECT TO ANY CLAIM OR REQUEST FOR EQUITABLE RELIEF ARISING OUT  OF  OR
 RELATED  TO THE USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE DETER-
 MINATION,  IMPLEMENTATION  OR  PERFORMANCE  OF   BENCHMARK   REPLACEMENT
 CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS
 ARTICLE, AND SUCH SELECTION OR USE OF THE RECOMMENDED BENCHMARK REPLACE-
 MENT  OR  THE  IMPLEMENTATION  OR  PERFORMANCE  OF BENCHMARK REPLACEMENT
 CONFORMING CHANGES SHALL NOT GIVE RISE TO ANY CLAIM OR CAUSE  OF  ACTION
 BY ANY PERSON IN LAW OR IN EQUITY.
   4.  THE SELECTION OR USE OF A RECOMMENDED BENCHMARK REPLACEMENT OR THE
 DETERMINATION, IMPLEMENTATION, OR PERFORMANCE OF  BENCHMARK  REPLACEMENT
 CONFORMING CHANGES, IN EACH CASE, BY OPERATION OF SECTION 18-401 OF THIS
 ARTICLE, SHALL BE DEEMED TO:
   A.  NOT  BE  AN AMENDMENT OR MODIFICATION OF ANY CONTRACT, SECURITY OR
 INSTRUMENT; AND
   B. NOT PREJUDICE, IMPAIR OR AFFECT ANY PERSON'S RIGHTS OR  OBLIGATIONS
 UNDER OR IN RESPECT OF ANY CONTRACT, SECURITY OR INSTRUMENT.
   5.  EXCEPT AS PROVIDED IN EITHER SUBDIVISION ONE OR SUBDIVISION TWO OF
 SECTION 18-401 OF THIS ARTICLE, THE PROVISIONS OF THIS ARTICLE SHALL NOT
 BE INTERPRETED AS CREATING ANY NEGATIVE INFERENCE OR  NEGATIVE  PRESUMP-
 TION REGARDING THE VALIDITY OR ENFORCEABILITY OF ANY OF THE FOLLOWING IF
 AGREED TO BY THE PARTIES TO A CONTRACT:

 S. 2508                            121                           A. 3008
 
   A.  ANY  BENCHMARK  REPLACEMENT  THAT IS NOT A RECOMMENDED REPLACEMENT
 BENCHMARK;
   B.  ANY  SPREAD ADJUSTMENT, OR METHOD FOR CALCULATING OR DETERMINING A
 SPREAD ADJUSTMENT, THAT IS NOT A RECOMMENDED SPREAD ADJUSTMENT; OR
   C. ANY CHANGES, ALTERATIONS OR MODIFICATIONS TO OR  IN  RESPECT  OF  A
 CONTRACT,  SECURITY  OR  INSTRUMENT  THAT  ARE NOT BENCHMARK REPLACEMENT
 CONFORMING CHANGES.
   § 18-403. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE  OR  APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALID-
 ITY  SHALL  NOT  AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS ARTICLE
 THAT CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION  OR  APPLICATION,
 AND TO THIS END THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE.
   § 2. This act shall take effect immediately.

                                  PART QQ
 
   Section  1.    The  general  business  law  is amended by adding a new
 section 399-zzzzz to read as follows:
   § 399-ZZZZZ. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS.  1.  FOR  THE
 PURPOSES  OF  THIS  SECTION,  THE  TERM "BROADBAND SERVICE" SHALL MEAN A
 MASS-MARKET RETAIL SERVICE THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA
 TO AND RECEIVE DATA FROM ALL OR SUBSTANTIALLY  ALL  INTERNET  ENDPOINTS,
 INCLUDING  ANY CAPABILITIES THAT ARE INCIDENTAL TO AND ENABLE THE OPERA-
 TION OF THE  COMMUNICATIONS  SERVICE,  BUT  SHALL  NOT  INCLUDE  DIAL-UP
 SERVICE.
   2.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK STATE SHALL,  NO  LATER
 THAN  SIXTY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SECTION, OFFER HIGH
 SPEED BROADBAND SERVICE TO LOW-INCOME CONSUMERS WHOSE HOUSEHOLD: (A)  IS
 ELIGIBLE  FOR  FREE  OR REDUCED-PRICED LUNCH THROUGH THE NATIONAL SCHOOL
 LUNCH PROGRAM; OR (B) WHOSE ANNUAL GROSS  HOUSEHOLD  INCOME  IS  NOT  IN
 EXCESS  OF ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY GUIDE-
 LINES AS UPDATED PERIODICALLY IN THE  FEDERAL  REGISTER  BY  THE  UNITED
 STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE AUTHORITY OF 42
 U.S.C.  §  9902(2).    SUCH LOW-INCOME BROADBAND SERVICE SHALL PROVIDE A
 MINIMUM DOWNLOAD SPEED EQUAL TO THE GREATER OF TWENTY-FIVE MEGABITS  PER
 SECOND  DOWNLOAD  SPEED OR THE DOWNLOAD SPEED OF THE PROVIDER'S EXISTING
 LOW-INCOME BROADBAND SERVICE SOLD TO CUSTOMERS IN THE STATE.
   3. BROADBAND SERVICE FOR LOW-INCOME CONSUMERS, AS SET  FORTH  IN  THIS
 SECTION, SHALL BE PROVIDED AT A COST OF NO MORE THAN FIFTEEN DOLLARS PER
 MONTH,  INCLUSIVE  OF  ANY  RECURRING  TAXES  AND FEES SUCH AS RECURRING
 RENTAL FEES FOR SERVICE PROVIDER EQUIPMENT REQUIRED TO OBTAIN  BROADBAND
 SERVICE  AND USAGE FEES. BROADBAND SERVICE PROVIDERS SHALL ALLOW LOW-IN-
 COME BROADBAND SERVICE SUBSCRIBERS TO  PURCHASE  STANDALONE  OR  BUNDLED
 CABLE AND/OR PHONE SERVICES SEPARATELY. BROADBAND SERVICE PROVIDERS MAY,
 ONCE  EVERY  FIVE  YEARS, AND AFTER THIRTY DAYS' NOTICE TO ITS CUSTOMERS
 AND THE DEPARTMENT OF PUBLIC SERVICE, INCREASE THE PRICE OF THIS SERVICE
 BY THE LESSER OF THE MOST RECENT CHANGE IN THE CONSUMER PRICE INDEX OR A
 MAXIMUM OF TWO PERCENT PER YEAR OF THE PRICE FOR SUCH SERVICE.
   4. EVERY PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS  PROVIDING  OR
 SEEKING  TO  PROVIDE  BROADBAND SERVICE IN NEW YORK STATE SHALL MAKE ALL
 COMMERCIALLY REASONABLE EFFORTS TO PROMOTE AND ADVERTISE THE AVAILABILI-
 TY OF BROADBAND SERVICE FOR  LOW-INCOME  CONSUMERS  INCLUDING,  BUT  NOT
 LIMITED  TO,  THE  PROMINENT  DISPLAY OF, AND ENROLLMENT PROCEDURES FOR,
 SUCH SERVICE ON ITS WEBSITE AND IN ANY  WRITTEN  AND  COMMERCIAL  PROMO-

 S. 2508                            122                           A. 3008
 
 TIONAL  MATERIALS  DEVELOPED TO INFORM CONSUMERS WHO MAY BE ELIGIBLE FOR
 SERVICE PURSUANT TO THIS SECTION.
   5.  EVERY  PERSON, BUSINESS, CORPORATION, OR THEIR AGENTS PROVIDING OR
 SEEKING TO PROVIDE BROADBAND SERVICE IN NEW YORK  STATE  SHALL  ANNUALLY
 SUBMIT  TO  THE  DEPARTMENT  OF  PUBLIC  SERVICE, NO LATER THAN NOVEMBER
 FIFTEENTH AFTER THE EFFECTIVE DATE OF THIS ACT, AND ANNUALLY THEREAFTER,
 A COMPLIANCE REPORT SETTING FORTH: (A)  A  DESCRIPTION  OF  THE  SERVICE
 OFFERED  PURSUANT  TO THIS SECTION; (B) THE NUMBER OF CONSUMERS ENROLLED
 IN SUCH SERVICE; (C) A DESCRIPTION OF THE PROCEDURES BEING USED TO VERI-
 FY  THE  ELIGIBILITY  OF  CUSTOMERS  RECEIVING  SUCH  SERVICE;   (D)   A
 DESCRIPTION  AND  SAMPLES OF THE ADVERTISING OR MARKETING EFFORTS UNDER-
 TAKEN TO ADVERTISE OR PROMOTE SUCH SERVICE; (E)  A  DESCRIPTION  OF  ALL
 RETAIL  RATE  PRODUCTS, INCLUDING PRICING, OFFERED BY SUCH PERSON, BUSI-
 NESS, CORPORATION, OR THEIR AGENTS; (F) A DESCRIPTION,  INCLUDING  SPEED
 AND  PRICE,  OF ALL BROADBAND PRODUCTS OFFERED IN THE STATE OF NEW YORK;
 AND (G) SUCH OTHER INFORMATION AS THE DEPARTMENT OF PUBLIC  SERVICE  MAY
 REQUIRE.
   6.  THE  DEPARTMENT  OF  PUBLIC SERVICE SHALL, WITHIN TWO YEARS OF THE
 EFFECTIVE DATE OF THIS SECTION AND AT LEAST EVERY FIVE YEARS THEREAFTER,
 UNDERTAKE A PROCEEDING TO DETERMINE IF THE  MINIMUM  BROADBAND  DOWNLOAD
 SPEED  IN THIS SECTION SHOULD BE INCREASED TO THE FEDERAL COMMUNICATIONS
 COMMISSION'S BENCHMARK BROADBAND DOWNLOAD SPEED, OR TO  ANOTHER  MINIMUM
 BROADBAND  DOWNLOAD  SPEED  IF THE FEDERAL COMMUNICATIONS COMMISSION HAS
 NOT INCREASED ITS BENCHMARK BY SUCH DATE.    THE  DEPARTMENT  OF  PUBLIC
 SERVICE  SHALL  ALSO:  (A)  UNDERTAKE APPROPRIATE MEASURES TO INFORM THE
 PUBLIC ABOUT AVAILABLE BROADBAND PRODUCTS, INCLUDING RETAIL RATE PRODUCT
 OFFERINGS AND LOW-INCOME OFFERINGS; AND (B) PERIODICALLY,  BUT  NO  LESS
 THAN  ONCE  EVERY  FIVE  YEARS,  REVIEW ELIGIBILITY REQUIREMENTS FOR THE
 LOW-INCOME SERVICE REQUIRED PURSUANT TO THIS SECTION,  AND  UPDATE  SUCH
 REQUIREMENTS AS MAY BE NECESSARY TO MEET THE NEEDS OF CONSUMERS.
   7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A SPECIAL
 PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE  DEFENDANT  OF
 NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH
 VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR
 JUSTICE  THAT  THE  DEFENDANT  HAS,  IN  FACT, VIOLATED THIS SECTION, AN
 INJUNCTION MAY  BE  ISSUED  BY  THE  COURT  OR  JUSTICE,  ENJOINING  AND
 RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT REQUIRING PROOF THAT ANY
 PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
 PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
 TION. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS PER VIOLATION. IN  CONNECTION  WITH  ANY  SUCH
 PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF
 AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
 ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART RR
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 30 to read as follows:

 S. 2508                            123                           A. 3008
 
   30.  (A)  TO ENTER INTO LOANS WITH, AND TO PROVIDE SERVICES RELATED TO
 PLANNING, DESIGN, CONSTRUCTION, RENOVATION,  RECONSTRUCTION,  FURNISHING
 OR  EQUIPPING  TO,  ANY  SCHOOL  DISTRICT, NOT-FOR-PROFIT CORPORATION OR
 GROUP OF NOT-FOR-PROFIT CORPORATIONS, FOR CAPITAL  PROJECTS  LOCATED  IN
 NEW  YORK  STATE  WITH  AN  AGGREGATE COST OF NOT LESS THAN FIVE MILLION
 DOLLARS.
   (B) TO ENTER INTO LOANS WITH ANY  SCHOOL  DISTRICT  OR  NOT-FOR-PROFIT
 CORPORATION  TO  FUND  THEIR  WORKING CAPITAL NEEDS, PROVIDED SUCH LOANS
 HAVE BEEN PRESENTED TO THE AUTHORITY'S BOARD DURING THE  COVID-19  STATE
 OF EMERGENCY.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "NOT-FOR-PROFIT  CORPORATION"  SHALL  MEAN  A DOMESTIC OR FOREIGN
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION LAW.
   (II)  "SCHOOL  DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT LOCATED IN THE
 STATE OF NEW YORK.
   (III) "WORKING CAPITAL" SHALL  MEAN  FUNDS  USED  TO  PAY  OPERATIONAL
 EXPENSES,  INCLUDING  BUT  NOT  LIMITED  TO, SALARIES, ACCOUNTS PAYABLE,
 PURCHASING INVENTORY AND OTHER OPERATIONAL OBLIGATIONS.
   (IV) "COVID-19 STATE OF EMERGENCY" SHALL  MEAN  THE  PERIOD  IN  WHICH
 EXECUTIVE  ORDER  TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED, IS
 IN EFFECT TO ADDRESS THE OUTBREAK OF THE NOVEL CORONAVIRUS, COVID-19.
   § 2. Nothing in this act is intended to limit, impair, or  affect  the
 legal  authority  of  the  dormitory  authority of the state of New York
 under any other provision of law.
   § 3. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of
 chapter 392 of the laws of 1973 constituting the New York State  Medical
 Care  Facilities  Finance  Agency  act, as amended by chapter 183 of the
 laws of 2018, is amended to read as follows:
   (b) The agency shall not issue hospital and nursing home project bonds
 and hospital and nursing home project notes in  an  aggregate  principal
 amount  exceeding [sixteen] SEVENTEEN billion [six] FOUR hundred million
 dollars, excluding hospital and nursing home project bonds and  hospital
 and nursing home project notes issued to refund outstanding hospital and
 nursing home projects bonds and hospital and nursing home project notes;
 provided,  however,  that upon any such refunding or repayment the total
 aggregate principal amount of outstanding bonds, notes  or  other  obli-
 gations  may  be  greater  than  [sixteen]  SEVENTEEN billion [six] FOUR
 hundred million dollars only if the present value of the aggregate  debt
 service  of the refunding or repayment bonds, notes or other obligations
 to be issued shall not exceed the present value of  the  aggregate  debt
 service  of  the  bonds, notes or other obligations so to be refunded or
 repaid. For purposes hereof, the present values of  the  aggregate  debt
 service  of the refunding or repayment bonds, notes or other obligations
 and of the aggregate debt service of the bonds,  notes  or  other  obli-
 gations  so  refunded  or  repaid,  shall be calculated by utilizing the
 effective interest rate of the refunding or repayment  bonds,  notes  or
 other  obligations,  which shall be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue of the refunding or repayment bonds, notes  or  other  obligations

 S. 2508                            124                           A. 3008
 
 and  to  the  price bid including estimated accrued interest or proceeds
 received by the agency including estimated  accrued  interest  from  the
 sale  thereof.  The  agency  shall  not  issue hospital and nursing home
 project bonds at any time secured by the hospital and nursing home capi-
 tal  reserve fund if upon issuance, the amount in the hospital and nurs-
 ing home capital reserve fund will be less than the hospital and nursing
 home capital reserve fund requirement, unless the agency, at the time of
 issuance of such bonds, shall deposit in  such  reserve  fund  from  the
 proceeds  of  the  bonds  so to be issued, or otherwise, an amount which
 together with the amount then in such reserve fund,  will  be  not  less
 than the hospital and nursing home capital reserve fund requirement.
   § 2. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. This act enacts into law components of legislation relating
 to  the  pandemic recovery and restart program. Each component is wholly
 contained within a Subpart identified  as  Subparts  A  through  C.  The
 effective  date  for  each  particular  provision  contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes reference to a section "of this  act",  when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 is  found.  Section  three  of this act sets forth the general effective
 date of this act.
 
                                 SUBPART A
 
   Section 1. The economic development law is amended  by  adding  a  new
 article 24 to read as follows:
                                ARTICLE 24
             SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 460. SHORT TITLE.
         461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         462. DEFINITIONS.
         463. ELIGIBILITY CRITERIA.
         464. APPLICATION AND APPROVAL PROCESS.
         465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT.
         466. POWERS AND DUTIES OF THE COMMISSIONER.
         467. MAINTENANCE OF RECORDS.
         468. REPORTING.
         469. CAP ON TAX CREDIT.
   §  460.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 461. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND AND DECLARED THAT NEW YORK STATE NEEDS,  AS  A  MATTER  OF  PUBLIC
 POLICY,  TO  CREATE  FINANCIAL INCENTIVES FOR SMALL BUSINESSES IN INDUS-
 TRIES THAT HAVE SUFFERED ECONOMIC HARM  AS  A  RESULT  OF  THE  COVID-19
 PANDEMIC  TO EXPEDITIOUSLY REHIRE WORKERS AND INCREASE TOTAL SMALL BUSI-
 NESS EMPLOYMENT. THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM IS
 CREATED TO PROVIDE FINANCIAL INCENTIVES  TO  ECONOMICALLY  HARMED  SMALL
 BUSINESSES  TO  OFFER  RELIEF, EXPEDITE THEIR HIRING EFFORTS, AND REDUCE
 THE DURATION AND SEVERITY OF THE CURRENT ECONOMIC DIFFICULTIES.
   § 462. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:

 S. 2508                            125                           A. 3008
 
   1. "ACCOMMODATION SECTOR" MEANS ESTABLISHMENTS THAT PROVIDE LODGING OR
 SHORT-TERM ACCOMMODATIONS FOR TRAVELERS, VACATIONERS, AND OTHERS.
   2.  "ARTS,  ENTERTAINMENT, AND RECREATION SECTOR" MEANS ESTABLISHMENTS
 THAT OPERATE FACILITIES OR PROVIDE SERVICES  TO  MEET  VARIED  CULTURAL,
 ENTERTAINMENT,  AND RECREATIONAL INTERESTS OF THEIR PATRONS. THIS SECTOR
 COMPRISES: (A) ESTABLISHMENTS THAT ARE INVOLVED IN PRODUCING, PROMOTING,
 OR PARTICIPATING IN LIVE PERFORMANCES, EVENTS, OR EXHIBITS INTENDED  FOR
 PUBLIC VIEWING; (B) ESTABLISHMENTS THAT PRESERVE AND EXHIBIT OBJECTS AND
 SITES  OF  HISTORICAL, CULTURAL, OR EDUCATIONAL INTEREST; AND (C) ESTAB-
 LISHMENTS THAT  OPERATE  FACILITIES  OR  PROVIDE  SERVICES  THAT  ENABLE
 PATRONS  TO  PARTICIPATE IN RECREATIONAL ACTIVITIES OR PURSUE AMUSEMENT,
 HOBBY, AND LEISURE-TIME INTERESTS.
   3. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN  THE  AVERAGE  NUMBER  OF
 FULL-TIME  EQUIVALENT  POSITIONS  EMPLOYED  BY  A  BUSINESS ENTITY IN AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   4. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   5. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE  CALCULATED  AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-ONE, AND DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   6. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY  BY  THE  DEPARTMENT  AFTER  THE DEPARTMENT HAS VERIFIED THAT THE
 BUSINESS ENTITY HAS MET ALL  APPLICABLE  ELIGIBILITY  CRITERIA  IN  THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT  UNDER  THIS  ARTICLE  THAT  A BUSINESS ENTITY MAY CLAIM, PURSUANT TO
 SECTION FOUR HUNDRED SIXTY-FIVE OF THIS ARTICLE.
   7. "COMMISSIONER" SHALL MEAN THE COMMISSIONER  OF  THE  DEPARTMENT  OF
 ECONOMIC DEVELOPMENT.
   8. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN ONE OF THE FOLLOWING BUSINESS SECTORS:
   (A) ACCOMMODATIONS; OR
   (B) ARTS, ENTERTAINMENT, AND RECREATION.
   10.  "NET  EMPLOYEE  INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-
 TIME EQUIVALENT EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME  EMPLOY-
 MENT AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   §  463. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM, A BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE A BUSINESS LOCATION IN NEW YORK STATE THAT CHARGES ADMIS-
 SION AND/OR ACCEPTS PAYMENT FOR GOODS  AND/OR  SERVICES  FROM  IN-PERSON
 CUSTOMERS;
   (C) OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AS DEFINED IN SUBDI-
 VISION NINE OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE; PROVIDED,
 HOWEVER, THAT THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED PURSUANT TO
 THIS  ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN SECTORS OF THOSE
 INDUSTRIES AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN

 S. 2508                            126                           A. 3008

 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2.  A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY EMER-
 GENCY RESTRICTIONS OR PUBLIC HEALTH ORDERS IMPACTING THE INDUSTRY SECTOR
 OR OTHER LAWS AND REGULATIONS AS  DETERMINED  BY  THE  COMMISSIONER.  IN
 ADDITION,  A  BUSINESS  ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING WITH AN APPROVED BINDING PAYMENT AGREEMENT  ENTERED  INTO  WITH  THE
 TAXING AUTHORITY.
   §  464.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 BUSINESS  ENTITIES  TO  SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS  ENTITY'S  TAX  INFORMATION  WITH  THE DEPARTMENT. HOWEVER, ANY
 INFORMATION SHARED AS A RESULT OF THIS PROGRAM SHALL  NOT  BE  AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX
 CREDIT IN THE TAXABLE YEAR  THAT  INCLUDES  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-ONE.
   §  465. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY
 IN THE SMALL BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM THAT  MEETS  THE
 ELIGIBILITY  REQUIREMENTS  OF  SECTION  FOUR HUNDRED SIXTY-THREE OF THIS
 ARTICLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS
 PER EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED IN SUBDI-
 VISION TEN OF SECTION FOUR HUNDRED SIXTY-TWO OF THIS ARTICLE.
   2. A BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP,  LIMITED  LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3.  THE  CREDIT  SHALL  BE  ALLOWED AS PROVIDED IN SECTION FORTY-FIVE,
 SUBDIVISION FIFTY-FIVE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (KKK)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 466. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER  MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY  CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS
 ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH  IN

 S. 2508                            127                           A. 3008
 
 SECTION  FOUR  HUNDRED SIXTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY PROVISIONS TO THE CONTRARY IN  THE  STATE  ADMINISTRATIVE  PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY  THE  COMMISSIONER  TO  ELIGIBLE BUSINESSES. SUCH CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET  FORTH  IN  SECTION FOUR HUNDRED SIXTY-THREE OF THIS ARTICLE, OR FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SIXTY-FOUR OF THIS ARTICLE.
   § 467. MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY  PARTICIPATING  IN
 THE  PROGRAM  SHALL  KEEP  ALL  RELEVANT  RECORDS  FOR THEIR DURATION OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   § 468. REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN  THIS  PROGRAM
 MUST  SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.
   § 469. CAP ON TAX CREDIT. THE TOTAL AMOUNT OF TAX  CREDITS  LISTED  ON
 CERTIFICATES  OF  TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT TO THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   § 2. The tax law is amended by adding a new  section  45  to  read  as
 follows:
   § 45. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CRED-
 IT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS
 CHAPTER  SHALL  BE  ALLOWED  A  CREDIT AGAINST SUCH TAX, PURSUANT TO THE
 PROVISIONS REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT  OF
 THE  CREDIT  IS  EQUAL TO THE AMOUNT DETERMINED PURSUANT TO SECTION FOUR
 HUNDRED SIXTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST  OR  EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE SMALL BUSINESS RETURN-TO-WORK
 TAX CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED  A  CERTIFICATE  OF  TAX
 CREDIT BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION
 TWO  OF SECTION FOUR HUNDRED SIXTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW,
 WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT  MAY  BE
 CLAIMED  FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM
 ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE
 YEAR. A TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED
 LIABILITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION THAT  HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF  THE  CREDIT  EARNED BY THE PARTNERSHIP, LIMITED LIABILITY COMPANY OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED  TO  ATTACH
 TO  ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF
 RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE  COMMISSIONER  OF
 THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (D)  INFORMATION  SHARING. NOTWITHSTANDING ANY PROVISION OF THIS CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1) INFORMATION DERIVED FROM TAX RETURNS OR REPORTS THAT  IS  RELEVANT
 TO  A  TAXPAYER'S  ELIGIBILITY  TO  PARTICIPATE  IN  THE  SMALL BUSINESS
 RETURN-TO-WORK TAX CREDIT PROGRAM;

 S. 2508                            128                           A. 3008
 
   (2) INFORMATION REGARDING THE CREDIT APPLIED FOR, ALLOWED  OR  CLAIMED
 PURSUANT  TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 SMALL  BUSINESS RETURN-TO-WORK TAX CREDIT PROGRAM. EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FOUR OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 55;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (KKK).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 55 to read as follows:
   55. SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT.
 A  TAXPAYER  SHALL  BE  ALLOWED  A CREDIT, TO BE COMPUTED AS PROVIDED IN
 SECTION FORTY-FIVE OF THIS CHAPTER, AGAINST THE TAXES  IMPOSED  BY  THIS
 ARTICLE.
   (B)  APPLICATION  OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
 FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO  LESS
 THAN  THE  AMOUNT  PRESCRIBED  IN  PARAGRAPH  (D)  OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE.   HOWEVER,  IF  THE  AMOUNT  OF
 CREDIT  ALLOWED  UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE
 TAX TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX  BASED  ON  THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH  TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CRED-
 ITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE  THOU-
 SAND  EIGHTY-SIX  OF  THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
 SUBSECTION (C) OF SECTION ONE  THOUSAND  EIGHTY-EIGHT  OF  THIS  CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   §  4. Section 606 of the tax law is amended by adding a new subsection
 (kkk) to read as follows:
   (KKK) SMALL BUSINESS RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CRED-
 IT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED  IN
 SECTION  FORTY-FIVE  OF  THIS  CHAPTER,  AGAINST THE TAX IMPOSED BY THIS
 ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL  BE
 PAID THEREON.
   §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
 of the tax law is amended by adding a  new  clause  (xlvi)  to  read  as
 follows:
 (XLVI) SMALL BUSINESS                AMOUNT OF CREDIT UNDER
 RETURN-TO-WORK TAX                   SUBDIVISION FIFTY-FIVE
 CREDIT                               OF SECTION TWO HUNDRED TEN-B

 S. 2508                            129                           A. 3008
 
   § 6. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  The  economic  development law is amended by adding a new
 article 25 to read as follows:
                                ARTICLE 25
               RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM
 SECTION 470. SHORT TITLE.
         471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         472. DEFINITIONS.
         473. ELIGIBILITY CRITERIA.
         474. APPLICATION AND APPROVAL PROCESS.
         475. RESTAURANT RETURN-TO-WORK TAX CREDIT.
         476. POWERS AND DUTIES OF THE COMMISSIONER.
         477. MAINTENANCE OF RECORDS.
         478. REPORTING.
         479. CAP ON TAX CREDIT.
   § 470. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM ACT".
   § 471. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND  AND  DECLARED  THAT  NEW  YORK STATE NEEDS, AS A MATTER OF PUBLIC
 POLICY,  TO  CREATE  FINANCIAL  INCENTIVES  FOR  RESTAURANTS  THAT  HAVE
 SUFFERED  ECONOMIC  HARM  AS  A RESULT OF THE COVID-19 PANDEMIC TO EXPE-
 DITIOUSLY REHIRE WORKERS AND INCREASE TOTAL EMPLOYMENT.  THE  RESTAURANT
 RETURN-TO-WORK TAX CREDIT PROGRAM IS CREATED TO PROVIDE FINANCIAL INCEN-
 TIVES TO ECONOMICALLY HARMED RESTAURANTS TO OFFER RELIEF, EXPEDITE THEIR
 HIRING  EFFORTS,  AND  REDUCE  THE  DURATION AND SEVERITY OF THE CURRENT
 ECONOMIC DIFFICULTIES.
   § 472. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "AVERAGE FULL-TIME EMPLOYMENT" SHALL MEAN  THE  AVERAGE  NUMBER  OF
 FULL-TIME  EQUIVALENT  POSITIONS  EMPLOYED  BY  A  BUSINESS ENTITY IN AN
 ELIGIBLE INDUSTRY DURING A GIVEN PERIOD.
   2. "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-ONE, AND MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE  CALCULATED  AS  THE
 AVERAGE  NUMBER OF FULL-TIME EQUIVALENT POSITIONS EMPLOYED BY A BUSINESS
 ENTITY IN AN ELIGIBLE INDUSTRY BETWEEN APRIL FIRST, TWO  THOUSAND  TWEN-
 TY-ONE,  AND  EITHER  AUGUST  THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE, OR
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, WHICHEVER DATE THE BUSI-
 NESS ENTITY CHOOSES TO USE.
   4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY BY THE DEPARTMENT AFTER THE  DEPARTMENT  HAS  VERIFIED  THAT  THE
 BUSINESS  ENTITY  HAS  MET  ALL  APPLICABLE ELIGIBILITY CRITERIA IN THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT UNDER THIS ARTICLE THAT A BUSINESS  ENTITY  MAY  CLAIM,  PURSUANT  TO
 SECTION FOUR HUNDRED SEVENTY-FIVE OF THIS ARTICLE.
   5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF THE DEPARTMENT OF ECONOM-
 IC DEVELOPMENT.
   6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   7. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN THE COVID-19 IMPACTED FOOD SERVICES SECTOR.

 S. 2508                            130                           A. 3008
 
   8. "NET EMPLOYEE INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-TIME
 EQUIVALENT  EMPLOYEE  BETWEEN  THE AVERAGE STARTING FULL-TIME EMPLOYMENT
 AND THE AVERAGE ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY.
   9. "COVID-19 IMPACTED FOOD SERVICES SECTOR" MEANS:
   (A)  INDEPENDENTLY  OWNED  ESTABLISHMENTS  THAT ARE LOCATED INSIDE THE
 CITY OF NEW YORK AND HAVE BEEN SUBJECTED TO A BAN ON INDOOR  DINING  FOR
 OVER  SIX  MONTHS  AND  ARE  PRIMARILY  ORGANIZED TO PREPARE AND PROVIDE
 MEALS, AND/OR BEVERAGES TO  CUSTOMERS  FOR  CONSUMPTION,  INCLUDING  FOR
 IMMEDIATE  INDOOR  ON-PREMISES  CONSUMPTION, AS FURTHER DEFINED IN REGU-
 LATIONS PURSUANT TO THIS ARTICLE; AND
   (B) INDEPENDENTLY OWNED ESTABLISHMENTS THAT ARE LOCATED OUTSIDE OF THE
 CITY OF NEW YORK IN AN AREA WHICH HAS BEEN AND/OR REMAINS DESIGNATED  BY
 THE  DEPARTMENT  OF HEALTH AS EITHER AN ORANGE ZONE OR RED ZONE PURSUANT
 TO EXECUTIVE ORDER 202.68 AS AMENDED, AND FOR WHICH SUCH DESIGNATION WAS
 OR HAS BEEN IN EFFECT AND RESULTED IN ADDITIONAL RESTRICTIONS ON  INDOOR
 DINING FOR AT LEAST THIRTY CONSECUTIVE DAYS, AND ARE PRIMARILY ORGANIZED
 TO PREPARE AND PROVIDE MEALS, AND/OR BEVERAGES TO CUSTOMERS FOR CONSUMP-
 TION, INCLUDING FOR IMMEDIATE INDOOR ON-PREMISES CONSUMPTION, AS FURTHER
 DEFINED IN REGULATIONS PURSUANT TO THIS ARTICLE.
   §  473. ELIGIBILITY CRITERIA. 1. TO BE ELIGIBLE FOR A TAX CREDIT UNDER
 THE RESTAURANT RETURN-TO-WORK TAX  CREDIT  PROGRAM,  A  BUSINESS  ENTITY
 MUST:
   (A)  BE  A SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
 OF THIS CHAPTER AND HAVE FEWER THAN ONE  HUNDRED  FULL-TIME  JOB  EQUIV-
 ALENTS IN NEW YORK STATE AS OF APRIL FIRST, TWO THOUSAND TWENTY-ONE;
   (B)  OPERATE  A  BUSINESS LOCATION IN NEW YORK STATE THAT IS PRIMARILY
 ORGANIZED TO ACCEPT PAYMENT FOR MEALS AND/OR  BEVERAGES  INCLUDING  FROM
 IN-PERSON CUSTOMERS;
   (C)  OPERATE  PREDOMINANTLY  IN  THE  COVID-19  IMPACTED FOOD SERVICES
 SECTOR; PROVIDED, HOWEVER,  THAT  THE  DEPARTMENT,  IN  ITS  REGULATIONS
 PROMULGATED  PURSUANT  TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST
 CERTAIN TYPES OF ESTABLISHMENTS AS INELIGIBLE;
   (D) HAVE EXPERIENCED ECONOMIC HARM AS A RESULT OF THE  COVID-19  EMER-
 GENCY  AS EVIDENCED BY A YEAR-TO-YEAR DECREASE OF AT LEAST FORTY PERCENT
 IN NEW YORK STATE BETWEEN THE SECOND QUARTER OF  TWO  THOUSAND  NINETEEN
 AND  THE  SECOND  QUARTER OF TWO THOUSAND TWENTY OR THE THIRD QUARTER OF
 TWO THOUSAND NINETEEN AND THE THIRD QUARTER OF TWO THOUSAND  TWENTY  FOR
 ONE OR BOTH OF: (I) GROSS RECEIPTS OR (II) AVERAGE FULL-TIME EMPLOYMENT;
 AND
   (E) HAVE DEMONSTRATED A NET EMPLOYEE INCREASE.
   2. A BUSINESS ENTITY MUST BE IN SUBSTANTIAL COMPLIANCE WITH ANY PUBLIC
 HEALTH  OR OTHER EMERGENCY ORDERS OR REGULATIONS RELATED TO THE ENTITY'S
 SECTOR OR OTHER LAWS AND REGULATIONS AS DETERMINED BY THE  COMMISSIONER.
 IN ADDITION, A BUSINESS ENTITY MAY NOT OWE PAST DUE STATE TAXES OR LOCAL
 PROPERTY TAXES UNLESS THE BUSINESS ENTITY IS MAKING PAYMENTS AND COMPLY-
 ING  WITH  AN  APPROVED  BINDING PAYMENT AGREEMENT ENTERED INTO WITH THE
 TAXING AUTHORITY.
   § 474. APPLICATION AND APPROVAL PROCESS. 1.  A  BUSINESS  ENTITY  MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH PROCEDURES AND A TIMEFRAME FOR
 BUSINESS ENTITIES TO SUBMIT APPLICATIONS. AS PART  OF  THE  APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A)  PROVIDE  EVIDENCE  IN A FORM AND MANNER PRESCRIBED BY THE COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS ENTITY'S TAX INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY

 S. 2508                            131                           A. 3008
 
 INFORMATION  SHARED  AS  A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE
 FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE;
   (E) CERTIFY, UNDER PENALTY OF  PERJURY,  THAT  IT  IS  IN  SUBSTANTIAL
 COMPLIANCE  WITH  ALL  EMERGENCY  ORDERS  OR  PUBLIC  HEALTH REGULATIONS
 CURRENTLY REQUIRED OF SUCH ENTITY, AND LOCAL, AND STATE TAX LAWS; AND
   (F) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX
 CREDIT IN THE TAXABLE YEAR  THAT  INCLUDES  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND TWENTY-ONE.
   §  475.  RESTAURANT RETURN-TO-WORK TAX CREDIT. 1. A BUSINESS ENTITY IN
 THE RESTAURANT RETURN-TO-WORK TAX CREDIT PROGRAM THAT MEETS  THE  ELIGI-
 BILITY  REQUIREMENTS OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTI-
 CLE MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO FIVE THOUSAND DOLLARS PER
 EACH FULL-TIME EQUIVALENT NET EMPLOYEE INCREASE AS DEFINED  IN  SUBDIVI-
 SION EIGHT OF SECTION FOUR HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   2.  A  BUSINESS  ENTITY,  INCLUDING  A  PARTNERSHIP, LIMITED LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF FIFTY
 THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   3. THE CREDIT SHALL BE ALLOWED  AS  PROVIDED  IN  SECTIONS  FORTY-SIX,
 SUBDIVISION  FIFTY-SIX OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (LLL)
 OF SECTION SIX HUNDRED SIX OF THE TAX LAW.
   § 476. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER  MAY
 PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND ELIGIBIL-
 ITY  CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES OF THIS
 ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET FORTH  IN
 SECTION FOUR HUNDRED SEVENTY-NINE OF THIS ARTICLE WHICH, NOTWITHSTANDING
 ANY  PROVISIONS  TO  THE  CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2. THE COMMISSIONER SHALL, IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 TAXATION  AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
 ISSUED BY THE COMMISSIONER  TO  ELIGIBLE  BUSINESSES.  SUCH  CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3.  THE  COMMISSIONER  SHALL  SOLELY  DETERMINE THE ELIGIBILITY OF ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET FORTH IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS ARTICLE, OR  FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED SEVENTY-FOUR OF THIS ARTICLE.
   §  477.  MAINTENANCE OF RECORDS. EACH BUSINESS ENTITY PARTICIPATING IN
 THE PROGRAM SHALL KEEP  ALL  RELEVANT  RECORDS  FOR  THEIR  DURATION  OF
 PROGRAM PARTICIPATION FOR AT LEAST THREE YEARS.
   §  478.  REPORTING. EACH BUSINESS ENTITY PARTICIPATING IN THIS PROGRAM
 MUST SUBMIT A PERFORMANCE REPORT TO THE DEPARTMENT AT A TIME  PRESCRIBED
 IN REGULATIONS BY THE COMMISSIONER.

 S. 2508                            132                           A. 3008
 
   §  479.  CAP  ON TAX CREDIT. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON
 CERTIFICATES OF TAX CREDIT ISSUED BY THE COMMISSIONER PURSUANT  TO  THIS
 ARTICLE MAY NOT EXCEED FIFTY MILLION DOLLARS.
   §  2.  The  tax  law  is amended by adding a new section 46 to read as
 follows:
   § 46. RESTAURANT RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAP-
 TER SHALL BE  ALLOWED  A  CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE
 PROVISIONS  REFERENCED IN SUBDIVISION (F) OF THIS SECTION. THE AMOUNT OF
 THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT  TO  SECTION  FOUR
 HUNDRED SEVENTY-FIVE OF THE ECONOMIC DEVELOPMENT LAW. NO COST OR EXPENSE
 PAID OR INCURRED BY THE TAXPAYER WHICH IS INCLUDED AS PART OF THE CALCU-
 LATION OF THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED
 UNDER THIS CHAPTER.
   (B)  ELIGIBILITY. TO BE ELIGIBLE FOR THE RESTAURANT RETURN-TO-WORK TAX
 CREDIT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE OF TAX  CREDIT
 BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC DEVELOPMENT LAW, WHICH
 CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE CLAIMED
 FOR  THE  TAXABLE  YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM ONLY THE
 AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR.  A
 TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL-
 ITY  COMPANY  OR  SHAREHOLDER  IN  A  SUBCHAPTER  S CORPORATION THAT HAS
 RECEIVED A CERTIFICATE OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE
 OF THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR
 SUBCHAPTER S CORPORATION.
   (C) TAX RETURN REQUIREMENT AND ADVANCE PAYMENT OPTION. (1) THE TAXPAY-
 ER  SHALL BE REQUIRED TO ATTACH TO ITS TAX RETURN IN THE FORM PRESCRIBED
 BY THE COMMISSIONER, PROOF OF RECEIPT OF ITS CERTIFICATE OF  TAX  CREDIT
 ISSUED BY THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (2)  TAXPAYERS  WHO  CHOOSE  TO  USE AUGUST THIRTY-FIRST, TWO THOUSAND
 TWENTY-ONE AS THE LAST DATE TO CALCULATE THEIR AVERAGE ENDING  FULL-TIME
 EMPLOYMENT AND HAVE RECEIVED THEIR CERTIFICATE OF TAX CREDIT BY NOVEMBER
 FIFTEENTH,  TWO  THOUSAND TWENTY-ONE SHALL HAVE THE OPTION TO REQUEST AN
 ADVANCE PAYMENT OF THE AMOUNT OF TAX CREDIT THEY ARE ALLOWED UNDER  THIS
 SECTION.  A  TAXPAYER  MUST SUBMIT SUCH REQUEST TO THE DEPARTMENT IN THE
 MANNER PRESCRIBED BY THE COMMISSIONER AFTER IT HAS BEEN ISSUED A CERTIF-
 ICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  PURSUANT
 TO  SUBDIVISION TWO OF SECTION FOUR HUNDRED SEVENTY-FOUR OF THE ECONOMIC
 DEVELOPMENT LAW (OR SUCH CERTIFICATE HAS BEEN ISSUED TO  A  PARTNERSHIP,
 LIMITED  LIABILITY  COMPANY OR SUBCHAPTER S CORPORATION IN WHICH IT IS A
 PARTNER, MEMBER OR SHAREHOLDER, RESPECTIVELY), BUT SUCH REQUEST MUST  BE
 SUBMITTED NO LATER THAN NOVEMBER FIFTEENTH, TWO THOUSAND TWENTY-ONE. FOR
 THOSE  TAXPAYERS  WHO HAVE REQUESTED AN ADVANCE PAYMENT AND FOR WHOM THE
 COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS CREDIT,  THE  COMMISSIONER
 SHALL  ADVANCE  A  PAYMENT  OF  THE  TAX CREDIT ALLOWED TO THE TAXPAYER.
 HOWEVER, IN THE CASE OF A TAXPAYER SUBJECT TO  ARTICLE  NINE-A  OF  THIS
 CHAPTER,  SUCH PAYMENT SHALL BE EQUAL TO THE AMOUNT OF CREDIT ALLOWED TO
 THE TAXPAYER LESS TWENTY-FIVE DOLLARS.  SUCH TWENTY-FIVE  DOLLARS  SHALL
 REPRESENT  A  PARTIAL  PAYMENT OF TAX OWED BY THE TAXPAYER UNDER ARTICLE
 NINE-A, INCLUDING ANY FIXED DOLLAR MINIMUM OWED UNDER PARAGRAPH  (D)  OF
 SUBDIVISION  ONE  OF  SECTION  TWO  HUNDRED  TEN OF THIS CHAPTER. WHEN A
 TAXPAYER FILES ITS RETURN FOR THE  TAXABLE  YEAR,  SUCH  TAXPAYER  SHALL
 PROPERLY  RECONCILE THE ADVANCE PAYMENT AND ANY PARTIAL PAYMENT OF FIXED
 DOLLAR MINIMUM TAX, IF APPLICABLE, ON THE TAXPAYER'S RETURN.

 S. 2508                            133                           A. 3008
 
   (D) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER, EMPLOYEES OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (1)  INFORMATION  DERIVED FROM TAX RETURNS OR REPORTS THAT IS RELEVANT
 TO A TAXPAYER'S ELIGIBILITY TO PARTICIPATE IN THE RESTAURANT  RETURN-TO-
 WORK TAX CREDIT PROGRAM;
   (2)  INFORMATION  REGARDING THE CREDIT APPLIED FOR, ALLOWED OR CLAIMED
 PURSUANT TO THIS SECTION AND TAXPAYERS THAT ARE APPLYING FOR THE  CREDIT
 OR THAT ARE CLAIMING THE CREDIT; AND
   (3)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE DEPARTMENT AND  APPLICATIONS  FOR  ADMISSION  INTO  THE
 RESTAURANT  RETURN-TO-WORK  TAX  CREDIT  PROGRAM.  EXCEPT AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBDIVISION, ALL INFORMATION EXCHANGED BETWEEN THE
 DEPARTMENT OF ECONOMIC DEVELOPMENT  AND  THE  DEPARTMENT  SHALL  NOT  BE
 SUBJECT  TO DISCLOSURE OR INSPECTION UNDER THE STATE'S FREEDOM OF INFOR-
 MATION LAW.
   (E) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER  ARTICLE TWENTY-FIVE OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (F)  CROSS  REFERENCES.  FOR APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 56;
   (2) ARTICLE 22: SECTION 606, SUBSECTION (LLL).
   § 3. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 56 to read as follows:
   56.  RESTAURANT  RETURN-TO-WORK TAX CREDIT. (A) ALLOWANCE OF CREDIT. A
 TAXPAYER SHALL BE ALLOWED A  CREDIT,  TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION  FORTY-SIX  OF  THIS  CHAPTER, AGAINST THE TAXES IMPOSED BY THIS
 ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  TEN  OF THIS ARTICLE.   HOWEVER, IF THE AMOUNT OF
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR  REDUCES  THE
 TAX  TO  SUCH  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE  CRED-
 ITED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU-
 SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   § 4. Section 606 of the tax law is amended by adding a new  subsection
 (lll) to read as follows:
   (LLL)  RESTAURANT  RETURN-TO-WORK TAX CREDIT. (1) ALLOWANCE OF CREDIT.
 A TAXPAYER SHALL BE ALLOWED A CREDIT, TO  BE  COMPUTED  AS  PROVIDED  IN
 SECTION FORTY-SIX OF THIS CHAPTER, AGAINST THE TAX IMPOSED BY THIS ARTI-
 CLE.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX  HUNDRED
 EIGHTY-SIX  OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
 PAID THEREON.

 S. 2508                            134                           A. 3008
 
   § 5. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended by adding a new clause (xlvii) to read as
 follows:
 (XLVII) RESTAURANT RETURN-TO-WORK    AMOUNT OF CREDIT UNDER
 TAX CREDIT                           SUBDIVISION FIFTY-SIX OF
                                      SECTION TWO HUNDRED TEN-B
   § 6. This act shall take effect immediately.
 
                                 SUBPART C

   Section 1. The tax law is amended by adding a new section 24-c to read
 as follows:
   §  24-C.  NEW  YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT.
 (A) (1) ALLOWANCE OF CREDIT. A TAXPAYER THAT IS  A  QUALIFIED  NEW  YORK
 CITY  MUSICAL AND THEATRICAL PRODUCTION COMPANY, OR IS A SOLE PROPRIETOR
 OF OR A MEMBER OF A PARTNERSHIP  THAT  IS  A  QUALIFIED  NEW  YORK  CITY
 MUSICAL  AND  THEATRICAL  PRODUCTION COMPANY, AND THAT IS SUBJECT TO TAX
 UNDER ARTICLE NINE-A OR TWENTY-TWO OF THIS CHAPTER, SHALL BE  ALLOWED  A
 CREDIT  AGAINST  SUCH  TAX,  PURSUANT  TO  THE PROVISIONS REFERRED TO IN
 SUBDIVISION (D) OF THIS SECTION, AND TO BE COMPUTED AS PROVIDED IN  THIS
 SECTION.
   (2)  THE  AMOUNT OF THE CREDIT SHALL BE THE PRODUCT (OR PRO RATA SHARE
 OF THE PRODUCT, IN THE CASE OF A MEMBER OF A PARTNERSHIP) OF TWENTY-FIVE
 PERCENT AND THE SUM OF THE QUALIFIED PRODUCTION  EXPENDITURES  PAID  FOR
 DURING  THE  QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION'S
 CREDIT PERIOD. PROVIDED HOWEVER THAT THE AMOUNT  OF  THE  CREDIT  CANNOT
 EXCEED FIVE HUNDRED THOUSAND DOLLARS PER QUALIFIED NEW YORK CITY MUSICAL
 AND THEATRICAL PRODUCTION COMPANY.
   (3)  NO QUALIFIED PRODUCTION EXPENDITURES USED BY A TAXPAYER EITHER AS
 THE BASIS FOR THE ALLOWANCE OF THE  CREDIT  PROVIDED  PURSUANT  TO  THIS
 SECTION  OR  USED  IN THE CALCULATION OF THE CREDIT PROVIDED PURSUANT TO
 THIS SECTION SHALL BE USED BY SUCH TAXPAYER TO CLAIM  ANY  OTHER  CREDIT
 ALLOWED PURSUANT TO THIS CHAPTER.
   (B)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (1) "QUALIFIED MUSICAL AND THEATRICAL PRODUCTION" MEANS  A  FOR-PROFIT
 LIVE,  DRAMATIC  STAGE  PRESENTATION  THAT,  IN ITS ORIGINAL OR ADAPTIVE
 VERSION, IS PERFORMED IN A QUALIFIED NEW YORK CITY PRODUCTION  FACILITY,
 WHETHER  OR  NOT  SUCH  PRODUCTION WAS PERFORMED IN A QUALIFIED NEW YORK
 CITY PRODUCTION FACILITY PRIOR TO MARCH TWELFTH, TWO THOUSAND TWENTY.
   (2) "QUALIFIED PRODUCTION EXPENDITURE" MEANS ANY  COSTS  FOR  TANGIBLE
 PROPERTY  USED  AND SERVICES PERFORMED DIRECTLY AND PREDOMINANTLY IN THE
 PRODUCTION OF A QUALIFIED MUSICAL AND THEATRICAL PRODUCTION  WITHIN  THE
 CITY  OF  NEW YORK, INCLUDING: (I) EXPENDITURES FOR DESIGN, CONSTRUCTION
 AND OPERATION, INCLUDING SETS, SPECIAL  AND  VISUAL  EFFECTS,  COSTUMES,
 WARDROBES,  MAKE-UP, ACCESSORIES AND COSTS ASSOCIATED WITH SOUND, LIGHT-
 ING, AND STAGING; (II) ALL SALARIES, WAGES, FEES, AND OTHER COMPENSATION
 INCLUDING RELATED BENEFITS FOR SERVICES PERFORMED  OF  WHICH  THE  TOTAL
 ALLOWABLE  EXPENSE  SHALL  NOT  EXCEED  TWO HUNDRED THOUSAND DOLLARS PER
 WEEK; AND (III) TECHNICAL AND CREW PRODUCTION COSTS,  SUCH  AS  EXPENDI-
 TURES  FOR  A  QUALIFIED  NEW YORK CITY PRODUCTION FACILITY, OR ANY PART
 THEREOF, PROPS, MAKE-UP, WARDROBE, COSTUMES, EQUIPMENT USED FOR  SPECIAL
 AND  VISUAL  EFFECTS,  SOUND  RECORDING, SET CONSTRUCTION, AND LIGHTING.
 QUALIFIED PRODUCTION EXPENDITURE DOES NOT  INCLUDE  ANY  COSTS  INCURRED
 PRIOR TO MARCH THIRTEENTH, TWO THOUSAND TWENTY.

 S. 2508                            135                           A. 3008
 
   (3)  "QUALIFIED  NEW  YORK  CITY PRODUCTION FACILITY" MEANS A FACILITY
 LOCATED WITHIN THE CITY  OF  NEW  YORK  (I)  IN  WHICH  LIVE  THEATRICAL
 PRODUCTIONS  ARE  OR  ARE  INTENDED TO BE PRIMARILY PRESENTED, (II) THAT
 CONTAINS AT LEAST ONE STAGE, A SEATING CAPACITY OF FIVE HUNDRED OR  MORE
 SEATS,  AND DRESSING ROOMS, STORAGE AREAS, AND OTHER ANCILLARY AMENITIES
 NECESSARY FOR THE QUALIFIED MUSICAL AND THEATRICAL PRODUCTION, AND (III)
 FOR WHICH RECEIPTS ATTRIBUTABLE TO TICKET SALES CONSTITUTE  SEVENTY-FIVE
 PERCENT OR MORE OF GROSS RECEIPTS OF THE FACILITY.
   (4)  "QUALIFIED NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION COMPA-
 NY" IS A CORPORATION, PARTNERSHIP, LIMITED PARTNERSHIP, OR OTHER  ENTITY
 OR  INDIVIDUAL WHICH OR WHO (I) IS PRINCIPALLY ENGAGED IN THE PRODUCTION
 OF A QUALIFIED MUSICAL OR THEATRICAL PRODUCTION THAT IS TO BE  PERFORMED
 IN  A QUALIFIED NEW YORK CITY PRODUCTION FACILITY, AND (II) HAS EXPENDED
 AT LEAST ONE MILLION DOLLARS IN QUALIFIED PRODUCTION EXPENDITURES ON THE
 QUALIFIED MUSICAL AND THEATRICAL PRODUCTION AT THE TIME OF ITS  APPLICA-
 TION  TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A TAX CREDIT CERTIF-
 ICATE AUTHORIZED UNDER THIS SECTION.
   (5) (I) "THE CREDIT PERIOD OF A QUALIFIED NEW YORK  CITY  MUSICAL  AND
 THEATRICAL  PRODUCTION COMPANY" IS THE PERIOD STARTING ON THE PRODUCTION
 START DATE AND ENDING ON THE EARLIER OF DECEMBER THIRTY-FIRST, TWO THOU-
 SAND TWENTY-ONE  OR  THE  DATE  THE  QUALIFIED  MUSICAL  AND  THEATRICAL
 PRODUCTION CLOSES.
   (II)  "THE  PRODUCTION START DATE" IS THE DATE THAT IS SIX WEEKS PRIOR
 TO THE  FIRST  PERFORMANCE  OF  THE  QUALIFIED  MUSICAL  AND  THEATRICAL
 PRODUCTION.
   (C)  THE  CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE BUT BEFORE  JANUARY  FIRST,
 TWO THOUSAND TWENTY-TWO.
   (D)  CROSS-REFERENCES.  FOR  APPLICATION OF THE CREDIT PROVIDED FOR IN
 THIS SECTION, SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B: SUBDIVISION 57;
   (2) ARTICLE 22: SECTION 606: SUBSECTION (MMM).
   (E) NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, (I)  EMPLOYEES  AND
 OFFICERS  OF  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE DEPARTMENT
 SHALL BE ALLOWED AND ARE DIRECTED  TO  SHARE  AND  EXCHANGE  INFORMATION
 REGARDING  THE CREDITS APPLIED FOR, ALLOWED, OR CLAIMED PURSUANT TO THIS
 SECTION AND TAXPAYERS WHO ARE APPLYING FOR CREDITS OR WHO  ARE  CLAIMING
 CREDITS, INCLUDING INFORMATION CONTAINED IN OR DERIVED FROM CREDIT CLAIM
 FORMS  SUBMITTED  TO  THE  DEPARTMENT AND APPLICATIONS FOR CERTIFICATION
 SUBMITTED TO THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,  AND  (II)  THE
 COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOP-
 MENT  MAY RELEASE THE NAMES AND ADDRESSES OF ANY QUALIFIED NEW YORK CITY
 MUSICAL AND THEATRICAL PRODUCTION COMPANY ENTITLED TO CLAIM THIS  CREDIT
 AND THE AMOUNT OF THE CREDIT EARNED BY SUCH COMPANY.
   (F) MAXIMUM AMOUNT OF CREDITS. (1) THE AGGREGATE AMOUNT OF TAX CREDITS
 ALLOWED  UNDER  THIS  SECTION,  SUBDIVISION  FIFTY-SEVEN  OF SECTION TWO
 HUNDRED TEN-B AND SUBSECTION (MMM) OF SECTION SIX HUNDRED  SIX  OF  THIS
 CHAPTER  SHALL BE TWENTY-FIVE MILLION DOLLARS.  SUCH AGGREGATE AMOUNT OF
 CREDITS SHALL BE ALLOCATED BY THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT
 AMONG  TAXPAYERS  IN  ORDER OF PRIORITY BASED UPON THE DATE OF FILING AN
 APPLICATION FOR ALLOCATION OF THE NEW YORK CITY MUSICAL  AND  THEATRICAL
 PRODUCTION TAX CREDIT WITH SUCH DEPARTMENT.
   (2)  THE  COMMISSIONER  OF ECONOMIC DEVELOPMENT, AFTER CONSULTING WITH
 THE COMMISSIONER, SHALL PROMULGATE REGULATIONS TO  ESTABLISH  PROCEDURES
 FOR  THE  ALLOCATION  OF  TAX  CREDITS AS REQUIRED BY THIS SECTION. SUCH
 RULES AND REGULATIONS SHALL INCLUDE PROVISIONS DESCRIBING  THE  APPLICA-

 S. 2508                            136                           A. 3008
 
 TION  PROCESS,  THE  DUE DATES FOR SUCH APPLICATIONS, THE STANDARDS THAT
 WILL BE USED TO EVALUATE THE APPLICATIONS, THE DOCUMENTATION  THAT  WILL
 BE  PROVIDED  BY APPLICANTS TO SUBSTANTIATE TO THE DEPARTMENT THE AMOUNT
 OF  QUALIFIED PRODUCTION EXPENDITURES OF SUCH APPLICANTS, AND SUCH OTHER
 PROVISIONS AS DEEMED  NECESSARY  AND  APPROPRIATE.  NOTWITHSTANDING  ANY
 OTHER  PROVISIONS  TO THE CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE
 ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED ON AN EMERGENCY BASIS.
   (G) ANY QUALIFIED NEW YORK  CITY  MUSICAL  AND  THEATRICAL  PRODUCTION
 COMPANY  THAT  PERFORMS IN A QUALIFIED NEW YORK CITY PRODUCTION FACILITY
 AND APPLIES TO RECEIVE A CREDIT UNDER THIS SECTION SHALL BE REQUIRED TO:
 (1) PARTICIPATE IN A NEW YORK STATE  DIVERSITY  AND  ARTS  JOB  TRAINING
 PROGRAM; (2) CREATE AND IMPLEMENT A PLAN TO ENSURE THAT THEIR PRODUCTION
 IS  AVAILABLE  AND ACCESSIBLE FOR LOW-OR NO-COST TO LOW INCOME NEW YORK-
 ERS; AND (3) CONTRIBUTE TO THE NEW  YORK  STATE  COUNCIL  ON  THE  ARTS,
 CULTURAL PROGRAM FUND AN AMOUNT UP TO FIFTY PERCENT OF THE TOTAL CREDITS
 RECEIVED  IF  SUCH  PRODUCTION COMPANY EARNS REVENUE PROSPECTIVELY AFTER
 RECEIPT OF THE CREDIT THAT IS AT LEAST EQUAL TO TWO HUNDRED  PERCENT  OF
 ITS  PRODUCTION COSTS, WITH SUCH AMOUNT PAYABLE FROM TWENTY-FIVE PERCENT
 OF NET OPERATING PROFITS, SUCH AMOUNTS PAYABLE ON A  MONTHLY  BASIS,  UP
 UNTIL  SUCH  FIFTY  PERCENT  OF  THE TOTAL CREDIT AMOUNT IS REACHED. ANY
 FUNDS DEPOSITED PURSUANT TO THIS SUBDIVISION SHALL BE USED FOR ARTS  AND
 CULTURAL  EDUCATIONAL  AND  WORKFORCE DEVELOPMENT PROGRAMS IN-SCHOOL AND
 COMMUNITY-BASED ORGANIZATIONS.
   § 2. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 57 to read as follows:
   57.  NEW  YORK  CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (A)
 ALLOWANCE OF CREDIT. A  TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  TO  BE
 COMPUTED  AS  PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST
 THE TAXES IMPOSED BY THIS ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  TEN  OF THIS ARTICLE.   HOWEVER, IF THE AMOUNT OF
 CREDIT ALLOWED UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR  REDUCES  THE
 TAX  TO  SUCH  AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE
 FIXED DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN
 SUCH TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE  CRED-
 ITED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOU-
 SAND EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST SHALL BE PAID THEREON.
   § 3. Section 606 of the tax law is amended by adding a new  subsection
 (mmm) to read as follows:
   (MMM)  NEW YORK CITY MUSICAL AND THEATRICAL PRODUCTION TAX CREDIT. (1)
 ALLOWANCE OF CREDIT. A  TAXPAYER  SHALL  BE  ALLOWED  A  CREDIT,  TO  BE
 COMPUTED  AS  PROVIDED IN SECTION TWENTY-FOUR-C OF THIS CHAPTER, AGAINST
 THE TAX IMPOSED BY THIS ARTICLE.
   (2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED  OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
 EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE
 PAID THEREON.
   § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is amended by adding a new clause (xlviii) to read as
 follows:

 S. 2508                            137                           A. 3008
 
 (XLVIII) NEW YORK CITY MUSICAL       AMOUNT OF CREDIT UNDER
 AND THEATRICAL PRODUCTION            SUBDIVISION FIFTY-SEVEN OF
 TAX CREDIT                           SECTION TWO HUNDRED TEN-B
   § 5. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II.  NEW YORK STATE ARTS AND CULTURAL PROGRAMS FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE  STATE  COMPTROLLER  AND
 COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "NEW YORK STATE ARTS AND CULTURAL PROGRAM FUND".
   2. SUCH FUND SHALL CONSIST OF ALL  REVENUES  RECEIVED  BY  THE  STATE,
 PURSUANT  TO  THE PROVISIONS OF SECTION TWENTY-FOUR-C OF THE TAX LAW AND
 ALL OTHER MONEYS APPROPRIATED THERETO FROM  ANY  OTHER  FUND  OR  SOURCE
 PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
 STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES  OF  THE
 FUND  AS  DEFINED  IN  THIS  SECTION  AND  DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3. ON OR BEFORE THE FIRST DAY OF FEBRUARY  TWO  THOUSAND  TWENTY-FOUR,
 THE  COMMISSIONER  OF  EDUCATION  SHALL  PROVIDE A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 CHAIR  OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE  ON  HEALTH,  THE
 CHAIR  OF  THE  ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE
 PUBLIC. SUCH REPORT SHALL INCLUDE  HOW  THE  MONIES  OF  THE  FUND  WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE:
   (A)  THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
 USED FOR SUCH DISBURSEMENTS;
   (B) RECIPIENTS OF AWARDS FROM THE FUND;
   (C) THE AMOUNT AWARDED TO EACH;
   (D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (E) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF EDUCATION.
   5.  THE  MONEYS  IN  SUCH  FUND  SHALL  BE EXPENDED FOR THE PURPOSE OF
 SUPPLEMENTING ART AND CULTURAL PROGRAMS  FOR  SECONDARY  AND  ELEMENTARY
 CHILDREN,  INCLUDING  PROGRAMS  THAT INCREASE ACCESS TO ART AND CULTURAL
 PROGRAMS AND EVENTS FOR CHILDREN IN UNDERSERVED COMMUNITIES.
   § 6. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,

 S. 2508                            138                           A. 3008
 
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through TT of this act shall be
 as specifically set forth in the last section of such Parts.

A3008A - Details

See Senate Version of this Bill:: S2508
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

A3008A - Summary

A3008A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2508--A                                            A. 3008--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2021
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the vehicle and traffic law and the general business
   law, in relation to penalties for commercial vehicles on parkways  and
   penalties  for  overheight  vehicles  and to preventing bridge strikes
   (Part A); to amend the penal law and the vehicle and traffic  law,  in
   relation  to  transportation  worker  safety (Subpart A); to amend the
   vehicle and traffic law and the highway law, in  relation  to  highway
   clearance  (Subpart  B);  to  amend  the  vehicle  and traffic law, in
   relation to increased fines for injury to pedestrians (Subpart C); and
   to amend the vehicle and traffic law, in relation to work zone  safety
   and  outreach  (Subpart  D)  (Part B); to amend the public authorities
   law, in relation to electronic bidding (Part C); to amend  the  public
   authorities  law,  in relation to the minimum amount for a procurement
   contract (Part D); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   E);  to  amend the public authorities law, in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  F);  to  amend  the public authorities law, in relation to

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12573-02-1

 S. 2508--A                          2                         A. 3008--A
 
   metropolitan transportation authority  capital  projects  and  utility
   relocations (Part G); to amend the public authorities law, in relation
   to  the use and occupancy of streets for transportation projects (Part
   H);  to  amend  the  penal law, in relation to assaulting or harassing
   certain employees of a transit agency or authority (Part I); to  amend
   chapter  393  of  the  laws  of 1994 amending the New York state urban
   development corporation act relating to the powers  of  the  New  York
   state  urban  development  corporation  to  make loans, in relation to
   extending loan powers (Part J); to amend the urban development  corpo-
   ration  act,  in  relation  to extending the authority of the New York
   state urban development corporation to  administer  the  empire  state
   economic  development  fund  (Part  K); to amend the multiple dwelling
   law, in relation to temporary  rules  for  certain  multiple  dwelling
   units used as joint living-work quarters; and providing for the repeal
   of  such provisions upon expiration thereof (Part L); to amend section
   3 of part S of chapter 58 of the laws  of  2016,  relating  to  trans-
   ferring  the  statutory  authority  for  the promulgation of marketing
   orders from the department of agriculture and markets to the New  York
   state  urban development corporation, in relation to the effectiveness
   thereof (Part M); to amend chapter 21 of the laws  of  2003,  amending
   the  executive  law  relating  to permitting the secretary of state to
   provide special handling for all documents  filed  or  issued  by  the
   division of corporations and to permit additional levels of such expe-
   dited  service,  in relation to the effectiveness thereof (Part N); to
   amend the business corporation law, the general associations law,  the
   limited liability company law, the not-for-profit corporation law, the
   partnership  law  and the real property law, in relation to service of
   process (Part O); to amend the executive law, in relation to authoriz-
   ing remote notarization (Part P); to amend the environmental conserva-
   tion law, the executive law, and the public service law,  in  relation
   to  making  technical  amendments  related  to the office of renewable
   energy siting (Part Q); in relation  to  the  eligibility  of  certain
   renewable  energy credits for purposes of compliance with local build-
   ing emissions requirements; and  providing  for  the  repeal  of  such
   provisions  upon  the expiration thereof (Part R); to amend the public
   authorities law, in relation to powers  of  the  New  York  convention
   center  operating corporation (Part S); to amend part B of chapter 173
   of the laws of 2013 relating to the issuance of  securitized  restruc-
   turing  bonds  to  refinance  the  outstanding debt of the Long Island
   power authority,  in  relation  to  the  utility  debt  securitization
   authority;  and  in relation to permitting the issuance of securitized
   restructuring bonds to finance system resiliency costs  (Part  T);  to
   amend  the  economic development law, in relation to recharge New York
   power for eligible small businesses  and  not-for-profit  corporations
   (Part  U);  to amend the insurance law, the public authorities law and
   the tax law, in relation to authorizing the  power  authority  of  the
   state  of  New York to form a pure captive insurance company (Part V);
   to authorize the energy research and development authority to  finance
   a  portion  of its research, development and demonstration, policy and
   planning, and Fuel NY program,  as  well  as  climate  change  related
   expenses  of  the  department  of  environmental  conservation and the
   department of agriculture  and  markets'  Fuel  NY  program,  from  an
   assessment  on  gas  and  electric corporations (Part W); to amend the
   environmental conservation law and the state finance law, in  relation
   to  hunting;  and  to  repeal  certain provisions of the environmental
   conservation law relating thereto (Part X); to amend the environmental

 S. 2508--A                          3                         A. 3008--A
 
   conservation law, in relation to  prohibiting  plastic  carryout  bags
   (Part Y); to authorize the county of Nassau, to permanently and tempo-
   rarily  convey  certain  easements and to temporarily alienate certain
   parklands  (Subpart  A);  to  authorize  the village of East Rockaway,
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to temporarily alienate certain parklands (Subpart B); and
   to authorize the village of Rockville Centre,  county  of  Nassau,  to
   permanently  and temporarily convey certain easements and to temporar-
   ily alienate certain parklands (Subpart C) (Part Z); to amend the  tax
   law,  in  relation to extending certain brownfield credit periods that
   expire on or after 3/20/20 and before 12/31/21  for  two  years  (Part
   AA);  to  authorize  the  grant  of certain easements to AlleCatt Wind
   Energy LLC on a proportion of real property  within  the  Farmersville
   State Forest, Swift Hill State Forest, and Lost Nation State Forest in
   the  county  of  Allegany;  and  providing  for  the  repeal  of  such
   provisions upon the expiration thereof (Part BB); to amend chapter  58
   of  the  laws  of 2013 amending the environmental conservation law and
   the state finance law relating to the  "Cleaner,  Greener  NY  Act  of
   2013", in relation to the effectiveness thereof (Part CC); in relation
   to  establishing the "rail advantaged housing act" (Part DD); to amend
   the public authorities law, in relation to the clean energy  resources
   development  and incentives program (Part EE); to amend chapter 166 of
   the laws of 1991, amending the tax law  and  other  laws  relating  to
   taxes,  in  relation to extending the expiration of certain provisions
   of such chapter; and to amend the vehicle and traffic law, in relation
   to extending the expiration of  the  mandatory  surcharge  and  victim
   assistance  fee  (Part  FF);  to amend the vehicle and traffic law, in
   relation to requiring persons to use one hand while operating a  motor
   vehicle,  unless such vehicle is engaged to perform steering function;
   and to amend part FF of chapter 55 of the laws  of  2017  relating  to
   motor   vehicles  equipped  with  autonomous  vehicle  technology,  in
   relation to the required submission of a report on the  demonstrations
   and tests of motor vehicles equipped with autonomous vehicle technolo-
   gy;  and  in relation to the effectiveness thereof (Part GG); to amend
   the vehicle and traffic law and the state finance law, in relation  to
   temporarily  requiring  the  department of motor vehicles to collect a
   one dollar convenience fee for modernization of information technology
   used  by  the  department;  and  providing  for  the  repeal  of  such
   provisions  upon  expiration thereof (Part HH); to amend chapter 58 of
   the laws of 2012, amending the public health law, relating to  author-
   izing  the  dormitory  authority  to  enter  into  certain  design and
   construction management agreements, in relation to  the  effectiveness
   thereof  (Part  II);  to amend the insurance law, in relation to unau-
   thorized providers of health services; and  to  authorize  the  super-
   intendent  of  financial services to convene a motor vehicle insurance
   task force to examine alternatives to the  no-fault  insurance  system
   and deliver a report relating thereto (Part JJ); to repeal section 410
   of  the  economic development law; and to amend the public authorities
   law, in relation to authorizing the department of economic development
   to designate centers for advanced technology  program  (Part  KK);  to
   amend  the  banking law, in relation to the forbearance of residential
   mortgage payments  (Part  LL);  establishing  the  COVID-19  emergency
   eviction  and foreclosure prevention for tenants and owners of commer-
   cial real property act of  2021;  relating  to  a  temporary  stay  of
   eviction  proceedings  of  commercial  tenants;  and providing for the
   repeal of certain provisions upon expiration thereof (Subpart A);  and

 S. 2508--A                          4                         A. 3008--A
 
   relating  to  a temporary stay of mortgage foreclosure proceedings for
   commercial or multi-family real property; and providing for the repeal
   of certain provisions upon expiration thereof (Subpart B)(Part MM); to
   amend subpart H of part C of chapter 20 of the laws of 2015, appropri-
   ating  money  for certain municipal corporations and school districts,
   in relation to funding to local government  entities  from  the  urban
   development corporation (Part NN); to amend chapter 108 of the laws of
   2020, amending the public service law relating to issuing a moratorium
   on  utility termination of services during periods of pandemics and/or
   state of emergencies, in relation to making such provisions permanent;
   to amend the public service law, the public authorities  law  and  the
   general  business  law, in relation to issuing a moratorium on utility
   termination of services; and  providing  for  the  repeal  of  certain
   provisions  of  the  public service law relating thereto (Part OO); to
   amend the general obligations law, in relation to  the  discontinuance
   of  the  London interbank offered rate (Part PP); to amend the general
   business law, in relation to broadband service for low-income  consum-
   ers  (Part  QQ);  to  amend the public authorities law, in relation to
   authorizing the dormitory authority of the state of New York to  enter
   into certain loans (Part RR); to amend the New York state medical care
   facilities  finance  agency  act,  in relation to the ability to issue
   certain bonds and notes (Part SS); to amend the  economic  development
   law  and  the  tax law, in relation to establishing the small business
   return-to-work tax credit program (Subpart A); to amend  the  economic
   development  law  and  the  tax  law,  in relation to establishing the
   restaurant return-to-work tax credit program (Subpart B); and to amend
   the tax law and the state finance law, in relation to establishing the
   New York city musical and theatrical production tax credit (Subpart C)
   (Part TT); relating to the merger of the College  Retirement  Equities
   Fund  and  the  Teachers Insurance and Annuity Association of America;
   and to repeal chapter 124 of the laws of 1952 relating to the  charter
   of the college retirement equities fund (Part UU); to amend the public
   authorities  law,  the  canal  law and the economic development law in
   relation to enacting the New York state  canal  system  revitalization
   act; and to repeal article 13-A of the canal law relating to the canal
   recreationway  commission  and section 57 of the canal law relating to
   special conditions for leases entered prior to approval of  the  canal
   recreationway plan (Part VV); and to authorize utility and cable tele-
   vision assessments that provide funds to the department of health from
   cable  tele-vision  assessment revenues and to the department of agri-
   culture and markets, department of environmental conservation, depart-
   ment of state, and the office of parks, recreation and historic  pres-
   ervation from utility assessment revenues (Part WW)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state transportation, economic development
 and environmental conservation budget for  the  2021-2022  state  fiscal
 year.    Each  component is wholly contained within a Part identified as
 Parts A through XX. The effective date  for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part. Any provision in any section contained within  a  Part,  including
 the effective date of the Part, which makes a reference to a section "of

 S. 2508--A                          5                         A. 3008--A
 
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Part in
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
 traffic law, as amended by section 1 of part B of chapter 58 of the laws
 of 2020, are amended to read as follows:
   (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion  on a highway or parkway of a motor vehicle registered as a commer-
 cial vehicle and having a gross vehicle weight rating of  at  least  ten
 thousand pounds but no more than twenty-six thousand pounds shall, for a
 first  conviction thereof, be punished by a fine of not more than [three
 hundred fifty] ONE THOUSAND dollars or by imprisonment of not more  than
 fifteen  days or by both such fine and imprisonment; for a conviction of
 a second violation, both of which were  committed  within  a  period  of
 eighteen  months,  such  person  shall be punished by a fine of not more
 than [seven] ONE THOUSAND FIVE hundred dollars or  by  imprisonment  for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than  [one]  TWO  thousand  FIVE  HUNDRED
 dollars  or by imprisonment of not more than ninety days or by both such
 fine and imprisonment; provided, however, the provisions of this  subdi-
 vision  shall  not  apply  to a commercial motor vehicle as such term is
 defined in paragraph (a) of subdivision four  of  section  five  hundred
 one-a of this chapter.
   (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more  than  [seven  hundred] FIVE THOUSAND dollars or by imprisonment of
 not more than fifteen days or by both such fine and imprisonment; for  a
 conviction  of a second violation, both of which were committed within a
 period of eighteen months, such person shall be punished by  a  fine  of
 not  more than [one] SEVEN thousand five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall  be punished by a fine of not more than [two] TEN thousand dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-

 S. 2508--A                          6                         A. 3008--A
 
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.   THE PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18-a of section 385 of the vehicle and  traffic  law,
 as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
 amended to read as follows:
   18-a. A violation of the provisions of [subdivisions] SUBDIVISION  two
 or  fourteen  of this section, where the violation relates to the height
 of the vehicle, including a violation related to the operation, within a
 city not wholly included within one county, of a vehicle  which  exceeds
 the  limitations  provided  for in the rules and regulations of the city
 department of transportation of such city, shall be punishable by a fine
 of not more than [one] FIVE thousand dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first  offense;  by  a  fine  of not more than [two] SEVEN thousand FIVE
 HUNDRED dollars, or by imprisonment for not more than sixty days, or  by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.    For  any violation of the
 provisions of [subdivisions] SUBDIVISION two or fourteen of this section
 where the violation relates to the height of the  vehicle,  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, the registration of the vehicle may be suspended  for
 a period not to exceed one year whether at the time of the violation the
 vehicle  was  in  charge  of  the  owner or his agent. The provisions of
 section five hundred ten of this chapter shall apply to such  suspension
 except as otherwise provided herein.
   §  3. Subdivision 54 of section 375 of the vehicle and traffic law, as
 added by chapter 11 of the laws of 2020, is amended to read as follows:
   54. Stretch limousine AND COMMERCIAL MOTOR VEHICLE commercial GPS. (a)
 Every stretch limousine AND COMMERCIAL MOTOR VEHICLE registered in  this
 state  shall be equipped with commercial global positioning system (GPS)
 technology within no later than one year of  the  date  upon  which  the
 national  highway  traffic safety administration promulgates final regu-
 lations establishing standards for commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  OR  COMMERCIAL  MOTOR VEHICLE registered in this state on any
 public highway or private road open  to  public  motor  vehicle  traffic
 unless  such  stretch  limousine OR COMMERCIAL MOTOR VEHICLE is equipped
 with commercial global positioning system (GPS) technology  as  required
 by  this subdivision and such commercial global positioning system (GPS)
 technology is used. The presence in such stretch limousine OR COMMERCIAL
 MOTOR VEHICLE of commercial global positioning system  (GPS)  technology
 connected  to a power source and in an operable condition is presumptive
 evidence of its use by any person operating such  stretch  limousine  OR
 COMMERCIAL MOTOR VEHICLE. Such presumption may be rebutted by any credi-
 ble  and  reliable  evidence  which  tends  to show that such commercial
 global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
   (i) "Stretch limousine" shall mean an altered motor vehicle  having  a
 seating  capacity  of  nine  or  more  passengers, including the driver,

 S. 2508--A                          7                         A. 3008--A
 
 commonly referred to as a "stretch limousine" and which is used  in  the
 business of transporting passengers for compensation; [and]
   (ii) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA-
 TION  OF  VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN
 TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT  PROPERTY  OR  PERSONS
 AND  SHALL  INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT
 LEAST EIGHTY-SIX HUNDRED POUNDS; AND
   (III) "Commercial global positioning system  (GPS)  technology"  shall
 mean  global  positioning system (GPS) technology which has been specif-
 ically designed to assist in the navigation of  commercial  motor  vehi-
 cles.
   §  4.  The  vehicle and traffic law is amended by adding a new section
 509-vv to read as follows:
   § 509-VV.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR  COMMERCIAL
 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
 OF ANY COMMERCIAL VEHICLE, IS PROHIBITED.  FOR PURPOSES OF THIS SECTION,
 NON-COMMERCIAL  GLOBAL  POSITIONING  SYSTEM  (GPS) SHALL MEAN ANY GLOBAL
 POSITIONING TECHNOLOGY WHICH  HAS  NOT  BEEN  SPECIFICALLY  DESIGNED  TO
 ASSIST IN THE NAVIGATION OF COMMERCIAL VEHICLES.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 509-vvv to read as follows:
   § 509-VVV. PARKWAYS NOTIFICATION. COMMERCIAL CARRIERS MUST NOTIFY,  IN
 WRITING,  ALL  COMMERCIAL  DRIVERS  IN  THEIR  EMPLOY OF THE PROHIBITION
 AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 509-ii to read as follows:
   §  509-II.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.  ONE
 YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY  TRAFFIC  SAFETY
 ADMINISTRATION  PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
 COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE  OF  NON-COMMERCIAL
 GLOBAL  POSITIONING  SYSTEMS  (GPS)  BY ANY BUS DRIVER OR MOTOR CARRIER,
 WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS
 PROHIBITED.   FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL  POSI-
 TIONING  SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH
 HAS NOT BEEN SPECIFICALLY  DESIGNED  TO  ASSIST  IN  THE  NAVIGATION  OF
 COMMERCIAL VEHICLES.
   §  7.  The  vehicle and traffic law is amended by adding a new section
 509-iii to read as follows:
   § 509-III. PARKWAYS NOTIFICATION. MOTOR CARRIERS MUST NOTIFY, IN WRIT-
 ING, ALL BUS DRIVERS IN THEIR EMPLOY OF THE PROHIBITION AGAINST  OPERAT-
 ING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   §  8. The general business law is amended by adding a new section 396-
 zz to read as follows:
   § 396-ZZ. COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF  PARKWAY  PROHIBI-
 TIONS.  (A)  ALL  RENTAL  VEHICLE COMPANIES, AS DEFINED IN SECTION THREE
 HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR-
 IZED  DRIVERS  OR  RENTERS,  AS  DEFINED  IN   SECTION   THREE   HUNDRED
 NINETY-SIX-Z  OF  THIS  ARTICLE,  OF  THE PROHIBITION AGAINST COMMERCIAL
 MOTOR VEHICLES OPERATING ON  PARKWAYS  FOR  ANY  RENTALS  OR  LEASES  OF
 COMMERCIAL  MOTOR  VEHICLES.  FOR  PURPOSES  OF THIS SECTION "COMMERCIAL
 MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE  OR  COMBINATION  OF  VEHICLES
 HAVING  A  GROSS  COMBINATION  WEIGHT  RATING  OF MORE THAN TEN THOUSAND

 S. 2508--A                          8                         A. 3008--A
 
 POUNDS USED TO TRANSPORT PROPERTY OR PERSONS AND  SHALL  INCLUDE  A  TOW
 TRUCK  WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED
 POUNDS.
   (B)  A  CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE
 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 9. Severability. If any clause,  sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds, such judgment or written determination shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that this act shall
 be deemed repealed if any federal agency determines in writing that this
 act would render New York state ineligible for the  receipt  of  federal
 funds  or  any  court  of competent jurisdiction finally determines that
 this act would render New York state out of compliance with federal  law
 or  regulation;  and  provided further that for sections four and six of
 this act, the commissioner of transportation shall notify  the  legisla-
 tive  bill  drafting commission upon the occurrence of the provisions of
 sections four and six of this act, in  order  that  the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public  officers  law.    Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of sections four and six of this act on its effective date  are  author-
 ized to be made and completed on or before such effective date.
 
                                  PART B
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating to the safety of  trans-
 portation workers, pedestrians, and the traveling public. Each component
 is wholly contained within a Subpart identified as Subparts A through D.
 The  effective  date for each particular provision contained within such
 Subpart is set forth in the last section of such Subpart. Any  provision
 in  any section contained within a Subpart, including the effective date
 of the Subpart, which makes a reference to a section "of this act", when
 used in connection with that particular component, shall  be  deemed  to
 mean  and  refer to the corresponding section of the Subpart in which it
 is found. Section three of this act sets  forth  the  general  effective
 date of this act.
 
                                 SUBPART A
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016, and  subdi-
 vision  11  as separately amended by chapters 268 and 281 of the laws of
 2016, are amended to read as follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health

 S. 2508--A                          9                         A. 3008--A
 
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN  SECTION  ONE  HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE AND TRAFFIC LAW,
 EMPLOYEE OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A  COUNTY
 CLERK  PERFORMING  MOTOR  VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPART-
 MENT, or employee of any entity governed by the public  service  law  in
 the  course of performing an essential service, from performing a lawful
 duty, by means including releasing or failing to control an animal under
 circumstances evincing the actor's intent that the animal  obstruct  the
 lawful  activity  of  such  peace officer, police officer, prosecutor as
 defined in subdivision thirty-one of section 1.20 of the criminal proce-
 dure law, registered nurse,  licensed  practical  nurse,  public  health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city  sanitation  worker,  firefighter,  paramedic,
 technician,  city  marshal,  school crossing guard appointed pursuant to
 section two hundred  eight-a  of  the  general  municipal  law,  traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF  THE  VEHICLE  AND  TRAFFIC
 LAW,  MOTOR  VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN SECTION ONE HUNDRED  EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC  LAW,
 EMPLOYEE  OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY
 CLERK PERFORMING MOTOR VEHICLE TRANSACTIONS ON BEHALF  OF  SUCH  DEPART-
 MENT, or employee of an entity governed by the public service law, he or
 she causes physical injury to such peace officer, police officer, prose-
 cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
 nal  procedure  law,  registered nurse, licensed practical nurse, public
 health sanitarian, New York city public  health  sanitarian,  sanitation
 enforcement   agent,  New  York  city  sanitation  worker,  firefighter,
 paramedic, technician or medical or  related  personnel  in  a  hospital
 emergency  department,  city  marshal,  school  crossing  guard, traffic
 enforcement  officer,  traffic  enforcement  agent,  HIGHWAY  WORKER  AS
 DEFINED  BY  SECTION  EIGHTEEN-A  OF  THE VEHICLE AND TRAFFIC LAW, MOTOR
 VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION
 ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE
 NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING
 MOTOR VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee  of
 an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B

 S. 2508--A                         10                         A. 3008--A
 
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in  subdivi-
 sion   thirty-one  of  section  1.20  of  the  criminal  procedure  law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency  medical service technician, while such employee is performing
 an assigned duty on, or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW,  EMPLOYEE  OF  THE  NEW  YORK
 STATE  DEPARTMENT  OF  MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR
 VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined
 in subdivision thirty-one of section 1.20 of the criminal procedure law,
 registered nurse, licensed practical nurse,  public  health  sanitarian,
 New  York  city  public health sanitarian, sanitation enforcement agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   § 2. The penal law is amended by adding a new section 120.19  to  read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A  PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF DEATH, IMMINENT SERIOUS  PHYSICAL  INJURY  OR  PHYSICAL  INJURY.  FOR
 PURPOSES  OF  THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE SAME MEANING
 AS DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO

 S. 2508--A                         11                         A. 3008--A
 
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THIS ARTICLE.
   §  118-B.  MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR. ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4. Subparagraphs (xii) and (xiii) of paragraph a of subdivision 2 of
 section 510 of the vehicle and traffic law, as added  by  section  1  of
 part  B  of  chapter  55  of  the  laws  of 2014, are amended to read as
 follows:
   (xii) of a second or subsequent conviction of a violation  of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a probationary
 license, as defined in subdivision four of section five hundred  one  of
 this  title,  at  the  time of the commission of such violation and such
 second or subsequent violation was committed within six months following
 the restoration or issuance of such probationary license; [or]
   (xiii) of a second or subsequent conviction of a violation of  section
 twelve  hundred twenty-five-c or section twelve hundred twenty-five-d of
 this chapter committed where such person is the holder of a class DJ  or
 MJ  learner's  permit  or  a  class  DJ or MJ license at the time of the
 commission of such violation and such second or subsequent violation was
 committed within six months following the restoration of such permit  or
 license; OR
   (XIV)  OF  MENACING A HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND
 OR THIRD DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF  THE  PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   §  5.  The  vehicle and traffic law is amended by adding a new section
 1221-a to read as follows:
   § 1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A  VEHI-
 CLE  SHALL  ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT UPON DIREC-
 TION FROM A FLAGPERSON, POLICE  OFFICER,  OR  OTHER  VISIBLY  DESIGNATED
 PERSON  IN  CHARGE  OF  TRAFFIC CONTROL OR UPON DIRECTION FROM A TRAFFIC
 CONTROL DEVICE REGULATING ENTRY THEREIN. FOR PURPOSES OF  THIS  SECTION,
 THE  TERM  "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY,
 STREET, OR PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE,  OR  UTILITY
 WORK  IS  BEING  CONDUCTED,  WHICH  AREA  IS MARKED BY SIGNS, CHANNELING
 DEVICES, BARRIERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE  WORK-
 ERS ARE PHYSICALLY PRESENT.
   2.  A  VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE A
 CLASS B MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS  THAN  TWO  HUNDRED
 FIFTY  DOLLARS,  NOR  MORE  THAN  FIVE HUNDRED DOLLARS OR BY A PERIOD OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section 1. Section 600 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON  OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
 INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A  LOCATION
 OFF  THE  ROADWAY  BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
 OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC,  SHALL  NOT

 S. 2508--A                         12                         A. 3008--A
 
 BE  CONSTRUED  TO  BE  IN  VIOLATION  OF SUBDIVISION ONE OF THIS SECTION
 BECAUSE OF SUCH MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 PERSON  ACTING  AT THE DIRECTION OF THE COMMISSIONER OR A POLICE OFFICER
 shall have the power to cause the immediate removal, from the  right  of
 way  of  any  state  highway,  of  any  vehicle,  CARGO, OR DEBRIS which
 obstructs or interferes with the use of such a highway for public  trav-
 el;  or  which  obstructs  or  interferes  with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency.  THE COMMISSIONER, OR A POLICE
 OFFICER,  OR ANY PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER.
   § 3. This act shall take effect immediately.
 
                                 SUBPART C

   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle and traffic law, as amended by chapter 333 of the laws of  2010,  is
 amended to read as follows:
   1.  A  driver of a motor vehicle who causes physical injury as defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing to exercise due  care  in  violation  of  subdivision  (a)  of  this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic  law,  as amended by chapter 333 of the laws of 2010, is amended
 to read as follows:
   1. A driver of a motor vehicle who causes serious physical  injury  as
 defined  in  article  ten  of the penal law to a pedestrian or bicyclist
 while failing to exercise due care in violation of  subdivision  (a)  of
 this  section,  shall  be guilty of a traffic infraction punishable by a
 fine of not more than [seven hundred fifty] ONE  THOUSAND  FIVE  HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation  in a motor vehicle accident prevention course pursuant to
 paragraph (e-1) of subdivision two of section 65.10 of the penal law  or
 by  any combination of such fine, imprisonment or course, and by suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of paragraph b of subdivision two of section five hundred  ten  of  this
 chapter.
   §  3.  Subdivision (d) of section 1146 of the vehicle and traffic law,
 as amended by chapter 333 of the laws of 2010, is  amended  to  read  as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a  person  who  has  previously  been convicted of any violation of such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor punishable by a fine of not more  than  [one]  TWO  thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

 S. 2508--A                         13                         A. 3008--A
 
                                 SUBPART D
 
   Section  1.    The  vehicle and traffic law is amended by adding a new
 section 1221-a to read as follows:
   § 1221-A. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE, UPON CONSULTATION WITH THE  COMMISSIONER  OF  TRANSPORTATION,
 THE  SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR VEHICLES,
 THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE-
 MENT AGENCIES, AND REPRESENTATIVES FOR CONTRACTORS AND  LABORERS,  SHALL
 DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE
 MOTORIST  AWARENESS  OF  THE  IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO
 REDUCE THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING,  UNAUTHOR-
 IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE-
 TY.
   § 2.  This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through D of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART C
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1.  On assuming jurisdiction of a thruway section or connection or any
 part thereof, or of a highway connection, the  authority  shall  proceed
 with  the  construction, reconstruction or improvement thereof. All such
 work shall be done pursuant to a contract or contracts  which  shall  be
 let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
 opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED  BY
 THE  AUTHORITY  AND  ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public
 advertisement and upon such terms and conditions as the authority  shall
 require;  provided,  however,  that the authority may reject any and all
 proposals and may advertise for new proposals, as herein provided, if in
 its opinion, the  best  interests  of  the  authority  will  thereby  be
 promoted; provided further, however, that at the request of the authori-
 ty,  all  or  any  portion  of  such work, together with any engineering
 required by the authority in connection therewith, shall be performed by
 the commissioner and his subordinates in the department  of  transporta-
 tion as agents for, and at the expense of, the authority.
   § 2. This act shall take effect immediately.
 
                                  PART D

 S. 2508--A                         14                         A. 3008--A
 
   Section  1. Section 359-a of the public authorities law, as amended by
 section 7 of part TT of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  359-a.  Procurement  contracts. For the purposes of section twenty-
 eight hundred seventy-nine of this chapter as applied to the  authority,
 the term "procurement contract" shall mean any written agreement for the
 acquisition  of  goods  or  services of any kind by the authority in the
 actual or estimated amount of [fifteen] FIFTY thousand dollars or more.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE  TOLLED  CENTRAL  BUSINESS
 DISTRICT  DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid payment of the lawful  charge  OR  TOLL  for  such  transportation
 service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
 TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR  SUCH  ENTERING  OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts  to  obtain  such  service or TO USE ANY TOLL HIGHWAY, PARKWAY,
 ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED  CENTRAL  BUSI-
 NESS  DISTRICT OR avoids or attempts to avoid payment therefor by force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle  and
 traffic  law,  as amended by chapter 109 of the laws of 2005, is amended
 and a new paragraph (c) is added to read as follows:
   (b) Number plates shall be kept clean and in a condition so as  to  be
 easily readable and shall not be covered by glass or any plastic materi-
 al,  and shall not be knowingly covered or coated with any artificial or
 synthetic material or substance that conceals or  obscures  such  number
 plates  or that distorts a recorded or photographic image of such number
 plates, and the view of such number plates shall not  be  obstructed  by
 any  part  of  the vehicle or by anything carried thereon[, except for a
 receiver-transmitter issued by a  publicly  owned  tolling  facility  in
 connection  with electronic toll collection when such receiver-transmit-
 ter is affixed to the exterior of a vehicle in accordance with  mounting
 instructions provided by the tolling facility].
   (C)  IT  SHALL  BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A
 MOTOR VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR  ENTER
 OR  REMAIN  IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION
 SEVENTEEN HUNDRED FOUR OF THIS CHAPTER, UNDER THE  JURISDICTION  OF  THE
 TOLLING  AUTHORITY,  IF  SUCH  NUMBER  PLATE IS NOT EASILY READABLE, NOR
 SHALL ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL,  AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC  MATERIAL  OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND THE VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY  ANY  PART
 OF  THE  VEHICLE  OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-
 TRANSMITTER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY  IN  CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED TO THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE  WITH  MOUNTING

 S. 2508--A                         15                         A. 3008--A
 
 INSTRUCTIONS  PROVIDED  BY  THE TOLLING AUTHORITY.  FOR PURPOSES OF THIS
 PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC  AUTHORITY  WHICH
 OPERATES  A  TOLL  HIGHWAY,  BRIDGE  AND/OR TUNNEL OR A CENTRAL BUSINESS
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE  OF  THIS  SECTION  WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   §  4.   This act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART F
 
   Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of  section  1209  of  the
 public authorities law are REPEALED.
   §  2.  Paragraphs  (a) and (b) of subdivision 7 of section 1209 of the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, are amended to read as follows:
   (a) Except  as  otherwise  provided  in  this  section,  all  purchase
 contracts  for  supplies,  materials or equipment involving an estimated
 expenditure in excess of one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 dollars shall be awarded by the  authority  to  the  lowest  responsible
 bidder  after  obtaining  [sealed]  bids  in  the manner hereinafter set
 forth. The aforesaid shall not apply to contracts for  personal,  archi-
 tectural,  engineering or other professional services. The authority may
 reject all bids and obtain new bids  in  the  manner  provided  by  this
 section  when  it is deemed in the public interest to do so or, in cases
 where two or more responsible bidders submit identical  bids  which  are
 the lowest bids, award the contract to any of such bidders or obtain new
 bids  from  such bidders.   Nothing in this paragraph shall obligate the
 authority to seek new bids after the rejection of bids or after  cancel-
 lation  of  an invitation to bid. Nothing in this section shall prohibit
 the evaluation of bids on the basis of costs or savings  including  life
 cycle  costs  of  the  item  to  be purchased, discounts, and inspection
 services so long as the invitation to  bid  reasonably  sets  forth  the
 criteria  to  be  used  in  evaluating such costs or savings. Life cycle
 costs may include but shall not be limited to costs or  savings  associ-
 ated  with  installation, energy use, maintenance, operation and salvage
 or disposal.
   (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
 apply  to  the authority's acquisition of goods or services of any kind,
 in the actual or estimated amount of fifteen thousand dollars  or  more,
 provided  that  (i)  a  contract for services in the actual or estimated
 amount of one million dollars or less shall not require approval by  the
 board of the authority regardless of the length of the period over which
 the  services  are  rendered,  and  provided further that a contract for
 services in the actual or estimated amount  in  excess  of  one  million
 dollars  shall require approval by the board of the authority regardless

 S. 2508--A                         16                         A. 3008--A
 
 of the length of the period over which the services are rendered  unless
 such  a  contract  is  awarded  to  the  lowest responsible bidder after
 obtaining [sealed] bids and (ii) the  board  of  the  authority  may  by
 resolution  adopt  guidelines  that  authorize the award of contracts to
 small business concerns, to service disabled  veteran  owned  businesses
 certified  pursuant  to  article  seventeen-B  of  the executive law, or
 minority or women-owned business enterprises certified pursuant to arti-
 cle fifteen-A of the executive law, or purchases of goods or  technology
 that  are  recycled  or  remanufactured,  in an amount not to exceed one
 million dollars without a formal competitive process and without further
 board approval. The board of the authority shall adopt guidelines  which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   §  3.  Paragraphs  (a) and (b) of subdivision 8 of section 1209 of the
 public authorities law, paragraph (a) as amended by chapter 725  of  the
 laws  of  1993  and paragraph (b) as added by chapter 929 of the laws of
 1986, are amended to read as follows:
   (a) Advertisement for bids, when required by this  section,  shall  be
 published  at  least  once in [a newspaper of general circulation in the
 area served by the authority and in] the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 when  required  by  this section. Publication in [a newspaper of general
 circulation in the area served  or  in]  the  procurement  opportunities
 newsletter  shall  not  be  required if bids for contracts for supplies,
 materials or equipment are of a type regularly purchased by the authori-
 ty and are to be solicited from a list of potential suppliers,  if  such
 list is or has been developed consistent with the provisions of subdivi-
 sion  eleven  of  this  section.  Any such advertisement shall contain a
 statement of: (i) the time [and place  where]  BY  WHICH  bids  received
 pursuant to any notice requesting [sealed] bids [will be publicly opened
 and  read]  SHALL BE SUBMITTED; (ii) the name of the contracting agency;
 (iii) the contract identification number; (iv) a  brief  description  of
 the  public work, supplies, materials, or equipment sought, the location
 where work is to be performed, goods are to  be  delivered  or  services
 provided  and the contract term; (v) the [address where] MANNER IN WHICH
 bids or proposals are to be  submitted;  (vi)  the  date  when  bids  or
 proposals  are due; (vii) a description of any eligibility or qualifica-
 tion requirement or preference; (viii) a statement  as  to  whether  the
 contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids.
   (b) The authority may designate any officer or employee to  [open  the
 bids  at  the  time and place bids are to be opened and may designate an
 officer to] award the contract to the lowest responsible  bidder.  [Such
 designee  shall make a record of all bids in such form and detail as the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH AN ELECTRONIC BIDDING PLATFORM  AND  ELECTRONICALLY  POSTED  FOR
 PUBLIC  VIEW,  OR  publicly  opened and read, IN EITHER CASE at the time
 [and], place AND IN THE MANNER specified in the advertisement or  speci-
 fied at the time of solicitation, or to which the opening and reading OR

 S. 2508--A                         17                         A. 3008--A
 
 POSTING have been adjourned by the authority. All bidders shall be noti-
 fied  of  the  time  and place of any such adjournment.  THE AUTHORITY'S
 DESIGNATED OFFICER OR EMPLOYEE SHALL MAKE A RECORD OF ALL BIDS  IN  SUCH
 FORM AND DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   §  4.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available  through  an  existing  contract  between  a
 vendor  and  [(i)  another  public  authority  provided  that such other
 authority utilized a process of competitive  bidding  or  a  process  of
 competitive  requests  for  proposals to award such contract or (ii) the
 state of New York or the city of New York,] ANY  DEPARTMENT,  AGENCY  OR
 INSTRUMENTALITY  OF  THE UNITED STATES GOVERNMENT AND/OR ANY DEPARTMENT,
 AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY STATE OR
 STATES provided that in any case when the authority under this paragraph
 determines that obtaining such item  thereby  would  be  in  the  public
 interest and sets forth the reasons for such determination. The authori-
 ty  shall accept sole responsibility for any payment due the vendor as a
 result of the authority's order; or
   § 5. The opening paragraph of subdivision 9   of section 1209  of  the
 public  authorities law is amended to read as follows:  9. Notwithstand-
 ing the foregoing, the authority may, by resolution approved by  a  two-
 thirds  vote  of its members then in office or by a majority vote of its
 members with respect to contracts proposed to be let pursuant  to  para-
 graph  (a)  of  this  subdivision,  declare  that competitive bidding is
 impractical or inappropriate because of the  existence  of  any  of  the
 circumstances  hereinafter  set  forth  and thereafter the authority may
 proceed to award contracts without complying with  the  requirements  of
 subdivision  seven  or  eight  of this section[.]  PROVIDED THAT FOR ANY
 DESIGN-BUILD CONTRACT TO BE AWARDED PURSUANT TO PARAGRAPH  (F)  OF  THIS
 SUBDIVISION  NO  SUCH  PRIOR  DECLARATION  THAT  COMPETITIVE  BIDDING IS
 IMPRACTICAL OR INAPPROPRIATE SHALL BE REQUIRED. In each case  where  the
 authority  declares competitive bidding impractical or inappropriate, it
 shall state the reason therefor in writing  and  summarize  any  negoti-
 ations  that  have been conducted. Except for contracts awarded pursuant
 to paragraphs (a), (b), (c) and (e) of this subdivision,  the  authority
 shall  not  award any contract pursuant to this subdivision earlier than
 thirty days from the date on which the authority declares  that  compet-
 itive  bidding  is impractical or inappropriate. Competitive bidding may
 only be declared impractical or inappropriate where:
   § 6. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining [sealed]  bids  in  accordance
 with this section or without competitive [sealed] bids in instances when
 the item is available from only a single source, except that the author-

 S. 2508--A                         18                         A. 3008--A
 
 ity  may  dispense with advertising provided that it mails copies of the
 invitation to bid to all vendors of the particular item on the qualified
 products list.
   §  7. Subdivision 1 of section 1265-a of the public authorities law is
 REPEALED.
   § 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of  the
 public  authorities  law, as amended by section 3-a of subpart C of part
 ZZZ of chapter 59 of the laws of 2019, are amended to read as follows:
   (a) Except  as  otherwise  provided  in  this  section,  all  purchase
 contracts  for  supplies,  materials or equipment involving an estimated
 expenditure in excess of one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 dollars shall be awarded by the  authority  to  the  lowest  responsible
 bidder  after  obtaining  [sealed]  bids  in  the manner hereinafter set
 forth.  For purposes hereof, contracts for  public  work  shall  exclude
 contracts  for  personal, engineering and architectural, or professional
 services.  The authority may reject all bids and obtain new bids in  the
 manner provided by this section when it is deemed in the public interest
 to do so or, in cases where two or more responsible bidders submit iden-
 tical  bids which are the lowest bids, award the contract to any of such
 bidders or obtain new bids from such bidders. Nothing in this  paragraph
 shall  obligate  the  authority  to seek new bids after the rejection of
 bids or after cancellation of an invitation  to  bid.  Nothing  in  this
 section  shall  prohibit the evaluation of bids on the basis of costs or
 savings including  life  cycle  costs  of  the  item  to  be  purchased,
 discounts,  and  inspection  services  so  long as the invitation to bid
 reasonably sets forth the criteria to be used in evaluating  such  costs
 or  savings.  Life  cycle  costs may include but shall not be limited to
 costs or savings associated with installation, energy use,  maintenance,
 operation and salvage or disposal.
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided (i) that a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  [sealed]  bids,  and  (ii)  the board of the authority may by
 resolution adopt guidelines that authorize the  award  of  contracts  to
 small  business  concerns,  to service disabled veteran owned businesses
 certified pursuant to article  seventeen-B  of  the  executive  law,  or
 minority or women-owned business enterprises certified pursuant to arti-
 cle  fifteen-A of the executive law, or purchases of goods or technology
 that are recycled or remanufactured, in an  amount  not  to  exceed  one
 million dollars without a formal competitive process and without further
 board  approval. The board of the authority shall adopt guidelines which
 shall be made publicly available for the awarding of such contract with-
 out a formal competitive process.
   § 9. Paragraphs (a) and (b) of subdivision 3 of section 1265-a of  the
 public  authorities  law, paragraph (a) as amended by chapter 494 of the
 laws of 1990 and paragraph (b) as added by chapter 929 of  the  laws  of
 1986, are amended to read as follows:

 S. 2508--A                         19                         A. 3008--A
 
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in [a newspaper of general  circulation  in  the
 area served by the authority and in] the procurement opportunities news-
 letter  published pursuant to article four-C of the economic development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 for  a  purchase  contract  for  supplies,  materials  or equipment when
 required by this section. Publication in [a newspaper of general  circu-
 lation  in the area served or in] the procurement opportunities newslet-
 ter shall not be required if bids for contracts for supplies,  materials
 or  equipment are of a type regularly purchased by the authority and are
 to be solicited from a list of potential suppliers, if such list  is  or
 has  been developed consistent with the provisions of subdivision six of
 this section. Any such advertisement shall contain a statement  of:  (i)
 the time [and place where] BY WHICH bids received pursuant to any notice
 requesting  [sealed]  bids  [will  be publicly opened and read] SHALL BE
 SUBMITTED; (ii) the name of the contracting agency; (iii)  the  contract
 identification  number;  (iv)  a  brief  description of the public work,
 supplies, materials, or equipment sought, the location where work is  to
 be  performed,  goods  are  to be delivered or services provided and the
 contract term; (v) the [address where] MANNER IN WHICH bids or proposals
 are to be submitted; (vi) the date when bids or proposals are due; (vii)
 a description of any eligibility or qualification requirement or prefer-
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and (x) the name, address, and telephone number  of  the  person  to  be
 contacted  for  additional  information. At least [fifteen] TEN business
 days shall elapse between the first publication of such advertisement or
 the solicitation of bids, as the case may be, and the  date  of  opening
 and reading of bids.
   (b)  The  authority may designate any officer or employee to [open the
 bids at the time and place bids are to be opened and  may  designate  an
 officer  to]  award the contract to the lowest responsible bidder. [Such
 designee shall make a record of all bids in such form and detail as  the
 authority shall prescribe.] All bids [received] shall be RECEIVED EITHER
 THROUGH  AN  ELECTRONIC  BIDDING  PLATFORM AND ELECTRONICALLY POSTED FOR
 PUBLIC VIEW, OR publicly opened and read, IN EITHER CASE  at  the  time,
 [and]  place  AND IN THE MANNER specified in the advertisement or at the
 time of solicitation, or to which the opening  and  reading  OR  POSTING
 have  been  adjourned by the authority. All bidders shall be notified of
 the time and place of any such adjournment. THE  AUTHORITY'S  DESIGNATED
 OFFICER  OR  EMPLOYEE  SHALL  MAKE A RECORD OF ALL BIDS IN SUCH FORM AND
 DETAIL AS THE AUTHORITY SHALL PRESCRIBE.
   § 10. Paragraph (e) of subdivision 4 of section 1265-a of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e)  the  item  is  available  through  an existing contract between a
 vendor and [(i)  another  public  authority  provided  that  such  other
 authority  utilized  a  process  of  competitive bidding or a process of
 competitive requests for proposals  to  award  such  contracts  or  (ii)
 Nassau  county,  or  (iii) the state of New York or (iv) the city of New
 York] ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY  OF  THE  UNITED  STATES
 GOVERNMENT  AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION
 OR INSTRUMENTALITY OF ANY STATE OR STATES, provided  that  in  any  case
 when  under  this paragraph the authority determines that obtaining such

 S. 2508--A                         20                         A. 3008--A
 
 item thereby would be in the public interest and sets forth the  reasons
 for  such  determination. The authority shall accept sole responsibility
 for any payment due the vendor as a result of the authority's order; or
   §  11. The opening paragraph of subdivision 4 of section 1265-a of the
 public authorities law is amended to read as follows:
   4. Notwithstanding the foregoing, the  authority  may,  by  resolution
 approved by a two-thirds vote of its members then in office or by major-
 ity  vote  of  its  members with respect to contracts proposed to be let
 pursuant to paragraph (a) of this subdivision declare, that  competitive
 bidding  is impractical or inappropriate because of the existence of any
 of the circumstances hereinafter set forth and thereafter the  authority
 may  proceed  to award contracts without complying with the requirements
 of subdivision seven or eight of this section[.] PROVIDED THAT  FOR  ANY
 DESIGN-BUILD  CONTRACT  TO  BE AWARDED PURSUANT TO PARAGRAPH (F) OF THIS
 SUBDIVISION NO  SUCH  PRIOR  DECLARATION  THAT  COMPETITIVE  BIDDING  IS
 IMPRACTICAL  OR  INAPPROPRIATE SHALL BE REQUIRED. In each case where the
 authority declares competitive bidding impractical or inappropriate,  it
 shall  state  the  reason  therefor in writing and summarize any negoti-
 ations that have been conducted. Except for contracts  awarded  pursuant
 to  paragraphs  (a), (b), (c) and (e) of this subdivision, the authority
 shall not award any contract pursuant to this subdivision  earlier  than
 thirty  days  from the date on which the authority declares that compet-
 itive bidding is impractical or inappropriate. Competitive  bidding  may
 only be declared impractical or inappropriate where:
   §  12.  Subdivision 5 of section 1265-a of the public authorities law,
 as added by chapter 929 of the laws of  1986,  is  amended  to  read  as
 follows:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible bidder after obtaining [sealed] bids in accordance with this
 section  or without competitive [sealed] bids in instances when the item
 is available from only a single source, except that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  13. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:
   § 14. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].
   § 15. This act shall take effect immediately.
 
                                  PART G
   Section  1.  Section  1266 of the public authorities law is amended by
 adding two new subdivisions 12-b and 12-c to read as follows:

 S. 2508--A                         21                         A. 3008--A
 
   12-B. WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR A TRAN-
 SIT FACILITY THE AUTHORITY DETERMINES THAT THE PIPES, MAINS, CONDUITS OR
 OTHER  INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES
 AND APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO SHALL BE REMOVED,
 RELOCATED  OR  OTHERWISE  PROTECTED  OR  REPLACED, EITHER TEMPORARILY OR
 PERMANENTLY, HEREINAFTER REFERRED TO AS "THE REQUIRED UTILITY WORK", THE
 FOLLOWING PROVISIONS SHALL APPLY:
   (A) EXCEPT AS PROVIDED IN  PARAGRAPH  (C)  OF  THIS  SUBDIVISION,  THE
 PUBLIC  SERVICE CORPORATION SHALL DESIGN AND PERFORM ALL OF THE REQUIRED
 UTILITY WORK WITHIN A NUMBER OF DAYS AFTER RECEIPT  OF  THE  AUTHORITY'S
 CONSTRUCTION  PLANS,  WHICH  NUMBER  OF  DAYS SHALL BE DETERMINED BY THE
 AUTHORITY AFTER CONSULTATION WITH THE PUBLIC  SERVICE  CORPORATION.  THE
 COST OF SUCH REQUIRED UTILITY WORK, INCLUDING THE DESIGN, SHALL BE BORNE
 SOLELY BY THE PUBLIC SERVICE CORPORATION.
   (B)  IN  DESIGNING  AND PERFORMING THE REQUIRED UTILITY WORK, A PUBLIC
 SERVICE CORPORATION SHALL NOT CREATE THE NEED FOR ANOTHER PUBLIC SERVICE
 CORPORATION TO REMOVE OR RELOCATE ITS PIPES, MAINS,  CONDUITS  OR  OTHER
 INFRASTRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (C) THE AUTHORITY MAY OPT TO PERFORM SOME OR ALL OF THE REQUIRED UTIL-
 ITY  WORK  ON  ITS  OWN  OR  BY  A CONTRACT OR OTHER ARRANGEMENT. IF THE
 AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK,  THE
 AUTHORITY  MAY  ALSO  OPT  TO  PROVIDE THE DESIGN FOR SUCH WORK.  IF THE
 AUTHORITY OPTS TO PERFORM SOME OR ALL OF THE REQUIRED UTILITY WORK,  THE
 PUBLIC SERVICE CORPORATION SHALL PERFORM THE PORTION OF THE UTILITY WORK
 NOT PERFORMED BY THE AUTHORITY AND SHALL REIMBURSE THE AUTHORITY FOR THE
 AUTHORITY'S  ACTUAL COST TO PERFORM THE UTILITY WORK, INCLUDING THE COST
 OF THE DESIGN DONE BY THE AUTHORITY. IF THE AUTHORITY  DESIGNS  SOME  OR
 ALL  OF  THE  REQUIRED UTILITY WORK, SUCH DESIGN SHALL BE SUBJECT TO THE
 REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH  SHALL  NOT
 BE  UNREASONABLY  WITHHELD.  SUCH REVIEW AND APPROVAL SHALL BE COMPLETED
 WITHIN TWENTY-ONE CALENDAR DAYS, OR WITHIN SUCH OTHER PERIOD OF TIME  AS
 MAY  BE  DETERMINED  BY THE AUTHORITY AFTER CONSULTATION WITH THE PUBLIC
 SERVICE CORPORATION.
   12-C. WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION,
 RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY OR TRANSIT
 FACILITY  THE  AUTHORITY  DETERMINES THAT THE WATER OR SEWER INFRASTRUC-
 TURE, INCLUDING PIPES OR MAINS, STREET LIGHTING, TRAFFIC SIGNAL SYSTEMS,
 EMERGENCY CALL BOXES AND ASSOCIATED INFRASTRUCTURE OF THE  CITY  OF  NEW
 YORK  AND  ANY  FIXTURES  AND APPLIANCES CONNECTED THEREWITH OR ATTACHED
 THERETO MUST BE REMOVED, RELOCATED, OR OTHERWISE PROTECTED OR  REPLACED,
 EITHER  TEMPORARILY  OR  PERMANENTLY,  HEREINAFTER  REFERRED  TO AS "THE
 REQUIRED CITY WORK", THE FOLLOWING PROVISIONS SHALL APPLY:
   (A) THE CITY OF NEW  YORK  SHALL  PROVIDE  ANY  APPROVALS  OR  PERMITS
 REQUIRED  BY  THE  AUTHORITY  FOR  THE  REQUIRED CITY WORK WITHIN THIRTY
 CALENDAR DAYS OF SUBMISSION BY THE AUTHORITY OF ITS  CONSTRUCTION  PLANS
 OR WITHIN SUCH OTHER PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORI-
 TY AFTER CONSULTATION WITH THE CITY OF NEW YORK.
   (B) THE AUTHORITY SHALL PAY THE COST OF THE REQUIRED CITY WORK AND THE
 COST  OF  UPGRADING THE WATER OR SEWER INFRASTRUCTURE TO COMPLY WITH THE
 CURRENT STANDARDS OF THE CITY OF NEW YORK FOR MATERIALS AND CAPACITY  AS
 DETERMINED  BY  THE  CURRENT  SERVICE BEING PROVIDED; PROVIDED, HOWEVER,
 THAT THE CITY OF NEW YORK SHALL NOT DEMAND THAT  THE  AUTHORITY  PROVIDE
 FOR  ANTICIPATED FUTURE SERVICE INCREASES OR ANY OTHER BETTERMENTS WITH-
 OUT THE AUTHORITY'S AGREEMENT.

 S. 2508--A                         22                         A. 3008--A
 
   (C) IN REVIEWING THE AUTHORITY'S DESIGN FOR THE REQUIRED CITY WORK, OR
 IN PROVIDING ANY PERMITS OR APPROVALS FOR THE REQUIRED  CITY  WORK,  THE
 CITY  OF  NEW YORK SHALL NOT CREATE THE NEED FOR A PUBLIC SERVICE CORPO-
 RATION TO REMOVE OR RELOCATE ITS PIPES, MAINS, CONDUITS OR OTHER INFRAS-
 TRUCTURE WITHOUT THE AGREEMENT OF THE AUTHORITY.
   (D) THE CITY OF NEW YORK SHALL COOPERATE WITH THE AUTHORITY AND PUBLIC
 SERVICE  CORPORATIONS IN PLANNING AND COORDINATING THE RELOCATION OF ITS
 OWN WATER AND SEWER INFRASTRUCTURE AS WELL AS THE PIPES, MAINS, CONDUITS
 OR OTHER INFRASTRUCTURE OF ANY PUBLIC SERVICE CORPORATION. THE  CITY  OF
 NEW  YORK  SHALL  NOT  REQUIRE  THE  REMOVAL OR RELOCATION OF ADDITIONAL
 PUBLIC SERVICE CORPORATION PIPES, MAINS, CONDUITS OR  OTHER  INFRASTRUC-
 TURE BEYOND THE MINIMUM REQUIRED TO ACCOMMODATE THE REQUIRED WORK.
   § 2. This act shall take effect immediately.

                                  PART H
 
   Section  1.  Subdivision  12 of section 1266 of the public authorities
 law, as added by chapter 314 of the laws of 1981, is amended to read  as
 follows:
   12. The authority may, FOR ITSELF OR UPON REQUEST OF THE NEW YORK CITY
 TRANSIT  AUTHORITY, upon suitable notice to and an offer to consult with
 an officer designated by the city of New York, occupy the streets of the
 city of New York for the purpose of doing  ANY  WORK  EITHER  BY  ITSELF
 DIRECTLY  OR BY ANOTHER FOR ITS BENEFIT VIA CONTRACT, EASEMENT AGREEMENT
 OR OTHER SUCH AGREEMENT [any work] over or under the same in  connection
 with  the improvement, construction, reconstruction or rehabilitation of
 a transportation facility without the consent  of  or  payment  to  such
 city[.], NOTWITHSTANDING THAT THE CITY HAS PREVIOUSLY PERMITTED ANY SUCH
 PORTION  OF SUCH STREETS TO BE OCCUPIED BY ANOTHER.  FOR THE PURPOSES OF
 THIS SUBDIVISION, A "TRANSPORTATION FACILITY" SHALL INCLUDE  A  STAIRWAY
 ENTRANCE,  ELEVATOR, ESCALATOR OR OTHER VERTICAL TRANSPORTATION CONNECT-
 ING TO A SUBWAY STATION OR ANY OTHER TRANSIT IMPROVEMENT THAT  IS  BEING
 RENOVATED,  RELOCATED  OR  CONSTRUCTED  FOR  THE  BENEFIT OF AND UNDER A
 CONTRACT, EASEMENT AGREEMENT OR OTHER AGREEMENT WITH  THE  AUTHORITY  OR
 THE NEW YORK CITY TRANSIT AUTHORITY PURSUANT TO THE ZONING RESOLUTION OF
 THE CITY OF NEW YORK OR OTHERWISE.
   § 2. This act shall take effect immediately.
 
                                  PART I

   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner,  terminal  cleaner,  STATION  CUSTOMER  ASSISTANT; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA FOR USE ON A  TRAIN OR BUS; A
 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  COMMUTER  RAIL  TRACKS  OR STATIONS, TRAIN YARD, REVENUE TRAIN IN
 PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS  STATION  OR
 TERMINAL;  OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR
 COMMUTER RAILROAD agency, authority or company, public or private, whose
 operation is authorized by New York state or any of its political subdi-

 S. 2508--A                         23                         A. 3008--A
 
 visions, a city marshal, a school crossing guard appointed  pursuant  to
 section  two  hundred  eight-a  of  the general municipal law, a traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent,  station  cleaner,  terminal  cleaner,  STATION
 CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL DUTIES INCLUDE THE SALE OR
 COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA  FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE,  REPAIR,  INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
 TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND  SUBWAY  TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE,  BUS WHILE ON THE ROAD, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH  PERSONNEL,  city  marshal,
 school  crossing guard appointed pursuant to section two hundred eight-a
 of the general  municipal  law,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician,  while  such  employee is performing an assigned duty on, or
 directly related to, the operation of a train or  bus,  [including  the]
 cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
 SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
 USE  ON  A  TRAIN  OR  BUS,  OR MAINTENANCE OF A TRAIN OR BUS STATION OR
 TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE  OR  BUS  WHILE  ON THE ROAD, or such city
 marshal, school crossing guard,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician is performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A.  STRIKES,  SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR;  CONDUCTOR;
 SIGNALPERSON;  BUS  OPERATOR;  STATION  AGENT; STATION CLEANER; TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
 FARE PAYMENT MEDIA FOR USE ON A TRAIN  OR  BUS;  PERSON  WHOSE  OFFICIAL
 DUTIES  INCLUDE  THE  MAINTENANCE,  REPAIR, INSPECTION, TROUBLESHOOTING,
 TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR  UNDERGROUND
 SUBWAY  TRACKS,  TRANSIT  STATION  STRUCTURE,  COMMUTER  RAIL  TRACKS OR
 STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS  WHILE  ON
 THE  ROAD,  OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH
 PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-

 S. 2508--A                         24                         A. 3008--A
 
 TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED  BY  NEW
 YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART J
 
   Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
 New York state urban development corporation act, relating to the powers
 of  the  New  York state urban development corporation to make loans, as
 amended by section 1 of part FF of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2021]  2024,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART K
 
   Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
 of the laws of 1968 constituting the New York  state  urban  development
 corporation act, as amended by section 1 of part EE of chapter 58 of the
 laws of 2020, is amended to read as follows:
   3.  The  provisions  of this section shall expire, notwithstanding any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2021] 2024.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART L
 
   Section  1.  The  multiple  dwelling  law  is  amended by adding a new
 section 277-a to read as follows:
   § 277-A. Section 1 1. Legislative intent. The  Legislature  finds  and
 declares all of the following:
   A. ON MARCH 7, 2020, GOVERNOR ANDREW CUOMO PROCLAIMED A STATE OF EMER-
 GENCY IN RESPONSE TO THE CORONAVIRUS DISEASE (COVID-19) PANDEMIC.  MEAS-
 URES  NECESSARY  TO  CONTAIN  THE  SPREAD OF COVID-19 HAVE BROUGHT ABOUT
 WIDESPREAD ECONOMIC AND SOCIETAL DISRUPTION, PLACING THE  STATE  OF  NEW
 YORK IN UNPRECEDENTED CIRCUMSTANCES.
   B.  COVID  19  EXACERBATED  THE  PRE-EXISTING  IMBALANCE OF SUPPLY AND
 DEMAND FOR COMMERCIAL REAL ESTATE AND HOTELS IN CERTAIN  GEOGRAPHIES  IN
 NEW  YORK CITY. MANY OFFICE SPACES AND HOTEL UNITS ARE UNDERUTILIZED AND
 VACANT.
   C. LEGISLATION IS NECESSARY TO ALLOW FOR  THE  CONVERSION  OF  CERTAIN
 COMMERCIAL REAL ESTATE AND HOTELS WITHIN SPECIFIED BOUNDARIES INTO RESI-
 DENTIAL HOUSING. CONVERTING OFFICE BUILDINGS AND HOTELS INTO RESIDENTIAL
 UNITS  WILL  INCREASE HOUSING SUPPLY AND THEREBY RELIEVE PRESSURE ON THE
 HOUSING MARKET AND  REDUCE  RENTAL  PRICES.  THE  CONVERSION  WILL  ALSO

 S. 2508--A                         25                         A. 3008--A

 PROVIDE   NEEDED   AFFORDABLE  AND  SUPPORTIVE  HOUSING  WITHIN  CENTRAL
 LOCATIONS AND NEAR PUBLIC TRANSIT.
   D.  THE  CONVERSION OF COMMERCIAL REAL ESTATE AND HOTELS WILL SPUR THE
 CREATION OF JOBS IN THE CONSTRUCTION AND OTHER  INDUSTRIES  AND  AID  IN
 REMEDYING  THE  HARMS TO THE ECONOMY CAUSED BY COVID 19. THE CREATION OF
 RESIDENTIAL-WORK NEIGHBORHOODS WILL PROVIDE LONG TERM ECONOMIC  BENEFITS
 BY  BOLSTERING  LOCAL  BUSINESSES THAT SERVE THE COMMUNITIES.  TEMPORARY
 RULES UPON LEGISLATIVE FINDING OF SPECIAL STATE INTEREST. 2. APPLICATION
 OF RULE. THIS SECTION SHALL APPLY TO BUILDING PERMITS  LAWFULLY  ISSUED,
 OR  FOR WHICH A COMPLETED APPLICATION HAS BEEN FILED AS DEFINED BY LOCAL
 LAW, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR.
   3. ANY BUILDING OR PORTION OF A BUILDING  ERECTED  PRIOR  TO  DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY MAY BE CONVERTED TO A CLASS A MULTIPLE
 DWELLING  SUBJECT TO THE PROVISIONS OF SECTION 277, EXCEPT THAT SUBPARA-
 GRAPH F OF SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION  7  OF  SUCH
 SECTION SHALL BE MODIFIED TO PROVIDE THAT ANY YARDS OR COURTS ONTO WHICH
 A  WINDOW OPENS PURSUANT TO SUCH SUBPARAGRAPH (I) MAY BE EXISTING OR NEW
 IN A BUILDINGS OF ANY HEIGHT, WITHOUT REGARD TO ANY OTHER PROVISIONS  OF
 THIS CHAPTER, OTHER STATE LAW OR ANY PROVISIONS OF THE ZONING RESOLUTION
 OF  THE  CITY  OF  NEW YORK TO THE CONTRARY, BUT SUBJECT, HOWEVER TO THE
 PROVISIONS OF SUBDIVISION 4 AND 5 OF THIS SECTION 277-A.
   4. CLASS B MULTIPLE DWELLINGS. THE PROVISIONS OF  THIS  SECTION  SHALL
 APPLY  TO  ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO ANY CLASS B
 MULTIPLE DWELLING OPERATING AS A HOTEL THAT PRIOR TO THE DATE OF  ENACT-
 MENT  OF THIS SECTION WAS ALREADY PERMITTED BY THIS ARTICLE AND APPLICA-
 BLE LOCAL LAW TO BE OCCUPIED FOR RESIDENTIAL PURPOSES IN COMPLIANCE WITH
 THE STANDARDS OF SECTION 277.  FURTHER, THE PROVISIONS OF  THIS  SECTION
 SHALL ONLY APPLY TO HOTELS:  (A) COMPRISING FEWER THAN ONE HUNDRED FIFTY
 ROOMS;  (B) LOCATED ON TAX LOTS IN THE CITY OF NEW YORK ALREADY EXISTING
 OR CREATED UPON THE EFFECTIVE DATE  OF  THIS  SECTION,  IN  ANY  BOROUGH
 OUTSIDE  OF  MANHATTAN, OR WITHIN MANHATTAN EXCLUDING THE FOLLOWING AREA
 IN THE BOROUGH OF MANHATTAN, BEGINNING AT THE INTERSECTION OF THE UNITED
 STATES PIERHEAD LINE IN THE HUDSON RIVER AND THE CENTER LINE OF CHAMBERS
 STREET EXTENDED, THENCE EASTERLY TO THE CENTER LINE OF  CHAMBERS  STREET
 AND  CONTINUING  ALONG  THE CENTER LINE OF CHAMBERS STREET TO THE CENTER
 LINE OF CENTRE STREET, THENCE SOUTHERLY ALONG THE CENTER LINE OF  CENTRE
 STREET  TO THE CENTER LINE OF THE BROOKLYN BRIDGE TO THE INTERSECTION OF
 THE BROOKLYN BRIDGE AND THE UNITED STATES  PIERHEAD  LINE  IN  THE  EAST
 RIVER,  THENCE  NORTHERLY  ALONG  THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER TO THE INTERSECTION OF THE UNITED STATES PIERHEAD LINE IN THE
 EAST RIVER AND THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  EXTENDED,
 THENCE  WESTERLY  TO  THE  CENTER  LINE  OF ONE HUNDRED TENTH STREET AND
 CONTINUING ALONG THE CENTER LINE OF ONE  HUNDRED  TENTH  STREET  TO  ITS
 WESTERLY  TERMINUS,  THENCE  WESTERLY  TO THE INTERSECTION OF THE CENTER
 LINE OF ONE HUNDRED TENTH STREET EXTENDED AND THE UNITED STATES PIERHEAD
 LINE IN THE HUDSON RIVER, THENCE SOUTHERLY ALONG THE UNITED STATES PIER-
 HEAD LINE IN THE HUDSON RIVER TO THE POINT OF BEGINNING; AND (C)  WHICH,
 UPON  CONVERSION  OR  ALTERATION  OR  IMPROVEMENT SUCH NEW USE IS EITHER
 SUBJECT TO AN AGREEMENT WITH (I) THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL  TO  PROVIDE  A  MINIMUM OF TWENTY -FIVE PERCENT OF SUCH HOUSING
 UNITS AS AFFORDABLE HOUSING, OR (II) WITH ANY STATE OR  CITY  AGENCY  TO
 PROVIDE HOUSING AND SUPPORTIVE SERVICES FOR ANY POPULATION.
   5.  COMMERCIAL  OFFICE BUILDINGS. THE PROVISIONS OF THIS SECTION SHALL
 APPLY TO ANY CONVERSION OF OR ALTERATION OR IMPROVEMENT TO  ANY  COMMER-
 CIAL OFFICE BUILDING THAT PRIOR TO THE DATE OF ENACTMENT OF THIS SECTION
 WAS  ALREADY  PERMITTED  BY  THIS ARTICLE AND APPLICABLE LOCAL LAW TO BE

 S. 2508--A                         26                         A. 3008--A
 
 OCCUPIED FOR RESIDENTIAL PURPOSES IN COMPLIANCE WITH  THE  STANDARDS  OF
 SECTION  277.    FURTHER,  THIS  SECTION  SHALL ONLY APPLY TO COMMERCIAL
 OFFICE BUILDINGS OR PORTION THEREOF (A) EXISTING ON JANUARY 1, 1980 WITH
 A VALID TEMPORARY CERTIFICATE OF OCCUPANCY OR PERMANENT CERTIFICATION OF
 OCCUPANCY;  OR  (B) EXISTING ON DECEMBER 31, 2020 WITH A VALID TEMPORARY
 CERTIFICATE OF OCCUPANCY OR PERMANENT CERTIFICATE OF OCCUPANCY, AND THAT
 IS PART OF AN ESTATE ADMINISTERED PURSUANT TO  11  U.S.C.  TITLE  11  OR
 SUBJECT TO RECEIVERSHIP PURSUANT TO CPLR SECTION 6401(A); AND (C) BEGIN-
 NING  AT  A POINT AT THE INTERSECTION OF THE EXTENSION OF THE SOUTH LINE
 OF WEST 60TH STREET WITH THE U.S. PIERHEAD LINE ON THE EAST SIDE OF  THE
 HUDSON  RIVER  AND  RUNS THENCE ALONG THE EXTENSION OF THE SOUTH LINE OF
 WEST 60TH STREET AND ALONG THE SOUTH LINE OF WEST 60TH STREET AND  ALONG
 THE  SOUTH LINE OF EAST 60TH STREET AND ALONG THE EXTENSION OF THE SOUTH
 LINE OF EAST 60TH STREET TO THE U.S. PIERHEAD LINE ON THE WEST  SIDE  OF
 THE  EAST RIVER, THENCE ALONG THE U.S. PIERHEAD LINE ON THE WEST SIDE OF
 THE EAST RIVER SOUTHERLY TO ITS INTERSECTION WITH THE U.S. PIERHEAD LINE
 ON THE EAST SIDE OF THE HUDSON RIVER, THENCE IN  A  NORTHERLY  DIRECTION
 ALONG  THE  U.S.   PIERHEAD LINE ON THE EAST SIDE OF THE HUDSON RIVER TO
 THE POINT OF BEGINNING; AND (D) WHICH, UPON CONVERSION OR ALTERATION  OR
 IMPROVEMENT SUCH NEW USE IS EITHER SUBJECT TO AN AGREEMENT WITH: (I) THE
 DIVISION  OF HOUSING AND COMMUNITY RENEWAL TO PROVIDE A MINIMUM OF TWEN-
 TY-FIVE PERCENT OF SUCH HOUSING UNITS CREATED AS AFFORDABLE HOUSING,  OR
 (II)  WITH  ANY  STATE  OR CITY AGENCY TO PROVIDE HOUSING AND SUPPORTIVE
 SERVICES FOR ANY POPULATION.
   6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER OR OTHER  STATE
 LAW  TO THE CONTRARY, NO LOCAL ZONING LAW ORDINANCE, RESOLUTION OR REGU-
 LATION ADDRESSING THE MINIMUM LIGHT AND AIR STANDARDS FOR JOINT  LIVING-
 WORK  QUARTERS  FOR  ARTISTS OR GENERAL RESIDENTIAL PORTIONS OF LOFTS OR
 MANUFACTURING AND COMMERCIAL BUILDINGS ALTERED TO RESIDENTIAL USE SHALL,
 EXCEPT AS SET FORTH HEREIN, LIMIT THE APPLICABILITY OF THIS ARTICLE  TO:
 (A)  BUILDING ERECTED PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
 TY; OR (B) SPECIFIC LOCATIONS  OR  DISTRICTS  WITHIN  THE  MUNICIPALITY.
 NOTWITHSTANDING  ANY LAW, OTHER LOCAL ZONING LAW, ORDINANCE, RESOLUTION,
 OR REGULATION TO THE CONTRARY, THE CONVERSIONS DESCRIBED IN THIS SECTION
 ARE HEREBY AUTHORIZED AND TO THE EXTENT ANY LAW,  ORDINANCE,  RESOLUTION
 OR REGULATION IS OR HEREAFTER BECOMES INCONSISTENT WITH THE PROVISION OF
 THIS  SECTION,  SUCH  LAW, ORDINANCE, RESOLUTION OR REGULATION IS HEREBY
 REPEALED PURSUANT TO SECTION 365.
   §2. SECTION 301 OF THE MULTIPLE DWELLING LAW IS AMENDED  BY  ADDING  A
 NEW PARAGRAPH 7 TO READ AS FOLLOWS:
   ANY  CERTIFICATE BY THE DEPARTMENT AUTHORIZING OCCUPANCY OF A DWELLING
 AS A CLASS B HOTEL SHALL ALSO  AUTHORIZE  OCCUPANCY  OF  UNITS  IN  SUCH
 DWELLING  FOR PERMANENT RESIDENCE PURPOSES, WHERE SUCH UNITS ARE SUBJECT
 TO AN AGREEMENT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR  A
 STATE  OR  CITY  AGENCY  TO  PROVIDE  HOUSING  AND  SUPPORTIVE SERVICES,
 NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY STATE LAW, LOCAL
 LAW, ORDINANCE, RESOLUTION OR REGULATION THAT WOULD HAVE: (I) PROHIBITED
 SUCH OCCUPANCY, (II) REQUIRED A CHANGE OR ALTERATION TO THE DWELLING  OR
 (III) REQUIRED A NEW OR AMENDED CERTIFICATE.
   §3.  THE  COMMISSIONER  OF  THE NEW YORK STATE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL MAY PROMULGATE  REGULATIONS  AND  RULES  NECESSARY  TO
 EFFECTUATE  THIS  ACT.   SUCH REGULATIONS MAY INCLUDE THE DEFINITION AND
 DETERMINATION OF AFFORDABLE OR SUPPORTIVE HOUSING AND THE LENGTH OF TIME
 SUCH HOUSING NEEDS TO REMAIN AFFORDABLE OR SUPPORTIVE.
   § 4. This act shall take effect immediately and shall expire  December
 31,  2024 when upon such date the provisions of this act shall be deemed

 S. 2508--A                         27                         A. 3008--A
 
 repealed, provided however, that no variance shall be required to obtain
 a certificate of occupancy if such building satisfied the provisions  of
 this act upon commencement, nor shall any other administrative action be
 required upon completion should this provision have otherwise expired.
 
                                  PART M
 
   Section  1.  Section  3  of  part S of chapter 58 of the laws of 2016,
 relating to transferring the statutory authority for the promulgation of
 marketing orders from the department of agriculture and markets  to  the
 New York state urban development corporation, as amended by section 1 of
 part Y of chapter 58 of the laws of 2018, is amended to read as follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law [and shall expire and  be  deemed  repealed  July  31,
 2021]; provided, however, that any assessment due and payable under such
 marketing  orders shall be remitted to the urban development corporation
 starting 30 days after such effective date.
   § 2.  This act shall take effect immediately.
 
                                  PART N
 
   Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
 executive  law  relating to permitting the secretary of state to provide
 special handling for all documents filed or issued by  the  division  of
 corporations  and to permit additional levels of such expedited service,
 as amended by section 1 of part R of chapter 58 of the laws of 2020,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately, provided however, that
 section one of this act shall be deemed to have been in full  force  and
 effect on and after April 1, 2003 [and shall expire March 31, 2021].
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2021.
 
                                  PART O
 
   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d) Any  designated  [post-office]  POST  OFFICE  address to which the
 secretary of state shall mail a copy of process served upon him  OR  HER
 as  agent  of  a  domestic  corporation  or a foreign corporation, shall
 continue until the filing of a certificate  OR  OTHER  INSTRUMENT  under
 this  chapter  directing  the  mailing to a different [post-office] POST
 OFFICE address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE SHALL EMAIL NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRON-
 ICALLY SERVED UPON HIM OR HER AS AGENT  OF  A  DOMESTIC  CORPORATION  OR
 FOREIGN  CORPORATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER INSTRUMENT UNDER THIS  CHAPTER  CHANGING  OR  DELETING  THE  EMAIL
 ADDRESS.
   §  2.  Subparagraph  1 of paragraph (b) of section 306 of the business
 corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
 amended to read as follows:
   (1)  Service of process on the secretary of state as agent of a domes-
 tic or authorized foreign corporation shall be made [by  personally]  IN
 THE  MANNER  PROVIDED  BY  CLAUSE  (I) OR (II) OF THIS SUBPARAGRAPH. (I)
 PERSONALLY delivering to and leaving with the secretary of  state  or  a
 deputy,  or  with  any  person  authorized  by the secretary of state to

 S. 2508--A                         28                         A. 3008--A
 
 receive such service, at the office of the department of  state  in  the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served. The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, to such  corporation,  at  the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic or authorized foreign corporation has no such
 address on file in the department of state, the secretary of state shall
 so mail such copy, in the case of a domestic corporation, in care of any
 director named in its certificate of  incorporation  at  the  director's
 address  stated  therein or, in the case of an authorized foreign corpo-
 ration, to such corporation at the address of  its  office  within  this
 state  on  file in the department. (II) ELECTRONICALLY SUBMITTING A COPY
 OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER  WITH  THE  STATUTORY
 FEE,  WHICH  FEE  SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC
 SYSTEM OPERATED BY THE DEPARTMENT OF STATE,  PROVIDED  THE  DOMESTIC  OR
 AUTHORIZED  FOREIGN  CORPORATION  HAS  AN  EMAIL  ADDRESS ON FILE IN THE
 DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY
 OF STATE. SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE  WHEN
 THE  SECRETARY  OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROC-
 ESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A  NOTICE  OF  THE  FACT
 THAT PROCESS HAS BEEN SERVED TO SUCH CORPORATION AT THE EMAIL ADDRESS ON
 FILE  IN  THE  DEPARTMENT  OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION.
   § 3. The opening paragraph of paragraph (b)  of  section  307  of  the
 business corporation law is amended to read as follows:
   Service  of such process upon the secretary of state shall be made [by
 personally] IN THE MANNER PROVIDED BY SUBPARAGRAPH ONE OR  TWO  OF  THIS
 PARAGRAPH.  (1)  PERSONALLY  delivering  to  and leaving with him or his
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which fee shall be a taxable disbursement. (2) ELECTRONICALLY SUBMITTING
 A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH THE STAT-
 UTORY  FEE,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELEC-
 TRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE. Such service shall be
 sufficient if notice thereof and a copy of the process are:
   § 4. Subparagraph 7 of paragraph (a) of section 402  of  the  business
 corporation law is amended to read as follows:
   (7)  A  designation  of  the secretary of state as agent of the corpo-
 ration upon whom process against it may be served and  the  post  office
 address  within  or  without  this state to which the secretary of state
 shall mail a copy of any process against it served upon him OR HER.  THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 5. Paragraph (b) of section 801 of the business corporation  law  is
 amended by adding a new subparagraph 15 to read as follows:
   (15)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 6. Paragraph (b) of section 803 of the business corporation  law  is
 amended by adding a new subparagraph 4 to read as follows:

 S. 2508--A                         29                         A. 3008--A
 
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  7.  Paragraph (b) of section 805-A of the business corporation law,
 as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
 follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  corporation served upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE
 AND/OR the address of the registered agent, provided such address  being
 changed  is  the  address  of a person, partnership or other corporation
 whose address, as agent, is the address to be changed, AND/OR THE  EMAIL
 ADDRESS  BEING  CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP OR
 CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL  ADDRESS  TO  BE
 CHANGED,  or who has been designated as registered agent for such corpo-
 ration, may be signed[, verified] and delivered  to  the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subparagraphs (a) (1), (2)  and  (3)  of  this
 section;  that  a notice of the proposed change was mailed to the corpo-
 ration by the party signing the certificate not less  than  thirty  days
 prior  to  the  date  of delivery to the department and that such corpo-
 ration has not objected thereto; and that the party signing the  certif-
 icate is the agent of such corporation to whose address the secretary of
 state  is  required  to mail copies of process [or], AND/OR THE AGENT OF
 THE CORPORATION TO  WHOSE  EMAIL  ADDRESS  THE  SECRETARY  OF  STATE  IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate signed[, verified] and  deliv-
 ered  under  this  paragraph  shall  not be deemed to effect a change of
 location of the office of the corporation in whose behalf  such  certif-
 icate is filed.
   §  8. Subparagraph 8 of paragraph (a) of section 904-a of the business
 corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
 amended to read as follows:
   (8)  If  the surviving or resulting entity is a foreign corporation or
 other business entity, a designation of the secretary of  state  as  its
 agent upon whom process against it may be served in the manner set forth
 in  paragraph  (b)  of section three hundred six of this chapter, in any
 action or special proceeding, and a post office address, within or with-
 out this state, to which the secretary of state shall mail a copy of any
 process against it served upon him OR HER. THE CORPORATION  MAY  INCLUDE
 AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM
 OR  HER.    Such  post  office address shall supersede any prior address
 designated as the address to which process  shall  be  mailed  AND  SUCH
 EMAIL  ADDRESS SHALL SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS THE
 EMAIL ADDRESS TO WHICH A NOTICE SHALL BE SENT;
   § 9. Clause (G) of subparagraph 2 of paragraph (e) of section  907  of
 the  business  corporation law, as amended by chapter 494 of the laws of
 1997, is amended to read as follows:
   (G) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding,  and a post office address, within or without this state, to

 S. 2508--A                         30                         A. 3008--A
 
 which the secretary of state shall mail a copy of any process against it
 served upon him OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN ELECTRONICALLY SERVED UPON HIM OR HER.  Such
 post office address shall supersede any prior address designated as  the
 address  to  which  process shall be mailed AND SUCH EMAIL ADDRESS SHALL
 SUPERSEDE ANY PRIOR EMAIL ADDRESS DESIGNATED AS  THE  EMAIL  ADDRESS  TO
 WHICH A NOTICE SHALL BE SENT.
   §  10. Subparagraph 6 of paragraph (a) of section 1304 of the business
 corporation law, as amended by chapter 684 of the laws of  1963  and  as
 renumbered  by  chapter  590  of the laws of 1982, is amended to read as
 follows:
   (6) A designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served  upon  him OR HER. THE CORPORATION MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER.
   § 11. Paragraph (a) of section 1308 of the business corporation law is
 amended by adding a new subparagraph 10 to read as follows:
   (10) TO SPECIFY, CHANGE OR DELETE  THE  EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 12. Paragraph (c) of section 1309-A of the business corporation law,
 as  amended  by  chapter  172  of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only  the post office address to which the secretary of state shall mail
 a copy of any process against an authorized foreign  corporation  served
 upon  him  or  HER,  AND/OR  THE EMAIL ADDRESS TO WHICH THE SECRETARY OF
 STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE AND/OR which changes
 the address of its  registered  agent,  provided  such  address  is  the
 address  of a person, partnership or other corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNERSHIP  OR  CORPORATION
 WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE EMAIL ADDRESS TO BE CHANGED,
 AND/OR who has been designated as registered agent for  such  authorized
 foreign  corporation,  may  be signed and delivered to the department of
 state by such agent.  The  certificate  of  change  of  application  for
 authority  shall  set  forth the statements required under subparagraphs
 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of
 the proposed change was mailed by the party signing the  certificate  to
 the  authorized  foreign  corporation not less than thirty days prior to
 the date of delivery to the department and that such corporation has not
 objected thereto; and that the party  signing  the  certificate  is  the
 agent  of  such  foreign  corporation  to whose address the secretary of
 state is required to mail copies of process [or], AND/OR  THE  AGENT  OF
 SUCH  FOREIGN  CORPORATION TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT  PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED ON THE SECRETARY OF STATE AND/OR the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered

 S. 2508--A                         31                         A. 3008--A
 
 under  this paragraph shall not be deemed to effect a change of location
 of the office of the corporation in whose  behalf  such  certificate  is
 filed.
   §  13.  Subparagraph  6  of paragraph (a) and paragraph (d) of section
 1310 of the business corporation law, the opening paragraph of paragraph
 (d) as amended by chapter 172 of the laws of 1999, are amended  to  read
 as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (d)  The  post office address AND/OR THE EMAIL ADDRESS specified under
 subparagraph (6) of paragraph (a) of this  section  may  be  changed.  A
 certificate,  entitled  "Certificate  of  amendment  of  certificate  of
 surrender of authority of ........ (name of corporation)  under  section
 1310  of  the  Business Corporation Law", shall be signed as provided in
 paragraph (a) of this section and delivered to the department of  state.
 It shall set forth:
   (1) The name of the foreign corporation.
   (2) The jurisdiction of its incorporation.
   (3)  The  date  its certificate of surrender of authority was filed by
 the department of state.
   (4) The changed post office address, within or without this state,  to
 which the secretary of state shall mail a copy of any process against it
 served  upon  him  OR  HER AND/OR THE CHANGED EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 14. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 1311. Termination of existence.
   When  an  authorized foreign corporation is dissolved or its authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its incorporation or when such foreign corporation  is  merged  into  or
 consolidated  with  another  foreign  corporation,  a certificate of the
 secretary of state, or official performing the equivalent function as to
 corporate records, of the jurisdiction of incorporation of such  foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution  of  such foreign corporation, the termination of its exist-
 ence or the cancellation of its authority  shall  be  delivered  to  the
 department  of  state.  The  filing  of the certificate, order or decree
 shall have the same effect as the filing of a certificate  of  surrender
 of  authority under section 1310 (Surrender of authority). The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b) of section 306 (Service  of  process),  in  any  action  or  special
 proceeding  based  upon  any  liability  or  obligation  incurred by the
 foreign corporation within this  state  prior  to  the  filing  of  such
 certificate,  order  or decree and he OR SHE shall promptly cause a copy
 of any such process to be mailed by [registered] CERTIFIED mail,  return
 receipt  requested,  to  such  foreign  corporation  at  the post office
 address on file in his OR HER office specified for  such  purpose  OR  A
 NOTICE  OF  THE  FACT  THAT PROCESS AGAINST SUCH FOREIGN CORPORATION HAS
 BEEN SERVED ON HIM OR HER TO BE EMAILED TO THE  FOREIGN  CORPORATION  AT
 THE  EMAIL  ADDRESS  ON  FILE  IN  HIS  OR HER OFFICE SPECIFIED FOR SUCH

 S. 2508--A                         32                         A. 3008--A
 
 PURPOSE.  The post office address AND/OR EMAIL ADDRESS may be changed by
 signing and delivering to the  department  of  state  a  certificate  of
 change  setting  forth  the  statements  required  under  section 1309-A
 (Certificate  of change; contents) to effect a change in the post office
 address AND/OR EMAIL ADDRESS under subparagraph (a) [(4)] (7) OR (10) of
 section 1308 (Amendments or changes).
   § 15. Subdivisions 2 and 3 of section 18 of the  general  associations
 law,  as  amended by chapter 13 of the laws of 1938, are amended to read
 as follows:
   2.  Every association doing business within this state shall  file  in
 the  department of state a certificate in its associate name, signed and
 acknowledged by its president, or a  vice-president,  or  secretary,  or
 treasurer,  or  managing director, or trustee, designating the secretary
 of state as an agent upon whom  process  in  any  action  or  proceeding
 against  the  association  may  be served within this state, and setting
 forth an address to which the secretary of state shall mail  a  copy  of
 any  process against the association which may be served upon him OR HER
 pursuant to law.  THE ASSOCIATION MAY INCLUDE AN EMAIL ADDRESS TO  WHICH
 THE  SECRETARY  OF  STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR  HER.  Annexed  to
 the  certificate  of  designation  shall be a statement, executed in the
 same manner as the certificate is required to  be  executed  under  this
 section, which shall set forth:
   (a)  the names and places of residence of its officers and trustees
   (b)  its principal place of business
   (c)    the  place where its office within this state is located and if
 such place be in a city, the location thereof by street  and  number  or
 other particular description.
   3. Any association, from time to time, may change the address to which
 the secretary of state is directed to mail copies of process OR SPECIFY,
 CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION HAS BEEN
 ELECTRONICALLY  SERVED  UPON  HIM  OR HER, by filing a statement to that
 effect, executed, signed and acknowledged in like manner  as  a  certif-
 icate of designation as herein provided.
   §  16. Section 19 of the general associations law, as amended by chap-
 ter 166 of the laws of 1991, is amended to read as follows:
   § 19. Service of process. Service of process  against  an  association
 upon  the secretary of state shall be made [by personally] IN THE MANNER
 PROVIDED BY SUBDIVISION ONE OR  TWO  OF  THIS  SECTION.  (1)  PERSONALLY
 delivering to and leaving with him [or a deputy secretary of state or an
 associate attorney, senior attorney or attorney in the corporation divi-
 sion  of  the department of state] OR HER OR WITH A PERSON AUTHORIZED BY
 THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE, duplicate copies of such
 process at the office of the department of state in the city of  Albany.
 At  the  time  of  such  service  the plaintiff shall pay a fee of forty
 dollars to the secretary of state which shall be a taxable disbursement.
 [If the cost of registered mail for transmitting a copy of  the  process
 shall  exceed  two dollars, an additional fee equal to such excess shall
 be paid at the time of the service of such process.]  The  secretary  of
 state shall [forthwith] PROMPTLY send by [registered] CERTIFIED mail one
 of such copies to the association at the address fixed for that purpose,
 as herein provided.  (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS
 TO  THE  DEPARTMENT  OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE
 SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM  OPERATED
 BY  THE  DEPARTMENT  OF  STATE,  PROVIDED  THE  ASSOCIATION HAS AN EMAIL

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 ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO  WHICH  THE  SECRETARY  OF
 STATE  SHALL  EMAIL  A  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED
 ELECTRONICALLY ON THE SECRETARY OF STATE. SERVICE  OF  PROCESS  ON  SUCH
 ASSOCIATION  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH PROCESS.   THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH ASSOCIATION
 HAS  BEEN  SERVED ELECTRONICALLY UPON HIM OR HER, TO SUCH ASSOCIATION AT
 THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR  THE
 PURPOSE  AND  SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCI-
 ATION. If the action or proceeding is instituted in a court  of  limited
 jurisdiction,  service  of process may be made in the manner provided in
 this section if the cause of action arose within the territorial  juris-
 diction  of  the  court and the office of the defendant, as set forth in
 its statement filed pursuant to section eighteen  of  this  chapter,  is
 within such territorial jurisdiction.
   §  17.  Paragraph  4  of subdivision (e) of section 203 of the limited
 liability company law, as added by chapter 470 of the laws of  1997,  is
 amended to read as follows:
   (4)  a  designation  of the secretary of state as agent of the limited
 liability company upon whom process against it may  be  served  and  the
 post  office address within or without this state to which the secretary
 of state shall mail a copy of any process against the limited  liability
 company  served  upon  him  or  her.  THE  LIMITED LIABILITY COMPANY MAY
 INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL  EMAIL  A
 NOTICE  OF  THE  FACT  THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER;
   § 18. Subdivision (d) of section 211 of the limited liability  company
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE LIMITED LIABILITY COMPANY HAS BEEN ELECTRONICALLY SERVED UPON HIM OR
 HER.
   § 19. Section 211-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   §  211-A.  Certificate  of change. (a) A limited liability company may
 amend its articles of organization from time to time to (i)  specify  or
 change  the  location  of  the  limited liability company's office; (ii)
 specify or change the post office address  to  which  the  secretary  of
 state  shall  mail  a  copy of any process against the limited liability
 company served upon him OR HER; [and] (iii) SPECIFY,  CHANGE  OR  DELETE
 THE  EMAIL  ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST THE LIMITED LIABILITY COMPANY HAS  BEEN
 ELECTRONICALLY  SERVED  UPON HIM OR HER; AND (IV) make, revoke or change
 the designation of a registered agent, or specify or change the  address
 of  the  registered  agent.  Any  one or more such changes may be accom-
 plished by filing a  certificate  of  change  which  shall  be  entitled
 "Certificate  of  Change  of ....... (name of limited liability company)
 under section 211-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:
   (1)  the  name  of  the  limited liability company, and if it has been
 changed, the name under which it was formed;
   (2) the date the articles of organization were filed by the department
 of state; and
   (3) each change effected thereby.
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against

 S. 2508--A                         34                         A. 3008--A
 
 a limited liability company served upon him or  HER,  AND/OR  THE  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRE-
 TARY  OF STATE AND/OR the address of the registered agent, provided such
 address being changed, AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS  THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, is the address of
 a person, partnership or corporation whose address,  as  agent,  is  the
 address to be changed or who has been designated as registered agent for
 such  limited  liability  company  may  be  signed  and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required  under subdivision (a) of this section;
 that a notice of the proposed change was mailed to the domestic  limited
 liability  company  by  the  party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that such domestic limited liability company has not  objected  thereto;
 and  that the party signing the certificate is the agent of such limited
 liability company to whose address the secretary of state is required to
 mail copies of process, AND/OR THE AGENT OF THE LIMITED LIABILITY COMPA-
 NY TO WHOSE EMAIL ADDRESS OF THE   SECRETARY OF  STATE  IS  REQUIRED  TO
 EMAIL  A  NOTICE  OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRON-
 ICALLY SERVED UPON THE SECRETARY OF STATE, or the registered  agent,  if
 such be the case. A certificate signed and delivered under this subdivi-
 sion shall not be deemed to effect a change of location of the office of
 the limited liability company in whose behalf such certificate is filed.
   §  20. Subdivision (c) of section 301 of the limited liability company
 law is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic limited liability company or a  foreign  limited  liability  company
 shall  continue  until  the  filing of a certificate OR OTHER INSTRUMENT
 under this chapter directing the mailing  to  a  different  post  office
 address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL  A  NOTICE OF THE FACT THAT PROCESS HAS BEEN ELECTRONICALLY
 SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC LIMITED LIABILITY  COMPANY
 OR FOREIGN LIMITED LIABILITY COMPANY, SHALL CONTINUE UNTIL THE FILING OF
 A  CERTIFICATE OR OTHER INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELET-
 ING SUCH EMAIL ADDRESS.
   § 21. Subdivision (a) of section 303 of the limited liability  company
 law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
 read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic  limited  liability  company or authorized foreign limited liability
 company shall be made [by personally] IN THE MANNER  PROVIDED  BY  PARA-
 GRAPH  ONE OR TWO OF THIS SUBDIVISION.  (1) PERSONALLY delivering to and
 leaving with the secretary of state or his or her deputy,  or  with  any
 person  authorized by the secretary of state to receive such service, at
 the office of the department of state in the city of  Albany,  duplicate
 copies  of such process together with the statutory fee, which fee shall
 be a taxable disbursement. Service of process on such limited  liability
 company  shall be complete when the secretary of state is so served. The
 secretary of state shall promptly send one of such copies  by  certified
 mail, return receipt requested, to such limited liability company at the
 post  office  address  on  file in the department of state specified for
 that purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE

 S. 2508--A                         35                         A. 3008--A
 
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN LIMITED
 LIABILITY COMPANY HAS AN EMAIL ADDRESS ON  FILE  IN  THE  DEPARTMENT  OF
 STATE  TO  WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY  OF  STATE.
 SERVICE  OF  PROCESS ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE
 WHEN THE SECRETARY OF STATE HAS REVIEWED AND ACCEPTED  SERVICE  OF  SUCH
 PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT
 THAT  PROCESS  AGAINST  SUCH  LIMITED  LIABILITY COMPANY HAS BEEN SERVED
 ELECTRONICALLY ON HIM OR HER TO SUCH LIMITED LIABILITY  COMPANY  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO  SUCH  LIMITED
 LIABILITY COMPANY.
   §  22. Subdivision (b) of section 304 of the limited liability company
 law is amended to read as follows:
   (b) Service of such process upon the secretary of state shall be  made
 [by  personally]  IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS
 SUBDIVISION.
   (1) PERSONALLY delivering to and leaving with the secretary  of  state
 or  his or her deputy, or with any person authorized by the secretary of
 state to receive such service, at the office of the department of  state
 in the city of Albany, a copy of such process together with the statuto-
 ry fee, which fee shall be a taxable disbursement.
   (2)  ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
 OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE  A  TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE.
   §  23.  Paragraph  4  of subdivision (a) of section 802 of the limited
 liability company law, as amended by chapter 470 of the laws of 1997, is
 amended to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER;
   § 24. Section 804-A of the limited liability company law, as added  by
 chapter 448 of the laws of 1998, is amended to read as follows:
   § 804-A. Certificate of change. (a) A foreign limited liability compa-
 ny  may  amend  its  application  for authority from time to time to (i)
 specify or change  the  location  of  the  limited  liability  company's
 office;  (ii)  specify  or  change  the post office address to which the
 secretary of state shall mail a copy of any process against the  limited
 liability company served upon him OR HER; [and] (iii) SPECIFY, CHANGE OR
 DELETE  THE  EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
 NOTICE OF THE FACT THAT PROCESS AGAINST THE  LIMITED  LIABILITY  COMPANY
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER; AND (IV) to make, revoke
 or change the designation of a registered agent, or to specify or change
 the  address  of a registered agent. Any one or more such changes may be
 accomplished by filing a certificate of change which shall  be  entitled
 "Certificate  of  Change of ........ (name of limited liability company)
 under section 804-A of the Limited Liability Company Law" and  shall  be
 signed and delivered to the department of state. It shall set forth:

 S. 2508--A                         36                         A. 3008--A
 
   (1) the name of the foreign limited liability company and, if applica-
 ble, the fictitious name the limited liability company has agreed to use
 in this state pursuant to section eight hundred two of this article;
   (2) the date its application for authority was filed by the department
 of state; and
   (3) each change effected thereby,
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited liability company served upon him or HER, AND/OR THE
 EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL  A  NOTICE  OF
 THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE
 SECRETARY OF STATE, AND/OR the address of the registered agent, provided
 such  address  being  changed is the address of a person, partnership or
 corporation whose address, as agent,  is  the  address  to  be  changed,
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR  OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, or who has been  designated  as  registered
 agent  for such limited liability company may be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 liability company by the party signing the  certificate  not  less  than
 thirty days prior to the date of delivery to the department of state and
 that  such  foreign  limited liability company has not objected thereto;
 and that the party signing the certificate is the agent of such  foreign
 limited  liability  company  to  whose address the secretary of state is
 required to mail copies of process, AND/OR THE  AGENT  OF  SUCH  FOREIGN
 LIMITED  LIABILITY COMPANY TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE
 IS REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON THE SECRETARY OF STATE, or the regis-
 tered agent, if such be the case. A  certificate  signed  and  delivered
 under  this  subdivision  shall  not  be  deemed  to  effect a change of
 location of the office of the foreign limited liability company in whose
 behalf such certificate is filed.
   § 25. Paragraph 6 of subdivision (b) of section  806  of  the  limited
 liability company law is amended to read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  or  her.   THE LIMITED LIABILITY COMPANY MAY INCLUDE AN EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   § 26. Section 807 of the limited liability company law is  amended  to
 read as follows:
   §  807.  Termination  of  existence.  When a foreign limited liability
 company that has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  canceled  in  the jurisdiction of its formation or when such foreign
 limited liability company is merged into or  consolidated  with  another
 foreign limited liability company, (a) a certificate of the secretary of
 state  or  official  performing  the  equivalent  function as to limited
 liability company records in the jurisdiction of  organization  of  such
 limited  liability company attesting to the occurrence of any such event
 or (b) a certified copy of an order or decree of a court of such  juris-
 diction  directing  the  dissolution  of  such foreign limited liability
 company, the termination of  its  existence  or  the  surrender  of  its
 authority  shall  be delivered to the department of state. The filing of

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 the certificate, order or decree shall  have  the  same  effect  as  the
 filing  of  a  certificate of surrender of authority under section eight
 hundred six of this article. The secretary of state  shall  continue  as
 agent of the foreign limited liability company upon whom process against
 it  may be served in the manner set forth in article three of this chap-
 ter, in any action or proceeding based upon any liability or  obligation
 incurred  by  the  foreign  limited  liability company within this state
 prior to the filing of such  certificate,  order  or  decree.  The  post
 office  address  AND/OR  EMAIL ADDRESS may be changed by filing with the
 department of state a  certificate  of  amendment  under  section  eight
 hundred four of this article.
   §  27.  Paragraph 11 of subdivision (a) of section 1003 of the limited
 liability company law, as amended by chapter 374 of the laws of 1998, is
 amended to read as follows:
   (11) a designation of the secretary of state as its  agent  upon  whom
 process  against  it  may  be  served in the manner set forth in article
 three of this chapter in any action or special proceeding,  and  a  post
 office  address, within or without this state, to which the secretary of
 state shall mail a copy of any process served upon  him  or  her.    THE
 LIMITED  LIABILITY  COMPANY  MAY  INCLUDE  AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM  OR  HER.  Such  post  office
 address OR EMAIL ADDRESS shall supersede any prior address designated as
 the address to which process shall be mailed OR A NOTICE EMAILED;
   §  28.  Paragraph  6 of subdivision (a) of section 1306 of the limited
 liability company law is amended to read as follows:
   (6) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process  against  it  served upon him or her. THE LIMITED LIABILITY
 COMPANY MAY INCLUDE AN EMAIL ADDRESS TO WHICH  THE  SECRETARY  OF  STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER; and
   § 29. Paragraph (d) of section 304 of the  not-for-profit  corporation
 law,  as  amended by chapter 358 of the laws of 2015, is amended to read
 as follows:
   (d) Any designated post-office address to which the secretary of state
 shall mail a copy of process served upon him or her as agent of a domes-
 tic corporation formed under article four of  this  chapter  or  foreign
 corporation,  shall  continue until the filing of a certificate OR OTHER
 INSTRUMENT under this chapter directing the mailing to a different post-
 office address AND ANY DESIGNATED EMAIL ADDRESS TO WHICH  THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER AS AGENT OF A DOMESTIC CORPORATION  OR
 FOREIGN CORPORATION, SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE OR
 OTHER  INSTRUMENT  UNDER  THIS  CHAPTER  CHANGING  OR DELETING THE EMAIL
 ADDRESS.
   § 30. Paragraph (b) of section 306 of the  not-for-profit  corporation
 law, as amended by chapter 23 of the laws of 2014, is amended to read as
 follows:
   (b)  Service of process on the secretary of state as agent of a domes-
 tic corporation formed under article four of this chapter or an  author-
 ized  foreign  corporation  shall  be made [by personally] IN THE MANNER
 PROVIDED BY SUBPARAGRAPH ONE OR TWO OF THIS  PARAGRAPH.  (1)  PERSONALLY
 delivering  to  and  leaving  with  the secretary of state or his or her
 deputy, or with any person authorized  by  the  secretary  of  state  to

 S. 2508--A                         38                         A. 3008--A
 
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement. Service of process
 on  such corporation shall be complete when the secretary of state is so
 served.  The secretary of state shall promptly send one of  such  copies
 by certified mail, return receipt requested, to such corporation, at the
 post  office  address, on file in the department of state, specified for
 the purpose. If a domestic corporation formed under article four of this
 chapter or an authorized foreign corporation has no such address on file
 in the department of state, the secretary of state shall  so  mail  such
 copy  to such corporation at the address of its office within this state
 on file in the department.  (2) ELECTRONICALLY SUBMITTING A COPY OF  THE
 PROCESS  TO  THE  DEPARTMENT  OF  STATE TOGETHER WITH THE STATUTORY FEE,
 WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN ELECTRONIC  SYSTEM
 OPERATED BY THE DEPARTMENT OF STATE, PROVIDED THE DOMESTIC OR AUTHORIZED
 FOREIGN  CORPORATION  HAS  AN EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
 STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT
 THAT  PROCESS  HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE.
 SERVICE OF PROCESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRE-
 TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE  OF  SUCH  PROCESS.  THE
 SECRETARY OF STATE SHALL PROMPTLY SEND A NOTICE OF THE FACT THAT PROCESS
 AGAINST SUCH CORPORATION HAS BEEN SERVED ELECTRONICALLY ON HIM OR HER TO
 SUCH  CORPORATION  AT  THE  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF
 STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY  OF  THE  PROCESS
 AVAILABLE TO SUCH CORPORATION.
   §  31.  Paragraph (b) of section 307 of the not-for-profit corporation
 law is amended to read as follows:
   (b) (1) Service of such process upon the secretary of state  shall  be
 made [by personally] IN THE MANNER PROVIDED BY ITEMS (I) OR (II) OF THIS
 SUBPARAGRAPH.  (I)  PERSONALLY delivering to and leaving with him or his
 deputy, or with any person authorized  by  the  secretary  of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which fee shall be a taxable disbursement. [Such service] (II) ELECTRON-
 ICALLY  SUBMITTING  A  COPY  OF  THE  PROCESS TO THE DEPARTMENT OF STATE
 TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE  DISBURSE-
 MENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF STATE.
   (2) SERVICE UNDER THIS PARAGRAPH shall be sufficient if notice thereof
 and a copy of the process are:
   [(1)]  (I)  Delivered  personally  without  this state to such foreign
 corporation by a person and in the manner authorized to serve process by
 law of the jurisdiction in which service is made, or
   [(2)] (II) Sent by or on behalf  of  the  plaintiff  to  such  foreign
 corporation  by  registered  mail  with return receipt requested, at the
 post office address specified for the purpose  of  mailing  process,  on
 file in the department of state, or with any official or body performing
 the equivalent function, in the jurisdiction of its incorporation, or if
 no  such  address  is there specified, to its registered or other office
 there specified, or if no such office is there specified,  to  the  last
 address of such foreign corporation known to the plaintiff.
   §  32.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
 profit corporation law, as added by chapter 564 of the laws of 1981  and
 as  renumbered by chapter 132 of the laws of 1985, is amended to read as
 follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office

 S. 2508--A                         39                         A. 3008--A

 address within or without this state to which  the  secretary  of  state
 shall  mail a copy of any process against it served upon him OR HER. THE
 CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE
 SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELEC-
 TRONICALLY SERVED UPON HIM OR HER.
   § 33. Paragraph (b) of section 801 of the  not-for-profit  corporation
 law is amended by adding a new paragraph 10 to read as follows:
   (10)  TO  SPECIFY,  CHANGE  OR  DELETE  THE EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE THAT PROCESS AGAINST THE  CORPO-
 RATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  34.  Paragraph (c) of section 802 of the not-for-profit corporation
 law is amended by adding a new paragraph 4 to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  35.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
 profit corporation law, as amended by chapter 23 of the laws of 2014, is
 amended to read as follows:
   (6) A designation of the secretary of state as  agent  of  the  corpo-
 ration  upon  whom  process against it may be served and the post office
 address within or without this state to which  the  secretary  of  state
 shall  mail  a copy of any process against it served upon the secretary.
 THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY  OF
 STATE  SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER.
   § 36. Paragraph (b) of section 803-A of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended  to  read
 as follows:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 the  corporation  served  upon  him  or HER, AND/OR THE EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF
 STATE, AND/OR the address of the registered agent, provided such address
 being  changed  is  the address of a person, partnership or other corpo-
 ration whose address, as agent, is  the  address  to  be  changed  [or],
 AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,
 PARTNERSHIP  OR OTHER CORPORATION, WHOSE EMAIL ADDRESS, AS AGENT, IS THE
 EMAIL ADDRESS TO BE CHANGED, AND/OR who has been  designated  as  regis-
 tered  agent  for  such  corporation, may be signed and delivered to the
 department of state by such agent. The certificate of change  shall  set
 forth  the  statements  required under subparagraphs (1), (2) and (3) of
 paragraph (a) of this section; that a notice of the proposed change  was
 mailed  to the corporation by the party signing the certificate not less
 than thirty days prior to the date of delivery  to  the  department  and
 that such corporation has not objected thereto; and that the party sign-
 ing  the  certificate  is the agent of such corporation to whose address
 the secretary of state is required to mail copies of any process against
 the corporation served upon him or HER, AND/OR THE AGENT OF  THE  CORPO-
 RATION  TO WHOSE THE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE CORPORATION HAS BEEN
 ELECTRONICALLY SERVED UPON HIM OR HER, AND/OR the registered  agent,  if
 such  be  the  case. A certificate signed and delivered under this para-
 graph shall not be deemed to effect a change of location of  the  office
 of the corporation in whose behalf such certificate is filed.

 S. 2508--A                         40                         A. 3008--A
 
   §  37. Paragraph (c) of section 1310 of the not-for-profit corporation
 law, as amended by chapter 172 of the laws of 1999, is amended and a new
 subparagraph 4 is added to paragraph (a) to read as follows:
   (4) TO SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS TO WHICH THE SECRE-
 TARY  OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
 CORPORATION HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   (c) A certificate of change of application for authority which changes
 only the post office address to which the secretary of state shall  mail
 a  copy  of any process against an authorized foreign corporation served
 upon him or HER, THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY  OF  STATE AND/OR which changes the
 address of its registered agent, provided such address is the address of
 a person, partnership or other corporation whose address, as  agent,  is
 the address to be changed, AND/OR THE EMAIL ADDRESS BEING CHANGED IS THE
 EMAIL  ADDRESS OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE EMAIL
 ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, or who  has  been
 designated  as registered agent for such authorized foreign corporation,
 may be signed and delivered to the department of state  by  such  agent.
 The  certificate  of change of application for authority shall set forth
 the statements required under subparagraphs (1), (2),  (3)  and  (4)  of
 paragraph  (b) of this section; that a notice of the proposed change was
 mailed by the party signing the certificate to  the  authorized  foreign
 corporation  not  less than thirty days prior to the date of delivery to
 the department and that such corporation has not objected  thereto;  and
 that  the  party  signing  the  certificate is the agent of such foreign
 corporation to whose address the secretary of state is required to  mail
 copies  of process [or], AND/OR THE AGENT OF SUCH FOREIGN CORPORATION TO
 WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS REQUIRED TO EMAIL A NOTICE
 OF THE FACT THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED  UPON
 THE  SECRETARY  OF  STATE,  AND/OR  the registered agent, if such be the
 case. A certificate signed and delivered under this paragraph shall  not
 be  deemed  to  effect  a change of location of the office of the corpo-
 ration in whose behalf such certificate is filed.
   § 38. Subparagraph 6 of paragraph (a) of section 1311 of the  not-for-
 profit corporation law is amended to read as follows:
   (6)  A  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon  him  OR HER. THE CORPORATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH
 THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF  THE  FACT  THAT  PROCESS
 AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  39.  Section 1312 of the not-for-profit corporation law, as amended
 by chapter 375 of the laws of 1998, is amended to read as follows:
 § 1312. Termination of existence.
   When an authorized foreign corporation is dissolved or  its  authority
 or existence is otherwise terminated or cancelled in the jurisdiction of
 its  incorporation  or  when  such foreign corporation is merged into or
 consolidated with another foreign  corporation,  a  certificate  of  the
 secretary of state, or official performing the equivalent function as to
 corporate  records, of the jurisdiction of incorporation of such foreign
 corporation attesting to the occurrence of any such event or a certified
 copy of an order or decree of a court of such jurisdiction directing the
 dissolution of such foreign corporation, the termination of  its  exist-
 ence  or  the  cancellation  of  its authority shall be delivered to the
 department of state.  The filing of the  certificate,  order  or  decree
 shall  have  the same effect as the filing of a certificate of surrender

 S. 2508--A                         41                         A. 3008--A

 of authority under section 1311 (Surrender of authority).  The secretary
 of state shall continue as agent of the foreign  corporation  upon  whom
 process  against  it  may be served in the manner set forth in paragraph
 (b)  of  section  306  (Service  of  process),  in any action or special
 proceeding based upon  any  liability  or  obligation  incurred  by  the
 foreign  corporation  within  this  state  prior  to  the filing of such
 certificate, order or decree and he shall promptly cause a copy  of  any
 such process to be mailed by [registered] CERTIFIED mail, return receipt
 requested,  to  such  foreign  corporation at the post office address on
 file in his OR HER office specified for such purpose OR A NOTICE OF  THE
 FACT  THAT PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ON HIM OR HER
 TO BE EMAILED TO THE FOREIGN CORPORATION AT THE EMAIL ADDRESS ON FILE IN
 HIS OR HER OFFICE SPECIFIED FOR SUCH PURPOSE.  The post  office  address
 AND/OR  EMAIL  ADDRESS  may  be changed by signing and delivering to the
 department of state a certificate of change setting forth the statements
 required under section 1310  (Certificate  of  change[,];  contents)  to
 effect  a  change  in the post office address AND/OR EMAIL ADDRESS under
 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes).
   § 40. Subdivision (c) of section 121-104 of the  partnership  law,  as
 added by chapter 950 of the laws of 1990, is amended to read as follows:
   (c) Any designated post office address to which the secretary of state
 shall  mail  a  copy  of  process served upon him as agent of a domestic
 limited partnership or foreign limited partnership shall continue  until
 the  filing  of  a  certificate  OR  OTHER INSTRUMENT under this article
 directing the mailing to a different post office address AND ANY  DESIG-
 NATED EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE
 OF  THE  FACT  THAT PROCESS AGAINST SUCH DOMESTIC LIMITED PARTNERSHIP OR
 FOREIGN LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON  HIM  OR
 HER  AS AGENT OF A DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED PART-
 NERSHIP, SHALL CONTINUE UNTIL THE  FILING  OF  A  CERTIFICATE  OR  OTHER
 INSTRUMENT UNDER THIS CHAPTER CHANGING OR DELETING THE EMAIL ADDRESS.
   §  41. Subdivision (a) and the opening paragraph of subdivision (b) of
 section 121-109 of the partnership law, as added by chapter 950  of  the
 laws  of  1990 and as relettered by chapter 341 of the laws of 1999, are
 amended to read as follows:
   (a) Service of process on the secretary of state as agent of a  domes-
 tic or authorized foreign limited partnership shall be made [as follows]
 IN THE MANNER PROVIDED BY PARAGRAPH ONE OR TWO OF THIS SUBDIVISION:
   (1)  By personally delivering to and leaving with him OR HER or his OR
 HER deputy, or with any person authorized by the secretary of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, duplicate copies of such process together with the stat-
 utory fee, which fee shall be a taxable disbursement.
   [(2)] The service on the limited  partnership  is  complete  when  the
 secretary of state is so served.
   [(3)] The secretary of state shall promptly send one of such copies by
 certified mail, return receipt requested, addressed to the limited part-
 nership  at the post office address, on file in the department of state,
 specified for that purpose.
   (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE  DEPARTMENT
 OF  STATE  TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
 DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
 STATE, PROVIDED THE DOMESTIC OR AUTHORIZED FOREIGN  LIMITED  PARTNERSHIP
 HAS  AN  EMAIL  ADDRESS  ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  HAS
 BEEN  SERVED  ELECTRONICALLY  ON THE SECRETARY OF STATE AS AGENT OF SUCH

 S. 2508--A                         42                         A. 3008--A
 
 DOMESTIC OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP. SERVICE  OF  PROCESS
 ON  SUCH  LIMITED  PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP
 SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND  ACCEPTED
 SERVICE  OF  SUCH  PROCESS. THE SECRETARY OF STATE SHALL PROMPTLY SEND A
 NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED TO SUCH LIMITED PARTNER-
 SHIP AT THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE,  SPECIFIED
 FOR  THE  PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH
 LIMITED PARTNERSHIP OR AUTHORIZED FOREIGN LIMITED PARTNERSHIP.
   In any case in  which  a  non-domiciliary  would  be  subject  to  the
 personal or other jurisdiction of the courts of this state under article
 three of the civil practice law and rules, a foreign limited partnership
 not  authorized to do business in this state is subject to a like juris-
 diction. In any such case, process against such foreign limited partner-
 ship may be served upon the secretary of state as its agent. Such  proc-
 ess  may  issue  in  any  court in this state having jurisdiction of the
 subject matter.  Service of process upon the secretary of state shall be
 made [by personally] IN THE MANNER PROVIDED BY PARAGRAPH ONE OR  TWO  OF
 THIS  SUBDIVISION.  (1) PERSONALLY delivering to and leaving with him or
 his deputy, or with any person authorized by the secretary of  state  to
 receive  such  service,  at the office of the department of state in the
 city of Albany, a copy of such process together with the statutory  fee,
 which  fee  shall be a taxable disbursement.  (2) ELECTRONICALLY SUBMIT-
 TING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE TOGETHER WITH  THE
 STATUTORY  FEE,  WHICH  FEE  SHALL BE A TAXABLE DISBURSEMENT, THROUGH AN
 ELECTRONIC SYSTEM OPERATED BY THE  DEPARTMENT  OF  STATE.  Such  service
 shall be sufficient if notice thereof and a copy of the process are:
   §  42.  Paragraph 3 of subdivision (a) of section 121-201 of the part-
 nership law, as amended by chapter 264 of the laws of 1991,  is  amended
 to read as follows:
   (3)  a  designation  of the secretary of state as agent of the limited
 partnership upon whom process against it may  be  served  and  the  post
 office  address  within  or without this state to which the secretary of
 state shall mail a copy of any process against it  served  upon  him  OR
 HER.  THE  LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   § 43. Paragraph 4 of subdivision (b) of section 121-202 of  the  part-
 nership  law,  as amended by chapter 576 of the laws of 1994, is amended
 to read as follows:
   (4) a change in the name of the limited partnership, or  a  change  in
 the  post  office  address  to which the secretary of state shall mail a
 copy of any process against the limited partnership  served  on  him  OR
 HER, A CHANGE IN THE EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL  A NOTICE OF THE FACT THAT PROCESS AGAINST THE LIMITED PARTNERSHIP
 HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER, or a change in the  name
 or  address  of  the registered agent, if such change is made other than
 pursuant to section 121-104 or 121-105 of this article.
   § 44. The opening paragraph of subdivision (a) and subdivision (b)  of
 section 121-202-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A certificate of limited partnership may be changed by filing with the
 department  of  state  a  certificate of change entitled "Certificate of
 Change of ..... (name of limited partnership) under Section 121-202-A of
 the Revised Limited Partnership Act" and shall be signed  and  delivered
 to  the  department of state. A certificate of change may (i) specify or
 change the location of the limited partnership's office; (ii) specify or

 S. 2508--A                         43                         A. 3008--A
 
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;
 [and] (iii) SPECIFY, CHANGE OR DELETE THE EMAIL  ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND (IV) make, revoke or change the designation of a  registered  agent,
 or  to  specify  or change the address of its registered agent. It shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a limited partnership served upon him or   HER,  THE  EMAIL  ADDRESS  TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS  AGAINST  IT  HAS  BEEN  ELECTRONICALLY SERVED UPON THE SECRETARY OF
 STATE, AND/OR the address of the registered agent, provided such address
 being changed is the address of a  person,  partnership  or  corporation
 whose  address, as agent, is the address to be changed, AND/OR THE EMAIL
 ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A PERSON,  PARTNERSHIP  OR
 OTHER CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO
 BE  CHANGED,  or  who  has  been designated as registered agent for such
 limited partnership shall be signed and delivered to the  department  of
 state  by  such  agent.  The  certificate  of change shall set forth the
 statements required under subdivision (a) of this section; that a notice
 of the proposed change was mailed to the domestic limited partnership by
 the party signing the certificate not less than thirty days prior to the
 date of delivery to the department  of  state  and  that  such  domestic
 limited partnership has not objected thereto; and that the party signing
 the  certificate  is  the  agent  of  such  limited partnership to whose
 address the secretary of state is required to  mail  copies  of  process
 [or],  AND/OR THE AGENT TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED TO EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS  BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent,  if  such  be  the case. A certificate signed and delivered under
 this subdivision shall not be deemed to effect a change of  location  of
 the  office  of the limited partnership in whose behalf such certificate
 is filed.
   § 45. Paragraph 4 of subdivision (a) of section 121-902 of  the  part-
 nership  law,  as amended by chapter 172 of the laws of 1999, is amended
 to read as follows:
   (4) a designation of the secretary of state as  its  agent  upon  whom
 process  against  it may be served and the post office address within or
 without this state to which the secretary of state shall mail a copy  of
 any  process against it served upon him  OR HER. THE LIMITED PARTNERSHIP
 MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL
 A NOTICE OF THE FACT THAT PROCESS AGAINST  IT  HAS  BEEN  ELECTRONICALLY
 SERVED UPON HIM OR HER;
   §  46. The opening paragraph of subdivision (a) and subdivision (b) of
 section 121-903-A of the partnership law, as added by chapter 448 of the
 laws of 1998, are amended to read as follows:
   A foreign limited partnership may change its application for authority
 by filing with the department of state a certificate of change  entitled
 "Certificate  of  Change of ........ (name of limited partnership) under
 Section 121-903-A of the Revised Limited Partnership Act" and  shall  be
 signed and delivered to the department of state. A certificate of change
 may  (i)  change  the location of the limited partnership's office; (ii)
 change the post office address to which the  secretary  of  state  shall
 mail  a copy of process against the limited partnership served upon him;

 S. 2508--A                         44                         A. 3008--A
 
 [and] (iii)  SPECIFY, CHANGE OR DELETE THE EMAIL ADDRESS  TO  WHICH  THE
 SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST
 THE  LIMITED PARTNERSHIP HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
 AND  (IV)  make, revoke or change the designation of a registered agent,
 or to specify or change the address of its registered  agent.  It  shall
 set forth:
   (b) A certificate of change which changes only the post office address
 to which the secretary of state shall mail a copy of any process against
 a  foreign  limited partnership served upon him or HER, AND/OR THE EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY OF STATE, AND/OR the address of the registered agent, provided such
 address  being changed is the address of a person, partnership or corpo-
 ration whose address, as agent, is the address to be changed, AND/OR THE
 EMAIL ADDRESS BEING CHANGED IS THE EMAIL ADDRESS OF A  PERSON,  PARTNER-
 SHIP  OR  OTHER  CORPORATION WHOSE EMAIL ADDRESS, AS AGENT, IS THE EMAIL
 ADDRESS TO BE CHANGED, or who has been designated  as  registered  agent
 for  such  foreign  limited partnership shall be signed and delivered to
 the department of state by such agent. The certificate of  change  shall
 set forth the statements required under subdivision (a) of this section;
 that  a  notice of the proposed change was mailed to the foreign limited
 partnership by the party signing the certificate not  less  than  thirty
 days  prior  to the date of delivery to the department of state and that
 such foreign limited partnership has not objected thereto; and that  the
 party signing the certificate is the agent of such foreign limited part-
 nership  to  whose  address  the  secretary of state is required to mail
 copies of process [or], THE EMAIL ADDRESS OF THE PARTY  TO  WHOSE  EMAIL
 ADDRESS  THE SECRETARY OF STATE IS REQUIRED TO MAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON  THE  SECRE-
 TARY  OF  STATE  AND/OR  the  registered  agent,  if such be the case. A
 certificate signed and delivered under this  subdivision  shall  not  be
 deemed to effect a change of location of the office of the limited part-
 nership in whose behalf such certificate is filed.
   §  47.  Paragraph 6 of subdivision (b) of section 121-905 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (6)  a  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process  against  it  served
 upon him OR HER. THE LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO
 WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER.
   §  48.  Section  121-906 of the partnership law, as amended by chapter
 172 of the laws of 1999, is amended to read as follows:
   § 121-906. Termination of existence. When a foreign  limited  partner-
 ship  which  has received a certificate of authority is dissolved or its
 authority to conduct its business or existence is  otherwise  terminated
 or  cancelled  in  the  jurisdiction  of  its  organization or when such
 foreign limited partnership is merged into or consolidated with  another
 foreign  limited  partnership,  (i)  a  certificate  of the secretary of
 state, or official performing the  equivalent  function  as  to  limited
 partnership records, in the jurisdiction of organization of such limited
 partnership  attesting  to  the  occurrence of any such event, or (ii) a
 certified copy of an order or decree of a  court  of  such  jurisdiction
 directing  the  dissolution  of  such  foreign  limited partnership, the
 termination of its existence or the surrender of its authority, shall be
 delivered to the department of state. The  filing  of  the  certificate,

 S. 2508--A                         45                         A. 3008--A
 
 order  or  decree  shall have the same effect as the filing of a certif-
 icate of surrender of authority under section 121-905 of  this  article.
 The  secretary  of  state shall continue as agent of the foreign limited
 partnership upon whom process against it may be served in the manner set
 forth  in  section  121-109 of this article, in any action or proceeding
 based upon any liability or obligation incurred by the  foreign  limited
 partnership  within  this state prior to the filing of such certificate,
 order or decree. The post office address AND/OR  EMAIL  ADDRESS  may  be
 changed  by  filing with the department of state a certificate of amend-
 ment under section 121-903 or a  certificate  of  change  under  section
 121-903-A of this article.
   §  49. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
 nership law, as added by chapter 950 of the laws of 1990, is amended  to
 read as follows:
   (7)  A  designation  of  the secretary of state as its agent upon whom
 process against it may be served in the  manner  set  forth  in  section
 121-109  of this article in any action or special proceeding, and a post
 office address, within or without this state, to which the secretary  of
 state  shall  mail  a  copy  of  any process served upon him OR HER. THE
 LIMITED PARTNERSHIP MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE  SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Such post office address  OR
 EMAIL  ADDRESS  shall  supersede  any  prior  address  designated as the
 address to which process shall be mailed OR A NOTICE EMAILED.
   § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and  subdivi-
 sion  (j-1) of section 121-1500 of the partnership law, paragraph (I) of
 subdivision (a) as amended by chapter 643 of the laws  of  1995  and  as
 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as
 added  by  chapter  448  of  the  laws  of  1998, are amended to read as
 follows:
   (4) a designation of the secretary of state as agent of  the  partner-
 ship without limited partners upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE PARTNERSHIP WITHOUT LIMITED PARTNERS MAY INCLUDE  AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (j-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a registered limited liability partnership served  upon  him  or
 HER,  AND/OR  THE  EMAIL  ADDRESS  TO WHICH THE SECRETARY OF STATE SHALL
 EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT  HAS  BEEN  ELECTRON-
 ICALLY  SERVED  UPON  THE  SECRETARY OF STATE, AND/OR the address of the
 registered agent, provided such address being changed is the address  of
 a  person,  partnership  or  corporation whose address, as agent, is the
 address to be changed [or], AND/OR THE EMAIL ADDRESS  BEING  CHANGED  IS
 THE  EMAIL  ADDRESS  OF A PERSON, PARTNERSHIP OR OTHER CORPORATION WHOSE
 EMAIL ADDRESS, AS AGENT, IS THE EMAIL ADDRESS TO BE CHANGED, AND/OR  who
 has  been  designated  as  registered  agent for such registered limited
 liability partnership shall be signed and delivered to the department of
 state by such agent. The certificate of change shall set forth: (i)  the
 name of the registered limited liability partnership and, if it has been
 changed,  the  name under which it was originally filed with the depart-
 ment of state; (ii) the date of filing of its  initial  registration  or
 notice statement; (iii) each change effected thereby; (iv) that a notice
 of  the  proposed change was mailed to the limited liability partnership

 S. 2508--A                         46                         A. 3008--A
 
 by the party signing the certificate not less than thirty days prior  to
 the  date  of  delivery to the department of state and that such limited
 liability partnership has not objected thereto; and (v) that  the  party
 signing  the certificate is the agent of such limited liability partner-
 ship to whose address the secretary of state is required to mail  copies
 of process [or], AND/OR TO WHOSE EMAIL ADDRESS THE SECRETARY OF STATE IS
 REQUIRED  TO  MAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS BEEN
 ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, AND/OR the registered
 agent, if such be the case. A certificate  signed  and  delivered  under
 this  subdivision  shall not be deemed to effect a change of location of
 the office of the limited liability partnership  in  whose  behalf  such
 certificate  is filed. The certificate of change shall be accompanied by
 a fee of five dollars.
   § 51. Paragraph (v)  of  subdivision  (a)  and  subdivision  (i-1)  of
 section  121-1502  of  the partnership law, paragraph (v) of subdivision
 (a) as amended by chapter 470 of the laws of 1997 and subdivision  (i-1)
 as  added  by  chapter  448  of the laws of 1998, are amended to read as
 follows:
   (v) a designation of the secretary of state as agent  of  the  foreign
 limited liability partnership upon whom process against it may be served
 and  the  post  office address within or without this state to which the
 secretary of state shall mail a copy of any process against it or served
 upon it. THE FOREIGN LIMITED LIABILITY PARTNERSHIP MAY INCLUDE AN  EMAIL
 ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF THE FACT
 THAT PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON HIM OR HER;
   (i-1)  A  certificate  of  change  which  changes only the post office
 address to which the secretary of state shall mail a copy of any process
 against a New York  registered  foreign  limited  liability  partnership
 served  upon him or HER, AND/OR THE EMAIL ADDRESS TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS  AGAINST  IT  HAS
 BEEN  ELECTRONICALLY  SERVED  UPON  THE  SECRETARY  OF STATE, AND/OR the
 address of the registered agent, provided such address being changed  is
 the  address  of  a person, partnership or corporation whose address, as
 agent, is the address to be changed [or], AND/OR THE EMAIL ADDRESS BEING
 CHANGED IS THE EMAIL ADDRESS OF A PERSON, PARTNERSHIP  OR  OTHER  CORPO-
 RATION  WHOSE  EMAIL  ADDRESS,  AS  AGENT,  IS  THE  EMAIL ADDRESS TO BE
 CHANGED, AND/OR who has been designated  as  registered  agent  of  such
 registered  foreign  limited  liability  partnership shall be signed and
 delivered to the department of state by such agent. The  certificate  of
 change  shall set forth: (i) the name of the New York registered foreign
 limited liability partnership; (ii) the date of filing  of  its  initial
 registration  or  notice  statement; (iii) each change effected thereby;
 (iv) that a notice of the proposed change  was  mailed  to  the  limited
 liability partnership by the party signing the certificate not less than
 thirty days prior to the date of delivery to the department of state and
 that  such  limited  liability partnership has not objected thereto; and
 (v) that the party signing the certificate is the agent of such  limited
 liability  partnership  to  whose  address  the  secretary  of  state is
 required to mail copies of process [or], AND/OR TO WHOSE  EMAIL  ADDRESS
 THE  SECRETARY  OF  STATE  IS REQUIRED TO MAIL A NOTICE OF THE FACT THAT
 PROCESS AGAINST IT HAS BEEN ELECTRONICALLY SERVED UPON THE SECRETARY  OF
 STATE,  AND/OR  the registered agent, if such be the case. A certificate
 signed and delivered under this  subdivision  shall  not  be  deemed  to
 effect a change of location of the office of the limited liability part-
 nership  in  whose  behalf such certificate is filed. The certificate of
 change shall be accompanied by a fee of five dollars.

 S. 2508--A                         47                         A. 3008--A
 
   § 52. Subdivision (a) of section 121-1505 of the partnership  law,  as
 added by chapter 470 of the laws of 1997, is amended to read as follows:
   (a)  Service of process on the secretary of state as agent of a regis-
 tered limited liability  partnership  OR  NEW  YORK  REGISTERED  FOREIGN
 LIMITED  LIABILITY  PARTNERSHIP  under  this  article  shall be made [by
 personally] IN THE MANNER PROVIDED BY  PARAGRAPH  ONE  OR  TWO  OF  THIS
 SUBDIVISION. (1) PERSONALLY delivering to and leaving with the secretary
 of  state or a deputy, or with any person authorized by the secretary of
 state to receive such service, at the office of the department of  state
 in  the  city  of Albany, duplicate copies of such process together with
 the statutory fee, which fee shall be a taxable disbursement. Service of
 process on  such  registered  limited  liability  partnership  shall  be
 complete  when  the  secretary  of  state is so served. The secretary of
 state shall promptly send one of such copies by certified  mail,  return
 receipt  requested, to such registered limited liability partnership, at
 the post office address on file in the department of state specified for
 such purpose. (2) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE REGISTERED LIMITED LIABILITY  PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS AN
 EMAIL  ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRETARY
 OF STATE SHALL EMAIL A NOTICE OF THE  FACT  THAT  PROCESS  AGAINST  SUCH
 REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
 LIMITED LIABILITY PARTNERSHIP SERVED HAS BEEN ELECTRONICALLY  SERVED  ON
 THE  SECRETARY  OF  STATE. SERVICE OF PROCESS ON SUCH REGISTERED LIMITED
 LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN  LIMITED  LIABILITY
 PARTNERSHIP  SHALL  BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED
 AND ACCEPTED SERVICE OF SUCH  PROCESS.  THE  SECRETARY  OF  STATE  SHALL
 PROMPTLY  SEND A NOTICE OF THE FACT THAT PROCESS AGAINST SUCH REGISTERED
 LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
 LIABILITY PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY UPON HIM OR HER, TO
 SUCH  REGISTERED  LIMITED  LIABILITY  PARTNERSHIP OR NEW YORK REGISTERED
 FOREIGN LIMITED LIABILITY PARTNERSHIP AT THE EMAIL ADDRESS  ON  FILE  IN
 THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY
 OF  THE  PROCESS AVAILABLE TO SUCH REGISTERED LIMITED LIABILITY PARTNER-
 SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP.
   § 53. Subdivision 7 of section 339-n of  the  real  property  law,  as
 amended  by  chapter  346  of  the  laws  of 1997, is amended to read as
 follows:
   7. A designation of the secretary of state as agent of the corporation
 or board of managers upon whom process against it may be served AND  THE
 POST  OFFICE ADDRESS WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY
 OF STATE SHALL MAIL A COPY OF ANY PROCESS AGAINST IT SERVED UPON HIM  OR
 HER. THE DESIGNATION MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRETARY
 OF  STATE  SHALL  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST IT HAS
 BEEN ELECTRONICALLY SERVED UPON HIM OR HER. Service of  process  on  the
 secretary  of  state  as  agent of such corporation or board of managers
 shall be made [personally] IN THE MANNER PROVIDED BY  PARAGRAPH  (A)  OR
 (B)  OF  THIS SUBDIVISION. (A) PERSONALLY delivering to and leaving with
 him or her or his or her deputy, or with any person  authorized  by  the
 secretary of state to receive such service, at the office of the depart-
 ment  of  state  in the city of Albany, duplicate copies of such process
 together with the statutory fee, which shall be a taxable  disbursement.
 Service  of  process  on  such corporation or board of managers shall be
 complete when the secretary of state is  so  served.  The  secretary  of

 S. 2508--A                         48                         A. 3008--A
 
 state  shall  promptly send one of such copies by certified mail, return
 receipt requested, to such corporation or board of managers, at the post
 office address, on file in the department of state, specified  for  such
 purpose.  (B)  ELECTRONICALLY  SUBMITTING  A  COPY OF THE PROCESS TO THE
 DEPARTMENT OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL  BE
 A  TAXABLE  DISBURSEMENT,  THROUGH  AN ELECTRONIC SYSTEM OPERATED BY THE
 DEPARTMENT OF STATE, PROVIDED THE CORPORATION OR BOARD OF  MANAGERS  HAS
 AN  EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE TO WHICH THE SECRE-
 TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST  THE
 CORPORATION  OR  BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY ON THE
 SECRETARY OF STATE.  SERVICE OF PROCESS ON SUCH CORPORATION OR BOARD  OF
 MANAGERS  SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS REVIEWED AND
 ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE SHALL  PROMPTLY
 SEND  NOTICE  OF THE FACT THAT PROCESS HAS BEEN SERVED ELECTRONICALLY ON
 THE SECRETARY OF STATE TO SUCH CORPORATION OR BOARD OF MANAGERS  AT  THE
 EMAIL  ADDRESS  ON  FILE  IN  THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE  TO  SUCH  CORPO-
 RATION  OR  BOARD  OF MANAGERS. Nothing in this subdivision shall affect
 the right to serve process in any other manner permitted by  law.    The
 corporation  or  board of managers shall also file with the secretary of
 state the name and post office address within or without this  state  to
 which the secretary of state shall mail a copy of any process against it
 served upon the secretary of state and shall update the filing as neces-
 sary.
   § 54. This act shall take effect January 1, 2023.
 
                                  PART P
 
   Section  1. The executive law is amended by adding a new section 142-b
 to read as follows:
   § 142-B. REMOTE NOTARIZATION. 1. DEFINITIONS. AS USED IN THIS SECTION,
 THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
   (A) "AUDIO-VIDEO COMMUNICATION" MEANS BEING ABLE  TO  SEE,  HEAR,  AND
 COMMUNICATE WITH ANOTHER INDIVIDUAL IN REAL TIME USING ELECTRONIC MEANS.
   (B)  "CREDENTIAL"  MEANS  A  GOVERNMENT-ISSUED IDENTIFICATION DOCUMENT
 THAT  INCLUDES  THE  PRINCIPAL'S  PHOTOGRAPH,  SIGNATURE,  AND  MULTIPLE
 CREDENTIAL  SECURITY  FEATURES  SUCH  AS: A HOLOGRAPHIC IMAGE, RAISED OR
 TEXTURED PRINT, MICROPRINTING, LASER ENGRAVING,  OPTICAL  VARIABLE  INK,
 LONG  LIFE  MULTI-LAYER  PET (POLYETHYLENE TEREPHTHALATE)/PVC (POLYVINYL
 CHLORIDE) CREDENTIAL BODY CONSTRUCTION, THE ISSUING  AGENCY'S  SEAL,  OR
 THE  CREDENTIAL  HOLDER'S  PHYSICAL CHARACTERISTICS (SUCH AS HEIGHT, EYE
 COLOR, HAIR COLOR).
   (C) "CREDENTIAL ANALYSIS" MEANS A PROCESS OR SERVICE  WHICH  AUTHENTI-
 CATES  A CREDENTIAL THROUGH REVIEW OF PUBLIC AND PROPRIETARY DATA SOURC-
 ES, AND COMPLIES WITH THE FOLLOWING CRITERIA:
   (I) USES AUTOMATED SOFTWARE PROCESSES TO  AID  THE  NOTARY  PUBLIC  IN
 VERIFYING THE IDENTITY OF A REMOTELY LOCATED INDIVIDUAL;
   (II) ENSURES THAT THE CREDENTIAL PASSES AN AUTHENTICITY TEST, CONSIST-
 ENT WITH SOUND COMMERCIAL PRACTICES THAT:
   (1)  USES APPROPRIATE TECHNOLOGIES TO CONFIRM THE INTEGRITY OF VISUAL,
 PHYSICAL, OR CRYPTOGRAPHIC SECURITY FEATURES;
   (2) USES APPROPRIATE TECHNOLOGIES TO CONFIRM THAT  THE  IDENTIFICATION
 CREDENTIAL IS NOT FRAUDULENT OR INAPPROPRIATELY MODIFIED;
   (3)  USES  INFORMATION  HELD  OR PUBLISHED BY THE ISSUING SOURCE OR AN
 AUTHORITATIVE SOURCE, AS AVAILABLE, TO CONFIRM THE VALIDITY OF  PERSONAL
 DETAILS AND IDENTIFICATION CREDENTIAL DETAILS; AND

 S. 2508--A                         49                         A. 3008--A
 
   (III) PROVIDES OUTPUT OF THE CREDENTIAL ANALYSIS TO THE NOTARY PUBLIC;
 AND
   (IV)  ENABLES THE NOTARY PUBLIC TO VISUALLY COMPARE THE CREDENTIAL AND
 THE REMOTELY LOCATED INDIVIDUAL AS VIEWED BY THE NOTARY PUBLIC  IN  REAL
 TIME THROUGH AUDIO-VIDEO COMMUNICATION.
   (D)  "ELECTRONIC"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
 THREE HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   (E) "ELECTRONIC RECORD" MEANS INFORMATION EVIDENCING ANY  ACT,  TRANS-
 ACTION, OCCURRENCE, EVENT OR OTHER ACTIVITY, PRODUCED OR STORED BY ELEC-
 TRONIC MEANS AND CAPABLE OF BEING ACCURATELY REPRODUCED IN FORMS PERCEP-
 TIBLE BY HUMAN SENSORY CAPABILITIES.
   (F) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
 ESS,  ATTACHED  TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND
 EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD.
   (G) "IDENTITY PROOFING" MEANS A KNOWLEDGE-BASED AUTHENTICATION PROCESS
 THROUGH WHICH A THIRD PARTY CONFIRMS THE IDENTITY OF A PRINCIPAL THROUGH
 REVIEW OF PERSONAL INFORMATION FROM PUBLIC AND PROPRIETARY DATA  SOURCES
 AS MAY BE FURTHER DEFINED BY REGULATION.
   (H)  "NOTARIAL  ACT"  MEANS  THE  PERFORMANCE  OF AN ACT AUTHORIZED BY
 SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER.
   (I) "PRINCIPAL" MEANS AN INDIVIDUAL:
   (I) WHOSE SIGNATURE IS REFLECTED ON A DOCUMENT THAT IS NOTARIZED;
   (II) WHO HAS TAKEN AN OATH OR AFFIRMATION  ADMINISTERED  BY  A  NOTARY
 PUBLIC; OR
   (III)  WHOSE  SIGNATURE  IS  REFLECTED ON A DOCUMENT THAT IS NOTARIZED
 AFTER THE INDIVIDUAL HAS TAKEN AN OATH OR AFFIRMATION ADMINISTERED BY  A
 NOTARY PUBLIC.
   (J)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
 OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
 PERCEIVABLE FORM.
   (K) "REMOTE NOTARIZATION" MEANS THE ACT OF PERFORMING ANY NOTARIAL ACT
 THAT IS AUTHORIZED UNDER SECTION ONE HUNDRED THIRTY-FIVE OF THIS CHAPTER
 WHERE A PRINCIPAL WHO IS NOT IN THE  PHYSICAL  PRESENCE  OF  THE  NOTARY
 PUBLIC OBTAINS A NOTARIAL ACT UNDER SUBDIVISION TWO OF THIS SECTION.
   (L)  "REMOTE PRESENTATION" MEANS DISPLAY OF A CREDENTIAL TO THE NOTARY
 PUBLIC THROUGH AUDIO-VIDEO COMMUNICATION IN A  MANNER  THAT  ALLOWS  THE
 NOTARY  PUBLIC  TO  COMPARE THE PRINCIPAL TO THE CREDENTIAL FACIAL IMAGE
 AND TO EXAMINE THE FRONT AND BACK OF ANY CREDENTIAL.
   (M) "WET SIGNATURE" MEANS A SIGNATURE AFFIXED  IN  INK  OR  PENCIL  OR
 OTHER MATERIAL TO A PAPER DOCUMENT.
   2. ANY NOTARY PUBLIC QUALIFIED UNDER THIS ARTICLE IS HEREBY AUTHORIZED
 TO  PERFORM  A  REMOTE  NOTARIZATION BY UTILIZING AUDIO-VIDEO TECHNOLOGY
 THAT ALLOWS THE NOTARY PUBLIC TO INTERACT  WITH  A  PRINCIPAL,  PROVIDED
 THAT ALL CONDITIONS OF THIS SUBDIVISION ARE MET.
   (A)  THE  NOTARY PUBLIC MUST VERIFY THE IDENTITY OF THE PRINCIPAL IN A
 MANNER CONSISTENT WITH THE REQUIREMENTS OF  SUBDIVISION  THREE  OF  THIS
 SECTION. A NOTARY PUBLIC MAY REQUIRE AN INDIVIDUAL TO PROVIDE ADDITIONAL
 INFORMATION OR IDENTIFICATION CREDENTIALS NECESSARY TO ASSURE THE NOTARY
 PUBLIC OF THE IDENTITY OF THE PRINCIPAL.
   (B) THE AUDIO-VIDEO CONFERENCE MUST ALLOW FOR REAL-TIME, DIRECT INTER-
 ACTION BETWEEN THE PRINCIPAL AND THE NOTARY PUBLIC.
   (C)  THE  COMMUNICATION  TECHNOLOGY  MUST  PROVIDE REASONABLE SECURITY
 MEASURES TO PREVENT UNAUTHORIZED ACCESS TO THE AUDIO-VIDEO COMMUNICATION
 AND TO THE METHODS USED TO VERIFY THE IDENTITY OF THE PRINCIPAL.
   (D) A RECORDING, CONTAINING BOTH AUDIO AND VIDEO, OF THE REMOTE NOTAR-
 IZATION MUST BE RETAINED BY THE NOTARY PUBLIC FOR AT LEAST TEN YEARS.

 S. 2508--A                         50                         A. 3008--A
 
   (E) THE NOTARY PUBLIC MUST TAKE REASONABLE  STEPS  TO  ENSURE  THAT  A
 BACKUP OF THE RECORDING OF THE REMOTE NOTARIZATION EXISTS AND IS SECURED
 FROM  UNAUTHORIZED  USE.  A NOTARY PUBLIC MAY AUTHORIZE A THIRD PARTY TO
 RETAIN SUCH RECORDINGS ON  BEHALF  OF  THE  NOTARY,  PROVIDED  THAT  ALL
 RECORDINGS  RETAINED BY A THIRD PARTY BE MADE AVAILABLE TO THE SECRETARY
 UPON REQUEST.
   (F) IF A NOTARIAL ACT IS PERFORMED UNDER  THIS  SECTION,  THE  CERTIF-
 ICATES OF AN ACKNOWLEDGMENT MUST CONFORM SUBSTANTIALLY WITH THE LANGUAGE
 IN  THIS PARAGRAPH THAT CORRESPONDS TO THE TYPE OF TRANSACTION AT ISSUE,
 THE BLANKS BEING PROPERLY FILLED.
   (1) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL  IS  LOCATED  OUTSIDE
 THE STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON  THE  ..........  DAY OF ........ IN THE YEAR .....  BEFORE ME, THE
 UNDERSIGNED,  APPEARED  THROUGH  USE  OF  AUDIO   AND   VIDEO   COMMUNI-
 CATION........,  PERSONALLY  KNOWN TO ME OR PROVED TO ME ON THE BASIS OF
 SATISFACTORY EVIDENCE TO BE THE INDIVIDUAL(S)  WHOSE  NAME(S)  IS  (ARE)
 SUBSCRIBED TO THE WITHIN INSTRUMENT, ACKNOWLEDGED TO ME THAT HE/SHE/THEY
 EXECUTED   THE   SAME   IN  HIS/HER/THEIR  CAPACITY(IES),  AND  THAT  BY
 HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE INDIVIDUAL(S), OR  THE
 PERSON  UPON  BEHALF  OF  WHICH  THE  INDIVIDUAL(S)  ACTED, EXECUTED THE
 INSTRUMENT, AND WHO DECLARED THAT (PRONOUN) (IS) (ARE)  LOCATED  IN  ...
 (JURISDICTION  AND  LOCATION  NAME)  AND THAT THIS RECORD IS TO BE FILED
 WITH OR RELATES TO A MATTER BEFORE A COURT, GOVERNMENTAL ENTITY,  PUBLIC
 OFFICIAL, OR OTHER ENTITY LOCATED IN THE TERRITORIAL JURISDICTION OF THE
 UNITED STATES, OR INVOLVES PROPERTY LOCATED IN THE TERRITORIAL JURISDIC-
 TION  OF,  OR  A  TRANSACTION  SUBSTANTIALLY  CONNECTED WITH, THE UNITED
 STATES. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (2) FOR A REMOTE NOTARIZATION WHEN THE PRINCIPAL IS LOCATED WITHIN THE
 STATE OF NEW YORK:
   STATE OF NEW YORK }SS.:
   COUNTY OF ........}
   ON THE .......... DAY OF .....   IN THE  YEAR  .....  BEFORE  ME,  THE
 UNDERSIGNED,   APPEARED   THROUGH   USE  OF  AUDIO  AND  VIDEO  COMMUNI-
 CATION........, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE  BASIS  OF
 SATISFACTORY  EVIDENCE  TO  BE  THE INDIVIDUAL(S) WHOSE NAME(S) IS (ARE)
 SUBSCRIBED  TO  THE  WITHIN  INSTRUMENT  AND  ACKNOWLEDGED  TO  ME  THAT
 HE/SHE/THEY  EXECUTED  THE SAME IN HIS/HER/THEIR CAPACITY(IES), AND THAT
 BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT, THE  INDIVIDUAL(S),  OR
 THE  PERSON  UPON  BEHALF OF WHICH THE INDIVIDUAL(S) ACTED, EXECUTED THE
 INSTRUMENT. (SIGNATURE AND OFFICE OF INDIVIDUAL TAKING ACKNOWLEDGEMENT.)
   (G) FOR RECEIPT AND CERTIFICATION OF INSTRUMENTS, THE  PRINCIPAL  MUST
 TRANSMIT  BY FAX OR ELECTRONIC MEANS A LEGIBLE COPY OF THE SIGNED SIGNA-
 TURE PAGE DIRECTLY TO THE NOTARY PUBLIC ON THE SAME DATE IT  WAS  SIGNED
 BEFORE THE NOTARY PUBLIC AFFIXES THEIR WET SIGNATURE.
   (H) THE NOTARY PUBLIC MUST BE PHYSICALLY SITUATED IN NEW YORK STATE AT
 THE TIME OF THE REMOTE NOTARIZATION.
   (I) THE NOTARY PUBLIC MUST MAINTAIN A JOURNAL OF EACH REMOTE NOTARIZA-
 TION  PERFORMED  PURSUANT  TO  THIS SECTION, WHICH UPON DEMAND, SHALL BE
 SUBJECT TO INSPECTION BY THE SECRETARY OF STATE. THE JOURNAL REQUIRED BY
 THIS SUBDIVISION SHALL BE MAINTAINED BY EACH NOTARY PUBLIC FOR  AS  LONG
 AS  SUCH NOTARY PUBLIC REMAINS IN OFFICE AND THEN FOR AN ADDITIONAL FIVE
 YEARS THEREAFTER. EACH JOURNAL ENTRY SHALL:
   (1) BE MADE CONTEMPORANEOUSLY WITH THE  PERFORMANCE  OF  THE  NOTARIAL
 ACT;

 S. 2508--A                         51                         A. 3008--A
 
   (2) INDICATE THE DATE AND APPROXIMATE TIME OF THE NOTARIAL ACT;
   (3) INDICATE THE NAME OF THE PRINCIPAL;
   (4) INDICATE THE TECHNOLOGY USED TO PERFORM THE REMOTE PRESENTATION;
   (5) INDICATE THE NUMBER AND TYPE OF NOTARIAL SERVICES PROVIDED; AND
   (6) INDICATE THE TYPE OF CREDENTIAL USED TO IDENTIFY THE PRINCIPAL.
   3.  THE NOTARY PUBLIC MUST BE ABLE TO VERIFY THE IDENTITY OF THE PRIN-
 CIPAL AT THE TIME THE NOTARIAL ACT IS PROVIDED BY ONE OF  THE  FOLLOWING
 METHODS:
   (A) THE NOTARY PUBLIC'S PERSONAL KNOWLEDGE OF THE PRINCIPAL; OR
   (B)  IDENTIFICATION  OF  THE PRINCIPAL WHO APPEARS REMOTELY BEFORE THE
 NOTARY BY MEANS OF AUDIO-VIDEO COMMUNICATION BY EACH OF THE FOLLOWING:
   (I) REMOTE PRESENTATION BY THE PRINCIPAL OF A CREDENTIAL;
   (II) CREDENTIAL ANALYSIS; AND
   (III) IDENTITY PROOFING OF THE PRINCIPAL; OR
   (C) OATH OR AFFIRMATION OF A CREDIBLE WITNESS WHO PERSONALLY KNOWS THE
 PRINCIPAL AND WHO IS EITHER PERSONALLY KNOWN TO THE NOTARY PUBLIC OR WHO
 IS IDENTIFIED BY THE NOTARY PUBLIC UNDER PARAGRAPH (B) OF THIS  SUBDIVI-
 SION.
   4.  THE NOTARY PUBLIC MAY NOTARIZE THE ELECTRONICALLY TRANSMITTED COPY
 OF THE DOCUMENT AND TRANSMIT THE DOCUMENT BACK TO THE PRINCIPAL BY MAIL,
 OR BY FAX OR SECURE ELECTRONIC MEANS. IF THE NOTARIZED DOCUMENT IS TRAN-
 SMITTED TO THE PRINCIPAL BY FAX OR SECURE ELECTRONIC MEANS,  THE  NOTARY
 PUBLIC  SHALL PROMPTLY DESTROY THE ORIGINAL AFTER RECEIVING CONFIRMATION
 OF THE TRANSMISSION. AN ELECTRONICALLY  TRANSMITTED  DOCUMENT  NOTARIZED
 PURSUANT  TO  THIS SECTION SHALL BE CONSIDERED AN ORIGINAL DOCUMENT. THE
 NOTARY PUBLIC MAY REPEAT THE NOTARIZATION OF THE ORIGINAL  SIGNED  DOCU-
 MENT  AS  OF  THE  DATE OF EXECUTION PROVIDED THE NOTARY PUBLIC RECEIVES
 SUCH ORIGINAL SIGNED DOCUMENT TOGETHER WITH THE ELECTRONICALLY NOTARIZED
 COPY WITHIN THIRTY DAYS AFTER THE DATE OF EXECUTION.
   5. NOTWITHSTANDING ARTICLE 9 OF THE REAL PROPERTY LAW OR ANY OTHER LAW
 OR REGULATION TO THE CONTRARY, ANY ACT PERFORMED IN CONFORMITY WITH THIS
 SECTION SHALL BE A PERMISSIVE  ALTERNATIVE  TO  A  PERSONAL  APPEARANCE,
 UNLESS  A  LAW EXPRESSLY EXCLUDES THE AUTHORIZATION PROVIDED FOR IN THIS
 SECTION.
   6. ANY PERSON WHO SUFFERS ACTUAL DAMAGES AS A RESULT  OF  A  PRINCIPAL
 WHO  VIOLATES  ANY OF THE PROVISIONS OF THIS SECTION, SHALL HAVE A CIVIL
 CAUSE OF ACTION AGAINST ANY SUCH  PRINCIPAL  IN  A  COURT  OF  COMPETENT
 JURISDICTION.
   7.  THE  SECRETARY  OF  STATE  MAY PROMULGATE REGULATIONS ESTABLISHING
 MINIMUM STANDARDS THAT RELATE TO REASONABLE SECURITY MEASURES TO PREVENT
 UNAUTHORIZED ACCESS TO AUDIO-VIDEO COMMUNICATION AND TO THE METHODS USED
 TO VERIFY THE IDENTITY OF THE PRINCIPAL, AND ANY OTHER MATTERS NECESSARY
 TO ADMINISTER THE PROVISIONS OF THIS SECTION.
   8. PURSUANT TO SECTION ONE HUNDRED THIRTY OF THIS ARTICLE, THE  SECRE-
 TARY  OF  STATE MAY SUSPEND OR REMOVE FROM OFFICE ANY NOTARY PUBLIC THAT
 VIOLATES THIS SECTION.
   9. NOTARIAL SIGNATURE.
   (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A  NOTARY
 PUBLIC  TO USE AN ELECTRONIC SIGNATURE TO PERFORM A REMOTE NOTARIZATION.
 EACH REMOTE NOTARIZATION SHALL BE COMPLETED BY WET SIGNATURE.
   (B) A COUNTY CLERK MAY CERTIFY PURSUANT TO SECTION ONE  HUNDRED  THIR-
 TY-THREE  OF  THIS ARTICLE THE AUTOGRAPH SIGNATURE OF A NOTARY PUBLIC ON
 ANY DOCUMENT THAT HAS BEEN REMOTELY NOTARIZED IN  COMPLIANCE  WITH  THIS
 SECTION.

 S. 2508--A                         52                         A. 3008--A
 
   10. FEES. NOTWITHSTANDING SECTION ONE HUNDRED THIRTY-SIX OF THIS ARTI-
 CLE,  A  NOTARY  PUBLIC  THAT PERFORMS A REMOTE NOTARIZATION PURSUANT TO
 THIS SECTION SHALL BE ENTITLED TO THE FOLLOWING FEES:
   (A)  FOR ADMINISTERING AN OATH OR AFFIRMATION, AND CERTIFYING THE SAME
 WHEN REQUIRED, EXCEPT WHERE ANOTHER FEE IS  SPECIFICALLY  PRESCRIBED  BY
 STATUTE, FIVE DOLLARS.
   (B) FOR TAKING AND CERTIFYING THE ACKNOWLEDGMENT OR PROOF OF EXECUTION
 OF  A WRITTEN INSTRUMENT, BY ONE PERSON, FIVE DOLLARS, AND BY EACH ADDI-
 TIONAL PERSON, FIVE DOLLARS, FOR SWEARING  EACH  WITNESS  THERETO,  FIVE
 DOLLARS.
   11. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING ANY NOTARY
 PUBLIC  TO  PERFORM A REMOTE NOTARIZATION. A NOTARY PUBLIC MAY REFUSE TO
 PERFORM A NOTARIAL ACT IF THE NOTARY PUBLIC IS NOT  SATISFIED  THAT  (I)
 THE  PRINCIPAL  IS COMPETENT OR HAS THE CAPACITY TO EXECUTE A RECORD, OR
 (II) THE PRINCIPAL'S SIGNATURE IS KNOWINGLY AND VOLUNTARILY MADE.
   § 2. Subdivision 1 of section 309-a of the real property law, as sepa-
 rately amended by chapter 179 of the laws of 1997 and chapter 596 of the
 laws of 1998, is amended to read as follows:
   1. The certificate of an  acknowledgment,  within  this  state,  of  a
 conveyance  or  other  instrument in respect to real property situate in
 this state, by a person, must conform substantially with  the  following
 form, the blanks being properly filled:
 State of New York }ss.:
 County of ........}
 On  the  ..........  day  of  ........  in the year ..... before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ........, personally known to me or proved to
 me on the basis of satisfactory evidence to be the  individual(s)  whose
 name(s) is (are) subscribed to the within instrument and acknowledged to
 me  that  he/she/they  executed the same in his/her/their capacity(ies),
 and  that  by  his/her/their  signature(s)  on   the   instrument,   the
 individual(s),  or  the  person  upon  behalf of which the individual(s)
 acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 3. Subdivision 1 of section 309-b  of  the  real  property  law,  as
 amended  by  chapter  609  of  the  laws  of 2002, is amended to read as
 follows:
   1. The certificate of an acknowledgement, without  this  state,  of  a
 conveyance  or other instrument with respect to real property situate in
 this state, by a person, may conform substantially  with  the  following
 form, the blanks being properly filled:
 State, District of Columbia, Territory, Possession, or Foreign Country
                ) ss.:
 
 On  the  _______  day  of  __________ in the year _______ before me, the
 undersigned, EITHER (I) personally appeared OR (II) APPEARED REMOTELY BY
 AUDIO AND VIDEO TECHNOLOGY ______________, personally  known  to  me  or
 proved   to  me  on  the  basis  of  satisfactory  evidence  to  be  the
 individual(s) whose name(s) is (are) subscribed to the within instrument
 and  acknowledged  to  me  that  he/she/they  executed   the   same   in
 his/her/their  capacity(ies),  and that by his/her/their signature(s) on
 the instrument, the individual(s), or the person upon  behalf  of  which
 the individual(s) acted, executed the instrument.
   (Signature and office of individual taking acknowledgement.)
   § 4. This act shall take effect immediately.

 S. 2508--A                         53                         A. 3008--A
 
                                  PART Q
 
   Section  1.  Paragraph  (b)  of subdivision 5 of section 8-0111 of the
 environmental conservation law, as amended by chapter 388 of the laws of
 2011, is amended to read as follows:
   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental compatibility and public need in articles seven, ten  and  the
 former  article  eight  of  the public service law OR REQUIRING A SITING
 PERMIT UNDER SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; or
   § 2. Paragraph (i) of subdivision 3 and paragraph (d) of subdivision 7
 of section 94-c of the executive law, as added by section 4 of part  JJJ
 of chapter 58 of the laws of 2020, is amended to read as follows:
   (i) Notwithstanding any other provision of law, rule, or regulation to
 the  contrary  and consistent with appropriations therefor, employees of
 any state agency who are necessary to the functions of  the  office  and
 who  may  be  substantially  engaged in the performance of its functions
 shall be transferred to the office in accordance with the provisions  of
 section  [seventy-eight]  SEVENTY  of  the  civil service law. Employees
 transferred pursuant  to  this  section  shall  be  transferred  without
 further  examination  or qualification and shall retain their respective
 civil service classifications. Nothing set  forth  in  this  subdivision
 shall be construed to impede, infringe, or diminish the rights and bene-
 fits  that accrue to employees through collective bargaining agreements,
 impact or change an employee's  membership  in  a  bargaining  unit,  or
 otherwise  diminish the integrity of the collective bargaining relation-
 ship.
   (d) In addition to the fees established pursuant to paragraph  (a)  of
 this  subdivision,  the office, pursuant to regulations adopted pursuant
 to this section, may assess a fee for the purpose  of  recovering  [the]
 costs the office incurs [related to reviewing and processing an applica-
 tion submitted under this section].
   §  3.  Subdivision  2-b  of  section  2  of the public service law, as
 amended by chapter 6 of the laws of 2011, is amended to read as follows:
   2-b. The term "alternate energy production  facility,"  when  used  in
 this  chapter,  includes any solar, wind turbine, fuel cell, tidal, wave
 energy, waste management resource recovery,  refuse-derived  fuel,  wood
 burning  facility,  or  energy  storage device utilizing batteries, flow
 batteries, flywheels or compressed air, together with any related facil-
 ities located at the same project  site,  with  an  electric  generating
 capacity  of  [up  to  eighty]  LESS  THAN  TWENTY-FIVE megawatts, which
 produces electricity, gas or useful thermal energy.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 3, 2020; provided,
 however,  that  section  three  of this act shall not apply to any major
 electric generating facility issued a certificate under  article  10  of
 the  public  service  law prior to such date; and provided further, that
 the amendments to section 94-c of the executive law, made by section two
 of this act, shall not affect the repeal of such section  and  shall  be
 deemed repealed therewith.
 
                                  PART R
 
   Section  1.  Notwithstanding  any  provision  of  law to the contrary,
 general, special or local, (1) a building owner is  authorized  pursuant
 to  sections  28-320-3.6  and 28-320-3.6.1 of the administrative code of
 the city of New York to deduct from the reported annual  building  emis-

 S. 2508--A                         54                         A. 3008--A
 
 sions  the  number of renewable energy credits purchased by or on behalf
 of such owner associated with energy  produced  by  a  renewable  energy
 resource  that is eligible under tier 2 of the renewable energy standard
 (RES)  adopted by the public service commission, or qualifying renewable
 energy credits made available through contracts with the New York  state
 energy  research  and  development  authority and associated with energy
 produced by offshore wind energy resources delivering into  the  zone  J
 load  zone  or  energy resources subject to tier 4 of the RES; provided,
 however, that such building owner may only use tier 2  renewable  energy
 credits  for  the  purposes  of  this  subdivision in the absence of the
 availability of such offshore wind or tier 4 renewable  energy  credits;
 and (2) renewable energy credits associated with energy produced by such
 offshore  wind,  tier 2 and tier 4 energy resources shall be treated the
 same with respect to the conversion of such credits into emissions  that
 may be deducted by such building owner.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2034.
 
                                  PART S
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 2564-a to read as follows:
   § 2564-A. ADDITIONAL POWERS OF THE CORPORATION. 1. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "PREMISES"  MEANS  ALL  BUILDINGS AND STRUCTURES NOW OR HEREAFTER
 CONSTITUTING ALL OR ANY PART OF THE JACOB K. JAVITS CONVENTION CENTER AT
 AND IN THE GENERAL VICINITY OF 655 WEST 34TH STREET AND  650  WEST  39TH
 STREET, NEW YORK, NEW YORK, TOGETHER WITH THE LANDS ON WHICH SUCH BUILD-
 INGS AND STRUCTURES ARE OR WILL BE LOCATED.
   (B)  "NEW  YORK CITY CODES" MEANS THE NEW YORK CITY CONSTRUCTION CODES
 OF TWO THOUSAND FOURTEEN, INCLUDING BUT NOT  LIMITED  TO  THE  BUILDING,
 MECHANICAL,  PLUMBING,  FUEL GAS, AND ENERGY CONSERVATION CODES; THE NEW
 YORK CITY CONSTRUCTION AND MAINTENANCE CODE OF NINETEEN  HUNDRED  SIXTY-
 EIGHT;  THE  NEW  YORK  CITY FIRE CODE OF TWO THOUSAND FOURTEEN; THE NEW
 YORK CITY ELECTRICAL CODE; THE NEW YORK CITY ENERGY CODE; TITLE  ONE  OF
 THE RULES OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS; TITLE TWO OF
 THE  RULES  OF  THE CITY OF NEW YORK BOARD OF STANDARDS AND APPEALS; AND
 TITLE THREE OF THE RULES OF THE CITY OF NEW YORK FIRE DEPARTMENT.
   (C)  "THE  UNIFORM  CODE"  MEANS  THE  NEW  YORK  STATE  UNIFORM  FIRE
 PREVENTION AND BUILDING CODE.
   (D) "THE NYS ENERGY CODE" MEANS THE NEW YORK STATE ENERGY CONSERVATION
 CONSTRUCTION CODE.
   (E) "PART TWELVE HUNDRED FOUR" MEANS PART TWELVE HUNDRED FOUR OF TITLE
 NINETEEN  OF  THE  CODES,  RULES  AND  REGULATIONS OF NEW YORK STATE, AS
 AMENDED.
   2. IN CONNECTION WITH THE OPERATIONS  AND  ONGOING  EVENTS  AND  OTHER
 ACTIVITIES  AT ANY BUILDING OR STRUCTURE CONSTITUTING ALL OR ANY PART OF
 A PREMISES, THE CORPORATION MAY, FOR PURPOSES OF SUCH PREMISES,  ACT  AS
 THE  CONSTRUCTION-PERMITTING  AGENCY PURSUANT TO ARTICLE EIGHTEEN OF THE
 EXECUTIVE LAW AND THE REGULATIONS PROMULGATED  THEREUNDER,  AS  AMENDED.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF ANY OTHER STATE OR LOCAL LAW,
 RULE OR REGULATION TO THE CONTRARY:
   (A) WHEN THE CORPORATION ACTS AS  THE  CONSTRUCTION-PERMITTING  AGENCY
 FOR  THE  PREMISES OR ANY PORTION THEREOF, THE CORPORATION MAY ELECT, IF
 DEEMED FEASIBLE AND APPROPRIATE, TO SUBJECT ALL  OR  ANY  PART  OF  SUCH
 PREMISES  AND  ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL OR ANY PART

 S. 2508--A                         55                         A. 3008--A

 OF THE PREMISES TO THE REQUIREMENTS OF  THE  NEW  YORK  CITY  CODES,  AS
 AMENDED,  INSTEAD  OF  THE  REQUIREMENTS OF THE UNIFORM CODE AND THE NYS
 ENERGY CODE, AS AMENDED, FOR SUCH PREMISES; AND
   (B)  NOTWITHSTANDING THE FACT THAT SUCH PREMISES AND ALL BUILDINGS AND
 STRUCTURES CONSTITUTING ALL OR  ANY  PART  OF  SUCH  PREMISES  SHALL  BE
 SUBJECT  TO  THE  REQUIREMENTS OF THE NEW YORK CITY CODES INSTEAD OF THE
 REQUIREMENTS OF THE UNIFORM CODE AND NYS ENERGY CODE:
   (I) THE CORPORATION SHALL BE AUTHORIZED TO:
   (A) RENDER SUCH SERVICES FOR ALL OR ANY PORTION OF ANY  SUCH  PREMISES
 WITHOUT  APPROVAL  OF  ANY  OTHER  STATE  DEPARTMENT, AGENCY, OFFICER OR
 OFFICE BUT ONLY AS DIRECTLY RELATED TO THE  AUTHORITY  GRANTED  BY  THIS
 SECTION; AND
   (B)  TAKE ALL REASONABLY REQUIRED ACTIONS TO EXECUTE ITS DUTIES AS THE
 CONSTRUCTION-PERMITTING  AGENCY,  INCLUDING  WITHOUT  LIMITATION,  THOSE
 REQUIRED  TO REVIEW, PERMIT AND INSPECT THE PREMISES AND ENFORCE THE NEW
 YORK CITY CODES; AND
   (C) ISSUE TEMPORARY PLACE OF  ASSEMBLY  PERMITS,  TEMPORARY  STRUCTURE
 PERMITS,  CONSTRUCTION PERMITS AND ALL OTHER PERMITS AVAILABLE UNDER THE
 NEW YORK CITY CODES AFTER DETERMINING ANY  REQUEST  OR  APPLICATION  FOR
 SUCH  PERMITS COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES;
 AND
   (D) ISSUE A CODE COMPLIANCE CERTIFICATE, CERTIFICATE OF OCCUPANCY,  OR
 A  TEMPORARY  APPROVAL  FOR  OCCUPANCY ALLOWING USE AND OCCUPANCY OF THE
 PREMISES OR PARTS THEREOF AFTER DETERMINING SUCH PREMISES OR PARTS THER-
 EOF COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES; AND
   (E) EMPLOY  SUCH  EXPERTS  AND  CONSULTANTS  AS  SHALL  REASONABLY  BE
 REQUIRED  TO FULFILL ITS RESPONSIBILITIES AS THE CONSTRUCTION-PERMITTING
 AGENCY; AND
   (II) THE CORPORATION SHALL CONTINUE TO ACT AS THE CONSTRUCTION-PERMIT-
 TING AGENCY FOR SUCH PREMISES  AND  FOR  ALL  BUILDINGS  AND  STRUCTURES
 CONSTITUTING  ALL OR ANY PART OF SUCH PREMISES, AND SHALL DETERMINE THAT
 THE DESIGN OF ANY SUCH BUILDING AND STRUCTURE, OR,  IF  APPLICABLE,  THE
 DESIGN  OF  ANY  PHASE  OR  PORTION  OF  ANY SUCH BUILDING OR STRUCTURE,
 COMPLIES WITH THE REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING
 A CONSTRUCTION PERMIT FOR  SUCH  BUILDING  OR  STRUCTURE,  OR  PHASE  OR
 PORTION  THEREOF,  AND  SHALL DETERMINE THAT SUCH BUILDING OR STRUCTURE,
 OR, IF APPLICABLE, ANY PHASE  OR  PORTION  THEREOF,  COMPLIES  WITH  THE
 REQUIREMENTS OF THE NEW YORK CITY CODES BEFORE ISSUING A CODE COMPLIANCE
 CERTIFICATE  OR  TEMPORARY  APPROVAL  FOR OCCUPANCY FOR SUCH BUILDING OR
 STRUCTURE, OR PHASE OR PORTION THEREOF; AND
   (III) UPON WRITTEN REQUEST OF THE CORPORATION OR ANY OTHER  INTERESTED
 PARTY  FOR A VARIANCE OR MODIFICATION OF ANY PROVISION OR REQUIREMENT OF
 ANY ONE OR MORE OF THE NEW YORK CITY  CODES,  THE  DEPARTMENT  OF  STATE
 SHALL  BE  AUTHORIZED  TO  CONSIDER  THE EVIDENCE OFFERED AND SUCH OTHER
 REPORTS, STUDIES AND OTHER INFORMATION THE DEPARTMENT OF STATE MAY  DEEM
 APPROPRIATE,  ARRANGE FOR THE REVIEW OF THE REQUEST BY OTHER STATE AGEN-
 CIES OR INTERNAL OR EXTERNAL EXPERTS AND CONSULTANTS, MAKE  FINDINGS  OF
 FACT  AND  CONCLUSIONS  OF LAW, AND RENDER A DECISION IN WRITING ON SUCH
 REQUEST, GRANTING OR DENYING, IN WHOLE OR IN PART, THE  REQUESTED  VARI-
 ANCE OR MODIFICATION, PROVIDED, HOWEVER, THAT:
   (A)  NO  SUCH  VARIANCE  OR  MODIFICATION  SHALL BE GRANTED UNLESS THE
 APPLICANT ESTABLISHES TO THE SATISFACTION OF  THE  DEPARTMENT  OF  STATE
 THAT  GRANTING SUCH VARIANCE OR MODIFICATION SHALL NOT MATERIALLY AFFECT
 ADVERSELY PROVISIONS FOR HEALTH, SAFETY AND SECURITY; AND

 S. 2508--A                         56                         A. 3008--A
 
   (B) ANY DECISION TO GRANT A VARIANCE OR MODIFICATION, IN WHOLE  OR  IN
 PART,  SHALL  ALSO  BE  NOTED ON THE APPLICABLE PLANS AND SPECIFICATIONS
 SIGNED AND SEALED BY A PROFESSIONAL ENGINEER OR ARCHITECT; AND
   (IV)  SUCH  PREMISES AND ALL BUILDINGS AND STRUCTURES CONSTITUTING ALL
 OR ANY PART OF SUCH  PREMISES  SHALL  CONTINUE  TO  BE  SUBJECT  TO  THE
 PROVISIONS  OF PART TWELVE HUNDRED FOUR; PROVIDED, HOWEVER, THAT FOR THE
 PURPOSES OF APPLYING PART TWELVE HUNDRED FOUR, ALL  REFERENCES  IN  PART
 TWELVE HUNDRED FOUR TO THE UNIFORM CODE SHALL BE DEEMED TO BE REFERENCES
 TO THE NEW YORK CITY CODES; AND
   (V)  NO  MUNICIPAL  CORPORATION  OR SUBDIVISION THEREOF SHALL HAVE THE
 POWER TO MODIFY OR CHANGE THE PLANS OR SPECIFICATIONS FOR SUCH PREMISES,
 OR THE CONSTRUCTION, PLUMBING, HEATING,  LIGHTING  OR  OTHER  MECHANICAL
 BRANCH  WORK  NECESSARY TO COMPLETE THE WORK IN QUESTION, NOR TO REQUIRE
 THAT ANY PERSON, FIRM OR CORPORATION EMPLOYED ON  ANY  SUCH  WORK  SHALL
 PERFORM  ANY  SUCH WORK IN ANY OTHER DIFFERENT MANNER THAN THAT REQUIRED
 BY SUCH PLANS AND SPECIFICATIONS, NOR  TO  CONDUCT  CONSTRUCTION-RELATED
 INSPECTIONS,  INCLUDING  BUT  NOT  LIMITED TO FIRE SAFETY INSPECTIONS OR
 OTHER INSPECTIONS OF SUCH PREMISES  OR  OF  ANY  BUILDING  OR  STRUCTURE
 CONSTITUTING  ALL  OR ANY PART OF SUCH PREMISES, NOR TO ISSUE NOTICES OF
 VIOLATION, ORDERS TO REMEDY,  SUMMONSES,  OR  OTHER  ENFORCEMENT-RELATED
 INSTRUMENTS  OF  ANY  KIND  RELATING TO ANY ALLEGED VIOLATION OF THE NEW
 YORK CITY CODES BY SUCH PREMISES OR ANY BUILDING OR STRUCTURE CONSTITUT-
 ING ALL OR ANY PART OF SUCH PREMISES, AND NO  CONDITION  OR  REQUIREMENT
 WHATEVER MAY BE IMPOSED BY ANY SUCH MUNICIPAL CORPORATION OR SUBDIVISION
 THEREOF  IN  RELATION  TO WORK BEING DONE ON SUCH PREMISES, AS SUCH WORK
 SHALL BE UNDER THE SOLE CONTROL OF THE CORPORATION  IN  ACCORDANCE  WITH
 THE  PLANS,  SPECIFICATION  AND  CONTRACTS IN RELATION THERETO, PROVIDED
 THAT EMERGENCY PERSONNEL SHALL HAVE ACCESS  TO  THE  PREMISES  SITE  FOR
 PURPOSES OF EMERGENCY OPERATIONS, COORDINATION, AND PREPAREDNESS; AND
   (C)  THE  CORPORATION  SHALL  BE  RESPONSIBLE FOR REIMBURSEMENT TO THE
 DEPARTMENT OF STATE FOR COSTS INCURRED IN CONSIDERING A  REQUEST  FOR  A
 VARIANCE  OR MODIFICATION AS CONTEMPLATED BY SUBPARAGRAPH (III) OF PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM NEGOTI-
 ATING AN AGREEMENT WITH THE APPLICABLE MUNICIPAL CORPORATION  TO  ASSUME
 ADMINISTRATION  AND  ENFORCEMENT OF ANY APPLICABLE CODES WITH RESPECT TO
 THE PREMISES OR ANY INDIVIDUAL PROJECT ON THE PREMISES.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE CORPORATION FROM UTILIZ-
 ING THE UNIFORM CODE AND THE NYS ENERGY CODE, AS AMENDED FOR  ANY  ADDI-
 TIONAL WORK THAT REQUIRES A CONSTRUCTION PERMIT.
   § 2. This act shall take effect immediately.
 
                                  PART T

   Section  1.  Legislative  Findings.  The  legislature hereby finds and
 determines that the establishment of  the  utility  debt  securitization
 authority  under  part B of chapter 173 of the laws of 2013, as amended,
 permitted the issuance of securitized restructuring bonds  on  favorable
 terms  which  resulted in lower aggregate distribution, transmission and
 transition charges to Long Island ratepayers, compared to  other  avail-
 able alternatives, and the purposes of such act will be further advanced
 by  amending  such  act  to permit the issuance of additional such bonds
 subject to a limit on the outstanding principal amount  thereof  and  to
 allow  such bonds to be issued to refund bonds of the utility debt secu-
 ritization authority. The legislature hereby further  finds  and  deter-
 mines  that  improvements to the transmission and distribution system of

 S. 2508--A                         57                         A. 3008--A
 
 the Long Island Power Authority to increase resiliency and better  with-
 stand  the effects of climate change are necessary, and that issuance of
 securitized restructuring  bonds  by  the  Utility  Debt  Securitization
 Authority  may  allow the funding of such improvements on more favorable
 terms than if such bonds were issued by the Long Island Power Authority.
   § 2. Subdivision 2 of section 2 of part B of chapter 173 of  the  laws
 of  2013  relating to the issuance of securitized restructuring bonds to
 refinance the outstanding debt of the Long Island  power  authority,  is
 amended to read as follows:
   2.  "Approved  restructuring  costs"  means, to the extent approved as
 such under a restructuring cost financing order, (a) costs  of  purchas-
 ing, redeeming or defeasing a portion of outstanding debt of the author-
 ity  OR  THE RESTRUCTURING BOND ISSUER, including bonds and notes issued
 by the authority OR THE RESTRUCTURING BOND ISSUER, debt  issued  by  the
 New York state energy research and development authority for the benefit
 of  the LILCO; (b) costs of terminating interest rate swap contracts and
 other financial contracts entered into by or  for  the  benefit  of  the
 authority  and related to debt obligations of the authority; (c) rebate,
 yield reduction payments and any other amounts  payable  to  the  United
 States  Treasury  or  to  the  Internal  Revenue  Service to preserve or
 protect the federal tax-exempt status of outstanding debt obligations of
 the  authority;  [and]  (d)  upfront  financing  costs  associated  with
 restructuring bonds; AND (E) SYSTEM RESILIENCY COSTS.
   §  3. Subdivision 11 of section 2 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to
 refinance  the  outstanding  debt of the Long Island power authority, as
 amended by section 2-a of part W of chapter 58 of the laws of  2015,  is
 amended to read as follows:
   11.  "Restructuring  bonds"  means bonds or other evidences of indebt-
 edness that are issued pursuant to an indenture or  other  agreement  of
 the restructuring bond issuer under a restructuring cost financing order
 (a)  the proceeds of which are used, directly or indirectly, to recover,
 finance, or refinance approved restructuring costs, (b) that are direct-
 ly or indirectly secured by, or payable  from,  restructuring  property,
 AND  (c) that have a term no longer than thirty years [and (d) that have
 a final scheduled maturity date no later than the final scheduled  matu-
 rity  date  of  the authority bonds purchased, redeemed or defeased with
 the proceeds of such restructuring bonds].
   § 4. Section 2 of part B of chapter 173 of the laws of  2013  relating
 to  the  issuance  of  securitized  restructuring bonds to refinance the
 outstanding debt of the Long  Island  power  authority,  is  amended  by
 adding a new subdivision 17-a to read as follows:
   17-A.  "SYSTEM RESILIENCY COSTS" MEANS, TO THE EXTENT APPROVED AS SUCH
 UNDER A RESTRUCTURING COST FINANCING ORDER, COSTS OF REBUILDING, IMPROV-
 ING OR CONSTRUCTING  TRANSMISSION  AND  DISTRIBUTION  SYSTEM  ASSETS  TO
 INCREASE RESILIENCY OF SUCH ASSETS, BETTER WITHSTAND CHANGES IN CLIMATE,
 ABSORB  IMPACTS  FROM  OUTAGE-INDUCING  EVENTS, AND RECOVER QUICKLY FROM
 OUTAGES INCLUDING BUT NOT LIMITED TO, IMPROVEMENTS TO AND REPLACEMENT OF
 POLES AND WIRES, MOVING POWER LINES  UNDERGROUND,  RAISING  SUBSTATIONS,
 CONSTRUCTING FLOOD BARRIERS, AND SYSTEM AUTOMATION AND COSTS OF PURCHAS-
 ING,  REDEEMING  OR  DEFEASING DEBT OF THE AUTHORITY INCURRED TO FINANCE
 SUCH COSTS OR REIMBURSING THE AUTHORITY FOR  AMOUNTS  ALREADY  SPENT  ON
 SUCH COSTS.
   §  5.  Subdivision 1 of section 3 of part B of chapter 173 of the laws
 of 2013 relating to the issuance of securitized restructuring  bonds  to

 S. 2508--A                         58                         A. 3008--A

 refinance  the  outstanding  debt of the Long Island power authority, is
 amended to read as follows:
   1.  Standard. The authority may prepare a restructuring cost financing
 order (A) for the purpose of issuing restructuring  bonds  to  refinance
 outstanding debt of the authority OR THE RESTRUCTURING BOND ISSUER based
 on a finding that such bond issuance is expected to result in savings to
 consumers  of  electric  transmission  and  distribution services in the
 service area on a net present value basis; OR (B)  FOR  THE  PURPOSE  OF
 ISSUING  RESTRUCTURING BONDS TO FINANCE SYSTEM RESILIENCY COSTS BASED ON
 A FINDING THAT FUNDING OF SUCH SYSTEM RESILIENCY  COSTS  BY  THE  ISSUER
 WOULD  RESULT  IN  LOWER COSTS TO CONSUMERS OF ELECTRIC TRANSMISSION AND
 DISTRIBUTION SERVICES IN THE SERVICE AREA ON A NET PRESENT  VALUE  BASIS
 THAN FUNDING OF SUCH COSTS BY THE AUTHORITY.
   §  6. Paragraph (a) of subdivision 1 of section 4 of part B of chapter
 173 of the laws of 2013 relating to the issuance of securitized restruc-
 turing bonds to refinance the outstanding debt of the Long Island  power
 authority,  as  amended by section 3 of part W of chapter 58 of the laws
 of 2015, is amended to read as follows:
   (a) For the purpose of effectuating the purposes declared  in  section
 one  of  this  act,  there is hereby created a special purpose corporate
 municipal instrumentality of the state to  be  known  as  "utility  debt
 securitization  authority", which shall be a body corporate and politic,
 a political subdivision of the state, and a public benefit  corporation,
 exercising  essential governmental and public powers for the good of the
 public.  Such restructuring bond issuer shall not be created  or  organ-
 ized,  and  its  operations  shall  not be conducted, for the purpose of
 making a profit. No part of the revenues or assets of such restructuring
 bond issuer shall inure to the benefit of or  be  distributable  to  its
 trustees  or  officers  or  any  other private persons, except as herein
 provided for actual services rendered.  [The aggregate principal  amount
 of  restructuring  bonds  authorized  to be issued by restructuring bond
 issuers created pursuant to this act shall not exceed] NO MORE THAN four
 billion five hundred  million  dollars  AGGREGATE  PRINCIPAL  AMOUNT  OF
 RESTRUCTURING  BONDS ISSUED BY RESTRUCTURING BOND ISSUERS CREATED PURSU-
 ANT TO THIS ACT SHALL BE OUTSTANDING AT ANY TIME. FOR  THE  PURPOSES  OF
 THIS  SECTION, RESTRUCTURING BONDS SHALL NOT BE DEEMED TO BE OUTSTANDING
 IF THEY HAVE MATURED OR IF THEY HAVE BEEN PAID OR REDEEMED OR  PROVISION
 FOR PAYMENT OR REDEMPTION OF SUCH BONDS SHALL HAVE BEEN MADE.
   §  7.  Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 of
 section 4 of part B of chapter 173 of the laws of 2013 relating  to  the
 issuance   of   securitized   restructuring   bonds   to   refinance the
 outstanding debt of the Long Island power authority, subparagraph (i) as
 amended and subparagraph (iv) as added by section 4 of part W of chapter
 58 of the laws of 2015,  are  amended to read as follows:
   (i) issue the restructuring bonds contemplated by a restructuring cost
 financing order, and use the proceeds thereof to  purchase  or  acquire,
 and  to  own,  hold  and  use  restructuring  property or to pay or fund
 upfront financing costs [provided, however, that the restructuring  bond
 issuer  shall not issue restructuring bonds for the purpose of refunding
 other restructuring bond];
   (iv) [only] issue restructuring bonds of  which  the  final  scheduled
 maturity  date  of  any  series of restructuring bonds shall be no later
 than [the final scheduled maturity date of the  authority  bonds  to  be
 purchased,  redeemed or defeased with the proceeds of such restructuring
 bonds] THIRTY YEARS FROM THE DATE  OF  ISSUANCE  OF  SUCH  RESTRUCTURING
 BONDS.

 S. 2508--A                         59                         A. 3008--A
 
   § 8. This act shall take effect immediately.
 
                                  PART U
 
   Section  1.    Paragraph  4 of subdivision (c) of section 188-a of the
 economic development law, as added by section 2 of part CC of chapter 60
 of the laws of 2011, is amended to read as follows:
   (4) The board may base its recommendation on which eligible applicants
 it determines best meet the applicable criteria; provided, however, that
 the board shall dedicate recharge New York  power  as  follows:  (i)  at
 least three hundred fifty megawatts for use at facilities located within
 the  service  territories of the utility corporations that, prior to the
 effective date of this section, purchased  Niagara  and  Saint  Lawrence
 hydroelectric  power for the benefit of their domestic and rural consum-
 ers; (ii) at least two hundred megawatts for the purposes of  attracting
 new  business  to  the state, creating new business within the state, or
 encouraging the expansion of existing businesses within the state,  that
 create  new jobs or leverage new capital investment; and (iii) an amount
 not to exceed one hundred FIFTY megawatts for eligible small  businesses
 and eligible not-for-profit corporations.
   § 2. This act shall take effect immediately.
 
                                  PART V
 
   Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
 law, as amended by chapter 188 of the laws of 2003, are amended to  read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or

 S. 2508--A                         60                         A. 3008--A
 
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28.  THE  AUTHORITY  MAY  ESTABLISH  A  SUBSIDIARY CORPORATION FOR THE
 PURPOSE OF FORMING A PURE  CAPTIVE  INSURANCE  COMPANY  AS  PROVIDED  IN
 SECTION  SEVEN  THOUSAND  TWO  OF THE INSURANCE LAW. THE MEMBERS OF SUCH
 SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS  HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 SHALL  HAVE  ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
 EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S  PROPERTY,  FUNCTIONS
 AND  ACTIVITIES.  THE  SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE
 SUBJECT TO SUIT IN ACCORDANCE WITH SECTION  ONE  THOUSAND  SEVENTEEN  OF
 THIS  TITLE.  THE  EMPLOYEES  OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT
 THOSE WHO ARE ALSO EMPLOYEES OF  THE  AUTHORITY,  SHALL  NOT  BE  DEEMED
 EMPLOYEES OF THE AUTHORITY.
   §  3.  Subdivision  (a)  of section 1500 of the tax law, as amended by
 section 21 of part A of chapter 59 of the laws of 2014,  is  amended  to
 read as follows:
   (a)  The  term "insurance corporation" includes a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership,  by  whatever  name known, doing an insurance business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this article, shall include (1) a risk retention  group  as  defined  in
 subsection  (n)  of section five thousand nine hundred two of the insur-
 ance law, (2) the state insurance fund and (3)  a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership doing an insurance business as a member of the  New  York
 insurance  exchange described in section six thousand two hundred one of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained  in  this  subdivision  shall  be limited in its effect to the
 provisions of this article and the related provisions  of  this  chapter
 and  shall  have  no  force  and  effect other than with respect to such
 provisions. The  term  "insurance  corporation"  shall  also  include  a
 captive insurance company doing a captive insurance business, as defined
 in  subsections (c) and (b), respectively, of section seven thousand two
 of the insurance law; provided, however, "insurance  corporation"  shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY  OF  NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF, or a
 public benefit corporation or not-for-profit  corporation  formed  by  a
 city with a population of one million or more pursuant to subsection (a)
 of  section  seven  thousand five of the insurance law, each of which is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state or local; and provided further "insurance  corporation"  does  not
 include  any  combinable  captive insurance company. The term "insurance
 corporation" shall also include an unauthorized insurer  operating  from
 an office within the state, pursuant to paragraph five of subsection (b)
 of  section  one  thousand one hundred one and subsection (i) of section
 two thousand one hundred  seventeen  of  the  insurance  law.  The  term
 "insurance  corporation" also includes a health maintenance organization
 required to obtain a certificate of authority under  article  forty-four
 of the public health law.
   §  4.  Subdivision (a) of section 1502-b of the tax law, as amended by
 section 22 of part A of chapter 59 of the laws of 2014,  is  amended  to
 read as follows:

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   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred  one, fifteen hundred two-a, fifteen hundred five-a, and fifteen
 hundred ten of this article, every captive insurance company licensed by
 the superintendent of financial services pursuant to the  provisions  of
 article seventy of the insurance law, other than the metropolitan trans-
 portation  authority,  THE  POWER AUTHORITY OF NEW YORK OR ANY STATUTORY
 SUBSIDIARY OR AFFILIATE THEREOF, and a  public  benefit  corporation  or
 not-for-profit  corporation  formed  by  a city with a population of one
 million or more pursuant to subsection (a)  of  section  seven  thousand
 five  of  the  insurance law, each of which is expressly exempt from the
 payment of fees, taxes or assessments whether state or local, and  other
 than  combinable  captive insurance company, shall, for the privilege of
 exercising its corporate franchise, pay a tax on (1)  all  gross  direct
 premiums,  less  return  premiums  thereon,  written on risks located or
 resident in this state and (2) all assumed  reinsurance  premiums,  less
 return  premiums  thereon,  written on risks located or resident in this
 state. The rate of the tax imposed on gross  direct  premiums  shall  be
 four-tenths  of  one  percent  on  all  or  any part of the first twenty
 million dollars of premiums, three-tenths of one percent on all  or  any
 part of the second twenty million dollars of premiums, two-tenths of one
 percent on all or any part of the third twenty million dollars of premi-
 ums,  and  seventy-five  thousandths  of  one  percent on each dollar of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall be two hundred twenty-five thousandths of one percent  on  all  or
 any  part  of  the first twenty million dollars of premiums, one hundred
 and fifty thousandths of one percent on all or any part  of  the  second
 twenty  million dollars of premiums, fifty thousandths of one percent on
 all or any part of the third twenty  million  dollars  of  premiums  and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after.  The tax imposed by this section shall be equal to the greater of
 (i) the sum of the tax imposed on gross  direct  premiums  and  the  tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                  PART W
 
   Section  1.  Expenditures  of  moneys  by  the  New  York state energy
 research and development authority for  services  and  expenses  of  the
 energy   research,  development  and  demonstration  program,  including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle and electric vehicle rebate program, and the Fuel NY  program  shall
 be  subject  to  the  provisions  of this section.   Notwithstanding the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all moneys committed or expended in an amount not to exceed  $22,700,000
 shall  be  reimbursed by assessment against gas corporations, as defined
 in subdivision 11 of section 2 of the public service  law  and  electric
 corporations  as  defined  in  subdivision 13 of section 2 of the public
 service law, where such gas corporations and electric corporations  have
 gross  revenues from intrastate utility operations in excess of $500,000
 in the preceding calendar year, and the total amount assessed  shall  be
 allocated to each electric corporation and gas corporation in proportion
 to  its  intrastate  electricity  and  gas revenues in the calendar year
 2019. Such  amounts  shall  be  excluded  from  the  general  assessment
 provisions  of  subdivision 2 of section 18-a of the public service law.
 The chair of the public service commission shall bill  such  gas  and/or
 electric  corporations for such amounts on or before August 10, 2021 and

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 such amounts shall be paid to the New York  state  energy  research  and
 development authority on or before September 10, 2021. Upon receipt, the
 New  York  state energy research and development authority shall deposit
 such  funds in the energy research and development operating fund estab-
 lished pursuant to section 1859 of the public authorities law.  The  New
 York  state  energy research and development authority is authorized and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate change related services and expenses of the department of  envi-
 ronmental  conservation, $150,000 to the state general fund for services
 and expenses of the department of agriculture and markets, and  $825,000
 to  the University of Rochester laboratory for laser energetics from the
 funds received; and (2) commencing in 2016, provide to the chair of  the
 public  service commission and the director of the budget and the chairs
 and secretaries of the  legislative  fiscal  committees,  on  or  before
 August  first  of each year, an itemized record, certified by the presi-
 dent and chief executive officer of the authority, or his or her  desig-
 nee,  detailing  any  and all expenditures and commitments ascribable to
 moneys received as a result of this  assessment  by  the  chair  of  the
 department  of  public  service  pursuant  to section 18-a of the public
 service law.  This itemized record shall include an  itemized  breakdown
 of the programs being funded by this section and the amount committed to
 each  program.  The  authority shall not commit for any expenditure, any
 moneys derived from the assessment provided for in this  section,  until
 the  chair  of  such authority shall have submitted, and the director of
 the budget shall have approved, a comprehensive  financial  plan  encom-
 passing  all  moneys  available  to  and all anticipated commitments and
 expenditures by such authority from any source  for  the  operations  of
 such  authority.    Copies  of the approved comprehensive financial plan
 shall be immediately submitted by the chair to  the  chairs  and  secre-
 taries of the legislative fiscal committees. Any such amount not commit-
 ted  by such authority to contracts or contracts to be awarded or other-
 wise expended by the authority during the fiscal year shall be  refunded
 by such authority on a pro-rata basis to such gas and/or electric corpo-
 rations,  in  a  manner  to  be  determined  by the department of public
 service, and any refund amounts must be  explicitly  lined  out  in  the
 itemized record described above.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART X
 
   Section 1. Section 11-0701 of the environmental conservation  law,  as
 amended  by  section  1-a  of  part R of chapter 58 of the laws of 2013,
 paragraph a of subdivision 1 as amended by section 21 and subdivision  9
 as  amended  by section 17 of part EE of chapter 55 of the laws of 2014,
 is amended to read as follows:
 § 11-0701. Definitions of licenses and privileges of licensees.
   1. A hunting license[:
   a.] entitles a holder  who  is  twelve  [or],  thirteen,  FOURTEEN  OR
 FIFTEEN years of age to hunt wildlife[, except big game,] as provided in
 title  9  of  this  article  subject, specifically, to the provisions of
 section 11-0929 of this article. It  entitles  such  holder  to  possess
 firearms  as  provided in section 265.05 of the penal law. [A holder who
 is twelve or thirteen years of age shall not hunt with a crossbow.
   b. entitles a holder who is fourteen or fifteen years of age  to  hunt
 wildlife,  including  wild deer and bear, as provided in title 9 of this

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 article, subject, specifically, to the provisions of section 11-0929  of
 this article. It entitles such holder to possess firearms as provided in
 section 265.05 of the penal law.]
   2.  a.  A hunting license entitles the holder to hunt wildlife subject
 to the following:
   (1) a holder who is eighteen years of age or older may  hunt  wildlife
 as provided in title 9 of this article,
   (2)  a  holder who is sixteen years of age or older may hunt wildlife,
 except big game, as provided in title 9 of this article, [and]
   (3) a holder who is between the ages of sixteen and eighteen may  hunt
 big game pursuant to the provisions of title 9 of this article while the
 holder  is  accompanied  by a parent, guardian or person over the age of
 eighteen as required by section 11-0929 of this article[.
   A] , AND
   (4) A holder may take fish with a longbow as provided in titles 9  and
 13 this article.
   b.  A  special antlerless deer license is applicable to the hunting of
 wild antlerless deer in a special open season fixed pursuant to subdivi-
 sion 6 of section 11-0903 of this article in a tract within a Wilderness
 Hunting Area and entitles the  holder  of  a  hunting  license  to  hunt
 antlerless  deer  in such special open season, as provided in title 9 of
 this article if he or she has on his or her person while so hunting both
 his or her hunting license  and  his  or  her  special  antlerless  deer
 license.
   3.  A bowhunting privilege when included on a hunting license entitles
 a holder:
   (1) who is between the ages of twelve and sixteen years to  hunt  wild
 deer  and  bear  with  a  longbow OR CROSSBOW during the special archery
 season and during the regular season, as provided in  title  9  of  this
 article,  subject to the provisions of section 11-0929 and subdivision 3
 of section 11-0713 of this article;
   (2) who is eighteen years of age or older to hunt wild deer  and  bear
 with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
 special ARCHERY season; and
   (3)  who  is  sixteen  or  seventeen years of age to exercise the same
 privileges subject to the provisions of section 11-0929 and  subdivision
 3 of section 11-0713 of this article.
   4.  A  fishing  license  entitles  the holder to take fish by angling,
 spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
 ing with the hands or by use of a club or hook, and to  take  bait  fish
 for personal use, as provided in titles 9 and 13 of this article, except
 that such license shall not entitle the holder to take migratory fish of
 the sea or to take fish from the waters of the marine district.
   5.  A non-resident bear tag entitles a person who has not been a resi-
 dent of the state for more than thirty days who also possesses a hunting
 license to hunt bear during the regular open season therefor  or  in  an
 open season fixed by regulation pursuant to subdivision eight of section
 11-0903  of  this  article.  It  entitles a non-resident holder who also
 possesses a hunting license with bowhunting privilege to hunt bear  with
 a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
 sident  holder  who also possesses a hunting license with muzzle-loading
 privilege to hunt bear with a muzzleloader during the open bear season.
   6. A seven-day fishing license entitles the  holder  to  exercise  the
 privileges of a fishing license for the seven consecutive days specified
 in the license.

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   7. A one-day fishing license entitles the holder to exercise the priv-
 ileges of a fishing license on the day specified on the license.
   8. A trapping license entitles the holder to trap beaver, otter, fish-
 er, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum, weasel,
 pine  marten and unprotected wildlife except birds, as provided in title
 11, subject to the provisions of section 11-0713 of this article.
   9. A muzzle-loading privilege when included on a hunting license enti-
 tles a holder who is [fourteen] TWELVE years of age  or  older  to  hunt
 wild deer and bear with a muzzle-loading firearm, as provided in title 9
 of this article, in a special muzzle-loading firearm season.
   §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
 mental conservation law, as amended by section 2 of part R of chapter 58
 of the laws of 2013, is amended to read as follows:
   b. Except as provided in section 11-0707 and section 11-0709  of  this
 title,  no  person  shall  (1) hunt wild deer or bear unless such person
 holds and is entitled to exercise the privileges of a  hunting  license,
 and  meets  the requirements of this article; (2) hunt wild deer or bear
 with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
 such  person holds and is entitled to exercise the privileges of a hunt-
 ing license with a bowhunting privilege and meets  the  requirements  of
 this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
 firearm in a special muzzle-loading firearm season unless such person is
 at least [fourteen] TWELVE years old and holds a hunting license with  a
 muzzle-loading privilege and meets the requirements of this article.
   §  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
 tion law is REPEALED.
   § 4. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
 mental  conservation law, as amended by section 19 of part EE of chapter
 55 of the laws of 2014, is amended to read as follows:
   c. Wild small game and wild upland game birds shall be taken  only  by
 longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
 10 of this article, except that:
   (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
 in any manner not prohibited in this section or in title 11 of the  Fish
 and Wildlife Law; AND
   (2)  frogs  may also be taken by spearing, catching with the hands, or
 by the use of a club or hook[; and
   (3) crossbows may be used but only by licensees who are fourteen years
 of age or older].
   § 5. Subparagraph 9 of paragraph b of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 6 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:
   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   § 6. Subparagraph 9 of paragraph c of subdivision 4 of section 11-0901
 of the environmental conservation law, as added by section 7 of part  EE
 of chapter 55 of the laws of 2014, is amended to read as follows:

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   (9)  with  a  crossbow unless such crossbow shall consist of a bow and
 string, either compound or recurve, that  launches  a  minimum  fourteen
 inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
 trigger that holds the string and limbs under  tension  until  released.
 The trigger unit of such crossbow must have a working safety. [The mini-
 mum limb width of such crossbow shall be seventeen inches,] THE CROSSBOW
 SHALL have a minimum peak draw weight of one hundred pounds [and a maxi-
 mum peak draw weight of two hundred pounds. The] AND THE minimum overall
 length  of such crossbow from buttstock to front of limbs shall be twen-
 ty-four inches.
   § 7. Subdivision 13 of section 11-0901 of the environmental  conserva-
 tion  law,  as amended by section 23 of part R of chapter 58 of the laws
 of 2013, is amended to read as follows:
   13. Persons engaged in hunting deer and/or  bear  with  a  longbow  OR
 CROSSBOW  must possess a current bowhunting privilege or a valid certif-
 icate of qualification in responsible  bowhunting  practices  issued  or
 honored by the department.
   §  8. Section 11-0903 of the environmental conservation law is amended
 by adding a new subdivision 12 to read as follows:
   12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
 DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
 OF  WILDLIFE  BY  THE  USE OF CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED
 PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
 SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
   § 9. Subdivision 10 of section 11-0907 of the environmental  conserva-
 tion law, as added by section 14 of part EE of chapter 55 of the laws of
 2014, is amended to read as follows:
   10.  Notwithstanding  any  provision  of  this  chapter,  or any prior
 notwithstanding language in this article, the department may,  by  regu-
 lation, authorize the taking of big game by the use of a crossbow by any
 licensed  person in any big game season [in any area designated in items
 (a), (b), (c), (d), (e), (f), (i), (k) and (l) of paragraph a of  subdi-
 vision  two  of  this  section  in  which  a shotgun or muzzle loader is
 permitted provided however, that any crossbow use during an archery-only
 season shall only take place during the last fourteen  consecutive  days
 of  such  archery-only  season  in  the southern zone provided that such
 archery-only season shall consist of not less than forty-five  days  and
 only  during the last ten consecutive days of any archery-only season in
 the northern zone provided that such archery-only season  shall  consist
 of  no  less  than  twenty-three  days.  Any muzzle loading season which
 occurs at the same time as a  special  archery  season  may  only  occur
 during times when crossbows are authorized to be used].
   §  10. Subdivision 1 of section 11-0929 of the environmental conserva-
 tion law, as amended by section 20 of part EE of chapter 55 of the  laws
 of 2014, is amended to read as follows:
   1.  A  licensee  who is twelve or thirteen years of age shall not hunt
 wildlife with a gun, OR A CROSSBOW or a longbow  unless  he  or  she  is
 accompanied by his or her parent or legal guardian, or by a person twen-
 ty-one  years of age or older designated in writing by his or her parent
 or legal guardian on a form prescribed by the department,  who  holds  a
 hunting  license.  [A  licensee  who  is twelve or thirteen years of age
 shall not hunt with a crossbow.]
   § 11. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
 11-0929  of  the environmental conservation law is REPEALED and subpara-
 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.

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   § 12. Section 11-0933 of the environmental conservation law, as  added
 by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
 to read as follows:
 § 11-0933. Taking small game by crossbow.
   Notwithstanding  any  provision of this chapter, or any prior notwith-
 standing language in this article, the department  may,  by  regulation,
 authorize the taking of small game and wild upland game birds by the use
 of  a  crossbow by any licensed person [fourteen years of age or older],
 in any small game season[, in any area designated  in  items  (a),  (b),
 (c),  (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision two
 of section 11-0907 of this title in which a shotgun or muzzle loader  is
 permitted].
   § 13. Subparagraph (i) of paragraph 4 of subdivision (a) of section 83
 of  the state finance law, as amended by section 1 of part AA of chapter
 58 of the laws of 2015, is amended to read as follows:
   (i) There is hereby created a special account within the  conservation
 fund  to be known as the state fish and game trust account to consist of
 all moneys received by the state from  the  sale  of  lifetime  hunting,
 fishing,  and trapping licenses, and lifetime archery and muzzle-loading
 privileges pursuant to section 11-0702 of the environmental conservation
 law except those moneys deposited in the habitat conservation and access
 account pursuant to section eighty-three-a of this  chapter.  The  state
 comptroller  shall  invest  the  moneys in such account in securities as
 defined by  section  ninety-eight-a  of  this  article  OR,  WITHIN  THE
 DISCRETION  OF  THE  COMPTROLLER  TO MAXIMIZE INCOME FOR THE ACCOUNT, IN
 INVESTMENTS AUTHORIZED BY  SECTION  ONE  HUNDRED  SEVENTY-SEVEN  OF  THE
 RETIREMENT  AND SOCIAL SECURITY LAW OR CONSISTENT WITH THE PROVISIONS OF
 SUBDIVISION B OF SECTION THIRTEEN OF THE RETIREMENT AND SOCIAL  SECURITY
 LAW.  Any  income earned by the investment of such moneys, except income
 transferred to the conservation fund pursuant to subparagraph  (iii)  of
 this  paragraph,  shall  be  added to and become a part of, and shall be
 used for the purposes of such account.
   § 14. This act shall take effect immediately.
 
                                  PART Y

   Section 1. Section 27-2701 of the environmental conservation  law,  as
 added  by  chapter 641 of the laws of 2008, subdivision 2 as amended and
 subdivision 7 as added by chapter 481 of the laws of 2014, is amended to
 read as follows:
 § 27-2701. Definitions.
   As used in this title:
   1. "Compostable plastic bag" means a plastic bag  that  at  a  minimum
 meets  the American Society for Testing and Materials standard D6400 for
 compostable plastic, as amended.
   2. "Manufacturer" means the producer of  a  plastic  carryout  bag  or
 OTHER film plastic sold to a store or the manufacturer's agent or broker
 who sold the plastic carryout bag or OTHER film plastic to the store.
   3.  "Operator" means a person in control of, or having daily responsi-
 bility for, the daily operation of a store, which may  include,  but  is
 not limited to, the owner of the store.
   4.  "Plastic carryout bag" means a [plastic] carryout bag MADE OF FILM
 PLASTIC provided by a store to a customer at the point of sale  THAT  IS
 NOT A REUSABLE BAG.
   5.  "Reusable  bag" means A BAG DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:

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   (a) [a bag] IS EITHER made of [cloth] (I)  HAND  WASHABLE  or  [other]
 machine  washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR
 NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),  POLYES-
 TER,  OR  NYLON   FABRIC, AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH
 MATERIALS; or
   [(b)  a durable plastic bag with handles that is specifically designed
 and manufactured for multiple reuse] (II) OTHER NON-FILM PLASTIC  WASHA-
 BLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS PROVIDED IN  PARA-
 GRAPHS (C) AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR  EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC, INCLUDING
 WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),
 COTTON, JUTE, OR CANVAS.
   6. "Store" means a retail establishment that [provides] PROVIDES plas-
 tic  carryout bags to its customers as a result of the sale of a product
 OR PROVIDED SUCH BAGS ANY TIME PRIOR TO MARCH FIRST, TWO THOUSAND TWENTY
 and (a) has over ten thousand square feet of retail space, or  (b)  such
 retail  establishment  is  part  of  a chain engaged in the same general
 field of business which operates five or more units of over  five  thou-
 sand  square  feet  of retail space in this state under common ownership
 and management.
   7. "Film plastic" means [uncontaminated non-rigid film plastic packag-
 ing products composed of plastic  resins,  which  include,]  A  FLEXIBLE
 SHEET  OR  SHEETS  OF  PETROLEUM OR NON-PETROLEUM-BASED PLASTIC RESIN OR
 OTHER MATERIAL  COMMONLY  USED  IN  AND  AS  PACKAGING  PRODUCTS,  WHICH
 INCLUDE, but are not limited to, newspaper bags, [dry cleaning bags and]
 GARMENT  BAGS,  shrink-wrap,  BAGS USED TO CARRYOUT AND DELIVER PREPARED
 FOOD AND OTHER PLASTIC OVERWRAP.
   8. "FILM PLASTIC BAG" MEANS A BAG THAT IS MADE OF FILM PLASTIC.
   § 2. Section 27-2703 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2703. Store operator responsibilities.
   1.  The  operator  of  a  store  shall establish an at-store recycling
 program pursuant to the provisions of this title that provides an oppor-
 tunity for a customer of the store to return to the store clean  plastic
 carryout bags and OTHER film plastic.
   2. A retail establishment that does not meet the definition of a store
 [and  that  provides  plastic carryout bags to customers at the point of
 sale] may also adopt an at-store recycling program.
   § 3. Section 27-2705 of the environmental conservation law,  as  added
 by  chapter  641  of  the  laws  of  2008 and subdivisions 2, 3 and 4 as
 amended by chapter 481 of the laws  of  2014,  is  amended  to  read  as
 follows:
 § 27-2705. Recycling program requirements.
   An  at-store  recycling  program  provided  by the operator of a store
 shall require:
   1. [a plastic carryout bag provided by the store to  have  printed  or
 displayed  on  the  bag,  in  a  manner visible to a consumer, the words
 "PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
 er, such store shall be allowed for one year from the effective date  of

 S. 2508--A                         68                         A. 3008--A

 this  subdivision  to use its existing stock of plastic carryout bags. A
 store may also apply to the commissioner for approval of an  alternative
 plastic  bag recycling message. The commissioner shall approve or reject
 the proposed message within forty-five days;
   2.] a collection bin that is visible, easily accessible to the consum-
 er,  and  clearly  marked  that  the collection bin is available for the
 purpose of collecting and recycling plastic carryout bags and OTHER film
 plastic. This subdivision shall apply to stores not within  an  enclosed
 shopping  mall  and stores of at least fifty thousand square feet within
 an enclosed shopping mall. In the case of an enclosed shopping mall, the
 owner of the enclosed mall shall  place  bins  at  reasonable  intervals
 throughout the enclosed mall area;
   [3.]  2. all plastic carryout bags and OTHER film plastic collected by
 the store to be collected, transported and recycled along with any other
 in-store plastic recycling, except for FILM plastic bags  that  are  not
 sufficiently  free  of  foreign  material to enter the recycling stream.
 Plastic carryout bags and OTHER film plastic collected by the  store  or
 the  manufacturer,  which  are  free  of  foreign material, shall not be
 disposed of in any solid waste disposal facility permitted or authorized
 pursuant to title seven of this article;
   [4.] 3. the store or its agent to maintain, for  a  minimum  of  three
 years,  records  describing  the  collection, transport and recycling of
 plastic carryout bags  and  OTHER  film  plastic  collected  by  weight,
 provided  however that stores or its agents may weigh such PLASTIC bags,
 film plastic and any other in-store  plastic  recycling  at  a  regional
 collection  center.  Such records shall be made available to the depart-
 ment upon request, to demonstrate compliance with this title; and
   [5.] 4. the operator of the store to (a) make reusable bags  available
 to customers within the store for purchase, and (b) permit a [reuseable]
 REUSABLE  bag  to  be  used in lieu of a [plastic carryout bag or] paper
 CARRYOUT bag.
   § 4. Section 27-2707 of the environmental conservation law,  as  added
 by chapter 641 of the laws of 2008 and subdivision 1 as amended by chap-
 ter 481 of the laws of 2014, is amended to read as follows:
 § 27-2707. Manufacturer responsibilities.
   1.  When the manufacturer accepts plastic carryout bags and OTHER film
 plastic for return, it or its agent shall maintain,  for  a  minimum  of
 three  years, records describing the collection, transport and recycling
 of plastic carryout bags and OTHER film  plastic  collected  by  weight,
 provided  that  the manufacturer or its agents may weigh such bags, film
 plastic and any other plastic resins at a  regional  collection  center.
 Such  records shall be made available to the department upon request, to
 demonstrate compliance with this title.
   2. Manufacturers of compostable plastic bags sold  to  stores  in  the
 state that are subject to the provisions of this title shall have print-
 ed on the bag, in a manner visible to the consumer, the words "COMPOSTA-
 BLE  BAG -- DO NOT PLACE IN RECYCLING BIN". [Provided however, such bags
 may be sold or distributed for one year from the effective date of  this
 section to use the store's existing stock of compostable bags.]
   § 5. Section 27-2709 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2709. Department responsibility.
   1. The department shall develop educational materials to encourage the
 reduction,  reuse  and recycling of plastic carryout bags and OTHER film
 plastic and shall make those materials available to stores  required  to
 comply with this article.

 S. 2508--A                         69                         A. 3008--A
 
   2. The department shall provide information regarding the availability
 of recycling facilities and companies that recycle FILM plastic bags and
 OTHER  film  plastic,  including the addresses and phone numbers of such
 facilities and companies to stores required to comply with this article.
   § 6. Section 27-2713 of the environmental conservation law, as amended
 by chapter 481 of the laws of 2014, is amended to read as follows:
 § 27-2713. Preemption.
   Jurisdiction  in  all  matters  pertaining to plastic CARRYOUT bag and
 OTHER film plastic recycling is by this article  vested  exclusively  in
 the  state.  Any provision of any local law or ordinance, or any rule or
 regulation promulgated  thereto,  governing  the  recycling  of  plastic
 CARRYOUT  bags  and OTHER film plastic shall, upon the effective date of
 this title, be preempted.   Provided however, nothing  in  this  section
 shall  preclude  a  person  from coordinating for recycling or reuse the
 collection of plastic CARRYOUT bags or OTHER film plastic.
   § 7. Section 27-2801 of the environmental conservation law,  as  added
 by  section 2 of part H of chapter 58 of the laws of 2019, is amended to
 read as follows:
 § 27-2801. Definitions.
   As used in this title:
   1. "Exempt bag" means a bag THAT IS: (a) used  solely  to  contain  or
 wrap  uncooked  meat,  fish,  or  poultry; (b) [bags] used by a customer
 solely to package bulk items such  as  fruits,  vegetables,  grains,  or
 candy;  (c)  [bags]  used  solely  to contain food sliced or prepared to
 order; (d) [bags] used solely to contain a newspaper for delivery  to  a
 subscriber; (e) [bags sold] PREPACKAGED BY THE MANUFACTURER OR DISTRIBU-
 TOR  in  bulk  QUANTITIES AND SOLD to a consumer [at the point of sale];
 (f) SOLD AS A trash [bags] OR YARD WASTE BAG; (g) SOLD AS A food storage
 [bags] BAG; (h) USED AS A garment [bags] BAG;  (i)  [bags]  prepackaged,
 PRELABELED, OR TAGGED AS MERCHANDISE for sale to a customer; (j) A plas-
 tic carryout [bags] BAG provided by a restaurant, tavern or similar food
 service  establishment, as defined in the state sanitary code, to carry-
 out or deliver PREPARED food; [or] (k) [bags] provided by a pharmacy  to
 carry prescription drugs; OR (L) A REUSABLE BAG.
   2.  "Plastic carryout bag" means any plastic bag, other than an exempt
 bag, that is provided to a customer by a person required to collect  tax
 to  be used by the customer to [carry] TRANSPORT tangible personal prop-
 erty, regardless of whether such person required to  collect  tax  sells
 any  tangible  personal property or service to the customer, and regard-
 less of whether any tangible personal property or service sold is exempt
 from tax under article twenty-eight of the tax law.   A BAG  THAT  MEETS
 THE  REQUIREMENTS  OF  A REUSABLE BAG, AS DEFINED IN SUBDIVISION FOUR OF
 THIS SECTION, IS NOT A PLASTIC CARRYOUT BAG.
   3. "Paper carryout bag" means a paper bag, other than an  exempt  bag,
 that is provided to a customer by a person required to collect tax to be
 used  by the customer to carry tangible personal property, regardless of
 whether such person required to collect tax sells any tangible  personal
 property  or  service  to  the  customer,  and regardless of whether any
 tangible personal property or service sold  is  exempt  from  tax  under
 article twenty-eight of the tax law.
   4.  "Reusable  bag" means a bag DESIGNED AND MANUFACTURED FOR MULTIPLE
 REUSE THAT:  (a) IS EITHER made of [cloth] (I) HAND WASHABLE or  [other]
 machine  washable CLOTH OR fabric [that has handles], INCLUDING WOVEN OR
 NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE- TEREPHTHALATE (PET),  POLYES-
 TER,  OR  NYLON FABRIC,   AS WELL AS FABRIC BLENDS THAT INCLUDE ANY SUCH
 MATERIALS; or [(b) a durable  bag  with  handles  that  is  specifically

 S. 2508--A                         70                         A. 3008--A

 designed and manufactured for multiple reuse.] (II) OTHER NON-FILM PLAS-
 TIC WASHABLE MATERIAL; AND
   (B)  HAS AT LEAST ONE STRAP OR HANDLE THAT DOES NOT STRETCH AND ALLOWS
 THE BAG TO MEET THE STRENGTH AND DURABILITY STANDARDS IN PARAGRAPHS  (C)
 AND (D) OF THIS SUBDIVISION;
   (C) HAS A MINIMUM LIFESPAN OF ONE HUNDRED TWENTY-FIVE USES, WITH A USE
 EQUAL  TO  THE  ABILITY  TO  CARRY A MINIMUM OF TWENTY-TWO POUNDS OVER A
 DISTANCE OF AT LEAST ONE HUNDRED SEVENTY-FIVE FEET; AND
   (D) HAS A MINIMUM FABRIC WEIGHT  OF  EIGHTY  GRAMS  PER  SQUARE  METER
 ("GSM")  OR EQUIVALENT FOR BAGS MADE OF ANY NON-FILM PLASTIC,, INCLUDING
 WOVEN OR NONWOVEN POLYPROPYLENE (PP), POLYETHYLENE-TEREPHTHALATE  (PET),
 COTTON, JUTE, OR CANVAS.
   5.  "FILM  PLASTIC"  MEANS  A FLEXIBLE SHEET OR SHEETS OF PETROLEUM OR
 NON-PETROLEUM BASED PLASTIC RESIN OR OTHER  MATERIAL  (NOT  INCLUDING  A
 PAPER  CARRYOUT  BAG)  COMMONLY USED IN AND AS PACKAGING PRODUCTS, WHICH
 INCLUDE, BUT ARE NOT LIMITED TO, NEWSPAPER BAGS, GARMENT  BAGS,  SHRINK-
 WRAP, BAGS USED TO CARRYOUT AND DELIVER PREPARED FOOD, AND OTHER PLASTIC
 OVERWRAP.
   [5.]  6. "Person required to collect tax" means any vendor of tangible
 personal property subject to the  tax  imposed  by  subdivision  (a)  of
 section eleven hundred five of the tax law.
   §  8.  Section 27-2803 of the environmental conservation law, as added
 by section 2 of part H of chapter 58 of the laws of 2019, is amended  to
 read as follows:
 § 27-2803. Plastic carryout bag ban.
   1. No person required to collect tax shall distribute, FOR FREE OR FOR
 SALE,  any  plastic  carryout bags to its customers unless such bags are
 exempt bags as defined in subdivision one of  section  27-2801  of  this
 title.
   2. No person required to collect tax shall prevent a person from using
 a bag of any kind that they have brought for purposes of carrying goods.
   3.  [Nothing  in this section shall be deemed to exempt the provisions
 set forth in title 27 of this article relating to  at  store  recycling]
 ANY  PERSON WHO WAS REQUIRED TO COMPLY WITH THE COLLECTION AND RECYCLING
 REQUIREMENTS IN TITLE 27 OF THIS ARTICLE PRIOR TO MARCH FIRST, TWO THOU-
 SAND TWENTY, INCLUDING THE REQUIREMENT TO MAINTAIN A COLLECTION BIN  FOR
 COLLECTION  AND  RECYCLING PLASTIC CARRYOUT BAGS AND OTHER FILM PLASTIC,
 SHALL CONTINUE TO COMPLY.
   § 9. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Part UU of chapter 58 of the laws of 2020, authorizing  the
 county  of  Nassau,  to permanently and temporarily convey certain ease-
 ments and to temporarily alienate certain parklands, is amended to  read
 as follows:
 
                                  PART UU
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating to the Bay Park  Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified  as  Subparts A through C. The effective date for each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.   Any provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, which makes a

 S. 2508--A                         71                         A. 3008--A
 
 reference to a section "of this act", when used in connection with  that
 particular  component,  shall  be deemed to mean and refer to the corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  Subject  to  the  provisions  of  this act, the county of
 Nassau, acting by and through the county legislature of such county,  is
 hereby authorized to (a) discontinue permanently the use as parkland the
 subsurface  lands  described in sections [four, five, seven, eight, ten]
 FOUR, SIX, SEVEN and [eleven] TEN of this act  and  establish  permanent
 easements  on  such  lands  for  the purpose of constructing, operating,
 maintaining and repairing a subsurface sewer main, and  (b)  discontinue
 temporarily  the use as parkland the lands described in sections [three,
 six and nine] TWO, FIVE AND EIGHT of this act  and  establish  temporary
 easements  on  such  lands  for the purpose of constructing a subsurface
 sewer main. Authorization  for  the  temporary  easements  described  in
 sections [three, six, and nine] TWO, THREE, FIVE, EIGHT, AND TEN of this
 act  shall  cease  upon the completion of the construction of such sewer
 main, at which time the department of environmental  conservation  shall
 restore  the  surface of the parklands disturbed and the parklands shall
 continue to be used for park purposes as they were prior to  the  estab-
 lishment  of  such  temporary easements. Authorization for the permanent
 easements described in sections [four, five, seven,  eight,  ten]  FOUR,
 SIX,  EIGHT  and [eleven] TEN of this act shall require that the depart-
 ment of environmental conservation restore the surface of the  parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the establishment of the permanent easements.
   [§ 2. The authorization provided in section one of this act  shall  be
 effective  only upon the condition that the county of Nassau dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued  to  the acquisition of new parklands and/or capital
 improvements to existing park and recreational facilities.]
   § [3.] 2. TEMPORARY EASEMENT - Force  main  shaft  construction  area.
 Parkland  upon  and  under which a temporary easement may be established
 pursuant to subdivision (b) of section one of this act is  described  as
 all  that  certain  plot,  piece  or  parcel  of land with buildings and
 improvements thereon erected, situate, lying and being  located  at  Bay
 Park,  Town  of  Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northerly line of the Nassau County Sewage Treatment Plant  prop-
 erty,  said  Point  of Beginning being South [68°00'] 68°06'12" East, as
 measured along northerly line of  said  sewage  treatment  plant,  [543]
 535.50  feet  plus or minus, from the intersection of the northerly line
 Nassau County Sewage Treatment Plant with the westerly side  of  Compton
 Street; running thence South [68°00'] 68°06'12" East, along the norther-
 ly line of said sewage treatment plant, [247] 249.60 feet plus or minus;
 thence  South  [07°04']  07°20'58" West [196] 198.58 feet plus or minus;
 thence North [78°37'] 78°30'32" West [33]  35.88  feet  plus  or  minus;
 thence  North  [06°10']  06°10'23"  East [105] 89.20 feet plus or minus;
 thence North [30°53'] 33°17'21" West [56]  78.28  feet  plus  or  minus;
 thence  North  [64°27']  66°13'52" West [190] 173.72 feet plus or minus;
 thence North [20°21'] 19°56'50" East [49] 62.50 feet plus or  minus,  to
 the  northerly  line of the Nassau County Sewage Treatment Plant, at the
 Point of Beginning. Containing within said bounds [19,700] 23,089 square

 S. 2508--A                         72                         A. 3008--A
 
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  [thirty-foot] FIFTY-FOOT diameter access shaft. The
 location of said TEMPORARY access shaft is more  particularly  described
 in section [four] THREE of this act.  Said parcel being part of property
 designated  as  Section: 42 Block:   A Lots: 50, 57 on the Nassau County
 Land and Tax Map.
   § [4.]  3. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT -  Access  shaft.
 Parkland  upon  and  under which a [permanent] TEMPORARY easement may be
 established pursuant to subdivision (a) of section one of  this  act  is
 described  as all that certain plot, piece or parcel of land with build-
 ings and improvements thereon erected, situate, lying and being  located
 at  Bay  Park, Town of Hempstead, County of Nassau and State of New York
 being more particularly bounded and described  as  follows:  a  circular
 easement  with a radius of [15] 25 feet, the center of said circle being
 the following three (3) courses from the intersection of  the  northerly
 line  of the Nassau County Sewage Treatment Plant with the westerly side
 of Compton Street: [running thence] South [68°00'] 68°06'12" East, along
 the northerly line of said sewage treatment  plant,  [581]  573.10  feet
 plus  or  minus  to the centerline of the permanent easement for a force
 main described in section  five  of  this  act;  thence  South  [21°34']
 22°24'56"  West,  along  said centerline, [17] 19.74 feet plus or minus;
 thence South [14°28'] 22°24'56" West, [continuing] along THE  PRODUCTION
 OF  said centerline, [1,439] 5.25 feet [plus or minus], to the center of
 the herein described circular easement.  Containing  within  said  bound
 [707] 1,963 square feet plus or minus.  Said [permanent] TEMPORARY ease-
 ment  is for an access shaft that extends from the surface of the ground
 to an approximate depth of 70 feet. Any permanent  surface  improvements
 for  cathodic  protection,  if necessary, would be flush with the ground
 surface or integrated into site landscaping. Said parcel being  part  of
 property  designated  as Section: 42 Block: A Lots: 50, 57 on the Nassau
 County Land and Tax Map.
   § [5.] 4. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and being located at Bay Park,  Town  of
 Hempstead,  County  of Nassau and State of New York being a 20-foot wide
 strip of land  more  particularly  bounded  and  described  as  follows:
 [beginning]  BEGINNING  at  a  point on the northerly line of the Nassau
 County Sewage Treatment Plant property, said Point  of  Beginning  being
 South  [68°00'] 68°06'12" East, as measured along northerly line of said
 sewage treatment plant, [571] 563.10 feet plus or minus, from the inter-
 section of the northerly line Nassau County Sewage Treatment Plant  with
 the  westerly  side  of  Compton  Street;  running thence South [68°00']
 68°06'12" East, along the northerly line of said sewage treatment plant,
 20.00 feet plus or minus; thence  South  [21°34']  22°24'56"  West  [17]
 19.15  feet  plus or minus; thence South [14°28'] 14°35'11" West [1,463]
 1446.44 feet plus or minus; thence North [75°32'] 75°24'49"  West  20.00
 feet plus or minus; thence North [14°28'] 14°35'11" East [1,464] 1447.81
 feet plus or minus; thence North [21°34'] 22°24'56" East [18] 20.34 feet
 plus  or minus, to the northerly line of the Nassau County Sewage Treat-
 ment Plant, at the Point of Beginning.  Containing  within  said  bounds
 [29,600]  29,337  square feet. The above described permanent easement is
 for the construction and operation of a six-foot diameter force main  at
 a  minimum  depth  of fifteen feet below the ground surface. Said parcel

 S. 2508--A                         73                         A. 3008--A
 
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  [6.]  5.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at the
 hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
 York being more particularly bounded and described as follows: beginning
 at  a  point on the northwesterly line of the herein described temporary
 easement for the force main  shaft  construction  area,  said  Point  of
 Beginning being [more particularly described as commencing at the] NORTH
 44°03'41"  EAST  50.26  FEET PLUS OR MINUS, FROM THE intersection of the
 [southerly side of Sunrise  Highway  Street]  NORTHERLY  LINE  OF  LANDS
 LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED IN DEED DATED DECEMBER 5,
 1977,  RECORDED ON JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE
 IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS SHOWN ON MAP ENTITLED DEPART-
 MENT OF PUBLIC WORKS NASSAU COUNTY, N.Y., MAP SHOWING  LANDS  UNDER  THE
 JURISDICTION  OF  THE LONG ISLAND STATE PARK COMMISSION IN WANTAGH STATE
 PARK TO BE LICENSED TO THE COUNTY OF NASSAU FOR  PARK  AND  RECREATIONAL
 PURPOSES  IN THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER
 1976, AND ON FILE AT THE NEW YORK STATE OFFICE OF PARKS, RECREATION  AND
 HISTORIC PRESERVATION AS MAP NO. 21R-1860-1, with the southeasterly side
 of  Lakeview  Road,  FORMERLY  KNOWN  AS  OLD  MILL ROAD; running thence
 [southerly] along the southeasterly side of Lakeview Road [243 feet plus
 or minus, to the centerline of the], NORTH 44°03'41"  EAST  237.63  FEET
 PLUS  OR  MINUS;  THENCE  SOUTH 50°48'50" EAST 70.10 FEET PLUS OR MINUS;
 THENCE PARTLY THROUGH THE AFOREMENTIONED LANDS LICENSED TO THE COUNTY OF
 NASSAU BY THE STATE OF NEW YORK (LONG  ISLAND  STATE  PARK  COMMISSION),
 SOUTH  43°39'59"  WEST 239.51 FEET; THENCE PARTIALLY THROUGH A permanent
 [subsurface] DRAINAGE easement [for  force  main  described  in  section
 eight  of  this act; thence South 60°06' East, along said centerline, 25
 feet plus or minus, to the northwesterly line of the temporary easement]
 GRANTED FROM THE CITY OF NEW YORK TO THE COUNTY OF NASSAU, AS  SHOWN  ON
 MAP  OF  REAL  PROPERTY  TO  BE  ACQUIRED  for  the  [force  main  shaft
 construction area] IMPROVEMENT OF BELLMORE CREEK FROM WILSON  AVENUE  TO
 LAKEVIEW  ROAD,  FILED  FEBRUARY  8,  1979, AT THE NASSAU COUNTY CLERK'S
 OFFICE AS MAP NO. H-1841, AND ALSO THROUGH THE  AFOREMENTIONED  LICENSED
 LANDS,  NORTH 49°12'28" WEST 71.62 FEET PLUS OR MINUS; TO THE SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD, at the Point of Beginning.  [Running  thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.] Containing within
 said bounds [16,900]  16,864  square  feet  plus  or  minus.  The  above
 described  temporary easement is for the construction of a [thirty-foot]
 FORTY-FOUR-FOOT diameter PERMANENT access shaft. The  location  of  said
 PERMANENT access shaft is more particularly described in section [seven]
 SIX  of  this  act.    Said  parcel being part of property designated as
 Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax Map.
   § [7.] 6. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and being located at Hamlet of  Wantagh,
 Town  of  Hempstead,  County  of Nassau and State of New York being more

 S. 2508--A                         74                         A. 3008--A
 
 particularly bounded and described as follows: [a circular easement with
 a radius of 15 feet,] BEGINNING AT A POINT ON the [center] of SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD, said [circle] POINT OF BEGINNING being  [the
 following  two  (2)  courses]  NORTH  44°03'41" EAST 170.39 FEET PLUS OR
 MINUS, from the intersection of the [southerly side of Sunrise  Highway]
 NORTHERLY  LINE  OF LANDS LICENSED TO THE COUNTY OF NASSAU, AS DESCRIBED
 IN DEED DATED DECEMBER 5, 1977, RECORDED ON JANUARY  13,  1978,  AT  THE
 NASSAU  COUNTY CLERK'S OFFICE IN LIBER 9088 OF DEEDS AT PAGE 567, AND AS
 SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC WORKS  NASSAU  COUNTY,  N.Y.,
 MAP  SHOWING  LANDS UNDER THE JURISDICTION OF THE LONG ISLAND STATE PARK
 COMMISSION IN WANTAGH STATE PARK TO BE LICENSED TO THE COUNTY OF  NASSAU
 FOR  PARK  AND RECREATIONAL PURPOSES IN THE VICINITY OF WANTAGH, TOWN OF
 HEMPSTEAD, DATED SEPTEMBER 1976, AND ON  FILE  AT  THE  NEW  YORK  STATE
 OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC  PRESERVATION  AS  MAP NO.
 21R-1860-1, with the southeasterly side of Lakeview Road[:   Southerly],
 FORMERLY KNOWN AS OLD MILL ROAD; RUNNING THENCE, along the southeasterly
 side  of Lakeview Road [243 feet plus or minus, to the centerline of the
 permanent subsurface easement for force main, described in section eight
 of this act; South  60°06'  East,  along  said  centerline,  51],  NORTH
 44°03'41"  EAST  25.04  feet plus or minus, to the [center of the herein
 described circular easement.] BEGINNING OF A NON-TANGENT  CURVE;  THENCE
 111.59  FEET  PLUS OR MINUS ALONG SAID NON-TANGENT CIRCULAR CURVE TO THE
 RIGHT THAT HAS A RADIUS OF 22.00 FEET, SUBTENDS AN ANGLE OF  290°37'31",
 AND HAS A CHORD THAT BEARS SOUTH 44°03'41" WEST 25.04 FEET, TO THE POINT
 OF  BEGINNING.  Containing  within  said  bounds a surface area of [707]
 1,454 square feet plus or minus.  Said  permanent  easement  is  for  an
 access  shaft that extends from the surface of the ground to an approxi-
 mate depth of 70 feet.   THE PERMANENT  EASEMENT  ALLOWS  VEHICULAR  AND
 PERSONNEL ACCESS TO THE SHAFT AND WITHIN THE SHAFT FOR INSPECTION, MAIN-
 TENANCE,  REPAIR  AND RECONSTRUCTION. Any permanent surface improvements
 FOR A MANHOLE OR for cathodic protection, if necessary, would  be  flush
 with the ground surface or integrated into site landscaping. Said parcel
 being  part  of  property designated as Section: 56 Block: Y Lot: 259 on
 the Nassau County Land and Tax Map.
   § [8.] 7. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected, situate, lying and  being  located  at  the  Hamlet  of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 a  20-foot wide strip of land more particularly bounded and described as
 follows: [beginning at a point on the  southeasterly  side  of  Lakeview
 Road,  said  Point  of  Beginning  being  southwesterly 222 feet plus or
 minus, as measured along the southeasterly side of  Lakeview  Road  from
 the  intersection  of  the  southerly  side  of Sunrise Highway with the
 southeasterly side of Lakeview Road; thence South 60°06'  East  49  feet
 plus or minus; thence South 32°15' East 1,759 feet plus or minus; thence
 South  16°16' West 53 feet plus or minus; thence North 32°15' West 1,785
 feet plus or minus; thence North 60°06' West 53 feet plus or  minus,  to
 the southeasterly side of Lakeview Road; thence North 48°13' East, along
 the  southeasterly  side of Lakeview Road, 42 feet plus or minus, to the
 Point of Beginning. Containing within said  bounds  72,900  square  feet
 plus  or  minus.] BEGINNING AT THE INTERSECTION OF THE SOUTHERLY SIDE OF
 THE WANTAGH STATE PARKWAY, ALSO BEING THE SAME AS THE SOUTHERLY LINE  OF
 A PERMANENT EASEMENT GRANTED BY THE STATE OF NEW YORK (LONG ISLAND STATE
 PARK  COMMISSION) TO THE TOWN OF HEMPSTEAD FOR HIGHWAY PURPOSES SHOWN AS

 S. 2508--A                         75                         A. 3008--A
 
 PARCEL E ON MAP NO. 21R-1651, DATED SEPTEMBER 30, 1935 AND  ON  FILE  AT
 THE  NEW  YORK  STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION, WITH THE EASTERLY SIDE OF LINDEN STREET, ALSO BEING  THE  WESTERLY
 SIDE OF WANTAGH STATE PARKWAY; RUNNING THENCE SOUTH 87°54'31" WEST 16.42
 FEET  PLUS OR MINUS, ALONG THE SOUTHERLY SIDE OF THE WANTAGH STATE PARK-
 WAY; THENCE THROUGH THE AFOREMENTIONED EASEMENT,  NORTH  49°40'30"  WEST
 172.07  FEET  PLUS  OR MINUS; THENCE PARTIALLY THROUGH LANDS LICENSED TO
 THE COUNTY OF NASSAU BY THE STATE OF NEW YORK (LONG  ISLAND  STATE  PARK
 COMMISSION),  AS  DESCRIBED  IN DEED DATED DECEMBER 5, 1977, RECORDED ON
 JANUARY 13, 1978, AT THE NASSAU COUNTY CLERK'S OFFICE IN LIBER  9088  OF
 DEEDS  AT  PAGE  567, ALSO AS SHOWN ON MAP ENTITLED DEPARTMENT OF PUBLIC
 WORKS NASSAU COUNTY, N.Y., MAP SHOWING LANDS UNDER THE  JURISDICTION  OF
 THE  LONG  ISLAND  STATE  PARK  COMMISSION  IN  WANTAGH STATE PARK TO BE
 LICENSED TO THE COUNTY OF NASSAU FOR PARK AND RECREATIONAL  PURPOSES  IN
 THE VICINITY OF WANTAGH, TOWN OF HEMPSTEAD, DATED SEPTEMBER 1976, AND ON
 FILE  AT  THE  NEW  YORK  STATE OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION AS MAP NO.  21R-1860-1, NORTH 32°14'44" WEST 1,935.06 FEET;
 THENCE NORTH 60°00'15" WEST 18.68 FEET PLUS OR MINUS, TO THE  SOUTHEAST-
 ERLY SIDE OF LAKEVIEW ROAD; THENCE ALONG THE SOUTHEASTERLY SIDE OF LAKE-
 VIEW  ROAD,  NORTH 44°03'41" EAST 20.62 FEET PLUS OR MINUS; THENCE SOUTH
 60°00'15" EAST 18.61 FEET PLUS OR MINUS; THENCE  THROUGH  THE  AFOREMEN-
 TIONED  LICENSED LANDS, SOUTH 32°14'44" EAST 1,936.94 FEET; THENCE SOUTH
 49°40'30" EAST 294.48 FEET PLUS OR MINUS, TO THE WESTERLY  SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  ALSO  BEING  THE  SAME AS THE EASTERLY SIDE OF
 LINDEN STREET; THENCE NORTHWESTERLY  ALONG  THE  WESTERLY  SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  BEING ALSO THE EASTERLY SIDE OF LINDEN STREET,
 113.74 FEET PLUS OR MINUS ALONG THE ARC OF A NON-TANGENT CURVE,  BEARING
 TO  THE  LEFT,  HAVING  A  RADIUS OF 1,233.00', A CHORD THAT BEARS NORTH
 54°10'34" WEST 113.70 FEET PLUS OR MINUS, TO THE SOUTHERLY SIDE  OF  THE
 WANTAGH  STATE  PARKWAY,  AT  THE POINT OF BEGINNING.  CONTAINING WITHIN
 SAID BOUNDS 43,088 SQUARE FEET PLUS OR MINUS. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  56
 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
   §  [9.]  8.  TEMPORARY  EASEMENT - Force main shaft construction area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements  thereon  erected,  situate, lying and being located at the
 hamlet of Wantagh, Town of Hempstead, County of Nassau and State of  New
 York  being  more particularly bounded and described as follows: [begin-
 ning] BEGINNING at a point on the northerly line of the herein described
 temporary easement for [the force main shaft] construction [area]  STAG-
 ING,  said  Point  of  Beginning  being  more  particularly described as
 commencing at the intersection of the southerly  side  of  Byron  Street
 with  the  easterly  side of Wantagh Parkway; running thence [southerly]
 SOUTH 02°05'40" EAST, along the easterly side of Wantagh Parkway  [319],
 392.77 feet plus or minus, to the centerline of the permanent subsurface
 easement  for force main, described in section [eleven] TEN of this act;
 thence South [19°15']  19°14'42"  East,  along  said  centerline,  [257]
 166.40  feet plus or minus, to the northerly line of the temporary ease-
 ment for [the force main shaft]  construction  [area]  STAGING,  at  the
 Point  of Beginning. Running thence North [87°25'] 87°24'47" East 122.41
 feet plus or minus; thence [south  33°56']  SOUTH  33°56'04"  East  [68]
 67.89 feet plus or minus; thence South [04°43'] 04°43'16 East [54] 53.69

 S. 2508--A                         76                         A. 3008--A
 
 feet  plus or minus; thence South [86°38'] 86°37'33 West 78.30 feet plus
 or minus; thence South [02°20'] 02°20'25 East 83.22 feet plus or  minus;
 thence  South  [47°04']  47°03'34" West [103] 102.51 feet plus or minus;
 thence  South  [86°22']  86°22'25"  West  [28] 27.76 feet plus or minus;
 thence North [08°39'] 07°01'12" West [264] 263.59 feet  plus  or  minus;
 thence  North  [87°25'] 87°24'47" East [53] 45.17 feet plus or minus, to
 the Point of Beginning. Containing within said  bounds  [36,500]  35,505
 square feet plus or minus. The above described temporary easement is for
 the  construction  of  a  [thirty-foot]  FORTY-FOUR-FOOT diameter access
 shaft. The location of said TEMPORARY access shaft is more  particularly
 described in section ten of this act. Said parcel being part of property
 designated  as  Section:  63  Block: 261 Lots: 765G, 765H, 818A (Part of
 Cedar Creek Park) on the Nassau County Land and Tax Map.
   § [10.] 9. [PERMANENT] TEMPORARY SUBSURFACE EASEMENT -  Access  shaft.
 Parkland  upon  and  under which a permanent easement may be established
 pursuant to subdivision (a) of section one of this act is  described  as
 all  that  certain  plot,  piece  or  parcel  of land with buildings and
 improvements thereon erected, situate, lying and being located at Hamlet
 of Wantagh, Town of Hempstead, County of Nassau and State  of  New  York
 being  more  particularly  bounded  and described as follows: a circular
 easement with a radius of [15] 22 feet, the center of said circle  being
 the  following  two  (2)  courses from the intersection of the southerly
 side of Byron Street with the easterly side of Wantagh Parkway:  [South-
 erly]  SOUTH  02°05'40"  EAST along the easterly side of Wantagh Parkway
 [319], 392.77 feet plus or minus, to the  centerline  of  the  permanent
 subsurface easement for force main, described in section [eleven] TEN of
 this  act;  thence South [19°15'] 19°14'42" East, along said centerline,
 [315] 224.60 feet plus or minus, to the center of the  herein  described
 circular easement. Containing within said bounds a surface area of [707]
 1,521  square feet plus or minus. Said [permanent] TEMPORARY easement is
 for an access shaft that extends from the surface of the  ground  to  an
 approximate  depth  of  70  feet. Any permanent surface improvements for
 cathodic protection, if  necessary,  would  be  flush  with  the  ground
 surface  or  integrated into site landscaping. Said parcel being part of
 property designated as Section: 63 Block: 261  Lots:  765G,  765H,  818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  [11.] 10. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected,  situate,  lying  and  being  located at the Hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 a 20-foot wide strip of land more particularly bounded and described  as
 follows:  beginning at a point on the easterly side of THE Wantagh STATE
 Parkway, said Point of Beginning being [southerly 285]  SOUTH  02°05'40"
 EAST  358.86 feet plus or minus[, as measured along the easterly side of
 Wantagh Parkway] from the intersection of the southerly  side  of  Byron
 Street  with  the easterly side of Wantagh Parkway; running thence South
 [19°15'] 19°14'42" East [349] 258.49 feet plus or  minus;  thence  South
 [02°17']  02°16'58"  East  [1,882]  1,725.93  feet plus or minus; thence
 [South 09°25' East 1,202]  SOUTHWESTERLY  43.40  feet  plus  or  minus[;
 thence South 80°35'] ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADI-
 US OF 1,075.00 FEET AND A CHORD THAT BEARS SOUTH 25°09'48" West [20 feet
 plus or minus; thence North 09°25' West 1,203] 43.39 feet plus or minus;
 thence  North  [02°17']  02°16'58"  West  [1,880]  1,761.45 feet plus or
 minus; thence North [19°15'] 19°14'42" West [281] 190.70  feet  plus  or

 S. 2508--A                         77                         A. 3008--A
 
 minus,  to  the  easterly side of Wantagh Parkway; thence North [02°09']
 02°05'40" West, along the easterly side of Wantagh Parkway,  [68]  67.82
 feet  plus  or  minus, to the Point of Beginning. Containing within said
 bounds  [68,000]  39,359  square feet plus or minus. The above described
 permanent easement is for the construction and operation of  a  six-foot
 diameter  force main at a minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  63
 Block:  261  Lots:  765G,  818A (Part of Cedar Creek Park) on the Nassau
 County Land and Tax Map.
   § [12.] 11. Should the lands described in sections [four, five, seven,
 eight, ten] FOUR, SIX, SEVEN and [eleven] TEN of this act  cease  to  be
 used  for  the purposes described in section one of this act, the perma-
 nent easements established pursuant to section one  of  this  act  shall
 cease and such lands shall be restored and dedicated as parklands.
   §  [13.] 12. In the event that the county of Nassau received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance,  or  improvement  of  the  parklands  set forth in sections
 [three] TWO through [eleven] TEN of this  act,  the  discontinuance  and
 alienation  of  such  parklands authorized by the provisions of this act
 shall not occur until the county of Nassau has complied with any  appli-
 cable federal requirements pertaining to the alienation or conversion of
 parklands,  including  satisfying the secretary of the interior that the
 alienation or conversion complies with all conditions which  the  secre-
 tary of the interior deems necessary to assure the substitution of other
 lands  shall  be  equivalent  in fair market value and usefulness to the
 lands being alienated or converted.
   § [14.] 13. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Subject to the provisions of this act, the village of  East
 Rockaway,  in  the  county  of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 [four] THREE and [five] FOUR of this act and to  grant  permanent  ease-
 ments on such lands to the State of New York or county of Nassau for the
 purpose  of constructing, operating, maintaining and repairing a subsur-
 face sewer main, and (b) discontinue temporarily the use as parkland the
 lands described in section [three] TWO of this act and  grant  temporary
 easements  on  such  lands  to  the  county of Nassau for the purpose of
 constructing a subsurface sewer main.  Authorization for  the  temporary
 easement  described  in section [three] TWO of this act shall cease upon
 the completion of the construction of the sewer main, at which time  the
 department  of  environmental  conservation shall restore the surface of
 the parklands disturbed and the parklands shall continue to be used  for
 park purposes as they were prior to the grant of the temporary easement.
 Authorization  for  the permanent easements described in sections [four]
 THREE and [five] FOUR of this act shall require that the  department  of
 environmental   conservation   restore  the  surface  of  the  parklands
 disturbed and the parklands shall continue to be used for park  purposes
 as they were prior to the establishment of the permanent easements.
   [§  2.  The authorization provided in section one of this act shall be
 effective only upon the condition that  the  village  of  East  Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 parklands  being discontinued to the acquisition of new parklands and/or
 capital improvements to existing park and recreational facilities.]

 S. 2508--A                         78                         A. 3008--A
 
   § [3.] 2. TEMPORARY EASEMENT - Force  Main  Shaft  Construction  Area.
 Parkland upon and under which a temporary easement may be granted pursu-
 ant  to  subdivision  (b)  of  section  one  of this act is described as
 follows: all that certain plot, piece or parcel of land  with  buildings
 and  improvements  thereon  erected, situate, lying and being located at
 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
 of Hempstead, County of Nassau and State of New York being more  partic-
 ularly  bounded  and  described as follows:   [beginning] BEGINNING at a
 point on the westerly line of the herein  described  temporary  easement
 for  the  force  main  shaft  construction area, said Point of Beginning
 being more particularly described as commencing at the [intersection  of
 the  northeasterly  side  of  Long Island Railroad right-of-way with the
 easterly side of Ocean Avenue; running thence North 12°34'  East,  along
 the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
 erly line] NORTHEAST CORNER of property [designated as Section 38  Block
 E  Lot  14, on the] DESCRIBED IN DEED DATED SEPTEMBER 16, 1964 FROM MARY
 T. CARETTO TO  THE  INCORPORATED  VILLAGE  OF  EAST  ROCKAWAY,  RECORDED
 SEPTEMBER  18,  1964  AT  THE  Nassau County [Land and Tax Map;] CLERK'S
 OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494, RUNNING thence South [74°46']
 76°23'40" East, [partly along said northerly line, 206] ON THE NORTHERLY
 PROPERTY LINE PRODUCED, OF PROPERTY DESCRIBED  IN  THE  AFORESAID  LIBER
 7317  PAGE  494, A DISTANCE OF 53.41 feet plus or minus, to the westerly
 line of the HEREIN DESCRIBED  temporary  easement[,]  at  the  Point  of
 Beginning.  Running thence North [15°34'] 14°03'08" East [49] 42.21 feet
 plus or minus; thence South [67°33'] 67°25'43" East  [238]  237.47  feet
 plus or minus; thence South [07°07'] 04°13'09" West [31] 35.58 feet plus
 or minus; thence South [86°06'] 86°58'21" West [161] 165.83 feet plus or
 minus;  thence  South [64°59'] 64°59'21" West [117] 106.15 feet [plus or
 minus]; thence North [15°34'] 14°03'08" East [140] 143.63 feet  plus  or
 minus,  to  the  Point  of  Beginning.    Containing  within said bounds
 [23,000] 23,103 square feet plus or minus. The above described temporary
 easement is for the  construction  of  a  [thirty-foot]  FORTY-FOUR-FOOT
 diameter  access  shaft.  The location of said PERMANENT access shaft is
 more particularly described in section [four] THREE of  this  act.  Said
 parcel being part of property designated as Section: 38, Block: E, Lots:
 12, 14, 21A, 21B on the Nassau County Land and Tax Map.
   §  [4.] 3. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon
 and under which a permanent easement may be granted pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
 Nassau  and  State  of  New  York  being  more  particularly bounded and
 described as follows: a circular easement with a radius of [15] 22 feet,
 the center of said circle being the following [three (3)] TWO (2) cours-
 es from the [intersection of the northeasterly side of Long Island Rail-
 road right-of-way with the easterly side of Ocean Avenue;  North  12°34'
 East, along the easterly side of Ocean Avenue, 92 feet plus or minus, to
 the  northerly line] NORTHEAST CORNER of property [designated as Section
 38 Block E Lot 14 on the] DESCRIBED IN DEED  DATED  SEPTEMBER  16,  1964
 FROM  MARY  T.  CARETTO  TO  THE  INCORPORATED VILLAGE OF EAST ROCKAWAY,
 RECORDED SEPTEMBER 18, 1964 AT THE Nassau  County  [Land  and  Tax  Map]
 CLERK'S  OFFICE  IN  LIBER  7317  OF  DEEDS  AT PAGE 494; South [74°46']
 76°23'40" East, [partly along] ON the [said] northerly  PROPERTY  line[,
 333]  PRODUCED,  OF  PROPERTY DESCRIBED IN THE AFORESAID LIBER 7317 PAGE
 494, A DISTANCE OF 185.51 feet plus or minus[,]; to  the  centerline  of

 S. 2508--A                         79                         A. 3008--A
 
 the  PERMANENT  subsurface easement for force main, described in section
 [five] FOUR of this act; thence [South 19°04' West,] along said EASEMENT
 centerline[, 16] SOUTH 19°04'18" WEST 22.47 feet plus or minus,  to  the
 center of the herein described circular easement. Containing within said
 bounds  a  surface  area  of [707] 1,521 square feet plus or minus. Said
 permanent easement is for an access shaft that extends from the  surface
 of  the  ground to an approximate depth of 70 feet.  THE PERMANENT EASE-
 MENT ALLOWS VEHICULAR AND PERSONNEL ACCESS TO THE SHAFT AND  WITHIN  THE
 SHAFT FOR INSPECTION, MAINTENANCE, REPAIR AND RECONSTRUCTION. Any perma-
 nent  surface  improvements FOR A MANHOLE OR for cathodic protection, if
 necessary, would be flush with the ground  surface  or  integrated  into
 site  landscaping.  Said  parcel  being  part  of property designated as
 Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the Nassau County  Land
 and Tax Map.
   §  [5.]  4.  PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon
 and under which a permanent easement may be granted pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East  Rockaway,  and the Hamlet of Oceanside, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  [beginning]  BEGINNING  at  a  point  on  the
 westerly  line  of  the  herein described permanent subsurface easement,
 said Point of Beginning being more particularly described as  commencing
 at  the  [intersection of the northeasterly side of Long Island Railroad
 right-of-way with the easterly side  of  Ocean  Avenue;  running  thence
 North 12°34' East, along the easterly side of Ocean Avenue, 92 feet plus
 or  minus,  to  the northerly line] NORTHEAST CORNER of property [desig-
 nated as Section 38 Block E Lot 14  on  the]  DESCRIBED  IN  DEED  DATED
 SEPTEMBER  16,  1964 FROM MARY T. CARETTO TO THE INCORPORATED VILLAGE OF
 EAST ROCKAWAY, RECORDED SEPTEMBER 18, 1964 AT THE  Nassau  County  [Land
 and  Tax Map; thence] CLERK'S OFFICE IN LIBER 7317 OF DEEDS AT PAGE 494;
 RUNNING THENCE South [74°46'] 76°23'40"  East,  [partly  along]  ON  the
 [said] northerly PROPERTY line[, 323] PRODUCED, OF PROPERTY DESCRIBED IN
 THE  AFORESAID  LIBER  7317  PAGE 494, A DISTANCE OF 175.47 feet plus or
 minus, to the westerly line of the HEREIN DESCRIBED permanent  easement,
 at the Point of Beginning.  Running thence North [19°04'] 19°04'18" East
 [73] 31.11 feet plus or minus, to the [northerly line of property desig-
 nated  as  Section  38 Block E Lot 21A on the Nassau County Land and Tax
 Map] SOUTHERLY SIDE OF MILL RIVER; thence South [60°10'] 67°42'35" East,
 along [said northerly line] THE SOUTHERLY SIDE OF MILL RIVER, [20] 20.03
 feet plus or minus; thence South [19°04'] 19°04'18" West [82] 48.37 feet
 plus or minus; thence South [15°40'] 15°40'03"  East  [116]  55.00  feet
 plus  or  minus,  to the [south line] NORTHERLY SIDE of [property desig-
 nated as Section 38 Block E Lot 21A on the Nassau County  Land  and  Tax
 Map]  MILL  RIVER;  thence North [88°09'] 84°40'35" West [21], ALONG THE
 NORTHERLY SIDE OF MILL RIVER, 20.33 feet plus  or  minus;  thence  North
 [15°40']  15°40'03"  West  [116]  57.60 feet plus or minus; thence North
 [19°04'] 19°04'18" East [19] 24.64 feet plus or minus, to the  Point  of
 Beginning.  Containing within said bounds [4,100] 2,167 square feet plus
 or minus. The above described permanent easement is for the construction
 and operation of a six-foot diameter force main at a  minimum  depth  of
 fifteen feet below the ground surface. Said parcel being part of proper-
 ty  designated  as  Section: 38, Block: E, Lots: 12, 14, 21A, 21B on the
 Nassau County Land and Tax Map.

 S. 2508--A                         80                         A. 3008--A

   § [6.] 5. Should the lands described  in  sections  [four]  THREE  and
 [five]  FOUR  of this act cease to be used for the purposes described in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  [7.] 6. In the event that the village of East Rockaway received any
 funding support or  assistance  from  the  federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections [three] TWO through [five] FOUR of this act, the discontinuance
 and alienation of such parklands authorized by the  provisions  of  this
 act shall not occur until the village of East Rockaway has complied with
 any  applicable  federal  requirements  pertaining  to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-
 rior that the alienation or  conversion  complies  with  all  conditions
 which  the  secretary  of  the  interior  deems  necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § [8.] 7. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Subject to the provisions of this act, the village of Rock-
 ville Centre, in the county of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 [three, four] TWO and [six] FIVE of this  act  and  to  grant  permanent
 easements on such lands to the State of New York or county of Nassau for
 the  purpose  of  constructing,  operating,  maintaining and repairing a
 subsurface sewer main, and (b) discontinue temporarily the use as  park-
 land  the lands described in sections [five] THREE, FOUR and [seven] SIX
 of this act and grant temporary easements on such lands to the county of
 Nassau for the purpose of constructing a subsurface sewer main.  Author-
 ization for the temporary easements described in sections [five]  THREE,
 FOUR  and [seven] SIX of this act shall cease upon the completion of the
 construction of the sewer main, at which time the department of environ-
 mental conservation shall restore the surface of the parklands disturbed
 and the parklands shall continue to be used for park  purposes  as  they
 were  prior  to  the grant of the temporary easements. Authorization for
 the permanent easements described in  sections  [three,  four]  TWO  and
 [six]  FIVE  of  this  act shall require that the department of environ-
 mental conservation restore the surface of the parklands  disturbed  and
 the  parklands  shall continue to be used for park purposes as they were
 prior to the establishment of the permanent easements.
   [§ 2. The authorization provided in section one of this act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.]
   §  [3.]  2.  PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon
 and under which a permanent easement  may  be  established  pursuant  to
 subdivision  (a)  of  section  one  of this act is described as all that
 certain plot, piece or parcel of land with  buildings  and  improvements
 thereon  erected,  situate,  lying  and  being  located  at Incorporated
 Village of East Rockaway, and  the  Incorporated  Village  of  Rockville
 Centre, Town of Hempstead, County of Nassau and State of New York, being
 a  20-foot wide strip of land more particularly bounded and described as

 S. 2508--A                         81                         A. 3008--A
 
 follows: [the] BEGINNING AT A POINT ON THE NORTHERLY SIDE OF MILL  RIVER
 AVENUE,  SAID  Point  of  Beginning  being [at] SOUTH 74°20'24" EAST, AS
 MEASURED ALONG THE NORTHERLY SIDE OF MILL RIVER AVENUE, 60.73 FEET  PLUS
 OR  MINUS  FROM  the  intersection  of  the northerly side of Mill River
 Avenue with the easterly side of Riverside Road; running thence  [north-
 erly  along  the easterly side of Riverside Road 346 feet plus or minus;
 thence South 13°01' West 346] NORTH 10°26'55" EAST 461.31 feet  plus  or
 minus,  to  the  [northerly]  SOUTHERLY  side of [Mill River] SOUTH PARK
 Avenue; thence [westerly] along the [northerly] SOUTHERLY side of  [Mill
 River]  SOUTH  PARK Avenue, [17] SOUTH 79°11'54" EAST 20.00 FEET PLUS OR
 MINUS, THENCE SOUTH 10°26'55" WEST 463.01 feet plus  or  minus,  to  the
 [easterly  side  of  Riverside  Road,  at]  NORTHERLY SIDE OF MILL RIVER
 AVENUE, THENCE ALONG THE NORTHERLY SIDE  OF  MILL  RIVER  AVENUE,  NORTH
 74°20'24"  WEST  20.08  FEET  PLUS  OR MINUS, TO the Point of Beginning.
 Containing within said bounds [3,100] 9,243 square feet plus  or  minus.
 The above described permanent easement is for the construction and oper-
 ation  of  a  six-foot diameter force main at a minimum depth of fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated as Section: 38 Block: 136 Lots: 231 on the Nassau County Land  and
 Tax Map.
   §  [4.]  3.  [PERMANENT] TEMPORARY SUBSURFACE EASEMENT - Access Shaft.
 Parkland upon and under which a [permanent] TEMPORARY  easement  may  be
 established  pursuant  to  subdivision (a) of section one of this act is
 described as all that certain plot, piece or parcel of land with  build-
 ings  and improvements thereon erected, situate, lying and being located
 at Incorporated Village of Rockville  Centre,  Incorporated  Village  of
 East  Rockaway, and Incorporated Village of Lynbrook, Town of Hempstead,
 County of Nassau and State of New York being more  particularly  bounded
 and  described as a circular easement with a radius of [15] 22 feet, the
 center of said circle being the  following  two  (2)  courses  from  the
 intersection of the northerly side of SOUTH Park Avenue with the easter-
 ly side of [Oxford] CHESTER Road: [Easterly] SOUTH 79°24'16" EAST, along
 the  northerly  side  of  SOUTH  Park  Avenue, [203] 247.33 feet plus or
 minus, to the centerline of the permanent subsurface easement for  force
 main  described  in  section  [six]  FIVE  of  this  act; North [13°01']
 10°26'55" East, along said centerline, [953] 953.71 feet plus or  minus,
 to  the  center  of  the herein described circular easement.  Containing
 within said bounds a surface area of [707] 1,521  square  feet  plus  or
 minus.  Said  [permanent] TEMPORARY easement is for an access shaft that
 extends from the surface of the ground to an  approximate  depth  of  70
 feet.  Any  permanent  surface  improvements for cathodic protection, if
 necessary, would be flush with the ground  surface  or  integrated  into
 site  landscaping.  Said  parcel  being  part  of property designated as
 Section: 38 Block: F [Lots: 39-42, 50C,]  LOT:  50F  [and  Section:  38,
 Block: T, Lots: 50A, 50B, 50C] on the Nassau County Land and Tax Map.
   §  [5.]  4.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of Rockville Centre, Incorporated Village of East Rocka-
 way,  and Incorporated Village of Lynbrook, Town of Hempstead, County of
 Nassau and State  of  New  York  being  more  particularly  bounded  and
 described  as follows: Beginning at a point on the southerly side of the
 herein  described  temporary  easement  for  [the  force   main   shaft]
 construction  [area] STAGING, said Point of Beginning being more partic-

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 ularly described as commencing at the intersection of the northerly side
 of SOUTH Park Avenue with the easterly side of  [Oxford]  CHESTER  Road;
 running thence [easterly] SOUTH 79°24'16" EAST, along the northerly side
 of SOUTH Park Avenue, [203] 247.33 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 [six] FIVE of this act; thence North [13°01'] 10°26'55" East, along said
 centerline,  [920]  920.41  feet plus or minus, to the southerly line of
 the temporary easement, at the Point of Beginning. Running thence  North
 [76°19']  76°19'09" West [136 feet plus or minus, to the easterly termi-
 nus of Merton Avenue (unopened); thence North 76°19' West,  through  the
 unopened  part  of  Merton Avenue, 48] 185.92 feet plus or minus; thence
 North [14°49'] 14°49'03" East [5' feet plus or minus, to  the  northerly
 side  of Merton Avenue; thence North 14°49' East 27'] 31.83 feet plus or
 minus; thence South [76°29'] 76°28'34" East  [66]  65.98  feet  plus  or
 minus;  thence  North  [36°47']  36°46'43"  East [61] 60.84 feet plus or
 minus; thence North [78°41'] 78°41'29" East [145] 145.19  feet  plus  or
 minus;  thence  South  [65°54']  65°54'19"  East [46] 45.62 feet plus or
 minus; thence South [29°39'] 29°38'55" WEST 146.71 FEET PLUS  OR  MINUS;
 THENCE NORTH 76°19'09" West [147 feet plus or minus; thence North 76°19'
 West 42] 40.66 feet plus or minus, to the Point of Beginning. Containing
 within  said bounds [22,800] 22,827 square feet plus or minus. The above
 described temporary easement is for the construction of a  [thirty-foot]
 FORTY-FOUR-FOOT  diameter  access  shaft. The location of said TEMPORARY
 access shaft is more particularly described in section [four]  THREE  of
 this  act.  Said parcel being part of property designated as Section: 38
 Block: F [Lots: 39-42, 50C,] LOT: 50F and [Section: 38, Block: T,  Lots:
 50A,  50B,  50C]  PART  OF MERTON AVENUE (NOT OPEN) on the Nassau County
 Land and Tax Map.
   § [6.] 5. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon
 and  under  which  a  permanent  easement may be established pursuant to
 subdivision (a) of section one of this act  is  described  as  all  that
 certain  plot,  piece  or parcel of land with buildings and improvements
 thereon erected,  situate,  lying  and  being  located  at  Incorporated
 Village  of Rockville Centre, Incorporated Village of East Rockaway, and
 Incorporated Village of Lynbrook, Town of Hempstead,  County  of  Nassau
 and  State  of  New York being a 20-foot wide strip of land more partic-
 ularly bounded and described as follows:   [beginning]  BEGINNING  at  a
 point  on the northerly side of SOUTH Park Avenue, said [Point of Begin-
 ning 193 feet plus or minus easterly, as  measured]  POINT  BEING  SOUTH
 79°24'16"  EAST,  along  the northerly side of SOUTH Park Avenue, 237.33
 FEET PLUS OR MINUS, from the intersection of the northerly side of SOUTH
 Park Avenue with the easterly side of  [Oxford]  CHESTER  Road;  running
 thence  North  [13°01']  10°26'55" East [956] 956.35 feet plus or minus;
 thence North [44°00'] 40°12'27" East [446] 464.95 feet plus or minus, to
 the [northeasterly line of property designated as Section 38 Block F Lot
 50F, on the Nassau County Land and Tax Map] WESTERLY SIDE OF MILL RIVER;
 thence [South 53°10' East,] along  [said  northeasterly  line,  20]  THE
 WESTERLY  SIDE  OF  MILL  RIVER  THE  FOLLOWING  FIVE  (5) COURSES SOUTH
 10°54'32" EAST 4.49 FEET PLUS OR MINUS; SOUTH 08°32'16" WEST  6.44  FEET
 PLUS  OR  MINUS;  SOUTH  17°55'44  WEST  8.24  FEET PLUS OR MINUS; SOUTH
 10°55'50" WEST 4.90 FEET PLUS OR MINUS; SOUTH 07°44'20" WEST 14.16  feet
 plus  or  minus;  thence South [44°00'] 40°12'27" West [443] 427.49 feet
 plus or minus; thence South [13°01'] 10°26'55" West  [950]  951.08  feet
 plus  or  minus[,]  to  the  northerly side of SOUTH Park Avenue; thence
 North [79°36'] 79°24'16" West, along [said] THE northerly side OF  SOUTH
 PARK  AVENUE, [20] 20.00 feet plus or minus, to the Point of Beginning[;

 S. 2508--A                         83                         A. 3008--A

 containing]. CONTAINING within said bounds [28,000] 28,014  square  feet
 plus  or  minus.  The  above  described  permanent  easement  is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 38 Block: F [Lots:  39-42, 50C,]
 LOT: 50F and Section: 38, Block: T, [Lots] LOT: 50A[, 50B, 50C]  on  the
 Nassau County Land and Tax Map.
   §  [7.]  6.  TEMPORARY  EASEMENT - Force Main Shaft Construction Area.
 Parkland upon and under which a temporary easement  may  be  established
 pursuant  to  subdivision (b) of section one of this act is described as
 all that certain plot, piece  or  parcel  of  land  with  buildings  and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of Rockville Centre, Town of Hempstead, County of Nassau
 and  State  of New York being more particularly bounded and described as
 follows: [beginning] BEGINNING at a  point  on  the  northerly  side  of
 Sunrise  Highway  (New York State Route [27A] 27), said [Point of Begin-
 ning] POINT being distant [254] 82.57 feet [plus or minus] westerly  [as
 measured]  along  the northerly side of Sunrise Highway from the [inter-
 section of] EXTREME WESTERLY AND OF AN ARC OF  A  CURVE  CONNECTING  the
 northerly side of Sunrise Highway with the westerly side of NORTH Forest
 Avenue[;  running]. RUNNING thence [North 86°15' West,] along the north-
 erly side of Sunrise Highway THE FOLLOWING THREE (3) COURSES:  SOUTHWES-
 TERLY  250.24 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO THE
 LEFT HAVING A RADIUS OF  862.00  FEET  AND  A  CHORD  THAT  BEARS  SOUTH
 77°03'07"  WEST  249.36  FEET  PLUS  OR  MINUS, [175 feet plus or minus;
 thence] South [68°26'] 68°43'30" West[, continuing along  the  northerly
 side  of  Sunrise Highway, 111] 161.85 FEET PLUS OR MINUS; SOUTHWESTERLY
 20.44 FEET PLUS OR MINUS ALONG THE ARC OF A CURVE BEARING TO  THE  RIGHT
 HAVING  A  RADIUS  OF 592.00 FEET AND A CHORD THAT BEARS SOUTH 69°00'05"
 WEST 20.44 feet plus or minus;  thence  North  [14°47']  14°30'46"  West
 [162]  215.45  feet  plus  or minus, to the southerly side of [the] Long
 Island Rail Road [right-of-way]; thence [South 86°59' East,]  along  the
 southerly  side of the Long Island Rail Road, [479] SOUTH 87°41'41" EAST
 469.93 feet plus or minus; thence South  [01°59']  02°13'26"  West  [75]
 67.80  feet  plus  or minus, to the northerly side of [the travelled way
 of] Sunrise Highway, [then 160 feet plus or minus along  the  arc  or  a
 circular  curve  to  the  left that has a radius of 850 feet and a chord
 that bears South 80°03' West 160 feet plus or minus to] AT the Point  of
 Beginning.    Containing  within said bounds [50,300] 57,506 square feet
 plus or minus. The above described temporary easement is  necessary  for
 the construction of temporary access to the aqueduct below Sunrise High-
 way  area.  Said parcel being part of property designated as Section: 38
 Block: 291 Lot: 17 on the Nassau County Land and Tax Map.
   § [8.] 7. Should the lands described in sections [three, four] TWO and
 [six] FIVE of this act cease to be used for the  purposes  described  in
 section one of this act, the permanent easements established pursuant to
 section one of this act shall cease and such lands shall be restored and
 dedicated as parklands.
   §  [9.]  8. In the event that the village of Rockville Centre received
 any funding support or assistance from the federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections [three] TWO through [seven] SIX of this act, the discontinuance
 and alienation of such parklands authorized by the  provisions  of  this
 act  shall  not occur until the village of Rockville Centre has complied
 with any applicable federal requirements pertaining to the alienation or
 conversion of parklands, including satisfying the secretary of the inte-

 S. 2508--A                         84                         A. 3008--A
 
 rior that the alienation or  conversion  complies  with  all  conditions
 which  the  secretary  of  the  interior  deems  necessary to assure the
 substitution of other lands shall be equivalent in fair market value and
 usefulness to the lands being alienated or converted.
   § [10.] 9. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a court
 of competent jurisdiction to be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation to the clause, sentence, paragraph, subdivision, section,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment shall have been rendered. It is hereby declared to be the
 intent of the legislature that this act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  Subparagraph  (i)  of  paragraph  3 of subdivision (a) of
 section 21 of the tax law, as amended by section 17 of part BB of  chap-
 ter 56 of the laws of 2015, is amended to read as follows:
   (i)  The  tangible  property  credit  component  shall be equal to the
 applicable percentage of the cost or other basis for federal income  tax
 purposes  of  tangible  personal  property  and other tangible property,
 including  buildings  and  structural  components  of  buildings,  which
 constitute qualified tangible property and may include any related party
 service  fee  paid; provided that in determining the cost or other basis
 of such property, the taxpayer shall exclude the acquisition cost of any
 item of property with respect to which a credit under this  section  was
 allowable  to  another  taxpayer.  A  related party service fee shall be
 allowed only in the calculation of the tangible property  credit  compo-
 nent and shall not be allowed in the calculation of the site preparation
 credit  component  or  the on-site groundwater remediation credit compo-
 nent. The portion of the tangible property  credit  component  which  is
 attributable  to  related  party  service  fees shall be allowed only as
 follows: (A) in the taxable year in which the qualified tangible proper-
 ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
 service,  for  that portion of the related party service fees which have
 been earned and actually paid to the related party on or before the last
 day of such taxable year; and (B) with respect to any other taxable year
 for which the tangible property credit component may  be  claimed  under
 this  subparagraph  and  in  which  the amount of any additional related
 party service fees are actually paid by  the  taxpayer  to  the  related
 party,  the  tangible property credit component for such amount shall be
 allowed in such taxable year. The credit component amount so  determined
 shall  be  allowed for the taxable year in which such qualified tangible
 property is first placed in service on a qualified site with respect  to
 which  a  certificate  of completion has been issued to the taxpayer, or
 for the taxable year in which the certificate of completion is issued if
 the qualified tangible property is placed in service prior to the  issu-
 ance  of the certificate of completion. This credit component shall only
 be allowed for up to one hundred twenty months after  the  date  of  the
 issuance  of such certificate of completion, PROVIDED, HOWEVER, THAT FOR

 S. 2508--A                         85                         A. 3008--A
 
 QUALIFIED SITES TO WHICH A CERTIFICATE OF COMPLETION  IS  ISSUED  ON  OR
 AFTER MARCH TWENTIETH, TWO THOUSAND TEN, BUT PRIOR TO JANUARY FIRST, TWO
 THOUSAND  TWELVE,  THE  CREDIT  COMPONENT SHALL BE ALLOWED FOR UP TO ONE
 HUNDRED FORTY-FOUR MONTHS AFTER THE DATE OF SUCH ISSUANCE.
   § 2. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Notwithstanding the contrary provisions of section 9-0501
 of the environmental conservation law and the contrary provisions of the
 public lands  law,  the  department  of  environmental  conservation  is
 authorized  to grant easements for buried cables on real property within
 the Farmersville State Forest, Lost Nation State Forest, and Swift  Hill
 State Forest, which meet the following conditions:
   (a)  The  easements are for buried electric cables which are part of a
 wind powered electric generation project located in the towns  of  Rush-
 ford, Farmersville, Arcade, Centerville, Freedom, and Machias.
   (b)  The  easements  are for a portion of the property within Farmers-
 ville State Forest, Lost Nation  State  Forest,  and  Swift  Hill  State
 Forest owned by the state and managed by the department of environmental
 conservation. The buried cables shall be:
   (1)  located  underground  for approximately 500 feet between turbines
 101 and 102 (which are sited on  private  land),  and  passing  below  a
 section of Farmersville State Forest in Cattaraugus County;
   (2) located underground for approximately 1,600 feet on the south side
 of Hess Road along the Farmersville State Forest boundary in Cattaraugus
 County,  turning southwest to follow an existing track for approximately
 420 feet, and continuing west along the  northern  parcel  boundary  for
 approximately  1,300  feet to the property line, to connect turbines 100
 and 104 (both sited on private land);
   (3) located underground for approximately 2,950 feet  along  the  west
 side  of  North Hill Road in Lost Nation State Forest in Allegany County
 to connect turbines 73, 75, 76, and 77 (all sited on  private  land)  to
 the rest of the project; and
   (4)  located underground for approximately 1,150 feet on the east side
 of Rushford Road, along the western edge of Swift Hill State  Forest  in
 Allegany  County  to connect turbines 124 and 125 (both sited on private
 land) to the rest of the project.
   (c) The easements will be conveyed by the department of  environmental
 conservation  and  take  effect only in the event the underground cables
 proposed to be on such easement lands are certified and approved as part
 of a wind powered electric generation facility pursuant to article 10 of
 the public service law.
   (d) The easements shall terminate when  the  associated  wind  powered
 electric generation project ceases to operate for 18 months as set forth
 in  the easements and the easements shall then revert to the state to be
 managed by the department of environmental conservation as state  forest
 land.
   (e)  The  use  of  chemicals/herbicides for clearing said easements is
 prohibited unless prior approval for the same is granted by the  depart-
 ment of environmental conservation, division of lands and forests.
   §  2.  (a)  In entering into the easements described in section one of
 this act, the department of environmental conservation is authorized  to
 grant  such  easements  for fair market value plus twenty percent of the
 value of the easements plus one hundred thousand dollars  upon  applica-
 tion by Alle-Catt Wind Energy LLC.

 S. 2508--A                         86                         A. 3008--A
 
   (b)  An amount, not less than fair market value plus twenty percent of
 the value of the easements plus one hundred thousand  dollars  shall  be
 used to obtain for the state an interest in real property for open space
 purposes  in  region  9  of the department of environmental conservation
 from  the  regional  priority  conservation projects list in region 9 as
 part of this state's open space conservation plan. The total payment for
 such acquisition or acquisitions shall not be less than the value of the
 easements to be conveyed by the state plus twenty percent of  the  value
 of such easements plus one hundred thousand dollars.
   (c)  Any  monies received by the department of environmental conserva-
 tion from Alle-Catt Wind Energy LLC in consideration of these  easements
 shall  be  deposited  into  the  state environmental protection fund, as
 established in section 92-s of the state finance law, until such time as
 they can be used towards the purchase of the real  property  as  contem-
 plated in subdivision (b) of this section.
   (d) The description of the easements to be conveyed by this act is not
 intended  to  be  a  legal  description, but is intended to identify the
 easements to be conveyed. As a condition of  conveyance  Alle-Catt  Wind
 Energy  LLC  shall submit to the commissioner of environmental conserva-
 tion for his or her approval an accurate survey and description of lands
 generally described in this section which may be used in the  conveyance
 thereof.
   (e)  The  grant  of  the  easements  is conditioned on the issuance of
 certificates of environmental compatibility and public need pursuant  to
 the provisions of article 10 of the public service law.
   (f)  Compensation  for the stumpage value of trees to be felled by the
 entity shall be deposited in the same manner as in  subdivision  (b)  of
 this  section  with the felled trees to become the property of Invenergy
 LLC. Stumpage value is to be determined by the  department  of  environ-
 mental  conservation  forester  based  on  the most recent department of
 environmental conservation stumpage price report at the time  the  trees
 are felled.
   §  3.  The  commissioner  of  environmental conservation may prescribe
 additional terms for such exchange of real property. Such contract shall
 not become binding upon the state until  approved  by  the  state  comp-
 troller. Title to the land to the people of the state of New York pursu-
 ant to the provisions of such contract shall be approved by the attorney
 general, and the deed to the state shall be approved by him or her as to
 form and manner of execution and recordability before such deed shall be
 accepted on behalf of the state. Notwithstanding the contrary provisions
 of  the  public  lands  law, the conveyance of the state-owned easements
 pursuant to such contract shall be  without  reservation  or  exception,
 except  as  provided  for  in  such  contract. Upon certification by the
 commissioner of environmental conservation to the commissioner of gener-
 al services of a copy of the contract, and certification that  Alle-Catt
 Wind  Energy  LLC  has  complied  with  all  terms and conditions of the
 contract upon their part to be  kept  and  performed,  together  with  a
 description  of  any  of  the easements to be exchanged, conveyed and/or
 payments to be made, the commissioner of general services  shall  convey
 the  easements  described  in section one of this act in accordance with
 the provisions of the contract.
   § 4. This act shall take effect immediately, and shall expire  and  be
 deemed  repealed  five  years after such date; provided, however, should
 the easements be granted within the five years, the term  of  the  ease-
 ments  will  establish  the  end date of the easements. At such time the

 S. 2508--A                         87                         A. 3008--A
 
 land will revert back  to  the  state  of  New  York  for  state  forest
 purposes.
 
                                  PART CC
 
   Section  1.  Section  12  of  part F of chapter 58 of the laws of 2013
 amending the environmental conservation law and the  state  finance  law
 relating to the "Cleaner, Greener NY Act of 2013", as amended by chapter
 65 of the laws of 2019, is amended to read as follows:
   §  12.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2013; provided,
 however, that the amendments to subdivision 5-a of  section  27-1015  of
 the  environmental  conservation  law,  as added by section nine of this
 act, shall expire and be deemed repealed on April 1, [2021] 2023.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. This act shall be known and  may  be  cited  as  the  "rail
 advantaged housing act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   (a) Chapter 106 of the laws of 2019 enacted the New York state climate
 leadership  and  community  protection  act  (the  "CLCPA").  The  CLCPA
 directed  the  department  of  environmental conservation to establish a
 statewide greenhouse gas emissions limit for 2030 equal to 60%  of  1990
 emissions, and a statewide greenhouse gas emissions limit for 2050 equal
 to 15% of 1990 emissions (the "CLCPA limits").
   (b)  Transportation  currently  accounts for 36% of the greenhouse gas
 emissions in New York. New York has an obligation to  reduce  greenhouse
 gas emissions in every sector, including transportation.
   (c) The CLCPA recognizes the need to encourage and facilitate land use
 and  transportation  planning  strategies to reduce greenhouse gas emis-
 sions from the transportation sector.
   (d) In 1946, the legislature declared a housing emergency in New  York
 City.  The  emergency  has  continued  through  the present day. Housing
 production throughout the New  York  City  metropolitan  area  has  been
 insufficient to address this emergency for decades.
   (e)  Creating  housing  in  close  proximity to commuter rail stations
 promotes both the goals of the CLCPA and helps to  address  the  housing
 emergency in New York City.
   (f)  A  public policy purpose would be served and the interests of the
 people of the state would  be  advanced  by  expediting  the  regulatory
 review of local zoning changes that will lead to the production of hous-
 ing in close proximity to commuter rail stations.
   § 3. Definitions.
   (a) ["Commissioner"] "SECRETARY" shall mean the [commissioner of envi-
 ronmental  conservation or the commissioner's] SECRETARY OF STATE OR THE
 SECRETARY'S designee.
   (b) "Commuter rail station" shall mean a rail station,  other  than  a
 rail  station  located  in  New  York City, on any rail line operated by
 either the Long Island Rail Road or the Metro-North Railroad.
   (c) "Commuter rail station area" shall mean the area  within  one-half
 mile of any commuter rail station.
   (d)  "Incremental parking decrease" shall mean, with respect to a rail
 advantaged housing rezoning proposal, the percentage decrease in public-

 S. 2508--A                         88                         A. 3008--A
 
 ly accessible vehicle parking proximate to a commuter rail station  that
 such rezoning proposal would cause, if effective.
   (e)  "Incremental  population  increase" shall mean, with respect to a
 rail advantaged housing rezoning proposal, the percentage by  which  the
 population  of  a  local  jurisdiction including the property subject to
 such rezoning proposal would increase if:  (1)  such  rezoning  proposal
 were  to  become effective; (2) all of the housing permitted to be built
 as a result of such rezoning proposal were to be built; and (3)  all  of
 such housing were to be fully occupied.
   (f) "Local jurisdiction" shall mean any city, county, town, village or
 other political subdivision of the state.
   (g)  "Local  agency  zoning  mitigation account" shall mean an account
 established by a local agency solely for the purpose of mitigating envi-
 ronmental impacts due to any rezoning.
   (h) "Local agency" means any governing body of a local jurisdiction.
   (i) "Rail advantaged housing" shall mean any  housing  or  residential
 building located within one-half mile of a commuter rail station.
   (j)  "Rail  advantaged  housing  envelope" shall mean the total square
 feet of residential space permitted to  be  built  in  a  commuter  rail
 station  area  under  the zoning regulations applicable to such commuter
 rail station area.
   (k) "Rail advantaged housing rezoning proposal" shall mean a  proposal
 for rezoning which, if effective, (1) would increase the rail advantaged
 housing  envelope  in  the area proposed for rezoning, and (2) would not
 affect zoning regulations applicable outside  a  commuter  rail  station
 area.
   (l)  "Rezoning"  shall  mean an action undertaken by a local agency to
 modify zoning regulations.
   (m) "Rezoning entity" shall mean a local agency authorized  to  modify
 zoning regulations.
   § 4. Uniform standards and conditions.
   (a)  The  [commissioner]  SECRETARY  shall  establish a set of uniform
 standards and conditions for rail advantaged housing rezoning  proposals
 that  are  common  for all rail advantaged housing rezoning proposals or
 for particular classes and categories of rail advantaged housing  rezon-
 ing proposals.
   (b)  The  uniform standards and conditions established under paragraph
 (a) of this section shall include:
   1. A standard establishing a maximum incremental  population  increase
 the  exceedance  of which by a rail advantaged housing rezoning proposal
 would cause such rezoning proposal to be deemed to have an environmental
 impact;
   2. A standard establishing a maximum incremental parking decrease  the
 exceedance of which by a rail advantaged housing rezoning proposal would
 cause  such  rezoning  proposal  to  be  deemed to have an environmental
 impact;
   3. A formula to determine, by reference to any, all, or  any  combina-
 tion  of  the  following  factors,  the amount which, if paid to a local
 agency zoning mitigation account, would mitigate the impact  of  housing
 construction  on  the  quality  of a jurisdiction's environment and on a
 local agency's ability to provide essential public services: such  local
 agency's expenses for public education; such local agency's expenses for
 maintenance and improvement of roads, bicycle paths, pedestrian walkways
 and parks; such local agency's expenses to provide drinking water and to
 manage water quality; and other factors determined by the [commissioner]
 SECRETARY to be relevant; and

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   4. Any other standards and conditions determined by the [commissioner]
 SECRETARY.
   §  5.  Expedited  zoning  review.    Whenever a county legislature has
 adopted a local law to permit rail  advantaged  housing  as  defined  in
 section three of this act, the uniform standards established pursuant to
 section  four  of this act shall apply to such project if the project is
 approved. Approval by a rezoning entity of  a  rail  advantaged  housing
 rezoning proposal is contingent upon the approval of the chief executive
 officer  of  any town, village or city and shall be deemed to not have a
 significant effect on the environment under subparagraph (ii)  of  para-
 graph  (c)  of  subdivision  2  of  section  8-0113 of the environmental
 conservation law if prior to such approval:
   (a) the chief executive officer of any town,  village  or  city  which
 includes  property subject to such rezoning has certified that such rail
 advantaged housing rezoning proposal:
   1. does not exceed the population increase standard established  under
 paragraph 1 of subdivision (b) of section four of this act;
   2.  does  not  exceed  the parking decrease standard established under
 paragraph 2 of subdivision (b) of section four of this act;
   3. requires that any person who builds housing pursuant to such rezon-
 ing proposal must pay to any  applicable  local  agency's  local  agency
 rezoning  mitigation  account  an amount not less than the amount deter-
 mined in accordance with the formula established under  paragraph  3  of
 subdivision (b) of section four of this act to be sufficient to mitigate
 any impacts caused by such housing; and
   (b)  such rezoning entity has conducted at least one public hearing on
 such rail advantaged rezoning proposal.
   § 6. This act shall take effect immediately.
 
                                  PART EE
 
   Section 1. Subdivision 5 of section 1902  of  the  public  authorities
 law,  as  added  by  section  6 of part JJJ of chapter 58 of the laws of
 2020, is amended to read as follows:
   5. Notwithstanding title five-A of article nine of  this  chapter,  OR
 ANY  LAW  TO  THE  CONTRARY,  establish a build-ready program, including
 eligibility and other criteria, pursuant to which the  authority  would,
 through  a competitive and transparent bidding process, AND USING SINGLE
 PURPOSE PROJECT HOLDING COMPANIES ESTABLISHED BY OR  ON  BEHALF  OF  THE
 AUTHORITY  AND  HAVING  NO SEPARATE AND INDEPENDENT OPERATIONAL CONTROL,
 ACQUIRE, SELL AND transfer rights and  other  interests  in  build-ready
 sites and development rights to developers for the purpose of facilitat-
 ing  the  development of renewable energy facilities on such build-ready
 sites. Such transactions may include the transfer of  rights,  interests
 and  obligations  existing under agreements providing for host community
 benefits negotiated by the authority pursuant  to  programs  established
 pursuant to subdivision six of this section on such terms and conditions
 as the authority deems appropriate;
   §  2.  This  act shall take effect immediately; provided however, that
 the amendments to section 1902 of the public  authorities  law  made  by
 section  one  of this act shall be subject to the repeal of such section
 and shall expire and be deemed repealed therewith.
 
                                  PART FF

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   Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws
 of  1991,  amending  the  tax  law  and other laws relating to taxes, as
 amended by section 12 of part A of chapter 55 of the laws  of  2020,  is
 amended to read as follows:
   (p) The amendments to section 1809 of the vehicle and traffic law made
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this  act  shall not apply to any offense committed prior to such effec-
 tive date; provided, further, that section three  hundred  forty-one  of
 this act shall take effect immediately and shall expire November 1, 1993
 at  which  time  it  shall  be  deemed  repealed; sections three hundred
 forty-five and three hundred forty-six of this  act  shall  take  effect
 July  1,  1991;  sections three hundred fifty-five, three hundred fifty-
 six, three hundred fifty-seven and three hundred fifty-nine of this  act
 shall  take  effect immediately and shall expire June 30, 1995 and shall
 revert to and be read as if this act had not been enacted; section three
 hundred fifty-eight of this act shall take effect immediately and  shall
 expire  June 30, 1998 and shall revert to and be read as if this act had
 not been enacted; section three hundred sixty-four through three hundred
 sixty-seven of this act shall apply to claims filed  on  or  after  such
 effective  date; sections three hundred sixty-nine, three hundred seven-
 ty-two, three hundred seventy-three, three hundred  seventy-four,  three
 hundred  seventy-five  and  three  hundred seventy-six of this act shall
 remain in effect until September 1, [2021]  2023,  at  which  time  they
 shall   be  deemed  repealed;  provided,  however,  that  the  mandatory
 surcharge provided in section three hundred  seventy-four  of  this  act
 shall  apply  to parking violations occurring on or after said effective
 date; and provided further that the amendments made to  section  235  of
 the vehicle and traffic law by section three hundred seventy-two of this
 act,  the amendments made to section 1809 of the vehicle and traffic law
 by sections three hundred thirty-seven and three hundred thirty-eight of
 this act and the amendments made to section 215-a of the  labor  law  by
 section three hundred seventy-five of this act shall expire on September
 1,  [2021]  2023  and upon such date the provisions of such subdivisions
 and sections shall revert to and be read as if the  provisions  of  this
 act  had  not  been  enacted;  the amendments to subdivisions 2 and 3 of
 section 400.05 of the penal law made by sections three hundred  seventy-
 seven  and  three hundred seventy-eight of this act shall expire on July
 1, 1992 and upon such date the provisions  of  such  subdivisions  shall
 revert  and  shall be read as if the provisions of this act had not been
 enacted; the state board of law examiners shall take such action  as  is
 necessary to assure that all applicants for examination for admission to
 practice  as  an  attorney and counsellor at law shall pay the increased
 examination fee provided for by the amendment made to section 465 of the
 judiciary law by section three hundred eighty of this act for any  exam-
 ination given on or after the effective date of this act notwithstanding
 that an applicant for such examination may have prepaid a lesser fee for
 such examination as required by the provisions of such section 465 as of
 the  date  prior  to  the  effective date of this act; the provisions of
 section 306-a of the civil practice law and rules as  added  by  section
 three  hundred eighty-one of this act shall apply to all actions pending
 on or commenced on or after September 1, 1991, provided,  however,  that
 for  the  purposes of this section service of such summons made prior to
 such date shall be deemed to have been completed on September  1,  1991;
 the  provisions  of section three hundred eighty-three of this act shall
 apply to all money deposited  in  connection  with  a  cash  bail  or  a
 partially  secured  bail  bond  on or after such effective date; and the

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 provisions of sections  three  hundred  eighty-four  and  three  hundred
 eighty-five  of  this  act  shall  apply  only to jury service commenced
 during a judicial term beginning on or after the effective date of  this
 act; provided, however, that nothing contained herein shall be deemed to
 affect  the  application,  qualification,  expiration  or  repeal of any
 provision of law amended by any section of this act and such  provisions
 shall  be  applied or qualified or shall expire or be deemed repealed in
 the same manner, to the same extent and on the same date as the case may
 be as otherwise provided by law;
   § 2. Subdivision 8 of section 1809 of the vehicle and traffic law,  as
 amended  by  section  13 of part A of chapter 55 of the laws of 2020, is
 amended to read as follows:
   8. The provisions of this section shall only apply to offenses commit-
 ted  on  or  before   September   first,   two   thousand   [twenty-one]
 TWENTY-THREE.
   § 3. This act shall take effect immediately.
 
                                  PART GG
 
   Section  1. Section 1226 of the vehicle and traffic law, as amended by
 chapter 506 of the laws of 1971, is amended to read as follows:
   § 1226. Control of steering mechanism. No person shall operate a motor
 vehicle without having at least one hand or, in the case of a physically
 handicapped person, at least one prosthetic device or aid on the  steer-
 ing  mechanism at all times when the motor vehicle is in motion UNLESS A
 DRIVING AUTOMATION SYSTEM, AS  DEFINED  IN  SAE  J3016  AS  PERIODICALLY
 REVISED, IS ENGAGED TO PERFORM STEERING FUNCTION.
   §  2.  Subdivision a of section 1 of part FF of chapter 55 of the laws
 of 2017, relating to motor vehicles  equipped  with  autonomous  vehicle
 technology,  as amended by section 1 of part H of chapter 58 of the laws
 of 2018, is amended to read as follows:
   a. Notwithstanding the provisions of section 1226 of the  vehicle  and
 traffic  law,  the  New  York  state  commissioner of motor vehicles may
 approve demonstrations and tests consisting of the operation of a  motor
 vehicle  equipped  with  autonomous  vehicle technology while such motor
 vehicle is engaged in the use of  such  technology  on  public  highways
 within  this  state  for the purposes of demonstrating and assessing the
 current development of autonomous vehicle technology and to begin  iden-
 tifying potential impacts of such technology on safety, traffic control,
 traffic  enforcement, emergency services, and such other areas as may be
 identified by such commissioner. [Provided, however,  that  such  demon-
 strations  and  tests shall only take place under the direct supervision
 of the New York state police, in a form and  manner  prescribed  by  the
 superintendent  of  the  New  York  state  police.  Additionally,  a law
 enforcement interaction plan shall be included as  part  of  the  demon-
 stration and test application that includes information for law enforce-
 ment  and first responders regarding how to interact with such a vehicle
 in emergency and traffic enforcement situations.    Such  demonstrations
 and  tests  shall  take  place  in  a  manner and form prescribed by the
 commissioner of motor vehicles including, but not limited to: a require-
 ment that a natural person holding a valid license for the operation  of
 the  motor  vehicle's class be present within such vehicle for the dura-
 tion of the time it is operated on public highways; a  requirement  that
 the  motor  vehicle  utilized  in such demonstrations and tests complies
 with all applicable federal motor vehicle safety standards and New  York
 state  motor  vehicle  inspection  standards; and a requirement that the

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 motor vehicle utilized in such demonstrations and tests has in place, at
 a minimum, financial security in the amount of five million dollars] THE
 COMMISSIONER SHALL ISSUE AND PROMULGATE RULES AND  REGULATIONS  FOR  THE
 ADMINISTRATION  OF  THIS  ACT.   Nothing in this act shall authorize the
 motor vehicle utilized in such demonstrations and tests  to  operate  in
 violation  of  article  22  or  title  7 of the vehicle and traffic law,
 excluding section 1226 of such law.
   § 3. Section 3 of part FF of chapter 55 of the laws of 2017,  relating
 to  motor  vehicles  equipped  with  autonomous  vehicle  technology, as
 amended by section 2 of part M of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section  one  of  this  act shall expire and be deemed repealed April 1,
 [2021] 2026.
   § 4. There is hereby established a group to be known as  the  "Intera-
 gency  Group  on  Autonomous  Vehicle  Technology".  The  group shall be
 composed of the following members: the commissioner of the department of
 transportation or his or her designee; the commissioner of  the  depart-
 ment  of  motor vehicles or his or her designee; the director of the New
 York State thruway authority or his or her designee; the  chancellor  of
 the  state university of New York or his or her designee; and the direc-
 tor of the state police or his or  her  designee.  The  group  shall  be
 responsible  for  the  coordination  of  all State policy with regard to
 autonomous vehicle and connected autonomous vehicle technology with  the
 goal  of  providing  quick  and  efficient modification of regulation in
 response to evolving industry trends. The group  shall  study,  evaluate
 and  develop  recommendations  relating  to specific actionable measures
 that address how automated vehicle technology will transform the state's
 roadways, economy, education system, and society. The group shall  study
 how to support safe testing, deployment and operation of automated vehi-
 cle technology on public highways. In doing so, the group shall take the
 following into consideration: (a) the measures necessary to successfully
 implement  automated vehicles, including necessary legislative and regu-
 latory or administrative changes; (b) the difficulties  and  liabilities
 that  could  arise by allowing automated vehicles on public highways and
 proper mechanisms to manage risks and ensure adequate risk coverage; (c)
 how automated vehicle technology can promote research and development in
 this state; (d) potential  infrastructure  changes  needed  and  capital
 planning  considerations;  and (f) any other issue the group deems rele-
 vant.
   § 5. This act shall take effect immediately, provided,  however,  that
 section one of this act shall take effect April 1, 2026.
 
                                  PART HH
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 224-b to read as follows:
   § 224-B. CONVENIENCE FEE. IN ADDITION TO ANY OTHER FEES  PROVIDED  FOR
 IN  THIS  CHAPTER, A NONREFUNDABLE TECHNOLOGY FEE OF ONE DOLLAR SHALL BE
 ADDED TO THE APPLICABLE FEE FOR ANY  TRANSACTION  FOR  WHICH  A  FEE  IS
 CHARGED  BY  THE  DEPARTMENT  FOR:  THE  REGISTRATION, REREGISTRATION OR
 RENEWAL OF A REGISTRATION  OF  A  MOTOR  VEHICLE,  MOTORCYCLE,  HISTORIC
 MOTORCYCLE,  SNOWMOBILE  OR  VESSEL;  AND  THE ISSUANCE OF ANY ORIGINAL,
 DUPLICATE OR RENEWAL LEARNER  PERMIT,  DRIVER'S  LICENSE  OR  NON-DRIVER
 IDENTIFICATION  CARD.  SUCH FEES SHALL BE DEPOSITED TO THE CREDIT OF THE

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 DEDICATED HIGHWAY AND BRIDGE TRUST FUND, ESTABLISHED PURSUANT TO SECTION
 EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   §  2.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
 finance law, as amended by section 4 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a) The special obligation reserve and payment account  shall  consist
 (i)  of all moneys required to be deposited in the dedicated highway and
 bridge trust fund pursuant to the provisions  of  sections  two  hundred
 five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
 fifteen and  eleven  hundred  sixty-seven  of  the  tax  law,  [section]
 SECTIONS  TWO  HUNDRED  TWENTY-FOUR-B  AND  four hundred one and article
 [twelve-d] TWELVE-D of the vehicle and traffic law, and section  thirty-
 one  of  chapter fifty-six of the laws of nineteen hundred ninety-three,
 (ii) all fees, fines or  penalties  collected  by  the  commissioner  of
 transportation  and  the  commissioner  of  motor  vehicles  pursuant to
 section fifty-two, section three  hundred  twenty-six,  section  eighty-
 eight  of  the highway law, subdivision fifteen of section three hundred
 eighty-five of the vehicle and traffic law, section two of  part  U1  of
 chapter  sixty-two of the laws of two thousand three, subdivision (d) of
 section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
 subdivision  (d)  of  section  three  hundred five, subdivision six-a of
 section four hundred fifteen and subdivision (g) of  section  twenty-one
 hundred  twenty-five  of the vehicle and traffic law, section fifteen of
 this chapter, excepting moneys deposited with the state  on  account  of
 betterments  performed  pursuant to subdivision twenty-seven or subdivi-
 sion thirty-five of section ten of the  highway  law,  and  section  one
 hundred forty-five of the transportation law, (iii) any moneys collected
 by  the  department  of transportation for services provided pursuant to
 agreements entered into in accordance with section ninety-nine-r of  the
 general  municipal  law, and (iv) any other moneys collected therefor or
 credited or transferred thereto from any other fund, account or source.
   § 3. Paragraph (a) of subdivision 3  of  section  89-b  of  the  state
 finance law, as amended by section 5 of chapter 368 of the laws of 2019,
 is amended to read as follows:
   (a)  The  special obligation reserve and payment account shall consist
 (i) of all moneys required to be deposited in the dedicated highway  and
 bridge  trust  fund  pursuant  to the provisions of sections two hundred
 eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
 hundred sixty-seven of the tax law, [section] SECTIONS TWO HUNDRED TWEN-
 TY-FOUR-B  AND  four  hundred one and article [twelve-d] TWELVE-D of the
 vehicle and traffic law, and section thirty-one of chapter fifty-six  of
 the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
 penalties collected  by  the  commissioner  of  transportation  and  the
 commissioner  of  motor  vehicles pursuant to section fifty-two, section
 three hundred twenty-six,  section  eighty-eight  of  the  highway  law,
 subdivision  fifteen of section three hundred eighty-five of the vehicle
 and traffic law, section  fifteen  of  this  chapter,  excepting  moneys
 deposited with the state on account of betterments performed pursuant to
 subdivision  twenty-seven  or  subdivision thirty-five of section ten of
 the highway law, and section one hundred forty-five of  the  transporta-
 tion law, (iii) any moneys collected by the department of transportation
 for  services provided pursuant to agreements entered into in accordance
 with section ninety-nine-r of the general municipal law,  and  (iv)  any
 other  moneys collected therefor or credited or transferred thereto from
 any other fund, account or source.

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   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed  five
 years  after  such date; provided, however, that the amendments to para-
 graph (a) of subdivision 3 of section 89-b of  the  state  finance  law,
 made  by section two of this act, shall be subject to the expiration and
 reversion of such paragraph pursuant to section 13 of part U1 of chapter
 62 of the laws of 2003, as amended, when upon such date  the  provisions
 of  section  three  of this act shall take effect; provided further that
 the convenience fee authorized to be collected in  connection  with  fee
 transactions  relating  to  the registration of motor vehicles, motorcy-
 cles, historic motorcycles, vessels and snowmobiles shall apply  to  new
 registrations  issued,  reregistrations  occurring,  and  to renewals of
 registrations expiring, on and after such  date;  and  provided  further
 that  the  technology  fee authorized to be collected in connection with
 fee transactions relating to learner permits, driver licenses and  iden-
 tification cards shall apply to new learner permits, driver licenses and
 identification  cards issued, and to renewals of learner permits, driver
 licenses and identification cards expiring,  on  and  after  such  date.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or  regulation  and any changes in procedures and information technology
 systems necessary for the implementation of this act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.
 
                                  PART II
 
   Section  1.  Section  2  of  part BB of chapter 58 of the laws of 2012
 amending the public authorities law, relating to authorizing the  dormi-
 tory  authority to enter into certain design and construction management
 agreements, as amended by section 1 of part B of chapter 58 of the  laws
 of 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2021] 2024.
   § 2. The dormitory authority of the state of New York shall provide  a
 report  providing  information regarding any project undertaken pursuant
 to a design and construction management agreement, as authorized by part
 BB of chapter 58 of the laws of 2012, between the dormitory authority of
 the state of New York and the department of  environmental  conservation
 and/or  the office of parks, recreation and historic preservation to the
 governor, the temporary president of  the  senate  and  speaker  of  the
 assembly.  Such report shall include but not be limited to a description
 of each such project, the project identification  number  of  each  such
 project,  if applicable, the projected date of completion, the status of
 the project, the total cost or projected cost of each such project,  and
 the  location, including the names of any county, town, village or city,
 where each such project is located or  proposed.  In  addition,  such  a
 report  shall be provided to the aforementioned parties by the first day
 of March of each year that the authority to enter into  such  agreements
 pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2021.
 
                                  PART JJ
 
   Section 1. The opening paragraph of section 5102 of the insurance  law
 is amended and a new subsection (n) is added to read as follows:

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   In this [chapter] ARTICLE:
   (N) "PROVIDER OF HEALTH SERVICES" MEANS A PERSON OR ENTITY WHO OR THAT
 RENDERS HEALTH SERVICES.
   § 2. Section 5109 of the insurance law, as added by chapter 423 of the
 laws of 2005, is amended to read as follows:
   §  5109.  Unauthorized  providers  of health services. (a) [The super-
 intendent, in consultation with  the  commissioner  of  health  and  the
 commissioner of education, shall by regulation, promulgate standards and
 procedures  for  investigating  and  suspending or removing the authori-
 zation for providers of health services to demand or request payment for
 health services as specified in  paragraph  one  of  subsection  (a)  of
 section  five  thousand  one  hundred  two of this article upon findings
 reached after investigation pursuant to this section.  Such  regulations
 shall  ensure  the  same  or  greater  due process provisions, including
 notice and opportunity to be heard, as those afforded physicians  inves-
 tigated  under  article  two  of the workers' compensation law and shall
 include provision for notice to all providers of health services of  the
 provisions  of  this  section  and regulations promulgated thereunder at
 least ninety days in advance of the effective date of such regulations.]
 AS USED IN THIS SECTION, "HEALTH  SERVICES"  MEANS  SERVICES,  SUPPLIES,
 THERAPIES  OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II) OR
 (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF  SECTION  FIVE  THOUSAND  ONE
 HUNDRED TWO OF THIS ARTICLE.
   (b)  [The  commissioner  of  health  and the commissioner of education
 shall provide a list of the names of all providers  of  health  services
 who  the  commissioner of health and the commissioner of education shall
 deem, after  reasonable  investigation,  not  authorized  to  demand  or
 request  any  payment  for medical services in connection with any claim
 under this article because such provider of health services] THE  SUPER-
 INTENDENT  MAY  PROHIBIT A PROVIDER OF HEALTH SERVICES FROM DEMANDING OR
 REQUESTING PAYMENT FOR HEALTH  SERVICES  RENDERED  UNDER  THIS  ARTICLE,
 OTHER  THAN  HEALTH  SERVICES  RENDERED IN THE EMERGENCY DEPARTMENT OF A
 GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO  THOUSAND
 EIGHT  HUNDRED  ONE OF THE PUBLIC HEALTH LAW, FOR A PERIOD NOT EXCEEDING
 THREE YEARS, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING,
 THAT THE PROVIDER OF HEALTH SERVICES:
   (1) has ADMITTED TO, OR been FOUND guilty of, professional [or  other]
 misconduct  [or  incompetency],  AS  DEFINED  IN  THE  EDUCATION LAW, in
 connection with [medical] HEALTH services rendered under  this  article;
 [or
   (2)  has  exceeded the limits of his or her professional competence in
 rendering medical care under this article or has knowingly made a  false
 statement  or representation as to a material fact in any medical report
 made in connection with any claim under this article; or
   (3)] (2) solicited, or [has] employed another PERSON  to  solicit  for
 [himself  or  herself]  THE PROVIDER OF HEALTH SERVICES or [for] another
 PERSON OR ENTITY, professional treatment, examination  or  care  of  [an
 injured] A person in connection with any claim under this article; [or
   (4)  has]  (3)  refused  to appear before, or [to] answer ANY QUESTION
 upon request of, the [commissioner of health, the] superintendent[,]  or
 any  duly  authorized officer of [the] THIS state, [any legal question,]
 or REFUSED to produce any relevant information concerning [his  or  her]
 THE  conduct  OF  THE  PROVIDER  OF  HEALTH  SERVICES in connection with
 [rendering medical] HEALTH services RENDERED under this article; [or
   (5) has] (4) engaged in [patterns] A PATTERN of billing for:

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   (A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED  UNDER  THIS
 ARTICLE,   WHEN  THE  HEALTH  SERVICES  were  not  [provided]  RENDERED,
 PROVIDED, HOWEVER, THAT AN ADVERSE DETERMINATION BY  THE  SUPERINTENDENT
 PURSUANT  TO THIS SUBPARAGRAPH SHALL NOT BE BASED ON GOOD FAITH DISPUTES
 REGARDING  THE APPROPRIATENESS OF A PARTICULAR CODE TO DESCRIBE A HEALTH
 SERVICE; OR
   (B) UNNECESSARY HEALTH SERVICES, PROVIDED, HOWEVER,  THAT  AN  ADVERSE
 DETERMINATION  BY THE SUPERINTENDENT PURSUANT TO THIS SUBPARAGRAPH SHALL
 NOT BE BASED SOLELY ON THE FACT THAT ONE OR MORE  INSURERS  HAVE  DENIED
 MULTIPLE CLAIMS SUBMITTED BY THE PROVIDER OF HEALTH SERVICES;
   (5)  UTILIZED  UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS
 ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
 SERVICES;
   (6) UTILIZED LICENSED PERSONS TO  RENDER  HEALTH  SERVICES  THAT  WERE
 BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S LICENSE;
   (7) CEDED OWNERSHIP, OPERATION OR CONTROL OF A BUSINESS ENTITY AUTHOR-
 IZED  TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE, INCLUDING A
 PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED LIABILITY COMPANY
 OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A PERSON NOT LICENSED TO
 RENDER THE HEALTH SERVICES FOR WHICH THE ENTITY IS LEGALLY AUTHORIZED TO
 PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S  OWNERSHIP,  OPERATION  OR
 CONTROL IS OTHERWISE PERMITTED BY LAW;
   (8)  COMMITTED A FRAUDULENT INSURANCE ACT AS DEFINED IN SECTION 176.05
 OF THE PENAL LAW;
   (9) HAS BEEN CONVICTED OF A CRIME INVOLVING  FRAUDULENT  OR  DISHONEST
 PRACTICES; OR
   (10) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
 THEREUNDER.
   (c)  [Providers]  A  PROVIDER  of  health services shall [refrain from
 subsequently treating for remuneration, as a private patient, any person
 seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FOR ANY  HEALTH
 SERVICES  under  this article [if such provider pursuant to this section
 has been prohibited from demanding or requesting any payment for medical
 services under this article. An injured claimant so treated or  examined
 may  raise this as] OTHER THAN HEALTH SERVICES RENDERED IN THE EMERGENCY
 DEPARTMENT OF A GENERAL HOSPITAL,  AS  DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION  TWO  THOUSAND  EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, THAT
 ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED  BY  THE  SUPER-
 INTENDENT  PURSUANT  TO SUBSECTION (B) OF THIS SECTION.  THE PROHIBITION
 ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action  by  [such]
 THE  provider  OF HEALTH SERVICES for payment for [treatment rendered at
 any time after such provider  has  been  prohibited  from  demanding  or
 requesting  payment  for  medical  services in connection with any claim
 under this article] SUCH HEALTH SERVICES.
   (d) THE CHAIR OF THE WORKERS' COMPENSATION  BOARD  SHALL  PROVIDE  THE
 SUPERINTENDENT  A  LIST OF THE NAMES OF ALL PROVIDERS OF HEALTH SERVICES
 WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FINDINGS PURSU-
 ANT TO SECTION THIRTEEN-D OF THE WORKERS' COMPENSATION LAW, HAVE  VOLUN-
 TARILY RESIGNED OR ARE DISQUALIFIED FROM RENDERING HEALTH SERVICES UNDER
 THE  WORKERS' COMPENSATION LAW.  SUCH PROVIDERS OF HEALTH SERVICES SHALL
 NOT BE AUTHORIZED TO DEMAND OR REQUEST ANY PAYMENT FOR  HEALTH  SERVICES
 IN  CONNECTION  WITH  ANY  CLAIM  UNDER  THIS ARTICLE, OTHER THAN HEALTH
 SERVICES RENDERED IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL,  AS
 DEFINED  IN SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF
 THE PUBLIC HEALTH LAW, THAT ARE RENDERED DURING  THE  PERIOD  THAT  SUCH

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 PROVIDERS  OF HEALTH SERVICES HAVE VOLUNTARILY RESIGNED OR ARE DISQUALI-
 FIED FROM RENDERING HEALTH SERVICES UNDER THE WORKERS' COMPENSATION LAW.
   (E)  THE  CHAIR  OF THE WORKERS' COMPENSATION BOARD SHALL MAINTAIN AND
 REGULARLY UPDATE A DATABASE CONTAINING A LIST  OF  PROVIDERS  OF  HEALTH
 SERVICES  WHICH, IN CONNECTION WITH ANY INVESTIGATION, HEARING, OR FIND-
 INGS PURSUANT TO SECTION THIRTEEN-D OF THE  WORKERS'  COMPENSATION  LAW,
 HAVE  VOLUNTARILY  RESIGNED  OR  ARE  DISQUALIFIED FROM RENDERING HEALTH
 SERVICES UNDER THE WORKERS' COMPENSATION LAW, AND SHALL MAKE SUCH INFOR-
 MATION AVAILABLE TO THE PUBLIC.
   (F) The [commissioner of health and  the  commissioner  of  education]
 SUPERINTENDENT shall maintain [and regularly update] a database contain-
 ing  a  list  of providers of health services prohibited by this section
 from demanding or requesting any payment for health services  [connected
 to a claim] RENDERED under this article and shall make [such] THE infor-
 mation available to the public [by means of a website and by a toll free
 number].
   (G)  THE  SUPERINTENDENT  MAY LEVY A CIVIL PENALTY NOT EXCEEDING FIFTY
 THOUSAND DOLLARS ON ANY PROVIDER OF HEALTH SERVICES THAT THE SUPERINTEN-
 DENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH  SERVICES
 PURSUANT  TO  SUBSECTION (B) OF THIS SECTION.  ANY CIVIL PENALTY IMPOSED
 UNDER THIS SECTION THAT IS BASED UPON THE  COMMISSION  OF  A  FRAUDULENT
 INSURANCE  ACT,  AS DEFINED IN SECTION 176.05 OF THE PENAL LAW, SHALL BE
 LEVIED IN ACCORDANCE WITH SUBSECTION (C) OF SECTION FOUR  HUNDRED  THREE
 OF THIS CHAPTER.
   [(e)]  (H)  Nothing  in this section shall be construed as limiting in
 any respect the powers and duties of the commissioner of health, commis-
 sioner of education, THE CHAIR OF THE WORKERS'  COMPENSATION  BOARD,  or
 the  superintendent  to investigate instances of misconduct by a [health
 care] provider [and, after a hearing and  upon  written  notice  to  the
 provider,  to  temporarily  prohibit a provider of health services under
 such investigation from demanding or requesting any payment for  medical
 services  under this article for up to ninety days from the date of such
 notice] OF HEALTH SERVICES AND TAKE APPROPRIATE ACTION PURSUANT  TO  ANY
 OTHER  PROVISION  OF LAW. A DETERMINATION OF THE SUPERINTENDENT PURSUANT
 TO SUBSECTION (B) OF THIS SECTION SHALL NOT BE BINDING UPON THE  COMMIS-
 SIONER  OF  HEALTH  OR  THE  COMMISSIONER OF EDUCATION IN A PROFESSIONAL
 DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
   § 3.  The superintendent of financial services shall convene  a  motor
 vehicle  insurance  task  force, to examine alternatives to the no-fault
 insurance system as well as other legislative or regulatory  initiatives
 to  reduce  the  cost  of  motor vehicle insurance. The task force shall
 issue a report to the governor on  its  recommendations  no  later  than
 December  31, 2021.   The task force shall be chaired by the superinten-
 dent of financial services or his or  her  designee,  and  the  governor
 shall  appoint  eight (8) members comprised of consumer representatives,
 health insurers, trial attorneys, healthcare  providers,  and  insurers.
 The  members  of  the task force shall receive no compensation for their
 services, but shall be  allowed  their  actual  and  necessary  expenses
 incurred in the performance of their duties.
   §  4.  This  act shall take effect immediately; provided, however that
 sections one and two of this act shall take effect on  the  one  hundred
 eightieth day after it shall have become a law.
 
                                  PART KK
 
   Section 1. Section 410 of the economic development law is REPEALED.

 S. 2508--A                         98                         A. 3008--A
 
   §  2.  Section  3102-b of the public authorities law, as renumbered by
 chapter 291 of the laws of 1990, the opening  paragraph  as  amended  by
 chapter  616 of the laws of 1991, paragraph (a) of subdivision 1, subdi-
 vision 3 and paragraph (a) of subdivision 6 as amended by chapter 191 of
 the  laws  of  2010, subdivisions 5 and 6 as added by chapter 828 of the
 laws of 1987, is amended to read as follows:
   § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
 greater  collaboration  between private industry and the universities of
 the state in the development and application of  new  technologies,  the
 [foundation] DEPARTMENT is authorized to designate for advanced technol-
 ogy  such  areas as integrated electronics, optics, biotechnology, tele-
 communications, automation and robotics, electronics packaging,  imaging
 technology  and  others  [identified by the foundation] as DETERMINED BY
 THE DEPARTMENT IN ACCORDANCE WITH THE  CRITERIA  SET  FORTH  IN  SECTION
 THREE  OF  PART   T   OF CHAPTER EIGHTY-FOUR OF THE LAWS OF TWO THOUSAND
 TWO, IN AREAS IDENTIFIED BY SUCH DEPARTMENT AS having significant poten-
 tial for economic growth in New York, or in which the application of new
 technologies could significantly enhance the productivity and  stability
 of  New  York  businesses. Such designations shall be made in accordance
 with the standards and criteria set forth in  subdivision  two  of  this
 section.  Centers  so  designated shall be eligible for support from the
 foundation in the manner provided  for  in  subdivision  three  of  this
 section, and for such additional support as may otherwise be provided by
 law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated  research institute or a consortium of such insti-
 tutions, designated by the [foundation]  DEPARTMENT,  which  conducts  a
 continuing program of basic and applied research, development, and tech-
 nology  commercialization in one or more technological areas, in collab-
 oration with and through the support of private business  and  industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the [foundation] DEPARTMENT for this purpose.
   (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community

 S. 2508--A                         99                         A. 3008--A
 
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d) establish such procedures as it deems appropriate for  the  evalu-
 ation  of applications for designation as centers for advanced technolo-
 gy, including the  establishment  of  peer  review  panels  composed  of
 nationally  recognized experts in the technological areas and industries
 to which the application is related.
   (E) NOTWITHSTANDING THE CRITERIA SET FORTH IN THIS SUBDIVISION, OR ANY
 PROVISION OF LAW TO THE CONTRARY, THE UNIVERSITIES, UNIVERSITY-AFFILIAT-
 ED RESEARCH INSTITUTES OR A CONSORTIUM OF SUCH  INSTITUTIONS  DESIGNATED
 AS  CENTERS OF EXCELLENCE UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC
 DEVELOPMENT LAW  ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  TWENTY-ONE  THAT  AMENDED THIS SECTION SHALL BE
 DESIGNATED AS CENTERS FOR ADVANCED TECHNOLOGY FOR A PERIOD OF TWO YEARS,
 DURING WHICH TIME A COMPETITION WILL BE HELD TO AWARD  TEN  YEAR  DESIG-
 NATIONS  TO APPLICANTS DEEMED TO HAVE SIGNIFICANT ECONOMIC IMPACT POTEN-
 TIAL. THE NUMBER OF AWARDS MADE AS A RESULT OF SUCH COMPETITION SHALL BE
 AT LEAST EQUAL TO THE NUMBER OF CENTERS OF EXCELLENCE. CENTERS OF EXCEL-
 LENCE RECEIVING A TWO YEAR CENTER DESIGNATION SHALL  INCLUDE:    BUFFALO
 CENTER  OF  EXCELLENCE  IN  BIOINFORMATICS  AND  LIFE SCIENCES; SYRACUSE
 CENTER OF EXCELLENCE IN ENVIRONMENTAL AND ENERGY SYSTEMS; ALBANY  CENTER
 OF  EXCELLENCE  IN  NANOELECTRONICS; STONY BROOK CENTER OF EXCELLENCE IN
 WIRELESS AND INFORMATION TECHNOLOGY; BINGHAMTON CENTER OF EXCELLENCE  IN
 SMALL  SCALE  SYSTEMS  INTEGRATION  AND PACKAGING; STONY BROOK CENTER OF
 EXCELLENCE IN ADVANCED ENERGY RESEARCH; BUFFALO CENTER OF EXCELLENCE  IN
 MATERIALS  INFORMATICS;  ROCHESTER  CENTER  OF EXCELLENCE IN SUSTAINABLE
 MANUFACTURING; ROCHESTER CENTER OF EXCELLENCE IN DATA  SCIENCE;  RENSSE-
 LAER  POLYTECHNIC  INSTITUTE, ROCHESTER INSTITUTE OF TECHNOLOGY, AND NEW
 YORK UNIVERSITY  CENTER  OF  EXCELLENCE  IN  DIGITAL  GAME  DEVELOPMENT;
 CORNELL  UNIVERSITY  CENTER  OF EXCELLENCE IN FOOD AND AGRICULTURE INNO-
 VATION; ALBANY CENTER OF EXCELLENCE IN DATA SCIENCE IN  ATMOSPHERIC  AND
 ENVIRONMENTAL PREDICTION AND INNOVATION; NEW YORK MEDICAL COLLEGE CENTER
 OF  EXCELLENCE  IN PRECISION RESPONSES TO BIOTERRORISM AND DISASTER; AND
 CLARKSON - SUNY ESF CENTER OF EXCELLENCE IN HEALTHY WATER SOLUTIONS.
   3. (a) From such funds as may be appropriated for this purpose by  the
 legislature,  the [foundation] DEPARTMENT may provide financial support,
 through contracts or other means, to  designated  centers  for  advanced
 technology,  in  order to enhance and accelerate the development of such
 centers.  Funds received pursuant to this subdivision may  be  used  for
 purchase  of  equipment  and fixtures, employment of faculty and support
 staff, provision of graduate fellowships, and other purposes approved by
 the  [foundation]  DEPARTMENT,  but  may  not  be   used   for   capital
 construction.  In  each  case,  the  amount provided by the [foundation]
 DEPARTMENT to a center shall be matched by commitments of  support  from
 private and governmental other than state sources provided that:
   (i)  funds  or  in-kind  resources  provided  by the public or private
 university of which the center is a part  may  be  counted  towards  the
 match;
   (ii) such match shall not be required on a project-by-project basis;

 S. 2508--A                         100                        A. 3008--A
 
   (iii)  matching  funds  received from businesses with no more than one
 hundred employees shall count as double the actual dollar amount  toward
 the center's overall match requirement;
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the  center's  award  when  determining  the  amount  of  matching funds
 required by the [foundation] DEPARTMENT.  Such activities shall include,
 but are not limited to, helping incumbent  workers  expand  their  skill
 sets  through  short  courses, seminars, and workshops; providing indus-
 try-driven research assistant opportunities for students, and aiding  in
 the  development  of  undergraduate and graduate courses in the center's
 technology focus to help ensure that students are trained  to  meet  the
 needs of industry;
   (v)  centers  may  use  not  more then twenty-five percent of indirect
 costs towards any match requirements.
   (b) (I) The [amount provided  by  the  foundation  shall  be  made  in
 accordance with the following:
   (i)  for the academic year in which it is first funded as a designated
 center, and the five subsequent  years,  the]  amount  provided  by  the
 [foundation]  DEPARTMENT  to  a  center  shall be matched equally by the
 center[;
   (ii) beginning in the sixth academic year following the academic  year
 in  which  a  center is first funded as a designated center and for each
 academic year thereafter, amounts provided by the foundation  of  up  to
 seven  hundred  fifty  thousand  dollars shall be matched equally by the
 center, amounts in excess of seven hundred fifty thousand dollars  shall
 be matched by the center in amounts of at least the percentage set forth
 herein:  in  the  sixth year, one hundred twenty percent; in the seventh
 year, one hundred forty percent; in the eighth year, one  hundred  sixty
 percent;  in  the  ninth  year, one hundred eighty percent; in the tenth
 year and each year thereafter, two hundred percent;
   (iii) beginning in the ninth academic year following the academic year
 in which a center is first funded as a designated center, the foundation
 shall evaluate such center's area of advanced  technology  to  determine
 whether  it  has  continued significant potential for enhancing economic
 growth in New York, or whether the application of  technologies  in  the
 area  could  significantly enhance the productivity and stability of New
 York businesses;
   (iv) upon]. (II) UPON a finding by the [foundation] DEPARTMENT that an
 area of advanced technology  has  continued  significant  potential  for
 enhancing  economic growth in New York, or that the application of tech-
 nologies in the area could significantly enhance  the  productivity  and
 stability  of  New  York  businesses,  the  [foundation] DEPARTMENT will
 initiate a redesignation process in accordance with  the  standards  and
 criteria set forth in paragraph (b) of subdivision two and in accordance
 with paragraphs (c) and (d) of subdivision two of this section.
   [(1)  In the event a new center is selected in the redesignation proc-
 ess, the foundation shall provide funds to such new center in accordance
 with the funding match requirements set forth in subparagraphs  (i)  and
 (ii) of paragraph (a) of this subdivision.
   (2) In the event a previously designated center is redesignated in the
 same  area of technology, which redesignation is effective for the tenth
 academic year following the first academic year of both designation  and
 funding,  then, in that year and in each year thereafter, the foundation
 shall provide funds of up to seven hundred fifty thousand dollars to  be
 matched  equally by the center, amounts in excess of seven hundred fifty

 S. 2508--A                         101                        A. 3008--A

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

 S. 2508--A                         102                        A. 3008--A
 
 apply  to  such reduced payment, and such provisions shall be subject to
 the approval of the [foundation] DEPARTMENT.
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall
 be available only to those applicants  which  in  the  judgment  of  the
 [foundation]  DEPARTMENT  may reasonably be expected to be designated as
 centers. No applicant shall receive more than one such grant.
   5. (a) From such funds as may  be  appropriated  for  the  purpose  of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide  grants, on a competitive basis, to centers for projects includ-
 ing, but not limited to, those which:
   (i) explore new technologies  with  commercial  application  conducted
 jointly  by  two  or more centers or a center and non-center university,
 college or community college;
   (ii) are aimed at enhancing or accelerating the  process  of  bringing
 new  products,  particularly  those under development by new small busi-
 nesses, to the marketplace; or
   (iii) increase technology transfer projects with  the  state's  mature
 manufacturing  industries  in applying technology in their manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis by the [foundation] DEPARTMENT, which may  consider  the  type  of
 project  and  the  availability  of amounts from private, university and
 governmental, other than state, sources.
   6. (a) The [foundation] DEPARTMENT shall make an annual report of  the
 centers for advanced technology program to the governor and the legisla-
 ture  not  later  than  September  first of each year. Such report shall
 include, but not be  limited  to,  the  results  of  the  [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of  each center, any deficiencies in the operation of each center or its
 research, education and technology commercialization activities, remedi-
 al actions recommended by the [foundation] DEPARTMENT, remedial  actions
 taken  by  each  center,  a description of the small business assistance
 provided by each center, a description of any  incentive  grant  program
 awarded  a  grant by the [foundation] DEPARTMENT and the achievements of
 such program, and the amount of financial  assistance  provided  by  the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b)  Annual  reports shall include a discussion of any fields of tech-
 nology that the foundation has identified as having  significant  poten-
 tial  for  economic growth or improved productivity and stability of New
 York businesses and in which no center for advanced technology has  been
 designated  and  recommendations  of  the  [foundation] DEPARTMENT as to
 actions that should be taken.
   § 3. This act shall take effect immediately, provided, however section
 one of this act shall take effect April 1, 2023.
 
                                  PART LL

 S. 2508--A                         103                        A. 3008--A
 
   Section 1. Paragraph (a) of subdivision 1 of section 9-x of the  bank-
 ing law, as amended by section 1 of part C of chapter 126 of the laws of
 2020, is amended to read as follows:
   (a)  "Covered  period" means March 7, 2020 until the LATER OF DECEMBER
 31, 2021 OR THE date on which none of  the  provisions  that  closed  or
 otherwise  restricted  public  or private businesses or places of public
 accommodation, or required postponement or cancellation of  all  non-es-
 sential  gatherings  of individuals of any size for any reason in Execu-
 tive Orders 202.3, 202.4, 202.5, 202.6, 202.7,  202.8,  202.10,  202.11,
 202.13  or 202.14, as extended by Executive Orders 202.28 and 202.31 and
 as further extended by any future Executive Order, issued in response to
 the COVID-19 pandemic continue to apply in the county of  the  qualified
 mortgagor's residence;
   § 2. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. This act enacts into law components of legislation relating
 to  eviction  and  foreclosure  protections  for  tenants  and owners of
 commercial real property. Each component is wholly  contained  within  a
 subpart  identified as Subparts A through B. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of such Subpart.   Any provision in any section contained
 within a subpart, including the effective date  of  the  subpart,  which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the subpart in which it is found.  Section five
 of this act sets forth the general effective date of this act.
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "COVID-19  Emergency Eviction and Foreclosure Prevention for Tenants and
 Owners of Commercial Real Property Act of 2021".
   § 3. Legislative intent. The Legislature finds and declares all of the
 following:
   1. On March 7, 2020, Governor Andrew Cuomo proclaimed a state of emer-
 gency in response to the Coronavirus disease (COVID-19) pandemic.  Meas-
 ures  necessary  to  contain  the  spread of COVID-19 have brought about
 widespread economic and societal disruption, placing the  state  of  New
 York in unprecedented circumstances.
   2.  COVID-19  presents  a  historic  threat  to  public health and the
 economic well-being of New Yorkers. Commercial tenants and real property
 owners are facing eviction  or  foreclosure  due  to  necessary  disease
 control  measures  that  reduced  businesses  revenue and triggered mass
 unemployment across the state.
   3. The pandemic has further interrupted court operations,  the  avail-
 ability  of counsel, the ability for parties to pay for counsel, and the
 ability to safely commute and enter a courtroom,  settlement  conference
 and the like.
   4.  A  temporary prohibition of evictions and foreclosures for commer-
 cial properties is to the mutual benefit of all  New  Yorkers  and  will
 help  the  state  address  the  financial  toll of the pandemic, protect
 public health, and set the stage for economic recovery.
   5. As such, a limited, temporary stay  is  necessary  to  protect  the
 public health, financial security, and morals of the people the Legisla-
 ture represents from the dangers of the COVID-emergency pandemic.
 
                                 SUBPART A

 S. 2508--A                         104                        A. 3008--A
 
   Section 1. Definitions. For the purposes of this act:
   1.  "Eviction  proceeding"  means  a  summary  proceeding  to  recover
 possession of real property relating to a commercial unit under the real
 property actions and proceedings law for nonpayment of rent or any other
 judicial proceeding to recover possession of  commercial  real  property
 for nonpayment of rent.
   2.  "Landlord"  includes  a  landlord,  owner of real property and any
 other person with a legal right to pursue eviction,  possessory  action,
 or  a  money  judgment for rent, including arrears, owed or that becomes
 due during the COVID-19 covered period, as defined in section 1 of chap-
 ter 127 of the laws of 2020.
   3. "Tenant" includes a commercial tenant, or any other person or enti-
 ty responsible for paying rent, use and occupancy, or any  other  finan-
 cial  obligation  under  a lease for real property or tenancy agreement,
 but does not include a residential tenant of a dwelling unit.
   4. "Hardship declaration" means the following statement, or a substan-
 tially  equivalent  statement  in  the  tenant's  primary  language,  in
 14-point  type, published by the office of court administration, whether
 in physical or electronic form, regarding the financial hardship of  the
 tenant and signed under the penalty of perjury by the tenant:
 "NOTICE  TO  COMMERCIAL TENANT: If you have lost income or had increased
 costs during the COVID-19 pandemic as described in this hardship  decla-
 ration  and you sign and deliver this hardship declaration to your land-
 lord, you cannot be evicted until at least May 1, 2021 for nonpayment of
 rent. You or your licensees may still  be  evicted  for  violating  your
 lease by persistently engaging in behavior that infringes on the use and
 enjoyment  of  other tenants or occupants or causes a substantial safety
 hazard to others. If your landlord has provided you with this form, your
 landlord must also provide you with a mailing address and email  address
 to  which you can return this form. If your landlord has already started
 an eviction proceeding against you, you can return this form  to  either
 your landlord, the court, or both at any time. You should keep a copy or
 a  picture  of  the signed form for your records. You will still owe any
 unpaid rent to your landlord. You should also keep careful track of what
 you have paid and any amount you still owe.
 COMMERCIAL TENANT'S DECLARATION OF HARDSHIP DURING THE COVID-19  PANDEM-
 IC:   I am a commercial tenant, lawful occupant, or other person respon-
 sible for paying rent, use and occupancy, or any other  financial  obli-
 gation  under  a  commercial  lease  or  commercial tenancy agreement at
 (address of commercial property).
   You must indicate below your qualification for eviction protection  by
 checking the appropriate box and signing the declaration:
 My  business  is  experiencing  financial  hardship  due to the COVID-19
 pandemic, I certify I have not received any federal, state or local  aid
 for  businesses  harmed  by  COVID-19, and I am unable to pay my rent or
 other financial obligations under the  lease  in  full  because  of  the
 following:
 
 ( )  My  business was subject to seating, occupancy or on-premises pres-
 ence limitations due to COVID-19 safety measures as required by New York
 State Executive Orders and the business suffered a significant  loss  of
 income  or  significant  increase in cost, the approximate percentage of
 which may be required to be provided or proved by documentation;
 ( ) My business has experienced a reduction  in  gross  receipts  by  at
 least  thirty-five  percent for any three-month term during the COVID-19

 S. 2508--A                         105                        A. 3008--A
 
 coverage period that is comparable to a three-month term in 2019,  which
 may be required to be proved by documentation;
 ( ) My business has experienced a net decrease in employment by at least
 thirty-five  percent for any three-month term during the COVID-19 cover-
 age period that is comparable to a three-month term in 2019,  which  may
 be required to be proved by documentation; or
 ( ) I attest that my business was in receipt of federal, state, or local
 aid  for  businesses financially harmed by COVID-19, however the amounts
 received _____ (fill in  amount)  was  insufficient  to  pay  fully  any
 arrears,  and  my  business still meets one or more of the criteria laid
 out above and I qualify for financial hardship under this section.
   I understand that I must comply with all other lawful terms  under  my
 tenancy,  lease agreement or similar contract. I further understand that
 lawful fees, penalties or interest for not having paid rent in  full  or
 met  other financial obligations as required by my tenancy, lease agree-
 ment or similar contract may still  be  charged  or  collected  and  may
 result  in  a monetary judgment against me. I further understand that my
 landlord may be able to seek eviction after May 1, 2021,  and  that  the
 law  may provide certain protections at that time that are separate from
 those available through this declaration.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE: You are signing and submitting this form under penalty  of  law.
 That  means  it is against the law to make a statement on this form that
 you know is false."
   § 2. Notwithstanding any law to  the  contrary  no  commercial  tenant
 shall  be  removed  from  possession  prior to May 1, 2021, except by an
 eviction proceeding.
   § 3. Pending eviction proceedings. Any eviction proceeding pending  on
 the  effective date of this act, including eviction proceedings filed on
 or before March 7, 2020, or commenced within thirty days of  the  effec-
 tive  date  of  this act shall be stayed for at least thirty days, or to
 such later date that the chief administrative judge shall  determine  is
 necessary  to  ensure that courts are prepared to conduct proceedings in
 compliance with this act and to give tenants an  opportunity  to  submit
 the  hardship  declaration  pursuant to this act. The court in each case
 shall promptly issue an order directing such stay and promptly mail  the
 respondent a copy of the hardship declaration.
   §  4. Prohibition on initiation of eviction proceeding. If there is no
 pending eviction proceeding and a tenant provides a hardship declaration
 to the landlord or an agent of the landlord, there shall  be  no  initi-
 ation of an eviction proceeding against the tenant until at least May 1,
 2021,  and in such event any specific time limit for the commencement of
 an eviction proceeding shall be tolled until May 1, 2021.
   § 5. Required affidavit. 1. No court shall accept for filing any peti-
 tion or complaint or other filing to  commence  an  eviction  proceeding
 unless  the  petitioner or an agent of the petitioner or plaintiff files
 an affidavit of service, attesting to the service of both  the  eviction
 papers  and an unexecuted copy of the hardship declaration, and accompa-
 nied by an affidavit by petitioner or plaintiff that:
   a. at the time of filing, neither the petitioner or the plaintiff  nor
 any  agent of the petitioner or plaintiff has received a hardship decla-
 ration from the respondent or defendant, or

 S. 2508--A                         106                        A. 3008--A
 
   b. the respondent or defendant has returned  a  hardship  declaration,
 but  the respondent or its licensees are persistently engaging in behav-
 ior that infringes on the use and enjoyment of other  tenants  or  occu-
 pants  or  causes a substantial safety hazard to others, with a specific
 description of the behavior alleged.
   2.  Upon  accepting  a  petition  or complaint the attorney, judge, or
 clerk of the court, as the case may be, shall determine whether  a  copy
 of  the hardship declaration is annexed to the served notice of petition
 or summons and complaint and, if not, shall  ensure  that  the  hardship
 declaration  is  attached  to  such  notice  or summons. At the earliest
 possible opportunity, the court shall seek confirmation on the record or
 in writing from the respondent  or  defendant  that  the  respondent  or
 defendant  has received the hardship declaration and that the respondent
 or defendant has not submitted a hardship declaration to the  petitioner
 or plaintiff, an agent of the petitioner or plaintiff, or the court.
   §  6.  Pending  proceedings.  In  any  eviction proceeding in which an
 eviction warrant or judgment of possession or  ejectment  has  not  been
 issued, including eviction proceedings filed on or before March 7, 2020,
 if  the  tenant  provides  a  hardship  declaration to the petitioner or
 plaintiff, the court, or an agent of the petitioner or  the  court,  the
 eviction  proceeding shall be stayed until at least May 1, 2021. If such
 hardship declaration is provided to the petitioner or plaintiff or their
 agent, such petitioner or plaintiff or their agent shall  promptly  file
 it with the court, advising the court in writing the index number of all
 relevant cases.
   § 7. Sections two, three, four, and six of this act shall not apply if
 the  tenant  or its licensees are persistently engaging in behavior that
 infringes on the use and enjoyment of  other  tenants  or  occupants  or
 causes a substantial health or safety hazard to others.
   § 8. Translation of hardship declaration. The office of court adminis-
 tration  shall translate the hardship declaration, as defined in section
 one of this act, into Spanish and the six most common languages  in  the
 city of New York, after Spanish, and shall post and maintain such trans-
 lations  and an English language copy of the hardship declaration on the
 website of such office beginning within fifteen days  of  the  effective
 date  of this act. To the extent practicable, the office of court admin-
 istration shall post and maintain on its website translations into  such
 additional languages as the chief administrative judge shall deem appro-
 priate  to  ensure  that  tenants  have an opportunity to understand and
 submit hardship declarations pursuant to this act.
   § 9. If any clause, sentence, paragraph, section, or part of this  act
 shall  be  adjudged by any court of competent jurisdiction to be invalid
 and after exhaustion of all further judicial review, the judgment  shall
 not  affect,  impair  or  invalidate the remainder thereof, but shall be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   § 10. This act shall take effect immediately and  sections  one,  two,
 three, four, five, six, seven, and eight of this act shall expire May 1,
 2021.
 
                                 SUBPART B
 
   Section  1.  This  subpart  enacts  into law components of legislation
 relating to mortgage foreclosures.

 S. 2508--A                         107                        A. 3008--A
 
   § 2. Application. This act shall apply to any action  to  foreclose  a
 mortgage relating to a commercial or multi-family real property.
   (a) For purposes of this act, real property shall not include residen-
 tial  real  property  that is subject to the COVID-19 Emergency Eviction
 and Foreclosure Prevention Act of 2020.
   (b) For purposes of this act, real property shall not include property
 that has not been maintained or  has  not  been  actively  marketed  for
 rental  for a continuous period of six months before the submission of a
 hardship declaration pursuant to this action.
   (c) Notwithstanding anything to the contrary, this act shall not apply
 to and does not affect any mortgage loans made,  insured,  purchased  or
 securitized  by a corporate governmental agency of the state constituted
 as a political subdivision and public benefit corporation, or the rights
 and obligations of any lender, issuer,  servicer,  or  trustee  of  such
 obligations.
   § 3. Definitions. For the purposes of this act, "Hardship Declaration"
 means  the following statement, or a substantially similar statement, in
 the mortgagor's primary language, in 14-point  type,  published  by  the
 office  of  court administration, whether in physical or electronic form
 and signed under the penalty of perjury stating the following:
 "NOTICE TO MORTGAGOR: If you have lost income  or  had  increased  costs
 during  the  COVID-19 pandemic as described in this hardship declaration
 and you sign and deliver this  hardship  declaration  to  your  mortgage
 lender,  you  cannot be foreclosed on until at least May 1, 2021. You or
 your licensees may still be evicted for violating your lease by  persis-
 tently  engaging  in behavior that infringes on the use and enjoyment of
 other tenants or occupants or causes  a  substantial  safety  hazard  to
 others.
 If your mortgage lender or other foreclosing party has provided you with
 this  form,  they must also provide you with a mailing address and email
 address to which you can return this form. If your  mortgage  lender  or
 other  foreclosing  party  has  already started a foreclosure proceeding
 against you, you can return this form to either your mortgage lender  or
 the foreclosing party, the court, or both at any time. You should keep a
 copy  or  a  picture of the signed form for your records. You will still
 owe any unpaid mortgage payments and lawful fees  to  your  lender.  You
 should  also keep careful track of what you have paid and any amount you
 still owe.
 COMMERCIAL MORTGAGOR'S DECLARATION OF COVID-19  BUSINESS  RELATED  HARD-
 SHIP:    I  am  the  mortgagor of the property at (address of commercial
 business). I am experiencing financial hardship and I have not  received
 any  federal,  state,  or local aid for businesses financially harmed by
 COVID-19, and I am unable to pay my mortgage in full because of  one  or
 more of the following:
 
 ( )  One or more of my tenants have defaulted on a significant amount of
 rent payments since March 1, 2020, which may be required to be proved by
 documentation;
 ( ) My tenant's business was subject to seating, occupancy or on-premis-
 es presence limitations due to COVID-19 safety measures as  required  by
 New  York State Executive Orders and the business suffered a significant
 loss or income or increase in cost which has resulted in  the  reduction
 of  a  significant  amount of rent payments, which may be required to be
 proved by documentation;

 S. 2508--A                         108                        A. 3008--A
 
 ( ) I have suffered a significant reduction in revenue  or  increase  in
 cost  for  any  three-month  period during the COVID-19 coverage period,
 which may be required to be proved by documentation.
 I  attest that if my business was in receipt of federal, state, or local
 aid for businesses financially harmed by COVID-19, that such  amount  of
 ________  (fill in amount), was insufficient to cover my mortgage and my
 business still meets the criteria laid  out  above  and  I  qualify  for
 financial  hardship  under this section. I understand that I must comply
 with all the other lawful terms under my mortgage agreement.  I  further
 understand  that  lawful fees, penalties or interest for not having paid
 my mortgage in full as required by my mortgage agreement  may  still  be
 charged or collected and may result in a monetary judgment against me. I
 also  understand  that my mortgage lender or other foreclosing party may
 pursue a foreclosure action against me on or after May 1, 2021, if I  do
 not fully repay any missed or partial payments and lawful fees.
 
 Signed:
 Printed name:
 Date signed:
 
 NOTICE:  You  are signing and submitting this form under penalty of law.
 That means it is against the law to make a statement on this  form  that
 you know is false."
   §  4. Any action to foreclose a mortgage pending on the effective date
 of this act, including actions filed on or  before  March  7,  2020,  or
 commenced  within thirty days of the effective date of this act shall be
 stayed for at least thirty days, or to such later date  that  the  chief
 administrative  judge shall determine is necessary to ensure that courts
 are prepared to conduct proceedings in compliance with this act  and  to
 give mortgagors an opportunity to submit the hardship declaration pursu-
 ant  to  this  act. The court in each case shall promptly issue an order
 directing such stay and promptly mail the mortgagor a copy of the  hard-
 ship declaration.
   § 5. If a mortgagor provides a hardship declaration to the foreclosing
 party or an agent of the foreclosing party, there shall be no initiation
 of  an  action  to  foreclose  a mortgage against the mortgagor until at
 least May 1, 2021, and in such event any specific  time  limit  for  the
 commencement  of an action to foreclose a mortgage shall be tolled until
 May 1, 2021.
   § 6. No court shall accept for filing any action to foreclose a  mort-
 gage  unless  the foreclosing party or an agent of the foreclosing party
 files an affidavit, of service demonstrating the service of  a  copy  of
 the  summons  and  complaint or notice of petition, along with an unexe-
 cuted copy of the hardship declaration; and an affidavit  by  the  peti-
 tioner  attesting  that  at  the time of filing, neither the foreclosing
 party nor any agent of the foreclosing party  has  received  a  hardship
 declaration  from  the  mortgagor. At the earliest possible opportunity,
 the court shall seek confirmation on the record or in writing  that  the
 mortgagor  has  received a copy of the hardship declaration and that the
 mortgagor has not returned the hardship declaration to  the  foreclosing
 party  or  an  agent of the foreclosing party. If the court determines a
 mortgagor has not received a hardship declaration, then the court  shall
 stay  the  proceeding for a reasonable period of time, which shall be no
 less than ten business days or any longer period  provided  by  law,  to
 ensure the mortgagor received and fully considered whether to submit the
 hardship declaration.

 S. 2508--A                         109                        A. 3008--A
 
   § 7. In any action to foreclose a mortgage in which a judgment of sale
 has  been issued prior to the effective date of this act but has not yet
 been executed as of the effective date of this  act,  including  actions
 filed  on or before March 7, 2020, the court shall stay the execution of
 the  judgment at least until the court has held a status conference with
 the parties.  In any action to foreclose a mortgage,  if  the  mortgagor
 provides  a hardship declaration to the foreclosing party, the court, or
 an agent of the foreclosing party or the court, prior to  the  execution
 of  the  judgment,  the  execution shall be stayed until at least May 1,
 2021. If such hardship declaration is provided to the foreclosing  party
 or agent of the foreclosing party, such foreclosing party or agent shall
 promptly file it with the court, advising the court in writing the index
 number of all relevant cases.
   §  8. If any clause, sentence, paragraph, section, or part of this act
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 and  after exhaustion of all further judicial review, the judgment shall
 not affect, impair or invalidate the remainder  thereof,  but  shall  be
 confined in its operation to the clause, sentence, paragraph, section or
 part of this act directly involved in the controversy in which the judg-
 ment shall have been rendered.
   §  9.  This  act  shall take effect immediately and sections one, two,
 three, four, five, six and seven of this act shall expire May 1, 2021.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  5.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through B of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART NN
 
   Section  1. Section 1 of subpart H of part C of chapter 20 of the laws
 of 2015, appropriating money  for  certain  municipal  corporations  and
 school  districts,  as amended by section 1 of part AAA of chapter 59 of
 the laws of 2018, is amended to read as follows:
   Section 1. Contingent  upon  available  funding,  and  not  to  exceed
 [$69,000,000] $140,000,000 moneys from the urban development corporation
 shall be available for a local government entity, which for the purposes
 of  this  section  shall  mean  a  county,  city,  town, village, school
 district or special district, where (i) on or after June  25,  2015,  an
 electric generating facility located within such local government entity
 has  ceased operations, and (ii) the closing of such facility has caused
 a reduction in the real property tax

The New York State Senate

assembly Bill A3008C

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assembly Bill A3008C

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Sponsored By

Archive: Last Bill Status Via S2508 - Signed by Governor

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Apr 6, 2021 - floor Vote

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Committee Vote: Apr 6, 2021

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