The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8008                                                  A. 9008
 
                       S E N A T E - A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to  amend  the  penal  law  and the vehicle and traffic law, in
   relation to transportation worker safety; and to amend the penal  law,
   in  relation  to establishing the offense of menacing a highway worker
   (Subart A); to amend the vehicle  and  traffic  law,  in  relation  to
   increasing  fines  payable  by  a driver of a motor vehicle who causes
   injury to a pedestrian (Subpart B); to amend the vehicle  and  traffic
   law, in relation to leaving the scene of an accident; and to amend the
   highway law in relation to clearing of vehicles from highways (Subpart
   C);  to  amend  the  vehicle and traffic law, in relation to work zone
   safety and outreach program (Subpart D);  to  amend  the  vehicle  and
   traffic  law,  in relation to increasing penalties for certain traffic
   infractions and the use of global positioning  system  technology;  to
   amend  the  vehicle  and  traffic law and the general business law, in
   relation to notification of parkway prohibitions (Subpart E);  and  to
   amend  the  highway  law,  in relation to increasing certain fines for
   violations related to permits for work within the state highway  right
   of  way  (Subpart F) (Part A); to amend the highway law and the trans-
   portation law, in  relation to  consolidated  local highway assistance
   payments (Part B); to amend the transportation  law,  in  relation  to
   airport  improvement and revitalization (Part C); to amend the highway
   law, in relation to the entry of adjacent lands for the safe function-
   ality of state highway infrastructure (Part D); to amend  chapter  413
   of  the  laws  of  1999, relating to providing for mass transportation
   payments, in relation to the  amount  of    payments  in  the  Capitol
   District  Transportation District and adding Montgomery County to such
   District (Part E); to amend the public authorities law, in relation to
   the electronic submission and public posting  of  bids  for  New  York
   state  thruway  authority construction, reconstruction and improvement
   contracts (Part F); to amend the public authorities law,  in  relation
   to  procurement  contracts  (Part  G); to amend the public authorities
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD12673-01-2
 S. 8008                             2                            A. 9008
 
   law, in relation to increasing the statutory threshold  for  mandatory
   use of design-build by the metropolitan transportation authority (Part
   H);  to  amend the public authorities law, in relation to procurements
   conducted  by  the  metropolitan  transportation authority and the New
   York city transit authority (Part I); to amend chapter  54 of the laws
   of 2016 amending the general municipal law relating  to the  New  York
   transit  authority and the metropolitan transportation  authority,  in
   relation to extending authorization  for tax  increment financing  for
   the    metropolitan    transportation authority (Part J); to amend the
   public authorities law, in relation to MTA capital projects and utili-
   ty relocations (Part K); to  amend  the  penal  law,  in  relation  to
   assaulting  or  harassing  certain  employees  of  a transit agency or
   authority (Part L); to amend the vehicle and traffic law, in  relation
   to  owner  liability for failure of operator to comply with bus opera-
   tion-related local law or  regulation  traffic  restrictions;  and  to
   amend  part II of chapter 59 of the laws of 2010, amending the vehicle
   and traffic law and the public officers law relating to establishing a
   bus rapid transit demonstration program to restrict  the  use  of  bus
   lanes  by  means  of bus lane photo devices, in relation to the effec-
   tiveness thereof (Part M); to amend the  penal  law,  in  relation  to
   including  the  intentional  use  of  any toll highway, parkway, road,
   bridge or tunnel or entry into or remaining in a tolled central  busi-
   ness  district without payment of the lawful toll or charge as a theft
   of services; to amend the vehicle and traffic law, in relation to  the
   penalty  imposed  upon  the  operator  of a vehicle with an altered or
   obscured license plate while on a toll highway, bridge or  tunnel;  to
   amend the vehicle and traffic law, in relation to deterring fraudulent
   use of the toll exemption for vehicles transporting persons with disa-
   bilities  into or remaining in a tolled central business district; and
   to amend the vehicle and traffic law,  in  relation  to  allowing  the
   commissioner  of  motor vehicles to deny registration, reregistration,
   renewal, replacement or transfer of the registration of a vehicle  and
   vehicle  identification  number suspended for toll evasion, or subject
   to a pending toll authority request for suspension (Part N); to  amend
   chapter  751  of  the laws of 2005, amending the insurance law and the
   vehicle  and  traffic  law  relating  to  establishing  the   accident
   prevention  course  internet  technology pilot program, in relation to
   the effectiveness thereof (Part O); to amend chapter 62 of the laws of
   2003, amending the vehicle and traffic law and other laws relating  to
   increasing  certain motor vehicle transaction fees, in relation to the
   effectiveness thereof; and to amend chapter 84 of the  laws  of  2002,
   amending the state finance law relating to the costs of the department
   of  motor vehicles, in relation to the effectiveness thereof (Part P);
   to amend the vehicle and traffic  law, in relation to waiving non-dri-
   ver identification application fees for incarcerated individuals (Part
   Q); to amend the civil rights law, in relation to requiring all  state
   agencies  to update all applicable forms and data systems to include a
   gender "x" option (Part R); to  amend  the  public  officers  law,  in
   relation  to  authorizing  the  disclosure  of  records for the public
   service loan forgiveness program (Part S); to amend chapter 495 of the
   laws of 2004, amending the insurance law and  the  public  health  law
   relating  to  the New York state health insurance continuation assist-
   ance demonstration project, in relation to the  effectiveness  thereof
   (Part  T);  to  amend the general municipal law, in relation to brown-
   field opportunity areas; and to amend the public authorities  law,  in
   relation  to  funding  for certain projects by the dormitory authority
 S. 8008                             3                            A. 9008
 
   (Part U); to amend the agriculture and markets law and chapter 537  of
   the  laws  of 1976, relating to paid, free and reduced price breakfast
   for eligible pupils in certain school districts, in  relation  to  the
   transfer  of  the  administration of the national school lunch program
   and related  food  programs  to  the  Department  of  Agriculture  and
   Markets;  and  to  provide  for  the transfer of certain functions and
   employees with respect thereto (Part V); to amend the general business
   law, in relation to appearance enhancement professionals (Part W);  in
   relation  to authorizing certain health care professionals licensed to
   practice  in  other  jurisdictions  to  practice  in  this  state   in
   connection  with  the Winter World University Games; and providing for
   the repeal of such provisions upon expiration  thereof  (Part  X);  to
   amend  chapter  393 of the  laws  of  1994 amending the New York state
   urban development corporation act relating to  the  powers of the  New
   York state urban development corporation to make loans, in relation to
   extending  loan powers (Part Y); to amend the urban development corpo-
   ration act, in relation to extending the authority  of  the  New  York
   state  urban  development  corporation  to administer the empire state
   economic development  fund  (Part  Z);  to  amend  the  infrastructure
   investment act, in relation to the effectiveness thereof; and to amend
   chapter  749 of the laws of 2019 authorizing, for certain public works
   undertaken pursuant to project labor agreements, use of  the  alterna-
   tive  delivery  method known as design-build contracts, in relation to
   the effectiveness thereof (Part AA); to amend the state  finance  law,
   in  relation  to  the  excelsior  linked deposit program (Part BB); to
   amend the  New  York  state  urban  development  corporation  act,  in
   relation  to  creating  the  small business seed funding grant program
   (Part CC); to  amend  chapter  584 of the laws of 2011,  amending  the
   public  authorities  law  relating  to the powers and  duties  of  the
   dormitory authority  of  the  state of New York relative to the estab-
   lishment of subsidiaries for certain purposes, in relation   to    the
   effectiveness  thereof (Part DD); to amend the public authorities law,
   in relation to authorizing the  dormitory  authority  to  provide  its
   services to not-for-profit corporations (Part EE); to amend the public
   authorities law, in relation to authorizing the dormitory authority to
   utilize  a  prequalification  list when seeking to bid or enter into a
   contract for public work (Part FF); to amend  the  public  authorities
   law, in relation to authorizing the dormitory authority to provide its
   services to recipients of grants and loans from the downtown revitali-
   zation  program  (Part  GG);  to  amend the public authorities law, in
   relation to authorizing the dormitory authority to enter  into  design
   and  construction  management  agreements with state authorities (Part
   HH); to amend the state finance law and the public authorities law, in
   relation to the cannabis social equity fund (Part II);  to  amend  the
   highway  law and   the transportation corporations law, in relation to
   right of way for fiber optic cable (Part JJ); to  amend  the  environ-
   mental  conservation  law,  in  relation to removing a program cap and
   allowing funding of the  solid  waste  mitigation  program's  inactive
   landfill initiative (Part KK); to amend the environmental conservation
   law  and  the tax law, in relation to eligibility for participation in
   the brownfield cleanup program, assignment of the brownfield  redevel-
   opment tax credits and brownfield opportunity areas; and to amend part
   H  of  chapter 1 of the laws of 2003, amending the tax law relating to
   brownfield redevelopment tax credits, remediated brownfield credit for
   real property taxes for qualified sites and environmental  remediation
   insurance credits, in relation to the effectiveness thereof (Part LL);
 S. 8008                             4                            A. 9008
 
   to  amend the environmental conservation law, in relation to extending
   the waste tire management fee for five years and conforming the appli-
   cable administrative provisions to article 28 of  the  tax  law  (Part
   MM);  to  amend  part TT of chapter 59 of the laws of 2021 authorizing
   the creation of state debt in the amount of three billion dollars,  in
   relation to creating the environmental bond act of 2022 "restore moth-
   er  nature"  for  the  purposes  of  environmental  improvements  that
   preserve, enhance, and restore New York's natural resources and reduce
   the impact of climate change; and providing for the submission to  the
   people  of  a proposition or question therefor to be voted upon at the
   general election to be held in November, 2022, in relation to creating
   the Clean Water, Clean Air, and Green Jobs Environmental Bond  Act  of
   2022 (Part NN); to amend the environmental conservation law, the state
   finance  law,  and  part UU of chapter 59 of the laws of 2021 amending
   the environmental conservation law and the state finance law  relating
   to  the  implementation of the environmental bond act of 2022 "restore
   mother nature", in relation to renaming such act "clean  water,  clean
   air,  and  green jobs" (Part OO); to amend the tax law, in relation to
   increasing the transfer amount from the real estate  transfer  tax  to
   the  environmental  protection  fund  (Part PP); to amend the environ-
   mental conservation law, in relation to freshwater  wetlands;  and  to
   repeal  certain  provisions  of  such  law relating thereto (Part QQ);
   amend the environmental conservation law, in relation to enacting  the
   "extended producer responsibility act"; and to amend the state finance
   law,  in  relation to creating the stewardship organization fund (Part
   RR); to amend the  environmental  conservation  law,  in  relation  to
   enacting the toxics in packaging act to restrict PFAS in all packaging
   and adding restrictions for phthalates in all packaging; and to repeal
   title  2  of article 37 of the environmental conservation law relating
   to hazardous packaging (Part SS); to amend the county law, in relation
   to enacting  the  "Suffolk  County  water  quality  restoration  act",
   authorizing  the county of Suffolk to establish a water quality resto-
   ration fund, and extending the authority of the county of  Suffolk  to
   form a county-wide sewer and wastewater management district (Part TT);
   to  amend the environmental conservation law, in relation to the water
   pollution control revolving fund (Part UU);  to  amend  the  executive
   law,  in relation to ensuring proper administration and enforcement of
   the uniform fire prevention and building code  and  the  state  energy
   conservation  construction  code  (Part  VV); to amend the vehicle and
   traffic law and the state finance  law,  in  relation  to  the  vessel
   surcharge;  and  to repeal certain provisions of the state finance law
   relating thereto (Part WW); to amend  the  environmental  conservation
   law  and  the  real  property tax law, in relation to river regulating
   district payment of taxes on lands owned by the state  (Part  XX);  to
   amend the parks, recreation and historic preservation law, in relation
   to  the  powers,  functions  and duties of the state council of parks,
   recreation and historic preservation and the regional park, recreation
   and  historic  preservation  commissions;  and   to   repeal   certain
   provisions of such law relating thereto (Part YY); to amend the insur-
   ance  law,  the public authorities law and the tax law, in relation to
   authorizing the power authority of the state of New  York  to  form  a
   pure  captive  insurance  company  (Part  ZZ); to authorize the energy
   research and  development  authority  to  finance  a  portion  of  its
   research, development and demonstration, policy and planning, and Fuel
   NY  program, as well as climate change related expenses of the depart-
   ment of environmental conservation and the department  of  agriculture
 S. 8008                             5                            A. 9008
 
   and  markets'  Fuel NY program, from an assessment on gas and electric
   corporations (Part AAA); to authorize  utility  and  cable  television
   assessments  that provide funds to the department of health from cable
   television  assessment  revenues  and to the department of agriculture
   and markets, department of environmental conservation,  department  of
   state,  and  the office of parks, recreation and historic preservation
   from utility assessment revenues; and providing for the repeal of such
   provisions upon the expiration thereof (Part BBB); to amend the public
   service law, in relation to the provision of gas service  (Part  CCC);
   to amend the public authorities law, in relation to the eligibility of
   hospitals  in the state to receive assistance from the power authority
   of the state of New York (Part DDD); to  amend  the  energy  law,  the
   executive  law  and the state finance law, in relation to establishing
   the "advanced building codes, appliance and equipment efficiency stan-
   dards, and building benchmarking act of 2022" (Part EEE); and to amend
   the public authorities law,  in  relation  to  authorizing  the  power
   authority  of  the  state of New York to dispose of excess capacity in
   its broadband technologies and infrastructure (Part FFF)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state  transportation,  economic  development
 and  environmental  conservation  budget  for the 2022-2023 state fiscal
 year.  Each component is wholly contained within a  Part  identified  as
 Parts  A  through  FFF. The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.

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

   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion 11 as separately amended by chapters 268 and 281  of  the  laws  of
 2016, are amended to read as follows:
 S. 8008                             6                            A. 9008
 
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic  enforcement  officer, traffic enforcement agent, HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, MOTOR VEHICLE INSPECTOR OR MOTOR CARRIER INVESTIGATOR AS DEFINED IN
 SECTION  ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE
 OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES  OR  A  COUNTY  CLERK
 PERFORMING  MOTOR  VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or
 employee of any entity governed by the public service law in the  course
 of  performing  an  essential service, from performing a lawful duty, by
 means including releasing or failing to control an animal under  circum-
 stances  evincing the actor's intent that the animal obstruct the lawful
 activity of such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city  sanitation  worker, firefighter, paramedic, technician,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR OR MOTOR CARRIER INVESTIGATOR AS  DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, EMPLOYEE OF THE NEW YORK
 STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY  CLERK  PERFORMING  MOTOR
 VEHICLE  TRANSACTIONS  ON  BEHALF  OF SUCH DEPARTMENT, or employee of an
 entity governed by the public service law, he  or  she  causes  physical
 injury  to  such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city sanitation worker, firefighter, paramedic, technician or
 medical or related personnel in a hospital  emergency  department,  city
 marshal,  school  crossing  guard,  traffic enforcement officer, traffic
 enforcement agent, HIGHWAY WORKER AS  DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-A  OF  THE  VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee of an entity  governed
 by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 S. 8008                             7                            A. 9008
 
 ment agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-A
 OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR MOTOR CARRIER
 INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE
 AND  TRAFFIC  LAW,  EMPLOYEE  OF  THE NEW YORK STATE DEPARTMENT OF MOTOR
 VEHICLES OR A COUNTY CLERK  PERFORMING  MOTOR  VEHICLE  TRANSACTIONS  ON
 BEHALF  OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-
 one of section 1.20 of the criminal procedure law,  sanitation  enforce-
 ment  agent,  New York city sanitation worker, public health sanitarian,
 New York city public health sanitarian, registered nurse, licensed prac-
 tical nurse, emergency medical service paramedic, or  emergency  medical
 service technician, he or she causes physical injury to such train oper-
 ator,  ticket  inspector, conductor, signalperson, bus operator, station
 agent, station cleaner or terminal cleaner, city marshal, school  cross-
 ing  guard  appointed  pursuant  to  section  two hundred eight-a of the
 general municipal law, traffic enforcement officer, traffic  enforcement
 agent,  HIGHWAY  WORKER  AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF
 THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR  OR  MOTOR  CARRIER
 INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE
 AND  TRAFFIC  LAW,  EMPLOYEE  OF  THE NEW YORK STATE DEPARTMENT OF MOTOR
 VEHICLES OR A COUNTY CLERK  PERFORMING  MOTOR  VEHICLE  TRANSACTIONS  ON
 BEHALF  OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-
 one of section 1.20 of the criminal  procedure  law,  registered  nurse,
 licensed practical nurse, public health sanitarian, New York city public
 health  sanitarian,  sanitation enforcement agent, New York city sanita-
 tion worker, emergency medical service paramedic, or  emergency  medical
 service  technician,  while such employee is performing an assigned duty
 on, or directly related to, the operation of a train or  bus,  including
 the  cleaning  of  a  train  or  bus  station  or terminal, or such city
 marshal, school crossing guard,  traffic  enforcement  officer,  traffic
 enforcement  agent,  HIGHWAY  WORKER  AS  DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR  VEHICLE  INSPECTOR  OR
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   §  2.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE  INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF  DEATH,  IMMINENT  SERIOUS  PHYSICAL INJURY OR PHYSICAL INJURY.   FOR
 PURPOSES OF THIS SUBDIVISION, A HIGHWAY WORKER SHALL BE  AS  DEFINED  IN
 SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 S. 8008                             8                            A. 9008
 
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR.  ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4.  Paragraph a of subdivision 2 of section 510 of the  vehicle  and
 traffic  law  is  amended  by adding a new subparagraph (xiv) to read as
 follows:
   (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE  FIRST,  SECOND
 OR  THIRD  DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   § 5.  The vehicle and traffic law is amended by adding a  new  section
 1221-a to read as follows:
   §  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
 CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
 TION  FROM  A  FLAGPERSON,  POLICE  OFFICER  OR OTHER VISIBLY DESIGNATED
 PERSON IN CHARGE OF TRAFFIC CONTROL OR DIRECTION FROM A TRAFFIC  CONTROL
 DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE TERM
 "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET  OR
 PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING
 CONDUCTED, WHICH AREA IS MARKED BY ANY SIGNS, CHANNELING DEVICES, BARRI-
 ERS,  PAVEMENT  MARKINGS,  OR WORK VEHICLES, AND WHERE WORKERS ARE PHYS-
 ICALLY PRESENT.
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B  MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS,  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section  1.    Paragraph  1  of subdivision (b) of section 1146 of the
 vehicle and traffic law, as amended by chapter 333 of the laws of  2010,
 is amended to read as follows:
   1.  A  driver of a motor vehicle who causes physical injury as defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing to exercise due  care  in  violation  of  subdivision  (a)  of  this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   §  2.    Paragraph 1 of subdivision (c) of section 1146 of the vehicle
 and traffic law, as amended by chapter 333  of  the  laws  of  2010,  is
 amended to read as follows:
   1.  A  driver of a motor vehicle who causes serious physical injury as
 defined in article ten of the penal law to  a  pedestrian  or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine  of  not  more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation in a motor vehicle accident prevention course pursuant  to
 S. 8008                             9                            A. 9008
 
 paragraph  (e-1) of subdivision two of section 65.10 of the penal law or
 by any combination of such fine, imprisonment or course, and by  suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of  paragraph  b  of subdivision two of section five hundred ten of this
 chapter.
   § 3.  Subdivision (d) of section 1146 of the vehicle and traffic  law,
 as  amended  by  chapter  333 of the laws of 2010, is amended to read as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a person who has previously been convicted  of  any  violation  of  such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor  punishable  by  a  fine of not more than [one] TWO thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART C
 
   Section 1. Section 600 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON  OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
 INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A  LOCATION
 OFF  THE  ROADWAY  BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
 OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC,  SHALL  NOT
 BE  CONSTRUED  TO  BE  IN  VIOLATION  OF SUBDIVISION ONE OF THIS SECTION
 BECAUSE OF SUCH MOVEMENT.
   § 2. Subdivision 2 of section 15 of the highway  law,  as  amended  by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2.  The  commissioner  of  transportation  OR A POLICE OFFICER, OR ANY
 PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE  OFFICER,
 shall  have  the power to cause the immediate removal, from the right of
 way of any state  highway,  of  any  vehicle,  CARGO,  OR  DEBRIS  which
 obstructs  or interferes with the use of such a highway for public trav-
 el; or which obstructs  or  interferes  with  the  construction,  recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres  with  the clearing or removal of snow or ice from such a highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency. THE COMMISSIONER OF  TRANSPOR-
 TATION OR A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE
 COMMISSIONER  OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO
 SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A
 RECKLESS OR GROSSLY NEGLIGENT MANNER.
   § 3. This act shall take effect immediately.
 
                                 SUBPART D
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR  VEHICLES,
 THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE-
 MENT  AGENCIES,  AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL
 DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE
 MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY  WORK  ZONE  SAFETY,  TO
 REDUCE  THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHOR-
 S. 8008                            10                            A. 9008
 
 IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE-
 TY.
   § 2. This act shall take effect immediately.

                                 SUBPART E
 
   Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
 traffic law, as amended by section 1 of part B of chapter 58 of the laws
 of 2020,  are amended to read as follows:
   (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion  on a highway or parkway of a motor vehicle registered as a commer-
 cial vehicle and having a gross vehicle weight rating of  at  least  ten
 thousand pounds but no more than twenty-six thousand pounds shall, for a
 first  conviction thereof, be punished by a fine of not more than [three
 hundred fifty] ONE THOUSAND dollars or by imprisonment of not more  than
 fifteen  days or by both such fine and imprisonment; for a conviction of
 a second violation, both of which were  committed  within  a  period  of
 eighteen  months,  such  person  shall be punished by a fine of not more
 than [seven] FIFTEEN hundred dollars or by  imprisonment  for  not  more
 than  forty-five  days  or  by  both  such fine and imprisonment; upon a
 conviction of a third or subsequent violation, all of which were commit-
 ted within a period of eighteen months, such person shall be punished by
 a fine of not more than [one] TWO thousand FIVE HUNDRED  dollars  or  by
 imprisonment  of  not  more  than  ninety  days or by both such fine and
 imprisonment; provided, however,  the  provisions  of  this  subdivision
 shall not apply to a commercial motor vehicle as such term is defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter.
   (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph (a) of subdivision four of section five hundred one-a of  this
 chapter,  for  a  first conviction thereof, be punished by a fine of not
 more than [seven hundred] FIVE THOUSAND dollars or  by  imprisonment  of
 not  more than fifteen days or by both such fine and imprisonment; for a
 conviction of a second violation, both of which were committed within  a
 period  of  eighteen  months, such person shall be punished by a fine of
 not more than [one] SEVEN thousand five hundred dollars or by  imprison-
 ment  for  not more than forty-five days or by both such fine and impri-
 sonment; upon a conviction of a third or subsequent  violation,  all  of
 which  were  committed  within  a period of eighteen months, such person
 shall be punished by a fine of not more than [two] TEN thousand  dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
 S. 8008                            11                            A. 9008
 
 SION,  THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD NOT
 TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE  WAS
 IN  CHARGE  OF  THE  OWNER  OR HIS AGENT. THE PROVISIONS OF SECTION FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2.  Subdivision 18-a of section 385 of the vehicle and traffic  law,
 as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
 amended to read as follows:
   18-a. A violation of the provisions of subdivisions two or fourteen of
 this section, where the violation relates to the height of the  vehicle,
 including a violation related to the operation, within a city not wholly
 included  within  one county, of a vehicle which exceeds the limitations
 provided for in the rules and regulations  of  the  city  department  of
 transportation  of  such city, shall be punishable by a fine of not more
 than [one] FIVE thousand dollars, or by imprisonment for not  more  than
 thirty  days,  or  by  both  such  fine  and imprisonment, for the first
 offense; by a fine of not more than [two] SEVEN  thousand  FIVE  HUNDRED
 dollars,  or  by  imprisonment  for not more than sixty days, or by both
 such fine and  imprisonment,  for  the  second  or  subsequent  offense;
 provided  that  a  sentence or execution thereof for any violation under
 this subdivision may not  be  suspended.    For  any  violation  of  the
 provisions  of  subdivisions  two  or fourteen of this section where the
 violation relates to the height of the vehicle,  including  a  violation
 related  to  the operation, within a city not wholly included within one
 county, of a vehicle which exceeds the limitations provided for  in  the
 rules  and  regulations of the city department of transportation of such
 city, the registration of the vehicle may be suspended for a period  not
 to  exceed one year whether at the time of the violation the vehicle was
 in charge of the owner or his agent.  The  provisions  of  section  five
 hundred  ten  of  this  chapter shall apply to such suspension except as
 otherwise provided herein.
   § 3.  Subdivision 54 of section 375 of the vehicle and traffic law, as
 amended by chapter 473 of the laws  of  2021,  is  amended  to  read  as
 follows:
   54. Stretch limousine [and], charter bus, AND COMMERCIAL MOTOR VEHICLE
 commercial  GPS.  (a)  Every  stretch  limousine [and], charter bus, AND
 COMMERCIAL MOTOR VEHICLE registered in this state shall be equipped with
 commercial global positioning system (GPS) technology  within  no  later
 than one year of the date upon which the national highway traffic safety
 administration  promulgates final regulations establishing standards for
 commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  [or],  charter bus, OR COMMERCIAL MOTOR VEHICLE registered in
 this state on any public highway or private road open  to  public  motor
 vehicle  traffic  unless  such  stretch  limousine [or], charter bus, OR
 COMMERCIAL MOTOR VEHICLE is equipped with commercial global  positioning
 system (GPS) technology as required by this subdivision and such commer-
 cial global positioning system (GPS) technology is used. The presence in
 such stretch limousine [or], charter bus, OR COMMERCIAL MOTOR VEHICLE of
 commercial  global  positioning  system  (GPS) technology connected to a
 power source and in an operable condition is presumptive evidence of its
 use by any person operating such stretch limousine [or], charter bus, OR
 COMMERCIAL MOTOR VEHICLE.  Such presumption may be rebutted by any cred-
 ible and reliable evidence which tends  to  show  that  such  commercial
 global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
 S. 8008                            12                            A. 9008
 
   (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
 seating capacity of nine  or  more  passengers,  including  the  driver,
 commonly  referred  to as a "stretch limousine" and which is used in the
 business of transporting passengers for compensation;
   (ii)  "Charter  bus"  shall  mean  a  bus  transporting passengers for
 compensation in a chartered party;
   (iii) "Chartered party" shall mean a group of persons who, pursuant to
 a common purpose and under a single contract and at a fixed charge, have
 acquired exclusive use of a bus to travel  together  as  a  group  to  a
 specific destination or for a particular itinerary either agreed upon in
 advance or modified after having left the place of origin by such group;
 [and]
   (iv) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA-
 TION  OF  VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF MORE THAN
 TEN THOUSAND POUNDS USED IN COMMERCE TO TRANSPORT  PROPERTY  OR  PERSONS
 AND  SHALL  INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT
 LEAST EIGHTY-SIX HUNDRED POUNDS; AND
   (V) "Commercial global positioning system (GPS) technology" shall mean
 global positioning system (GPS) technology which has  been  specifically
 designed to assist in the navigation of commercial motor vehicles.
   §  4.   The vehicle and traffic law is amended by adding a new section
 509-vv to read as follows:
   § 509-VV.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR  COMMERCIAL
 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
 OF ANY COMMERCIAL VEHICLE, IS PROHIBITED.  FOR PURPOSES OF THIS SECTION,
 NON-COMMERCIAL  GLOBAL POSITION SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSI-
 TIONING TECHNOLOGY WHICH HAS NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN
 THE NAVIGATION OF COMMERCIAL VEHICLES.
   § 5.  The vehicle and traffic law is amended by adding a  new  section
 509-vvv to read as follows:
   §  509-VVV.   PARKWAYS NOTIFICATION.  COMMERCIAL CARRIERS MUST NOTIFY,
 IN WRITING, ALL COMMERCIAL DRIVERS IN THEIR EMPLOY  OF  THE  PROHIBITION
 AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   §  6.   The vehicle and traffic law is amended by adding a new section
 509-ii to read as follows:
   § 509-II.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.   ONE
 YEAR  FOLLOWING  THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL  GLOBAL  POSITIONING SYSTEMS (GPS), THE USE OF NON-COMMERCIAL
 GLOBAL POSITIONING SYSTEMS (GPS) BY ANY BUS  DRIVER  OR  MOTOR  CARRIER,
 WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS
 PROHIBITED.    FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL POSI-
 TION SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH HAS
 NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL
 VEHICLES.
   § 7.  The vehicle and traffic law is amended by adding a  new  section
 509-iii to read as follows:
   §  509-III.    PARKWAYS NOTIFICATION.   MOTOR CARRIERS MUST NOTIFY, IN
 WRITING, ALL BUS DRIVERS IN THEIR  EMPLOY  OF  THE  PROHIBITION  AGAINST
 OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   §  8. The general business law is amended by adding a new section 396-
 zz to read as follows:
 S. 8008                            13                            A. 9008
 
   § 396-ZZ. COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF  PARKWAY  PROHIBI-
 TIONS.  (A)  ALL  RENTAL  VEHICLE COMPANIES, AS DEFINED IN SECTION THREE
 HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR-
 IZED  DRIVERS  OR  RENTERS,  AS  DEFINED  IN   SECTION   THREE   HUNDRED
 NINETY-SIX-Z  OF  THIS  ARTICLE,  OF  THE PROHIBITION AGAINST COMMERCIAL
 MOTOR VEHICLES OPERATING ON  PARKWAYS  FOR  ANY  RENTALS  OR  LEASES  OF
 COMMERCIAL  MOTOR  VEHICLES.    FOR PURPOSES OF THIS SECTION "COMMERCIAL
 MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE  OR  COMBINATION  OF  VEHICLES
 HAVING  A  GROSS  COMBINATION  WEIGHT  RATING  OF MORE THAN TEN THOUSAND
 POUNDS USED TO TRANSPORT PROPERTY OR PERSONS AND  SHALL  INCLUDE  A  TOW
 TRUCK  WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX HUNDRED
 POUNDS.
   (B) A CONVICTION FOR A VIOLATION OF THIS SECTION SHALL  BE  PUNISHABLE
 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   §  9.   Severability. If any clause, sentence, subdivision, paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, or if any federal agency  determines  in  writing
 that  this act would render New York state ineligible for the receipt of
 federal funds, such judgment or written determination shall not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, subdivision, paragraph, section or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law; provided, however, that if chapter 473
 of  the  laws of 2021 shall not have taken effect on or before such date
 then section three of this act shall take effect on the same date and in
 the same manner as such chapter  of  the  laws  of  2021  takes  effect;
 provided  further  that this act shall be deemed repealed if any federal
 agency determines in writing that this act would render New  York  state
 ineligible  for  the  receipt of federal funds or any court of competent
 jurisdiction finally determines that this  act  would  render  New  York
 state  out  of  compliance  with federal law or regulation; and provided
 that the commissioner of transportation  shall notify  the   legislative
 bill  drafting  commission upon the occurrence of the provisions of this
 act  in order that the commission may maintain an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b  of  the  public  officers    law;  and
 provided further, however, that with respect to sections four and six of
 this  act,  the commissioner of transportation shall notify the legisla-
 tive bill drafting commission upon the occurrence of the  provisions  of
 sections  four  and  six  of  this act, in order that the commission may
 maintain an accurate and timely effective data base of the official text
 of the laws of the state of New York in furtherance of effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.   Effective immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                 SUBPART F
 
   Section 1. Section 52 of the highway law, as amended by chapter 297 of
 the laws of 1972, the fourth undesignated paragraph as amended by  chap-
 ter  643  of  the  laws  of 1998 and the closing paragraph as amended by
 S. 8008                            14                            A. 9008
 
 section 14 of part EE of chapter 63 of the laws of 2000, is  amended  to
 read as follows:
   §  52.  Permits  for  work  within  the state highway right of way. 1.
 Except in connection with the construction, reconstruction,  maintenance
 or improvement of a state highway, no person, firm, corporation, munici-
 pality, or state department or agency shall construct or improve, within
 the  state  highway right of way an entrance or connection to such high-
 way, or construct within the state  highway  right  of  way  any  works,
 structure or obstruction, or any overhead or underground crossing there-
 of,  or  lay or maintain therein underground wires or conduits or drain-
 age, sewer or water pipes, except  in  accordance  with  the  terms  and
 conditions of a work permit issued by the commissioner of transportation
 or  his  duly designated agent, notwithstanding any consent or franchise
 granted by any town or county superintendent, or by any other  municipal
 authority.  Any  municipal  corporation may enter upon any state highway
 for the purpose of widening  the  pavement  or  for  any  other  purpose
 authorized by this section, but only after securing a permit as provided
 herein.  Notwithstanding  the limitations in any general or special law,
 every municipal corporation shall have and is hereby given authority  to
 deposit  with the department of transportation, such a sum of money or a
 security bond as may be required by the commissioner  of  transportation
 as  a condition precedent to the granting of the permit provided in this
 section.
   2. (A) The commissioner of transportation shall establish  regulations
 governing the issuance of highway work permits, including the fees to be
 charged  therefor,  a  system of deposits of money or bonds guaranteeing
 the performance of the work and requirements of insurance to protect the
 interests of the state during performance of  the  work  pursuant  to  a
 highway  work  permit.  With  respect  to driveway entrance permits, the
 regulations shall take into consideration the prospective  character  of
 the  development,  the  traffic  which will be generated by the facility
 within the reasonably foreseeable future, the design  and  frequency  of
 access  to  the  facility,  the  effect of the facility upon drainage as
 related to existing drainage systems, the extent to which such  facility
 may  impair  the  safety  and  traffic carrying capacity of the existing
 state highway and any proposed improvement thereto within the reasonably
 foreseeable future, and any standards governing  access,  non-access  or
 limited  access  which have been established by the department of trans-
 portation.
   (B) Upon completion of the work within the state highway right of way,
 authorized by the work permit, the person,  firm,  corporation,  munici-
 pality,  or  state  department  or  agency, and his or its successors in
 interest, shall be responsible for the maintenance and  repair  of  such
 work  or  portion  of such work as set forth within the terms and condi-
 tions of the work permit.
   3. An advertising sign,  display  or  device,  or  any  part  thereof,
 erected or maintained in violation of this section shall be removed from
 the state highway right of way by the owner or the party responsible for
 its  erection  and maintenance. The commissioner of transportation shall
 make a demand by mail, to the last known address of the owner,  apparent
 owner  or  party  responsible  for  the erection and maintenance of such
 advertising sign, display or device, for its removal and, if it  is  not
 removed  within thirty days from the date of the mailing of such demand,
 the commissioner of transportation may remove any such advertising sign,
 display or device, or any part thereof, from the state highway right  of
 way. Any such legally permitted, erected and maintained sign, display or
 S. 8008                            15                            A. 9008
 
 device  may be maintained by its owner in accordance with the provisions
 of this section upon the approval of the permit issuing  office  on  the
 same  terms  and  conditions  as  may  exist  for  the  granting of such
 approvals  generally.  Where  such  approvals are for permits to control
 vegetation, the permit issuing office shall approve  no  more  than  two
 hundred  fifty permits per annum. The commissioner of transportation may
 also order the approval of additional permits to control  vegetation  on
 an individual basis upon demonstration of acute need.
   4.  The  term  "state highway right of way" shall, for the purposes of
 this section, mean the entire width between the  boundary  line  of  all
 property which has been purchased or appropriated by the state for state
 highway  purposes, all property over which the commissioner of transpor-
 tation or his predecessors has assumed jurisdiction  for  state  highway
 purposes, all property over which the commissioner of transportation has
 assumed  jurisdiction  during the period of construction, reconstruction
 or improvement and all property which has become part of the state high-
 way system through dedication or use.
   5. Any person, firm or corporation violating  this  section  shall  be
 liable  [to]  FOR a fine of not [less than twenty-five dollars nor] more
 than [one] TWENTY-FIVE thousand dollars for each day of violation to  be
 recovered  by  the  commissioner  of  transportation. All fees, fines or
 penalties collected or recovered by the commissioner  pursuant  to  this
 section  shall  be  deposited  by the comptroller into the special obli-
 gation reserve and payment account of the dedicated highway  and  bridge
 trust  fund  established  pursuant to section eighty-nine-b of the state
 finance law, excepting monies deposited with the  state  on  account  of
 betterments  performed  pursuant to subdivision twenty-seven or subdivi-
 sion thirty-five of section ten of this chapter.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or Subpart of this Part shall be adjudged by any court  of
 competent  jurisdiction to be invalid, such judgment  shall  not affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph, subdivision,   section
 or  Subpart  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent of the legislature that this Part would have been enacted even if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through F of this Part shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART B
 
   Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
 way law, as amended by section 1 part A of chapter 58  of  the  laws  of
 2020, is amended to read as follows:
   (e)  Funds  allocated  for local street or highway projects under this
 subdivision shall be used to undertake work on a project either with the
 municipality's own forces or by contract, provided however, that whenev-
 er the estimate for the construction contract work exceeds  one  hundred
 thousand  dollars  but does not exceed [three] SEVEN hundred fifty thou-
 sand dollars such work must be performed either with the  municipality's
 own  forces or by contract let by competitive bid in accordance with the
 provisions of section one hundred three of the general municipal law and
 provided  further,  however,  that  whenever  the   estimate   for   the
 S. 8008                            16                            A. 9008
 
 construction  contract work exceeds [three] SEVEN hundred fifty thousand
 dollars such work must be performed by contract let by  competitive  bid
 in  accordance  with  the provisions of section one hundred three of the
 general municipal law.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section  1.  Section  14-l  of    the  transportation law, as added by
 section 2 of part H of chapter 413 of the laws of 1999, paragraph (f) of
 subdivision 2 as amended by section 1 of subpart XX of chapter 59 of the
 laws of 2021, is amended to read as follows:
   § 14-1. Airport improvement and revitalization. 1. Notwithstanding any
 other provision of law to the contrary, an airport improvement and revi-
 talization grant [and loan] program  is  established.  Such  program  is
 established  to  provide assistance for the revitalization of public use
 airports through funding of projects  or  portions  thereof,  for  which
 sufficient  federal capital assistance and required non-federal matching
 funding is not available and provided the project is consistent with the
 airport layout plan approved by the department OR THE  FEDERAL  AVIATION
 ADMINISTRATION.  The  funding  of  capital improvements pursuant to this
 section shall not be used to provide the non-federal matching share  for
 federal airport capital improvement grants.
   2.  (a)  Assistance  may  consist  of  grants  [and loans] for capital
 improvements and technical assistance provided by the department  pursu-
 ant to this section.
   [Loans  and grants] GRANTS pursuant to this section may be made to any
 municipal corporation, public authority, public benefit  corporation  or
 any  combination thereof, or to other owners of a public use airport for
 the purpose of improving a public use airport. A county, pursuant  to  a
 written  agreement,  may  act  on behalf of one or more cities, towns or
 villages for the purposes of this section. No such assistance  shall  be
 provided to any airport operated by a bi-state authority.
   (b)  Improvements pursuant to this section may be made for the follow-
 ing purposes:
   (i)  construction,  reconstruction,  improvement,  reconditioning  and
 preservation of capital facilities where the service life of the project
 is at least ten years, and related engineering services provided, howev-
 er,  that  for  pavement  management  projects  the  service life of the
 project shall be at least five years; AND
   (ii) purchase  of  airport  equipment,  including  navigational  aids,
 acquisition of land and easements[; and
   (iii) technical assistance for airports including, but not limited to,
 preparation  of studies to attract, retain or improve air carrier or air
 cargo  services  including  low  fare  commercial  service  air  carrier
 services,  airport  business  plans,  activities  to  inform the general
 public or public and  private  organizations  of  the  availability  and
 economic  impact of the airport and the aviation services at the airport
 on the community].
   (c) Assistance pursuant to this section shall be provided pursuant  to
 contract with the commissioner. Contracts for capital improvements shall
 insure  the availability to the public of any airport improved hereunder
 for the useful life of such improvement as defined in section  sixty-one
 of  the  state  finance  law. The commissioner shall establish standards
 governing the form, content and submission of applications  for  partic-
 ipation in this program. Such standards shall include, but not be limit-
 S. 8008                            17                            A. 9008
 
 ed  to,  the requirement that, with respect to applications submitted by
 owners of privately-owned airports, the commissioner shall make a deter-
 mination that a request submitted by such owners  will  serve  a  public
 purpose  [and such applications are accompanied by].  BEFORE ANY FUNDING
 UNDER THIS SECTION MAY BE ACCEPTED OR DISBURSED, THE  COMMISSIONER  MUST
 BE  PROVIDED  WITH a resolution from the governing body of the county in
 which such privately-owned airport is  located  formally  endorsing  the
 project  for  which  assistance is requested. The commissioner shall not
 approve an application for a grant [or loan] unless  the  applicant  can
 demonstrate  commitment  of  sufficient  funds  to provide the match set
 forth in paragraph (d) of this subdivision.
   [All loans shall be repaid within ten years  and  bear  such  rate  of
 interest  as  shall be established therefor by the commissioner upon the
 issuance of the loan; provided, however, such rate shall not exceed  six
 percent per annum. Payments on all loans shall be made to the department
 and  credited  to the airport improvement and revitalization fund estab-
 lished pursuant to section eighty-eight-d of the state finance law.]
   (d) Matching ratios. [(i)] Capital grants [and loans].  State  assist-
 ance  for  the  program  shall  cover the following share of the project
 cost: for general aviation airports and commercial service airports with
 less than fifty thousand annual enplanements, up to ninety percent;  for
 commercial  service  airports  with fifty thousand or more but less than
 seven hundred thousand annual enplanements, up to  eighty  percent;  and
 for  commercial  service  airports  with  annual  enplanements  of seven
 hundred thousand or more, up to seventy percent.
   [(ii) Technical assistance. Technical assistance may be up  to  eighty
 percent  of  the project cost. Funding for technical assistance shall be
 limited to general aviation airports  and  commercial  service  airports
 with less than two hundred fifty thousand annual enplanements, provided,
 however,  that  such funding may be granted to general aviation airports
 and commercial service airports, regardless  of  the  number  of  annual
 enplanements,  for  the  preparation  of  studies  to attract, retain or
 improve low fare commercial service air  carrier  services.  The  entire
 cost  of  regional or statewide studies conducted by or on behalf of the
 department may be funded.]
   (e) Funds for assistance pursuant to this section shall  be  from  the
 airport  improvement  and  revitalization  fund  established pursuant to
 section eighty-eight-d of the state finance law. No funds shall be  paid
 pursuant  to  this  section unless the applicant for assistance provides
 for the required non-state funded share of the costs of a project.
   (f) No grant [or loan] to any eligible applicant shall exceed the  sum
 of  [two]  FIVE  million [five hundred thousand] dollars, and no part of
 any such grant [or loan] shall be used  for  salaries  or  for  services
 regularly   provided  by  the  applicant  for  administrative  costs  in
 connection with such grant [or loan].
   (g) On or before May first each year, the commissioner shall submit  a
 report  on the immediately preceding fiscal year to the governor, tempo-
 rary president of the senate and speaker of  the  assembly  showing  the
 total funds available for assistance pursuant to this section, AND item-
 ization of assistance provided[, and the repayments of loans].
   (h) No provision of this section shall be deemed to make any applicant
 ineligible  for assistance otherwise available pursuant to section four-
 teen-h or fourteen-k of this article.
   (i) The commissioner may promulgate  rules  and  regulations  for  the
 implementation of this section.
   § 2. This act shall take effect immediately.
 S. 8008                            18                            A. 9008
 
                                  PART D
 
   Section  1.  Section 45 of the highway law, as amended by chapter 1110
 of the laws of 1971, is amended to read as follows:
   § 45. Entry upon adjacent lands and streams. Lands adjacent to a state
 highway or adjoining or in the bed or beds of any streams or creeks  may
 be  entered upon and occupied by the commissioner of transportation, his
 OR HER representatives and employees, or by a contractor or any  of  his
 OR  HER  agents or employees when directed by the commissioner of trans-
 portation or his OR HER representative:
   1. to open, maintain or construct an existing ditch or  drain  or  for
 making surveys and for digging a new ditch or drain, or a section there-
 of, for the free passage of water for the drainage of such highways.
   2.  to  perform such work of construction, reconstruction, improvement
 or maintenance in order to keep the waters of  such  streams  or  creeks
 within  their  proper  channels  and  to prevent their encroachment upon
 state highways or bridges thereon.
   3. to remove or change the position of a fence  or  other  obstruction
 which,  in  the judgment of the commissioner of transportation, prevents
 the free flow of water under or  through  a  state  highway,  bridge  or
 culvert.
   4.  to remove any fence or other obstruction which, in the judgment of
 the commissioner of transportation, causes snow to drift in and  upon  a
 state highway, and to erect snow fences or other devices upon such lands
 to prevent the drifting of snow in or upon any such highway.
   5.  to inspect trees for the purpose of determining whether any are in
 such a condition as to constitute a danger  to  users  of  the  adjacent
 highway and to remove or prune those trees or parts thereof which in the
 judgment of the commissioner constitute such a danger.
   6.  ON  A  TEMPORARY  BASIS,  WHEN  DETERMINED  TO BE NECESSARY IN THE
 DISCRETION OF THE COMMISSIONER, TO PERFORM EMERGENCY REPAIRS TO  PROVIDE
 FOR  THE  SAFE FUNCTIONALITY AND OPERATION OF STATE HIGHWAYS AND BRIDGES
 WHEN SUCH FUNCTIONALITY OR OPERATION IS IMPACTED BY STORM DAMAGE,  LAND-
 SLIDE,  OR  RETAINING WALL OR DRAINAGE FAILURE, AND MAY POSE A THREAT TO
 THE TRAVELING PUBLIC.
   Notwithstanding the provisions of any general, special or local law or
 of any inconsistent provision of this chapter,  claims  for  any  damage
 caused  by such entry and work and not exceeding three hundred and fifty
 dollars may be adjusted by agreement by the commissioner of  transporta-
 tion  without appropriating any property. Upon making any such agreement
 and adjustment, and upon the approval thereof by the department of audit
 and control, the commissioner of transportation  shall  deliver  to  the
 comptroller such agreement and a certificate stating the amount due such
 owner  for  damage caused by such entry and work and the amount so fixed
 shall be paid out of the state treasury from moneys appropriated for the
 maintenance and repair of state highways.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section 1. Section 1 of part I of chapter 413 of  the  laws  of  1999,
 relating  to  providing  for mass transportation payments, as amended by
 section 1 of part D of chapter 58 of the laws of  2015,  is  amended  to
 read as follows:
   Section  1.  Notwithstanding  any other law, rule or regulation to the
 contrary, payment of mass transportation operating  assistance  pursuant
 S. 8008                            19                            A. 9008
 
 to  section  18-b  of  the  transportation  law  shall be subject to the
 provisions contained herein and the amounts made available  therefor  by
 appropriation.
   In  establishing  service  and usage formulas for distribution of mass
 transportation operating assistance, the commissioner of  transportation
 may  combine  and/or  take  into  consideration  those  formulas used to
 distribute mass transportation operating assistance payments  authorized
 by separate appropriations in order to facilitate program administration
 and to ensure an orderly distribution of such funds.
   To  improve  the  predictability  in  the  level  of funding for those
 systems receiving operating assistance payments under service and  usage
 formulas,  the  commissioner  of  transportation  is authorized with the
 approval of the director of the  budget,  to  provide  service  payments
 based on service and usage statistics of the preceding year.
   In the case of a service payment made, pursuant to section 18-b of the
 transportation law, to a regional transportation authority on account of
 mass transportation services provided to more than one county (consider-
 ing the city of New York to be one county), the respective shares of the
 matching  payments required to be made by a county to any such authority
 shall be as follows:
 
                                   Percentage
                                  of Matching
 Local Jurisdiction                 Payment
 --------------------------------------------
 In  the  Metropolitan Commuter
   Transportation District:
 New York City ................          6.40
 Dutchess .....................          1.30
 Nassau .......................         39.60
 Orange .......................          0.50
 Putnam .......................          1.30
 Rockland .....................          0.10
 Suffolk ......................         25.70
 Westchester ..................         25.10
 In the Capital District Trans-
   portation District:
 Albany .......................  [56.10] 55.27
 Rensselaer ...................  [23.30] 22.96
 Saratoga .....................    [4.10] 4.04
 Schenectady ..................  [16.50] 16.26
 MONTGOMERY ...................           1.47
 In  the  Central  New York Re-
   gional  Transportation  Dis-
   trict:
 Cayuga .......................         5.11
 Onondaga .....................         75.83
 Oswego .......................         2.85
 Oneida .......................         16.21
 In  the  Rochester-Genesee Re-
   gional  Transportation  Dis-
   trict:
 Genesee ......................          1.36
 Livingston ...................           .90
 Monroe .......................         90.14
 Wayne ........................           .98
 S. 8008                            20                            A. 9008
 
 Wyoming ......................           .51
 Seneca .......................           .64
 Orleans ......................           .77
 Ontario ......................          4.69
   In the Niagara Frontier Trans-
   portation  District:   Erie .........................            89.20
 Niagara ......................         10.80
 
   Notwithstanding any other inconsistent provisions of section  18-b  of
 the transportation law or any other law, any moneys provided to a public
 benefit  corporation constituting a transportation authority or to other
 public transportation systems in payment of state  operating  assistance
 or  such  lesser amount as the authority or public transportation system
 shall make application for, shall be paid by the commissioner of  trans-
 portation to such authority or public transportation system in lieu, and
 in full satisfaction, of any amounts which the authority would otherwise
 be entitled to receive under section 18-b of the transportation law.
   Notwithstanding  the  reporting  date provision of section 17-a of the
 transportation law, the reports of each regional transportation authori-
 ty and other major public transportation systems receiving  mass  trans-
 portation  operating  assistance shall be submitted on or before July 15
 of each year in the format prescribed by the commissioner of transporta-
 tion. Copies of such reports shall also be filed with  the  chairpersons
 of  the senate finance committee and the assembly ways and means commit-
 tee and the director of the budget. The commissioner  of  transportation
 may withhold future state operating assistance payments to public trans-
 portation systems or private operators that do not provide such reports.
   Payments may be made in quarterly installments as provided in subdivi-
 sion 2 of section 18-b of the transportation law or in such other manner
 and  at such other times as the commissioner of transportation, with the
 approval of the director of the budget, may provide; and  where  payment
 is  not  made in the manner provided by such subdivision 2, the matching
 payments required of any city, county, Indian  tribe  or  intercity  bus
 company  shall  be made within 30 days of the payment of state operating
 assistance pursuant to this section or on such other  basis  as  may  be
 agreed  upon  by the commissioner of transportation, the director of the
 budget, and the chief executive officer of  such  city,  county,  Indian
 tribe or intercity bus company.
   The commissioner of transportation shall be required to annually eval-
 uate the operating and financial performance of each major public trans-
 portation  system. Where the commissioner's evaluation process has iden-
 tified a problem related to system  performance,  the  commissioner  may
 request the system to develop plans to address the performance deficien-
 cies. The commissioner of transportation may withhold future state oper-
 ating  assistance  payments  to public transportation systems or private
 operators that do not provide such operating, financial, or other infor-
 mation as may be required by the commissioner to conduct the  evaluation
 process.
   Payments  shall  be  made  contingent upon compliance with regulations
 deemed necessary and appropriate, as prescribed by the  commissioner  of
 transportation  and  approved by the director of the budget, which shall
 promote the economy, efficiency, utility, effectiveness, and coordinated
 service delivery of public transportation systems. The  chief  executive
 officer  of  each public transportation system receiving a payment shall
 certify to the commissioner of transportation, in addition  to  informa-
 tion  required  by  section  18-b  of the transportation law, such other
 S. 8008                            21                            A. 9008
 
 information as the commissioner of  transportation  shall  determine  is
 necessary to determine compliance and carry out the purposes herein.
   Counties,  municipalities  or  Indian  tribes that propose to allocate
 service payments to operators on a basis other than the amount earned by
 the service payment formula shall be required to describe  the  proposed
 method  of  distributing  governmental  operating  aid and submit it one
 month prior to the start of the operator's fiscal year  to  the  commis-
 sioner of transportation in writing for review and approval prior to the
 distribution of state aid. The commissioner of transportation shall only
 approve  alternate  distribution  methods  which are consistent with the
 transportation needs of the people to be  served  and  ensure  that  the
 system  of private operators does not exceed established maximum service
 payment limits. Copies of such  approvals  shall  be  submitted  to  the
 chairpersons  of  the senate finance and assembly ways and means commit-
 tees.
   Notwithstanding the provisions of subdivision 4 of section 18-b of the
 transportation law, the commissioner of transportation is authorized  to
 continue  to  use  prior quarter statistics to determine current quarter
 payment amounts, as initiated in the April to June quarter of  1981.  In
 the  event  that  actual  revenue  passengers and actual total number of
 vehicle, nautical or car miles are not available for the preceding quar-
 ter, estimated statistics may be used  as  the  basis  of  payment  upon
 approval  by  the  commissioner  of  transportation.  In such event, the
 succeeding payment shall be adjusted to reflect the  difference  between
 the actual and estimated total number of revenue passengers and vehicle,
 nautical  or  car  miles used as the basis of the estimated payment. The
 chief executive officer may apply for less aid than the system is eligi-
 ble to receive. Each quarterly payment shall be attributable to  operat-
 ing expenses incurred during the quarter in which it is received, unless
 otherwise  specified  by such commissioner.   In the event that a public
 transportation system ceases to participate in  the  program,  operating
 assistance  due  for the final quarter that service is provided shall be
 based upon the actual total number of revenue passengers and the  actual
 total number of vehicle, nautical or car miles carried during that quar-
 ter.
   Payments  shall  be  contingent  on compliance with audit requirements
 determined by the commissioner of transportation.
   In the event that an  audit  of  a  public  transportation  system  or
 private  operator receiving funds discloses the existence of an overpay-
 ment of state operating assistance, regardless of whether such an  over-
 payment  results  from  an  audit  of  revenue passengers and the actual
 number of revenue vehicle miles statistics, or an audit of private oper-
 ators in cases where more than a reasonable return based  on  equity  or
 operating revenues and expenses has resulted, the commissioner of trans-
 portation,  in  addition  to  recovering  the  amount of state operating
 assistance overpaid, shall also recover  interest,  as  defined  by  the
 department of taxation and finance, on the amount of the overpayment.
   Notwithstanding  any  other  law,  rule or regulation to the contrary,
 whenever the commissioner of transportation is  notified  by  the  comp-
 troller  that  the  amount  of  revenues  available  for payment from an
 account is less than the total amount of money for which the public mass
 transportation systems  are  eligible  pursuant  to  the  provisions  of
 section 88-a of the state finance law and any appropriations enacted for
 these  purposes,  the  commissioner  of transportation shall establish a
 maximum payment limit which is proportionally lower than the amounts set
 forth in appropriations.
 S. 8008                            22                            A. 9008
 
   Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
 of the state finance law and any other general or special law,  payments
 may  be  made  in  quarterly installments or in such other manner and at
 such other  times  as  the  commissioner  of  transportation,  with  the
 approval of the director of the budget may prescribe.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                  PART F
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1. On assuming jurisdiction of a thruway section or connection or  any
 part  thereof,  or  of a highway connection, the authority shall proceed
 with the construction, reconstruction or improvement thereof.  All  such
 work  shall  be  done pursuant to a contract or contracts which shall be
 let to the lowest  responsible  bidder,  by  sealed  proposals  publicly
 opened,  OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED BY
 THE AUTHORITY AND ELECTRONICALLY POSTED FOR PUBLIC  VIEW,  after  public
 advertisement  and upon such terms and conditions as the authority shall
 require; provided, however, that the authority may reject  any  and  all
 proposals and may advertise for new proposals, as herein provided, if in
 its  opinion,  the  best  interests  of  the  authority  will thereby be
 promoted; provided further, however, that at the request of the authori-
 ty, all or any portion of  such  work,  together  with  any  engineering
 required by the authority in connection therewith, shall be performed by
 the  commissioner  and his subordinates in the department of transporta-
 tion as agents for, and at the expense of, the authority.
   § 2. This act shall take effect immediately.

                                  PART G
 
   Section 1. Section 359-a of the public authorities law, as amended  by
 section  7  of  part TT of chapter 54 of the laws of 2016, is amended to
 read as follows:
   § 359-a. Procurement contracts. For the purposes  of  section  twenty-
 eight  hundred seventy-nine of this chapter as applied to the authority,
 the term "procurement contract" shall mean any written agreement for the
 acquisition of goods or services of any kind by  the  authority  in  the
 actual  or estimated amount of [fifteen] FIFTY thousand dollars or more.
 THE AUTHORITY MAY UTILIZE A PROCUREMENT CONTRACT LET BY ANY  DEPARTMENT,
 AGENCY  OR  INSTRUMENTALITY  OF  THE UNITED STATES GOVERNMENT AND/OR ANY
 DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY  OF
 ANY  STATE  OR  STATES.  THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
 RECORD ITS RATIONALE FOR THE USE OF  SUCH  A  CONTRACT.  SUCH  RATIONALE
 SHALL  INCLUDE,  BUT  NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
 CONSIDERATION OF THE  PROCUREMENT  METHOD  BY  WHICH  THE  CONTRACT  WAS
 AWARDED,  AN  ANALYSIS  OF  ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
 EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE  OF  A  CENTRALIZED
 CONTRACT  LET  BY  THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
 NOT IN THE BEST INTEREST OF THE AUTHORITY,  AND  THE  REASONABLENESS  OF
 COST.    THE  AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT
 DUE THE VENDOR OR CONTRACTOR AS A RESULT OF THE AUTHORITY'S USE  OF  THE
 CONTRACT.
 S. 8008                            23                            A. 9008
 
   § 2. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Subdivision  1  of section 1264 of the public authorities
 law, as amended by section 2 of subpart B of part ZZZ of chapter  59  of
 the laws of 2019, is amended to read as follows:
   1.  The  purposes  of  the authority shall be the continuance, further
 development  and  improvement  of  commuter  transportation  and   other
 services related thereto within the metropolitan commuter transportation
 district,  including but not limited to such transportation by railroad,
 omnibus, marine and air, in  accordance  with  the  provisions  of  this
 title. It shall be the further purpose of the authority, consistent with
 its  status  as  the  ex officio board of both the New York city transit
 authority and the triborough bridge and tunnel authority, to develop and
 implement a unified mass transportation policy for such district  in  an
 efficient  and  cost-effective  manner  that includes the use of design-
 build contracting on all projects over [twenty-five] TWO HUNDRED million
 dollars in cost FOR NEW CONSTRUCTION AND ALL PROJECTS OVER FOUR  HUNDRED
 MILLION  DOLLARS  IN  COST FOR PROJECTS THAT ARE PREDOMINANTLY REHABILI-
 TATION OR REPLACEMENT OF EXISTING ASSETS except where a waiver is grant-
 ed by the New York state budget director pursuant to a request in  writ-
 ing  from  the  metropolitan  transportation  authority. For purposes of
 granting a waiver pursuant to this section, such review  shall  consider
 whether  the  design  build  contracting  method  is appropriate for the
 project that such waiver is sought for, and the amount  of  savings  and
 efficiencies that could be achieved using such method. The determination
 for  such  waiver  shall  be made in writing within forty-five days from
 request or shall be deemed granted.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Paragraph (b) of subdivision  7  of  section  1209  of  the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided that (i) a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  sealed bids and (ii) the board of the authority may by resol-
 ution adopt guidelines that authorize the award of  contracts  to  small
 business  concerns,  to service disabled veteran owned businesses certi-
 fied pursuant to article seventeen-B of the executive law,  or  minority
 or  women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, or purchases of goods or technology that
 are recycled or remanufactured, in an amount not to exceed  one  million
 FIVE  HUNDRED  THOUSAND dollars without a formal competitive process and
 without further board approval. The board of the authority  shall  adopt
 S. 8008                            24                            A. 9008
 
 guidelines  which  shall  be made publicly available for the awarding of
 such contract without a formal competitive process.
   §  2.  Paragraph  (a)  of  subdivision 8 of section 1209 of the public
 authorities law, as amended by chapter 725  of  the  laws  of  1993,  is
 amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in a newspaper of  general  circulation  in  the
 area  served by the authority and in the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 when  required  by  this  section. Publication in a newspaper of general
 circulation in the area served or in the procurement opportunities news-
 letter shall not be required if bids for contracts for supplies, materi-
 als or equipment are of a type regularly purchased by the authority  and
 are  to be solicited from a list of potential suppliers, if such list is
 or has been developed consistent  with  the  provisions  of  subdivision
 eleven of this section. Any such advertisement shall contain a statement
 of:  (i)  the  time and place where bids received pursuant to any notice
 requesting sealed bids will be publicly opened and read; (ii)  the  name
 of  the  contracting  agency;  (iii) the contract identification number;
 (iv) a brief description of the public  work,  supplies,  materials,  or
 equipment  sought, the location where work is to be performed, goods are
 to be delivered or services provided and  the  contract  term;  (v)  the
 address  where bids or proposals are to be submitted; (vi) the date when
 bids or proposals are due; (vii) a description  of  any  eligibility  or
 qualification requirement or preference; (viii) a statement as to wheth-
 er the contract requirements may be fulfilled by a subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful  to  potential  contractors; and (x) the name, address, and tele-
 phone number of the person to be contacted for  additional  information.
 At  least  [fifteen]  TEN  business  days shall elapse between the first
 publication of such advertisement or the solicitation of  bids,  as  the
 case  may  be, and the date of opening and reading of bids PROVIDED THAT
 AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE  FIRST  PUBLICA-
 TION  OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
 BE, AND THE DATE  OF  OPENING  AND  READING  OF  BIDS  FOR  PUBLIC  WORK
 CONTRACTS.
   §  3.  Paragraph  (e)  of  subdivision 9 of section 1209 of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available through  an  existing  contract  [between  a
 vendor and (i) another public authority provided that such other author-
 ity  utilized  a  process of competitive bidding or a process of compet-
 itive requests for proposals to award such contract or (ii) the state of
 New York or the city of New York, provided that in  any  case  when  the
 authority  under  this  paragraph  determines  that  obtaining such item
 thereby would be in the public interest and sets forth the  reasons  for
 such  determination] LET BY ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF
 THE UNITED STATES GOVERNMENT  AND/OR  ANY  DEPARTMENT,  AGENCY,  OFFICE,
 POLITICAL  SUBDIVISION  OR  INSTRUMENTALITY  OF ANY STATE OR STATES. THE
 AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT RECORD ITS RATIONALE FOR THE
 USE OF SUCH A CONTRACT.  SUCH RATIONALE SHALL INCLUDE, BUT NEED  NOT  BE
 LIMITED  TO, A DETERMINATION OF NEED, A CONSIDERATION OF THE PROCUREMENT
 METHOD BY WHICH THE CONTRACT WAS AWARDED,  AN  ANALYSIS  OF  ALTERNATIVE
 PROCUREMENT  SOURCES INCLUDING AN EXPLANATION WHY A COMPETITIVE PROCURE-
 S. 8008                            25                            A. 9008
 
 MENT OR THE USE OF A CENTRALIZED CONTRACT LET BY THE COMMISSIONER OF THE
 OFFICE OF GENERAL SERVICES IS NOT IN THE BEST INTEREST OF THE AUTHORITY,
 AND THE REASONABLENESS OF COST. The authority shall accept sole  respon-
 sibility  for  any payment due the vendor as a result of the authority's
 order; or
   § 4. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this section or without competitive sealed bids in  instances  when  the
 item  is  available from only a single source, except that the authority
 may dispense with advertising provided that it mails copies of the invi-
 tation to bid to all vendors of the particular  item  on  the  qualified
 products list.
   §  5.  Paragraph  (b) of subdivision 2 of section 1265-a of the public
 authorities law, as amended by section 3-a of subpart C of part  ZZZ  of
 chapter 59 of the laws of 2019, is amended to read as follows:
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided (i) that a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining sealed bids, and (ii) the board of the authority may by resol-
 ution  adopt  guidelines  that authorize the award of contracts to small
 business concerns, to service disabled veteran owned  businesses  certi-
 fied  pursuant  to article seventeen-B of the executive law, or minority
 or  women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, or purchases of goods or technology that
 are  recycled  or remanufactured, in an amount not to exceed one million
 FIVE HUNDRED THOUSAND dollars without a formal competitive  process  and
 without  further  board approval. The board of the authority shall adopt
 guidelines which shall be made publicly available for  the  awarding  of
 such contract without a formal competitive process.
   §  6.  Paragraph  (a) of subdivision 3 of section 1265-a of the public
 authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
 amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in a newspaper of  general  circulation  in  the
 area  served by the authority and in the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 S. 8008                            26                            A. 9008
 
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 for  a  purchase  contract  for  supplies,  materials  or equipment when
 required  by  this section. Publication in a newspaper of general circu-
 lation in the area served or in the procurement opportunities newsletter
 shall not be required if bids for contracts for supplies,  materials  or
 equipment  are of a type regularly purchased by the authority and are to
 be solicited from a list of potential suppliers, if such list is or  has
 been developed consistent with the provisions of subdivision six of this
 section.  Any  such  advertisement shall contain a statement of: (i) the
 time and place where bids received pursuant  to  any  notice  requesting
 sealed  bids  will  be  publicly  opened  and read; (ii) the name of the
 contracting agency; (iii) the contract  identification  number;  (iv)  a
 brief  description of the public work, supplies, materials, or equipment
 sought, the location where work is to be  performed,  goods  are  to  be
 delivered  or  services  provided and the contract term; (v) the address
 where bids or proposals are to be submitted; (vi) the date when bids  or
 proposals  are due; (vii) a description of any eligibility or qualifica-
 tion requirement or preference; (viii) a statement  as  to  whether  the
 contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids  PROVIDED  THAT
 AT  LEAST  FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
 TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE  MAY
 BE,  AND  THE  DATE  OF  OPENING  AND  READING  OF  BIDS FOR PUBLIC WORK
 CONTRACTS.
   § 7. Paragraph (e) of subdivision 4 of section 1265-a  of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e)  the  item  is  available  through an existing contract [between a
 vendor and (i) another public authority provided that such other author-
 ity utilized a process of competitive bidding or a  process  of  compet-
 itive  requests  for  proposals  to  award such contracts or (ii) Nassau
 county, or (iii) the state of New York or (iv) the  city  of  New  York,
 provided that in any case when under this paragraph the authority deter-
 mines  that  obtaining such item thereby would be in the public interest
 and sets forth the reasons for such determination] LET  BY  ANY  DEPART-
 MENT,  AGENCY  OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT AND/OR
 ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY
 OF ANY STATE OR STATES. THE AUTHORITY SHALL DOCUMENT IN THE  PROCUREMENT
 RECORD  ITS  RATIONALE  FOR  THE USE OF SUCH A CONTRACT.  SUCH RATIONALE
 SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION  OF  NEED,  A
 CONSIDERATION  OF  THE  PROCUREMENT  METHOD  BY  WHICH  THE CONTRACT WAS
 AWARDED, AN ANALYSIS OF ALTERNATIVE  PROCUREMENT  SOURCES  INCLUDING  AN
 EXPLANATION  WHY  A  COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
 CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF  GENERAL  SERVICES  IS
 NOT  IN  THE  BEST  INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
 COST. The authority shall accept sole responsibility for any payment due
 the vendor as a result of the authority's order; or
   § 8. Subdivision 5 of section 1265-a of the public authorities law, as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
 S. 8008                            27                            A. 9008
 
   5. Upon the adoption of a resolution by  the  authority  stating,  for
 reasons  of  efficiency, economy, compatibility or maintenance reliabil-
 ity, that there is a need for standardization, the authority may  estab-
 lish  procedures whereby particular supplies, materials or equipment are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible  bidder  after obtaining sealed bids in accordance with this
 section or without competitive sealed bids in instances when the item is
 available from only a single  source,  except  that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  9.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (b) of subdivision 7 of section 1209 of  the
 public  authorities law made by section one of this act shall not affect
 the expiration of such subdivision and shall be deemed to expire  there-
 with;  and  provided  further, however, that the amendments to paragraph
 (b) of subdivision 2 of section 1265-a of  the  public  authorities  law
 made by section five of this act shall not affect the expiration of such
 paragraph and shall be deemed to expire therewith.
 
                                  PART J
 
   Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
 amending the general municipal law relating  to  the  New  York  transit
 authority  and  the metropolitan transportation authority, as amended by
 section  1  of  part  K of chapter 58 of the laws of 2020, is amended to
 read as follows:
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  1  of section 119-r of the general municipal law
 made by section two of this act shall  expire  and  be  deemed  repealed
 April  1,  [2022]  2032, and provided further that such repeal shall not
 affect the validity or duration of any contract entered into before that
 date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART K
 
   Section 1.  Section 1266 of the public authorities law is  amended  by
 adding a new subdivision 12-b to read as follows:
   12-B.  WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT, CONSTRUCTION,
 RECONSTRUCTION  OR  REHABILITATION  OF  A  TRANSPORTATION  FACILITY  THE
 AUTHORITY  DETERMINES  THAT  THE PIPES, MAINS, CONDUITS OR OTHER INFRAS-
 TRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES  AND  APPLI-
 ANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED, RELOCATED
 OR  OTHERWISE  PROTECTED  OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY
 ("THE REQUIRED WORK"), THE FOLLOWING PROVISIONS SHALL APPLY.
   (A) THE DESIGN FOR THE REQUIRED WORK MAY BE PREPARED BY THE  AUTHORITY
 OR  THE  AUTHORITY'S  CONTRACTOR.  SUCH  DESIGNS SHALL BE SUBJECT TO THE
 REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH  SHALL  NOT
 BE  UNREASONABLY  WITHHELD.  SUCH REVIEW AND APPROVAL SHALL BE COMPLETED
 S. 8008                            28                            A. 9008
 
 WITHIN A REASONABLE PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORITY
 AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION.
   (B) IN REVIEWING AND APPROVING DESIGNS FOR THE REQUIRED WORK, A PUBLIC
 SERVICE  CORPORATION MAY NOT REQUIRE THE AUTHORITY TO PROVIDE FOR ANTIC-
 IPATED FUTURE SERVICE INCREASES OR  OTHER  BETTERMENTS,  OTHER  THAN  TO
 COMPLY WITH CURRENT STANDARDS OR ENSURE RELIABILITY AS DETERMINED BY THE
 DEPARTMENT  OF  PUBLIC SERVICE, WITHOUT THE AUTHORITY'S AGREEMENT, WHICH
 SHALL NOT BE UNREASONABLY WITHHELD.
   (C) WHERE THE PUBLIC  SERVICE  CORPORATION  DETERMINES  THAT  IT  WILL
 PERFORM  ANY  PORTION OF THE REQUIRED WORK, THAT PORTION OF THE REQUIRED
 WORK SHALL BE PERFORMED  ACCORDING  TO  A  SCHEDULE  DETERMINED  BY  THE
 AUTHORITY  AFTER  CONSULTATION  WITH  THE  PUBLIC  SERVICE  CORPORATION,
 PROVIDED THAT THE SCHEDULE IS REASONABLE AND PRACTICABLE.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately amended by chapters 268 and 281 of the laws of 2016,  is  amended
 to read as follows:
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA FOR USE ON A  TRAIN OR BUS; A
 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  COMMUTER  RAIL  TRACKS  OR STATIONS, TRAIN YARD, REVENUE TRAIN IN
 PASSENGER SERVICE, BUS WHILE ON THE ROAD, OR A TRAIN OR BUS  STATION  OR
 TERMINAL;  OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit OR
 COMMUTER RAILROAD agency, authority or company, public or private, whose
 operation is authorized by New York state or any of its political subdi-
 visions, a city marshal, a school crossing guard appointed  pursuant  to
 section  two  hundred  eight-a  of  the general municipal law, a traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 sanitation  enforcement  agent,  New York city sanitation worker, public
 health sanitarian, New York city public  health  sanitarian,  registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency  medical  service technician, he or she causes physical injury
 to such train operator, ticket inspector, conductor,  signalperson,  bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL DUTIES INCLUDE THE SALE OR
 COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA  FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE,  REPAIR,  INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
 TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND  SUBWAY  TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE,  BUS WHILE ON THE ROAD, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH  PERSONNEL,  city  marshal,
 school  crossing guard appointed pursuant to section two hundred eight-a
 of the general  municipal  law,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 S. 8008                            29                            A. 9008
 
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician,  while  such  employee is performing an assigned duty on, or
 directly  related  to,  the operation of a train or bus, [including the]
 cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
 SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
 USE ON A TRAIN OR BUS, OR MAINTENANCE OF  A  TRAIN  OR  BUS  STATION  OR
 TERMINAL,  SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN IN PASSENGER SERVICE OR BUS  WHILE  ON  THE  ROAD,  or  such  city
 marshal,  school  crossing  guard,  traffic enforcement officer, traffic
 enforcement agent, prosecutor as defined in  subdivision  thirty-one  of
 section  1.20  of the criminal procedure law, registered nurse, licensed
 practical nurse, public health sanitarian, New York city  public  health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er,  emergency  medical  service paramedic, or emergency medical service
 technician is performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A. STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER  PERSON  TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER  PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR; CONDUCTOR;
 SIGNALPERSON; BUS OPERATOR; STATION  AGENT;  STATION  CLEANER;  TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE THE SALE OR COLLECTION OF TICKETS,  PASSES,  VOUCHERS  OR  OTHER
 FARE  PAYMENT  MEDIA  FOR  USE  ON A TRAIN OR BUS; PERSON WHOSE OFFICIAL
 DUTIES INCLUDE THE  MAINTENANCE,  REPAIR,  INSPECTION,  TROUBLESHOOTING,
 TESTING  OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND
 SUBWAY TRACKS,  TRANSIT  STATION  STRUCTURE,  COMMUTER  RAIL  TRACKS  OR
 STATIONS,  TRAIN  YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS WHILE ON
 THE ROAD, OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR  OF  SUCH
 PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-
 TY  OR  COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW
 YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART M
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 1111-c-1 to read as follows:
   § 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
 OPERATION-RELATED LOCAL LAW  OR  REGULATION  TRAFFIC  RESTRICTIONS.  (A)
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION, THE CITY OF NEW YORK  IS  HEREBY  AUTHORIZED
 AND EMPOWERED TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
 FAILURE  OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE LOCAL LAWS
 AND REGULATIONS OF THE CITY OF NEW YORK REGARDING BUS  OPERATION-RELATED
 TRAFFIC  RESTRICTIONS.  THE  DEPARTMENT OF TRANSPORTATION OF THE CITY OF
 NEW YORK AND/OR AN APPLICABLE MASS TRANSIT AGENCY, SHALL  OPERATE  PHOTO
 DEVICES  THAT  MAY  BE  STATIONARY  OR  MOBILE AND SHALL BE ACTIVATED AT
 LOCATIONS DETERMINED BY SUCH  DEPARTMENT  OF  TRANSPORTATION  AND/OR  ON
 BUSES SELECTED BY THE APPLICABLE MASS TRANSIT AGENCY.
   (B)  ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSI-
 BLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRAN-
 SIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
 S. 8008                            30                            A. 9008
 
 DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS.  ANY  MOBILE
 BUS  PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH
 BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN  VIOLATION  OF  THE  LOCAL
 LAWS AND REGULATIONS RELATING TO BUS OPERATION TRAFFIC RESTRICTIONS, AND
 IMAGES  PRODUCED  BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE
 IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED.
   (C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES  TO  PROTECT
 THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
 TITY  AND  IDENTIFYING  INFORMATION  MAY  BE  CAPTURED BY A PHOTO DEVICE
 PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
   1. UTILIZATION OF NECESSARY TECHNOLOGIES  TO  ENSURE,  TO  THE  EXTENT
 PRACTICABLE,  THAT  IMAGES  PRODUCED  BY  SUCH  PHOTO  DEVICES SHALL NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
 OF A VEHICLE, PROVIDED, HOWEVER, THAT  NO  NOTICE  OF  LIABILITY  ISSUED
 PURSUANT  TO  THIS  SECTION  SHALL  BE DISMISSED SOLELY BECAUSE AN IMAGE
 ALLOWS FOR THE IDENTIFICATION OF THE DRIVER,  THE  PASSENGERS  OR  OTHER
 CONTENTS OF A VEHICLE;
   2.  A  PROHIBITION  ON  THE  USE OR DISSEMINATION OF VEHICLES' LICENSE
 PLATE INFORMATION AND OTHER INFORMATION AND  IMAGES  CAPTURED  BY  PHOTO
 DEVICES EXCEPT:
   (I)  AS  REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
 PAYMENT OF PENALTIES;
   (II) AS REQUIRED BY COURT ORDER;
   (III) AS REQUIRED PURSUANT TO A SEARCH WARRANT  ISSUED  IN  ACCORDANCE
 WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
   (IV) AS OTHERWISE REQUIRED BY LAW;
   3.  THE  INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
 REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES  STATING  THAT  MOBILE
 AND  STATIONARY  PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
 TO BUS OPERATION  TRAFFIC  RESTRICTIONS  INCLUDING  STOPPING,  STANDING,
 PARKING AND TURNING MOVEMENTS; AND
   4.   OVERSIGHT  PROCEDURES  TO  ENSURE  COMPLIANCE  WITH  THE  PRIVACY
 PROTECTION MEASURES UNDER THIS SUBDIVISION.
   (D) WARNING NOTICES OF VIOLATION SHALL  BE  ISSUED  DURING  THE  FIRST
 SIXTY  DAYS  THAT  PHOTO  DEVICE ENFORCEMENT PURSUANT TO THIS SECTION IS
 ACTIVE.
   (E) THE OWNER OF A VEHICLE SHALL  BE  LIABLE  FOR  A  PENALTY  IMPOSED
 PURSUANT  TO  THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY  APPLI-
 CABLE BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC RESTRICTIONS
 AND  SUCH  VIOLATION  IS  EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO
 DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE  FOR
 A  PENALTY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
 VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUCH  APPLICA-
 BLE LOCAL LAW OR REGULATION.
   (F)  FOR  PURPOSES  OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
 CHAPTER.
   2.  "PHOTO  DEVICE"  SHALL  MEAN A MOBILE OR STATIONARY DEVICE THAT IS
 CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
 ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION  OF
 AN APPLICABLE LOCAL LAW OR REGULATION.
   3.  "APPLICABLE  BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC
 RESTRICTIONS" SHALL MEAN THE RESTRICTIONS SET FORTH IN CHAPTER  FOUR  OF
 TITLE  THIRTY-FOUR  OF  THE  RULES OF THE CITY OF NEW YORK AFFECTING BUS
 S. 8008                            31                            A. 9008
 
 OPERATIONS INCLUDING BUT  NOT  LIMITED  TO  THE  FOLLOWING:  4-08(F)(4),
 GENERAL NO STANDING ZONES, BUS LANES; 4-08(C)(3), VIOLATION OF POSTED NO
 STANDING  RULES  PROHIBITED,  BUS  STOP; 4-08(F)(1), GENERAL NO STANDING
 ZONES,  DOUBLE  PARKING;  4-08(K)(2), SPECIAL RULES FOR COMMERCIAL VEHI-
 CLES, NO STANDING EXCEPT TRUCKS LOADING AND  UNLOADING;  4-07(B)(1)  AND
 4-08(E)(11), STOPPING PROHIBITED; 4-08(E)(4), GENERAL NO STOPPING ZONES,
 INTERSECTIONS;   4-08(E)(5),  GENERAL  NO  STOPPING  ZONES,  CROSSWALKS;
 4-08(E)(12), GENERAL NO STOPPING ZONES, OBSTRUCTING  TRAFFIC  AT  INTER-
 SECTION; AND 4-05 AND 4-07(H)(2), TURNS.
   4.  "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
 ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR  LEAS-
 ING  VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
 OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE  EXCLUSIVE  USE  OF
 SAID VEHICLE FOR ANY PERIOD OF TIME.
   5.  "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
 ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR  CONTRACTS  FOR
 THE  USE  OF  ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
 ANY PERIOD OF TIME.
   (G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
 THE  CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THERE-
 OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE, SHALL BE  PRIMA  FACIE
 EVIDENCE  OF  THE  FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
 GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH  A  VIOLATION
 SHALL  BE  AVAILABLE  FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE
 LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
   (H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF  THE  CITY  OF  NEW
 YORK;  PROVIDED,  HOWEVER, THAT THE MONETARY PENALTY FOR A FIRST OFFENSE
 OF A PROVISION OF LOCAL LAW OR REGULATION OF THE CITY OF NEW YORK RELAT-
 ING TO STOPPING,  STANDING,  PARKING  AND  TURNING  MOVEMENT  VIOLATIONS
 PURSUANT  TO  THIS  SECTION  SHALL  NOT  EXCEED  ONE HUNDRED TWENTY-FIVE
 DOLLARS FOR A FIRST OFFENSE, ONE HUNDRED  FIFTY  DOLLARS  FOR  A  SECOND
 OFFENSE  WITHIN  A  TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A THIRD
 OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED FIFTY  DOLLARS  FOR  A
 FOURTH  OFFENSE  WITHIN  A  TWELVE-MONTH PERIOD, AND THREE HUNDRED FIFTY
 DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A  TWELVE-MONTH  PERIOD;  AND
 PROVIDED,  FURTHER,  THAT  AN  OWNER  SHALL  BE LIABLE FOR AN ADDITIONAL
 PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR  EACH  VIOLATION  FOR  THE
 FAILURE  TO  RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
 PERIOD SET FORTH IN THE NOTICE OF VIOLATION.
   (I) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL  NOT  BE
 DEEMED  A  CONVICTION  OF  AN OPERATOR AND SHALL NOT BE MADE PART OF THE
 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED,  NOR
 SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
 CLE INSURANCE COVERAGE.
   (J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
 FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER  FOR  A
 VIOLATION  UNDER  THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT
 BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
 ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
 CONTAINED IN SUCH RECORD OF MAILING.
   2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION  SHALL  CONTAIN  THE
 NAME  AND  ADDRESS  OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
 VIOLATION, THE REGISTRATION NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
 S. 8008                            32                            A. 9008
 
 VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
 STREET ADDRESS OR CROSS STREETS, ONE  OR  MORE  IMAGES  IDENTIFYING  THE
 VIOLATION,  THE  DATE  AND  TIME  OF  SUCH VIOLATION, THE IDENTIFICATION
 NUMBER  OF  THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
 MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
 THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING  SUCH
 PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
   3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
 MATION  ADVISING  THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
 HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE.  SUCH  NOTICE
 OF  LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
 THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE  DEEMED
 AN  ADMISSION  OF  LIABILITY  AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
 THEREON.
   4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION  SHALL  BE  PREPARED
 AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
 OR  ANY  OTHER  ENTITY  AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
 NOTIFICATION OF VIOLATION.
   (K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (L)  IF  AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
 TO THIS SECTION FOR ANY  TIME  PERIOD  DURING  WHICH  SUCH  VEHICLE  WAS
 REPORTED  TO  THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
 VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE  VEHICLE  HAD  BEEN
 REPORTED  TO  THE  POLICE  AS  STOLEN  PRIOR  TO  THE TIME THE VIOLATION
 OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH  TIME.  FOR  PURPOSES  OF
 ASSERTING  THE  DEFENSE  UNDER  THIS SUBDIVISION, IT SHALL BE SUFFICIENT
 THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
 BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF  NEW
 YORK.
   (M)  1.  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT  BE  LIABLE  FOR
 THE  VIOLATION OF AN APPLICABLE BUS OPERATION-RELATED LOCAL LAW OR REGU-
 LATION TRAFFIC RESTRICTION, PROVIDED THAT:
   (I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS  FILED  WITH  THE  PARKING
 VIOLATIONS  BUREAU  OF  THE  CITY  OF  NEW  YORK  IN ACCORDANCE WITH THE
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE  PARKING
 VIOLATIONS  BUREAU  OF  THE  CITY  OF NEW YORK OF THE DATE AND TIME OF A
 LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
 NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT  NAME
 AND  ADDRESS  OF  THE  LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
 LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER  ADDI-
 TIONAL  INFORMATION  CONTAINED  IN  THE  RENTAL, LEASE OR OTHER CONTRACT
 DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
 LATIONS THAT MAY BE PROMULGATED FOR  SUCH  PURPOSE.  FAILURE  TO  TIMELY
 SUBMIT  SUCH  INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
 PRESCRIBED IN THIS SECTION.
   2. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF  SUBPARAGRAPH  (I)
 OF  PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
 DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF  SUCH  VEHICLE
 FOR  PURPOSES  OF  THIS  SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH
 VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
 ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
   (N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
 OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION,  SUCH  OWNER  MAY
 S. 8008                            33                            A. 9008
 
 MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
 CLE AT THE TIME OF SUCH VIOLATION.
   (O)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF AN APPLICABLE LOCAL LAW
 OR REGULATION.
   (P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY  SHALL
 SUBMIT  A  REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
 THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE SPEAKER OF THE ASSEMBLY BY APRIL  FIRST,  WITHIN  TWELVE  MONTHS  OF
 OPERATION  OF  SUCH  PHOTO  DEVICES AND EVERY TWO YEARS THEREAFTER. SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1. A DESCRIPTION OF THE LOCATIONS AND/OR  BUSES  WHERE  PHOTO  DEVICES
 WERE USED UNDER THIS SECTION;
   2.  THE  TOTAL  NUMBER  OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
 MONTHLY AND ANNUAL BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
   4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
 NOTICE OF LIABILITY UNDER THIS SECTION;
   5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
 OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6.  THE  TOTAL  AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
 ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
   7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND  ITS
 RESULTS;
   8.  THE  TOTAL  NUMBER  OF  CAMERAS  BY TYPE OF CAMERA USED UNDER THIS
 SECTION; AND
   9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL  COST  TO  ANY
 PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION.
   (Q)  ANY  REVENUE  FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
 SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE  CITY  OF
 NEW  YORK  TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO
 BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK  CITY
 TRANSPORTATION  ASSISTANCE  FUND  ESTABLISHED PURSUANT TO SECTION TWELVE
 HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
   § 2. The opening paragraph of section 14 of part II of chapter  59  of
 the  laws  of  2010, amending the vehicle and traffic law and the public
 officers law relating to establishing a bus rapid transit  demonstration
 program  to  restrict  the  use  of bus lanes by means of bus lane photo
 devices, as amended by section 2 of part D of chapter 39 of the laws  of
 2019, is amended to read as follows:
   This  act  shall  take effect on the ninetieth day after it shall have
 become a law [and shall expire 15 years after such effective  date  when
 upon such date the provisions of this act shall be deemed repealed]; and
 provided  that  any  rules  and regulations related to this act shall be
 promulgated on or before such effective date, provided that:
   § 3. This act shall take effect immediately; provided that section one
 of this act shall take effect on the one hundred eightieth day after  it
 shall  have become a law. Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
                                  PART N
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
 S. 8008                            34                            A. 9008

   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE  OR  TUNNEL  OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
 DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE  AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid  payment  of  the  lawful  charge  OR TOLL for such transportation
 service which has been rendered to him OR HER OR FOR  SUCH  USE  OF  ANY
 TOLL  HIGHWAY,  PARKWAY,  ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts to obtain such service OR TO USE  ANY  TOLL  HIGHWAY,  PARKWAY,
 ROAD,  BRIDGE  OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
 NESS DISTRICT or avoids or attempts to avoid payment therefor by  force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   §  2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
 traffic law, as amended by chapter 451 of the laws of 2021,  is  amended
 and a new paragraph (c) is added to read as follows:
   (b)  (i) Number plates shall be kept clean and in a condition so as to
 be easily readable and shall not be covered  by  glass  or  any  plastic
 material.
   (ii)  Number  plates shall not be knowingly covered or coated with any
 artificial or synthetic material or substance that conceals or  obscures
 such  number plates or that distorts a recorded or photographic image of
 such number plates.
   (iii) The view of such number plates shall not be  obstructed  by  any
 part  of  the  vehicle  or  by  anything  carried thereon[, except for a
 receiver-transmitter issued by a  publicly  owned  tolling  facility  in
 connection  with electronic toll collection when such receiver-transmit-
 ter is affixed to the exterior of a vehicle in accordance with  mounting
 instructions provided by the tolling facility].
   (C)  IT  SHALL  BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE OR PARK A
 MOTOR VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR  ENTER
 OR  REMAIN  IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION
 SEVENTEEN HUNDRED FOUR OF THIS CHAPTER, UNDER THE  JURISDICTION  OF  THE
 TOLLING  AUTHORITY,  IF  SUCH  NUMBER  PLATE IS NOT EASILY READABLE, NOR
 SHALL ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL,  AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR
 THAT  DISTORTS  A  RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND THE VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY  ANY  PART
 OF  THE  VEHICLE  OR BY ANYTHING CARRIED THEREON, EXCEPT FOR A RECEIVER-
 TRANSMITTER ISSUED BY A PUBLICLY OWNED TOLLING AUTHORITY  IN  CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED TO THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE  WITH  MOUNTING
 INSTRUCTIONS  PROVIDED  BY  THE  TOLLING AUTHORITY. FOR PURPOSES OF THIS
 PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC  AUTHORITY  WHICH
 OPERATES  A  TOLL  HIGHWAY,  BRIDGE  AND/OR TUNNEL OR A CENTRAL BUSINESS
 DISTRICT TOLLING PROGRAM, AS WELL AS THE PORT AUTHORITY OF NEW YORK  AND
 NEW  JERSEY,  A  BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER
 ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN  HUNDRED  TWENTY-ONE,  AS
 AMENDED.
   §  3.  Subdivision 8 of section 402 of the vehicle and traffic law, as
 amended by chapter 451 of the laws  of  2021,  is  amended  to  read  as
 follows:
   8.  A  violation  of this section shall be punishable by a fine of not
 less than twenty-five nor more than two hundred  dollars,  except  that:
 S. 8008                            35                            A. 9008
 
 (A)  a violation of subparagraph (ii) or subparagraph (iii) of paragraph
 (b) of subdivision one of this section shall be punishable by a fine  of
 not  less  than  fifty  nor  more  than three hundred dollars; AND (B) A
 VIOLATION  OF  PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED  NOR  MORE  THAN  FIVE
 HUNDRED DOLLARS.
   §  4. Subdivision 5-a of section 401 of the vehicle and traffic law is
 amended by adding a new paragraph d to read as follows:
   D. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REGISTER, REREGISTER, RENEW,
 REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR  OTHER
 INFORMATION  OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
 FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER  IS  ASSOCI-
 ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
 TO  A  PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
 TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
 OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
 ER'S AGENT SHALL IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK  AND  DENY
 THE  REGISTRATION,  REREGISTRATION,  RENEWAL, REPLACEMENT OR TRANSFER OF
 THE REGISTRATION FOR SUCH  VEHICLE  AND  VEHICLE  IDENTIFICATION  NUMBER
 UNTIL  THE  TOLLING  AUTHORITY  ADVISES,  IN SUCH FORM AND MANNER AS THE
 COMMISSIONER SHALL  PRESCRIBE,  THAT  NOTICES  OF  VIOLATION  HAVE  BEEN
 RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
 THE  VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
 TOLLING AUTHORITY.   WHERE AN APPLICATION IS  DENIED  PURSUANT  TO  THIS
 PARAGRAPH,  THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY
 A REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF  THE
 REGISTRATION  FOR  ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
 APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT  SUCH  REGISTRANT'S
 INTENT  HAS  BEEN  TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE
 COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT  SUCH  REGISTRATION,
 REREGISTRATION,  RENEWAL,  REPLACEMENT  OR TRANSFER OF REGISTRATION WILL
 HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH  VEHI-
 CLE  IDENTIFICATION  NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT
 UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH  FORM  AND  MANNER  AS  THE
 COMMISSIONER  SHALL  PRESCRIBE,  THAT  NOTICES  OF  VIOLATION  HAVE BEEN
 RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
 THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO  THE
 TOLLING AUTHORITY.
   §  5.  Paragraph  d of subdivision 3 of section 510 of the vehicle and
 traffic law, as amended by chapter 173 of the laws of 1990,  is  amended
 to read as follows:
   d.  for  habitual  or persistent violation of any of the provisions of
 this chapter, or of any lawful ordinance, rule  or  regulation  made  by
 local  authorities  in  relation to traffic, INCLUDING VIOLATIONS OF ANY
 STATUTE,  ORDINANCE,  RULE  OR  REGULATION  PERTAINING  TO   A   TOLLING
 AUTHORITY;
   § 6. Subdivision 4-d of section 510 of the vehicle and traffic law, as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   4-d. Suspension of registration for failure to answer or pay penalties
 with  respect  to certain violations. Upon the receipt of a notification
 from a court or an administrative tribunal that  an  owner  of  a  motor
 vehicle failed to appear on the return date or dates or a new subsequent
 adjourned  date or dates or failed to pay any penalty imposed by a court
 or failed to comply with the rules and regulations of an  administrative
 tribunal  following  entry of a final decision or decisions, in response
 to [five] THREE or more notices of liability or  other  process,  issued
 S. 8008                            36                            A. 9008
 
 within [an eighteen month] A FIVE YEAR period charging such owner with a
 violation   of  toll  collection  regulations  in  accordance  with  the
 provisions of section two  thousand  nine  hundred  eighty-five  of  the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
 fifty, the commissioner or his agent shall suspend the  registration  of
 the  vehicle  or  vehicles involved in the violation or the privilege of
 operation of any motor vehicle owned by the registrant. Such  suspension
 shall take effect no less than thirty days from the date on which notice
 thereof  is sent by the commissioner to the person whose registration or
 privilege is suspended and shall remain in effect until such  registrant
 has  appeared  in response to such notices of liability or has paid such
 penalty or in the case of an administrative tribunal, the registrant has
 complied with the rules and regulations following the entry of  a  final
 decision or decisions.
   §  7.  Section  1704-a  of  the  vehicle and traffic law is amended by
 adding a new subdivision 5 to read as follows:
   5. (A) ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT, OR  FALSIFIES
 OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS OF THE CENTRAL BUSINESS
 DISTRICT  TOLLING  PROGRAM, FOR THE PURPOSE OF FRAUDULENTLY OBTAINING AN
 EXEMPTION FROM THE CENTRAL BUSINESS DISTRICT TOLL UNDER SUBDIVISION  TWO
 OF  THIS  SECTION  FOR  A  QUALIFYING VEHICLE TRANSPORTING A PERSON WITH
 DISABILITIES, SHALL BE GUILTY  OF  A  MISDEMEANOR,  AND  SHALL  ALSO  BE
 SUBJECT  TO  A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE
 STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION.
   (B) ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION THAT RESULTS IN A
 PERSON RECEIVING EXEMPTIONS FROM CENTRAL BUSINESS DISTRICT  TOLLS  UNDER
 SUBDIVISION  TWO OF THIS SECTION FOR A QUALIFYING VEHICLE TRANSPORTING A
 PERSON WITH DISABILITIES WITH A VALUE IN EXCESS OF ONE THOUSAND  DOLLARS
 MORE  THAN  THEY  WOULD HAVE BEEN ENTITLED TO SHALL BE A CLASS E FELONY.
 ANY SUCH VIOLATION THAT RESULTS IN A PERSON  RECEIVING  SUCH  EXEMPTIONS
 WITH  A  VALUE  IN  EXCESS OF FIVE THOUSAND DOLLARS MORE THAN THEY WOULD
 HAVE BEEN ENTITLED TO SHALL BE A CLASS D FELONY.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART O
 
   Section  1. Section 5 of chapter 751 of the laws of 2005, amending the
 insurance law and the vehicle and traffic law relating  to  establishing
 the  accident  prevention  course  internet technology pilot program, as
 amended by section 4 of part ZZ of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1,  [2022]  2024;  provided  that any rules and regulations necessary to
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                  PART P
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 S. 8008                            37                            A. 9008
 
 part  YY  of  chapter  58  of  the  laws  of 2020, is amended to read as
 follows:
   §  13.  This  act shall take effect immediately; provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 [2022] 2024; provided further, however, that the provisions  of  section
 eleven  of this act shall take effect April 1, 2004 and shall expire and
 be deemed repealed on April 1, [2022] 2024.
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part YY of chapter 58 of  the  laws
 of 2020, is amended to read as follows:
   §  2.  This act shall take effect April 1, 2002; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after  April  1,  2002;  provided  further, however, that this act shall
 expire and be deemed repealed on April 1, [2022] 2024.
   § 3. This act shall take effect immediately.
 
                                  PART Q
 
   Section 1.  Subdivision 3 of section 491 of the  vehicle  and  traffic
 law,  as added by section 1 of part H of chapter 58 of the laws of 2017,
 is amended to read as follows:
   3. Waiver of fee. The commissioner  may  waive  the  payment  of  fees
 required  by  subdivision two of this section if the applicant is (A) AN
 INCARCERATED INDIVIDUAL IN AN INSTITUTION UNDER THE  JURISDICTION  OF  A
 STATE DEPARTMENT OR AGENCY, OR (B) a victim of a crime and the identifi-
 cation  card  applied  for  is  a  replacement  for one that was lost or
 destroyed as a result of the crime.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 79-q to read as follows:
   §  79-Q.  COLLECTION OF GENDER OR SEX DESIGNATION INFORMATION BY STATE
 AGENCIES. 1. ALL NEW YORK STATE AGENCIES THAT COLLECT DEMOGRAPHIC INFOR-
 MATION ABOUT A PERSON'S GENDER OR SEX SHALL MAKE AVAILABLE TO THE PERSON
 AT THE POINT OF DATA COLLECTION AN OPTION TO MARK THEIR GENDER OR SEX AS
 "X".
   2. WHERE APPLICABLE FEDERAL LAW REQUIRES A STATE AGENCY TO COLLECT SEX
 OR GENDER DATA AS EITHER "M" OR "F", THE STATE  AGENCY  SHALL  CREATE  A
 SEPARATE  FIELD  FOR  STATE  PURPOSES SO THAT A PERSON HAS THE OPTION TO
 MARK THEIR GENDER OR SEX AS "X" TO BE COLLECTED BY THE STATE.
   3. ALL STATE AGENCIES  SHALL  UPDATE  ANY  APPLICABLE  FORMS  OR  DATA
 SYSTEMS  BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE, EXCEPT THE DEPART-
 MENT OF LABOR, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE
 SERVICES, WHICH SHALL UPDATE ANY APPLICABLE FORMS  OR  DATA  SYSTEMS  BY
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
   4.  A  STATE  AGENCY  THAT CANNOT COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION SHALL POST PUBLICLY ON ITS WEBSITE A WRITTEN REPORT OF THE STEPS
 THE AGENCY HAS TAKEN TO COMPLY WITH THIS SECTION AND THE TIME FRAME  FOR
 COMPLIANCE AT LEAST SIXTY DAYS BEFORE THE DATE REQUIRED BY THIS SECTION.
 S. 8008                            38                            A. 9008
 
 THE  WRITTEN  REPORT  SHALL BE UPDATED EVERY SIX MONTHS FROM THE DATE OF
 THE ORIGINAL POSTING.
   §  2. Subdivision 3 of section 62 of the civil rights law, as added by
 chapter 158 of the laws of 2021, is amended to read as follows:
   3. Except as provided in subdivisions one and two of this section, the
 court shall not require any other pre-hearing notice. [The  court  shall
 not  condition  the entry of an order on notice to any other party or to
 any city, state or federal agency except by written order detailing  the
 court's  reasoning  for requiring such notice and showing cause why such
 notice should be served.] Under no circumstances shall the court require
 notice to United States  immigration  and  customs  enforcement,  United
 States  customs  and  border  protection,  United States citizenship and
 immigration services, or any successor agencies, or any agencies  having
 similar duties.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section  1. Paragraph (o) of subdivision 1 of section 96 of the public
 officers law, as added by chapter 319 of the laws of 2014, is amended to
 read as follows:
   (o) to officers or employees of a public retirement system of the city
 of New York if the information sought to be disclosed is  necessary  for
 the  receiving  public  retirement  system to process benefits under the
 retirement and social security law, the administrative code of the  city
 of  New  York, or the education law or any other applicable provision of
 law. A written request or consent from  the  data  subject  pursuant  to
 paragraph  (a) of this subdivision shall not be required for the disclo-
 sure of records pursuant to this paragraph; OR
   (P) TO OFFICERS OR EMPLOYEES OF THE UNITED STATES DEPARTMENT OF EDUCA-
 TION FOR SUCH DEPARTMENT TO PROCESS CREDIT FOR QUALIFYING EMPLOYMENT AND
 LOAN FORGIVENESS UNDER THE PUBLIC SERVICE LOAN  FORGIVENESS  PROGRAM.  A
 WRITTEN  REQUEST  OR CONSENT FROM THE DATA SUBJECT PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION SHALL NOT BE  REQUIRED  FOR  THE  DISCLOSURE  OF
 RECORDS PURSUANT TO THIS PARAGRAPH.
   § 2. This act shall take effect immediately.
 
                                  PART T

   Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
 insurance law and the public health law relating to the New  York  state
 health  insurance  continuation  assistance  demonstration  project,  as
 amended by section 1 of part KK of chapter 57 of the laws  of  2021,  is
 amended to read as follows:
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  this  act  shall  remain  in
 effect  until  July 1, [2022] 2023 when upon such date the provisions of
 this act shall expire and be deemed repealed; provided, further, that  a
 displaced  worker shall be eligible for continuation assistance retroac-
 tive to July 1, 2004.
   § 2. This act shall take effect immediately.
 
                                  PART U
 S. 8008                            39                            A. 9008
 
   Section 1. Subparagraph 7 of paragraph b of subdivision 2  of  section
 970-r of the general municipal law, as amended by section 1 of part U of
 chapter 58 of the laws of 2018, is amended to read as follows:
   (7) preliminary descriptions of possible remediation strategies, reuse
 opportunities, necessary infrastructure improvements and other public or
 private measures needed to stimulate investment, promote revitalization,
 [and]  SUPPORT  JOB  GROWTH,  REDUCE  GREENHOUSE GAS EMISSIONS, INCREASE
 CLIMATE RESILIENCE, enhance community health  and  environmental  condi-
 tions, AND ACHIEVE ENVIRONMENTAL JUSTICE.
   §  2. Subparagraph 11 of paragraph d of subdivision 3 of section 970-r
 of the general municipal law, as amended by section 1 of part U of chap-
 ter 58 of the laws of 2018, is amended to read as follows:
   (11) descriptions of possible remediation strategies,  reuse  opportu-
 nities,  brownfield redevelopment, necessary infrastructure improvements
 and other public or private measures  needed  to  stimulate  investment,
 promote  revitalization, [and] SUPPORT JOB GROWTH, REDUCE GREENHOUSE GAS
 EMISSIONS, INCREASE CLIMATE RESILIENCE,  enhance  community  health  and
 environmental conditions, AND ACHIEVE ENVIRONMENTAL JUSTICE;
   §  3.  Paragraph  a of subdivision 3-a of section 970-r of the general
 municipal law, as added by section 1 of part U of chapter 58 of the laws
 of 2018, is amended to read as follows:
   a. Within amounts appropriated therefor, the secretary  is  authorized
 to  provide,  on  a  competitive  basis, financial assistance to munici-
 palities, to community based organizations, to community boards,  or  to
 community based organizations acting in cooperation with a municipality,
 to  conduct  predevelopment  activities  within  a designated brownfield
 opportunity area to advance the goals and priorities of  the  brownfield
 opportunity  area program set forth in the nomination of such area. Such
 financial assistance shall not exceed ninety percent  of  the  costs  of
 such  activities.  Activities  eligible to receive such assistance shall
 include: development and implementation of marketing strategies;  devel-
 opment  of  plans  and  specifications;  real  estate services; building
 condition  studies;  infrastructure  analyses;  zoning  and   regulatory
 updates;  environmental,  housing  and  economic  studies,  analyses and
 reports; RENEWABLE  ENERGY  FEASIBILITY  STUDIES,  LEGAL  AND  FINANCIAL
 SERVICES;   IMPACT  ANALYSES;  DEMOLITION;  SITE  PREPARATION;  ASBESTOS
 REMOVAL; and public outreach.
   § 4. Paragraphs c, d, f, g, and h of subdivision 6 of section 970-r of
 the general municipal law, as amended by section 1 of part U of  chapter
 58 of the laws of 2018, are amended to read as follows:
   c. Brownfield site assessment activities eligible for funding include,
 but  are  not  limited to, testing of properties to determine the nature
 and extent of the contamination (including soil and groundwater),  envi-
 ronmental assessments, the development of a proposed remediation strate-
 gy  to  address  any  identified contamination, and any other activities
 deemed appropriate by the [commissioner] SECRETARY OF STATE in consulta-
 tion with the  [secretary  of  state]  COMMISSIONER.  Any  environmental
 assessment shall be subject to the review and approval of such SECRETARY
 IN CONSULTATION WITH SUCH commissioner.
   d. Applications for such assistance shall be submitted to the [commis-
 sioner]  SECRETARY  in  a  format,  and  containing such information, as
 prescribed by the [commissioner]  SECRETARY  in  consultation  with  the
 [secretary of state] COMMISSIONER.
   f.  The  [commissioner]  SECRETARY, upon the receipt of an application
 for such assistance from a community based organization not  in  cooper-
 ation  with  the  local government having jurisdiction over the proposed
 S. 8008                            40                            A. 9008

 brownfield opportunity area, shall request the municipal  government  to
 review  and state the municipal government's support or lack of support.
 The municipal government's statement shall be considered a part  of  the
 application.
   g.  Prior to making an award for assistance, the [commissioner] SECRE-
 TARY shall notify the temporary president of the senate and the  speaker
 of the assembly.
   h.  Following  notification  to the applicant that assistance has been
 awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
 executed  between the department and the applicant or co-applicants. The
 [commissioner] SECRETARY OF STATE shall establish terms  and  conditions
 for  such contracts as the [commissioner] SECRETARY deems appropriate in
 consultation with  the  [secretary  of  state]  COMMISSIONER,  including
 provisions to define:  applicant's work scope, work schedule, and deliv-
 erables;  fiscal  reports  on budgeted and actual use of funds expended;
 and requirements for submission of a final fiscal report.  The  contract
 shall  also require the distribution of work products to the department,
 and, for community based organizations, to the applicant's municipality.
 Applicants shall be required to make  the  results  publicly  available.
 Such  contract  shall  further include a provision providing that if any
 responsible party payments become available to the applicant, the amount
 of such payments attributable to expenses paid by  the  award  shall  be
 paid to the department by the applicant; provided that the applicant may
 first apply such responsible party payments towards actual project costs
 incurred by the applicant.
   §  5.  Subdivision 8 of section 970-r of the general municipal law, as
 amended by section 1 of part U of chapter 58 of the  laws  of  2018,  is
 amended to read as follows:
   8.  [Applications] COMMUNITY PARTICIPATION REQUIREMENTS. a. All appli-
 cations FOR FINANCIAL ASSISTANCE for pre-nomination OR NOMINATION  study
 [assistance] or applications for designation of a brownfield opportunity
 area shall demonstrate that the following community participation activ-
 ities have been or will be performed by the applicant:
   (1)  identification  of  the  interested  public  and preparation of a
 contact list;
   (2) identification of major issues of public concern;
   (3) [public access to (i) the draft and final application for  pre-no-
 mination  assistance  and  brownfield  opportunity area designation, and
 (ii) any supporting documents in a manner convenient to the public;
   (4)] public notice and newspaper notice of (i) the intent of the muni-
 cipality and/or community based organization to undertake a  pre-nomina-
 tion [process] OR NOMINATION STUDY or [prepare] APPLY FOR DESIGNATION OF
 a  brownfield opportunity area [plan], and (ii) the availability of such
 application AND ANY SUPPORTING DOCUMENTS IN A MANNER CONVENIENT  TO  THE
 PUBLIC.
   b.  Application  for [nomination] DESIGNATION of a brownfield opportu-
 nity area shall provide the following  minimum  community  participation
 activities:
   (1)  a comment period of at least thirty days on a draft [application]
 NOMINATION;
   (2) a public meeting on  [a  brownfield  opportunity  area  draft]  AN
 application.
   § 6. Section 970-r of the general municipal law is amended by adding a
 new subdivision 11 to read as follows:
   11.  ALL  APPLICANTS FOR FINANCIAL ASSISTANCE AND PARTICIPATION IN ANY
 OTHER ACTIVITY AUTHORIZED UNDER  THIS  SECTION,  AS  DETERMINED  BY  THE
 S. 8008                            41                            A. 9008
 
 SECRETARY, MAY CONTRACT WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
 YORK IN USE OF SUCH FINANCIAL ASSISTANCE AND IN COMPLETION OF SUCH OTHER
 ACTIVITIES  THAT  THE  SECRETARY  DETERMINES  AND  REQUIRES  UNDER  THIS
 SECTION.  THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IS AUTHORIZED
 TO  PROVIDE  PLANNING,  DESIGN AND CONSTRUCTION SERVICES AND TO CONTRACT
 FOR AND RENDER ANY SUCH SERVICES THE SECRETARY DETERMINES  AND  REQUIRES
 TO SUCH APPLICANTS UNDER THIS SECTION.
   §  7.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
 authorities law is amended by adding a  new  undesignated  paragraph  to
 read as follows:
   APPLICANTS  FOR  FINANCIAL ASSISTANCE FOR PRE-NOMINATION OR NOMINATION
 STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
 OR SITE ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA  DESIGNATED  BY
 THE  SECRETARY  THAT  HAS  BEEN AWARDED PURSUANT TO SECTION NINE HUNDRED
 SEVENTY-R OF THE GENERAL MUNICIPAL LAW, AS DETERMINED BY  THE  SECRETARY
 AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
 GENERAL MUNICIPAL LAW.
   §  8.  Subdivision  1 of section 1680 of the public authorities law is
 amended by adding a new undesignated paragraph to read as follows:
   APPLICANTS FOR FINANCIAL ASSISTANCE FOR PRE-NOMINATION  OR  NOMINATION
 STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
 OR  SITE  ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY
 THE SECRETARY THAT HAS BEEN AWARDED PURSUANT  TO  SECTION  NINE  HUNDRED
 SEVENTY-R  OF  THE GENERAL MUNICIPAL LAW, AS DETERMINED BY THE SECRETARY
 AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
 GENERAL MUNICIPAL LAW.
   § 9. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Paragraph (a) of subdivision 5-b of section 16 of the agri-
 culture and markets law, as amended by chapter 530 of the laws of  2013,
 is amended to read as follows:
   (a)  [Establish]  ADMINISTER,  in cooperation with the commissioner of
 education, a  farm-to-school  program  to  facilitate  and  promote  the
 purchase  of  New  York farm products by schools, universities and other
 educational  institutions  [under  the  jurisdiction  of  the  education
 department] AND THE NATIONAL SCHOOL LUNCH ACT AND RELATED FOOD PROGRAMS.
 The  department  shall solicit information from the education department
 regarding school districts and other educational institutions interested
 in purchasing New York farm products, including but not limited to,  the
 type  and  amount of such products schools wish to purchase and the name
 of the appropriate contact person from the interested  school  district.
 The  department  shall make this information readily available to inter-
 ested New York farmers, farm organizations and  businesses  that  market
 New  York farm products. The department shall provide information to the
 education department and interested school districts  and  other  educa-
 tional  institutions  about  the availability of New York farm products,
 including but not limited to, the types and amount of products, and  the
 names  and  contact information of farmers, farm organizations and busi-
 nesses marketing such products. The commissioner  shall  report  to  the
 legislature  on  the need for changes in law to facilitate the purchases
 of such products by schools and educational institutions.
   The department shall also coordinate with  the  education  department,
 and  school  food  service,  education,  health and nutrition, farm, and
 other interested organizations in establishing a promotional  event,  to
 S. 8008                            42                            A. 9008
 
 be  known  as  New York Harvest For New York Kids Week, in early October
 each year, that will promote New York agriculture and foods to  children
 through  school  meal  programs and the classroom, at farms and farmers'
 markets and other locations in the community.
   §  2. Subdivision 32 of section 16 of the agriculture and markets law,
 as added by chapter 297 of the laws of  1961,  is  amended  to  read  as
 follows:
   32.  Receive  and  disburse federal moneys allotted to the state by or
 pursuant to the federal agricultural marketing act of  nineteen  hundred
 forty-six  as amended, or any other act of the congress making appropri-
 ation for the allocation among the states for research into  basic  laws
 and  principles relating to agriculture [and], to improve and facilitate
 the marketing and distribution of agricultural products,  [and]  OR  for
 any  other  purpose  relating  to  agriculture or marketing agricultural
 products; on behalf of the state, to adopt, execute and administer plans
 AND PROGRAMS and to put into effect such measures as  may  be  necessary
 for  SUCH  research [into basic laws and principles], PLANS, OR PROGRAMS
 relating to agriculture and to improve and facilitate the marketing  and
 distribution  of  agricultural products; on behalf of the state, to make
 and execute such contracts, agreements,  covenants  or  conditions,  not
 inconsistent  with  law,  as  may  be  necessary or required by any duly
 constituted agency of the federal government as a condition precedent to
 receiving such funds or in connection with such research;  to  cooperate
 with all federal, state or local authorities, or other agencies, author-
 ized  under  such acts of congress to carry out the purposes thereof; to
 adopt and from time to time to amend such rules and regulations  and  to
 prescribe  such  conditions, not inconsistent with law, as may be neces-
 sary to make available to the people of the state the benefits  afforded
 by  such  acts  of  congress;  and to enforce all the provisions of this
 subdivision and the rules adopted pursuant hereto.   The  department  of
 taxation and finance is designated as custodian of all federal-aid funds
 allotted to the state for the purposes of this subdivision by the United
 States  and such funds shall be payable only on the audit and warrant of
 the comptroller on  certificate  of  the  commissioner  as  provided  in
 section one hundred ten of the state finance law.
   § 3. Paragraph (v) of subdivision c of section 1 of chapter 537 of the
 laws  of  1976,  relating  to paid, free and reduced price breakfast for
 eligible pupils in certain school districts, as  separately  amended  by
 chapters 260 and 615 of the laws of 1993, is amended to read as follows:
   (v) Any school not offering a breakfast program on the dates specified
 in  this  section, which would be required under the provisions of para-
 graph (i), (ii), (iii) or (iv) of this  subdivision  to  implement  such
 program  in September of the same year, may apply to the commissioner of
 [education] AGRICULTURE AND MARKETS for an exemption from the provisions
 of this act.  Such an exemption shall not be granted by such commission-
 er unless a school demonstrates with good cause: (1) that  there  is  no
 need  for such breakfast program because of low enrollment or documented
 projections of low participation or (2) that economic hardship or  other
 good  cause  makes the establishment of such a program impractical. Such
 commissioner shall establish explicit good cause criteria in regulations
 pursuant to this act and annually review the basis for such  exemptions.
 Such  commissioner  may  also grant a waiver for up to one year from the
 provisions of this subdivision to allow adequate time for  planning  and
 implementation of a breakfast program
 S. 8008                            43                            A. 9008
 
   §  4.  Subdivisions d and e of section 1 of chapter 537 of the laws of
 1976, relating to paid, free and reduced price  breakfast  for  eligible
 pupils in certain school districts, are amended to read as follows:
   d.  In  accordance  with  subsections (c) and (d) of section seventeen
 hundred seventy-three of title forty-two of the United States  Code  and
 derivative  regulations, the commissioner of [education] AGRICULTURE AND
 MARKETS shall determine which participating school facilities are finan-
 cially unable to support the service of free and  reduced  price  break-
 fasts and therefore are considered "especially needy" school facilities.
 Such  school  facilities  subsequently shall be assigned the appropriate
 increased "especially needy" per meal reimbursement calculated  pursuant
 to  such code and regulations in support of the cost of free and reduced
 price breakfasts.
   e. In the provision of free and reduced price  meals  for  the  school
 breakfast  programs,  the [state commissioner of education] COMMISSIONER
 OF AGRICULTURE AND MARKETS shall prescribe maximum eligibility standards
 permissible under section nine of the  National  School  Lunch  Act  and
 section four of the Child Nutrition Act.
   §  5.  Section 3 of chapter 537 of the laws of 1976, relating to paid,
 free and reduced price breakfast for eligible pupils in  certain  school
 districts, is amended to read as follows:
   § 3. The [state commissioner of education] COMMISSIONER OF AGRICULTURE
 AND  MARKETS  hereby  is  directed  to request the bureau of school food
 management to provide any additional information  and  assistance  which
 may  be  required  by  the  schools  and school districts to aid them in
 developing and implementing the various school food programs.
   § 6. Subdivisions a, d and e of section 4 of chapter 537 of  the  laws
 of 1976, relating to paid, free and reduced price breakfast for eligible
 pupils  in  certain school districts, as added by section 2 of part B of
 chapter 56 of the laws of 2018, are amended to read as follows:
   a. All public elementary or  secondary  schools  in  this  state,  not
 including  a  charter  school  authorized by article 56 of the education
 law, with at least seventy percent or more of its students eligible  for
 free  or  reduced-price  meals  under  the federal National School Lunch
 Program as determined by the [State Education Department] DEPARTMENT  OF
 AGRICULTURE AND MARKETS based upon data submitted by schools through the
 basic educational data system (BEDS) AND PROVIDED BY THE STATE EDUCATION
 DEPARTMENT  TO  THE  DEPARTMENT OF AGRICULTURE AND MARKETS for the prior
 school year AND, shall be required to offer all students a school break-
 fast after the instructional day has begun.
   d. Any school identified pursuant to this section  may  apply  to  the
 commissioner  of  [education]  AGRICULTURE AND MARKETS for a waiver from
 establishing a school breakfast program after the instructional day  has
 begun.    Such  waiver may be granted by the commissioner of [education]
 AGRICULTURE AND MARKETS upon the school demonstrating:
   i. A lack of need for a school breakfast program  after  the  instruc-
 tional day has begun because of a successful existing breakfast program;
 or
   ii.  Providing  a school breakfast program after the instructional day
 has begun would cause economic hardship for the school.
   The commissioner of [education] AGRICULTURE AND MARKETS shall annually
 review the basis for waivers granted to schools.
   e. The [State Education  Department]  DEPARTMENT  OF  AGRICULTURE  AND
 MARKETS shall:
   i.  [on or before May 1, 2018] COMMENCING ON THE FIRST MAY 1 FOLLOWING
 THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER THE PROGRAMS HEREIN,
 S. 8008                            44                            A. 9008

 and on or before May 1 of each year  thereafter  preceding  each  school
 year,  publish on its website a list of the public schools that meet the
 requirements for operating such programs, and  provide  notification  to
 such schools;
   ii.  develop  and distribute guidelines for the implementation of such
 programs, which shall be in the compliance with all  applicable  federal
 and state laws governing the School Breakfast Program;
   iii.  provide  technical  assistance relating to the implementation of
 such program and submission of claims for reimbursement under the School
 Breakfast Program; and
   iv.   [annually publish by December  2019]  COMMENCING  ON  THE  FIRST
 DECEMBER 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER
 THE PROGRAMS HEREIN, and each December thereafter, on its website infor-
 mation  relating  to each school subject to this requirement, as well as
 any other schools operating such program which are not subject  to  this
 requirement,  in  the prior school year. Such information shall include,
 but not be limited to: the school name, service delivery  models  imple-
 mented, student enrollment, the free and reduced-price lunch percentage,
 the average daily breakfast participation rate.
   §  7.  Subdivisions a, b and c of section 5 of chapter 537 of the laws
 of 1976, relating to paid, free and reduced price breakfast for eligible
 pupils in certain school districts, as added by section 2 of part  B  of
 chapter 56 of the laws of 2018, are amended to read as follows:
   a.  Notwithstanding  any  monetary  limitations with respect to school
 lunch programs contained in any law  or  regulation,  for  school  lunch
 meals  served  in  the  school year commencing [July 1, 2019 and] ON THE
 FIRST JULY 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINIS-
 TER THE PROGRAMS HEREIN AND  each  July  1  thereafter,  a  school  food
 authority  shall  be  eligible for a lunch meal State subsidy of twenty-
 five cents, which shall include any annual  State  subsidy  received  by
 such  school  food authority under any other provision of State law, for
 any school lunch meal served by such  school  food  authority;  provided
 that the school food authority certifies to the [State Education Depart-
 ment]  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS through the application
 submitted pursuant to subdivision b  of  this  section  that  such  food
 authority  has  purchased  at  least thirty percent of its total cost of
 food products for its school lunch service program from New  York  state
 farmers, growers, producers or processors in the preceding school year.
   b.  The  [State Education Department, in cooperation with the] Depart-
 ment of Agriculture and Markets[,]  shall  develop  an  application  for
 school  food authorities to seek an additional State subsidy pursuant to
 this section in a timeline and format prescribed by [the commissioner of
 education] SUCH DEPARTMENT. Such application shall include, but  not  be
 limited  to,  documentation  demonstrating  the  school food authority's
 total food purchases for its school lunch service program, and  documen-
 tation  demonstrating  its total food purchases and percentages for such
 program from New York State farmers, growers, producers or processors in
 the preceding school year. The application shall also include an  attes-
 tation  from the school food authority's chief operating officer that it
 purchased at least thirty percent of its total cost of food products for
 its school lunch service program from New York State  farmers,  growers,
 producers  or  processors  in the preceding school year in order to meet
 the requirements for this additional State subsidy. School food authori-
 ties shall be required to annually apply for this subsidy.
   c. [The State Education Department] COMMENCING ON THE FIRST  SEPTEMBER
 1  FOLLOWING  THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS' RECEIPT OF
 S. 8008                            45                            A. 9008
 
 AUTHORITY TO ADMINISTER THE  PROGRAMS  HEREIN  AND  ON  OR  BEFORE  EACH
 SEPTEMBER  1  THEREAFTER, THE DEPARTMENT shall annually publish informa-
 tion on its website [commencing on September 1, 2019 and each  September
 1  thereafter,]  relating to each school food authority that applied for
 and received this additional State subsidy, including  but  not  limited
 to:  the  school  food authority name, student enrollment, average daily
 lunch participation, total food  costs  for  its  school  lunch  service
 program,  total  cost  of  food  products  for  its school lunch service
 program purchased from New York State  farmers,  growers,  producers  or
 processors, and the percent of total food costs that were purchased from
 New  York State farmers, growers, producers or processors for its school
 lunch service program.
   § 8. 1. Transfer  of  functions.  All  of  the  functions  and  powers
 possessed  by  and the obligations and duties of the State Department of
 Education in connection with the administration of the  National  School
 Lunch Program and related programs are hereby transferred to the Depart-
 ment of Agriculture and Markets.
   2.  Transfer of employees. (a) Upon the transfer of functions, powers,
 duties and obligations of the  State  Department  of  Education's  Child
 Nutrition  Program  Administration relating to the National School Lunch
 Program and related  programs  to  the  Department  of  Agriculture  and
 Markets  pursuant  to  this  section,  provisions  shall be made for the
 transfer to the Department of Agriculture and Markets such employees  of
 the  State  Education  Department  who  are substantially engaged in the
 performance of the functions herein. Employees so transferred  shall  be
 transferred  without  further  examination  or  qualification  and shall
 retain their respective civil service classifications  and  status.  For
 the  purpose of determining the employees holding permanent appointments
 in competitive class positions to be transferred, such  employees  shall
 be  selected  within  each  class  of  positions  in  the order of their
 original appointment, with due regard to  the  right  of  preference  in
 retention  of disabled and non-disabled veterans. Any such employee who,
 at the time of such transfer, has a temporary or provisional appointment
 shall be transferred subject to the same right of  removal,  examination
 or  termination  as  though  such  transfer had not been made. Employees
 holding permanent appointments in competitive class  positions  who  are
 not  transferred pursuant to this section shall have their names entered
 upon an appropriate preferred list for  reinstatement  pursuant  to  the
 civil service law.
   (b)  A  transferred  employee  shall  remain  in  the  same collective
 bargaining unit as was the case prior to his or her transfer;  successor
 employees  to  the  positions  held by such transferred employees shall,
 consistent with the provisions of article fourteen of the civil  service
 law, be included in the same unit as their predecessors. Employees other
 than  management  or confidential persons as defined in article fourteen
 of the civil service law serving positions in newly created titles shall
 be assigned to the appropriate bargaining  unit.  Nothing  contained  in
 this section shall be construed to affect:
   (i) the rights of employees pursuant to a collective bargaining agree-
 ment;
   (ii)  the  representational relationships among employee organizations
 or the bargaining relationships between the state and an employee organ-
 ization; or
   (iii) existing law with  respect  to  an  application  to  the  public
 employment  relations  board; provided, however, that the merger of such
 negotiating units of employees shall be effected only with  the  consent
 S. 8008                            46                            A. 9008
 
 of  the recognized and certified representative of such units and of the
 department of law.
   § 9. This act shall take effect on the one hundred eightieth day after
 the  Department  of  Agriculture  and  Markets is notified by the United
 States Department of Agriculture of the approval of the authority of the
 Department of Agriculture and Markets to administer the National  School
 Lunch Program, provided that the commissioner of the Department of Agri-
 culture  and  Markets shall notify the legislative bill drafting commis-
 sion upon receipt of approval from the United States Department of Agri-
 culture of the authority of the Department of Agriculture and Markets to
 administer the National School Lunch Program in order that  the  commis-
 sion may maintain an accurate and timely effective database of the offi-
 cial  text  of laws of the state of New York in furtherance of effecting
 the provisions of section 44 of the legislative law and section 70-b  of
 the public officers law.
 
                                  PART W
 
   Section  1.  Subdivisions 3, 5, 8 and 11 of section 400 of the general
 business law, subdivisions 3 and 8 as added by chapter 509 of  the  laws
 of  1992,  subdivision  5 as amended by chapter 343 of the laws of 1998,
 and subdivision 11 as added by chapter 80  of  the  laws  of  2015,  are
 amended to read as follows:
   3.  "Licensee"  means  a  person  licensed pursuant to this article to
 engage in the practice of [natural hair styling] WAXING, esthetics, nail
 specialty or cosmetology, or to operate an appearance enhancement  busi-
 ness  in  which  such  practice,  as  herein defined, is provided to the
 public, OR TO PROVIDE THE SERVICES  OF  A  SALON  ASSISTANT,  AS  HEREIN
 DEFINED.
   5.  The [practice] SERVICES of ["natural hair styling"] "SALON ASSIST-
 ANT" means providing for a fee, or any consideration or exchange, wheth-
 er direct or indirect, any of the following services to the  hair  of  a
 human being: shampooing, arranging, dressing, [twisting, wrapping, weav-
 ing,  extending, locking or braiding] OR BLOW DRYING the hair [or beard]
 by either hand or mechanical appliances, INCLUDING BUT NOT  LIMITED  TO,
 CURLING IRONS AND MECHANICAL HAIR STRAIGHTENERS. Such practice shall not
 include  TWISTING,  WRAPPING,  WEAVING,  EXTENDING,  LOCKING,  BRAIDING,
 cutting, shaving or  trimming  hair  except  that  such  activities  are
 permissible  to  the  extent  that such activities are incidental to the
 [practice] SERVICES of [natural hair styling] A  SALON  ASSISTANT.  Such
 [practice]  SERVICES shall not include the application of dyes, reactive
 chemicals, or other preparations to alter the color  or  to  straighten,
 curl, or alter the structure of the hair. [Techniques] NOTHING CONTAINED
 IN  THIS  SUBDIVISION  SHALL BE DEEMED TO REQUIRE A LICENSE FOR SERVICES
 which result in tension on hair roots such as certain types of braiding,
 weaving, wrapping, AND locking [and extending of the hair  may  only  be
 performed  by  a  natural  hair  styling or cosmetology licensee who has
 successfully completed an approved course of study in such  techniques],
 OR INCIDENTAL SERVICES ATTENDED THERETO.
   8.  "Appearance  enhancement business" means the business of providing
 any or all of the services licensed pursuant to this article at a  fixed
 location.  IN ADDITION, ANY BUSINESS WHICH OFFERS, DEMANDS, COLLECTS, OR
 RECEIVES  A  FEE,  OR  ANY  CONSIDERATION OR EXCHANGE, WHETHER DIRECT OR
 INDIRECT, FOR ANY OF THE FOLLOWING SERVICES  TO  THE  HAIR  OF  A  HUMAN
 BEING:  SHAMPOOING,  ARRANGING,  DRESSING,  TWISTING, WRAPPING, WEAVING,
 EXTENDING, LOCKING OR BRAIDING THE HAIR  OR  BEARD  BY  EITHER  HAND  OR
 S. 8008                            47                            A. 9008
 
 MECHANICAL  APPLIANCES SHALL ALSO BE REQUIRED TO OBTAIN A LICENSE PURSU-
 ANT TO THIS ARTICLE.
   11.  "Trainee" means a person pursuing in good faith a course of study
 [in the practice of nail specialty]  TO  BECOME  A  LICENSEE  under  the
 tutelage, supervision and direction of a licensed [nail] practitioner OF
 THE SAME LICENSE TYPE, AS HEREIN DEFINED. Such trainee shall be employed
 by a licensed appearance enhancement business.
   §  2. Subdivisions 1 and 3 of section 401 of the general business law,
 subdivision 1 as amended by chapter 80 of the laws of 2015, and subdivi-
 sion 3 as amended by chapter 341 of the laws of  1998,  are  amended  to
 read as follows:
   1.  No  person shall engage in the practice of nail specialty, waxing,
 [natural hair styling,] esthetics or cosmetology, as defined in  section
 four  hundred  of this article, OR OFFER THE SERVICES OF A SALON ASSIST-
 ANT, AS DEFINED IN SECTION FOUR HUNDRED OF THIS ARTICLE, without  having
 received  a  license to engage in such practice in the manner prescribed
 in this article. No person shall act as a trainee or perform any service
 as such unless he or she has  obtained  a  certificate  of  registration
 pursuant to this article.
   3.  A  person  licensed by any other state or country to practice nail
 specialty, waxing, [natural hair styling,] esthetics or cosmetology,  OR
 WHO  IS  LICENSED  TO  OFFER THE SERVICES OF A SALON ASSISTANT, shall be
 allowed to practice in New York state for three months  or  less  within
 any  calendar  year  for  the  purpose  of giving to, or receiving from,
 persons who are licensed under this article training in current  styles,
 techniques  or  materials,  provided  however,  that  no such unlicensed
 person may provide services to the public for any fee, or other  compen-
 sation, whether direct or indirect.
   §  3.  Subdivision  1  of  section 403 of the general business law, as
 amended by chapter 339 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  There  shall  be  established  within  the  department an advisory
 committee which shall consist of nine members broadly representative  of
 the appearance enhancement industry; including one person engaged in the
 practice  of  either  nail  specialty or waxing; [two persons engaged in
 natural hair styling; one of whom shall be knowledgeable in the practice
 of styling techniques which place tension on the hair roots, and one  of
 whom  shall  ensure strict adherence to quality services for all clients
 of all hair types, including, but not limited  to,  curl  pattern,  hair
 strand  thickness, and volume of hair;] one person engaged in esthetics;
 [two] FOUR persons engaged in cosmetology; two persons engaged in train-
 ing of persons for such practices and one person licensed as a dermatol-
 ogist. The secretary shall appoint such persons to serve on the advisory
 committee, provided, that two shall be appointed by the secretary on the
 recommendation of the temporary president of the senate and two shall be
 appointed by the secretary on the recommendation of the speaker  of  the
 assembly.  Each  member of the committee shall be appointed for terms of
 two years. Any member may  be  reappointed  for  additional  terms.  The
 secretary  shall  designate  from  among  the members of the committee a
 chairperson who shall serve at the pleasure of the secretary.
   § 4. Section 404 of the general business law, as amended by chapter 80
 of the laws of 2015, is amended to read as follows:
   § 404. Rules and regulations. The secretary shall promulgate rules and
 regulations which establish standards  for  practice  and  operation  by
 licensees and trainees under this article in order to ensure the health,
 safety  and  welfare of the public including licensees and trainees when
 S. 8008                            48                            A. 9008
 
 they are working within such establishments. Such rules and  regulations
 shall include, but not be limited to, the sanitary conditions and proce-
 dures  required  to be maintained, a minimum standard of training appro-
 priate  to  the  duties  of nail specialists, trainees, waxers, [natural
 hair stylists] SALON ASSISTANTS, estheticians,  and  cosmetologists  and
 the provision of service by nail specialists, trainees, waxers, [natural
 hair  stylists]  SALON  ASSISTANTS,  estheticians  or  cosmetologists at
 remote locations other than the licensee's home provided that such prac-
 titioner holds an appearance enhancement business license to operate  at
 a  fixed location or is employed by the holder of an appearance enhance-
 ment business  license.    Regulations  setting  forth  the  educational
 requirements  for  nail specialists and trainees shall include education
 in the area of causes of infection  and  bacteriology.  In  promulgating
 such  rules  and  regulations the secretary shall consult with the state
 education department, the advisory  committee  established  pursuant  to
 this  article,  any  other state agencies and private industry represen-
 tatives as may be appropriate in determining minimum  training  require-
 ments.
   §  5. Paragraphs a and f of subdivision 1, subdivision 2 and paragraph
 b of subdivision 4 of section 406 of the general business law, paragraph
 a of subdivision 1, subdivision 2 and paragraph b of  subdivision  4  as
 amended by chapter 341 of the laws of 1998, paragraph f of subdivision 1
 as  added by chapter 80 of the laws of 2015, and paragraph c of subdivi-
 sion 2 as amended by section 3 of part D of chapter 328 of the  laws  of
 2014, are amended to read as follows:
   a.  Any  person intending to practice nail specialty, waxing, [natural
 hair styling,] esthetics or cosmetology as defined in this  article,  or
 to  own  or  operate  an  appearance  enhancement  business, OR TO OFFER
 SERVICES AS A SALON ASSISTANT OR TO PRACTICE AS A TRAINEE,  shall  first
 make application to the secretary for a license therefor.
   f.  Notwithstanding  the  educational  requirements of this section, a
 trainee may [obtain a license to  practice  nail  specialty]  SUBMIT  AN
 APPLICATION  TO  BECOME A LICENSEE if such trainee provides satisfactory
 evidence to the secretary that such trainee has been actively engaged in
 a traineeship for a period of one year and has  completed  a  course  of
 study  set forth by the secretary. Such course of study may be delivered
 by electronic means.
   2. a. Any person seventeen years of age or  older  may  apply  to  the
 secretary  for  a  license  to practice nail specialty, waxing, [natural
 hair styling,] esthetics or cosmetology, OR TO OFFER SERVICES AS A SALON
 ASSISTANT, OR TO PRACTICE AS A TRAINEE.
   b. Each such application shall also  be  accompanied  by  satisfactory
 evidence of having taken and passed the appropriate examination or exam-
 inations  offered  by  the  secretary  pursuant  to this article for the
 license sought and evidence of the successful completion of an  approved
 course  of study in nail specialty, waxing, [natural hair styling] SALON
 ASSISTANT SERVICES, esthetics or cosmetology in a school  duly  licensed
 pursuant to the education law.
   c.  Any  applicant  for  a license to practice nail specialty, waxing,
 [natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
 or cosmetology may submit satisfactory evidence of licensure to practice
 an equivalent occupation issued by any other state,  territory,  protec-
 torate  or  dependency of the United States or any other country in lieu
 of the evidence of schooling and examination required by  this  subdivi-
 sion,  provided  that such license was granted in compliance with stand-
 ards which were, in the judgment of the secretary, not lower than  those
 S. 8008                            49                            A. 9008
 
 of  this  state  and  provided that such state, territory, protectorate,
 dependency, or country extends similar reciprocity to the  licensees  of
 this  state, or the applicant practiced an equivalent occupation in such
 state,  territory,  protectorate, dependency or country for a minimum of
 five years, or the applicant is a member of the household of a member of
 the armed forces of the United States, national guard  or  reserves  and
 was  a  member  of  such  household  before such member relocated to the
 state.
   d. Notwithstanding the educational requirements of  this  section  and
 the testing requirements of this section, an applicant who otherwise has
 met  the  licensing  requirements of this article for a nail specialist,
 waxer, [natural hair stylist,] esthetician or  cosmetologist  who  shall
 provide  satisfactory  evidence  he or she has been actively and contin-
 uously engaged in the practice of nail specialty, waxing, [natural  hair
 styling,]  esthetics  or  cosmetology for at least one year prior to the
 effective date of this  article,  may  be  issued  a  license  for  nail
 specialty,  waxing,  [natural  hair  styling,]  esthetics or cosmetology
 pursuant to this article. Notwithstanding the  educational  and  testing
 requirements  of  this  section, a person licensed to practice barbering
 under article twenty-eight of this chapter who  otherwise  has  met  the
 licensing requirements of this article may be issued a license to [prac-
 tice  natural hairstyling] PROVIDE SALON ASSISTANT SERVICES.  Other than
 applicants licensed under article twenty-eight of  this  chapter,  those
 persons who apply after a twelve month period from the effective date of
 this  article  will  be  required to provide evidence of training and to
 take the examination or examinations  as  required  for  other  licenses
 pursuant to this article.
   e.  Upon  acceptance  by  the secretary of a proper application for an
 operator's license to  practice  nail  [speciality]  SPECIALTY,  waxing,
 [natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
 or  cosmetology,  the secretary may issue a temporary operator's license
 which shall expire six months from issuance. Upon good cause shown,  the
 secretary  may  renew  a temporary operator's license for one additional
 six-month period upon filing the appropriate application and fee.
   b. In the case of persons who are called to  active  military  service
 and  will  be discharged from active military service, the period of two
 years specified in paragraph d of subdivision two of this  section  need
 not  be  continuous.  The  length of time such person was engaged in the
 practice of nail specialty, waxing, [natural hair styling,] esthetics or
 cosmetology, OR TO PROVIDE SALON  ASSISTANT  SERVICES,  before  entering
 active  military service may be added to any period of time during which
 such person was or is engaged in the practice of nail specialty, waxing,
 [natural hair styling,] esthetics or cosmetology after  the  termination
 of active military service.
   §  6.  Subdivision  1  of  section 407 of the general business law, as
 amended by section 1 of chapter 255 of the laws of 1999, is  amended  to
 read as follows:
   1.  The  examinations  for the license to practice [natural hair styl-
 ing,] esthetics, nail specialty and cosmetology shall be  practical  and
 written.  The  examinations  for the license to practice waxing shall be
 limited to a written examination only. THE EXAMINATIONS TO PROVIDE SALON
 ASSISTANT SERVICES SHALL BE LIMITED TO A PRACTICAL EXAMINATION ONLY. The
 secretary shall determine reasonable standards of performance  for  each
 license  and shall evaluate the prospective applicants and applicants on
 the basis of such standards. The objectives of the examinations shall be
 to insure that prospective applicants  and  applicants  have  sufficient
 S. 8008                            50                            A. 9008
 
 basic  skills  to  safeguard  the health and safety of the public and to
 insure that prospective applicants and applicants have attained adequate
 levels of skill to competently engage in the  activities  authorized  by
 the license.
   §  7.  Subdivision  1  of  section 409 of the general business law, as
 amended by section 2 of part Y of chapter 60 of the  laws  of  2011,  is
 amended to read as follows:
   1.  The  non-refundable fee for an application for a license to engage
 in the practice of  nail  specialty,  waxing,  [natural  hair  styling,]
 esthetics  or cosmetology, shall be forty dollars initially and for each
 renewal thereof the fee shall be forty dollars; the fee for a  temporary
 license and each renewal shall be ten dollars.
   §  8. Paragraph a of subdivision 2 of section 410 of the general busi-
 ness law, as amended by  chapter 80 of the laws of 2015, is  amended  to
 read as follows:
   a.  The  secretary  may  issue an order directing the cessation of any
 activity related to nail  specialty,  waxing,  [natural  hair  styling,]
 esthetics  or  cosmetology, OR TO SERVICES RELATING TO SALON ASSISTANTS,
 for which a license is required by this  article  upon  a  determination
 that a person, partnership, limited liability company or business corpo-
 ration,  engaging  in the business or occupation of, or holding himself,
 herself or itself out as or acted, temporarily or otherwise, as  a  nail
 specialist,  [natural  hair  stylist]  SALON  ASSISTANT,  esthetician or
 cosmetologist within this state without a valid license being in effect.
 The secretary shall, before making such determination and order,  afford
 such  person,  partnership, limited liability company or business corpo-
 ration an opportunity to be heard in person or by counsel  in  reference
 thereto  in  an  adjudicatory  proceeding  held pursuant to section four
 hundred eleven of this article as applicable.
   § 9. Subdivision 1 of section 412 of  the  general  business  law,  as
 amended  by  chapter  80  of  the  laws  of  2015, is amended to read as
 follows:
   1. The practice of nail specialty,  waxing,  [natural  hair  styling,]
 esthetics or cosmetology, OR PROVIDING SALON ASSISTANT SERVICES, without
 a license or while under suspension or revocation, or in violation of an
 order  directing  the  cessation  of  unlicensed  activity issued by the
 secretary pursuant to section four hundred ten or four hundred eleven of
 this article, is a violation and is subject to a civil penalty of up  to
 five hundred dollars for the first violation; one thousand dollars for a
 second such violation; and two thousand five hundred dollars for a third
 violation and any subsequent violation.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately,  the  addition,
 amendment  and/or  repeal  of any rule or regulation by the secretary of
 state necessary for the implementation of this act on its effective date
 are authorized to be made and completed  on  or  before  such  effective
 date.
 
                                  PART X
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 any  person  who  is  licensed  or certified as a physician, physician's
 assistant, massage therapist, physical therapist, chiropractor, dentist,
 optometrist, nurse, nurse practitioner,  emergency  medical  technician,
 podiatrist  or  athletic  trainer  by  a  foreign government may provide
 professional services within this state  without  first  being  licensed
 S. 8008                            51                            A. 9008
 
 pursuant  to the provisions of title 8 of the education law or certified
 pursuant to the provisions in the public health law, as may be  applica-
 ble,  to  the  team athletes, coaches, staff and delegations originating
 from  such  foreign  government,  in  connection  with  the Winter World
 University Games, Lake Placid 2023. Such services shall  be  limited  to
 athletes and personnel in relation to the Winter World University Games,
 Lake  Placid  2023, between the dates of January 5, 2023 and January 25,
 2023.
   § 2. Any person who is licensed or certified to practice as  a  physi-
 cian,  physician's  assistant,  massage  therapist,  physical therapist,
 chiropractor, dentist, optometrist, nurse, nurse practitioner, emergency
 medical technician, podiatrist or athletic trainer in another  state  or
 territory,  who  is in good standing in such state or territory, and who
 has been appointed by the Adirondack North  Country  Sports  Council  to
 provide  professional  services  at an event in this state sanctioned by
 the Adirondack North Country Sports Council, may  provide  such  profes-
 sional  services  to  team athletes, coaches, staff and delegations from
 such state or territory registered to train at a location in this  state
 or registered to compete in an event conducted under the sanction of the
 Adirondack  North  Country  Sports  Council  in this state without first
 being licensed pursuant to the provisions of title 8  of  the  education
 law or certified pursuant to the provisions of the public health law, as
 may  be  applicable.  Such  services  shall be limited to team athletes,
 coaches, staff and delegations in relation to the Winter World Universi-
 ty Games, Lake Placid 2023, between the dates of  January  5,  2023  and
 January 25, 2023.
   §  3.  This act shall take effect January 5, 2023 and shall expire and
 be deemed repealed January 25, 2023.
 
                                  PART Y

   Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
 New York state urban development corporation act, relating to the powers
 of  the  New  York state urban development corporation to make loans, as
 amended by section 1 of part J of chapter 58 of the  laws  of  2021,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2022]  2025,  at  which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban  development  corporation  act shall be deemed repealed; provided,
 however, that neither the expiration nor the repeal of such  subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any  loan  made  pursuant  to the authority of such subdivision prior to
 such expiration and repeal.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART Z
 
   Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
 of the laws of 1968 constituting the New York  state  urban  development
 corporation  act, as amended by section 1 of part K of chapter 58 of the
 laws of 2021, is amended to read as follows:
   3. The provisions of this section shall  expire,  notwithstanding  any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2022] 2025.
 S. 8008                            52                            A. 9008
 
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART AA
 
   Section  1.  Section  17  of  part F of chapter 60 of the laws of 2015
 constituting the infrastructure investment act, as amended by section  7
 of  part  DD  of  chapter  58 of the laws of 2020, is amended to read as
 follows:
   § 17. This act shall take effect immediately and shall expire  and  be
 deemed  repealed  December 31, [2022] 2027, provided that, projects with
 requests for qualifications issued prior to such repeal shall be permit-
 ted to continue under this act notwithstanding such repeal.
   § 2. Section 14 of chapter 749 of the laws of  2019  authorizing,  for
 certain  public  works  undertaken pursuant to project labor agreements,
 use of the alternative delivery method known as design-build  contracts,
 is amended to read as follows:
   §  14.  This act shall take effect immediately and shall expire and be
 deemed repealed [three] EIGHT years  after  such  date,  provided  that,
 public  works  with  requests  for  qualifications  issued prior to such
 repeal shall be permitted to continue  under  this  act  notwithstanding
 such repeal.
   § 3. This act shall take effect immediately.
 
                                  PART BB
 
   Section  1.  Subparagraph  6  of  paragraph  (g)  of subdivision 11 of
 section 213 of the state finance law, as added by section 1 of  part  HH
 of chapter 59 of the laws of 2013, is amended and a new paragraph (h) is
 added to read as follows:
   (6) small scale systems integration and packaging[.]; OR
   (H) A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.
   §  2.  Paragraph  (e)  of  subdivision  12 of section 213 of the state
 finance law, as added by chapter 705 of the laws of 1993, is amended and
 a new paragraph (f) is added to read as follows:
   (e) for certified minority-and  women-owned  businesses,  projects  to
 provide  financing necessary to carry out a procurement contract with an
 agency or authority or other entity of  the  state  or  federal  govern-
 ment[.]; OR
   (F)  PROJECTS  IN  WHICH  COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
 MAKE LOANS.
   § 3. Section 213 of the state finance law is amended by adding  a  new
 subdivision 25 to read as follows:
   25.  "COMMUNITY  DEVELOPMENT FINANCIAL INSTITUTION" MEANS AN ORGANIZA-
 TION AS DEFINED IN 12 U.S.C. 4702(5)(A).
   § 4. This act shall take effect immediately.

                                  PART CC
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  New  York  state  urban  development corporation act, is amended by
 adding a new section 16-gg to read as follows:
   § 16-GG. SMALL BUSINESS SEED FUNDING GRANT PROGRAM.   1.  DEFINITIONS.
 AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
 S. 8008                            53                            A. 9008
 
   (A)"SMALL BUSINESS" SHALL MEAN A BUSINESS WHICH IS  RESIDENT  IN  THIS
 STATE,  INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND
 EMPLOYS ONE HUNDRED OR LESS PERSONS, WAS STARTED ON  MARCH  1,  2019  OR
 LATER  AND  HAS  BEEN  OPERATIONAL  FOR A MINIMUM OF SIX MONTHS PRIOR TO
 APPLICATION.
   (B)"MICRO-BUSINESS"  SHALL MEAN A BUSINESS WHICH IS A RESIDENT IN THIS
 STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD,  AND
 EMPLOYS TEN OR LESS PERSONS.
   (C)"THE  PROGRAM"  SHALL  MEAN  THE  SMALL BUSINESS SEED FUNDING GRANT
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (D)"APPLICANT" SHALL MEAN A SMALL BUSINESS OR  FOR-PROFIT  INDEPENDENT
 ARTS  AND  CULTURAL  ORGANIZATION  SUBMITTING AN APPLICATION FOR A GRANT
 AWARD TO THE PROGRAM.
   2. SMALL BUSINESS SEED FUNDING GRANT PROGRAM  ESTABLISHED.  THE  SMALL
 BUSINESS SEED FUNDING GRANT PROGRAM IS HEREBY CREATED TO PROVIDE ASSIST-
 ANCE TO EARLY-STAGE SMALL BUSINESSES TO SUCCEED IN A RECOVERING NEW YORK
 STATE ECONOMY.
   3.  AUTHORIZATION.  THE CORPORATION IS HEREBY AUTHORIZED, USING AVAIL-
 ABLE FUNDS,  TO  ISSUE  GRANTS  AND  PROVIDE  TECHNICAL  ASSISTANCE  AND
 OUTREACH  TO  SMALL BUSINESSES AND TECHNICAL ASSISTANCE PARTNERS FOR THE
 PURPOSE OF AIDING THE RECOVERY OF THE NEW YORK STATE  ECONOMY,  AND  MAY
 PROMULGATE GUIDELINES TO EFFECTUATE THE PURPOSES HEREIN.
   4.  SELECTION  CRITERIA  AND  APPLICATION  PROCESS. (A) IN ORDER TO BE
 ELIGIBLE FOR A GRANT OR ADDITIONAL FORM OF SUPPORT UNDER THE PROGRAM, AN
 ELIGIBLE SMALL BUSINESS SHALL:
   (I) BE INCORPORATED IN NEW YORK STATE OR LICENSED OR REGISTERED TO  DO
 BUSINESS  IN  NEW  YORK  STATE  AND MUST BE RESIDENT IN THE STATE OF NEW
 YORK;
   (II) BE A CURRENTLY VIABLE SMALL BUSINESS  THAT  STARTED  BUSINESS  ON
 MARCH  1, 2019 OR LATER AND HAS BEEN OPERATIONAL FOR AT LEAST SIX MONTHS
 BEFORE APPLICATION;
   (III) HAVE BETWEEN FIVE THOUSAND AND  ONE  MILLION  DOLLARS  IN  GROSS
 RECEIPTS  OR  BE  ABLE  TO  DEMONSTRATE TEN THOUSAND DOLLARS IN BUSINESS
 EXPENSES;
   (IV) BE IN SUBSTANTIAL COMPLIANCE WITH APPLICABLE FEDERAL,  STATE  AND
 LOCAL LAWS, REGULATIONS, CODES AND REQUIREMENTS; AND
   (V)  NOT  OWE  ANY  FEDERAL, STATE OR LOCAL TAXES, OR HAVE AN APPROVED
 REPAYMENT, DEFERRAL PLAN, OR AGREEMENT WITH APPROPRIATE FEDERAL,  STATE,
 AND LOCAL TAXING AUTHORITIES.
   (B)  GRANTS  AWARDED  FROM THIS PROGRAM SHALL BE AVAILABLE TO ELIGIBLE
 MICRO-BUSINESSES AND SMALL BUSINESSES THAT DO NOT QUALIFY  FOR  BUSINESS
 ASSISTANCE  GRANT PROGRAMS UNDER THE FEDERAL AMERICAN RESCUE PLAN ACT OF
 2021 OR ANY OTHER AVAILABLE FEDERAL COVID-19 ECONOMIC RECOVERY OR  BUSI-
 NESS  ASSISTANCE  GRANT  PROGRAMS,  INCLUDING  LOANS  FORGIVEN UNDER THE
 FEDERAL PAYCHECK PROTECTION PROGRAM, OR ARE UNABLE TO OBTAIN  SUFFICIENT
 BUSINESS  ASSISTANCE  FROM SUCH FEDERAL PROGRAMS, WITH PRIORITY GIVEN TO
 SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS OWNERS  INCLUDING,  BUT
 NOT  LIMITED TO, MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, SERVICE-
 DISABLED VETERAN-OWNED  BUSINESSES,  AND  VETERAN-OWNED  BUSINESSES,  OR
 BUSINESSES  LOCATED  IN  COMMUNITIES  THAT  WERE ECONOMICALLY DISTRESSED
 PRIOR TO MARCH 1, 2020, AS DETERMINED BY THE MOST RECENT CENSUS DATA.
   5. ELIGIBLE COSTS. (A) ELIGIBLE COSTS CONSIDERED FOR  MICRO-BUSINESSES
 AND  SMALL BUSINESSES UNDER THIS PROGRAM MUST HAVE BEEN INCURRED BETWEEN
 MARCH 1, 2019 AND JANUARY 1, 2022.
   (B) (I) THE FOLLOWING COSTS INCURRED BY  A  MICRO-BUSINESS  AND  SMALL
 BUSINESSES, SHALL BE CONSIDERED ELIGIBLE UNDER THE PROGRAM AT A MINIMUM:
 S. 8008                            54                            A. 9008
 
 PAYROLL COSTS; COSTS OF RENT OR MORTGAGE AS PROVIDED FOR IN SUBPARAGRAPH
 (II)  OF  THIS PARAGRAPH; COSTS OF REPAYMENT OF LOCAL PROPERTY OR SCHOOL
 TAXES ASSOCIATED WITH SUCH SMALL BUSINESS'S LOCATION AS PROVIDED FOR  IN
 SUBPARAGRAPH  (III)  OF  THIS PARAGRAPH; INSURANCE COSTS; UTILITY COSTS;
 COSTS OF PERSONAL PROTECTION EQUIPMENT (PPE) NECESSARY TO PROTECT WORKER
 AND CONSUMER HEALTH AND SAFETY; HEATING, VENTILATION, AND AIR CONDITION-
 ING (HVAC) COSTS, OR OTHER MACHINERY OR EQUIPMENT COSTS, OR SUPPLIES AND
 MATERIALS NECESSARY FOR  COMPLIANCE  WITH  COVID-19  HEALTH  AND  SAFETY
 PROTOCOLS, AND OTHER DOCUMENTED COVID-19 COSTS AS APPROVED BY THE CORPO-
 RATION.
   (II) MORTGAGE PAYMENTS OR COMMERCIAL RENT SHALL BE CONSIDERED ELIGIBLE
 COSTS.
   (III)  PAYMENT  OF  LOCAL  PROPERTY  TAXES  AND  SCHOOL TAXES SHALL BE
 CONSIDERED ELIGIBLE COSTS.
   (C) GRANTS AWARDED UNDER THE PROGRAM SHALL NOT BE USED  TO  RE-PAY  OR
 PAY  DOWN  ANY  PORTION OF A LOAN OBTAINED THROUGH A FEDERAL CORONAVIRUS
 RELIEF PACKAGE FOR BUSINESS ASSISTANCE OR ANY NEW  YORK  STATE  BUSINESS
 ASSISTANCE PROGRAMS.
   6.  APPLICATION  AND APPROVAL PROCESS. (A) AN ELIGIBLE MICRO-BUSINESS,
 SMALL BUSINESS SHALL SUBMIT A COMPLETE APPLICATION IN A FORM AND  MANNER
 PRESCRIBED BY THE CORPORATION.
   (B) THE CORPORATION SHALL ESTABLISH THE PROCEDURES AND TIME PERIOD FOR
 MICRO-BUSINESSES  AND  SMALL  BUSINESSES  TO  SUBMIT APPLICATIONS TO THE
 PROGRAM. AS PART OF THE APPLICATION EACH MICRO-BUSINESS AND SMALL  BUSI-
 NESS  SHALL  PROVIDE  SUFFICIENT DOCUMENTATION IN A MANNER PRESCRIBED BY
 THE CORPORATION TO DEMONSTRATE HARDSHIP, AND PREVENT FRAUD,  WASTE,  AND
 ABUSE.
   7.  TECHNICAL  ASSISTANCE  AND  OUTREACH. THE CORPORATION MAY OFFER OR
 MAKE AVAILABLE TO ALL APPLICANTS, REGARDLESS OF APPROVAL STATUS,  DIRECT
 OR  INDIRECT  ACCESS TO FINANCIAL AND BUSINESS PLANNING, LEGAL CONSULTA-
 TION, LANGUAGE ASSISTANCE SERVICES, MENTORING SERVICES FOR POST-PANDEMIC
 PLANNING, REOPENING PLANNING ASSISTANCE AND OTHER ASSISTANCE AND SUPPORT
 AS DETERMINED BY THE  CORPORATION.  ASSISTANCE,  SUPPORT,  OUTREACH  AND
 OTHER  SERVICES  MAY  BE  PROVIDED  BY OR THROUGH PARTNER ORGANIZATIONS,
 INCLUDING BUT NOT LIMITED TO CHAMBERS OF COMMERCE, LOCAL BUSINESS DEVEL-
 OPMENT CORPORATIONS, TRADE ASSOCIATIONS AND  OTHER  COMMUNITY  ORGANIZA-
 TIONS  THAT HAVE EXPERTISE AND BACKGROUND IN PROVIDING TECHNICAL ASSIST-
 ANCE, AT THE DISCRETION OF THE CORPORATION.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
 public authorities law relating to the powers and duties of the dormito-
 ry  authority  of the state of New York relative to the establishment of
 subsidiaries for certain purposes, as amended by section 1 of part CC of
 chapter 58 of the laws of 2020, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on July 1, [2022] 2025; provided however, that the expi-
 ration  of  this  act  shall  not  impair or otherwise affect any of the
 powers, duties, responsibilities, functions, rights  or  liabilities  of
 any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART EE
 S. 8008                            55                            A. 9008
 
   Section 1. Paragraph (b) of subdivision  2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   ANY  NOT-FOR-PROFIT  CORPORATION  OR  COLLABORATION  OF NOT-FOR-PROFIT
 CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED  TO
 PHYSICAL  INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE MILLION
 DOLLARS. FOR THE PURPOSES OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPORATION"
 SHALL MEAN A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN  CORPORATION  AS
 DEFINED  IN  SECTION  ONE  HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION
 LAW.  ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL  POSSESS  THE  REQUISITE
 CREDIT  STANDING TO SECURE SUCH FUNDING IN THE PRIVATE OR PUBLIC CAPITAL
 MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORITY  PURSUANT  TO
 SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE.
   §  2.  Subdivision  1 of section 1680 of the public authorities law is
 amended by adding a new undesignated paragraph to read as follows:
   ANY NOT-FOR-PROFIT  CORPORATION  OR  COLLABORATION  OF  NOT-FOR-PROFIT
 CORPORATIONS,  FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED TO
 PHYSICAL INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE  MILLION
 DOLLARS.    FOR  THE  PURPOSES  OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPO-
 RATION" SHALL MEAN A DOMESTIC CORPORATION OR AUTHORIZED  FOREIGN  CORPO-
 RATION  AS  DEFINED  IN  SECTION  ONE  HUNDRED TWO OF THE NOT-FOR-PROFIT
 CORPORATION LAW.  ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS  THE
 REQUISITE  CREDIT  STANDING  TO  SECURE  SUCH  FUNDING IN THE PRIVATE OR
 PUBLIC CAPITAL MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORI-
 TY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   § 3. Nothing in this act is intended to limit, impair, or  affect  the
 legal  authority  of  the  Dormitory  Authority of the state of New York
 under any other provision of law.
   § 4. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 30 to read as follows:
   30.  (A)  NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
 WHEN AWARDING A CONTRACT FOR PUBLIC WORK, THE  AUTHORITY  MAY  ESTABLISH
 GUIDELINES  GOVERNING  THE  QUALIFICATIONS  OF BIDDERS SEEKING TO BID OR
 ENTER INTO SUCH CONTRACTS. IF THE  AUTHORITY  MAINTAINS  AN  APPROPRIATE
 LIST  OF QUALIFIED BIDDERS, THE BIDDING SHALL BE RESTRICTED TO THOSE WHO
 HAVE QUALIFIED PRIOR TO THE RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED
 BY THE AUTHORITY. IN DETERMINING WHETHER A PROSPECTIVE BIDDER  QUALIFIES
 FOR  INCLUSION  ON  A  LIST OF PREQUALIFIED BIDDERS, THE AUTHORITY SHALL
 CONSIDER THE EXPERIENCE AND RECORD OF  PERFORMANCE  OF  THE  PROSPECTIVE
 BIDDER  IN  THE PARTICULAR TYPE OF WORK, AS WELL AS: (I) THE PROSPECTIVE
 BIDDER'S ABILITY TO UNDERTAKE THE  PARTICULAR  TYPE  AND  COMPLEXITY  OF
 WORK;  (II)  THE FINANCIAL CAPABILITY, RESPONSIBILITY AND RELIABILITY OF
 THE PROSPECTIVE BIDDER FOR SUCH TYPE AND COMPLEXITY OF WORK;  (III)  THE
 RECORD OF THE PROSPECTIVE BIDDER IN COMPLYING WITH EXISTING LABOR STAND-
 ARDS  AND  MAINTAINING  HARMONIOUS LABOR RELATIONS; (IV) THE PROSPECTIVE
 BIDDER'S COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY  REQUIREMENTS  AND
 ANTI-DISCRIMINATION  LAWS,  AND  DEMONSTRATED COMMITMENT TO WORKING WITH
 MINORITY AND WOMEN-OWNED BUSINESSES THROUGH JOINT  VENTURES  OR  SUBCON-
 TRACTOR  RELATIONSHIPS;  AND (V) THE RECORD OF THE PROSPECTIVE BIDDER IN
 PROTECTING THE HEALTH AND SAFETY OF WORKERS ON PUBLIC WORKS PROJECTS AND
 JOB SITES AS DEMONSTRATED BY THE PROSPECTIVE BIDDER'S EXPERIENCE MODIFI-
 CATION RATE FOR EACH OF THE LAST THREE YEARS.
 S. 8008                            56                            A. 9008
 
   (B) THE AUTHORITY SHALL, NOT LESS THAN ANNUALLY, PUBLISH IN A  NEWSPA-
 PER OF GENERAL CIRCULATION OR POST IN THE NEW YORK STATE CONTRACT REPOR-
 TER AN ADVERTISEMENT REQUESTING PROSPECTIVE BIDDERS TO SUBMIT QUALIFICA-
 TION  STATEMENTS.  LISTS OF PREQUALIFIED BIDDERS MAY BE ESTABLISHED ON A
 PROJECT-SPECIFIC  BASIS.  PREQUALIFIED  LISTS  SHALL INCLUDE ALL BIDDERS
 THAT QUALIFY; PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE  NO  LESS
 THAN  FIVE  BIDDERS  BUT  SHALL REMAIN OPEN FOR ALL ADDITIONAL QUALIFIED
 BIDDERS. THE AUTHORITY'S  PROCEDURES  FOR  PREQUALIFYING  BIDDERS  SHALL
 INCLUDE  AN  APPEALS  PROCESS FOR THOSE DENIED A PLACE ON A PREQUALIFIED
 LIST. ANY DENIAL MUST BE BASED  UPON  SUBSTANTIAL  EVIDENCE,  CANNOT  BE
 ARBITRARY OR CAPACIOUS, AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT
 TO  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES.   THE
 AUTHORITY MAY MOVE FORWARD ON THE CONTRACT AWARD DURING SUCH APPEALS.
   § 2. This act shall take effect immediately.
 
                                  PART GG

   Section 1.  Paragraph (b) of subdivision 2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   ANY  RECIPIENT  OF  LOANS  OR  GRANTS AWARDED PURSUANT TO THE DOWNTOWN
 REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF  STATE
 AND  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
 HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
   § 2.  Subdivision 1 of section 1680 of the public authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   ANY  RECIPIENT  OF  LOANS  OR  GRANTS AWARDED PURSUANT TO THE DOWNTOWN
 REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF  STATE
 AND  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
 HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
   § 3. This act shall take effect immediately.
 
                                  PART HH
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 30 to read as follows:
   30.  TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT WITH
 ANY STATE AUTHORITY, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE TO  BE
 PLANNED,  DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED, IMPROVED,
 FURNISHED, OR EQUIPPED FOR SUCH STATE AUTHORITY.  ANY  SUCH  DESIGN  AND
 CONSTRUCTION MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO THIS SUBDIVI-
 SION   SHALL  PROVIDE  FOR  THE  FOLLOWING;  THE  SCOPE  OF  DESIGN  AND
 CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED, THE FEES TO BE  CHARGED
 BY THE DORMITORY AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
 DESIGN-BUILD  CONTRACT  AS DEFINED IN PART F OF CHAPTER FIFTY-SIX OF THE
 LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO  THIS  SUBDIVI-
 SION  EXCEPT IF THE STATE AUTHORITY IS OTHERWISE AUTHORIZED TO UTILIZE A
 DESIGN-BUILD CONTRACT. FOR THE PURPOSES OF  THIS  SUBDIVISION  THE  TERM
 "STATE  AUTHORITY"  SHALL  HAVE  THE SAME MEANING AS DEFINED PURSUANT TO
 SECTION TWO OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
                                  PART II

   Section 1. Section 99-ii of the state finance law is amended by adding
 a new subdivision 2-a to read as follows:
 S. 8008                            57                            A. 9008
 
   2-A. REVENUES DEPOSITED INTO THIS FUND PURSUANT TO SECTION FIFTEEN  OF
 THE  CANNABIS  LAW  SHALL  FIRST  BE USED TO REIMBURSE THE STATE FOR ANY
 FUNDS DEPOSITED INTO THIS FUND FROM THE STATE GENERAL FUND AND  USED  TO
 SUPPORT EXPENDITURES AUTHORIZED UNDER PARAGRAPH (C) OF SUBDIVISION THREE
 OF THIS SECTION.
   §  2.  Subparagraph (c) of subdivision 3 of section 99-ii of the state
 finance law, as added by chapter 92 of the laws of 2021, is  amended  to
 read as follows:
   (c)  Actual  and  necessary  costs  incurred by the office of cannabis
 management and the cannabis control board,  and  the  urban  development
 corporation,  related  to  the  administration  of  incubators and other
 assistance to qualified social and economic equity applicants  including
 the administration, capitalization, and provision of low and zero inter-
 est loans to such applicants pursuant to section sixteen-ee of the urban
 development corporation act[. Such] AND THE FUNDING OF, WHETHER DIRECTLY
 OR  INDIRECTLY BY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND FORMED FOR
 THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS  ASSOCIATED  WITH
 ESTABLISHING  ADULT-USE  CANNABIS  RETAIL  DISPENSARIES FOR OPERATION BY
 SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO  ARTICLE
 FOUR  OF  THE CANNABIS LAW.  SUCH FIXED CAPITAL COSTS SHALL INCLUDE, BUT
 ARE NOT LIMITED TO, ALL  COSTS  RELATED  TO  THE  ACQUISITION,  LEASING,
 PURCHASING,  PLANNING,  DESIGN,  CONSTRUCTION, RECONSTRUCTION, REHABILI-
 TATION, IMPROVEMENT, FURNISHING, OR EQUIPPING OF SUCH ADULT-USE CANNABIS
 RETAIL DISPENSARIES, WHETHER SUCH WORK HAS BEEN UNDERTAKEN OR COSTS  FOR
 SUCH  WORK  INCURRED  BY  (I)  THE OFFICE OF CANNABIS MANAGEMENT AND THE
 CANNABIS CONTROL BOARD, (II) THE DORMITORY AUTHORITY OF THE STATE OF NEW
 YORK, OR ANY SUBSIDIARY THEREOF, UNDER  AGREEMENT  WITH  THE  OFFICE  OF
 CANNABIS  MANAGEMENT AND THE CANNABIS CONTROL BOARD, OR WITH THE PRIVATE
 DEBT OR EQUITY FUND FORMED FOR THE LIMITED PURPOSE OF FUNDING THE  FIXED
 CAPITAL  COSTS  ASSOCIATED  WITH  ESTABLISHING  SUCH  ADULT-USE CANNABIS
 RETAIL DISPENSARIES, OR (III) THE PRIVATE DEBT OR EQUITY FUND FORMED FOR
 THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS  ASSOCIATED  WITH
 ESTABLISHING  SUCH  ADULT-USE CANNABIS RETAIL DISPENSARIES. PAYMENTS FOR
 THE FIXED CAPITAL COSTS TO  ESTABLISH  SUCH  ADULT-USE  CANNABIS  RETAIL
 DISPENSARIES,  INCLUDING ANY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND
 FORMED FOR THE LIMITED PURPOSE OF FUNDING SUCH FIXED CAPITAL COSTS,  AND
 ANY  REPAYMENTS  OF THESE AMOUNTS MAY BE DEPOSITED IN THE NEW YORK STATE
 CANNABIS REVENUE FUND OR SUCH OTHER ACCOUNT AS DETERMINED BY THE  DIREC-
 TOR  OF THE DIVISION OF THE BUDGET.  ALL ABOVE REFERENCED costs shall be
 paid out of revenues received,  including,  but  not  limited  to,  from
 special  one-time  fees  paid  by  registered  organizations pursuant to
 section sixty-three of the cannabis law.
   § 3. Section 1678 of the public authorities law is amended  by  adding
 two new subdivisions 30 and 31 to read as follows:
   30.  TO  ENTER INTO ONE OR MORE AGREEMENTS WITH THE OFFICE OF CANNABIS
 MANAGEMENT, THE CANNABIS CONTROL BOARD, OR ANY PRIVATE  DEBT  OR  EQUITY
 FUND,  IN  WHICH THE STATE OR ANY STATE AGENCY, PUBLIC AUTHORITY, PUBLIC
 BENEFIT CORPORATION, OR DIVISION THEREOF HAS INVESTED AND IS FORMED  FOR
 THE  LIMITED  PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
 ESTABLISHING ADULT-USE CANNABIS RETAIL  DISPENSARIES  FOR  OPERATION  BY
 SOCIAL  AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO ARTICLE
 FOUR OF THE CANNABIS LAW, FOR THE FOLLOWING PURPOSES:
   (A) TO ACQUIRE BY PURCHASE,  CONDEMNATION,  GIFT,  DEVISE,  LEASE,  OR
 OTHER  AGREEMENT  SUCH  REAL  PROPERTY  OR AN INTEREST THEREIN AS MAY BE
 NECESSARY  OR  CONVENIENT  FOR  THE  ACQUISITION,  CONSTRUCTION,  RECON-
 STRUCTION, REHABILITATION, IMPROVEMENT, OR PROVISION OF ADULT-USE CANNA-
 S. 8008                            58                            A. 9008
 
 BIS  RETAIL  DISPENSARIES  FOR  OPERATION  BY SOCIAL AND ECONOMIC EQUITY
 LICENSEES;
   (B) TO PREPARE OR CAUSE TO BE PREPARED PLANS, SPECIFICATIONS, DESIGNS,
 AND  ESTIMATES  OF  COSTS  FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION,
 REHABILITATION, IMPROVEMENT, FURNISHING OR EQUIPPING OF ADULT-USE CANNA-
 BIS RETAIL DISPENSARIES FOR OPERATION  BY  SOCIAL  AND  ECONOMIC  EQUITY
 LICENSEES;
   (C)  TO  DESIGN,  CONSTRUCT,  RECONSTRUCT,  REHABILITATE,  OR  IMPROVE
 ADULT-USE CANNABIS RETAIL  DISPENSARIES  FOR  OPERATION  BY  SOCIAL  AND
 ECONOMIC  EQUITY  LICENSEES  AND  TO  ENTER INTO CONTRACTS TO CAUSE SUCH
 FACILITIES TO BE DESIGNED,  CONSTRUCTED,  RECONSTRUCTED,  REHABILITATED,
 IMPROVED, FURNISHED, OR EQUIPPED;
   (D)  TO  ENTER,  AS  LESSOR  OR  AS AGENT FOR THE LESSOR, INTO LEASES,
 SUBLEASES, OR OTHER AGREEMENTS  WITH  THE  SOCIAL  AND  ECONOMIC  EQUITY
 LICENSEES OPERATING THE ADULT-USE CANNABIS RETAIL DISPENSARIES;
   (E) TO ENTER, AS LENDER OR AS AGENT FOR THE LENDER, INTO LOAN OR OTHER
 AGREEMENTS  WITH  THE SOCIAL AND ECONOMIC EQUITY LICENSEES OPERATING THE
 ADULT-USE CANNABIS RETAIL DISPENSARIES; AND
   (F) TO SELL, CONVEY, LEASE, SUBLEASE OR OTHERWISE  TRANSFER  ANY  REAL
 PROPERTY  OR INTEREST THEREIN HELD BY THE AUTHORITY TO ANY PERSON, FIRM,
 ASSOCIATION, CORPORATION, OR AGENCY, INCLUDING A PUBLIC  BODY,  FOR  THE
 PURPOSE   OF  CONSTRUCTING  AN  ADULT-USE  CANNABIS  RETAIL  DISPENSARY,
 PROVIDED THAT, SIMULTANEOUSLY THEREWITH, THE AUTHORITY  ENTERS  INTO  AN
 AGREEMENT  FOR  THE  RECONVEYANCE,  PURCHASE,  LEASE, SUBLEASE, OR OTHER
 ACQUISITION OF SUCH DISPENSARY.
   31. (A) TO FORM ONE OR MORE SUBSIDIARIES FOR THE PURPOSE  OF  LIMITING
 THE  POTENTIAL LIABILITY OF THE AUTHORITY WHEN EXERCISING THE POWERS AND
 DUTIES CONFERRED UPON  THE  AUTHORITY  BY  SUBDIVISION  THIRTY  OF  THIS
 SECTION  IN  CONNECTION  WITH  CERTAIN  WORK  PERFORMED ON BEHALF OF THE
 OFFICE OF CANNABIS  MANAGEMENT,  THE  CANNABIS  CONTROL  BOARD,  OR  ANY
 PRIVATE  DEBT  OR  EQUITY  FUND  IN WHICH THE STATE OR ANY STATE AGENCY,
 PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR  DIVISION  THEREOF  HAS
 INVESTED  AND  IS  FORMED  FOR  THE LIMITED PURPOSE OF FUNDING THE FIXED
 CAPITAL COSTS ASSOCIATED WITH  ESTABLISHING  ADULT-USE  CANNABIS  RETAIL
 DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
 LICENSED  PURSUANT  TO ARTICLE FOUR OF THE CANNABIS LAW. SUCH SUBSIDIARY
 CREATED PURSUANT TO THIS SUBDIVISION MAY EXERCISE  AND  PERFORM  ONE  OR
 MORE OF THE PURPOSES, POWERS, DUTIES, FUNCTIONS, RIGHTS AND RESPONSIBIL-
 ITIES  OF  THE  AUTHORITY  OTHER  THAN  THE ISSUANCE OF INDEBTEDNESS, IN
 CONNECTION WITH REAL AND PERSONAL PROPERTY WITH  RESPECT  TO  WHICH  THE
 AUTHORITY HOLDS TITLE OR A LEASEHOLD INTEREST INCLUDING, BUT NOT LIMITED
 TO:  (I)  BIDDING FOR, TAKING, HOLDING, SELLING, CONVEYING, ASSIGNING OR
 TRANSFERRING  TITLE  TO  SUCH  PROPERTY;  (II)  ENTERING  INTO   LEASES,
 SUBLEASES, OR OTHER ARRANGEMENTS WITH REGARD TO SUCH PROPERTY AND ACTING
 IN  A MANNER CONSISTENT WITH THE RIGHTS, OBLIGATIONS OR RESPONSIBILITIES
 OF THE OWNER, LANDLORD OR TENANT OF SUCH PROPERTY PURSUANT TO SUCH LEASE
 OR SUBLEASE AGREEMENTS; (III) SERVICING LOAN PAYMENTS;  (IV)  FURNISHING
 PROPERTY  MANAGEMENT SERVICES; AND (V) PROVIDING GENERAL OPERATIONAL AND
 ADMINISTRATIVE SUPPORT SERVICES.
   (B) SUCH SUBSIDIARY AUTHORIZED BY PARAGRAPH (A)  OF  THIS  SUBDIVISION
 SHALL  BE  ESTABLISHED  IN  THE  FORM OF A PUBLIC BENEFIT CORPORATION BY
 EXECUTING AND FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCOR-
 PORATION WHICH SHALL IDENTIFY THE AUTHORITY  AS  THE  ENTITY  ORGANIZING
 SUCH SUBSIDIARY AND SET FORTH THE NAME OF SUCH SUBSIDIARY PUBLIC BENEFIT
 CORPORATION,  ITS DURATION, THE LOCATION OF ITS PRINCIPAL OFFICE AND ITS
 CORPORATE PURPOSES AS PROVIDED IN THIS SUBDIVISION AND WHICH CERTIFICATE
 S. 8008                            59                            A. 9008

 MAY BE AMENDED FROM TIME TO TIME BY THE  FILING  OF  AMENDMENTS  THERETO
 WITH  THE  SECRETARY  OF  STATE. SUCH SUBSIDIARY SHALL BE ORGANIZED AS A
 PUBLIC BENEFIT CORPORATION, SHALL BE A BODY POLITIC AND  CORPORATE,  AND
 SHALL  HAVE  ALL  THE  PRIVILEGES,  IMMUNITIES, TAX EXEMPTIONS AND OTHER
 EXEMPTIONS OF THE AUTHORITY. THE MEMBERS OF SUCH SUBSIDIARY SHALL BE THE
 SAME AS THE MEMBERS OF THE AUTHORITY AND THE PROVISIONS  OF  SUBDIVISION
 TWO  OF  SECTION  SIXTEEN  HUNDRED NINETY-ONE OF THIS TITLE SHALL IN ALL
 RESPECTS APPLY TO SUCH MEMBERS WHEN ACTING IN SUCH CAPACITY.
   (C) NOTHING IN THIS SUBDIVISION  SHALL  BE  CONSTRUED  TO  IMPOSE  ANY
 LIABILITIES,  OBLIGATIONS,  OR  RESPONSIBILITIES OF SUCH SUBSIDIARY UPON
 THE AUTHORITY AND THE AUTHORITY SHALL HAVE NO LIABILITY OR  RESPONSIBIL-
 ITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES TO ASSUME THE SAME.
   (D)  SUCH  SUBSIDIARY  CREATED  PURSUANT  TO THIS SUBDIVISION SHALL BE
 SUBJECT TO ANY OTHER PROVISION OF THIS  CHAPTER  PERTAINING  TO  SUBSID-
 IARIES OF PUBLIC AUTHORITIES.
   §  4.  Paragraph  (b)  of  subdivision 2 of section 1676 of the public
 authorities law is amended by adding three  undesignated  paragraphs  to
 read as follows:
   THE OFFICE OF CANNABIS MANAGEMENT.
   THE CANNABIS CONTROL BOARD.
   ANY  PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY STATE AGEN-
 CY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, OR DIVISION THEREOF,
 HAS INVESTED AND IS FORMED FOR THE LIMITED PURPOSE OF FUNDING THE  FIXED
 CAPITAL  COSTS  ASSOCIATED  WITH  ESTABLISHING ADULT-USE CANNABIS RETAIL
 DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
 LICENSED PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW.
   § 5. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding three undesignated paragraphs to read as follows:
   THE OFFICE OF CANNABIS MANAGEMENT.
   THE CANNABIS CONTROL BOARD.
   ANY  PRIVATE  DEBT  OR  EQUITY  FUND IN WHICH THE STATE OR ANY AGENCY,
 AUTHORITY OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR THE LIMITED
 PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH  ESTABLISHING
 ADULT-USE  CANNABIS  RETAIL  DISPENSARIES  FOR  OPERATION  BY SOCIAL AND
 ECONOMIC EQUITY APPLICANTS, DULY LICENSED PURSUANT TO  ARTICLE  FOUR  OF
 THE CANNABIS LAW.
   § 6. This act shall take effect immediately.
 
                                  PART JJ
 
   Section 1. Subdivision 24-e of section 10 of the highway law, as added
 by  section  1 of part RRR of chapter 59 of the laws of 2019, is amended
 to read as follows:
   24-e. The commissioner of transportation is hereby authorized to enter
 into an agreement with any fiber optic utility for use and occupancy  of
 the  state right of way for the purposes of installing, modifying, relo-
 cating, repairing, operating, or  maintaining  fiber  optic  facilities.
 Such  agreement  may include a fee for use and occupancy of the right of
 way, provided, however, such fee shall not be greater than  fair  market
 value.  Any provider using or occupying a right of way in fulfillment of
 a state grant award through EITHER the New NY Broadband Program  OR  ANY
 SUCCESSOR  OFFICE shall not be subject to a fee for such use or occupan-
 cy.  SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD RECIPI-
 ENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITHSTANDING
 CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER CONNECTIV-
 S. 8008                            60                            A. 9008
 
 ITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCUPANCY. Any
 fee for use or occupancy charged to a fiber optic utility shall  not  be
 passed  through  in whole or in part as a fee, charge, increased service
 cost,  or  by  any other means by a fiber optic utility to any person or
 entity that contracts with such fiber optic  utility  for  service.  Any
 compensation  received  by the state pursuant to such agreement shall be
 deposited by the comptroller into the  special  obligation  reserve  and
 payment  account  of  the dedicated highway and bridge trust fund estab-
 lished pursuant to section eighty-nine-b of the state finance law. Noth-
 ing herein shall impair, inhibit, or otherwise affect the ability of any
 municipality to regulate zoning, land use, or any other power or author-
 ity granted under the law.  For purposes of this  subdivision,  "munici-
 pality" shall include a county, city, village, or town.
   §  2.  Section  7  of the transportation corporations law, as added by
 section 2 of part RRR of chapter 59 of the laws of 2019, is  amended  to
 read as follows:
   §  7.  Agreement  for  fiber  optic utility use and occupancy of state
 right of way. The commissioner of transportation is hereby authorized to
 enter into an agreement with any fiber optic utility for use  and  occu-
 pancy  of the state right of way for the purposes of installing, modify-
 ing, relocating, repairing, operating, or maintaining fiber optic facil-
 ities. Such agreement may include a fee for use  and  occupancy  of  the
 right of way, provided, however, such fee shall not be greater than fair
 market value. Any provider using or occupying a right of way in fulfill-
 ment  of a state grant award through EITHER the New NY Broadband Program
 OR ANY SUCCESSOR OFFICE shall not be subject to a fee for  such  use  or
 occupancy.  SUCH  EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD
 RECIPIENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT,  NOTWITH-
 STANDING  CURRENT  STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER
 CONNECTIVITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCU-
 PANCY. Any fee for use or occupancy charged to  a  fiber  optic  utility
 shall  not  be  passed  through  in  whole  or in part as a fee, charge,
 increased service cost, or by any other means by a fiber  optic  utility
 to any person or entity that contracts with such fiber optic utility for
 service.  Any compensation received by the state pursuant to such agree-
 ment shall be deposited by the comptroller into the  special  obligation
 reserve  and  payment  account of the dedicated highway and bridge trust
 fund established pursuant to section eighty-nine-b of the state  finance
 law. Nothing herein shall impair, inhibit, or otherwise affect the abil-
 ity of any municipality to regulate zoning, land use, or any other power
 or authority granted under the law. For purposes of this section, "muni-
 cipality" shall include a county, city, village, or town.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to subdivision 24-e of section 10 of the highway law and section 7
 of the transportation corporations law made by this act shall not affect
 the repeal of such subdivision and  section  and  shall  expire  and  be
 deemed repealed therewith.
 
                                  PART KK
 
   Section  1.  Subdivision  2  of  section  27-1207 of the environmental
 conservation law, as amended by section 7 of part AA of  chapter  58  of
 the laws of 2018, is amended to read as follows:
   2.  [The] APPROPRIATIONS FOR THE solid waste mitigation program [shall
 receive no more than twenty-five million dollars] from the  clean  water
 infrastructure  act of 2017 [and] SHALL be made available to the depart-
 S. 8008                            61                            A. 9008
 
 ment and the department of health,  as  applicable,  for  the  following
 purposes:
   a. enumeration and assessment of solid waste sites;
   b.  investigation  and  environmental  characterization of solid waste
 sites, including environmental sampling;
   c. mitigation and remediation of solid waste sites;
   d. monitoring of solid waste sites; and
   e. administration and  enforcement  of  the  requirements  of  section
 27-1203 of this title.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.   Section 27-1405 of the environmental conservation law is
 amended by adding three new subdivisions  32,  33  and  34  to  read  as
 follows:
   32.  "CONFORMING  BOA  SITE"  SHALL MEAN A SITE LOCATED WITHIN AN AREA
 DESIGNATED BY THE SECRETARY OF STATE AS A  BROWNFIELD  OPPORTUNITY  AREA
 PURSUANT  TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW
 AND FOR WHICH THE SECRETARY OF STATE HAS ISSUED AN AFFIRMATIVE  CONFORM-
 ANCE DETERMINATION PURSUANT TO SUBDIVISION TEN OF SUCH SECTION.
   33.  "DISADVANTAGED  COMMUNITY" SHALL MEAN A COMMUNITY THAT IS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THIS CHAPTER.
   34. "RENEWABLE ENERGY FACILITY SITE" SHALL  MEAN  REAL  PROPERTY:  (A)
 THAT  IS  PRIMARILY  USED FOR ANY RENEWABLE ENERGY SYSTEM, AS DEFINED IN
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; (B) ANY CO-LOCATED SYSTEM
 STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY  SYSTEM  PRIOR  TO
 DELIVERING  IT  TO  THE BULK TRANSMISSION, SUB-TRANSMISSION, OR DISTRIB-
 UTION SYSTEM; OR (C) ANY STANDALONE SYSTEM STORING ENERGY INTERCONNECTED
 INTO NEW YORK'S BULK TRANSMISSION SYSTEM OR AN INVESTOR OWNED  UTILITY'S
 (IOU)   TRANSMISSION   OR  DISTRIBUTION  SYSTEM  PROVIDING  DISTRIBUTION
 SERVICES, WHOLESALE MARKET ENERGY, ANCILLARY SERVICES,  AND/OR  CAPACITY
 SERVICES,  INCLUDING  ALL ASSOCIATED APPURTENANCES TO ELECTRIC PLANTS AS
 DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW.
   § 2. The opening paragraph of subdivision 1-a of  section  27-1407  of
 the  environmental conservation law, as added by section 3 of part BB of
 chapter 56 of the laws of 2015, is amended to read as follows:
   If the person is also seeking a determination that the site is  eligi-
 ble  for  the tangible property credit component of the brownfield rede-
 velopment tax credit pursuant to paragraph three of subdivision  (a)  of
 section  twenty-one of the tax law for a site located in a city having a
 population of one million or more, such person shall submit  information
 sufficient  to  demonstrate  that: (a) at least half of the site area is
 located in an environmental zone as defined in section twenty-one of the
 tax law; (b) the property is upside down or underutilized; [or] (c)  the
 project  is an affordable housing project; (D) THE PROJECT IS A CONFORM-
 ING BOA SITE; OR (E) THE PROJECT IS BEING DEVELOPED AS A RENEWABLE ENER-
 GY FACILITY SITE. An applicant may request an eligibility  determination
 for  tangible  property  credits  at any time from application until the
 site receives a certificate of completion pursuant to section 27-1419 of
 this title except for sites seeking eligibility under the  underutilized
 category.
   §  3. Section 27-1409 of the environmental conservation law is amended
 by adding a new subdivision 13 to read as follows:
   13. AFTER ACCEPTANCE BY THE DEPARTMENT, AN EXECUTED BROWNFIELD CLEANUP
 AGREEMENT SHALL BE SUBMITTED AND RETURNED TO THE DEPARTMENT WITH PAYMENT
 S. 8008                            62                            A. 9008
 
 OF A NONREFUNDABLE PROGRAM FEE IN THE AMOUNT OF FIFTY THOUSAND  DOLLARS,
 WHICH  SHALL  BE DEPOSITED TO THE CREDIT OF THE OVERSIGHT AND ASSISTANCE
 ACCOUNT OF THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO  SECTION  NINE-
 TY-SEVEN-B  OF THE STATE FINANCE LAW. THE DEPARTMENT MAY REDUCE OR WAIVE
 SUCH FEE UPON A DEMONSTRATION OF FINANCIAL HARDSHIP  BY  THE  APPLICANT.
 PROGRAM  FEES SHALL NOT QUALIFY FOR ANY OF THE TAX CREDITS AVAILABLE FOR
 BROWNFIELD SITES UNDER SECTIONS TWENTY-ONE, TWENTY-TWO, AND TWENTY-THREE
 OF THE TAX LAW.
   § 4. Paragraph 2 of subdivision (a) of section 21 of the tax  law,  as
 amended  by  section  1 of part H of chapter 577 of the laws of 2004, is
 amended to read as follows:
   (2) Site preparation credit component.  The  site  preparation  credit
 component shall be equal to the applicable percentage of the site prepa-
 ration  costs  paid or incurred by the taxpayer with respect to a quali-
 fied site. The credit component amount so determined with respect  to  a
 site's  qualification  for  a certificate of completion shall be allowed
 for the taxable year in which the effective date of the  certificate  of
 completion  occurs.  The  credit  component amount determined other than
 with respect to such qualification shall be allowed for the taxable year
 in which the improvement to which the applicable costs apply  is  placed
 in  service  for  up  to  five  taxable years after the issuance of such
 certificate of completion; PROVIDED, HOWEVER,  THAT  FOR  ANY  QUALIFIED
 SITE  TO  WHICH  A CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER MARCH
 TWENTIETH, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWENTY-FOURTH, TWO
 THOUSAND TWENTY-ONE, THE SITE  PREPARATION  CREDIT  COMPONENT  FOR  SUCH
 COSTS  SHALL BE ALLOWED FOR UP TO SEVEN TAXABLE YEARS AFTER THE ISSUANCE
 OF SUCH CERTIFICATE OF COMPLETION.
   § 5. Paragraph 4 of subdivision (a) of section 21 of the tax  law,  as
 amended  by  section  1 of part H of chapter 577 of the laws of 2004, is
 amended to read as follows:
   (4) On-site groundwater  remediation  credit  component.  The  on-site
 groundwater  remediation credit component shall be equal to the applica-
 ble percentage of the on-site  groundwater  remediation  costs  paid  or
 incurred by the taxpayer with respect to a qualified site (to the extent
 that such groundwater remediation costs are not included in the determi-
 nation  of  the  site  preparation  credit  or  the  cost or other basis
 included in the determination of  the  tangible  property  credit).  The
 credit  component so determined for costs incurred and paid with respect
 to and prior to the issuance of a certificate  of  completion  shall  be
 allowed for the taxable year in which the effective date of the issuance
 of  a  certificate  of  completion  occurs.  The credit component amount
 determined in taxable years after the effective date of the issuance  of
 a  certificate  of  completion shall be allowed in the taxable year such
 qualified costs are incurred and paid for up to five taxable years after
 the issuance of such certificate of completion; PROVIDED, HOWEVER,  THAT
 WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION
 HAS  BEEN  ISSUED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR
 BEFORE JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-ONE, THE CREDIT COMPONENT
 AMOUNT DETERMINED IN TAXABLE YEARS AFTER THE EFFECTIVE DATE OF THE ISSU-
 ANCE OF A CERTIFICATE OF COMPLETION SHALL BE ALLOWED IN THE TAXABLE YEAR
 SUCH QUALIFIED COSTS ARE INCURRED AND PAID FOR UP TO SEVEN TAXABLE YEARS
 AFTER THE ISSUANCE OF SUCH CERTIFICATE OF COMPLETION.
   § 6. Subparagraph (B) of paragraph 5 of subdivision (a) of section  21
 of the tax law, as amended by section 21 of part BB of chapter 56 of the
 laws of 2015, is amended to read as follows:
 S. 8008                            63                            A. 9008
 
   (B)  With  respect  to such qualified site for which the department of
 environmental conservation has issued a notice to  the  taxpayer  on  or
 after  July  first,  two thousand fifteen [or the date of publication in
 the state register of proposed regulations defining  "underutilized"  as
 provided  in  subdivision thirty of section 27-1405 of the environmental
 conservation law, whichever  shall  be  later],  that  its  request  for
 participation has been accepted under subdivision six of section 27-1407
 of the environmental conservation law, the applicable percentage for the
 tangible  property  credit component of the brownfield redevelopment tax
 credit  pursuant  to  paragraph  three  of  [subdivision  (a)  of]  this
 [section]  SUBDIVISION shall be the sum of ten percent and the following
 additional percentages, provided that if the sum is greater  than  twen-
 ty-four  percent,  the  total percentage of the tangible property credit
 component shall be twenty-four percent and is otherwise subject  to  the
 limitations  set  forth  in paragraphs three and three-a of [subdivision
 (a) of] this [section] SUBDIVISION:
   (i) five percent for a site WHICH:
   (1) IS LOCATED within an environmental zone; OR
   (2) IS IN A DISADVANTAGED COMMUNITY AS THAT TERM IS DEFINED IN SECTION
 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW FOR WHICH  THE  DEPARTMENT
 OF  ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON OR
 AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-THREE  THAT  ITS  REQUEST  FOR
 PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407
 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (ii)  five  percent  for a site located within a designated brownfield
 opportunity area and THAT is [developed in conformance  with  the  goals
 and  priorities  established  for that applicable brownfield opportunity
 area] A CONFORMING BOA SITE AS THAT TERM IS DEFINED IN  SECTION  27-1405
 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (iii)  five  percent  for  a  site developed as affordable housing, as
 defined in section 27-1405 of the environmental conservation law;
   (iv) five percent for a site to be used  primarily  for  manufacturing
 activities  as  such  term  is  defined in subparagraph (B) of paragraph
 three-a of this subdivision; [and]
   (v) five percent for sites remediated to  Track  1  as  that  term  is
 defined  in  subdivision  four  of  section 27-1415 of the environmental
 conservation law; AND
   (VI) FOR A QUALIFIED SITE FOR WHICH THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION  HAS  ISSUED  A  NOTICE TO THE TAXPAYER ON OR AFTER JANUARY
 FIRST, TWO THOUSAND TWENTY-THREE THAT ITS REQUEST FOR PARTICIPATION  HAS
 BEEN  ACCEPTED  UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRON-
 MENTAL CONSERVATION LAW, FIVE PERCENT FOR SITES DEVELOPED  AS  RENEWABLE
 ENERGY FACILITY SITES AS DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL
 CONSERVATION LAW.
   §  7.  Paragraph 2 of subdivision (b) of section 21 of the tax law, as
 amended by section 23 of part BB of chapter 56 of the laws of  2015,  is
 amended to read as follows:
   (2)  Site  preparation  costs. The term "site preparation costs" shall
 mean all amounts properly chargeable to a  capital  account,  which  are
 paid  or  incurred  which  are  necessary to implement a site's investi-
 gation, remediation, or qualification for a certificate  of  completion,
 and shall include costs of: excavation; demolition; activities undertak-
 en  under the oversight of the department of labor or in accordance with
 standards established by the  department  of  health  to  remediate  and
 dispose  of  regulated materials including asbestos, lead or polychlori-
 nated biphenyls; environmental  consulting;  engineering;  legal  costs;
 S. 8008                            64                            A. 9008
 
 transportation, disposal, treatment or containment of contaminated soil;
 remediation  measures  taken  to  address contaminated soil vapor; cover
 systems consistent with  applicable  regulations;  physical  support  of
 excavation;  dewatering  and  other work to facilitate or enable remedi-
 ation activities; sheeting,  shoring,  and  other  engineering  controls
 required  to prevent off-site migration of contamination from the quali-
 fied site or migrating onto the qualified site; and the costs  of  fenc-
 ing,  temporary  electric  wiring,  scaffolding, and security facilities
 until such time as the certificate of completion has been  issued.  Site
 preparation shall include all costs paid or incurred within sixty months
 after  the  last  day  of  the  tax  year  in  which  the certificate of
 completion is issued that are necessary for compliance with the  certif-
 icate of completion or subsequent modifications thereof, or the remedial
 program  defined  in  such  certificate  of completion including but not
 limited to institutional controls,  engineering  controls,  an  approved
 site  management plan, and an environmental easement with respect to the
 qualified site. PROVIDED, HOWEVER, WITH RESPECT TO  ANY  QUALIFIED  SITE
 FOR  WHICH  A CERTIFICATE OF COMPLETION HAS BEEN ISSUED ON OR AFTER JULY
 FIRST, TWO THOUSAND FIFTEEN BUT ON OR  BEFORE  JUNE  TWENTY-FOURTH,  TWO
 THOUSAND TWENTY-ONE, SITE PREPARATION COSTS SHALL INCLUDE ALL SUCH COSTS
 PAID OR INCURRED WITHIN EIGHTY-FOUR MONTHS AFTER THE LAST DAY OF THE TAX
 YEAR  IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED. Site preparation
 cost shall not include the costs of foundation systems that  exceed  the
 cover system requirements in the regulations applicable to the qualified
 site.
   §  8.  Paragraph 4 of subdivision (b) of section 21 of the tax law, as
 amended by section 23 of part BB of chapter 56 of the laws of  2015,  is
 amended to read as follows:
   (4) On-site groundwater remediation costs. The term "on-site groundwa-
 ter  remediation  costs" shall mean all amounts properly chargeable to a
 capital account, which are paid  or  incurred  which  are  necessary  to
 implement a site's groundwater investigation, remediation, or qualifica-
 tion  for  a  certificate  of  completion not already covered under site
 preparation costs, and shall include costs of: environmental consulting;
 engineering;  legal  costs;  transportation,  disposal,   treatment   or
 containment  of  contaminated  groundwater; sheeting, shoring, and other
 engineering controls required to prevent off-site migration of groundwa-
 ter contamination from the qualified site or migrating onto  the  quali-
 fied site; and the costs of fencing, temporary electric wiring and secu-
 rity  facilities  until  such  time  as the certificate of completion is
 issued. On-site groundwater remediation costs shall  include  all  costs
 paid  or incurred within sixty months after the last day of the tax year
 in which the certificate of completion is issued that are necessary  for
 compliance  with  the  certificate of completion or subsequent modifica-
 tions thereof, or the  groundwater  remedial  program  defined  in  such
 certificate  of  completion  including  but not limited to institutional
 controls, engineering controls, an approved site management plan specif-
 ic to on-site groundwater remediation,  and  an  environmental  easement
 with  respect  to the qualified site. PROVIDED, HOWEVER, WITH RESPECT TO
 ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED
 ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWEN-
 TY-FOURTH, TWO  THOUSAND  TWENTY-ONE,  ON-SITE  GROUNDWATER  REMEDIATION
 COSTS  SHALL  INCLUDE ALL SUCH COSTS PAID OR INCURRED WITHIN EIGHTY-FOUR
 MONTHS AFTER THE LAST DAY OF THE TAX YEAR IN WHICH  THE  CERTIFICATE  OF
 COMPLETION IS ISSUED.
 S. 8008                            65                            A. 9008
 
   §  9.  Section 31 of part H of chapter 1 of the laws of 2003, amending
 the tax law relating to brownfield redevelopment tax credits, remediated
 brownfield credit for real property taxes for qualified sites and  envi-
 ronmental  remediation  insurance  credits,  as amended by section 32 of
 part  BB  of  chapter  56  of  the  laws  of 2015, is amended to read as
 follows:
   § 31. The tax credits allowed under section 22 or 23 of  the  tax  law
 and  the  corresponding  provisions in articles 9, 9-A, 22 and 33 of the
 tax law, as added by the provisions of sections one through  twenty-nine
 of  this  act,  shall  not  be  applicable to any site accepted into the
 brownfield cleanup program on and after July 1, 2015  [or  the  date  of
 publication  in  the  state  register  of  proposed regulations defining
 "underutilized" as provided in subdivision 30 of section 27-1405 of  the
 environmental conservation law, whichever shall be later]. The tax cred-
 its  allowed  under  section  21  of  the  tax law and the corresponding
 provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
 provisions of sections one through twenty-nine of this act, shall not be
 applicable to any site accepted  into  the  brownfield  cleanup  program
 after  December  31,  [2022]  2032,  provided,  however  that  any sites
 accepted on or before December 31, [2022] 2032 must  have  received  the
 certificate of completion required to qualify for any of such credits on
 or before [March] DECEMBER 31, [2026] 2036.
   § 10. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
 section  27-1905  of  the  environmental conservation law, as amended by
 section 1 of part E of chapter 58 of the laws of 2019,  are  amended  to
 read as follows:
   1.    Until   December   thirty-first,   two   thousand   [twenty-two]
 TWENTY-SEVEN, accept from a customer, waste tires of  approximately  the
 same  size  and in a quantity equal to the number of new tires purchased
 or installed by the customer; and
   Until December thirty-first, two thousand  [twenty-two]  TWENTY-SEVEN,
 post  written  notice  in  a  prominent location, which must be at least
 eight and one-half inches by fourteen inches in  size  and  contain  the
 following language:
   §  2.  Subdivisions  1,  2,  3  and  paragraph (a) of subdivision 6 of
 section 27-1913 of the environmental conservation  law,  as  amended  by
 section  2  of  part E of chapter 58 of the laws of 2019, are amended to
 read as follows:
   1.   Until   December   thirty-first,   two   thousand    [twenty-two]
 TWENTY-SEVEN,  a  waste tire management and recycling fee of two dollars
 and fifty cents shall be charged on each new tire sold. The fee shall be
 paid by the purchaser to the tire service at the time the  new  tire  or
 new motor vehicle is purchased.
   The waste tire management and recycling fee does not apply to:
   (a) recapped or resold tires;
   (b) mail-order sales; or
   (c)  the  sale  of  new motor vehicle tires to a person solely for the
 purpose of resale provided the subsequent retail sale in this  state  is
 subject to such fee.
   2.    Until   December   thirty-first,   two   thousand   [twenty-two]
 TWENTY-SEVEN, the tire service shall collect the waste  tire  management
 and  recycling  fee from the purchaser at the time of the sale and shall
 S. 8008                            66                            A. 9008
 
 remit such fee to the department of taxation and finance with the  quar-
 terly report filed pursuant to subdivision three of this section.
   (a)  The  fee  imposed shall be stated as an invoice item separate and
 distinct from the selling price of the tire.
   (b) The tire service shall be entitled to retain an allowance of twen-
 ty-five cents per tire from fees collected.
   3. [Until March thirty-first, two thousand  twenty-three,  each]  EACH
 tire  service maintaining a place of business in this state shall make a
 return to the department of taxation and finance on a  quarterly  basis,
 with  the  return  for  December,  January, and February being due on or
 before the immediately following  March  thirty-first;  the  return  for
 March,  April,  and May being due on or before the immediately following
 June thirtieth; the return for June, July, and August being  due  on  or
 before the immediately following September thirtieth; and the return for
 September,  October, and November being due on or before the immediately
 following December thirty-first.
   (a) Each return shall include:
   (i) the name of the tire service;
   (ii) the address of the tire service's principal place of business and
 the address of the principal place of business (if that is  a  different
 address)  from  which the tire service engages in the business of making
 retail sales of tires;
   (iii) the name and signature of the person preparing the return;
   (iv) the total number of new tires sold at retail  for  the  preceding
 quarter and the total number of new tires placed on motor vehicles prior
 to original retail sale;
   (v) the amount of waste tire management and recycling fees due; and
   (vi)  such  other reasonable information as the department of taxation
 and finance may require.
   (b) Copies of each report shall be retained by the  tire  service  for
 three years.
   If  a  tire  service ceases business, it shall file a final return and
 remit all fees due under this title with the department of taxation  and
 finance not more than one month after discontinuing that business.
   (a) Until December thirty-first, two thousand [twenty-two] TWENTY-SEV-
 EN, any additional waste tire management and recycling costs of the tire
 service  in  excess  of the amount authorized to be retained pursuant to
 paragraph (b) of subdivision two of this section may be included in  the
 published  selling  price of the new tire, or charged as a separate per-
 tire charge on each new tire sold. When such  costs  are  charged  as  a
 separate  per-tire charge: (i) such charge shall be stated as an invoice
 item separate and distinct from the selling price of the tire; (ii)  the
 invoice shall state that the charge is imposed at the sole discretion of
 the  tire service; and (iii) the amount of such charge shall reflect the
 actual cost to the tire service for  the  management  and  recycling  of
 waste  tires accepted by the tire service pursuant to section 27-1905 of
 this title, provided however, that in no event shall such charge  exceed
 two dollars and fifty cents on each new tire sold.
   §  3.  Subdivision 3 of section 27-1913 of the environmental conserva-
 tion law, as amended by section two of this act, is amended to  read  as
 follows:
   3.  Each  tire  service  maintaining a place of business in this state
 shall make a return to the department of  taxation  and  finance  [on  a
 quarterly  basis,  with  the  return for December, January, and February
 being due on or before the immediately following March thirty-first; the
 return for March, April, and May being due on or before the  immediately
 S. 8008                            67                            A. 9008

 following  June  thirtieth;  the return for June, July, and August being
 due on or before the immediately following September thirtieth; and  the
 return  for  September, October, and November being due on or before the
 immediately following December thirty-first.
   (a) Each return shall include:
   (i) the name of the tire service;
   (ii) the address of the tire service's principal place of business and
 the  address  of the principal place of business (if that is a different
 address) from which the tire service engages in the business  of  making
 retail sales of tires;
   (iii) the name and signature of the person preparing the return;
   (iv)  the  total  number of new tires sold at retail for the preceding
 quarter and the total number of new tires placed on motor vehicles prior
 to original retail sale;
   (v) the amount of waste tire management and recycling fees due; and
   (vi) such other reasonable information as the department  of  taxation
 and finance may require.
   (b)  Copies  of  each report shall be retained by the tire service for
 three years.
   If a tire service ceases business, it shall file a  final  return  and
 remit  all fees due under this title with the department of taxation and
 finance not more than one month after discontinuing  that  business]  ON
 SUCH FORM AND INCLUDING SUCH INFORMATION AS THE COMMISSIONER OF TAXATION
 AND  FINANCE MAY REQUIRE. SUCH RETURNS SHALL BE DUE AT THE SAME TIME AND
 FOR THE SAME PERIODS AS THE SALES TAX RETURN OF SUCH  TIRE  SERVICE,  IN
 ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED THIRTY-SIX OF THE TAX LAW, AND
 PAYMENT OF ALL FEES DUE FOR SUCH PERIODS SHALL  BE  REMITTED  WITH  SUCH
 RETURNS.
   §  4.  Subdivision 5 of section 27-1913 of the environmental conserva-
 tion law, as added by section 2 of part E of chapter 686 of the laws  of
 2003, is amended to read as follows:
   5.  (A)  The  provisions of article [twenty-seven] TWENTY-EIGHT of the
 tax law, INCLUDING THE PROVISIONS RELATING TO  DEFINITIONS,  EXEMPTIONS,
 RETURNS,  PERSONAL  LIABILITY  FOR  THE  TAX, COLLECTION OF TAX FROM THE
 CUSTOMER, PAYMENT OF TAX AND THE  ADMINISTRATION  OF  THE  TAX  IMPOSED,
 shall  apply  to  the  provisions of this section in the same manner and
 with the same force and effect as if the language of  such  article  had
 been  incorporated  in full into this section and had expressly referred
 to the fee under this section, except to the extent that  any  provision
 of  such article is either inconsistent with a provision of this section
 or is not relevant to this section.  FOR PURPOSES OF THIS  SECTION,  ANY
 REFERENCE  TO  A TAX OR THE TAXES IMPOSED BY ARTICLE TWENTY-EIGHT OF THE
 TAX LAW SHALL BE DEEMED ALSO TO REFER TO THE WASTE TIRE  MANAGEMENT  AND
 RECYCLING  FEE  IMPOSED  UNDER  THE  AUTHORITY  OF THIS SECTION UNLESS A
 DIFFERENT MEANING IS CLEARLY REQUIRED.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  THE  EXEMPTIONS PROVIDED IN SECTION ELEVEN HUNDRED SIXTEEN OF THE
 TAX LAW SHALL NOT APPLY TO THIS SECTION EXCEPT WITH RESPECT TO THE ENTI-
 TIES DESCRIBED IN PARAGRAPHS ONE, TWO, THREE AND SIX OF SUBDIVISION  (A)
 OF SUCH SECTION.
   §  5.  This  act shall take effect immediately; provided that sections
 three and four of this act shall take effect on March 1, 2023; provided,
 further, that the return for the quarterly period ending on the last day
 of February, 2023 shall be due on March 31, 2023, and any fees  required
 to  be  collected  and  paid  for such period must be remitted with such
 return.
 S. 8008                            68                            A. 9008
 
                                  PART NN
 
   Section  1. Sections 1, 2, and 3 of section 1 and section 2 of part TT
 of chapter 59 of the laws of 2021 authorizing the creation of state debt
 in the amount of three billion dollars,  in  relation  to  creating  the
 environmental  bond act of 2022 "restore mother nature" for the purposes
 of environmental improvements that preserve, enhance,  and  restore  New
 York's  natural  resources  and reduce the impact of climate change; and
 providing for the submission to the people of a proposition or  question
 therefor  to  be voted upon at the general election to be held in Novem-
 ber, 2022, are amended to read as follows:
   § 1. Short title. This act shall be known and  may  be  cited  as  the
 "CLEAN  WATER,  CLEAN AIR, AND GREEN JOBS environmental bond act of 2022
 [restore mother nature]".
   § 2. Creation of state debt. The creation of state debt in  an  amount
 not   exceeding   in   the   aggregate   [three]  FOUR  billion  dollars
 [($3,000,000,000)] ($4,000,000,000)  is  hereby  authorized  to  provide
 moneys  for the single purpose of making environmental improvements that
 preserve, enhance, and restore New York's natural resources  and  reduce
 the  impact  of climate change by funding capital projects for: restora-
 tion and flood risk reduction not less  than  one  billion  TWO  HUNDRED
 MILLION  dollars  [($1,000,000,000)]  ($1,200,000,000);  open space land
 conservation and recreation up  to  [five]  SIX  hundred  fifty  million
 dollars [($550,000,000)] ($650,000,000); climate change mitigation up to
 [seven hundred] ONE BILLION ONE HUNDRED million dollars [($700,000,000)]
 ($1,100,000,000);  and,  water quality improvement and resilient infras-
 tructure  not  less  than  [five]  SIX  hundred  fifty  million  dollars
 [($550,000,000)] ($650,000,000).
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount    of    [three]    FOUR   billion   dollars   [($3,000,000,000)]
 ($4,000,000,000) for the purposes of this act, subject to the provisions
 of article 5 of the state finance law. The aggregate principal amount of
 such   bonds   shall   not   exceed   [three]   FOUR   billion   dollars
 [($3,000,000,000)]  ($4,000,000,000) excluding bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater than  [three]  FOUR
 billion  dollars [($3,000,000,000)] ($4,000,000,000) only if the present
 value of the aggregate debt service of the refunding or repayment  bonds
 to  be  issued  shall not exceed the present value of the aggregate debt
 service of the bonds to be refunded or repaid. The method for  calculat-
 ing present value shall be determined by law.
   §  2.  This  act  shall  take  effect  immediately,  provided that the
 provisions of section one of this act shall not take effect  unless  and
 until  this  act  shall have been submitted to the people at the general
 election to be held in November 2022 and shall have been approved  by  a
 majority  of all votes cast for and against it at such general election.
 Upon approval by the people, section one of this act shall  take  effect
 immediately.  The  ballots  to  be  furnished for the use of voters upon
 submission of this act shall be in the form prescribed by  the  election
 law  and  the  proposition  or question to be submitted shall be printed
 thereon in the following form, namely "To address and combat the  impact
 of climate change and damage to the environment, the "CLEAN WATER, CLEAN
 AIR,  AND  GREEN  JOBS  Environmental  Bond Act of 2022 ["Restore Mother
 Nature]" authorizes the sale of state bonds up to [three]  FOUR  billion
 S. 8008                            69                            A. 9008
 
 dollars to fund environmental protection, natural restoration, resilien-
 cy,  and clean energy projects. Shall the Environmental Bond Act of 2022
 be approved?".
   § 2. This act shall take effect immediately.
 
                                  PART OO
 
   Section  1.    The  article heading of article 58 of the environmental
 conservation law, as added by section 1 of part UU of chapter 59 of  the
 laws of 2021, is amended to read as follows:
   IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2022 "[RESTORE MOTHER
              NATURE] CLEAN WATER, CLEAN AIR, AND GREEN JOBS"
 
   §  2.  Subdivision 1 of section 58-0101 of the environmental conserva-
 tion law, as added by section 1 of part UU of chapter 59 of the laws  of
 2021, is amended to read as follows:
   1.  "Bonds" shall mean general obligation bonds issued pursuant to the
 environmental bond act of 2022 "[restore  mother  nature]  CLEAN  WATER,
 CLEAN  AIR,  AND  GREEN  JOBS" in accordance with article VII of the New
 York state constitution and article five of the state finance law.
   § 3. Section 58-0103 of the environmental conservation law,  as  added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0103. Allocation of moneys.
   The  moneys  received  by the state from the sale of bonds pursuant to
 the environmental bond act of 2022 shall be disbursed in  the  following
 amounts  pursuant  to  appropriations  as  specifically  provided for in
 titles three, five, seven, and nine of this article:
   1.  Not  less  than  one   billion   TWO   HUNDRED   MILLION   dollars
 [($1,000,000,000)]  ($1,200,000,000)  for  restoration  and  flood  risk
 reduction as set forth in title three of this article.
   2. Up to [five] SIX hundred  fifty  million  dollars  [($550,000,000)]
 ($650,000,000)  for  open  space land conservation and recreation as set
 forth in title five of this article.
   3.  Up  to  [seven]  ONE   BILLION   ONE   hundred   million   dollars
 [($700,000,000)]  ($1,100,000,000)  for climate change mitigation as set
 forth in title seven of this article.
   4.  Not  less  than  [five]  SIX   hundred   fifty   million   dollars
 [($550,000,000)] ($650,000,000) for water quality improvement and resil-
 ient infrastructure as set forth in title nine of this article.
   §  4.  Subdivision 1 of section 58-0105 of the environmental conserva-
 tion law, as added by section 1 of part UU of chapter 59 of the laws  of
 2021, is amended to read as follows:
   1.  Administer  funds generated pursuant to the environmental bond act
 of 2022 "[restore mother nature]  CLEAN  WATER,  CLEAN  AIR,  AND  GREEN
 JOBS".
   §  5.  Section 58-0301 of the environmental conservation law, as added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0301. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the environmental bond act of  2022,  not  less  than  one  billion  TWO
 HUNDRED  MILLION  dollars  [($1,000,000,000)]  ($1,200,000,000) shall be
 available for disbursements for restoration  and  flood  risk  reduction
 projects  developed  pursuant to section 58-0303 of this title. Not more
 than two hundred fifty million dollars  ($250,000,000)  of  this  amount
 S. 8008                            70                            A. 9008
 
 shall  be  available for projects pursuant to subdivision two of section
 58-0303 of this title and not less  than  one  hundred  million  dollars
 ($100,000,000)  each  shall  be available for coastal rehabilitation and
 shoreline  restoration projects and projects which address inland flood-
 ing, pursuant to paragraph a of subdivision one of  section  58-0303  of
 this title.
   §  6.  Section 58-0501 of the environmental conservation law, as added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0501. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the environmental bond act of 2022  to  be  used  for  open  space  land
 conservation  and  recreation  projects,  up to [five] SIX hundred fifty
 million dollars [($550,000,000)] ($650,000,000) shall be  available  for
 programs,  plans,  and projects developed pursuant to section 58-0503 of
 this  title,  however,  not  more  than  seventy-five  million   dollars
 ($75,000,000)  shall be made available for the creation of a fish hatch-
 ery, or the improvement, expansion, repair or  maintenance  of  existing
 fish   hatcheries,   not   less   than   two   hundred  million  dollars
 ($200,000,000) shall be made available for open space land  conservation
 projects  pursuant  to paragraph a of subdivision one of section 58-0503
 of  this  title  and  not  less  than  one   hundred   million   dollars
 ($100,000,000)  shall be made available for farmland protection pursuant
 to paragraph b of subdivision one of section 58-0503 of this title.
   § 7. Section 58-0701 of the environmental conservation law,  as  added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0701. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the  environmental  bond  act  of  2022,  up  to [seven] ONE BILLION ONE
 hundred million dollars [($700,000,000)] ($1,100,000,000) shall be  made
 available  for  disbursements  for  climate  change  mitigation projects
 developed pursuant to section 58-0703 of this title. Not less than three
 hundred fifty million dollars ($350,000,000) of  this  amount  shall  be
 available for green buildings projects.
   §  8.  Section 58-0901 of the environmental conservation law, as added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0901. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the environmental bond act of 2022 for disbursements for  state  assist-
 ance  for  water quality improvement projects as defined by title one of
 this article, not less than [five] SIX  hundred  fifty  million  dollars
 [($550,000,000)]  ($650,000,000)  shall  be  available for water quality
 improvement projects developed  pursuant  to  section  58-0903  of  this
 title.  Not less than two hundred million dollars ($200,000,000) of this
 amount shall be available for wastewater infrastructure projects  under-
 taken  pursuant  to  the New York state water infrastructure improvement
 act of 2017 pursuant to  paragraph  e  of  subdivision  one  of  section
 58-0903  of  this  title,  and not less than one hundred million dollars
 ($100,000,000) shall be  available  for  municipal  stormwater  projects
 pursuant  to  paragraph  a of subdivision one of section 58-0903 of this
 title.
   § 9. Subdivision 1 of section 58-1103 of the  environmental  conserva-
 tion  law, as added by section 1 of part UU of chapter 59 of the laws of
 2021, is amended to read as follows:
 S. 8008                            71                            A. 9008
 
   1. No later than sixty days following the end  of  each  fiscal  year,
 each department, agency, public benefit corporation, and public authori-
 ty receiving an allocation or allocations of appropriation financed from
 the [restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS envi-
 ronmental  bond act of 2022 shall submit to the commissioner in a manner
 and form prescribed by the department, the following information  as  of
 March  thirty-first  of such fiscal year, within each category listed in
 this title: the total  appropriation;  total  commitments;  year-to-date
 disbursements; remaining uncommitted balances; and a description of each
 project.
   §  10. Section 97-tttt of the state finance law, as added by section 2
 of part UU of chapter 59 of the laws of 2021,  is  amended  to  read  as
 follows:
   §  97-tttt.  [Restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN
 JOBS bond fund. 1. There is hereby established in the joint  custody  of
 the  state  comptroller  and  the commissioner of taxation and finance a
 special fund to be known as the "[restore mother  nature]  CLEAN  WATER,
 CLEAN AIR, AND GREEN JOBS bond fund".
   2.  The  state  comptroller  shall  deposit  into  the [restore mother
 nature] CLEAN WATER, CLEAN AIR, AND GREEN  JOBS  bond  fund  all  moneys
 received  by  the  state  from  the  sale of bonds and/or notes for uses
 eligible pursuant to section four of the environmental bond act of  2022
 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS".
   3.  Moneys  in the [restore mother nature] CLEAN WATER, CLEAN AIR, AND
 GREEN JOBS bond fund, following appropriation  by  the  legislature  and
 allocation  by  the  director of the budget, shall be available only for
 reimbursement of expenditures made from appropriations from the  capital
 projects  fund  for  the  purpose  of  the [restore mother nature] CLEAN
 WATER, CLEAN AIR, AND GREEN JOBS bond fund, as set forth in the environ-
 mental bond act of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR,
 AND GREEN JOBS".
   4. No moneys received by the state from the sale of bonds and/or notes
 sold pursuant to the environmental bond act  of  2022  "[restore  mother
 nature]  CLEAN  WATER,  CLEAN AIR, AND GREEN JOBS" shall be expended for
 any project until funds therefor have been  allocated  pursuant  to  the
 provisions of this section and copies of the appropriate certificates of
 approval filed with the chair of the senate finance committee, the chair
 of the assembly ways and means committee and the state comptroller.
   §  11. Subdivision 32 of section 61 of the state finance law, as added
 by section 3 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
   32. Thirty years. For the payment of "[restore  mother  nature]  CLEAN
 WATER,  CLEAN  AIR,  AND  GREEN  JOBS"  projects,  as defined in article
 fifty-eight of the environmental conservation law and undertaken  pursu-
 ant  to  a  chapter of the laws of two thousand twenty-one, enacting and
 constituting the environmental bond act of 2022 "[restore mother nature]
 CLEAN WATER, CLEAN AIR, AND GREEN JOBS". Thirty years for flood  control
 infrastructure,  other  environmental  infrastructure, wetland and other
 habitat  restoration,  water  quality  projects,  acquisition  of  land,
 including  acquisition  of real property, and renewable energy projects.
 Notwithstanding the foregoing, for the purposes  of  calculating  annual
 debt service, the state comptroller shall apply a weighted average peri-
 od  of  probable life of [restore mother nature] CLEAN WATER, CLEAN AIR,
 AND GREEN JOBS projects, including any other works  or  purposes  to  be
 financed with state debt. Weighted average period of probable life shall
 be  determined  by computing the sum of the products derived from multi-
 S. 8008                            72                            A. 9008
 
 plying the dollar value of the portion of the debt contracted  for  each
 work  or purpose (or class of works or purposes) by the probable life of
 such work or purpose (or class of works or purposes)  and  dividing  the
 resulting  sum  by the dollar value of the entire debt after taking into
 consideration any original issue premium or discount.
   § 12. Section 5 of part UU of chapter 59 of the laws of 2021  amending
 the environmental conservation law and the state finance law relating to
 the implementation of the environmental bond act of 2022 "restore mother
 nature", is amended to read as follows:
   §  5.  This  act shall take effect only in the event that section 1 of
 part TT of the chapter of the laws of 2021  enacting  the  environmental
 bond  act  of  2022 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND
 GREEN JOBS" is submitted to the people at the  general  election  to  be
 held  in  November  2022 and is approved by a majority of all votes cast
 for and against it at such election. Upon such approval, this act  shall
 take effect immediately; provided that the commissioner of environmental
 conservation  shall notify the legislative bill drafting commission upon
 the occurrence of the enactment of section 1 of part TT of  the  chapter
 of  the  laws  of  2021  enacting  the  environmental  bond  act of 2022
 "[restore mother nature] CLEAN WATER, CLEAN AIR,  AND  GREEN  JOBS",  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive  law  and  section 70-b of the public officers law. Effective imme-
 diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
 lation  necessary  for  the  implementation of the foregoing sections of
 this act are authorized [and directed] to be made and  completed  on  or
 before such effective date.
   §  13.  This act shall take effect immediately; provided, however that
 sections one, two, three, four, five, six, seven, eight, nine,  ten  and
 eleven  of  this  act shall take effect on the same date and in the same
 manner as part UU of chapter 59 of the laws of 2021, takes effect.
 
                                  PART PP
 
   Section 1.  Subdivision (a) of section 1421 of the tax law, as amended
 by section 4 of part OOO of chapter 59 of the laws of 2019,  is  amended
 to read as follows:
   (a)  From  the  taxes,  interest and penalties attributable to the tax
 imposed pursuant to section fourteen hundred two of  this  article,  the
 amount of one hundred ninety-nine million three hundred thousand dollars
 shall  be  deposited  by the comptroller in the environmental protection
 fund established pursuant to section ninety-two-s of the  state  finance
 law  for  the  fiscal year beginning April first, two thousand nine; the
 amount of one hundred nineteen  million  one  hundred  thousand  dollars
 shall  be  deposited  in  such  fund for the fiscal year beginning April
 first, two thousand ten; THE AMOUNT OF TWO HUNDRED  FIFTY-SEVEN  MILLION
 THREE  HUNDRED  FIFTY THOUSAND DOLLARS SHALL BE DEPOSITED INTO SUCH FUND
 FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-TWO;  and
 for  each  fiscal  year  thereafter. On or before June twelfth, nineteen
 hundred ninety-five and on or before the twelfth day of each month ther-
 eafter (excepting the first and second months of each fiscal year),  the
 comptroller  shall  deposit  into such fund from the taxes, interest and
 penalties collected pursuant to such section  fourteen  hundred  two  of
 this  article  which have been deposited and remain to the comptroller's
 credit in the banks, banking houses or trust companies  referred  to  in
 S. 8008                            73                            A. 9008
 
 section  one hundred seventy-one-a of this chapter at the close of busi-
 ness on the last day of the preceding month, an  amount  equal  to  one-
 tenth  of the annual amount required to be deposited in such fund pursu-
 ant  to  this  section  for  the  fiscal  year  in which such deposit is
 required to be made. In the event such amount  of  taxes,  interest  and
 penalties  so  remaining  to  the  comptroller's credit is less than the
 amount required to be deposited in such  fund  by  the  comptroller,  an
 amount  equal  to  the  shortfall shall be deposited in such fund by the
 comptroller with subsequent deposits, as soon as the revenue  is  avail-
 able.  Beginning  April  first, nineteen hundred ninety-seven, the comp-
 troller shall transfer monthly to the clean water/clean air fund  estab-
 lished  pursuant  to  section ninety-seven-bbb of the state finance law,
 all moneys remaining from such taxes, interest and  penalties  collected
 that are not required for deposit in the environmental protection fund.
   § 2. This act shall take effect immediately.
 
                                  PART QQ
 
   Section  1. Subdivisions 2, 3 and 7 of section 24-0105 of the environ-
 mental conservation law, as added by chapter 614 of the  laws  of  1975,
 subdivision  7  as  renumbered  by  chapter 654 of the laws of 1977, are
 amended to read as follows:
   2. Considerable acreage of freshwater wetlands in  the  state  of  New
 York  has  been  lost,  despoiled  or  impaired by unregulated draining,
 dredging, filling,  excavating,  building,  pollution  or  other  [acts]
 ACTIVITIES  inconsistent  with  the  natural  uses of such areas. [Other
 freshwater] FRESHWATER wetlands are in jeopardy of being lost, despoiled
 or impaired by such [unrelated acts] ACTIVITIES.
   3. Recurrent flooding aggravated or caused by the loss  of  freshwater
 wetlands  has  serious  effects upon natural ecosystems AND COMMUNITIES.
 THE INCREASING SEVERITY AND DURATION OF STORM-RELATED  FLOODING  DUE  TO
 CLIMATE  CHANGE, WHICH HAS CAUSED BILLIONS OF DOLLARS OF PROPERTY DAMAGE
 ACROSS THE STATE, MAKES PROTECTION OF ALL  FRESHWATER  WETLANDS  IN  THE
 STATE OF VITAL IMPORTANCE.
   7. Any loss of freshwater wetlands deprives the people of the state of
 some  or  all  of  the  many  and  multiple  benefits to be derived from
 wetlands, to wit:
   (a) flood and storm control by the hydrologic absorption  and  storage
 capacity of freshwater wetlands;
   (b)  wildlife  habitat  by  providing  breeding,  nesting  and feeding
 grounds and cover for many forms of wildlife, wildfowl  and  shorebirds,
 including  migratory wildfowl and rare, ENDANGERED OR THREATENED species
 [such as the bald eagle and osprey];
   (c) protection of subsurface water resources and provision  for  valu-
 able watersheds and recharging ground water supplies;
   (d)  recreation  by  providing  areas  for  hunting, fishing, boating,
 hiking, bird watching, photography, camping and other uses;
   (e) pollution treatment by serving as biological and  chemical  oxida-
 tion basins;
   (f)  erosion  control  by serving as sedimentation areas and filtering
 basins, absorbing silt and organic matter and  protecting  channels  and
 harbors;
   (g)  education and scientific research by providing readily accessible
 outdoor bio-physical laboratories, living classrooms and  vast  training
 and education resources; [and]
 S. 8008                            74                            A. 9008
 
   (h)  open space and aesthetic appreciation by providing often the only
 remaining open areas along crowded river fronts and coastal Great  Lakes
 regions; [and]
   (i) sources of nutrients in freshwater food cycles and nursery grounds
 and sanctuaries for freshwater fish[.];
   (J)  SUPPORTING A DIVERSITY OF PLANT SPECIES THAT ARE RARE, ENDANGERED
 OR THREATENED, OR EXPLOITABLY VULNERABLE AS DEFINED IN SECTION 9-1503 OF
 THIS CHAPTER; AND
   (K) SUPPORTING A DIVERSITY OF COMMUNITIES OF PLANTS AND  ANIMALS  THAT
 ARE DEEMED BY THE COMMISSIONER TO BE RARE IN THE STATE OR IN A REGION OF
 THE STATE.
   §  2.  The opening paragraph and paragraphs (c) and (d) of subdivision
 1, and subdivisions 2, 3 and 8 of section 24-0107 of  the  environmental
 conservation  law,  as  amended  by chapter 654 of the laws of 1977, are
 amended and two new subdivisions 9 and 10 are added to read as follows:
   "Freshwater wetlands" means lands and waters of the state [as shown on
 the freshwater wetlands map] THAT HAVE AN AREA OF AT  LEAST  TWELVE  AND
 FOUR-TENTHS ACRES OR, IF LESS THAN TWELVE AND FOUR-TENTHS ACRES IN SIZE,
 ARE  OF  UNUSUAL IMPORTANCE, AND which contain any or all of the follow-
 ing:
   (c) lands and waters substantially enclosed by aquatic or semi-aquatic
 vegetation as set forth in paragraph (a) OF THIS SUBDIVISION or by  dead
 vegetation  as set forth in paragraph (b) OF THIS SUBDIVISION, the regu-
 lation of which is necessary to protect and  preserve  the  aquatic  and
 semi-aquatic vegetation; and
   (d) the waters overlying the areas set forth in PARAGRAPHS (a) and (b)
 OF  THIS  SUBDIVISION  and  the  lands  underlying PARAGRAPH (c) OF THIS
 SUBDIVISION.
   2. "Freshwater wetlands map" shall  mean  a  map  promulgated  by  the
 department  pursuant  to  section  24-0301  of this article on which are
 indicated the boundaries of any freshwater wetlands. FRESHWATER  WETLAND
 MAPS DEPICT THE APPROXIMATE LOCATION OF WETLANDS AND ARE NOT NECESSARILY
 DETERMINATIVE  AS  TO  WHETHER  A PERMIT IS REQUIRED PURSUANT TO SECTION
 24-0701 OF THIS ARTICLE. THERE IS A REBUTTABLE PRESUMPTION  THAT  MAPPED
 AND  UNMAPPED  AREAS  MEETING  THE DEFINITION OF A FRESHWATER WETLAND IN
 THIS SECTION ARE REGULATED AND  SUBJECT  TO  PERMIT  REQUIREMENTS.  THIS
 PRESUMPTION  MAY BE REBUTTED BY PRESENTING INFORMATION TO THE DEPARTMENT
 THAT THE AREA DOES NOT MEET THE DEFINITION CONTAINED IN THIS SECTION.  A
 WETLAND  DELINEATION BY THE DEPARTMENT, OR A VERIFICATION BY THE DEPART-
 MENT OF A WETLAND DELINEATION BY ANOTHER PARTY, IS REQUIRED TO  IDENTIFY
 THE REGULATED FRESHWATER WETLAND BOUNDARY IN A PARTICULAR LOCATION.
   3.  "Boundaries of a freshwater wetland" shall mean the outer limit of
 the vegetation specified in paragraphs (a) and (b) of subdivision one of
 THIS section [24-0107] and of the lands and waters  specified  in  para-
 graph (c) of such subdivision.
   8.  "Pollution" shall mean the presence in the environment of [man-in-
 duced] HUMAN-INDUCED conditions, or contaminants in quantities or  char-
 acteristics  which  are or may be injurious to human, plant or wildlife,
 or other animal life or to property.
   9. "UNUSUAL IMPORTANCE" SHALL MEAN A FRESHWATER WETLAND, REGARDLESS OF
 SIZE, THAT POSSESSES ONE OR MORE OF  THE  FOLLOWING  CHARACTERISTICS  AS
 DETERMINED BY THE DEPARTMENT:
   (A)  IT  IS  LOCATED  IN  A WATERSHED THAT HAS EXPERIENCED SIGNIFICANT
 FLOODING IN THE PAST, OR IS EXPECTED TO EXPERIENCE SIGNIFICANT  FLOODING
 IN THE FUTURE FROM SEVERE STORM EVENTS RELATED TO CLIMATE CHANGE;
 S. 8008                            75                            A. 9008
 
   (B)  IT  IS LOCATED WITHIN AN URBANIZED AREA, AS DEFINED BY THE UNITED
 STATES CENSUS BUREAU;
   (C)  IT  CONTAINS  A PLANT SPECIES OCCURRING IN FEWER THAN THIRTY-FIVE
 SITES STATEWIDE OR HAVING FEWER THAN FIVE  THOUSAND  INDIVIDUALS  STATE-
 WIDE;
   (D)  IT CONTAINS HABITAT FOR AN ESSENTIAL BEHAVIOR OF AN ENDANGERED OR
 THREATENED SPECIES OR A SPECIES OF  SPECIAL  CONCERN  AS  DEFINED  UNDER
 SECTION  11-0535  OF  THIS  CHAPTER  OR  LISTED AS A SPECIES OF GREATEST
 CONSERVATION NEED IN NEW YORK'S WILDLIFE ACTION PLAN;
   (E) IT IS CLASSIFIED BY THE DEPARTMENT AS A CLASS I WETLAND;
   (F) IT WAS PREVIOUSLY CLASSIFIED AND MAPPED BY  THE  DEPARTMENT  AS  A
 WETLAND OF UNUSUAL LOCAL IMPORTANCE; OR
   (G)  IT  IS DETERMINED BY THE COMMISSIONER TO BE OF SIGNIFICANT IMPOR-
 TANCE TO PROTECTING THE STATE'S WATER QUALITY.
   10. "DELINEATION" SHALL MEAN A PRECISE REPRESENTATION OF  A  REGULATED
 FRESHWATER  WETLAND  AS  DEFINED  IN  SUBDIVISIONS ONE AND THREE OF THIS
 SECTION.
   § 3. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the  environ-
 mental conservation law are REPEALED.
   §  4.  Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
 conservation law, subdivision 6 as amended by chapter 16 of the laws  of
 2010  and subdivision 7 as amended and subdivision 8 as added by chapter
 654 of the laws of 1977, are amended to read as follows:
   [6.] 1. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section, the commissioner shall supervise the maintenance of [such boun-
 dary]  FRESHWATER  WETLANDS maps, which shall be available to the public
 [for inspection and examination at the regional office of the department
 in which the wetlands are wholly or partly located and in the office  of
 the clerk of each county in which each such wetland or a portion thereof
 is  located]  ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
 the map [thereafter to  clarify  the  boundaries  of  the  wetlands,  to
 correct  any  errors  on  the map, to effect any additions, deletions or
 technical changes on the map, and to reflect changes as have occurred as
 a result of the granting of permits pursuant to section 24-0703 of  this
 article,  or  natural  changes  which may have occurred through erosion,
 accretion, or otherwise. Notice of such readjustment shall be  given  in
 the same manner as set forth in subdivision five of this section for the
 promulgation of final freshwater wetlands maps. In addition, at the time
 notice  is  provided  pursuant  to subdivision five of this section, the
 commissioner shall update any digital image of the  map  posted  on  the
 department's  website  to reflect such readjustment] AT ANY TIME TO MORE
 ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
   [7.] 2. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section,  the  commissioner  may,  upon  [his] THEIR own initiative, and
 shall, upon a written request by a landowner whose  land  or  a  portion
 thereof may be included within a wetland, or upon the written request of
 another  person or persons or an official body whose interests are shown
 to be affected, cause to be delineated  [more  precisely]  the  boundary
 line  or lines of a freshwater wetland or a portion thereof.  [Such more
 precise delineation of a freshwater wetland boundary line or lines shall
 be of appropriate scale and sufficient clarity to permit the ready iden-
 tification of individual buildings and of other  major  man-made  struc-
 tures or facilities or significant geographical features with respect to
 the  boundary  of any freshwater wetland.] The commissioner shall under-
 take to delineate the boundary of a particular wetland or wetlands, or a
 particular part of the boundary thereof  only  upon  a  showing  by  the
 S. 8008                            76                            A. 9008
 
 applicant therefor of good cause for such [more precise] delineation and
 the establishment of such [more precise] line.
   [8.]  3. The supervision of the maintenance of any freshwater wetlands
 map or portion thereof applicable  to  wetlands  within  the  Adirondack
 park, the readjustment and precise delineation of wetland boundary lines
 and  the  other  functions  and  duties  ascribed to the commissioner by
 subdivisions [six and seven] ONE  AND  TWO  of  this  section  shall  be
 performed  by  the  Adirondack  park  agency, which shall make such maps
 available [for public inspection and examination at its headquarters] ON
 THE AGENCY'S WEBSITE.
   § 5. Subdivisions 1 and 4 of  section  24-0701  of  the  environmental
 conservation law, subdivision 1 as amended by chapter 654 of the laws of
 1977  and  subdivision  4 as amended by chapter 697 of the laws of 1979,
 are amended to read as follows:
   1. [After issuance of the official  freshwater  wetlands  map  of  the
 state,  or  of  any  selected section or region thereof, any] ANY person
 desiring to conduct ACTIVITIES on freshwater wetlands [as so  designated
 thereon  any of the regulated activities set forth in subdivision two of
 this section], OR THE REGULATED AREAS ADJACENT  TO  THESE  WETLANDS  SET
 FORTH    IN SUBDIVISION  TWO  OF  THIS  SECTION, must obtain a permit as
 provided in this title.
   4. [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of  farm-
 ers  and  other  landowners  in  grazing  and watering livestock, making
 reasonable use of water resources, harvesting natural  products  of  the
 wetlands,  selectively  cutting  timber,  draining  land or wetlands for
 growing agricultural products and  otherwise  engaging  in  the  use  of
 wetlands  or  other  land  for  growing  agricultural  products shall be
 excluded from regulated activities and shall not require a permit  under
 subdivision  one  [hereof]  OF  THIS SECTION, except that structures not
 required for enhancement or maintenance of the agricultural productivity
 of the land and any filling activities shall not be excluded  hereunder,
 and  provided  that  the use of land [designated as a freshwater wetland
 upon the freshwater wetlands map at the  effective  date  thereof]  THAT
 MEETS  THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF THIS
 ARTICLE for uses other than those referred to in this subdivision  shall
 be  subject  to the provisions of this article.  ALL ACTIVITIES ON LANDS
 THAT MEET THE DEFINITION OF A FRESHWATER WETLAND SHALL BE SUBJECT TO THE
 PROVISIONS OF THIS ARTICLE ONCE AGRICULTURAL ACTIVITIES CEASE.
   § 6. Subdivision 5 of section 24-0703 of the  environmental  conserva-
 tion  law,  as amended by section 38 of part D of chapter 60 of the laws
 of 2012, is amended to read as follows:
   5. [Prior to the promulgation of the final freshwater wetlands map  in
 a  particular  area  and  the  implementation  of  a freshwater wetlands
 protection law or ordinance, no person shall conduct,  or  cause  to  be
 conducted,  any  activity  for  which a permit is required under section
 24-0701 of this title on any freshwater wetland unless he has obtained a
 permit from the commissioner under this section.] Any person may inquire
 of the department as to whether or not a given parcel of land  [will  be
 designated]  INCLUDES  a  freshwater  wetland subject to regulation OR A
 REGULATED FRESHWATER WETLAND ADJACENT AREA. The department shall give  a
 definite answer in writing within [thirty] SIXTY days of such request as
 to  [whether]  THE  STATUS OF such parcel [will or will not be so desig-
 nated].  Provided that, in the event that weather or  ground  conditions
 prevent the department from making a determination within [thirty] SIXTY
 days,  it may extend such period until a determination can be made. Such
 answer in the affirmative shall be reviewable; such  an  answer  in  the
 S. 8008                            77                            A. 9008
 
 negative  shall be a complete defense to the enforcement of this article
 as to such parcel of land FOR A PERIOD OF FIVE YEARS FROM THE  DATE  THE
 DEPARTMENT  ISSUES  THE  NEGATIVE ANSWER. [The commissioner may by regu-
 lation  adopted  after  public  hearing  exempt categories or classes of
 wetlands or individual wetlands which he determines not to  be  critical
 to the furtherance of the policies and purposes of this article.]
   §  7.  Subdivision 1 of section 24-0901 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  [Upon  completion of the freshwater wetlands map, the] THE commis-
 sioner shall confer with local government officials in  each  region  in
 which  the  inventory  has been conducted to establish a program for the
 protection of the freshwater wetlands of the state.
   § 8. Subdivisions 1 and 5 of  section  24-0903  of  the  environmental
 conservation  law,  as  added  by  chapter  614 of the laws of 1975, are
 amended to read as follows:
   1. [Upon completion of the freshwater wetlands map of the state, or of
 any selected section or region  thereof,  the]  THE  commissioner  shall
 [proceed  to] classify freshwater wetlands so designated thereon accord-
 ing  to their most appropriate uses, in light of the values set forth in
 section 24-0105 of this article  and  the  present  conditions  of  such
 wetlands.  The  commissioner  shall determine what uses of such wetlands
 are most compatible with the foregoing and shall  prepare  minimum  land
 use regulations to permit only such compatible uses. The classifications
 may cover freshwater wetlands in more than one governmental subdivision.
 Permits pursuant to section 24-0701 of this article are required whether
 or not a classification has been promulgated.
   5.  Prior to the adoption of any land use regulations governing fresh-
 water wetlands, the commissioner shall hold a public hearing thereon  in
 the area in which the affected freshwater wetlands are located, and give
 fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
 OR  BY  publication  at  least once in a newspaper having general circu-
 lation in the area of the local government  involved.  The  commissioner
 shall  promulgate the regulations within thirty days of such hearing and
 POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish  such  order  [at
 least once] in a newspaper having general circulation in the area of the
 local  government  affected  and  make  such  plan  available for public
 inspection and review; such order shall not  take  effect  until  thirty
 days after the filing thereof with the clerk of the county in which such
 wetland is located.
   §  9.  Section 24-1305 of the environmental conservation law, as added
 by chapter 771 of the laws of 1976, is amended to read as follows:
 § 24-1305. Applicability.
   The provisions of this article  shall  not  apply  to  any  land  use,
 improvement  or  development  for  which  final approval shall have been
 obtained prior to the effective date of  this  article  from  the  local
 governmental authority or authorities having jurisdiction over such land
 use. As used in this section, the term "final approval" shall mean[:
   (a)  in the case of the subdivision of land, conditional approval of a
 final plat as the term is defined in section two hundred seventy-six  of
 the  town  law, and approval as used in section 7-728 of the village law
 and section thirty-two of the general cities law;
   (b) in the case of a site plan not involving the subdivision of  land,
 approval by the appropriate body or office of a city, village or town of
 the site plan; and
 S. 8008                            78                            A. 9008

   (c)  in  those cases not covered by subdivision (a) or (b) above,] the
 issuance of a building permit or other authorization for  the  commence-
 ment  of  the  use,  improvement or development for which such permit or
 authorization was issued or in those  local  governments  which  do  not
 require  such  permits or authorizations, the actual commencement of the
 use, improvement or development of the land.
   § 10. Subdivision 2 of section 34-0104 of the environmental  conserva-
 tion  law,  as  added  by chapter 841 of the laws of 1981, is amended to
 read as follows:
   2. Upon completion of  a  preliminary  identification  of  an  erosion
 hazard  area, the commissioner or [his] THEIR designated hearing officer
 shall hold a public hearing in a place reasonably  accessible  to  resi-
 dents  of  the  affected  area in order to afford an opportunity for any
 person to  propose  changes  in  such  preliminary  identification.  The
 commissioner shall [give notice of such hearing to each owner of record,
 as shown on the latest completed tax assessment rolls, of lands included
 within  such  area, and also to the chief executive officer and clerk of
 each local government within the boundaries of which any portion of such
 area may be located, by certified mail at least thirty days prior to the
 date set for such hearing, and shall insure] ENSURE that a copy  of  the
 preliminary  identification  is  available  for  public  inspection at a
 convenient location [in such local government]. The  commissioner  shall
 also  cause  notice  of  such hearing to be published at least once, not
 more than thirty days nor fewer than ten days before the  date  set  for
 such  hearing,  in  at least one newspaper having general circulation in
 the area involved and in the environmental notice  publication  provided
 for under section 3-0306 of this chapter.
   §  11. Subdivision 3 of section 34-0104 of the environmental conserva-
 tion law, as added by chapter 841 of the laws of  1981,  is  amended  to
 read as follows:
   3.  After  considering  the  testimony  given at such hearings and the
 potential erosion hazard in accordance with the purposes and policies of
 this article, and after consultation with  affected  local  governments,
 the  commissioner  shall  issue  the final identification of the erosion
 hazard areas. Such final identification shall  not  be  made  less  than
 sixty  days  from the date of the public hearing required by subdivision
 two hereof. A copy of such final identification shall be  filed  in  the
 office  of  the clerk of each local government in which such area or any
 portion thereof is located. Notice [that such final  identification  has
 been made shall be given each owner of lands included within the erosion
 hazard  area,  as  such  ownership  is shown on the latest completed tax
 assessment rolls, by certified mail in any case where a notice by certi-
 fied mail was not sent pursuant to subdivision two of this section,  and
 in all other cases by first class mail. Such notice] shall also be given
 at  such  time  to  the chief executive officer of each local government
 within the boundaries of which such erosion hazard area or  any  portion
 thereof is located.
   §  12. Subdivision 8 of section 70-0117 of the environmental conserva-
 tion law, as added by section 1 of part AAA of chapter 59 of the laws of
 2009, is amended to read as follows:
   8. (a) All persons required to obtain a  permit  from  the  department
 pursuant  to section 24-0701 of this chapter shall submit to the depart-
 ment an application fee in an amount not to exceed the following:
   (i) [fifty] ONE HUNDRED dollars per application for a  [permit  for  a
 minor  project as defined in this article or] modification to any exist-
 ing permit issued pursuant to section 24-0701 of this chapter;
 S. 8008                            79                            A. 9008
 
   (ii) [fifty] THREE HUNDRED dollars per application for [a permit for a
 residential project defined as associated with] one  NEW  single  family
 dwelling and customary appurtenances thereto;
   (iii)  [one]  FIVE  hundred  dollars  per application for NEW MULTIPLE
 SINGLE FAMILY DWELLINGS, NEW  multiple  family  dwelling  and  customary
 appurtenances thereto;
   (iv)  [two] ONE THOUSAND DOLLARS PER APPLICATION FOR NEW COMMERCIAL OR
 INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
    (V) ONE hundred dollars per application for a permit  for  any  other
 project as defined in this article.
   (b) All persons required to obtain a permit from the department pursu-
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount not to exceed the following:
   (i)  [two]  THREE  hundred  dollars per application for a permit for a
 minor project as defined in this article or modification to any existing
 permit issued pursuant to section 25-0402 of this chapter;
   (ii) [nine hundred] TWO THOUSAND DOLLARS PER APPLICATION FOR  SUBDIVI-
 SION OF LAND OR NEW COMMERCIAL OR INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
   (III)  ONE THOUSAND dollars per application for a permit for a project
 as defined in this article.
   (c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
 subdivision shall be deposited [into the environmental  protection  fund
 pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
 OF  THE  CONSERVATION  FUND. FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  MARINE
 RESOURCES ACCOUNT OF THE CONSERVATION FUND.
   (D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
 REQUIRED FOR ANY STATE DEPARTMENT.
   §  13.  Subdivisions  1  and 2 of section 71-2303 of the environmental
 conservation law, as amended by chapter 99 of  the  laws  of  2010,  are
 amended to read as follows:
   1. [Administrative] CIVIL sanctions. A. Any person who violates, diso-
 beys or disregards any provision of article twenty-four, including title
 five and section 24-0507 thereof or any rule or regulation, local law or
 ordinance,  permit  or order issued pursuant thereto, shall be liable to
 the people of the state for a civil penalty  of  not  to  exceed  eleven
 thousand dollars for every such violation, to be assessed, after a hear-
 ing  or  opportunity  to be heard upon due notice and with the rights to
 specification of the charges and representation by counsel at such hear-
 ing, by the commissioner or local government OR IN AN  ACTION  INITIATED
 BY  THE ATTORNEY GENERAL PURSUANT TO SECTION 71-2305 OF THIS TITLE OR ON
 THE ATTORNEY GENERAL'S OWN INITIATIVE.  EACH VIOLATION SHALL BE A  SEPA-
 RATE  AND DISTINCT VIOLATION AND, IN THE CASE OF A CONTINUING VIOLATION,
 EACH DAY'S CONTINUANCE THEREOF SHALL BE DEEMED A SEPARATE  AND  DISTINCT
 VIOLATION. Such penalty ASSESSED BY THE COMMISSIONER OR LOCAL GOVERNMENT
 may  be  recovered  in  an action brought by the attorney general at the
 request and in the name of the commissioner or local government  in  any
 court  of  competent jurisdiction. Such civil penalty may be released or
 compromised by the commissioner or local government  before  the  matter
 has  been  referred  to  the attorney general; and where such matter has
 been referred to the attorney general, any such penalty may be  released
 or  compromised  and  any  action  commenced  to recover the same may be
 settled and discontinued by the attorney general with the consent of the
 commissioner or local government. In addition, the commissioner or local
 government shall have power, following a  hearing  held  in  conformance
 with  the  procedures  set  forth in section 71-1709 of this article, to
 S. 8008                            80                            A. 9008
 
 direct the violator to cease [his violation of] VIOLATING the act and to
 restore the affected freshwater wetland to its condition  prior  to  the
 violation,  insofar  as  that  is  possible within a reasonable time and
 under  the supervision of the commissioner or local government. Any such
 order of the commissioner or local government shall be enforceable in an
 action brought by the attorney general at the request and in the name of
 the commissioner or local government in any court of competent jurisdic-
 tion.  Any civil penalty or order issued by the  commissioner  or  local
 government  pursuant  to  this  subdivision  shall  be  reviewable  in a
 proceeding pursuant to article seventy-eight of the civil  practice  law
 and rules.
   B. UPON DETERMINING THAT SIGNIFICANT DAMAGE TO THE FUNCTIONS AND BENE-
 FITS OF A FRESHWATER  WETLAND IS OCCURRING OR IS IMMINENT AS A RESULT OF
 ANY  VIOLATION OF ARTICLE TWENTY-FOUR OF THIS CHAPTER, INCLUDING BUT NOT
 LIMITED TO (I) ACTIVITY TAKING PLACE REQUIRING A  PERMIT  UNDER  ARTICLE
 TWENTY-FOUR  OF THIS CHAPTER BUT FOR WHICH NO PERMIT HAS BEEN GRANTED OR
 (II) FAILURE ON THE PART OF A PERMITTEE TO ADHERE TO PERMIT  CONDITIONS,
 THE  COMMISSIONER  OR  LOCAL  GOVERNMENT  SHALL HAVE POWER TO DIRECT THE
 VIOLATOR TO CEASE AND DESIST FROM VIOLATING THE ACT.  IN SUCH CASES  THE
 VIOLATOR SHALL BE PROVIDED AN OPPORTUNITY TO BE HEARD WITHIN TEN DAYS OF
 RECEIPT OF THE NOTICE TO CEASE AND DESIST.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-four of this chapter, including any rule or regulation, local
 law or ordinance, permit or order issued  pursuant  thereto,  shall,  in
 addition,  for the first offense, be guilty of a violation punishable by
 a fine of not less than two thousand nor more than [four] FIVE  thousand
 dollars;  for a second and each subsequent offense he shall be guilty of
 a misdemeanor punishable by a fine of not less than  four  thousand  nor
 more  than [seven] TEN thousand dollars or a term of imprisonment of not
 less than fifteen days nor more than six months or both. [Instead of] IN
 ADDITION TO these punishments, any offender may be punishable  by  being
 ordered  by  the court to restore the affected freshwater wetland to its
 condition prior to the offense, insofar as that is possible.  The  court
 shall  specify a reasonable time for the completion of such restoration,
 which shall be effected under the supervision  of  the  commissioner  or
 local government.  Each offense shall be a separate and distinct offense
 and, in the case of a continuing offense, each day's continuance thereof
 shall be deemed a separate and distinct offense.
   §  14. Subdivision 1 of section 71-2305 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  The  attorney  general,  upon  [his]  THEIR own initiative or upon
 complaint of the  commissioner  or  local  government,  shall  prosecute
 persons  alleged to have violated [any such order of the commissioner or
 local government pursuant to] article twenty-four OF THIS CHAPTER.
   § 15. The title heading of title 25 of article 71 of the environmental
 conservation law, as added by chapter  182  of  the  laws  of  1975,  is
 amended to read as follows:
                  ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
 
   §  16. Section 71-2501 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2501. Applicability of this title.
   The provisions of this title shall be applicable to the enforcement of
 article twenty-five AND ARTICLE THIRTY-FOUR.
 S. 8008                            81                            A. 9008
 
   § 17. Section  71-2503  of  the  environmental  conservation  law,  as
 amended  by  chapter  666  of  the  laws  of 1989, is amended to read as
 follows:
 § 71-2503. Violation; penalties.
   1. Administrative sanctions.
   a.  Any  person  who violates, disobeys or disregards any provision of
 article twenty-five INCLUDING ANY RULE OR REGULATION, LOCAL LAW OR ORDI-
 NANCE, PERMIT OR ORDER ISSUED PURSUANT THERETO, OR  ARTICLE  THIRTY-FOUR
 shall be liable to the people of the state for a civil penalty of not to
 exceed  ten  thousand  dollars for every such violation, to be assessed,
 after a hearing or opportunity to be heard, by  the  commissioner.  Each
 violation shall be a separate and distinct violation and, in the case of
 a continuing violation, each day's continuance thereof shall be deemed a
 separate  and  distinct  violation.   The penalty may be recovered in an
 action brought by the commissioner in any court of  competent  jurisdic-
 tion.  Such  civil penalty may be released or compromised by the commis-
 sioner before the matter has been referred to the attorney general;  and
 where  such  matter  has been referred to the attorney general, any such
 penalty may be released or  compromised  and  any  action  commenced  to
 recover the same may be settled and discontinued by the attorney general
 with the consent of the commissioner.
   b. Upon determining that significant damage to the functions and bene-
 fits  of  tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
 is imminent as a result of any violation of article twenty-five OR ARTI-
 CLE THIRTY-FOUR, including but not limited to (i) activity taking  place
 requiring  a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
 for which no permit has been granted or (ii) failure on the  part  of  a
 permittee  to adhere to permit conditions, the [commissioner] DEPARTMENT
 shall have power to direct the violator to cease and desist from violat-
 ing the act. In such cases the violator shall be provided an opportunity
 to be heard within ten days of  receipt  of  the  notice  to  cease  and
 desist.
   c.  Following a hearing held pursuant to section 71-1709 of this arti-
 cle, the commissioner shall have power to direct the violator  to  cease
 and  desist  from  violating  the  act and to restore the affected tidal
 wetland or area immediately adjacent thereto OR COASTAL  EROSION  HAZARD
 AREA  to its condition prior to the violation, insofar as that is possi-
 ble within a reasonable time and under the supervision  of  the  commis-
 sioner.  Any order of the commissioner shall be enforceable in an action
 brought by the commissioner in any court of competent jurisdiction.  Any
 civil penalty or order issued by the commissioner under this subdivision
 shall  be  reviewable in a proceeding under article seventy-eight of the
 civil practice law and rules.
   2. Criminal sanctions. Any person who violates any provision of  arti-
 cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
 offense,  be guilty of a violation punishable by a fine of not less than
 five hundred nor more than five thousand dollars; for a second and  each
 subsequent offense such person shall be guilty of a misdemeanor punisha-
 ble  by  a fine of not less than one thousand nor more than ten thousand
 dollars or a term of imprisonment of not less than fifteen days nor more
 than six months or both. In addition to or instead of these punishments,
 any offender shall be punishable  by  being  ordered  by  the  court  to
 restore  the affected tidal wetland or area immediately adjacent thereto
 OR COASTAL EROSION HAZARD AREA to its condition prior  to  the  offense,
 insofar  as  that is possible. The court shall specify a reasonable time
 for the completion of the restoration, which shall be effected under the
 S. 8008                            82                            A. 9008
 
 supervision of the commissioner. Each offense shall be  a  separate  and
 distinct  offense  and,  in the case of a continuing offense, each day's
 continuance thereof shall be deemed a separate and distinct offense.
   3.  The  proceeds  of  any penalty or fine assessed under this section
 shall be deposited to the credit of the marine resources account of  the
 conservation fund.
   §  18.  Section  71-2505  of  the  environmental  conservation law, as
 amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
 follows:
 § 71-2505. Enforcement.
   The  attorney general, on [his] THEIR own initiative or at the request
 of the commissioner, shall prosecute persons who violate  article  twen-
 ty-five  OR  ARTICLE  THIRTY-FOUR.  In addition the attorney general, on
 [his] THEIR own initiative or at the request of the commissioner,  shall
 have  the right to recover a civil penalty of up to ten thousand dollars
 for every violation of any provision of such [article] ARTICLES, and  to
 seek  equitable relief to restrain any violation or threatened violation
 of such [article]  ARTICLES  and  to  require  the  restoration  of  any
 affected  tidal  wetland or area immediately adjacent thereto OR COASTAL
 EROSION HAZARD AREA to its condition prior to the violation, insofar  as
 that  is possible, within a reasonable time and under the supervision of
 the commissioner. In the case of  a  continuing  violation,  each  day's
 continuance thereof shall be deemed a separate and distinct violation.
   § 19.  Section 71-2507 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREAS.
   Where  any  tidal wetlands OR COASTAL EROSION HAZARD AREAS are subject
 to pollution, the commissioner  and  attorney  general  shall  take  all
 appropriate action to abate the pollution. In addition, the commissioner
 may  restrict  or  order  cessation  of  solid waste disposal, deep well
 disposal, or liquid waste disposal where such is polluting a given  area
 of tidal wetland OR COASTAL EROSION HAZARD AREA. Where pesticides, chem-
 ical  products,  or  fertilizer  residues  are the polluting agents, the
 commissioner shall confer with other  appropriate  public  officials  to
 limit  the  use  of  such  substances at their source; after appropriate
 consultations, the commissioner may make such rules and  regulations  as
 [he  deems]  THEY  DEEM  necessary under section 3-0301 of [the environ-
 mental conservation law] THIS CHAPTER.
   § 20. This act shall take effect immediately, provided, however,  that
 sections  two, three, four, five, six, seven and eight of this act shall
 take effect January 1, 2025.

                                  PART RR
 
   Section 1. Legislative intent. The legislature  finds  the  amount  of
 waste generated in New York is a threat to the environment. The legisla-
 ture further finds and declares that it is in the public interest of the
 state  of  New  York  for packaging and paper products producers to take
 responsibility for the development and implementation of  strategies  to
 promote  reduction,  reuse, recovery, and recycling of covered materials
 and products through investments in the  end-of-product-life  management
 of printed paper and product packaging.
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 33 to read as follows:
                                 TITLE 33
                   EXTENDED PRODUCER RESPONSIBILITY ACT
 S. 8008                            83                            A. 9008
 
 SECTION 27-3301. DEFINITIONS.
         27-3303. NEEDS  ASSESSMENT  AND ESTABLISHMENT OF A PACKAGING AND
                    PAPER PRODUCTS PROGRAM.
         27-3305. ADVISORY COMMITTEE.
         27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
         27-3309. REPORTING REQUIREMENTS AND AUDITS.
         27-3311. ANTITRUST PROTECTIONS.
         27-3313. PENALTIES.
         27-3315. STATE PREEMPTION.
         27-3317. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
         27-3319. EXTENDED  PRODUCER  RESPONSIBILITY  REPORTING  TO   THE
                    GOVERNOR AND LEGISLATURE.
         27-3321. SEVERABILITY.
 § 27-3301. DEFINITIONS.
   WHEN USED IN THIS TITLE:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES A PROD-
 UCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE OWNER
 OF THE BRAND.
   2.  "CONSUMER" MEANS ANY PERSON LOCATED IN THE STATE, WHO OWNS OR USES
 PACKAGING AND PAPER PRODUCTS, INCLUDING, BUT NOT LIMITED  TO,  A  PERSON
 RESIDING  IN  A SINGLE OR MULTI-FAMILY RESIDENTIAL UNIT, A SCHOOL, STATE
 OR LOCAL AGENCY, BUSINESS, OR INSTITUTION.
   3. "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION.
   4. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" MEANS A PROGRAM FINANCED
 AND  IMPLEMENTED  BY  PRODUCERS,  EITHER  INDIVIDUALLY,  OR COLLECTIVELY
 THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION, THAT PROVIDES  FOR,  BUT
 IS  NOT  LIMITED  TO,  THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING,
 PROPER END-OF-LIFE MANAGEMENT, OR AN APPROPRIATE COMBINATION THEREOF, OF
 UNWANTED PACKAGING AND PAPER PRODUCTS.
   5. "PACKAGING AND PAPER PRODUCTS" COVERED BY THIS TITLE  INCLUDE,  BUT
 ARE NOT LIMITED TO, THE FOLLOWING:
   (A)  PACKAGING MEANS ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF
 RECYCLABILITY OR COMPOSTABILITY, INCLUDING, BUT  NOT  LIMITED  TO,  SUCH
 MATERIAL TYPES AS PAPER, PLASTIC, GLASS, OR METAL, THAT IS USED:
   (I)  FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, SERVING, AND
 PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO
 CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION;
   (II) AS SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET;
   (III) AS TERTIARY PACKAGING USED FOR  TRANSPORTATION  OR  DISTRIBUTION
 DIRECTLY TO A CONSUMER OR RETAILER; OR
   (IV) FOR A SINGLE OR SHORT-TERM USE.
   (B) PAPER PRODUCTS MEANS:
   (I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
 A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOUND BOOKS;
   (II)  CONTAINERS  OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY
 TO THE ULTIMATE CONSUMER OR RECIPIENT; OR
   (III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO:  FLYERS;
 BROCHURES; BOOKLETS; CATALOGS; TELEPHONE DIRECTORIES; PAPER FIBER; CARD-
 BOARD; AND PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
   (C)  FOR  THE  PURPOSE OF THIS TITLE, THE PACKAGING AND PAPER PRODUCTS
 COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING:
   (I) PACKAGING OR PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY
 TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE;
   (II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS;
   (III) NEWSPAPERS, MAGAZINES, AND PERIODICALS;
 S. 8008                            84                            A. 9008
 
   (IV) BEVERAGE CONTAINERS, AS DEFINED IN SECTION 27-1003 OF THIS  ARTI-
 CLE ON WHICH A DEPOSIT IS REQUIRED TO BE INITIATED;
   (V)  PACKAGING THAT IS USED EXCLUSIVELY IN INDUSTRIAL OR MANUFACTURING
 PROCESSES;
   (VI) MEDICAL DEVICES AND PACKAGING, OR PAPER USED TO CONTAIN AND WHICH
 ARE INCLUDED WITH PRODUCTS  REGULATED  AS  A  DRUG,  MEDICAL  DEVICE  OR
 DIETARY  SUPPLEMENT  BY  THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE
 FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E)
 OF 21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT  HEALTH
 AND EDUCATION ACT;
   (VII) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
 NOSTIC  KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER COVERED
 MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
 THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159; AND
   (VIII) PACKAGING PRODUCTS USED TO CONTAIN, AND  PAPER  PRODUCTS  WHICH
 ARE  INCLUDED  WITH,  SUBSTANCES HAZARDOUS TO THE ENVIRONMENT, REGULATED
 PURSUANT TO SECTION 37-0103 OF THIS CHAPTER, OR PACKAGING PRODUCTS REGU-
 LATED BY THE FEDERAL INSECTICIDE,  FUNGICIDE,  AND  RODENTICIDE  ACT,  7
 U.S.C.   SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR REGU-
 LATION.
   6. "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, LOCAL  PUBLIC
 AUTHORITY  OR  BENEFIT  CORPORATION,  OR SOLID WASTE MANAGEMENT DISTRICT
 WITHIN THE STATE OF NEW YORK.
   7. "POST-CONSUMER RECYCLED CONTENT" MEANS THE  CONTENT  OF  A  PRODUCT
 MADE OF RECYCLED MATERIALS DERIVED FROM POST-CONSUMER RECYCLED MATERIALS
 OR FEEDSTOCK.
   8.  (A)  "PRODUCER" MEANS AN ENTITY THAT SHALL BE DETERMINED TO BE THE
 PRODUCER, FOR THE PURPOSES OF THIS TITLE, BASED ON THE FOLLOWING HIERAR-
 CHY:
   (I) THE PERSON WHO MANUFACTURES THE PACKAGING OR PAPER  PRODUCT  UNDER
 SUCH  PERSON'S  OWN  NAME  OR BRAND AND WHO SELLS OR OFFERS FOR SALE THE
 PACKAGING OR PAPER PRODUCT IN THE STATE; OR
   (II) THE PERSON WHO IMPORTS THE PACKAGING  OR  PAPER  PRODUCT  AS  THE
 OWNER  OR  LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE PACKAGING OR
 PAPER PRODUCTS ARE SOLD OR DISTRIBUTED IN THE STATE; OR
   (III) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS,  OR  DISTRIB-
 UTES THE PACKAGING OR PAPER PRODUCT IN THE STATE.
   (B)  FOR  PURPOSES  OF  THIS TITLE, A PRODUCER SHALL NOT INCLUDE THOSE
 THAT:
   (I) GENERATE LESS THAN ONE MILLION DOLLARS IN ANNUAL GROSS REVENUE;
   (II) GENERATE LESS THAN  ONE  TON  OF  PACKAGING  AND  PAPER  PRODUCTS
 SUPPLIED TO NEW YORK STATE CONSUMERS PER YEAR;
   (III) OPERATE AS A SINGLE POINT OF RETAIL SALE AND ARE NOT SUPPLIED OR
 OPERATED AS PART OF A FRANCHISE; OR
   (IV)  ARE  A  MUNICIPALITY  OR  A LOCAL GOVERNMENT PLANNING UNIT, OR A
 REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE
 ORGANIZATION.
   (C) IF MORE THAN ONE PERSON IS A PRODUCER OF A BRAND OF  PACKAGING  OR
 PAPER PRODUCT, ANY SUCH PERSON MAY ASSUME RESPONSIBILITY FOR OBLIGATIONS
 OF  A  PRODUCER OF THAT BRAND UNDER THIS TITLE. IF NONE OF THOSE PERSONS
 ASSUME RESPONSIBILITY FOR THE  OBLIGATIONS  OF  A  PRODUCER  UNDER  THIS
 TITLE,  ANY AND ALL SUCH PERSONS JOINTLY AND SEVERALLY MAY BE CONSIDERED
 THE RESPONSIBLE PRODUCER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
   9.  "PRODUCER  RESPONSIBILITY  ORGANIZATION"  MEANS  A  NOT-FOR-PROFIT
 ORGANIZATION  DESIGNATED  BY  A GROUP OF PRODUCERS TO ACT AS AN AGENT ON
 BEHALF OF EACH PARTICIPATING PRODUCER TO DEVELOP AND IMPLEMENT A PRODUC-
 S. 8008                            85                            A. 9008
 
 ER RESPONSIBILITY PROGRAM.  TO THE EXTENT APPLICABLE, A PRODUCER RESPON-
 SIBILITY ORGANIZATION SHALL HAVE A GOVERNING BOARD THAT  REPRESENTS  THE
 DIVERSITY  OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES, AND
 SUCH  BOARD SHALL INCLUDE NON-VOTING MEMBERS REPRESENTING A DIVERSITY OF
 MATERIAL TRADE ASSOCIATIONS.
   10. "READILY-RECYCLABLE" MEANS PACKAGING THAT CAN BE SORTED  BY  ENTI-
 TIES  PROCESSING  RECYCLABLES  FROM  NEW  YORK AND FOR WHICH, DURING THE
 PREVIOUS TWO CALENDAR YEARS, THERE  WAS  A  CONSISTENT  MARKET,  MEANING
 RECYCLERS  WERE  WILLING TO PAY FOR FULLY SORTED MATERIAL AT THE DOOR OF
 THEIR FACILITIES IN QUANTITIES EQUAL TO OR IN EXCESS OF MATERIAL SUPPLY.
 THIS DOES NOT INCLUDE MATERIAL TYPES THAT RECYCLERS ACCEPT IN LOW  QUAN-
 TITIES  OR  SORT  OUT OF MATERIAL DURING ADDITIONAL PROCESSING STEPS; IF
 MATERIAL RECYCLERS DO NOT DESIRE A FULL  BALE  OF  A  SPECIFIC  MATERIAL
 TYPE, THAT MATERIAL TYPE IS NOT READILY-RECYCLABLE.
   11.  "RECOVERY  RATE"  MEANS THE AMOUNT OF PACKAGING OR PAPER PRODUCTS
 COLLECTED AND RECOVERED FOR REUSE OR RECYCLING OVER A  PROGRAM  YEAR  BY
 MATERIAL TYPE, DIVIDED BY THE AMOUNT OF PACKAGING OR PAPER PRODUCTS SOLD
 INTO THE STATE, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
   12. "RECYCLING" MEANS THE PROCESSING OF SOURCE-SEPARATED PACKAGING AND
 PAPER  PRODUCTS TO PRODUCE A MARKETABLE PRODUCT OR SECONDARY RAW MATERI-
 AL. RECYCLING DOES NOT INCLUDE THERMAL TREATMENT PROCESSES THAT  PRODUCE
 FUEL  OR  FUEL  PRODUCTS  WITHOUT SUBSTANTIAL PRODUCTION OF A MARKETABLE
 NON-FUEL PRODUCT OR SECONDARY RAW MATERIAL.
   13. "RECYCLING COLLECTION" MEANS A RECYCLING PROGRAM THAT SERVES RESI-
 DENTIAL UNITS, SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR
 INSTITUTIONS, WHERE SUCH SCHOOLS,  FEDERAL,  STATE  OR  LOCAL  AGENCIES,
 BUSINESSES,  OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT
 WITH A MUNICIPALITY BY A MUNICIPALITY OR A PRIVATE SECTOR HAULER  AS  OF
 THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS OPERATED
 BY  A  MUNICIPALITY  OR  PURSUANT  TO  A CONTRACT WITH THE MUNICIPALITY,
 PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED  LOCAL
 SOLID WASTE MANAGEMENT PLANS.
   14. "RECYCLING RATE" MEANS THE AMOUNT OF DISCARDED PACKAGING AND PAPER
 PRODUCTS  THAT  IS  MANAGED THROUGH RECYCLING, AS DEFINED BY THIS TITLE,
 AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED PACKAGING AND  PAPER
 PRODUCTS  COLLECTED  AND RECYCLED, BY MATERIAL TYPE, BY THE TOTAL AMOUNT
 OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED OVER A PROGRAM YEAR,
 BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
   15. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  A  PRODUCT
 TO  A  CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO
 BE DELIVERED TO A CONSUMER IN THE STATE.
   16. "REUSE" MEANS RETURNING, DONATING OR SELLING A DISCARDED PACKAGING
 OR PAPER PRODUCT BACK INTO THE MARKET FOR  ITS  ORIGINAL  INTENDED  USE,
 WHEN  THE  DISCARDED  PACKAGING  OR  PAPER  PRODUCT RETAINS ITS ORIGINAL
 PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS ORIGINAL PURPOSE.
 § 27-3303. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING  AND  PAPER
              PRODUCTS PROGRAM.
   1.  (A)  BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A STATEWIDE NEEDS
 ASSESSMENT CONDUCTED BY  A  THIRD-PARTY  ORGANIZATION  SELECTED  BY  THE
 DEPARTMENT, SHALL BE SUBMITTED TO THE DEPARTMENT.
   (B)  THE  STATEWIDE  NEEDS ASSESSMENT SHALL BE RETROACTIVELY FUNDED BY
 THE PRODUCERS OR PRODUCER RESPONSIBILITY ORGANIZATION.
   (C) THE STATEWIDE NEEDS ASSESSMENT SHALL INCLUDE AN EVALUATION OF  THE
 CAPACITY, COSTS, GAPS, AND NEEDS FOR THE FOLLOWING FACTORS:
   (I)  CURRENT  FUNDING  NEEDS,  BOTH OPERATIONAL AND CAPITAL, IMPACTING
 RECYCLING ACCESS AND AVAILABILITY;
 S. 8008                            86                            A. 9008
 
   (II) EXISTING STATE STATUTORY PROVISIONS AND FUNDING SOURCES FOR RECY-
 CLING, REUSE, REDUCTION, AND RECOVERY;
   (III)  THE  COLLECTION  AND HAULING SYSTEM FOR RECYCLABLE MATERIALS IN
 THE STATE;
   (IV) THE PROCESSING CAPACITY AND INFRASTRUCTURE FOR RECYCLABLE MATERI-
 ALS IN THE  STATE  AND  REGIONALLY  AND  IDENTIFYING  NECESSARY  CAPITAL
 INVESTMENTS TO EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE;
   (V)  THE  MARKET CONDITIONS AND OPPORTUNITIES FOR RECYCLABLE AND REUS-
 ABLE MATERIALS IN THE STATE AND REGIONALLY;
   (VI) CONSUMER EDUCATION NEEDS FOR RECYCLING, REUSE, AND  REDUCTION  OF
 COVERED MATERIALS AND PRODUCTS;
   (VII)  CURRENT STATE PACKAGING AND PAPER PRODUCT RECOVERY RATES, RECY-
 CLING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE;
   (VIII)  ACCOUNTING  OF  GREENHOUSE  GAS  EMISSIONS   ASSOCIATED   WITH
 COLLECTION, PROCESSING, AND MARKETING OF PACKAGING AND PAPER PRODUCTS;
   (IX)  AN  EVALUATION  OF STATE AND REGIONALLY ACCEPTED RECYCLING PRAC-
 TICES THAT CONSTITUTE LEGITIMATE RECYCLING; AND
   (X) CURRENT BARRIERS AFFECTING THE EQUITABLE ACCESS  TO  RECYCLING  OR
 REUSE PROGRAMS.
   2.  BY  JUNE  FIRST,  TWO THOUSAND TWENTY-THREE, AN ADVISORY COMMITTEE
 SHALL BE ESTABLISHED AND BEGIN PERFORMING ITS  OBLIGATIONS  PURSUANT  TO
 SECTION 27-3305 OF THIS TITLE.
   3.  (A)  BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLE-
 MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY  PROGRAM  OR  ANY
 PRODUCER  RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A PRODUCER RESPONSI-
 BILITY PROGRAM PLAN DEVELOPED IN CONSULTATION WITH THE ADVISORY  COMMIT-
 TEE  TO  THE  DEPARTMENT  FOR APPROVAL. A PRODUCER MAY SATISFY ITS OBLI-
 GATIONS  UNDER  THIS  TITLE   INDIVIDUALLY   OR   THROUGH   A   PRODUCER
 RESPONSIBILITY ORGANIZATION.
   (B)  ANY PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
 SIBILITY PROGRAM OR  ANY  PRODUCER  RESPONSIBILITY  ORGANIZATION,  SHALL
 BEGIN  PROGRAM  IMPLEMENTATION WITHIN SIX MONTHS AFTER THE DATE THE PLAN
 IS APPROVED, BUT NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX.
   4. ANY PERSON THAT BECOMES A PRODUCER AFTER APRIL FIRST, TWO  THOUSAND
 TWENTY-FIVE, SHALL SUBMIT AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM  PLAN  WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTATION WITHIN
 SIX MONTHS OF PLAN APPROVAL, OR JOIN A PRODUCER RESPONSIBILITY ORGANIZA-
 TION.
   5. BY APRIL FIRST, TWO THOUSAND TWENTY-SIX, NO  PRODUCER  SHALL  SELL,
 OFFER FOR SALE, OR DISTRIBUTE PACKAGING OR PAPER PRODUCTS FOR USE IN NEW
 YORK  UNLESS  THE  PRODUCER,  OR  ITS DESIGNATED PRODUCER RESPONSIBILITY
 ORGANIZATION, HAS SUBMITTED A PRODUCER RESPONSIBILITY  PROGRAM  PLAN  TO
 THE DEPARTMENT FOR APPROVAL.
   6.  TO  ADDRESS  PROGRAM  PERFORMANCE,  PRODUCERS SHALL BE REQUIRED TO
 EVALUATE HOW THEY ARE MEETING THE MINIMUM POST-CONSUMER RECYCLED CONTENT
 RATE, MINIMUM RECOVERY RATE, AND MINIMUM RECYCLING  RATE  FOR  PACKAGING
 AND  PAPER MATERIAL TYPES, AS RECOMMENDED BY THE ADVISORY COMMITTEE, AND
 ADOPTED BY THE DEPARTMENT IN REGULATION.
   7. NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE PACKAGING AND
 PAPER PRODUCTS FOR USE IN  NEW  YORK  UNLESS  SUCH  PACKAGING  OR  PAPER
 PRODUCTS  ARE  IN  COMPLIANCE  WITH TITLE TWO OF ARTICLE THIRTY-SEVEN OF
 THIS CHAPTER.
   8. FUNDS COLLECTED FROM PRODUCERS BY A PRODUCER RESPONSIBILITY  ORGAN-
 IZATION  TO OPERATE THE PROGRAM PURSUANT TO THIS TITLE SHALL NOT BE USED
 TO CARRY OUT LOBBYING ACTIVITIES, BRING A  LAWSUIT  AGAINST  THE  STATE,
 DEFEND  LITIGATION  INVOLVING CLAIMS OF A PRODUCER RESPONSIBILITY ORGAN-
 S. 8008                            87                            A. 9008
 
 IZATION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF  THIS  CHAPTER,  OR
 FOR PAYMENT OF PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
   9. NO PERSON MAY CHARGE A CONSUMER A POINT-OF-SALE OR POINT-OF-COLLEC-
 TION  FEE  TO  RECOUP  THE COSTS ASSOCIATED WITH MEETING THE OBLIGATIONS
 UNDER THIS TITLE.
 § 27-3305. ADVISORY COMMITTEE.
   1. THE COMMISSIONER OF THE DEPARTMENT SHALL  APPOINT  MEMBERS  TO  THE
 ADVISORY  COMMITTEE,  WHICH  SHALL  BE  COMPRISED  OF  AN  ODD NUMBER OF
 MEMBERS, WITH AT LEAST ONE MEMBER REPRESENTING  EACH  OF  THE  FOLLOWING
 DISCIPLINES, WITH EACH DISCIPLINE HAVING EQUAL REPRESENTATION:
   (A)  AN  ASSOCIATION  REPRESENTING  MUNICIPALITIES  AND  AN ADDITIONAL
 MUNICIPAL REPRESENTATIVE FROM A CITY WITH A POPULATION OF ONE MILLION OR
 MORE RESIDENTS;
   (B) A MUNICIPALITY OPERATING A RECYCLING PROGRAM;
   (C) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (D) A REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY  OR  ORGAN-
 IZATION;
   (E) A STATEWIDE WASTE DISPOSAL ASSOCIATION;
   (F)  A  RECYCLABLES  HANDLING AND RECOVERY FACILITY LOCATED WITHIN THE
 STATE OF NEW YORK;
   (G) A RECYCLING COLLECTION PROVIDER;
   (H) A MANUFACTURER  OF  PACKAGING  MATERIALS  UTILIZING  POST-CONSUMER
 RECYCLED CONTENT;
   (I) A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED
 CONTENT;
   (J) A CONSUMER ADVOCATE;
   (K) A RETAIL ORGANIZATION; AND
   (L)  A PRODUCER OF PACKAGING PRODUCTS, PRODUCER OF PAPER PRODUCTS, AND
 A REPRESENTATIVE FROM A PRODUCER RESPONSIBILITY ORGANIZATION ESTABLISHED
 UNDER THIS TITLE AS NON-VOTING MEMBERS.
   2.   THE ADVISORY COMMITTEE  SHALL  SELECT  A  CHAIR  FROM  AMONG  THE
 MEMBERS. THE CHAIR WILL BE RESPONSIBLE FOR SELECTING SECRETARIAL SUPPORT
 FOR THE ADVISORY COMMITTEE.
   3.  THE  ADVISORY COMMITTEE SHALL BE CONSULTED AS NEEDED, BUT AT LEAST
 ONCE, DURING THE DEVELOPMENT  OF  THE  PRODUCER  RESPONSIBILITY  PROGRAM
 PLAN,  PRIOR  TO ANY UPDATE TO THE PRODUCER RESPONSIBILITY PROGRAM PLAN,
 AND PRIOR TO THE SUBMISSION OF AN ANNUAL REPORT.
   4. THE ADVISORY COMMITTEE SHALL USE THE FINDINGS  FROM  THE  STATEWIDE
 NEEDS  ASSESSMENT  TO  INFORM  ITS  PRODUCER  OR PRODUCER RESPONSIBILITY
 ORGANIZATION PROGRAM PLAN RECOMMENDATIONS.
   5. THE ADVISORY COMMITTEE SHALL WORK WITH ALL  PRODUCERS  IMPLEMENTING
 AN  INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM AND ALL PRODUCER
 RESPONSIBILITY ORGANIZATIONS TO ENSURE CONSISTENT MESSAGING AND  COORDI-
 NATION ACROSS PROGRAM PLANS.
   6.  THE  ADVISORY  COMMITTEE  SHALL REVIEW THE PRODUCER RESPONSIBILITY
 PROGRAM PLANS REQUIRED UNDER THIS TITLE  AND  PREPARE  SPECIFIC  WRITTEN
 RECOMMENDATIONS  ON  ALL PORTIONS OF THE PRODUCER RESPONSIBILITY PROGRAM
 PLANS AND ON ALL UPDATES OR REVISIONS TO APPROVED PRODUCER  RESPONSIBIL-
 ITY  PROGRAM  PLANS. SUCH RECOMMENDATION SHALL BE APPROVED BY A MAJORITY
 OF THE ADVISORY COMMITTEE'S MEMBERS. THE PRODUCER IMPLEMENTING AN  INDI-
 VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL-
 ITY ORGANIZATION SHALL CONSIDER AND RESPOND TO THOSE WRITTEN RECOMMENDA-
 TIONS  IN  WRITING,  AND  SUCH  RECOMMENDATIONS  AND  RESPONSES SHALL BE
 PROVIDED TO THE DEPARTMENT AT THE TIME OF PLAN SUBMISSION.
   7. BY APRIL FIRST, TWO THOUSAND TWENTY-FOUR,  THE  ADVISORY  COMMITTEE
 SHALL RECOMMEND TO THE DEPARTMENT ANNUAL MINIMUM RECOVERY RATES, RECYCL-
 S. 8008                            88                            A. 9008
 
 ING  RATES,  AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE,
 OVER A FIVE-YEAR TIMEFRAME BEGINNING IN TWO  THOUSAND  TWENTY-SIX.  SUCH
 RATE  SETTING  RECOMMENDATION  SHALL BE INFORMED BY THE NEEDS ASSESSMENT
 AND APPROVED BY THE DEPARTMENT.
   8.  BY  OCTOBER  FIRST, TWO THOUSAND TWENTY-FIVE, THE DEPARTMENT SHALL
 ADOPT REGULATIONS SETTING FORTH INITIAL ANNUAL MINIMUM  RECOVERY  RATES,
 RECYCLING  RATES,  AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL
 TYPE, OVER A FIVE-YEAR TIMEFRAME BEGINNING IN TWO THOUSAND TWENTY-SIX.
   9. (A) THE  ADVISORY  COMMITTEE  SHALL  MAKE  RECOMMENDATIONS  TO  THE
 DEPARTMENT  AT THE TIME OF PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA-
 TION ANNUAL REPORT SUBMITTAL, AS  TO  WHETHER  ANY  ADJUSTMENTS  TO  THE
 INITIALLY ADOPTED MINIMUM RECOVERY RATES, RECYCLING RATES, AND POST-CON-
 SUMER  RECYCLED  CONTENT RATES ARE NECESSARY. THE ADVISORY COMMITTEE, IN
 CONSIDERATION OF A RECOMMENDATION TO ADJUST ANY RATES, SHALL CONSIDER:
   (I) CHANGES IN MARKET CONDITIONS,  INCLUDING  SUPPLY  AND  DEMAND  FOR
 POST-CONSUMER RECYCLED PLASTICS, BOTH DOMESTICALLY AND GLOBALLY;
   (II) CURRENT RECYCLING RATES;
   (III)  THE  AVAILABILITY  OF  RECYCLED  MATERIALS SUITABLE TO MEET THE
 MINIMUM RECYCLED CONTENT GOALS, INCLUDING THE AVAILABILITY OF HIGH-QUAL-
 ITY RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED MATERIALS;
   (IV) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE;
   (V) UTILIZATION RATES OF THE MATERIAL; AND
   (VI) THE PROGRESS MADE BY PRODUCERS IN MEETING THE POST-CONSUMER RECY-
 CLED TARGETS BY MATERIAL TYPE.
   (B) IF AN ADJUSTMENT IS  RECOMMENDED,  THE  ADVISORY  COMMITTEE  SHALL
 PROVIDE A DETAILED BASIS FOR JUSTIFICATION.
   10.  MEMBERS  OF  THE  ADVISORY  COMMITTEE SHALL BE REIMBURSED FOR ANY
 NECESSARY TRAVEL EXPENSES, RELATED  TO  PARTICIPATING  ON  THE  ADVISORY
 COMMITTEE,  BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER
 RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, AND  THE
 DEPARTMENT  SHALL  BE RESPONSIBLE FOR MONITORING THESE EXPENSES. MEMBERS
 OF THE ADVISORY COMMITTEE SHALL RECEIVE NO SALARY FROM A PRODUCER IMPLE-
 MENTING  AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR
 PRODUCER  RESPONSIBILITY ORGANIZATION. THE COSTS FOR SECRETARIAL SUPPORT
 TO THE ADVISORY COMMITTEE SHALL BE PAID FOR BY THE PRODUCER IMPLEMENTING
 AN INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR  PRODUCER
 RESPONSIBILITY ORGANIZATION, AND THE DEPARTMENT SHALL BE RESPONSIBLE FOR
 MONITORING THESE EXPENSES.
   11.  MEMBERS  SHALL SERVE ON THE ADVISORY COMMITTEE FOR AT LEAST THREE
 YEARS.
 § 27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
   1. BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLEMENTING
 AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR  ANY  PRODUCER
 RESPONSIBILITY  ORGANIZATION,  SHALL SUBMIT TO THE DEPARTMENT A PRODUCER
 RESPONSIBILITY PROGRAM PLAN, DETAILING ITS PROPOSED COLLECTION AND RECY-
 CLING PROGRAM FOR PACKAGING AND PAPER PRODUCTS.
   2. THE PRODUCER RESPONSIBILITY PROGRAM PLAN SHALL BE  VALID  FOR  FIVE
 YEARS  AND  SHALL BE REVIEWED AND UPDATED EVERY FIVE YEARS FOLLOWING THE
 APPROVAL OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE  DISCRETION
 TO  REQUIRE  THE  PLAN  TO BE REVIEWED OR REVISED PRIOR TO THE FIVE-YEAR
 PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM  POST-CONSUMER
 RECYCLED CONTENT RATES, MINIMUM RECOVERY RATES, MINIMUM RECYCLING RATES,
 AS  SPECIFIED  BY  THE DEPARTMENT IN REGULATION, OR OTHER FACTORS OF THE
 PLAN ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER OR PRODUCER RESPONSI-
 BILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT
 WARRANTS REVISION OF THE PLAN.
 S. 8008                            89                            A. 9008
 
   3. THE SUBMITTED PLAN SHALL, AT A MINIMUM, ADDRESS THE FOLLOWING:
   (A)  CONTACT  INFORMATION.  CONTACT  INFORMATION,  INCLUDING THE NAME,
 ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE  AUTHORIZED
 REPRESENTATIVE  OF  THE  PRODUCER  IMPLEMENTING  AN  INDIVIDUAL EXTENDED
 PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION.
   (B) PARTICIPATING PRODUCER OR  PRODUCERS.  IDENTIFY  THE  PRODUCER  OR
 PRODUCERS PARTICIPATING IN THE SUBMITTED PRODUCER RESPONSIBILITY PROGRAM
 PLAN.
   (C)  ADVISORY  COMMITTEE  RECOMMENDATIONS.  A  DESCRIPTION  OF HOW THE
 RECOMMENDATIONS  FROM  THE  ADVISORY  COMMITTEE  WERE   CONSIDERED   AND
 ADDRESSED IN THE DEVELOPMENT OF THE PLAN.
   (D)  TYPES  AND  BRANDS OF PACKAGING AND PAPER PRODUCTS. A LIST OF THE
 TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS FOR WHICH THE  PRODUCER
 OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSIBLE FOR.
   (E) FUNDING MECHANISM. A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM
 THAT  IS  NECESSARY TO MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFI-
 CIENT TO COVER THE COST OF OPERATING THE PROGRAM, UPDATING THE PLAN, AND
 MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM  IN  A
 FISCALLY  PRUDENT  AND RESPONSIBLE MANNER. THE DEPARTMENT MAY PROMULGATE
 REGULATIONS NECESSARY FOR A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
 PRODUCER RESPONSIBILITY PROGRAM OR A PRODUCER  RESPONSIBILITY  ORGANIZA-
 TION TO DEVELOP AND MANAGE A FUNDING MECHANISM AND ACTIVITY-BASED COSTS.
 THE FOLLOWING FUNDING MECHANISM DETAILS SHALL BE PROVIDED IN THE PRODUC-
 ER RESPONSIBILITY PLAN:
   (I)  PROPOSED PROGRAM CHARGES FOR PRODUCERS, LISTED BY PRODUCER, WHICH
 SHALL BE SUFFICIENT TO COVER ALL PROGRAM COSTS;
   (II) ECO-MODULATION. FOR  PURPOSES  OF  THIS  TITLE,  "ECO-MODULATION"
 SHALL  PROVIDE  THAT PROGRAM CHARGES ARE STRUCTURED TO PROVIDE PRODUCERS
 WITH FINANCIAL INCENTIVES THAT REWARD WASTE  AND  SOURCE  REDUCTION  AND
 RECYCLING  COMPATIBILITY  INNOVATIONS AND PRACTICES, REWARD PRODUCERS OF
 PACKAGING AND PAPER PRODUCTS THAT CAN BE EASILY REUSED, AND THAT  DISIN-
 CENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PACK-
 AGING  AND  PAPER PRODUCTS. THE PRODUCER RESPONSIBILITY ORGANIZATION MAY
 ADJUST CHARGES TO BE PAID BY PARTICIPATING PRODUCERS, OR  THE  PRODUCERS
 MAY  BE PROVIDED A CREDIT, BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT
 A MINIMUM, CHARGES SHALL BE VARIABLE BASED ON:
   (A) COSTS TO PROVIDE RECYCLING COLLECTION OR OTHER  FORM  OF  CONSUMER
 SERVICE  THAT  IS,  AT  MINIMUM,  AS  CONVENIENT  AS  THE PREVIOUS WASTE
 COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION FOR ALL CONSUMERS;
   (B) COSTS TO PROCESS A PRODUCER'S PACKAGING  AND  PAPER  PRODUCTS  FOR
 SALE TO SECONDARY MATERIAL MARKETS;
   (C)  WHETHER  THE PACKAGING OR PAPER PRODUCT WOULD TYPICALLY BE READI-
 LY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN,  THE
 PRODUCT  HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT
 INCLUDES LABELS, INKS, OR ADHESIVES CONTAINING HEAVY METALS  THAT  WOULD
 CONTAMINATE THE RECYCLING PROCESS;
   (D) WHETHER THE PACKAGING AND PAPER PRODUCTS ARE NONFOOD CONTACT PACK-
 AGING THAT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS
 A HIGH REUSE OR REFILL RATE;
   (E) THE COMMODITY VALUE OF PACKAGING AND PAPER PRODUCTS; AND
   (F)  CONTRIBUTIONS  TO  GREENHOUSE  GAS EMISSIONS FROM THE PRODUCTION,
 USE, COLLECTION, PROCESSING, AND MARKETING OF  THE  PACKAGING  OR  PAPER
 PRODUCT.
   (III)  A  PROPOSED SPECIAL ASSESSMENT CHARGE ON SPECIFIC CATEGORIES OF
 COVERED PACKAGING AND PAPER PRODUCTS AT THE REQUEST OF RESPONSIBLE ENTI-
 TIES REPRESENTING AND APPROVED BY THE ADVISORY COMMITTEE IF  THE  NATURE
 S. 8008                            90                            A. 9008
 
 OF  THE  COVERED  PACKAGING  AND  PAPER PRODUCT IMPOSES UNUSUAL COSTS IN
 COLLECTION OR PROCESSING OR REQUIRES SPECIAL ACTIONS TO  ADDRESS  EFFEC-
 TIVE ACCESS TO RECYCLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING
 FACILITIES.  THE  REVENUE  FROM  THE SPECIAL ASSESSMENT SHALL BE USED TO
 MAKE SYSTEM IMPROVEMENTS FOR THE SPECIFIC COVERED  PACKAGING  AND  PAPER
 PRODUCTS ON WHICH THE SPECIAL ASSESSMENT WAS APPLIED;
   (IV)  HOW CHARGES SHALL BE ADJUSTED BASED UPON THE PERCENTAGE OF POST-
 CONSUMER RECYCLED CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER  RECYCLED
 CONTENT  SHALL  BE VERIFIED EITHER BY THE PRODUCER RESPONSIBILITY ORGAN-
 IZATION OR BY AN INDEPENDENT  PARTY  DESIGNATED  BY  THE  DEPARTMENT  TO
 ENSURE THAT SUCH PERCENTAGE MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS IN
 THE PACKAGING OR PAPER PRODUCT, AS LONG AS THE RECYCLED CONTENT DOES NOT
 DISRUPT THE POTENTIAL FOR FUTURE RECYCLING; AND
   (V) HOW ACTIVITY-BASED COSTS ARE CALCULATED AND DISPERSED FOR SERVICES
 UTILIZED  BY  A  PRODUCER  IMPLEMENTING  AN INDIVIDUAL EXTENDED PRODUCER
 RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY  ORGANIZATION  IF  THE
 WASTE  HAULERS, RECYCLABLES HANDLING AND RECOVERY FACILITIES, RECYCLERS,
 AND MUNICIPALITIES, AND OTHER SERVICE PROVIDERS ELECT TO PARTICIPATE AND
 BE COMPENSATED BY  THE  PRODUCER  IMPLEMENTING  AN  INDIVIDUAL  EXTENDED
 PRODUCER  RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION
 IN THE RECOVERY,  RECYCLING,  AND  PROCESSING  OF  PACKAGING  AND  PAPER
 PRODUCTS.  THE  ACTIVITY-BASED COST MECHANISM SHALL BE BASED ON THE COST
 OF CONSUMER RECYCLING COLLECTION, ON-SITE PROCESSING COST FOR EACH READ-
 ILY-RECYCLABLE MATERIAL, PROCESSING COST OF NON-READILY RECYCLABLE MATE-
 RIAL TYPES, TRANSPORTATION COST OF RECYCLING  FOR  EACH  MATERIAL  TYPE,
 DISPOSAL  COSTS  FOR  ANY  RESIDUAL  OR NON-RECYCLABLE MATERIAL, AND ANY
 OTHER COST FACTORS AS DETERMINED BY THE ADVISORY  COMMITTEE  OR  DEPART-
 MENT.
   (F)  MUNICIPAL  AND PRIVATE ENTITY REIMBURSEMENT. A DESCRIPTION OF THE
 PROCESS FOR MUNICIPALITIES OR PRIVATE  ENTITIES  (SUCH  AS  SOLID  WASTE
 COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER
 PARTICIPATING SERVICE PROVIDERS) OPERATING UNDER THE PRODUCER OR PRODUC-
 ER  RESPONSIBILITY  ORGANIZATION'S PLAN, TO RECOUP REASONABLE COSTS FROM
 THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION FOR  THE  ACTIVITY-
 BASED  COSTS,  INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, COLLECTION,
 SORTING, TRANSPORTATION, CAPITAL IMPROVEMENT, OR PROCESSING  COSTS.  THE
 MUNICIPALITY OR PRIVATE ENTITY MAY NOT PASS ON TO THE CONSUMER COSTS FOR
 WHICH IT HAS BEEN PAID BY THE PRODUCER OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION.  TO FACILITATE THE PRODUCER'S OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION'S DETERMINATION OF ACTIVITY-BASED COSTS,  PARTICIPATING  MUNICI-
 PALITIES  AND  PRIVATE ENTITIES SHALL REPORT DATA RELATED TO THEIR COSTS
 AND THE VALUE OF MATERIALS TO THE PRODUCER  OR  PRODUCER  RESPONSIBILITY
 ORGANIZATION. COST CALCULATIONS SHALL ACCOUNT FOR REVENUE GENERATED FROM
 RECYCLABLE MATERIALS.
   (G) OUTREACH AND EDUCATION. A DESCRIPTION OF THE PRODUCER'S OR PRODUC-
 ER  RESPONSIBILITY  ORGANIZATION'S PUBLIC OUTREACH AND EDUCATION PROGRAM
 FOR CONSUMERS AND OTHER STAKEHOLDERS.
   (I) THE PLAN SHALL ADDRESS HOW  THE  OUTREACH  AND  EDUCATION  PROGRAM
 WILL:
   (A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF PACKAGING AND PAPER
 PRODUCTS  EXTENDED  PRODUCER  RESPONSIBILITY UNDER THIS TITLE, INCLUDING
 THE PREVENTION OF CONTAMINATION OF PRODUCTS;
   (B) BE COORDINATED ACROSS PRODUCER AND PRODUCER RESPONSIBILITY  ORGAN-
 IZATION PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; AND
   (C)  CONSULT  WITH  MUNICIPALITIES  AND OTHER STAKEHOLDERS, COORDINATE
 WITH AND ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS,
 S. 8008                            91                            A. 9008

 SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES,
 AND DEVELOP AND PROVIDE OUTREACH AND  EDUCATION  TO  THE  DIVERSE  POPU-
 LATIONS  IN  THE  STATE,  INCLUDING  UTILIZING A VARIETY OF OUTREACH AND
 EDUCATION TOOLS AND ENSURING MATERIALS ARE ACCESSIBLE TO ALL PERSONS AND
 ARE PROVIDED IN MULTIPLE LANGUAGES.
   (II)  PARTICIPATING  PRODUCERS SHALL LABEL OR MARK PACKAGING AND PAPER
 PRODUCTS IN ACCORDANCE WITH CURRENT LABELING RULES, LAWS, OR REGULATIONS
 WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCL-
 ING PACKAGING AND PAPER PRODUCTS, RESPONSIBLY COMPOSTING  PACKAGING  AND
 PAPER  PRODUCTS,  AND  EDUCATING CONSUMERS ABOUT THE PERCENTAGE OF POST-
 CONSUMER RECYCLED CONTENT.
   (III) DETAILS ON THE FOLLOWING COMPONENTS OF THE OUTREACH  AND  EDUCA-
 TION  PROGRAM  SHALL BE PROVIDED IN THE PLAN, AND AVAILABLE TO CONSUMERS
 AND OTHER STAKEHOLDERS ON  THE  PRODUCER'S  OR  PRODUCER  RESPONSIBILITY
 ORGANIZATION'S PUBLIC EDUCATION PROGRAM WEBSITE:
   (A)  PROPER  END-OF-LIFE  MANAGEMENT  OF PACKAGING, PAPER PRODUCTS AND
 BEVERAGE CONTAINERS;
   (B) THE LOCATION AND AVAILABILITY OF RECYCLING COLLECTION;
   (C) HOW TO PREVENT LITTER OF PACKAGING, PAPER PRODUCTS,  AND  BEVERAGE
 CONTAINERS;
   (D)  INFORMATION  ON  HOW  CONSUMERS  CAN REDUCE THEIR CONSUMPTION FOR
 SINGLE-USE PACKAGING AND PAPER PRODUCTS IN FAVOR OF MORE REUSABLE  MATE-
 RIALS;
   (E)  RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE-
 WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES  AMONG  LOCAL
 LAWS  AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY ACCES-
 SIBLE; AND
   (F) A DESCRIPTION OF THE PROCESS FOR ANSWERING  STAKEHOLDER  QUESTIONS
 AND RESOLVING ANY ISSUES.
   (IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY  PROGRAM  OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE
 OUTREACH, EDUCATION, AND COMMUNICATIONS  THAT  ASSIST  IN  ATTAINING  OR
 EXCEEDING THE MINIMUM POST-CONSUMER CONTENT, MINIMUM RECOVERY RATES, AND
 MINIMUM RECYCLING RATES, AS SPECIFIED BY THE DEPARTMENT IN REGULATION.
   (H) EXISTING INFRASTRUCTURE. HOW THE PRODUCER IMPLEMENTING AN INDIVID-
 UAL  EXTENDED  PRODUCER RESPONSIBILITY PROGRAM OR THE PRODUCER RESPONSI-
 BILITY ORGANIZATION WILL WORK WITH EXISTING WASTE  HAULERS,  RECYCLABLES
 HANDLING AND RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES TO OPER-
 ATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL COLLECTION
 METHODS.
   (I)  CONVENIENCE.  A  DESCRIPTION  OF HOW THE PRODUCER IMPLEMENTING AN
 INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER  RESPON-
 SIBILITY  ORGANIZATION  INTENDS TO MEET THE CONVENIENCE REQUIREMENTS SET
 FORTH AS FOLLOWS:
   (I) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER  RESPONSI-
 BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR
 WIDESPREAD,   FREE,   CONVENIENT,   AND  EQUITABLE  CONSUMER  ACCESS  TO
 COLLECTION OPPORTUNITIES FOR THE PACKAGING AND PAPER PRODUCTS IDENTIFIED
 UNDER THE PRODUCER OR  PRODUCER  RESPONSIBILITY  ORGANIZATION'S  PROGRAM
 PLAN.
   (II) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY  PROGRAM  OR  PRODUCER  RESPONSIBILITY  ORGANIZATION SHALL ENSURE
 SERVICES, THAT ARE AT LEAST AS CONVENIENT  AS  THE  PREVIOUS  COLLECTION
 SCHEMA  IN  A  PARTICULAR JURISDICTION, CONTINUE FOR ALL CONSUMERS AS OF
 THE EFFECTIVE DATE OF THIS TITLE.
 S. 8008                            92                            A. 9008

   (III) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER  RESPON-
 SIBILITY  PROGRAM  OR  PRODUCER RESPONSIBILITY ORGANIZATION SHALL ENSURE
 SERVICES THAT COLLECT COVERED PACKAGING AND PAPER PRODUCTS GENERATED  BY
 BUSINESS  ESTABLISHMENTS  ARE  AT  LEAST AS ORDERLY AND EFFICIENT AS THE
 PREVIOUS COLLECTION SCHEMA AS OF THE EFFECTIVE DATE OF THIS TITLE.
   (IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY  PROGRAM  OR  PRODUCER  RESPONSIBILITY ORGANIZATION MAY RELY ON A
 RANGE OF MEANS TO COLLECT VARIOUS  CATEGORIES  OF  PACKAGING  AND  PAPER
 PRODUCTS  INCLUDING,  BUT  NOT LIMITED TO, CURBSIDE COLLECTION, FACILITY
 DROP-OFF, AND EVENTS, SO LONG AS PACKAGING AND PAPER PRODUCTS COLLECTION
 OPTIONS INCLUDE RECYCLING COLLECTION SERVICES IF:
   (A) THE CATEGORY OF PACKAGING AND PAPER PRODUCTS IS SUITABLE FOR RECY-
 CLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIV-
 ING THE COLLECTED MATERIAL;
   (B) THE PROVIDER OF THE RECYCLING COLLECTION SERVICE AGREES TO INCLUDE
 THE CATEGORY OF PACKAGING AND PAPER PRODUCTS AS AN ACCEPTED MATERIAL;
   (C) THE PACKAGING AND PAPER PRODUCTS CATEGORY IS NOT HANDLED THROUGH A
 DEPOSIT  AND  RETURN  SCHEME,  OTHER  EXTENDED  PRODUCER  RESPONSIBILITY
 PROGRAM,  OR  BUY  BACK  SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER
 THAN RECYCLING COLLECTION; AND
   (D) THE PROVIDER OF THE RECYCLING COLLECTION  SERVICE  AGREES  TO  THE
 PRODUCER  IMPLEMENTING  AN  INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM'S OR PRODUCER RESPONSIBILITY ORGANIZATION'S ACTIVITY-BASED COSTS
 ARRANGEMENT.
   (V)  WHERE  RECYCLING  COLLECTION  IS  NOT  AVAILABLE   AND   DROP-OFF
 COLLECTION  FACILITIES ARE UTILIZED, CONSUMERS SHALL HAVE FREE AND EQUI-
 TABLE ACCESS TO FACILITIES THAT ARE WITHIN FIFTEEN  MILES  OF  AT  LEAST
 NINETY-FIVE PERCENT OF THE JURISDICTION'S POPULATION UNSERVED BY RECYCL-
 ING COLLECTION.
   (J)  MINIMUM  RECYCLING,  RECOVERY AND CONTENT RATES. A DESCRIPTION OF
 HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER  RESPONSI-
 BILITY  PROGRAM  OR PRODUCER RESPONSIBILITY ORGANIZATION INTENDS TO MEET
 OR EXCEED THE MINIMUM RECYCLING RATE, MINIMUM RECOVERY RATE, AND MINIMUM
 POST-CONSUMER RECYCLED CONTENT RATES FOR PACKAGING OR PAPER PRODUCTS, BY
 MATERIAL TYPE, AS SPECIFIED BY THE DEPARTMENT IN REGULATION.
   (K) END-OF-LIFE MANAGEMENT PROCESSES. A DESCRIPTION OF THE PROCESS FOR
 END-OF-LIFE MANAGEMENT,  INCLUDING  RECYCLING  AND  DISPOSAL,  FOR  EACH
 COMPONENT MATERIAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
   (L)  A  DESCRIPTION  OF  HOW  THE PRODUCER RESPONSIBILITY ORGANIZATION
 SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM  PROCESSORS
 ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING RECYCLED FEEDSTOCK
 IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT OBJECTIVES.
   (M) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION WILL
 WORK  WITH  PRODUCERS  TO  HELP REDUCE A PRODUCER'S TOTAL AMOUNT OF NON-
 REUSABLE PACKAGING.
   (N) PACKAGING AND PAPER PRODUCTS REDUCTION. A  DESCRIPTION  OF  HOW  A
 PRODUCER  RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE
 PACKAGING AND PAPER PRODUCTS THROUGH PRODUCT DESIGN  AND  PROGRAM  INNO-
 VATIONS.
   (O) CONSUMER CONCERNS PROCESS. A PROCESS TO ADDRESS CONCERNS AND QUES-
 TIONS FROM CONSUMERS.
   (P)  ADDITIONAL INFORMATION. ANY OTHER INFORMATION AS SPECIFIED BY THE
 DEPARTMENT.
   4. (A) NO LATER THAN NINETY DAYS AFTER THE SUBMISSION OF THE  PRODUCER
 RESPONSIBILITY  PLAN,  THE DEPARTMENT SHALL DETERMINE WHETHER TO APPROVE
 S. 8008                            93                            A. 9008
 
 THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH  CONDITIONS;  OR  DENY  THE
 PLAN.
   (B) THE DEPARTMENT SHALL CONSIDER THE FOLLOWING IN DETERMINING WHETHER
 TO APPROVE A PLAN:
   (I)  WHETHER  THE  PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN
 THIS SECTION;
   (II) WHETHER THE PRODUCER  HAS  UNDERTAKEN  SATISFACTORY  CONSULTATION
 WITH THE ADVISORY COMMITTEE AND HAS PROVIDED AN OPPORTUNITY FOR ADVISORY
 COMMITTEE  INPUT  IN  THE DEVELOPMENT OF THE PLAN PRIOR TO SUBMISSION OF
 THE PLAN;
   (III) WHETHER THE PLAN ADEQUATELY PROVIDES FOR:
   (A) THE PRODUCER RESPONSIBILITY ORGANIZATION  COLLECTING  AND  FUNDING
 THE  COSTS  OF  COLLECTING  AND  PROCESSING PACKAGING AND PAPER PRODUCTS
 COVERED BY THE PLAN AND REIMBURSING A MUNICIPALITY OR PRIVATE ENTITY;
   (B) THE FUNDING MECHANISM TO COVER THE ENTIRE  COST  OF  THE  PRODUCER
 RESPONSIBILITY ORGANIZATION'S PROGRAM;
   (C)  CONVENIENT  AND  FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR
 COLLECTION SERVICES;
   (D) AN EVALUATION SYSTEM FOR THE PROGRAM CHARGE STRUCTURE, WHICH SHALL
 BE EVALUATED ON AN ANNUAL BASIS BY THE PRODUCER RESPONSIBILITY ORGANIZA-
 TION AND ADVISORY COMMITTEE AND RESUBMITTED TO THE DEPARTMENT  ANNUALLY;
 AND
   (E) EFFECTIVE CONSUMER OUTREACH AND EDUCATION.
   (IV)  WHETHER  THE  PLAN  SATISFACTORILY PROVIDES FOR HOW THE PRODUCER
 IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY  PROGRAM  OR
 THE PRODUCER RESPONSIBILITY ORGANIZATION WILL MEET THE MINIMUM POST-CON-
 SUMER  CONTENT  RATES, RECOVERY RATES, AND RECYCLING RATES, AS SPECIFIED
 BY THE DEPARTMENT IN REGULATION, WHICH WILL CREATE  OR  ENHANCE  MARKETS
 FOR RECYCLED MATERIALS; AND
   (V)  WHETHER  THE  PLAN  CREATES  A CONVENIENT SYSTEM FOR CONSUMERS TO
 RECYCLE COVERED PACKAGING AND PAPER PRODUCTS THAT MEETS OR  EXCEEDS  THE
 CONVENIENCE  CRITERIA SET FORTH IN PARAGRAPH (I) OF SUBDIVISION THREE OF
 SECTION 27-3307 OF THIS TITLE.
   (C) THE DEPARTMENT MAY DENY A PLAN.   (I) IF A  PLAN  IS  DENIED,  THE
 DEPARTMENT SHALL INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
 PRODUCER  RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION
 IN WRITING AS TO ANY DEFICIENCIES IN SAID PLAN. A PRODUCER  IMPLEMENTING
 AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR PRODUCER
 RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT  ANY  DENIED  PLANS
 FOR  RECONSIDERATION  WITHIN SIXTY DAYS OF NOTIFICATION OF THE DENIAL OF
 SAID PLAN. THE DEPARTMENT SHALL APPROVE OR DENY SAID PLAN WITHIN  THIRTY
 DAYS OF RESUBMISSION.
   (II)  IF  A  PLAN IS DENIED A SECOND TIME, THE DEPARTMENT WILL PROVIDE
 THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION WITH DIRECTION FOR MEET-
 ING ANY ADDITIONAL REQUIRED ELEMENTS OF THE PLAN IT DEEMS NECESSARY.
   (D) THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVAL PLAN AT ANY
 TIME FOR JUST CAUSE.   IF A PLAN  IS  RESCINDED,  THE  DEPARTMENT  SHALL
 INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
 SIBILITY  PROGRAM  OR PRODUCER RESPONSIBILITY ORGANIZATION IN WRITING AS
 TO ANY AND ALL REASONS WHY THE PLAN WAS RESCINDED. A PRODUCER IMPLEMENT-
 ING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM  OR  PRODUCER
 RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY RESCINDED PLANS
 FOR  RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE RESCISSION
 OF SAID PLAN. THE DEPARTMENT SHALL APPROVE OR REJECT  SAID  PLAN  WITHIN
 THIRTY DAYS OF RESUBMISSION.
 S. 8008                            94                            A. 9008
 
   5. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY  PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL NOTIFY THE
 DEPARTMENT OF ANY MODIFICATION TO THE PROGRAM. IF THE DEPARTMENT  DETER-
 MINES THAT THE PRODUCER RESPONSIBILITY PLAN HAS BEEN SUBSTANTIALLY MODI-
 FIED,  THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
 SIBILITY  PROGRAM  OR  PRODUCER   RESPONSIBILITY   ORGANIZATION,   AFTER
 CONSULTATION  WITH  THE ADVISORY COMMITTEE, SHALL SUBMIT A PROPOSED PLAN
 AMENDMENT DESCRIBING THE CHANGES TO THE DEPARTMENT WITHIN NINETY DAYS OF
 THE DETERMINATION. WITHIN NINETY DAYS OF RECEIPT OF A  PROPOSED  AMENDED
 PLAN,  THE  DEPARTMENT SHALL DETERMINE WHETHER THE AMENDED PLAN COMPLIES
 WITH THIS TITLE. THE  DEPARTMENT  SHALL  SEND  A  LETTER  NOTIFYING  THE
 PRODUCER  IMPLEMENTING  AN  INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION OF: (A) APPROVAL; OR (B)
 DISAPPROVAL, INCLUDING THE REASONS FOR REJECTING THE PLAN. THE  PRODUCER
 IMPLEMENTING  AN  INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
 PRODUCER RESPONSIBILITY  ORGANIZATION  SHALL  PROVIDE  THE  DEPARTMENT'S
 LETTER  OF  DISAPPROVAL  TO THE ADVISORY COMMITTEE.  THE PRODUCER IMPLE-
 MENTING  AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR
 PRODUCER  RESPONSIBILITY ORGANIZATION SHALL SUBMIT A REVISED PLAN WITHIN
 SIXTY DAYS AFTER RECEIPT OF THE LETTER OF DISAPPROVAL.
   6. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION  SHALL  REIMBURSE
 THE DEPARTMENT ANNUALLY AT THE TIME OF ANNUAL REPORTING FOR ALL ADMINIS-
 TRATIVE  COSTS  ASSOCIATED WITH OVERSIGHT OF THE PROGRAM, WHICH SHALL BE
 DEPOSITED TO THE CREDIT OF THE STEWARDSHIP ORGANIZATION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
 § 27-3309. REPORTING REQUIREMENTS AND AUDITS.
   1. FIFTEEN MONTHS AFTER THE FIRST PLAN OF A PRODUCER  IMPLEMENTING  AN
 INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
 SIBILITY ORGANIZATION IS  IMPLEMENTED,  AND  ANNUALLY  THEREAFTER,  EACH
 PRODUCER  IMPLEMENTING  AN  INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM, OR EACH PRODUCER RESPONSIBILITY ORGANIZATION,  SHALL  SUBMIT  A
 REPORT TO THE DEPARTMENT THAT DETAILS THE PRIOR CALENDAR YEAR'S PROGRAM.
 THE  REPORT  SHALL BE POSTED ON THE WEBSITE OF THE PRODUCER IMPLEMENTING
 AN INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR  PRODUCER
 RESPONSIBILITY ORGANIZATION.
   2. SUCH ANNUAL REPORT SHALL INCLUDE:
   (A)  A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
 AND PROCESS PACKAGING AND PAPER PRODUCTS INCLUDING DETAILING  COLLECTION
 METHODS  MADE  AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S
 COLLECTION CONVENIENCE;
   (B) A DETAILED DESCRIPTION  OF  THE  AMOUNT  OF  PACKAGING  AND  PAPER
 PRODUCTS  SOLD,  OFFERED  FOR  SALE,  OR DISTRIBUTED TO CONSUMERS IN THE
 STATE ON AN ANNUAL BASIS, INCLUDING A PERCENTAGE OF PACKAGING AND  PAPER
 PRODUCTS  SOLD,  OFFERED  FOR  SALE,  OR DISTRIBUTED TO CONSUMERS IN THE
 STATE THROUGH INTERNET TRANSACTIONS;
   (C) THE WEIGHT OF PACKAGING AND PAPER PRODUCTS COLLECTED FOR REUSE  OR
 RECYCLING IN THE STATE, BY MATERIAL TYPE;
   (D)  THE  WEIGHT,  BY  MATERIAL  TYPE, OF PACKAGING AND PAPER PRODUCTS
 COLLECTED FOR REUSE OR RECYCLING IN THE STATE BY THE METHOD OF  DISPOSI-
 TION;
   (E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
   (F)   FINANCIAL   STATEMENTS   DETAILING  ALL  DEPOSITS  RECEIVED  AND
 REIMBURSEMENTS PAID BY THE PRODUCERS COVERED BY THE APPROVED PLAN;
   (G) A DETAILED ACCOUNTING  OF  HOW  THE  PROGRAM  COMPENSATED  MUNICI-
 PALITIES,  SOLID  WASTE COLLECTION, TRANSPORTATION, SORTING, AND REPROC-
 S. 8008                            95                            A. 9008
 
 ESSING COMPANIES, AND OTHER ENTITIES, FOR THEIR  RECYCLING  EFFORTS  AND
 OTHER RELATED SERVICES;
   (H)  A  DESCRIPTION  OF  INVESTMENTS MADE IN INFRASTRUCTURE AND MARKET
 DEVELOPMENT IN NEW YORK  STATE  AS  RELATED  TO  THE  NEEDS  IDENTIFIED,
 INCLUDING  THE  AMOUNT  SPENT EXPRESSED AS A PERCENTAGE OF THE PROGRAM'S
 TOTAL ANNUAL EXPENDITURES;
   (I) A DESCRIPTION OF INVESTMENT MADE AND AN EVALUATION OF  THE  EFFEC-
 TIVENESS  OF OUTREACH AND EDUCATION EFFORTS TO DETERMINE WHETHER CHANGES
 ARE NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION  EFFORTS.  IF  THE
 DEPARTMENT  DETERMINES  IMPROVEMENTS  ARE NECESSARY, THE PRODUCER IMPLE-
 MENTING  AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR
 PRODUCER  RESPONSIBILITY  ORGANIZATION  SHALL  DEVELOP  NEW AND IMPROVED
 OUTREACH AND EDUCATION METHODS FOR APPROVAL BY THE DEPARTMENT;
   (J) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS  OR
 OTHER ENTITIES;
   (K)  A  DETAILED  LIST  OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
 METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
 ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
   (L) THE ACHIEVED POST-CONSUMER RECYCLED CONTENT RATES, RECOVERY RATES,
 AND RECYCLING RATES FOR PACKAGING AND PAPER PRODUCT MATERIAL TYPES,  HOW
 THE  RATES  WERE  DERIVED,  AND  A  DISCUSSION OF HOW THESE RATES MAY BE
 IMPROVED. IF, UPON CONSULTATION WITH THE ADVISORY  COMMITTEE,  THERE  IS
 REASON  TO  ADJUST  MINIMUM  RATES,  THE  ANNUAL  REPORT  SHALL  INCLUDE
 SUGGESTIONS AND JUSTIFICATIONS FOR THE DEPARTMENT TO  CONSIDER  REVISION
 OF SUCH RATES IN REGULATION;
   (M)  A  DETAILED  DESCRIPTION  OF ANY EFFORTS UNDERTAKEN TO REDUCE THE
 AMOUNT OF PACKAGING USED; CHANGES IN MATERIAL TYPES  USED  IN  PACKAGING
 THAT  HAVE  HELPED  TO  IMPROVE  RECYCLABILITY,  POST-CONSUMER  RECYCLED
 CONTENT RATES, RECOVERY RATES, RECYCLING RATES FOR PACKAGING, GREENHOUSE
 GAS EMISSIONS, AND THE RESULT ON PROGRAM  IMPLEMENTATION  COSTS  THROUGH
 SUCH EFFORTS;
   (N)  A  DISCUSSION ON THE FEASIBILITY TO INCREASE CONSUMER CONVENIENCE
 THROUGH CURBSIDE COLLECTION, FACILITY DROP-OFF, EVENTS OR OTHER ALTERNA-
 TIVES, AND TO EXPAND THE PROGRAM, FOR  EXAMPLE,  TO  INCLUDE  ADDITIONAL
 SERVICE  TO  CONSUMERS  WITHOUT PREVIOUS ACCESS TO RECYCLING COLLECTION,
 AND PUBLIC SPACES, AS WELL AS A DISCUSSION ON HOW  THE  PRODUCER  IMPLE-
 MENTING  AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR
 PRODUCER RESPONSIBILITY ORGANIZATION PLANS FOR  CONTINUOUS  IMPROVEMENT;
 AND
   (O)  AN  EVALUATION  OF  THE FEASIBILITY AND RECOMMENDATION FOR ADDING
 BEVERAGES IN BEVERAGE CONTAINERS AS DEFINED IN TITLE TEN OF THIS ARTICLE
 TO THE COVERED PACKAGING AND PAPER PRODUCTS DEFINITION OF THIS TITLE.
   3. PRIOR TO THE SUBMISSION OF THE ANNUAL REPORT, ALL DATA AND INFORMA-
 TION THAT IS MATERIAL  TO  THE  DEPARTMENT'S  REVIEW  OF  THE  PROGRAM'S
 COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE SHALL BE ANNUALLY AUDITED
 AND  VERIFIED  BY  AN  INDEPENDENT  THIRD-PARTY AUDITOR, APPROVED BY THE
 DEPARTMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, A REVIEW AND VERIFICA-
 TION OF ALL FINANCIAL DOCUMENTATION AND ALL INFORMATION RELATED  TO  THE
 MATERIAL RECYCLING RATES, RECOVERY RATES, AND THE POST-CONSUMER RECYCLED
 CONTENT  RATES. A COPY OF THE INDEPENDENT AUDIT SHALL BE INCLUDED IN THE
 ANNUAL REPORT.
   4. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY  CONFIDEN-
 TIAL  INFORMATION  THAT  THE  DEPARTMENT DETERMINES TO BE TRADE SECRETS,
 CONFIDENTIAL COMMERCIAL INFORMATION OR CRITICAL INFRASTRUCTURE  INFORMA-
 TION,  IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND THE
 DEPARTMENT'S RULES AND REGULATIONS PROMULGATED PURSUANT THERETO.
 S. 8008                            96                            A. 9008
 
 § 27-3311. ANTITRUST PROTECTIONS.
   A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM  OR  PRODUCER  RESPONSIBILITY  ORGANIZATION  THAT  ORGANIZES THE
 COLLECTION,  TRANSPORTATION,  AND  PROCESSING  OF  PACKAGING  AND  PAPER
 PRODUCTS,  IN  ACCORDANCE  WITH  A  PRODUCER RESPONSIBILITY PROGRAM PLAN
 APPROVED UNDER THIS TITLE, SHALL NOT  BE  LIABLE  FOR  ANY  CLAIM  OF  A
 VIOLATION  OF  ANTITRUST,  RESTRAINT  OF TRADE, OR UNFAIR TRADE PRACTICE
 ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM  PURSUANT
 TO  THIS  TITLE;  PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO ANY
 AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OF PACKAGING  OR  A  PAPER
 PRODUCT,  OR  THE  OUTPUT OR PRODUCTION OF ANY AGREEMENT RESTRICTING THE
 GEOGRAPHIC AREA OR CUSTOMERS TO WHICH PACKAGING OR A PAPER PRODUCT  WILL
 BE SOLD.
 § 27-3313. PENALTIES.
   1.  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
 THAT VIOLATES ANY PROVISION OF OR FAILS  TO  PERFORM  ANY  DUTY  IMPOSED
 PURSUANT  TO  THIS  TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
 THERETO, OR ANY FINAL DETERMINATION OR ORDER OF  THE  COMMISSIONER  MADE
 PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE
 LIABLE  FOR  A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH
 VIOLATION AND AN ADDITIONAL  PENALTY  OF  NOT  MORE  THAN  FIVE  HUNDRED
 DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   2.  (A)  ANY  PRODUCER  OR  PRODUCER  RESPONSIBILITY  ORGANIZATION WHO
 VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED  PURSUANT
 TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR
 ANY  TERM  OR  CONDITION  OF  ANY REGISTRATION OR PERMIT ISSUED PURSUANT
 THERETO, OR ANY FINAL DETERMINATION OR ORDER OF  THE  COMMISSIONER  MADE
 PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE
 LIABLE  FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH
 VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN ONE  THOUSAND  FIVE
 HUNDRED  DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. FOR
 A SECOND VIOLATION COMMITTED WITHIN TWELVE MONTHS OF A PRIOR  VIOLATION,
 THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM  OR  PRODUCER  RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A
 CIVIL PENALTY NOT TO EXCEED  TEN  THOUSAND  DOLLARS  AND  AN  ADDITIONAL
 PENALTY  OF  NOT  MORE  THAN  THREE THOUSAND DOLLARS FOR EACH DAY DURING
 WHICH SUCH VIOLATION CONTINUES. FOR  A  THIRD  OR  SUBSEQUENT  VIOLATION
 COMMITTED  WITHIN  TWELVE  MONTHS  OF  ANY PRIOR VIOLATION, THE PRODUCER
 IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY  PROGRAM  OR
 PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT  TO  EXCEED TWENTY THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF SIX
 THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   (B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA-
 TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR  ANY  PENALTIES  ASSESSED
 AGAINST  THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE
 AND ARTICLE SEVENTY-ONE OF THIS CHAPTER.
   3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT AFTER AN OPPORTUNITY TO BE HEARD  PURSUANT  TO  THE  PROVISIONS  OF
 SECTION  71-1709  OF  THIS  CHAPTER,  OR  BY  THE COURT IN ANY ACTION OR
 PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN  ADDITION
 THERETO,  SUCH  PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED BY THE DEPARTMENT MAY  BE  REVOKED  OR  SUSPENDED  OR  A  PENDING
 RENEWAL DENIED.
   4.  THE  DEPARTMENT  AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
 ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED  SHALL  BE
 S. 8008                            97                            A. 9008
 
 DEPOSITED  TO  THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND AS ESTAB-
 LISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3315. STATE PREEMPTION.
   JURISDICTION  IN  ALL  MATTERS  PERTAINING TO ACTIVITY-BASED COSTS AND
 FUNDING MECHANISMS OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING  TO
 THE  RECOVERY  OF  PACKAGING AND PAPER PRODUCTS BY THIS TITLE, IS VESTED
 EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY LOCAL LAW  OR  ORDINANCE,
 OR  ANY  RULE OR REGULATION PROMULGATED THERETO, GOVERNING PACKAGING AND
 PAPER PRODUCTS RECYCLING SHALL, UPON THE EFFECTIVE DATE OF  THIS  TITLE,
 BE  PREEMPTED;  PROVIDED  HOWEVER,  THAT  NOTHING  IN THIS SECTION SHALL
 PRECLUDE A  PERSON  FROM  COORDINATING,  FOR  RECYCLING  OR  REUSE,  THE
 COLLECTION OF PACKAGING AND PAPER PRODUCTS.
 § 27-3317. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
   THE  DEPARTMENT SHALL HAVE THE AUTHORITY TO PROMULGATE RULES AND REGU-
 LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE.
 § 27-3319. EXTENDED PRODUCER RESPONSIBILITY REPORTING  TO  THE  GOVERNOR
              AND LEGISLATURE.
   1.  (A)  BY  NOVEMBER  FIRST, TWO THOUSAND TWENTY-FOUR, AND BIENNIALLY
 THEREAFTER, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR AND  LEGISLATURE
 A REPORT THAT INCLUDES THE FOLLOWING:
   (I)  A  REVIEW  AND EVALUATION OF THE PERFORMANCE OF EXISTING EXTENDED
 PRODUCER RESPONSIBILITY PROGRAMS IN THE STATE;
   (II) RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE THROUGH  LEGISLATION
 TO IMPROVE EXISTING EXTENDED PRODUCER RESPONSIBILITY PROGRAMS;
   (III) RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE THROUGH LEGISLATION
 TO  PROMOTE  THE  REDUCTION  TARGETS  THROUGH  THE PROMOTION OF REUSABLE
 PRODUCTS OR SOURCE REDUCTION; AND
   (IV) DRAFT LEGISLATION REQUIRED TO AMEND AN EXISTING EXTENDED PRODUCER
 RESPONSIBILITY PROGRAM BASED ON RECOMMENDATIONS IN PARAGRAPH (B) OF THIS
 SUBDIVISION.
   (B) THE REPORT SUBMITTED IN ACCORDANCE WITH THIS SECTION SHALL FULFILL
 THE REQUIREMENTS FOUND IN SUBDIVISION FOUR OF SECTION 27-1807,  SUBDIVI-
 SION  TWO OF SECTION 27-2005, AND SUBDIVISION FOUR OF SECTION 27-2617 OF
 THIS ARTICLE, AND FUTURE BIENNIAL REPORTS ON EXTENDED PRODUCER RESPONSI-
 BILITY PROGRAMS REQUIRED OF THE DEPARTMENT TO BE PROVIDED TO THE  GOVER-
 NOR AND LEGISLATURE.
   2.  THE  DEPARTMENT  SHALL COLLECT INFORMATION AVAILABLE IN THE PUBLIC
 DOMAIN REGARDING POTENTIAL PRODUCTS IN THE WASTE  STREAM  TO  ASSIST  IN
 DESIGNATING PRODUCTS OR PRODUCT CATEGORIES FOR EXTENDED PRODUCER RESPON-
 SIBILITY  PROGRAMS  IN  ACCORDANCE  WITH THIS TITLE. AT THE DEPARTMENT'S
 DISCRETION, A REPORT SHALL BE SUBMITTED TO THE GOVERNOR AND  LEGISLATURE
 WHICH SHALL CONTAIN THE FOLLOWING:
   (A)  RECOMMENDATIONS  FOR ESTABLISHING NEW EXTENDED PRODUCER RESPONSI-
 BILITY PROGRAMS. THE DEPARTMENT MAY  IDENTIFY  A  POTENTIAL  PRODUCT  OR
 PRODUCT  CATEGORY AS A CANDIDATE FOR AN EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM IF IT IS DETERMINED AFTER EVALUATION OF EACH  OF  THE  FOLLOWING
 THAT:
   (I)  THE  POTENTIAL  PRODUCT  OR  PRODUCT CATEGORY IS FOUND TO CONTAIN
 TOXINS THAT POSE THE RISK OF AN ADVERSE IMPACT  TO  THE  ENVIRONMENT  OR
 PUBLIC HEALTH AND SAFETY; OR
   (II)  AN  EXTENDED  PRODUCER  RESPONSIBILITY PROGRAM FOR THE POTENTIAL
 PRODUCT OR PRODUCT CATEGORY WILL INCREASE THE RECOVERY OF MATERIALS  FOR
 REUSE AND RECYCLING AND REDUCE THE NEED FOR USE OF VIRGIN MATERIALS; OR
   (III)  AN  EXTENDED  PRODUCER RESPONSIBILITY PROGRAM FOR THE POTENTIAL
 PRODUCT OR PRODUCT CATEGORY WILL REDUCE THE COSTS OF WASTE MANAGEMENT TO
 LOCAL GOVERNMENTS AND TAXPAYERS; OR
 S. 8008                            98                            A. 9008
 
   (IV) AN EXTENDED PRODUCER RESPONSIBILITY  PROGRAM  FOR  THE  POTENTIAL
 PRODUCT OR PRODUCT CATEGORY WILL ENHANCE ENERGY CONSERVATION OR MITIGATE
 CLIMATE CHANGE IMPACTS; OR
   (V)  AN  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM FOR THE POTENTIAL
 PRODUCT OR PRODUCT CATEGORY WILL BE  BENEFICIAL  FOR  EXISTING  AND  NEW
 BUSINESSES  AND  INFRASTRUCTURE  TO  MANAGE THE PRODUCTS AND LEAD TO THE
 DEVELOPMENT OF NEW INDUSTRIES TO UTILIZE THE RECOVERED MATERIALS; OR
   (VI) THERE EXISTS PUBLIC DEMAND FOR AN EXTENDED PRODUCER  RESPONSIBIL-
 ITY PROGRAM FOR THE POTENTIAL PRODUCT OR PRODUCT CATEGORY; OR
   (VII)  THERE  IS SUCCESS IN COLLECTING AND PROCESSING SIMILAR TYPES OF
 PRODUCTS IN PROGRAMS IN OTHER STATES OR COUNTRIES; OR
   (VIII) EXISTING VOLUNTARY EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAMS
 FOR  THE  POTENTIAL  PRODUCT  OR  PRODUCT  CATEGORY IN THE STATE ARE NOT
 EFFECTIVE IN ACHIEVING THE POLICY OF THIS CHAPTER; AND
   (B) DRAFT LEGISLATION REQUIRED TO IMPLEMENT AND  ENFORCE  AN  EXTENDED
 PRODUCER RESPONSIBILITY PROGRAM FOR A POTENTIAL PRODUCT OR PRODUCT CATE-
 GORY RECOMMENDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   3.  AT  LEAST  THIRTY  DAYS PRIOR TO SUBMITTING THE REPORT PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION TO THE  GOVERNOR  AND  LEGISLATURE,  THE
 DEPARTMENT  SHALL  POST  THE  REPORT ON ITS PUBLICLY ACCESSIBLE WEBSITE.
 WITHIN THAT PERIOD, A  PERSON  MAY  SUBMIT  TO  THE  DEPARTMENT  WRITTEN
 COMMENTS  REGARDING  THE  REPORT. THE DEPARTMENT SHALL SUBMIT ALL PUBLIC
 COMMENTS RECEIVED TO THE GOVERNOR AND LEGISLATURE WITH THE REPORT.
 § 27-3321. SEVERABILITY.
   THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE  AND  IF  ANY  PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE OR THE APPLICABILITY THEREOF
 TO  ANY  PERSON  OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 3. The state finance law is amended by adding a new section 92-kk to
 read as follows:
   § 92-KK. STEWARDSHIP ORGANIZATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 THE  DEPARTMENT  OF  TAXATION AND FINANCE, A SPECIAL FUND TO BE KNOWN AS
 THE "STEWARDSHIP ORGANIZATION FUND".
   2. THE STEWARDSHIP ORGANIZATION FUND  SHALL  CONSIST  OF  ALL  REVENUE
 COLLECTED  FROM  FEES  PURSUANT TO TITLE THIRTY-THREE OF ARTICLE TWENTY-
 SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST  RECOVERIES  OR
 OTHER REVENUES COLLECTED PURSUANT TO TITLE THIRTY-THREE OF ARTICLE TWEN-
 TY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION LAW, AND ANY OTHER MONIES
 DEPOSITED INTO THE FUND PURSUANT TO LAW.
   3. MONEYS OF THE FUND, FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL  BE  USED  FOR  EXECUTION OF THE PROGRAM PURSUANT TO TITLE THIRTY-
 THREE OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, AND
 EXPENDED FOR THE PURPOSES AS SET FORTH IN TITLE THIRTY-THREE OF  ARTICLE
 TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 4. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. Title 2 of article 37 of the environmental conservation law
 is REPEALED and a new title 2 is added to read as follows:
                                  TITLE 2
                          TOXICS IN PACKAGING ACT
 SECTION 37-0201. LEGISLATIVE FINDINGS AND INTENT.
         37-0203. SHORT TITLE AND DEFINITIONS.
         37-0205. PROHIBITIONS.
 S. 8008                            99                            A. 9008

         37-0207. CERTIFICATE OF COMPLIANCE.
         37-0209. VIOLATIONS.
         37-0211. REGULATIONS.
         37-0213. SEVERABILITY.
 § 37-0201. LEGISLATIVE FINDINGS AND INTENT.
   THE LEGISLATURE FINDS AND DECLARES THAT:
   1.  THE  MANAGEMENT OF SOLID WASTE CAN POSE A WIDE RANGE OF HAZARDS TO
 PUBLIC HEALTH AND SAFETY AND TO THE ENVIRONMENT; AND
   2. PACKAGING COMPRISES A SIGNIFICANT PERCENTAGE OF THE  OVERALL  SOLID
 WASTE STREAM; AND
   3.  THE PRESENCE OF CHEMICALS, SUCH AS HEAVY METALS, IN PACKAGING IS A
 PART OF THE TOTAL CONCERN IN LIGHT OF THEIR LIKELY PRESENCE IN EMISSIONS
 OR ASH WHEN PACKAGING IS INCINERATED, OR IN LEACHATE WHEN  PACKAGING  IS
 LANDFILLED; AND
   4.  LEAD, MERCURY, CADMIUM, HEXAVALENT CHROMIUM, PFAS, AND PHTHALATES,
 ON THE BASIS OF  AVAILABLE  SCIENTIFIC  AND  MEDICAL  EVIDENCE,  ARE  OF
 PARTICULAR CONCERN; AND
   5. IT IS DESIRABLE AS A FIRST STEP IN REDUCING THE TOXICITY OF PACKAG-
 ING WASTE TO ELIMINATE THE ADDITION OF THESE CHEMICALS TO PACKAGING; AND
   6.  THE  INTENT OF THIS TITLE IS TO ACHIEVE THIS REDUCTION IN TOXICITY
 WITHOUT IMPEDING OR DISCOURAGING THE EXPANDED USE OF POST-CONSUMER MATE-
 RIALS IN THE PRODUCTION OF PACKAGING AND ITS COMPONENTS.
 § 37-0203. SHORT TITLE AND DEFINITIONS.
   1. THIS TITLE SHALL BE KNOWN AS AND MAY BE CITED  AS  THE  "TOXICS  IN
 PACKAGING ACT".
   2. FOR THE PURPOSE OF THIS TITLE, THE TERM:
   A.  "DISTRIBUTE"  MEANS  TO OFFER FOR SALE, BARTER, EXCHANGE, GIVE, OR
 SUPPLY.
   B. "DISTRIBUTOR" MEANS THE IMPORTER, OR FIRST DOMESTIC DISTRIBUTOR  OF
 A  PACKAGE  OR PACKAGING COMPONENT, IF THE PERSON WHO CURRENTLY MANUFAC-
 TURERS OR ASSEMBLES THE PRODUCT DOES NOT HAVE A PRESENCE IN  THE  UNITED
 STATES.    PERSONS  INVOLVED SOLELY IN DELIVERING A PACKAGE OR PACKAGING
 COMPONENT ON BEHALF OF THIRD PARTIES ARE NOT CONSIDERED DISTRIBUTORS.
   C. "FOOD PACKAGING" MEANS A PACKAGE OR  PACKAGING  COMPONENT  THAT  IS
 INTENDED  FOR  DIRECT  FOOD  CONTACT  AND IS COMPRISED OF IN SUBSTANTIAL
 PART,  BUT  NOT  LIMITED  TO,  PAPER,  PAPERBOARD,  OR  OTHER  MATERIALS
 ORIGINALLY DERIVED FROM PLANT FIBERS.
   D.  "MANUFACTURER" MEANS ANY PERSON WHO CURRENTLY MANUFACTURES A PACK-
 AGE OR PACKAGING COMPONENT, OR WHOSE BRAND NAME IS AFFIXED TO SUCH PACK-
 AGE OR PACKAGING COMPONENT. IN THE CASE OF A PACKAGE OR PACKAGING COMPO-
 NENT THAT WAS IMPORTED INTO THE UNITED STATES,  "MANUFACTURER"  INCLUDES
 THE  IMPORTER  OR FIRST DOMESTIC DISTRIBUTOR OF THE PACKAGE OR PACKAGING
 COMPONENT IF THE PERSON WHO  CURRENTLY  MANUFACTURES  OR  ASSEMBLES  THE
 PACKAGE  OR  PACKAGING  COMPONENT OR WHOSE BRAND NAME IS AFFIXED TO SUCH
 PACKAGE OR PACKAGING COMPONENT DOES NOT HAVE A PRESENCE  IN  THE  UNITED
 STATES.
   E.  "PACKAGE"  MEANS  ANY  CONTAINER PRODUCED DOMESTICALLY OR INTERNA-
 TIONALLY THAT MARKETS, PROTECTS, OR ALLOWS FOR THE HANDLING OF A PRODUCT
 AND SHALL INCLUDE A UNIT PACKAGE, AN INTERMEDIATE PACKAGE, OR A SHIPPING
 CONTAINER. "PACKAGE" SHALL ALSO MEAN AND INCLUDE SUCH UNSEALED  RECEPTA-
 CLES  AS CARRYING CASES, CRATES, CUPS, PAILS, TUBS, RIGID FOIL AND OTHER
 TRAYS, WRAPPERS, WRAPPING FILMS, AND BAGS.
   F. "PACKAGING COMPONENT" MEANS ANY  INDIVIDUAL  ASSEMBLED  PART  OF  A
 PACKAGE  PRODUCED  DOMESTICALLY  OR  INTERNATIONALLY,  SUCH  AS, BUT NOT
 LIMITED TO, ANY INTERIOR  OR  EXTERIOR  BLOCKING,  BRACING,  CUSHIONING,
 S. 8008                            100                           A. 9008
 
 WEATHERPROOFING,  EXTERIOR  STRAPPING,  COATINGS,  CLOSURES, INKS, DYES,
 PIGMENTS, ADHESIVES, STABILIZERS, LABELS, OR ANY OTHER ADDITIVES.
   G. "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS ALL
 MEMBERS  OF  THE  CLASS  OF  FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.
   H. "PERSON" MEANS ANY INDIVIDUAL, PUBLIC OR PRIVATE CORPORATION, POLI-
 TICAL SUBDIVISION, GOVERNMENT AGENCY, MUNICIPALITY,  INDUSTRY,  CO-PART-
 NERSHIP, ASSOCIATION, FIRM, TRUST, ESTATE, OR ANY OTHER LEGAL ENTITY.
   I.  "PHTHALATES"  OR "ORTHO-PHTHALATES" MEANS ALL MEMBERS OF THE CLASS
 OF ORGANIC CHEMICALS THAT ARE ESTERS OF PHTHALIC ACID AND  THAT  CONTAIN
 TWO CARBON CHAINS LOCATED IN THE ORTHO POSITION.
 § 37-0205. PROHIBITIONS.
   1. NO PERSON SHALL DISTRIBUTE A PACKAGE OR PACKAGING COMPONENT, OR ANY
 PRODUCT  THAT INCORPORATES SUCH PACKAGE OR PACKAGING COMPONENT, IN WHICH
 LEAD, CADMIUM, MERCURY, OR HEXAVALENT CHROMIUM ARE PRESENT, INDIVIDUALLY
 OR IN COMBINATION, IN AMOUNTS EXCEEDING 100 PARTS PER MILLION BY WEIGHT.
   2. BEGINNING DECEMBER 31, 2024, NO PERSON SHALL DISTRIBUTE  A  PACKAGE
 OR PACKAGING COMPONENT, OR ANY PRODUCT THAT INCORPORATES SUCH PACKAGE OR
 PACKAGING COMPONENT, IN WHICH PHTHALATES ARE PRESENT, INDIVIDUALLY OR IN
 COMBINATION,  IN  AMOUNTS  EXCEEDING  100  PARTS  PER  MILLION BY WEIGHT
 (0.01%).
   3. BEGINNING DECEMBER 31, 2022, NO PERSON SHALL DISTRIBUTE FOOD  PACK-
 AGING,  OR  ANY  PRODUCT THAT INCORPORATES SUCH FOOD PACKAGING, IN WHICH
 PFAS IS PRESENT, INDIVIDUALLY OR IN COMBINATION,  IN  AMOUNTS  EXCEEDING
 100 PARTS PER MILLION BY WEIGHT (0.01%).
   4. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, BEGINNING DECEM-
 BER  31,  2024, NO PERSON SHALL DISTRIBUTE A PACKAGE OR PACKAGING COMPO-
 NENT, OR ANY PRODUCT THAT INCORPORATES SUCH PACKAGE OR PACKAGING  COMPO-
 NENT,  IN  WHICH  PFAS  IS  PRESENT,  INDIVIDUALLY OR IN COMBINATION, IN
 AMOUNTS EXCEEDING 100 PARTS PER MILLION BY WEIGHT (0.01%).
 § 37-0207. CERTIFICATE OF COMPLIANCE.
   NO PERSON WHO DISTRIBUTES A PACKAGE OR  PACKAGING  COMPONENT,  OR  ANY
 PRODUCT  THAT INCORPORATES SUCH PACKAGE OR PACKAGING COMPONENT, SHALL BE
 HELD IN VIOLATION OF THIS TITLE IF THEY CAN SHOW  THAT  THEY  RELIED  IN
 GOOD  FAITH  ON THE WRITTEN ASSURANCE OF THE MANUFACTURER OR DISTRIBUTOR
 OF SUCH PACKAGE OR PACKAGING COMPONENT THAT SUCH A PACKAGE OR  PACKAGING
 COMPONENT  MET  THE  REQUIREMENTS  OF THIS TITLE. SUCH WRITTEN ASSURANCE
 SHALL TAKE THE FORM OF A CERTIFICATE OF COMPLIANCE, IN A FORM AND MANNER
 PRESCRIBED BY THE DEPARTMENT, STATING THAT SUCH A PACKAGE  OR  PACKAGING
 COMPONENT  IS  IN  COMPLIANCE  WITH  THE REQUIREMENTS OF THIS TITLE. THE
 CERTIFICATE OF COMPLIANCE SHALL BE SIGNED BY AN  AUTHORIZED  OFFICER  OF
 THE  MANUFACTURER OR DISTRIBUTOR OF SUCH PACKAGE OR PACKAGING COMPONENT.
 A COPY OF THE CERTIFICATE OF COMPLIANCE SHALL BE KEPT  ON  FILE  BY  THE
 MANUFACTURER  OR  DISTRIBUTOR OF THE PACKAGE OR PACKAGING COMPONENT, AND
 SHALL BE PROVIDED TO THE DEPARTMENT, UPON REQUEST.
 § 37-0209. VIOLATIONS.
   A VIOLATION OF ANY OF THE PROVISIONS OF THIS  TITLE  OR  ANY  RULE  OR
 REGULATION  PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE CASE
 OF A FIRST VIOLATION, BY A CIVIL PENALTY  NOT  TO  EXCEED  TEN  THOUSAND
 DOLLARS.  IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE LIABIL-
 ITY SHALL BE FOR A CIVIL PENALTY  NOT  TO  EXCEED  TWENTY-FIVE  THOUSAND
 DOLLARS  FOR EACH VIOLATION PER DAY.  THE COMMISSIONER SHALL DEPOSIT ALL
 MONEY RECOVERED OR RECEIVED BY THE DEPARTMENT IN SATISFACTION OF  PENAL-
 TIES  ASSESSED  FOR  VIOLATIONS  OF THIS TITLE OR ANY RULE OR REGULATION
 PROMULGATED PURSUANT THERETO TO THE CREDIT OF THE ENVIRONMENTAL  REGULA-
 TORY ACCOUNT.
 S. 8008                            101                           A. 9008
 
 § 37-0211. REGULATIONS.
   THE  DEPARTMENT  IS  AUTHORIZED TO PROMULGATE ANY OTHER SUCH RULES AND
 REGULATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT  THE  PROVISIONS  OF
 THIS  TITLE. THE DEPARTMENT IS AUTHORIZED TO EVALUATE OTHER CHEMICALS TO
 REVIEW FOR POTENTIAL REGULATION UNDER THIS TITLE.   THE  DEPARTMENT  MAY
 PROVIDE A REPORT BASED UPON THAT EVALUATION TO THE GOVERNOR AND LEGISLA-
 TURE  WHICH MAY CONTAIN RECOMMENDATIONS TO ADD OTHER CHEMICALS CONTAINED
 IN A PACKAGE OR PACKAGING COMPONENT TO  REGULATE  IN  ORDER  TO  FURTHER
 REDUCE THE TOXICITY OF PACKAGING WASTE.
 § 37-0213. SEVERABILITY.
   IF  ANY  CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION OR PART OF THIS TITLE
 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
 EOF,  BUT  SHALL  BE  CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE,
 PARAGRAPH, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY
 IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   §  2.  Subdivisions  1  and  2 of section 72-1009 of the environmental
 conservation law, subdivision 1 as amended by chapter 60 of the laws  of
 1993  and subdivision 2 as added by chapter 166 of the laws of 1991, are
 amended to read as follows:
   1. The environmental regulatory account shall  be  credited  with  all
 moneys  received  from fees and fee interest collected; all other moneys
 collected by the department pursuant to title  twenty-seven  of  article
 twenty-three  of this chapter, except as identified under article six of
 the public officers law; ALL MONEYS COLLECTED OR RECEIVED BY THE DEPART-
 MENT PURSUANT TO TITLE TWO OF ARTICLE THIRTY-SEVEN OF THIS CHAPTER;  and
 any other contributions or donations by the public to such account.
   2.  Moneys in the account, following appropriation by the legislature,
 shall be allocated upon the certification of approval  for  availability
 by  the director of the budget for the administration and enforcement of
 title twenty-seven of article twenty-three  AND  TITLE  TWO  OF  ARTICLE
 THIRTY-SEVEN  of  this chapter, including but not limited to monitoring,
 surveillance, enforcement, training, research, administration and  coop-
 eration with any federal, state or local agency.
   § 3. This act shall take effect immediately.
 
                                  PART TT
 
 Section  1. Short title. This act shall be known and may be cited as the
 "Suffolk County water quality restoration act".
   § 2. Legislative intent. The county  of  Suffolk  ("county"),  with  a
 population  of  one million five hundred thousand persons, has in excess
 of three hundred eighty  thousand  existing  onsite  systems,  comprised
 mostly  of  cesspools and septic systems, with two hundred nine thousand
 of these onsite systems in environmentally sensitive areas  which  could
 benefit  from nitrogen-reducing technologies. The United States Environ-
 mental Protection Agency recognizes Long Island as having a sole  source
 aquifer  system  for  its  drinking  water supply. Suffolk county has an
 imminent need to preserve this valuable water resource by  reducing  the
 amount  of  nitrogen  discharged into the groundwater by onsite systems.
 The full water cycle is impacted by increasing quantities of  nutrients,
 pathogens,  pesticides,  volatile  organic  contaminants  and  saltwater
 intrusion, as well as a number of emerging threats such as  prescription
 drugs and sea level rise.
 S. 8008                            102                           A. 9008
 
   The Suffolk county subwatersheds wastewater plan ("SWP"), certified by
 the   department  of  environmental  conservation  as  a  Nine  Elements
 Watershed (9E) plan, has documented  the  devastating  effects  of  high
 levels  of  nitrogen  pollution, not only on the drinking water quality,
 but  also  on  coastal  ecosystems,  dissolved  oxygen,  water  clarity,
 eelgrass, wetlands, shellfish,  coastal  resilience  and  in  triggering
 harmful  algal blooms. The Suffolk county subwatersheds wastewater plan,
 or SWP, is a long-term plan to address the need for wastewater treatment
 infrastructure throughout the county comprehensively over  a  period  of
 fifty years. The SWP delineates the source and concentration of nitrogen
 loading  in  one hundred ninety-one subwatersheds throughout the county,
 and established nitrogen reduction goals for each watershed.
   For many areas of the county, installing or connecting sewers is not a
 practical or cost-effective method  of  treating  wastewater.  For  that
 reason,  the  SWP  prescribes  a hybrid approach that relies on sewering
 where feasible, and the replacement of cesspools and septic systems with
 innovative/alternative onsite wastewater treatment systems. The  consol-
 idation  of  any  or  all of the twenty-seven county sewer districts, as
 well as unsewered areas of the county,  into  a  county-wide  wastewater
 management district allows for the implementation of a much needed inte-
 grated  long-term  wastewater solution for the county through comprehen-
 sive planning and management,  the  establishment  of  a  water  quality
 restoration  fund  and county-wide district board of trustees to monitor
 progress and the allocation of resources consistent with  the  goals  of
 the SWP.
   The  purpose of this act is to create a water quality restoration fund
 to finance projects for the protection, preservation, and rehabilitation
 of groundwater and surface waters as recommended by the  SWP.  This  act
 would allow the funding of projects that will mitigate wastewater pollu-
 tants utilizing the best available technology consistent with the SWP.
   A county-wide wastewater management district, supported by a dedicated
 and  recurring  revenue source, will provide an integrated and efficient
 approach to managing wastewater services across the  county;  allow  the
 county to enhance and expand its incentive program to property owners to
 upgrade  their  wastewater  treatment  systems  without  risk of adverse
 personal income tax consequences; to manage, monitor and enforce  nitro-
 gen  reduction  programs  throughout  the county; to complete additional
 sewer extension projects; and provide an opportunity to consolidate  and
 streamline the county's existing sewer district system and normalize the
 inequitable rate structure that has long existed.
   §  3.  The county law is amended by adding a new section 256-b to read
 as follows:
   §  256-B.  SUFFOLK  COUNTY  WASTEWATER  MANAGEMENT  DISTRICT.  1.  (A)
 NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
 THE CONTRARY, INCLUDING THIS ARTICLE, THE COUNTY LEGISLATURE OF  SUFFOLK
 COUNTY  IS HEREBY AUTHORIZED TO ESTABLISH BY RESOLUTION A SUFFOLK COUNTY
 WASTEWATER MANAGEMENT DISTRICT, HEREINAFTER REFERRED TO IN THIS  SECTION
 AS  THE  "DISTRICT",  WHICH SHALL INCLUDE ALL POWERS OF A SEWER DISTRICT
 AND A WASTEWATER DISPOSAL DISTRICT AS PROVIDED IN  SECTION  TWO  HUNDRED
 FIFTY  OF THIS ARTICLE AND AS SET FORTH IN THIS SUBDIVISION, PURSUANT TO
 THE PROCEDURE CONTAINED IN THIS SECTION.
   (B) IN ADDITION TO THE POWERS PROVIDED IN SECTION TWO HUNDRED FIFTY OF
 THIS ARTICLE, THE DISTRICT SHALL HAVE THE POWER, AS  DETERMINED  BY  THE
 COUNTY  LEGISLATURE,  TO:  (I)  CONSOLIDATE  ALL  OF  THE ORIGINAL SEWER
 DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS  OF  THE  COUNTY,
 UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES
 S. 8008                            103                           A. 9008
 
 OF ASSESSMENT WITHIN THE DISTRICT BASED UPON TERRITORIAL BOUNDARIES, THE
 METHOD  OF  WASTEWATER  COLLECTION,  TREATMENT AND DISPOSAL, EXISTING OR
 PROPOSED, OR BOTH, AND MAKE CHANGES TO SUCH ZONES OF ASSESSMENTS;  (III)
 ACQUIRE  INTERESTS IN REAL PROPERTY WHICH MAY BE COMPLETED BY THE TRANS-
 FER OF PROPERTY OF ORIGINAL SEWER DISTRICTS TO THE  DISTRICT,  NECESSARY
 FOR THE INSTALLATION AND MAINTENANCE OF DISTRICT FACILITIES; (IV) PRIOR-
 ITIZE  DISTRICT  PROJECTS  IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWAT-
 ERSHED WASTEWATER PLAN (SWP) ADOPTED BY THE COUNTY LEGISLATURE, AND  ANY
 AMENDMENTS THERETO; (V) RECEIVE FUNDS FROM THE COUNTY OR THE WATER QUAL-
 ITY  RESTORATION  FUND,  AS  ESTABLISHED  BY  SUBDIVISION TWELVE OF THIS
 SECTION, AND DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORDANCE
 WITH THE GOALS ESTABLISHED IN THE SUFFOLK COUNTY SUBWATERSHED WASTEWATER
 PLAN; (VI) ASSUME AND PAY ANY REMAINING INDEBTEDNESS  OF  EACH  ORIGINAL
 SEWER DISTRICT; (VII) ESTABLISH AND PROVIDE FOR THE COLLECTION OF CHARG-
 ES,  RATES,  TAXES OR ASSESSMENTS TO PROVIDE FOR THE COSTS OF OPERATION,
 EXPENSES,  INTEREST  PAYMENTS,  MAINTENANCE  AND  IMPROVEMENTS  OF   THE
 DISTRICT,  INCLUDING  BUT  NOT  LIMITED  TO:  (A)  SPECIAL ASSESSMENT AS
 DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE HUNDRED TWO  OF  THE  REAL
 PROPERTY  TAX LAW; (B) SPECIAL AD VALOREM LEVY AS DEFINED IN SUBDIVISION
 FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY  TAX  LAW;  (C)
 SEWER RENT AS PROVIDED UNDER ARTICLE FOURTEEN-F OF THE GENERAL MUNICIPAL
 LAW; AND (VIII) DISTRIBUTE GRANT PROCEEDS WITHIN THE DISTRICT IN ACCORD-
 ANCE WITH THE GOALS ESTABLISHED IN THE SWP.
   2.  BOUNDARIES. THE BOUNDARIES OF THE DISTRICT SHALL COINCIDE WITH THE
 TERRITORIAL BOUNDARIES OF THE COUNTY OF SUFFOLK.
   3. COUNTY AGENCY REVIEW  AND  REPORT.  THE  COUNTY  LEGISLATURE  SHALL
 DIRECT  THE  COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION
 TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO REVIEW AND REPORT  THEREON  TO
 THE  COUNTY  LEGISLATURE  ON THE CREATION OF THE DISTRICT AND THE MERGER
 THEREWITH OF ANY OR ALL EXISTING COUNTY SEWER  DISTRICTS  IN  ACCORDANCE
 WITH THIS SECTION AND SUCH OTHER DETAILS AS MAY BE DIRECTED BY THE COUN-
 TY  LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED
 SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY  LEGISLA-
 TURE.  UPON  RECEIPT  OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A
 PUBLIC HEARING PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO CREATE  A
 SUFFOLK  COUNTY  WASTEWATER  MANAGEMENT DISTRICT IN ACCORDANCE WITH THIS
 SECTION.  SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK  OF  THE
 LEGISLATURE OF SUFFOLK COUNTY.
   4.  RESOLUTION.  THE  COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A
 RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED  CREATION  OF  THE
 DISTRICT.
   5.  NOTICE.  THE  CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF
 THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH  NEWS-
 PAPERS  AND  WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED
 FIFTY-FOUR OF THIS ARTICLE.  SUCH NOTICE SHALL SPECIFY  THE  TIME,  DATE
 AND  LOCATION  OF  SUCH  HEARING  AND,  IN  GENERAL  TERMS, DESCRIBE THE
 PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE  PROPOSED  BASIS  OF  THE
 FUTURE  ASSESSMENT  OF  ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE-
 MENTS OF THE DISTRICT.
   6. HEARING AND RESOLUTION TO ESTABLISH.  (A)  THE  COUNTY  LEGISLATURE
 SHALL  MEET  AT THE TIME, DATE AND LOCATION SPECIFIED IN SUCH NOTICE AND
 HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF CONCERNING THE
 SAME.  IF THE COUNTY LEGISLATURE DETERMINES THAT IT  IS  IN  THE  PUBLIC
 INTEREST  TO  ESTABLISH  THE  DISTRICT  AS SPECIFIED IN SUCH NOTICE, THE
 COUNTY LEGISLATURE MAY ADOPT A RESOLUTION, SUBJECT TO A MANDATORY REFER-
 ENDUM, ESTABLISHING THE DISTRICT.
 S. 8008                            104                           A. 9008
 
   (B) THE PERMISSION OF THE STATE COMPTROLLER SHALL NOT BE  REQUIRED  TO
 ESTABLISH A DISTRICT CREATED PURSUANT TO THIS SECTION.
   7.  NOTICE  OF  ADOPTION  OF  RESOLUTION.    WITHIN TEN DAYS AFTER THE
 ADOPTION BY THE COUNTY LEGISLATURE OF THE RESOLUTION  TO  ESTABLISH  THE
 DISTRICT DESCRIBED IN SUBDIVISION SIX OF THIS SECTION, THE COUNTY LEGIS-
 LATURE  SHALL  GIVE NOTICE THEREOF, AT THE EXPENSE OF THE COUNTY, BY THE
 PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN SUCH  TIME  PERIOD
 AS  SET  FORTH IN SECTION ONE HUNDRED OF THIS CHAPTER. SUCH NOTICE SHALL
 SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND CONTAIN AN ABSTRACT
 OF SUCH RESOLUTION, DESCRIBING, IN  GENERAL  TERMS,  THE  DISTRICT,  THE
 BASIS  FOR  THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE
 AND IMPROVEMENTS, AND THAT SUCH RESOLUTION  WAS  ADOPTED  SUBJECT  TO  A
 MANDATORY REFERENDUM.
   8.  ASSESSMENTS,  LEVYS  AND  CHARGES.  AFTER THE ESTABLISHMENT OF THE
 DISTRICT IN ACCORDANCE WITH THIS SECTION, THE COUNTY IS  HEREBY  AUTHOR-
 IZED  BY RESOLUTION APPROVED BY MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF
 THE COUNTY LEGISLATURE TO ASSESS, LEVY AND  COLLECT  UPON  EACH  LOT  OR
 PARCEL  OF  LAND  SUBJECT  TO  TAXATION WITHIN THE DISTRICT: (A) SPECIAL
 ASSESSMENT AS THAT TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE
 HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS
 THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED  TWO
 OF THE REAL PROPERTY TAX LAW; AND (C) SEWER RENTS AS PROVIDED BY ARTICLE
 FOURTEEN-F  OF  THE  GENERAL MUNICIPAL LAW.  SUCH COSTS AND EXPENSES MAY
 INCLUDE, BUT SHALL NOT BE LIMITED TO, THE AMOUNT OF  MONEY  REQUIRED  TO
 PAY THE ANNUAL EXPENSES OF MAINTENANCE, OPERATION, PERSONNEL SERVICES OF
 THE  DISTRICT  AND  THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF
 PRINCIPAL OF, AND INTEREST  ON,  OBLIGATIONS  FOR  IMPROVEMENTS  OF  THE
 DISTRICT.    SUCH  SUMS  SO  LEVIED  SHALL BE COLLECTED BY THE LOCAL TAX
 COLLECTORS OR RECEIVERS OF TAXES AND ASSESSMENTS AND SHALL BE PAID  OVER
 TO THE CHIEF FISCAL OFFICER OF THE COUNTY, IN THE SAME MANNER AND AT THE
 SAME  TIME AS TAXES LEVIED FOR GENERAL COUNTY PURPOSES. THE CHIEF FISCAL
 OFFICER SHALL KEEP A SEPARATE ACCOUNT OF SUCH MONEYS AND THEY  SHALL  BE
 USED  ONLY  FOR PURPOSES SET FORTH IN THIS SECTION, AND IN ADDITION, ALL
 MONIES COLLECTED FROM EACH ZONE OF ASSESSMENT ESTABLISHED OR AMENDED  IN
 ACCORDANCE  WITH  THIS SECTION SHALL BE FURTHER SEGREGATED AND SHALL NOT
 BE COMMINGLED WITH MONIES OF  OTHER  ZONES  OF  ASSESSMENT  EXCEPT  UPON
 APPROVAL  BY RESOLUTION OF THE COUNTY LEGISLATURE UPON RECOMMENDATION OF
 THE DISTRICT BOARD  OF  TRUSTEES  ESTABLISHED  IN  ACCORDANCE  WITH  THE
 SUFFOLK COUNTY WATER QUALITY RESTORATION ACT.
   8-A.  RECORDING  DETERMINATION.  THE  CLERK  OF THE COUNTY LEGISLATURE
 SHALL WITHIN TEN DAYS AFTER THE EFFECTIVE DATE OF THE RESOLUTION  CREAT-
 ING  THE DISTRICT CAUSE A CERTIFIED COPY TO BE RECORDED IN THE OFFICE OF
 THE CLERK OF THE COUNTY  AND  WHEN  SO  RECORDED  SUCH  ORDER  SHALL  BE
 PRESUMPTIVE  EVIDENCE  OF  THE  REGULARITY  OF  THE  PROCEEDINGS FOR THE
 CREATION OF THE DISTRICT AND OF ALL OTHER ACTION  TAKEN  BY  THE  COUNTY
 LEGISLATURE  PURSUANT  TO  THIS  SECTION. A CERTIFIED COPY SHALL ALSO BE
 FILED IN THE OFFICE OF THE STATE DEPARTMENT  OF  AUDIT  AND  CONTROL  IN
 ALBANY, NEW YORK.
   9.  OTHER  LAWS.  ALL  PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE
 SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM  TIME  TO  TIME,
 NOT  INCONSISTENT  WITH  THE PROVISIONS OF THIS ARTICLE, RELATING TO THE
 ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF  SPECIAL  ASSESSMENTS,
 AD  VALOREM  LEVIES  AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF
 EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM  LEVIES
 AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION.
 S. 8008                            105                           A. 9008
 
   10. TOWNS AND VILLAGES. THIS SECTION SHALL NOT BE CONSTRUED AS MERGING
 THE  SEWER  DISTRICTS OF TOWNS AND VILLAGES WITHIN THE COUNTY OF SUFFOLK
 INTO THE DISTRICT CREATED BY THIS SECTION, HOWEVER  THE  MERGER  OF  ANY
 TOWN  OR VILLAGE SEWER DISTRICT WITH THE DISTRICT SHALL BE IN ACCORDANCE
 WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
   11.  WATER  QUALITY RESTORATION FEE. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, THE COUNTY OF SUFFOLK IS AUTHORIZED TO ESTABLISH
 A WATER QUALITY RESTORATION FUND PURSUANT TO SUBDIVISION TWELVE OF  THIS
 SECTION, TO BE FINANCED BY THE WATER QUALITY RESTORATION FEE AS PROVIDED
 BY  THIS SUBDIVISION.   SAID FUND SHALL BE ENACTED BY LOCAL LAW, SUBJECT
 TO MANDATORY REFERENDUM, PURSUANT TO SECTION TWENTY-THREE OF THE MUNICI-
 PAL HOME RULE LAW.
   (B) FOR EACH RESIDENTIAL DWELLING UNIT, THE FEE SHALL BE FIVE  DOLLARS
 PER  MONTH.  FOR ALL OTHER PROPERTIES, THE FEE SHALL BE FIVE DOLLARS PER
 MONTH FOR EACH "EQUIVALENT DWELLING UNIT" (EDU). AN EDU SHALL BE DEFINED
 AS THREE HUNDRED GALLONS OF WASTEWATER GENERATED PER DAY. THE NUMBER  OF
 EDUS  FOR  EACH  PROPERTY  SHALL  BE  DETERMINED BY THE ACTUAL AMOUNT OF
 WASTEWATER GENERATED PER DAY. WHERE SUCH  AMOUNT  OF  ACTUAL  WASTEWATER
 GENERATED  PER  DAY CANNOT BE DETERMINED FOR A PROPERTY,  THE COUNTY, BY
 LOCAL LAW, SHALL ESTABLISH A SCHEDULE OF EDUS FOR EACH CATEGORY OF  LAND
 USE  CONSISTENT WITH THE SUFFOLK COUNTY SANITARY CODE. THE LOCAL LAW MAY
 PROVIDE FOR SUBCATEGORIES FOR EACH LAND USE.
   (C) SUCH FEE SHALL BE COLLECTED ON ALL PROPERTIES  IN  THE  COUNTY  OF
 SUFFOLK  EXCEPT  AS PROVIDED HEREIN. WATER USAGE ON PUBLIC LAND SHALL BE
 EXCLUDED FROM SUCH FEE. LAND UTILIZED AS PART OF A FARM  OPERATION:  (I)
 LOCATED  IN  AN AGRICULTURAL DISTRICT; OR (II) BENEFITTED BY AN AGRICUL-
 TURAL ASSESSMENT, PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE  AGRICULTURE
 AND  MARKETS  LAW; OR (III) SUBJECT TO A GOVERNMENT PURCHASE OF DEVELOP-
 MENT RIGHTS  PROGRAM;  OR  (IV)  OTHERWISE  PROTECTED  FOR  AGRICULTURAL
 PURPOSES  SHALL  BE  EXEMPT  FROM  THE FEE. FOR THE PURPOSES OF THIS ACT
 "PUBLIC LAND" SHALL MEAN ANY LAND EXEMPT  FROM  REAL  PROPERTY  TAXATION
 PURSUANT  TO TITLE ONE OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW. FOR
 THE PURPOSES OF THIS SECTION, "FARM OPERATION" SHALL HAVE THE SAME MEAN-
 ING AS PROVIDED FOR IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE  AND
 MARKETS LAW.
   (D)   THE LOCAL LAW SHALL ALSO PROVIDE FOR AN EXEMPTION FROM THE WATER
 RESTORATION FEE BASED UPON SUBSTANTIAL FINANCIAL HARDSHIP.
   (E) THE COUNTY, BY LOCAL LAW, SHALL DETERMINE THE CRITERIA FOR  ESTAB-
 LISHING  SUCH  SUBSTANTIAL FINANCIAL HARDSHIP. THE COUNTY, BY LOCAL LAW,
 SHALL DETERMINE THE MEANS AND MANNER OF  COLLECTION FOR THE FEE  AUTHOR-
 IZED PURSUANT TO THIS SECTION.
   12.  WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION
 OF LAW TO THE CONTRARY, THE NET COLLECTIONS FROM THE FEE IMPOSED  PURSU-
 ANT  TO  SUBDIVISION  ELEVEN  OF  THIS  SECTION  SHALL BE DEPOSITED IN A
 SPECIAL FUND BY THE COUNTY OF SUFFOLK, TO BE  DESIGNATED  AS  THE  WATER
 QUALITY  RESTORATION  FUND, TO BE CREATED BY SAID COUNTY THEREFOR, SEPA-
 RATE AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF THE  COUNTY.  IN  NO
 EVENT  SHALL  MONIES  DEPOSITED  IN THE FUND BE TRANSFERRED TO ANY OTHER
 ACCOUNT.  DEPOSITS INTO THE FUND MAY INCLUDE REVENUES OF SUFFOLK  COUNTY
 FROM  WHATEVER  SOURCE AND SHALL INCLUDE, AT A MINIMUM, ALL NET REVENUES
 FROM THE WATER QUALITY RESTORATION FEE IMPOSED PURSUANT  TO  SUBDIVISION
 ELEVEN  OF  THIS  SECTION.  THE  FUND SHALL ALSO BE AUTHORIZED TO ACCEPT
 GIFTS OF FUNDS. INTEREST ACCRUED BY MONIES DEPOSITED INTO THE FUND SHALL
 BE CREDITED TO THE FUND. NOTHING CONTAINED  IN  THIS  SECTION  SHALL  BE
 CONSTRUED  TO PREVENT THE FINANCING IN WHOLE OR IN PART, PURSUANT TO THE
 LOCAL FINANCE LAW, OF ANY PROJECT AUTHORIZED PURSUANT TO  THIS  SECTION.
 S. 8008                            106                           A. 9008
 
 MONIES  FROM THE FUND MAY BE UTILIZED TO REPAY ANY INDEBTEDNESS OR OBLI-
 GATIONS INCURRED PURSUANT TO  THE  LOCAL  FINANCE  LAW  CONSISTENT  WITH
 EFFECTUATING THE PURPOSES OF THIS SECTION. WHERE SUFFOLK COUNTY FINANCES
 A  PROJECT, IN WHOLE, OR IN PART, PURSUANT TO THE LOCAL FINANCE LAW, THE
 RESOLUTION AUTHORIZING SUCH  INDEBTEDNESS  SHALL  BE  ACCOMPANIED  BY  A
 REPORT  FROM  THE  COUNTY  EXECUTIVE DEMONSTRATING HOW SAID INDEBTEDNESS
 WILL BE REPAID BY THE FUND. SAID REPORT SHALL  INCLUDE  AN  ESTIMATE  OF
 PROJECTED  REVENUES  OF  THE FUND DURING THE PERIOD OF INDEBTEDNESS. THE
 REPORT SHALL ALSO  PROVIDE  AN  ACCOUNTING  OF  ALL  OTHER  INDEBTEDNESS
 INCURRED  AGAINST  THE FUND TO BE REPAID FOR THE SAME PERIOD. THE COUNTY
 LEGISLATURE SHALL MAKE FINDINGS BY RESOLUTION THAT THERE WILL BE  SUFFI-
 CIENT  REVENUE  TO REPAY SUCH INDEBTEDNESS IN ITS ENTIRETY FROM THE FUND
 BEFORE AUTHORIZING SUCH INDEBTEDNESS. MONIES IN SAID FUND MAY BE  APPRO-
 PRIATED  FROM OR EXPENDED IN ANY FISCAL YEAR TO IMPLEMENT THE POWERS SET
 FORTH IN THIS SECTION AND  TO  REPAY  ANY  INDEBTEDNESS  OR  OBLIGATIONS
 INCURRED  PURSUANT  TO THE LOCAL FINANCE LAW FOR THE PURPOSES AUTHORIZED
 PURSUANT TO THIS SECTION.
   (B) (I) FOR PURPOSES  OF  THIS  SECTION:  "WATER  QUALITY  IMPROVEMENT
 PROJECT"  SHALL  MEAN  THE  PLANNING, DESIGN, CONSTRUCTION, ACQUISITION,
 ENLARGEMENT, EXTENSION, OR ALTERATION OF A WASTEWATER TREATMENT  FACILI-
 TY,  INCLUDING  INDIVIDUAL  HOOKUPS,  OR  AN  INDIVIDUAL  SEPTIC SYSTEM,
 INCLUDING AN ALTERNATIVE WASTEWATER TREATMENT FACILITY OR AN  INDIVIDUAL
 SEPTIC  SYSTEM  WITH  ACTIVE TREATMENT, TO TREAT, NEUTRALIZE, STABILIZE,
 ELIMINATE OR PARTIALLY ELIMINATE SEWAGE OR REDUCE POLLUTANTS,  INCLUDING
 PERMANENT  OR  PILOT  DEMONSTRATION  WASTEWATER  TREATMENT  PROJECTS, OR
 EQUIPMENT OR FURNISHINGS THEREOF. SUCH  PROJECTS  SHALL  HAVE  AS  THEIR
 PURPOSE THE REMEDIATION OF EXISTING WATER QUALITY TO MEET SPECIFIC WATER
 QUALITY  STANDARDS  CONSISTENT WITH THE SWP. PROJECTS CONSISTENT WITH OR
 LISTED IN THE SWP THAT ARE PART OF A PLAN ADOPTED BY A LOCAL  GOVERNMENT
 RESULTING  IN  A  NET NITROGEN REDUCTION SHALL BE ELIGIBLE FOR CONSIDER-
 ATION BY THE DISTRICT BOARD OF TRUSTEES, ESTABLISHED IN ACCORDANCE  WITH
 SUBDIVISION SIX OF THIS SECTION. PROJECTS DESIGNED PRIMARILY TO INCREASE
 DENSITY  SHALL  NOT  BE  INCLUDED  WITHIN THIS DEFINITION. OF THE ANNUAL
 COLLECTIONS OF THE FUND, SEVENTY-FIVE PERCENT OF THE ANNUAL FUNDS  SHALL
 BE USED TOWARD INDIVIDUAL SEPTIC SYSTEMS PURPOSES, INCLUSIVE OF: (A) THE
 PREPARATION  OF  AN  ANNUAL  SWP  IMPLEMENTATION ACTION PLAN TO PROTECT,
 PRESERVE, AND REHABILITATE  GROUNDWATER,  SURFACE  WATER,  AND  DRINKING
 WATER;  (B)  THE CONSTRUCTION OF WATER QUALITY IMPROVEMENT PROJECTS; (C)
 THE ESTABLISHMENT OF A PROGRAM FOR RESIDENTS OF THE  COUNTY  OF  SUFFOLK
 FOR  GRANTS AND LOW-INTEREST LOANS AS INCENTIVES TO CONSTRUCT INDIVIDUAL
 SEPTIC SYSTEMS WHICH QUALIFY AS WATER QUALITY IMPROVEMENT PROJECTS;  AND
 (D)  ADMINISTRATION  OF THE COUNTY WASTEWATER MANAGEMENT DISTRICT NOT TO
 EXCEED TEN PERCENT OF THE ANNUAL FUNDS.
   (II) OTHER  THAN  FOR  THE  PAYMENT  OF  INDEBTEDNESS  OR  OBLIGATIONS
 INCURRED  AS  SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT
 FOR THE PREPARATION OF THE ANNUAL SWP IMPLEMENTATION  PLAN,  ITSELF,  NO
 MONIES MAY BE EXPENDED UNTIL THE ANNUAL SWP IMPLEMENTATION PLAN HAS BEEN
 PREPARED AND APPROVED AS PROVIDED FOR IN THIS SECTION.
   (C)  (I)  WITHIN THE LOCAL LAW ESTABLISHING THE WATER QUALITY RESTORA-
 TION FUND, THE COUNTY SHALL ESTABLISH A DISTRICT BOARD  OF  TRUSTEES  OF
 SEVENTEEN  MEMBERS  TO REVIEW AND APPROVE THE ACTION PLAN FOR SUBMISSION
 TO THE COUNTY EXECUTIVE AND COUNTY LEGISLATURE.  SUCH APPROVAL SHALL  BE
 IN  ADDITION  TO ALL OTHER APPROVALS REQUIRED BY LAW. THE BOARD OF TRUS-
 TEES SHALL CONSIST OF: (A) A REPRESENTATIVE FROM THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION; (B) A REPRESENTATIVE FROM THE EAST END  SUPERVI-
 SORS  AND  MAYORS  ASSOCIATION; (C) A REPRESENTATIVE OF THE SUFFOLK TOWN
 S. 8008                            107                           A. 9008
 
 SUPERVISORS ASSOCIATION; (D) A  REPRESENTATIVE  OF  THE  SUFFOLK  COUNTY
 VILLAGE  OFFICIALS ASSOCIATION; (E) A TOWN REPRESENTATIVE FROM THE STATE
 CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION TO  BE  DESIG-
 NATED BY THE COMMISSION; (F) A MUNICIPAL REPRESENTATIVE FROM THE PECONIC
 ESTUARY PARTNERSHIP; (G) A MUNICIPAL REPRESENTATIVE FROM THE STATE SOUTH
 SHORE  ESTUARY  RESERVE;  (H)  A  MUNICIPAL REPRESENTATIVE FROM THE LONG
 ISLAND SOUND ESTUARY; (I) A REPRESENTATIVE OF THE LONG ISLAND FEDERATION
 OF LABOR; (J) A REPRESENTATIVE OF BUILDING AND CONSTRUCTION TRADES COUN-
 CIL OF NASSAU & SUFFOLK COUNTIES; (K) A REPRESENTATIVE FROM  A  REGIONAL
 ENVIRONMENTAL ORGANIZATION; (L) THE CHAIR OF THE SUFFOLK COUNTY PLANNING
 COMMISSION;  (M)  THE  COUNTY  EXECUTIVE  OR DESIGNEE; (N) THE PRESIDING
 OFFICER OF THE COUNTY LEGISLATURE OR DESIGNEE; (O) THE  MINORITY  LEADER
 OF  THE  COUNTY  LEGISLATURE  OR  DESIGNEE; (P) THE COUNTY DEPARTMENT OF
 PUBLIC WORKS COMMISSIONER OR DESIGNEE; AND (Q) THE COUNTY DEPARTMENT  OF
 HEALTH SERVICES COMMISSIONER OR DESIGNEE.
   (II)  THE  POWERS  AND  DUTIES OF THE DISTRICT BOARD OF TRUSTEES SHALL
 INCLUDE AUDITING FISCAL ALLOCATIONS AS IT RELATES TO THE  GOALS  OF  THE
 SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN, MAKING PRUDENT RECOMMENDA-
 TIONS  FOR RESOURCE ALLOCATIONS FOR COUNTY-APPROVED ALTERNATIVE WASTEWA-
 TER TREATMENT  TECHNOLOGIES  NOT  CONTEMPLATED  IN  THE  SUFFOLK  COUNTY
 SUBWATERSHEDS  WASTEWATER  PLAN AND LONG-TERM PROGRESS MONITORING OF THE
 IMPLEMENTATION OF  THE  SUFFOLK  COUNTY  SUBWATERSHEDS  WASTEWATER  PLAN
 REGARDING  ACHIEVEMENTS  OF  NITROGEN  LOAD  REDUCTIONS  AND  ECOLOGICAL
 ENDPOINTS.
   (D) WATER QUALITY RESTORATION CITIZENS ADVISORY COMMITTEE.  WITHIN THE
 LOCAL LAW ESTABLISHING THE DISTRICT BOARD OF  TRUSTEES,  THE  COUNTY  IS
 AUTHORIZED  TO  ESTABLISH  A WATER QUALITY RESTORATION CITIZENS ADVISORY
 COMMITTEE ("ADVISORY COMMITTEE") TO ACTIVELY ASSIST AND ADVISE THE BOARD
 OF TRUSTEES IN THE PREPARATION, ADOPTION AND IMPLEMENTATION OF THE ANNU-
 AL SWP IMPLEMENTATION PLAN.   THE COMMITTEE SHALL CONSIST  OF  NOT  MORE
 THAN TWENTY-FIVE MEMBERS WHICH SHALL INCLUDE REPRESENTATIVES OF ENVIRON-
 MENTAL  GROUPS, ECONOMIC DEVELOPMENT AND REAL ESTATE INTERESTS, FARMERS,
 WATER SUPPLIERS, CIVIC GROUPS, PLANNERS, BIOLOGISTS, AND  WATER  QUALITY
 SCIENTISTS  AND  RECREATIONAL  INTERESTS.  THE  MEMBERS OF THE COMMITTEE
 SHALL SERVE WITHOUT COMPENSATION. THE COMMITTEE BY A MAJORITY VOTE SHALL
 ELECT A CHAIRPERSON. THE ADVISORY COMMITTEE SHALL MEET PERIODICALLY WITH
 THE BOARD OF TRUSTEES, MAKE AVAILABLE WORKING DRAFTS OF  SUCH  PLAN  AND
 OTHER  DOCUMENTS,  AND  SHALL  PROVIDE SERVICES TO THE DISTRICT BOARD OF
 TRUSTEES, AS ARE NECESSARY AND APPROPRIATE TO CARRY  OUT  ITS  FUNCTIONS
 UNDER  THIS SECTION. THE COUNTY BY RESOLUTION OF THE COUNTY LEGISLATURE,
 SHALL APPOINT THE MEMBERS OF THE ADVISORY COMMITTEE.
   (E) ANNUAL SWP IMPLEMENTATION PLAN. THE WATER QUALITY RESTORATION FUND
 AND DISTRICT BOARD OF TRUSTEES SHALL PREPARE,  REVIEW  AND  APPROVE  AND
 SUBMIT TO THE COUNTY EXECUTIVE THE ANNUAL SWP IMPLEMENTATION PLAN WITHIN
 ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, AND IN EVERY YEAR THERE-
 AFTER  IN  A  LIKE  MANNER. THE BOARD OF TRUSTEES SHALL CONDUCT A PUBLIC
 HEARING ON SAID PLAN BEFORE ITS ADOPTION OR SUBSEQUENT  AMENDMENT.  EACH
 YEAR, SAID PLAN SHALL LIST EVERY WATER QUALITY RESTORATION PROJECT WHICH
 THE  COUNTY  PLANS TO UNDERTAKE PURSUANT TO THE FUND AND SHALL STATE HOW
 SUCH PROJECT WOULD IMPROVE EXISTING WATER QUALITY.  FUNDS  MAY  ONLY  BE
 EXPENDED PURSUANT TO THIS  SECTION FOR PROJECTS WHICH HAVE BEEN INCLUDED
 IN SAID PLAN. SAID PLAN SHALL BE CONSISTENT WITH STATE, FEDERAL, COUNTY,
 AND  LOCAL  GOVERNMENT  LAND  USE AND WASTEWATER MANAGEMENT PLANS. AFTER
 SUBMISSION AND APPROVAL BY THE COUNTY  EXECUTIVE,  SUCH  PLAN  SHALL  BE
 SUBMITTED  TO  THE COUNTY LEGISLATURE. SUCH PLAN SHALL NOT BECOME EFFEC-
 TIVE UNTIL APPROVED BY LOCAL LAW.
 S. 8008                            108                           A. 9008
 
   (F) ANNUAL AUDIT. THE COUNTY SHALL ANNUALLY COMMISSION AN  INDEPENDENT
 AUDIT OF THE FUND. THE AUDIT SHALL BE CONDUCTED BY AN INDEPENDENT CERTI-
 FIED  PUBLIC  ACCOUNTANT OR AN INDEPENDENT PUBLIC ACCOUNTANT. SAID AUDIT
 SHALL BE PERFORMED BY A CERTIFIED PUBLIC ACCOUNTANT  OR  AN  INDEPENDENT
 PUBLIC  ACCOUNTANT OTHER THAN THE ONE THAT PERFORMS THE GENERAL AUDIT OF
 THE COUNTY'S FINANCES. SUCH AUDIT SHALL BE AN EXAMINATION  OF  THE  FUND
 AND  SHALL  DETERMINE  WHETHER THE FUND HAS BEEN ADMINISTERED CONSISTENT
 WITH THE PROVISIONS OF THIS SECTION AND ALL OTHER APPLICABLE  PROVISIONS
 OF  STATE  LAW.  SAID  AUDIT SHALL BE INITIATED WITHIN SIXTY DAYS OF THE
 CLOSE OF THE FISCAL YEAR OF THE COUNTY AND SHALL BE COMPLETED WITHIN ONE
 HUNDRED TWENTY DAYS OF THE CLOSE OF THE FISCAL YEAR.    A  COPY  OF  THE
 AUDIT SHALL BE SUBMITTED ANNUALLY TO THE STATE COMPTROLLER AND THE COUN-
 TY  COMPTROLLER.  A  COPY  OF  THE  AUDIT SHALL BE MADE AVAILABLE TO THE
 PUBLIC WITHIN THIRTY DAYS OF ITS COMPLETION. A NOTICE OF THE  COMPLETION
 OF  THE AUDIT SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE COUNTY
 AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITE  FOR  THE  COUNTY.  THE
 COST OF THE AUDIT MAY BE A CHARGE TO THE FUND.
   (G)  ANNUAL  REPORT.  IN ADDITION TO ANY OTHER REPORT REQUIRED BY THIS
 SECTION, THE WATER QUALITY RESTORATION FUND AND DISTRICT BOARD OF  TRUS-
 TEES,  THROUGH  ITS  CHAIRPERSON, SHALL DELIVER ANNUALLY,  IN  ORAL  AND
 WRITTEN FORM, A REPORT TO  THE  COUNTY LEGISLATURE.   SUCH REPORT  SHALL
 BE PRESENTED BY MAY FIFTEENTH OF EACH YEAR. THE REPORT SHALL DESCRIBE IN
 DETAIL THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE ADMINISTRA-
 TIVE  ACTIVITIES  OF  THE WATER QUALITY FUND AND DISTRICT ESTABLISHED IN
 ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT  THE  CONCLUSION
 OF THE REPORT, THE CHAIRPERSON OF THE WATER QUALITY RESTORATION FUND AND
 DISTRICT  BOARD OF TRUSTEES SHALL BE PREPARED TO ANSWER THE QUESTIONS OF
 THE COUNTY LEGISLATURE WITH RESPECT  TO  THE  PROJECTS  UNDERTAKEN,  THE
 MONIES EXPENDED, AND THE ADMINISTRATIVE ACTIVITIES DURING THE PAST YEAR.
   13.  AMENDMENT  BY  MANDATORY REFERENDUM ONLY. WHERE THE PROVISIONS OF
 THIS SECTION HAVE BEEN ADOPTED BY LOCAL LAW SUBJECT TO MANDATORY  REFER-
 ENDUM,  SAID  LOCAL  LAW  MAY  ONLY  BE  AMENDED, MODIFIED, REPEALED, OR
 ALTERED BY ENACTMENT OF ANOTHER LOCAL LAW SUBJECT TO MANDATORY  REFEREN-
 DUM UNDER THE MUNICIPAL HOME RULE LAW.
   § 4.  This act shall take effect immediately.
 
                                  PART UU
 
   Section  1.    Paragraph  h of subdivision 1 of section 17-1909 of the
 environmental conservation law, as added by chapter 565 of the  laws  of
 1989, is amended to read as follows:
   h.  "Municipality"  means  any  county,  city, town, village, district
 corporation, county or town improvement district, SCHOOL DISTRICT, Indi-
 an reservation wholly within New York state, any public  benefit  corpo-
 ration  or public authority established pursuant to the laws of New York
 or any agency of New York state which  is  empowered  to  construct  and
 operate  an  eligible project, or any two or more of the foregoing which
 are acting jointly in connection with an eligible project.
   § 2. This act shall take effect immediately.
 
                                  PART VV
 
   Section 1. Subdivisions 2, 3, 4 and 5 of section 381 of the  executive
 law,  as  added  by  chapter  707  of the laws of 1981, subdivision 2 as
 amended by chapter 560 of the laws of 2010, are amended,  subdivision  6
 S. 8008                            109                           A. 9008
 
 is  renumbered subdivision 8, and two new subdivisions 6 and 7 are added
 to read as follows:
   2.  Except as may be provided in regulations of the secretary pursuant
 to subdivision one of this section, every local government shall  admin-
 ister  and enforce the uniform fire prevention and building code and the
 state energy conservation construction code on and after the  first  day
 of  January,  nineteen  hundred  eighty-four,  provided, however, that a
 local government may enact a local law prior to the first day of July in
 any year providing that it will not enforce such codes on and after  the
 first  day  of [January] APRIL next succeeding. In such event the county
 in which said local government is situated shall administer and  enforce
 such  codes within such local government from and after the first day of
 [January] APRIL next succeeding the effective date of such local law, in
 accordance with the provisions of paragraph b  of  subdivision  five  of
 this section unless the county shall have PREVIOUSLY enacted a local law
 providing  that  it  will  not enforce such codes within that county. In
 such event the secretary in the place and stead of the local  government
 shall,  directly  or by [contract] USING THE SERVICES OF ANY CONTRACTORS
 OR  OTHER  THIRD-PARTY  PROVIDERS  AS  THE  SECRETARY  MAY  DEEM  TO  BE
 QUALIFIED,  administer and enforce the uniform code and the state energy
 conservation construction code WITHIN SUCH LOCAL GOVERNMENT ON AND AFTER
 THE FIRST DAY OF APRIL NEXT SUCCEEDING. A COUNTY THAT IS RESPONSIBLE FOR
 ADMINISTERING AND ENFORCING SUCH CODES WITHIN A LOCAL GOVERNMENT  PURSU-
 ANT  TO  THE  FOREGOING PROVISIONS OF THIS SUBDIVISION MAY ENACT A LOCAL
 LAW PRIOR TO THE FIRST DAY OF OCTOBER IN ANY YEAR PROVIDING THAT IT WILL
 NOT ENFORCE SUCH CODES WITHIN SUCH LOCAL GOVERNMENT  ON  AND  AFTER  THE
 FIRST DAY OF APRIL NEXT SUCCEEDING. IN SUCH EVENT, THE SECRETARY, IN THE
 PLACE  AND  STEAD  OF SUCH LOCAL GOVERNMENT, SHALL, DIRECTLY OR BY USING
 THE SERVICES OF ANY CONTRACTORS OR OTHER THIRD-PARTY  PROVIDERS  AS  THE
 SECRETARY MAY DEEM TO BE QUALIFIED, ADMINISTER AND ENFORCE SUCH CODES IN
 SUCH  LOCAL  GOVERNMENT  FROM  AND  AFTER  THE  FIRST  DAY OF APRIL NEXT
 SUCCEEDING. A LOCAL GOVERNMENT THAT ADOPTS A LOCAL LAW PROVIDING THAT IT
 WILL NOT ENFORCE SUCH CODES ON AND AFTER THE FIRST  DAY  OF  APRIL  NEXT
 SUCCEEDING  SHALL PROMPTLY NOTIFY THE COUNTY IN WHICH SUCH LOCAL GOVERN-
 MENT IS LOCATED AND THE SECRETARY OF THE ADOPTION OF SUCH LOCAL  LAW.  A
 COUNTY  THAT  ADOPTS A LOCAL LAW PROVIDING THAT IT WILL NOT ENFORCE SUCH
 CODES ON AND AFTER THE FIRST DAY OF APRIL NEXT SUCCEEDING SHALL PROMPTLY
 NOTIFY EACH LOCAL GOVERNMENT IN WHICH SUCH COUNTY IS  ADMINISTERING  AND
 ENFORCING  SUCH  CODES  AND  THE SECRETARY OF THE ADOPTION OF SUCH LOCAL
 LAW. A local government or  a  county  may  repeal  a  local  law  which
 provides that it will not enforce such codes and shall thereafter admin-
 ister  and  enforce  such  codes  as  provided  above. Two or more local
 governments may provide for joint administration and enforcement of  the
 uniform  code, the state energy conservation construction code, or both,
 by agreement pursuant to article five-G of the  general  municipal  law.
 Any  local  government may enter into agreement with the county in which
 such local government is situated to administer and enforce the  uniform
 code,  the  state energy conservation construction code, or both, within
 such local government.  Local governments or  counties  THAT  ADMINISTER
 AND ENFORCE THE UNIFORM CODE, THE STATE ENERGY CONSERVATION CONSTRUCTION
 CODE, OR BOTH, may charge AND COLLECT fees to defray the costs of admin-
 istration  and  enforcement.    WHERE  THE  SECRETARY IS RESPONSIBLE FOR
 ADMINISTRATION AND ENFORCEMENT OF THE  UNIFORM  CODE  AND  STATE  ENERGY
 CONSERVATION  CONSTRUCTION  CODE  WITHIN  A LOCAL GOVERNMENT PURSUANT TO
 THIS SUBDIVISION OR PURSUANT TO PARAGRAPH E OF SUBDIVISION FOUR OF  THIS
 SECTION,  (A)  THE  SECRETARY  SHALL ADMINISTER AND ENFORCE THE CODES IN
 S. 8008                            110                           A. 9008

 ACCORDANCE WITH THE PROVISIONS  OF  RULES  AND  REGULATIONS  PROMULGATED
 PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION; (B) ANY PERSON OR ENTITY
 WHO KNOWINGLY VIOLATES ANY PROVISION OF SUCH RULES AND REGULATIONS SHALL
 BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY OF
 VIOLATION, IMPRISONMENT NOT TO EXCEED ONE YEAR, OR  BOTH,  AND  (C)  THE
 SECRETARY  MAY  CHARGE  AND COLLECT FEES TO DEFRAY THE COSTS OF ADMINIS-
 TRATION AND ENFORCEMENT.
   3. A. On and after the first day of  July,  nineteen  hundred  eighty-
 five,  the  secretary shall have power to investigate [and conduct hear-
 ings relative to] whether administration and enforcement of the  uniform
 fire  prevention  and  building  code  AND THE STATE ENERGY CONSERVATION
 CONSTRUCTION CODE complies with the minimum standards promulgated pursu-
 ant to subdivision one of this section.   IN CONNECTION  WITH  ANY  SUCH
 INVESTIGATION,  THE  SECRETARY  SHALL  HAVE THE POWER TO ISSUE SUBPOENAS
 COMPELLING THE TESTIMONY OF WITNESSES, THE PRODUCTION OF  DOCUMENTS,  OR
 BOTH,  AND  THE  POWER, AT THE SECRETARY'S DISCRETION, TO CONDUCT ONE OR
 MORE HEARINGS. At least ten days written  notice  of  any  such  hearing
 shall  be provided to the elective or appointive chief executive officer
 or, if there be none, the chairman of the legislative body of the  local
 government or county whose administration and enforcement of the uniform
 code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE is at issue.
   B.  THE ELECTIVE OR APPOINTIVE CHIEF EXECUTIVE OFFICER OR, IF THERE BE
 NONE, THE CHAIRMAN OF  THE  LEGISLATIVE  BODY  OF  A  COUNTY  MAY,  WITH
 APPROVAL  OF  A  MAJORITY  VOTE  OF THE LEGISLATIVE BODY OF SUCH COUNTY,
 SUBMIT TO THE SECRETARY A WRITTEN NOTICE  REQUESTING  THE  SECRETARY  TO
 AUTHORIZE SUCH COUNTY TO INVESTIGATE WHETHER ADMINISTRATION AND ENFORCE-
 MENT  OF  THE  UNIFORM  FIRE  PREVENTION AND BUILDING CODE AND THE STATE
 ENERGY CONSERVATION CONSTRUCTION CODE BY A LOCAL GOVERNMENT  LOCATED  IN
 SUCH  COUNTY COMPLIES WITH THE MINIMUM STANDARDS PROMULGATED PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION. UPON RECEIPT OF SUCH NOTICE, THE SECRE-
 TARY MAY AUTHORIZE SUCH COUNTY TO  CONDUCT  SUCH  INVESTIGATION  AND  TO
 PROVIDE  A  WRITTEN  REPORT UPON COMPLETION OF SUCH INVESTIGATION TO THE
 SECRETARY. IN CONNECTION WITH ANY SUCH INVESTIGATION, THE  COUNTY  SHALL
 HAVE THE POWER TO ISSUE SUBPOENAS COMPELLING THE TESTIMONY OF WITNESSES,
 THE  PRODUCTION  OF  DOCUMENTS,  OR BOTH, AND THE POWER, AT THE COUNTY'S
 DISCRETION, TO CONDUCT ONE OR MORE HEARINGS. AT LEAST TEN  DAYS  WRITTEN
 NOTICE  OF ANY SUCH HEARING SHALL BE PROVIDED TO THE ELECTIVE OR APPOIN-
 TIVE CHIEF EXECUTIVE OFFICER OR, IF THERE BE NONE, THE CHAIRMAN  OF  THE
 LEGISLATIVE  BODY  OF  THE  LOCAL  GOVERNMENT  WHOSE  ADMINISTRATION AND
 ENFORCEMENT  OF  THE  UNIFORM  CODE  AND   STATE   ENERGY   CONSERVATION
 CONSTRUCTION  CODE IS AT ISSUE. UPON RECEIPT OF THE COUNTY'S REPORT, THE
 SECRETARY MAY ISSUE  A  DETERMINATION  BASED  ON  SUCH  REPORT,  CONDUCT
 FURTHER INVESTIGATIONS, OR TAKE SUCH OTHER ACTION AS THE SECRETARY DEEMS
 APPROPRIATE,  AND  THE  SECRETARY  SHALL NOTIFY THE COUNTY AND THE LOCAL
 GOVERNMENT OF THE ACTIONS TO BE TAKEN BY THE SECRETARY. NOTHING IN  THIS
 PARAGRAPH  SHALL  LIMIT  OR IMPAIR THE SECRETARY'S POWER TO INVESTIGATE,
 ISSUE SUBPOENAS, AND CONDUCT HEARINGS AS PROVIDED IN PARAGRAPH A OF THIS
 SUBDIVISION. NOR SHALL THE POWER OF THE SECRETARY TO INVESTIGATE,  ISSUE
 SUBPOENAS,  AND  CONDUCT  HEARINGS  AS  PROVIDED  IN PARAGRAPH A OF THIS
 SUBDIVISION BE DIMINISHED OR OTHERWISE AFFECTED BY REASON  OF  A  COUNTY
 SUBMITTING, OR NOT SUBMITTING, A NOTICE PURSUANT TO THIS PARAGRAPH.
   4.  If  the secretary determines that a local government has failed to
 administer and enforce the uniform fire  prevention  and  building  code
 AND/OR  THE  STATE  ENERGY  CONSERVATION CONSTRUCTION CODE in accordance
 with the minimum standards promulgated pursuant to  subdivision  one  of
 S. 8008                            111                           A. 9008
 
 this  section,  the  secretary  shall take any of the following actions,
 either individually or in combination in any sequence:
   a.  The  secretary  may  issue  an order compelling compliance by such
 local government with the  MINIMUM  standards  [for  administration  and
 enforcement of the uniform code] PROMULGATED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION.
   b. THE SECRETARY MAY APPOINT AND REMOVE ANY PERSON DEEMED QUALIFIED BY
 THE  SECRETARY  AS  AN  OVERSIGHT  OFFICER, WHO SHALL HAVE THE POWER AND
 AUTHORITY TO DO ANY OR ALL OF THE FOLLOWING, AT THE  DISCRETION  OF  THE
 OVERSIGHT OFFICER AND AT THE EXPENSE OF SUCH LOCAL GOVERNMENT:
   (I) OBSERVE AND REPORT ON COMPLIANCE BY SUCH LOCAL GOVERNMENT WITH THE
 MINIMUM  STANDARDS  PROMULGATED  PURSUANT  TO  SUBDIVISION  ONE  OF THIS
 SECTION;
   (II) DIRECT ALL OR ANY PART OF THE CODE ENFORCEMENT ACTIVITIES OF  THE
 LOCAL GOVERNMENT'S CODE ENFORCEMENT PERSONNEL;
   (III)  HIRE,  CONTRACT FOR, OR OTHERWISE OBTAIN THE SERVICES OF QUALI-
 FIED THIRD PARTIES TO REVIEW BUILDING PERMIT APPLICATIONS AND PLANS  AND
 SPECIFICATIONS SUBMITTED THEREWITH, CONDUCT CONSTRUCTION INSPECTIONS AND
 PERIODIC  FIRE  SAFETY AND PROPERTY MAINTENANCE INSPECTIONS, AND PERFORM
 OTHER CODE ENFORCEMENT ACTIVITIES WITHIN THE LOCAL GOVERNMENT;
   (IV) ISSUE NOTICES OF VIOLATION, APPEARANCE TICKETS, ORDERS TO REMEDY,
 AND OTHER INSTRUMENTS  RELATED  TO  CODE  VIOLATIONS  WITHIN  THE  LOCAL
 GOVERNMENT,  OR  DIRECT  THE  LOCAL  GOVERNMENT TO DO SO, AND REFER SUCH
 VIOLATIONS TO COUNSEL FOR THE LOCAL GOVERNMENT OR THE DISTRICT  ATTORNEY
 FOR  THE COUNTY IN WHICH THE LOCAL GOVERNMENT IS LOCATED FOR APPROPRIATE
 PROSECUTION; AND
   (V) TAKE ANY OTHER STEPS DEEMED BY THE OVERSIGHT OFFICER TO BE  NECES-
 SARY  OR  APPROPRIATE  TO  ENSURE THAT THE UNIFORM CODE AND STATE ENERGY
 CONSERVATION CONSTRUCTION CODE ARE ADMINISTERED AND ENFORCED WITHIN SUCH
 LOCAL GOVERNMENT IN A DUE AND PROPER MANNER AND IN COMPLIANCE  WITH  THE
 MINIMUM  STANDARDS  PROMULGATED  PURSUANT  TO  SUBDIVISION  ONE  OF THIS
 SECTION.  ANY PERSON WHO IS APPOINTED AS AN OVERSIGHT  OFFICER  PURSUANT
 TO  THIS  PARAGRAPH  SHALL BE DEEMED TO BE A STATE OFFICER UNDER SECTION
 TWO OF THE PUBLIC OFFICERS LAW.
   C. The secretary may ask the attorney general to institute in the name
 of the secretary an action or proceeding seeking  appropriate  legal  or
 equitable  relief  to  require  such  local government to administer and
 enforce the uniform code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE
 IN A DUE AND PROPER MANNER AND IN COMPLIANCE WITH THE MINIMUM  STANDARDS
 PROMULGATED  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT
 NOT LIMITED TO REQUIRING SUCH LOCAL GOVERNMENT TO TAKE SPECIFIC REMEDIAL
 ACTIONS, SUCH AS ESTABLISHING AND ENFORCING AN EFFECTIVE  CODE  ENFORCE-
 MENT   PROGRAM,   CONDUCTING   FIRE   SAFETY  AND  PROPERTY  MAINTENANCE
 INSPECTIONS, INCREASING THE FREQUENCY OF FIRE SAFETY AND PROPERTY  MAIN-
 TENANCE  INSPECTIONS, AND TAKING ENFORCEMENT ACTIONS THAT ARE TIMELY AND
 RESPONSIVE TO CIRCUMSTANCES ASSOCIATED WITH  THE  PROPERTY  IN  QUESTION
 WHEN VIOLATIONS ARE IDENTIFIED.
   [c. the] D. THE secretary may designate the county in which such local
 government  is located, OR ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR IS
 REASONABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, to administer and enforce
 the uniform code AND STATE ENERGY CONSERVATION CONSTRUCTION CODE in such
 local government. In the case of such  designation,  the  provisions  of
 subdivision five of this section shall apply.
   [d.] E. The secretary may, in the place and stead of the local govern-
 ment,  DIRECTLY  OR  BY  USING  THE SERVICES OF ANY CONTRACTORS OR OTHER
 THIRD-PARTY PROVIDERS AS THE SECRETARY MAY DEEM TO BE QUALIFIED,  admin-
 S. 8008                            112                           A. 9008
 
 ister  and  enforce  the  uniform  code  AND  STATE  ENERGY CONSERVATION
 CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT in accordance with the  mini-
 mum  standards  promulgated pursuant to subdivision one of this section.
 In  such event, the provisions of subdivision five of this section shall
 apply.
   F. THE SECRETARY MAY DESIGNATE THE COUNTY IN WHICH SUCH LOCAL  GOVERN-
 MENT  IS  LOCATED, ANY OTHER LOCAL GOVERNMENT THAT ADJOINS OR IS REASON-
 ABLY PROXIMATE TO SUCH LOCAL GOVERNMENT, OR THE DEPARTMENT OF  STATE  TO
 PERFORM  WITHIN  SUCH  LOCAL  GOVERNMENT  SUCH TYPES AND CLASSES OF CODE
 ENFORCEMENT ACTIVITIES, SUCH AS PERMIT APPLICATION REVIEW AND  APPROVAL,
 CONSTRUCTION  INSPECTIONS,  AND  FIRE  SAFETY  AND  PROPERTY MAINTENANCE
 INSPECTIONS, AS THE SECRETARY MAY SPECIFY. IN THE CASE  OF  SUCH  DESIG-
 NATION, THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION SHALL APPLY.
   5. Where the secretary has designated a county OR ADJOINING OR REASON-
 ABLY  PROXIMATE  LOCAL  GOVERNMENT to administer and enforce the uniform
 fire  prevention  and  building  code  AND  STATE  ENERGY   CONSERVATION
 CONSTRUCTION  CODE  within a local government PURSUANT TO PARAGRAPH D OF
 SUBDIVISION FOUR OF THIS SECTION, or has assumed authority for  adminis-
 tration and enforcement OF THE UNIFORM FIRE PREVENTION AND BUILDING CODE
 AND  STATE  ENERGY CONSERVATION CONSTRUCTION CODE WITHIN A LOCAL GOVERN-
 MENT pursuant to [subdivision two or] paragraph  [d]  E  of  subdivision
 four of this section:
   a.  [Such]  THE  local  government  [or county government] THAT IS NOT
 ADMINISTERING OR ENFORCING THE UNIFORM CODE AND STATE  ENERGY  CONSERVA-
 TION  CONSTRUCTION  CODE  IN ACCORDANCE WITH MINIMUM STANDARDS shall not
 administer and enforce the uniform code  OR  STATE  ENERGY  CONSERVATION
 CONSTRUCTION  CODE, and shall not charge or collect fees for such admin-
 istration and enforcement.
   b. [Such] THE DESIGNATED county OR LOCAL GOVERNMENT OR  THE  SECRETARY
 shall  administer  and  enforce the uniform code within [such] THE local
 government WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE  AND
 STATE  ENERGY  CONSERVATION  CONSTRUCTION  CODE  HAS NOT MET THE MINIMUM
 STANDARDS from and after the date of  such  designation  OR  ASSUMPTION.
 Such  administration  and  enforcement shall apply the minimum standards
 promulgated by  the  secretary  pursuant  to  subdivision  one  of  this
 section.  Notwithstanding  any  other provisions of law, such DESIGNATED
 county OR LOCAL GOVERNMENT OR THE SECRETARY shall  have  full  power  to
 administer  and  enforce  the uniform code [in accordance with such] AND
 STATE ENERGY CONSERVATION CONSTRUCTION  CODE  IN  THE  LOCAL  GOVERNMENT
 WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
 GY  CONSERVATION  CONSTRUCTION  CODE  HAS NOT MET THE minimum standards,
 including the power to charge and collect fees for  such  administration
 and enforcement.
   c.  The  secretary  shall  designate  the  local government [or county
 government] WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND
 STATE ENERGY CONSERVATION CONSTRUCTION CODE DID  NOT  MEET  THE  MINIMUM
 STANDARDS  to  resume administration and enforcement of the uniform code
 when the secretary is satisfied that such local government  [or  county]
 will  provide such administration and enforcement in compliance with the
 minimum standards  promulgated  pursuant  to  subdivision  one  of  this
 section.
   d. The provisions of subdivisions three and four of this section shall
 apply  to counties [which have been designated to administer and enforce
 the uniform code in such local  government]  THAT  ARE  RESPONSIBLE  FOR
 ADMINISTRATION  AND  ENFORCEMENT  OF  THE  UNIFORM CODE AND STATE ENERGY
 CONSERVATION CONSTRUCTION CODE WITHIN A  LOCAL  GOVERNMENT  PURSUANT  TO
 S. 8008                            113                           A. 9008
 
 SUBDIVISION  TWO  OF THIS SECTION, TO COUNTIES THAT HAVE BEEN DESIGNATED
 TO ADMINISTER AND ENFORCE THE UNIFORM CODE AND STATE ENERGY CONSERVATION
 CONSTRUCTION CODE WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH  D  OF
 SUBDIVISION  FOUR  OF  THIS  SECTION, AND TO LOCAL GOVERNMENTS THAT HAVE
 BEEN DESIGNATED TO ADMINISTER AND ENFORCE THE  UNIFORM  CODE  AND  STATE
 ENERGY  CONSERVATION  CONSTRUCTION  CODE WITHIN ANOTHER LOCAL GOVERNMENT
 PURSUANT TO PARAGRAPH D OF SUBDIVISION FOUR OF THIS SECTION.  WHERE  THE
 PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF THIS SECTION ARE APPLICABLE
 TO  A  COUNTY,  REFERENCES  IN  THOSE SUBDIVISIONS TO A LOCAL GOVERNMENT
 WHOSE ADMINISTRATION AND ENFORCEMENT OF THE UNIFORM CODE AND STATE ENER-
 GY CONSERVATION CONSTRUCTION CODE HAVE BEEN DETERMINED BY THE  SECRETARY
 TO  HAVE  NOT MET THE MINIMUM STANDARDS SHALL BE CONSTRUED AS REFERENCES
 TO SUCH COUNTY.
   6. WHERE THE SECRETARY HAS DESIGNATED A COUNTY, ANOTHER LOCAL  GOVERN-
 MENT,  OR  THE DEPARTMENT TO PERFORM SPECIFIED TYPES AND CLASSES OF CODE
 ENFORCEMENT ACTIVITIES WITHIN A LOCAL GOVERNMENT PURSUANT TO PARAGRAPH F
 OF SUBDIVISION FOUR OF THIS SECTION:
   A. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND  ENFORCEMENT  OF  THE
 UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
 THE  MINIMUM  STANDARDS  SHALL NOT PERFORM THE TYPES AND CLASSES OF CODE
 ENFORCEMENT ACTIVITIES SPECIFIED IN SUCH DESIGNATION  AND  SHALL  ACCEPT
 PERFORMANCE  OF SUCH TYPES AND CLASSES OF CODE ENFORCEMENT ACTIVITIES BY
 THE DESIGNEE;
   B. THE LOCAL GOVERNMENT WHOSE ADMINISTRATION AND  ENFORCEMENT  OF  THE
 UNIFORM CODE AND STATE ENERGY CONSERVATION CONSTRUCTION CODE HAS NOT MET
 THE  MINIMUM  STANDARDS  SHALL  REIMBURSE THE DESIGNEE FOR THE COSTS AND
 EXPENSES INCURRED BY THE DESIGNEE IN PERFORMING THE DESIGNATED TYPES AND
 CLASSES OF CODE ENFORCEMENT ACTIVITIES; AND
   C. THE SECRETARY SHALL DESIGNATE THE LOCAL GOVERNMENT  WHOSE  ADMINIS-
 TRATION  AND  ENFORCEMENT OF THE UNIFORM CODE AND STATE ENERGY CONSERVA-
 TION CONSTRUCTION CODE HAS NOT  MET  THE  MINIMUM  STANDARDS  TO  RESUME
 PERFORMANCE  OF  THE  DESIGNATED  TYPES  AND CLASSES OF CODE ENFORCEMENT
 ACTIVITIES WHEN THE SECRETARY IS SATISFIED THAT  SUCH  LOCAL  GOVERNMENT
 WILL  PERFORM SUCH ACTIVITIES IN A DUE AND PROPER MANNER AND WILL OTHER-
 WISE PROVIDE ADMINISTRATION AND ENFORCEMENT  OF  THE  UNIFORM  CODE  AND
 STATE ENERGY CONSERVATION CONSTRUCTION CODE IN COMPLIANCE WITH THE MINI-
 MUM STANDARDS PROMULGATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   7.  A. THE TERM "AUTHORITY HAVING JURISDICTION" AS USED IN THIS SUBDI-
 VISION SHALL MEAN A LOCAL GOVERNMENT OR COUNTY THAT IS  RESPONSIBLE  FOR
 ADMINISTERING  AND  ENFORCING  THE  UNIFORM  CODE AND/OR THE ENERGY CODE
 WITHIN  SUCH  LOCAL  GOVERNMENT;  THE  TERM  "DEFAULT  CODE  ENFORCEMENT
 PROGRAM"  SHALL  MEAN  THE  CODE  ENFORCEMENT PROGRAM ESTABLISHED BY THE
 RULES AND REGULATIONS PROMULGATED PURSUANT TO PARAGRAPH B OF THIS SUBDI-
 VISION; AND  THE  TERM  "REQUIRED  FEATURES"  SHALL  MEAN  THE  FEATURES
 REQUIRED  BY  THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVI-
 SION ONE OF THIS SECTION TO BE INCLUDED IN A CODE ENFORCEMENT PROGRAM.
   B. THE SECRETARY IS AUTHORIZED TO PROMULGATE, AND TO AMEND  FROM  TIME
 TO  TIME,  RULES AND REGULATIONS ESTABLISHING A DEFAULT CODE ENFORCEMENT
 PROGRAM. SUCH DEFAULT CODE ENFORCEMENT PROGRAM SHALL INCLUDE  PROVISIONS
 ESTABLISHING  THE  REQUIRED  FEATURES  AND  SUCH OTHER PROVISIONS AS THE
 SECRETARY MAY DEEM TO BE APPROPRIATE FOR INCLUSION IN A CODE ENFORCEMENT
 PROGRAM. SUCH DEFAULT CODE ENFORCEMENT PROGRAM SHALL ALSO ESTABLISH FEES
 TO BE CHARGED BY ANY AUTHORITY HAVING JURISDICTION THAT ADMINISTERS  AND
 ENFORCES  THE  UNIFORM  CODE  AND/OR  ENERGY CODE IN ACCORDANCE WITH THE
 PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM.
 S. 8008                            114                           A. 9008
 
   C. ANY AUTHORITY HAVING JURISDICTION THAT HAS NOT ESTABLISHED ITS  OWN
 CODE  ENFORCEMENT  PROGRAM SHALL ADMINISTER AND ENFORCE THE UNIFORM CODE
 AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF THE DEFAULT CODE
 ENFORCEMENT PROGRAM.
   D. ANY AUTHORITY HAVING JURISDICTION THAT ADMINISTERS AND ENFORCES THE
 UNIFORM CODE AND/OR ENERGY CODE IN ACCORDANCE WITH THE PROVISIONS OF THE
 DEFAULT  CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH C OF THIS SUBDI-
 VISION SHALL, THROUGH ITS CHIEF EXECUTIVE OFFICER, HAVE FULL  POWER  AND
 AUTHORITY  TO DESIGNATE THE PUBLIC OFFICER OR AGENCY AUTHORIZED TO ISSUE
 AN APPEARANCE TICKET, AND A PUBLIC OFFICER WHO,  BY  VIRTUE  OF  OFFICE,
 TITLE  OR  POSITION, IS AUTHORIZED OR REQUIRED TO ENFORCE THE PROVISIONS
 OF THE UNIFORM CODE AND THE STATE ENERGY CONSERVATION CONSTRUCTION  CODE
 AND  THE PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM AS FULLY AND
 WITH THE SAME FORCE AND EFFECT AS  SUCH  AUTHORITY  HAVING  JURISDICTION
 WOULD  HAVE TO ENFORCE PROVISIONS ESTABLISHED BY A LOCAL LAW, ORDINANCE,
 OR REGULATION ENACTED OR ADOPTED BY SUCH AUTHORITY HAVING  JURISDICTION.
 THE DESIGNATION AUTHORIZED BY THIS PARAGRAPH SHALL NOT TAKE EFFECT UNTIL
 IT  HAS  BEEN FILED WITH THE DEPARTMENT OF STATE, AND MUST BE MAINTAINED
 ON THE WEBSITE OF SUCH AUTHORITY HAVING JURISDICTION  UNLESS  AND  UNTIL
 SUCH  AUTHORITY  HAVING  JURISDICTION  PASSES A LOCAL LAW DELEGATING THE
 ENFORCEMENT AUTHORITY REFERENCED IN THIS PARAGRAPH.
   E. WHERE AN AUTHORITY HAVING JURISDICTION IS ADMINISTERING AND ENFORC-
 ING  THE  UNIFORM  CODE  AND/OR  ENERGY  CODE  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF THE DEFAULT CODE ENFORCEMENT PROGRAM PURSUANT TO PARAGRAPH
 C  OF  THIS SUBDIVISION, ANY PERSON OR ENTITY WHO KNOWINGLY VIOLATES ANY
 APPLICABLE PROVISION OF THE DEFAULT CODE ENFORCEMENT  PROGRAM  SHALL  BE
 PUNISHABLE  BY  A  FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF
 VIOLATION, OR IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH.
   § 2. Section 382 of the executive law is amended  by  adding  two  new
 subdivisions 5 and 6 to read as follows:
   5.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ALL FINES IMPOSED AND
 COLLECTED FOR ANY VIOLATION OF THIS  SECTION  SHALL  BE  PAID  AT  LEAST
 MONTHLY  INTO  THE  TREASURY  OF  THE  LOCAL  GOVERNMENT  IN  WHICH SUCH
 VIOLATION OCCURRED, UNLESS: (I) THE COUNTY IS ADMINISTERING AND  ENFORC-
 ING  THE  UNIFORM  FIRE  PREVENTION  AND  BUILDING CODE AND STATE ENERGY
 CONSERVATION CONSTRUCTION CODE IN SUCH LOCAL GOVERNMENT AS  PROVIDED  BY
 SUBDIVISION  TWO  OR  FOUR  OF  SECTION THREE HUNDRED EIGHTY-ONE OF THIS
 ARTICLE, IN WHICH CASE SUCH FINES AND PENALTIES COLLECTED IN CASES ARIS-
 ING OUT OF THE VIOLATION OF THIS SECTION SHALL BE PAID AT LEAST  MONTHLY
 INTO  THE TREASURY OF THE COUNTY, (II) AN ADJOINING OR REASONABLY PROXI-
 MATE LOCAL GOVERNMENT IS ADMINISTERING AND ENFORCING  THE  UNIFORM  FIRE
 PREVENTION  AND BUILDING CODE AND STATE ENERGY CONSERVATION CONSTRUCTION
 CODE IN SUCH LOCAL GOVERNMENT AS PROVIDED BY SUBDIVISION FOUR OF SECTION
 THREE HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH  FINES  AND
 PENALTIES  COLLECTED  IN  CASES  ARISING  OUT  OF  THE VIOLATION OF THIS
 SECTION SHALL BE PAID AT LEAST MONTHLY INTO THE TREASURY OF SUCH ADJOIN-
 ING OR REASONABLY PROXIMATE LOCAL GOVERNMENT, OR (III) THE SECRETARY  IS
 ADMINISTERING  AND  ENFORCING  THE  UNIFORM FIRE PREVENTION AND BUILDING
 CODE AND STATE ENERGY  CONSERVATION  CONSTRUCTION  CODE  IN  SUCH  LOCAL
 GOVERNMENT  AS  PROVIDED  BY  SUBDIVISION  TWO  OR FOUR OF SECTION THREE
 HUNDRED EIGHTY-ONE OF THIS ARTICLE, IN WHICH CASE SUCH FINES AND  PENAL-
 TIES  COLLECTED  IN  CASES  ARISING OUT OF THE VIOLATION OF THIS SECTION
 SHALL BE PAID AT LEAST MONTHLY INTO  THE  GENERAL  FUND  ESTABLISHED  BY
 SECTION  SEVENTY-TWO  OF  THE STATE FINANCE LAW. WHERE TWO OR MORE LOCAL
 GOVERNMENTS HAVE PROVIDED FOR JOINT ADMINISTRATION  AND  ENFORCEMENT  OF
 THE  UNIFORM  CODE,  THE STATE ENERGY CONSERVATION CONSTRUCTION CODE, OR
 S. 8008                            115                           A. 9008

 BOTH, BY AGREEMENT PURSUANT TO ARTICLE FIVE-G OF THE  GENERAL  MUNICIPAL
 LAW,  SUCH LOCAL GOVERNMENTS MAY PROVIDE IN SUCH AGREEMENT FOR A DIFFER-
 ENT DISTRIBUTION OF SUCH FINES.
   6.  THE  CIVIL  PENALTIES PROVIDED IN SUBDIVISION FOUR OF THIS SECTION
 MAY BE RECOVERED IN AN APPROPRIATE ACTION OR PROCEEDING COMMENCED BY THE
 LOCAL GOVERNMENT, COUNTY, OR STATE AGENCY RESPONSIBLE FOR ADMINISTRATION
 AND ENFORCEMENT OF THE UNIFORM CODE WITH RESPECT TO  THE  BUILDING  THAT
 WAS  ALTERED  IN  VIOLATION  OF ANY PROVISION OF THE UNIFORM CODE OR ANY
 LAWFUL ORDER OBTAINED THEREUNDER, AND SHALL BE PAYABLE TO  THE  TREASURY
 OF  SUCH  LOCAL  GOVERNMENT, THE TREASURY OF SUCH COUNTY, OR THE GENERAL
 FUND OF THE STATE OF NEW YORK, AS APPLICABLE.
   § 3. This act shall take effect immediately.
 
                                  PART WW
 
   Section 1. Subdivision 3 of section 2251 of the  vehicle  and  traffic
 law,  as  amended  by  section  5 of part G of chapter 59 of the laws of
 2009, is amended to read as follows:
   3. Fees. The triennial fee for registration  of  a  vessel  shall  be:
 twenty-two  dollars  and  fifty  cents  [and a vessel surcharge of three
 dollars and seventy-five cents,] if less than sixteen  feet  in  length;
 forty-five  dollars  [and a vessel surcharge of twelve dollars and fifty
 cents,] if sixteen feet or over but less than twenty-six feet in length;
 seventy-five dollars [and a vessel surcharge  of  eighteen  dollars  and
 seventy-five cents,] if twenty-six feet or over. [All funds derived from
 the  collection of the vessel access surcharge pursuant to this subdivi-
 sion are to be deposited in a subaccount of the "I  love  NY  waterways"
 vessel access account established pursuant to section ninety-seven-nn of
 the  state finance law. The vessel access surcharge shall not be consid-
 ered a registration fee for purposes of section  seventy-nine-b  of  the
 navigation law.
 Notwithstanding  any inconsistent provision of this section, the differ-
 ence collected between the fees set forth in this subdivision in  effect
 on  and  after September first, two thousand nine and the fees set forth
 in this subdivision prior to such date shall be deposited to the  credit
 of  the  dedicated  highway  and  bridge trust fund. Notwithstanding any
 inconsistent provision of this section, the difference collected between
 the vessel surcharge set forth in this  subdivision  in  effect  on  and
 after  September  first,  two thousand nine and the vessel surcharge set
 forth in this subdivision in effect prior to such date shall be deposit-
 ed to the credit of the dedicated highway and bridge trust fund.]
   § 2. Subdivision 2 of section 97-nn of the state finance law, as added
 by chapter 524 of the laws of 2008, is amended to read as follows:
   2. The "I love NY waterways" fund shall consist of [two accounts: (a)]
 the "I love NY waterways" boating safety account[; and (b) the  "I  love
 NY  waterways"  vessel  access  account. Moneys in each account shall be
 kept separate and not commingled with any other moneys of the state].
   § 3. Subdivision 4 of section 97-nn  of  the  state  finance  law,  as
 amended by chapter 524 of laws of 2008, is REPEALED.
   §  4.  This act shall take effect immediately; provided, however, that
 sections two and three of this act shall take effect April 1, 2024.
 
                                  PART XX
 
   Section 1. Section 15-2115 of the environmental  conservation  law  is
 amended to read as follows:
 S. 8008                            116                           A. 9008
 
 § 15-2115. Taxation of real estate.
   Lands  owned  by  the state and acquired pursuant to the provisions of
 title 21 of this article, exclusive of the improvements erected  thereon
 by  the  regulating  districts,  shall be assessed and taxed in the same
 manner as state lands subject to taxation pursuant to title 2 of article
 5 of the Real Property Tax Law, provided, however,  that  the  aggregate
 assessed valuations of such lands in any town shall not be reduced below
 the  aggregate assessed valuations thereof with the improvements thereon
 at the time of  their  acquisition  by  the  regulating  districts,  and
 provided  further  that  in case of a general increase in assessments in
 any town the assessed valuations of the lands and  improvements  at  the
 time of their acquisition by the regulating districts shall be deemed to
 have  been  increased  proportionately  with  the increase of other real
 property in such tax district. [The taxes levied thereon shall  be  paid
 by  the  river  regulating  district  under whose authority the land was
 acquired.]
   § 2. Section 532 of the real property tax law is amended by  adding  a
 new subdivision (l) to read as follows:
   (L)  LANDS  OWNED BY THE STATE AND ACQUIRED PURSUANT TO THE PROVISIONS
 OF TITLE TWENTY-ONE OF ARTICLE FIFTEEN OF THE ENVIRONMENTAL CONSERVATION
 LAW EXCLUSIVE OF THE IMPROVEMENTS ERECTED THEREON ERECTED BY  THE  REGU-
 LATING DISTRICTS.
   § 3. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1. Subdivision 6 of section 5.09 of the parks, recreation and
 historic preservation law is REPEALED.
   § 2. Section 7.11 of the parks, recreation and  historic  preservation
 law,  as  amended by chapter 679 of the laws of 1981, is amended to read
 as follows:
   § 7.11 Powers and duties of commissions.  Each regional  park,  recre-
 ation and historic preservation commission shall:
   1.  [Review  the  application of policy and plans of the office to the
 park region served by the commission and review and approve  the  budget
 for such region prior to its submission to the commissioner.
   2. Adopt policies, rules and regulations applicable to its park region
 subject  to  the  general  policies  formulated  by the commissioner and
 reviewed by the council and in conformity  with  rules  and  regulations
 adopted by the commissioner.
   3.]  Act  as a central advisory agency on all matters affecting parks,
 outdoor recreation and historic preservation within the park  region  it
 serves.
   [4.]  2.  Represent and convey to the commissioner and council citizen
 viewpoints as to the programs and needs of the park region it serves.
   [5.] 3. Maintain close liaison with officials  of  the  office  having
 administrative  jurisdiction  over  the park region which it serves, and
 advise  such  officials  on  local  policy,  operational  and  budgetary
 matters.
   §  3.  Section 7.13 of the parks, recreation and historic preservation
 law is REPEALED.
   § 4. This act shall take effect immediately.
 
                                  PART ZZ
 S. 8008                            117                           A. 9008
 
   Section 1. Subsections (e) and (g) of section 7002  of  the  insurance
 law,  as amended by chapter 188 of the laws of 2003, are amended to read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY  SUBSIDIARY  THEREOF.  WHEN  FILING  AN  APPLICATION TO FORM A PURE
 CAPTIVE INSURANCE COMPANY  THE  POWER  AUTHORITY  SHALL  SUBMIT  WRITTEN
 NOTICE  OF  SUCH  FILING TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5) who is a city with a population  of  one  million  or  more.  When
 filing  an  application to form a pure captive insurance company, a city
 with a population of one million or more shall submit written notice  of
 such  filing  to the governor, the temporary president of the senate and
 the speaker of the assembly.
   (g) "Industrial insured group" means any group of unaffiliated  indus-
 trial  insureds  that  are  engaged  in similar or related businesses or
 activities, however,  the  metropolitan  transportation  authority,  THE
 POWER  AUTHORITY  OF  THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY
 THEREOF and cities with a population of one million or more shall not be
 a member of an industrial insured group, and that collectively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY.  THE EMPLOYEES OF ANY  SUCH
 SUBSIDIARY  CORPORATION,  EXCEPT  THOSE  WHO  ARE  ALSO EMPLOYEES OF THE
 AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 S. 8008                            118                           A. 9008
 
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such
 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY THEREOF, or a public benefit
 corporation or not-for-profit corporation formed by a city with a  popu-
 lation  of  one  million  or  more pursuant to subsection (a) of section
 seven thousand five of the insurance law, each  of  which  is  expressly
 exempt  from the payment of fees, taxes or assessments, whether state or
 local; and provided further "insurance corporation" does not include any
 combinable captive insurance company. The term  "insurance  corporation"
 shall  also  include  an  unauthorized  insurer operating from an office
 within the state, pursuant  to  paragraph  five  of  subsection  (b)  of
 section  one  thousand one hundred one and subsection (i) of section two
 thousand one hundred seventeen of the insurance law. The term "insurance
 corporation" also includes a health maintenance organization required to
 obtain a certificate of authority under article forty-four of the public
 health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  THEREOF,  and a public benefit corporation or not-for-profit
 corporation formed by a city with a population of one  million  or  more
 pursuant  to subsection (a) of section seven thousand five of the insur-
 ance law, each of which is expressly exempt from the  payment  of  fees,
 taxes  or  assessments whether state or local, and other than combinable
 captive insurance company, shall, for the privilege  of  exercising  its
 corporate  franchise,  pay  a tax on (1) all gross direct premiums, less
 return premiums thereon, written on risks located or  resident  in  this
 state  and  (2)  all  assumed reinsurance premiums, less return premiums
 thereon, written on risks located or resident in this state. The rate of
 the tax imposed on gross direct premiums shall  be  four-tenths  of  one
 percent on all or any part of the first twenty million dollars of premi-
 ums, three-tenths of one percent on all or any part of the second twenty
 million  dollars  of  premiums,  two-tenths of one percent on all or any
 part of the third twenty million dollars of premiums,  and  seventy-five
 thousandths  of  one  percent on each dollar of premiums thereafter. The
 rate of the tax on assumed reinsurance premiums  shall  be  two  hundred
 twenty-five  thousandths  of one percent on all or any part of the first
 twenty million dollars of premiums, one hundred and fifty thousandths of
 one percent on all or any part of the second twenty million  dollars  of
 premiums,  fifty  thousandths  of  one percent on all or any part of the
 third twenty million dollars of premiums and twenty-five thousandths  of
 one  percent  on  each dollar of premiums thereafter. The tax imposed by
 this section shall be equal to the greater of (i) the  sum  of  the  tax
 S. 8008                            119                           A. 9008
 
 imposed on gross direct premiums and the tax imposed on assumed reinsur-
 ance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  Expenditures  of  moneys  by  the  New  York state energy
 research and development authority for  services  and  expenses  of  the
 energy   research,  development  and  demonstration  program,  including
 grants, the energy policy and planning program, the zero emissions vehi-
 cle and electric vehicle rebate program, and the Fuel NY  program  shall
 be  subject  to  the  provisions  of this section.   Notwithstanding the
 provisions of subdivision 4-a of section 18-a of the public service law,
 all moneys committed or expended in an amount not to exceed  $22,875,000
 shall  be  reimbursed by assessment against gas corporations, as defined
 in subdivision 11 of section 2 of the public service  law  and  electric
 corporations  as  defined  in  subdivision 13 of section 2 of the public
 service law, where such gas corporations and electric corporations  have
 gross  revenues from intrastate utility operations in excess of $500,000
 in the preceding calendar year, and the total amount assessed  shall  be
 allocated to each electric corporation and gas corporation in proportion
 to  its  intrastate  electricity  and  gas revenues in the calendar year
 2020. Such  amounts  shall  be  excluded  from  the  general  assessment
 provisions  of  subdivision 2 of section 18-a of the public service law.
 The chair of the public service commission shall bill  such  gas  and/or
 electric  corporations for such amounts on or before August 10, 2022 and
 such amounts shall be paid to the New York  state  energy  research  and
 development authority on or before September 10, 2022. Upon receipt, the
 New  York  state energy research and development authority shall deposit
 such funds in the energy research and development operating fund  estab-
 lished  pursuant  to section 1859 of the public authorities law. The New
 York state energy research and development authority is  authorized  and
 directed to: (1) transfer up to $4 million to the state general fund for
 climate  change related services and expenses of the department of envi-
 ronmental conservation, $150,000 to the state general fund for  services
 and   expenses  of  the  department  of  agriculture  and  markets,  and
 $1,000,000 to the University of Rochester laboratory for laser  energet-
 ics  from the funds received; and (2) commencing in 2016, provide to the
 chair of the public service commission and the director  of  the  budget
 and  the chairs and secretaries of the legislative fiscal committees, on
 or before August first of each year, an itemized  record,  certified  by
 the  president  and  chief executive officer of the authority, or his or
 her designee, detailing any and all expenditures and commitments ascrib-
 able to moneys received as a result of this assessment by the  chair  of
 the  department of public service pursuant to section 18-a of the public
 service law.  This itemized record shall include an  itemized  breakdown
 of the programs being funded by this section and the amount committed to
 each  program.  The  authority shall not commit for any expenditure, any
 moneys derived from the assessment provided for in this  section,  until
 the  chair  of  such authority shall have submitted, and the director of
 the budget shall have approved, a comprehensive  financial  plan  encom-
 passing  all  moneys  available  to  and all anticipated commitments and
 expenditures by such authority from any source  for  the  operations  of
 such  authority.    Copies  of the approved comprehensive financial plan
 shall be immediately submitted by the chair to  the  chairs  and  secre-
 taries of the legislative fiscal committees. Any such amount not commit-
 S. 8008                            120                           A. 9008
 
 ted  by such authority to contracts or contracts to be awarded or other-
 wise expended by the authority during the fiscal year shall be  refunded
 by such authority on a pro-rata basis to such gas and/or electric corpo-
 rations,  in  a  manner  to  be  determined  by the department of public
 service, and any refund amounts must be  explicitly  lined  out  in  the
 itemized record described above.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.
 
                                 PART BBB
 
   Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
 laws  of  2022  to  the  department  of agriculture and markets from the
 special  revenue  funds-other/state  operations,  miscellaneous  special
 revenue  fund-339,  public  service  account  shall  be  subject  to the
 provisions of this section. Notwithstanding any other provision  of  law
 to the contrary, direct and indirect expenses relating to the department
 of   agriculture   and  markets'  participation  in  general  ratemaking
 proceedings pursuant to section 65 of the public service law or  certif-
 ication  proceedings  pursuant  to article 7 or 10 of the public service
 law, shall be deemed expenses of the department of public service within
 the meaning of section 18-a of the public service  law.  No  later  than
 August  15,  2023, the commissioner of the department of agriculture and
 markets shall submit an accounting of such expenses, including, but  not
 limited  to,  expenses  in the 2022--2023 state fiscal year for personal
 and non-personal services and fringe  benefits,  to  the  chair  of  the
 public  service  commission  for  the  chair's  review  pursuant  to the
 provisions of section 18-a of the public service law.
   § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
 2022  to  the  department  of  state  from  the  special  revenue funds-
 other/state operations, miscellaneous special revenue  fund-339,  public
 service  account  shall  be  subject  to the provisions of this section.
 Notwithstanding any other provision of law to the contrary,  direct  and
 indirect  expenses  relating  to  the  activities  of  the department of
 state's utility intervention unit pursuant to subdivision 4  of  section
 94-a  of  the executive law, including, but not limited to participation
 in general ratemaking proceedings pursuant to section 65 of  the  public
 service  law or certification proceedings pursuant to article 7 or 10 of
 the public service law, and expenses related to the  activities  of  the
 major  renewable  energy development program established by section 94-c
 of the executive law, shall be deemed  expenses  of  the  department  of
 public  service within the meaning of section 18-a of the public service
 law.  No later than August 15, 2023, the secretary of state shall submit
 an accounting of such expenses, including, but not limited to,  expenses
 in  the  2022--2023  state  fiscal  year  for  personal and non-personal
 services and fringe benefits, to the chair of the public service commis-
 sion for the chair's review pursuant to the provisions of  section  18-a
 of the public service law.
   §  3.  Expenditures of moneys appropriated in a chapter of the laws of
 2022 to the office of parks, recreation and historic  preservation  from
 the  special revenue funds-other/state operations, miscellaneous special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the office  of
 parks,  recreation  and historic preservation's participation in general
 ratemaking proceedings pursuant to section 65 of the public service  law
 S. 8008                            121                           A. 9008
 
 or  certification  proceedings pursuant to article 7 or 10 of the public
 service law, shall be  deemed  expenses  of  the  department  of  public
 service within the meaning of section 18-a of the public service law. No
 later  than  August  15,  2023, the commissioner of the office of parks,
 recreation and historic preservation shall submit an accounting of  such
 expenses,  including,  but  not  limited  to, expenses in the 2022--2023
 state fiscal year for personal  and  non-personal  services  and  fringe
 benefits,  to the chair of the public service commission for the chair's
 review pursuant to the provisions of section 18-a of the public  service
 law.
   §  4.  Expenditures of moneys appropriated in a chapter of the laws of
 2022 to the department of environmental conservation  from  the  special
 revenue funds-other/state operations, environmental conservation special
 revenue  fund-301,  utility  environmental  regulation  account shall be
 subject to the provisions of this  section.  Notwithstanding  any  other
 provision  of law to the contrary, direct and indirect expenses relating
 to the department of environmental conservation's participation in state
 energy policy proceedings,  or  certification  proceedings  pursuant  to
 article  7  or 10 of the public service law, shall be deemed expenses of
 the department of public service within the meaning of section  18-a  of
 the  public service law. No later than August 15, 2023, the commissioner
 of the department of environmental conservation shall submit an account-
 ing of such expenses, including, but not limited  to,  expenses  in  the
 2022--2023  state fiscal year for personal and non-personal services and
 fringe benefits, to the chair of the public service commission  for  the
 chair's  review pursuant to the provisions of section 18-a of the public
 service law.
   § 5. Notwithstanding any other law, rule or regulation to the  contra-
 ry,  expenses  of  the  department  of  health  public service education
 program incurred pursuant to appropriations from  the  cable  television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses  of  the department of public service. No later than August 15,
 2023, the commissioner of the  department  of  health  shall  submit  an
 accounting  of expenses in the 2022--2023 state fiscal year to the chair
 of the public service commission for the chair's review pursuant to  the
 provisions of section 217 of the public service law.
   §  6.  Any  expense  deemed to be expenses of the department of public
 service pursuant to sections one through four of this act shall  not  be
 recovered  through  assessments  imposed  upon telephone corporations as
 defined in subdivision 17 of section 2 of the public service law.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2022 and shall
 expire and be deemed repealed April 1, 2023.
 
                                 PART CCC
 
   Section 1. Subdivision 4 of section 31 of the public service  law,  as
 added by chapter 713 of the laws of 1981, is amended to read as follows:
   4.  In  the case of any application for service to a building which is
 not supplied with electricity or gas, a utility corporation  or  munici-
 pality  shall  be  obligated  to  provide  service  to  such a building,
 provided however, that the commission may require applicants  for  ELEC-
 TRIC service to buildings THAT ARE located in excess of one hundred feet
 from  [gas or] electric transmission lines to pay or agree in writing to
 pay material and installation costs relating to the applicant's  propor-
 tion  of  the  [pipe,]  conduit, duct or wire, or other facilities to be
 S. 8008                            122                           A. 9008
 
 installed.   THE COMMISSION  MAY  FURTHER  REQUIRE  APPLICANTS  FOR  GAS
 SERVICE,  REGARDLESS  OF PROXIMITY TO GAS TRANSPORTATION LINES TO PAY OR
 AGREE IN WRITING TO PAY ALL MATERIAL AND INSTALLATION COSTS RELATING  TO
 THE  PIPE,  CONDUIT,  OR  OTHER  FACILITIES TO BE INSTALLED TO SERVE THE
 APPLICANT. WHERE ELECTRIFICATION IS NOT A PRACTICAL ALTERNATIVE  TO  GAS
 SERVICE,  THE  COMMISSION  MAY REQUIRE APPLICANTS FOR GAS SERVICE TO PAY
 MATERIAL AND INSTALLATION COSTS RELATING TO THE APPLICANT'S  PORTION  OF
 THE  PIPE, CONDUIT, OR OTHER FACILITIES TO BE INSTALLED IN EXCESS OF ONE
 HUNDRED FEET.
   § 2. Subdivision 11 of section 2 of the public service law, as amended
 by chapter 159 of the laws of 1992, is amended to read as follows:
   11. The term "gas corporation," when used in  this  chapter,  includes
 every  corporation, company, association, joint-stock association, part-
 nership and person, their lessees, trustees or  receivers  appointed  by
 any  court  whatsoever,  owning,  operating or managing any gas plant OR
 GEOTHERMAL PLANT (a) except where gas is made or produced  and  distrib-
 uted  by the maker on or through private property solely for its own use
 or the use of its tenants and not for sale to others, (b)  except  where
 compressed  natural  gas  is  sold, distributed or furnished solely as a
 fuel for use in motor vehicles, (c) except  where  manufactured  gas  is
 sold  by  the  producer  only for use or resale by a gas corporation and
 such gas of the producer and any affiliated producers does not exceed in
 any one year thirty per cent of the total  gas  sold  by  any  purchaser
 thereof  in  the area in which such manufactured gas is resold either as
 manufactured gas or as a component of mixed gas, and  (d)  except  where
 gas  is  made  or  produced  solely  from  one  or more alternate energy
 production facilities or distributed solely from one  or  more  of  such
 facilities  to users located at or near a project site; provided, howev-
 er, that any producer not included within the  meaning  of  "gas  corpo-
 ration"  by reason of exception (c) or (d) shall nevertheless be consid-
 ered a gas corporation  for  the  purposes  of  commission  jurisdiction
 relating to the safety of the construction, operation, or maintenance of
 plants manufacturing pipeline quality gas.
   § 3. Subdivision 13 of section 2 of the public service law, as amended
 by chapter 843 of the laws of 1981, is amended to read as follows:
   13.  The  term  "electric  corporation,"  when  used  in this chapter,
 includes every corporation, company,  association,  joint-stock  associ-
 ation,  partnership  and  person,  their  lessees, trustees or receivers
 appointed by any court whatsoever (other than a railroad or street rail-
 road corporation generating electricity solely for  railroad  or  street
 railroad  purposes  or  for  the  use of its tenants and not for sale to
 others) owning, operating or managing any electric plant  OR  GEOTHERMAL
 PLANT  except  where  electricity  OR  GEOTHERMAL ENERGY is generated or
 distributed by the producer solely on or through  private  property  for
 railroad  or  street  railroad purposes or for its own use or the use of
 its tenants and not for sale to others; or except where  electricity  is
 generated  by  the producer solely from one or more co-generation, small
 hydro or alternate energy production facilities  or  distributed  solely
 from  one  or  more  of  such  facilities  to users located at or near a
 project site.
   § 4. Section 2 of the public service law is amended by  adding  a  new
 subdivision 15 to read as follows:
   15.  THE  TERM "GEOTHERMAL PLANT," WHEN USED IN THIS CHAPTER, INCLUDES
 ALL REAL ESTATE, FIXTURES AND PERSONAL PROPERTY OPERATED, OWNED, USED OR
 TO BE USED FOR OR IN CONNECTION WITH OR TO FACILITATE THE  TRANSMISSION,
 DISTRIBUTION,  SALE  OR FURNISHING OF GEOTHERMAL ENERGY TO MORE THAN ONE
 S. 8008                            123                           A. 9008
 
 END USER ON SEPARATELY OWNED PROPERTIES THROUGH  SHARED  FACILITIES  FOR
 HEAT OR POWER.
   §  5.  Paragraphs  (c)  and  (d) of subdivision 6 of section 65 of the
 public service law, paragraph (c) as amended by chapter 204 of the  laws
 of 2010 and paragraph (d) as amended by chapter 388 of the laws of 2011,
 are amended and a new paragraph (e) is added to read as follows:
   (c)  for a remote meter reading device upon the request and consent of
 the customer; [or]
   (d) for installation of capital improvements and fixtures  to  promote
 energy  efficiency upon the request and consent of the customer, includ-
 ing but not limited to the performance of  qualified  energy  efficiency
 services  for  customers  participating  in  green  jobs-green  New York
 on-bill recovery pursuant to section sixty-six-m of this article[.]; OR
   (E) FOR THE PROVISION OF GEOTHERMAL SERVICE.
   § 6. This act shall take effect immediately.
 
                                 PART DDD

   Section 1. Paragraph (a) of subdivision 17  of  section  1005  of  the
 public  authorities  law, as amended by chapter 494 of the laws of 2011,
 is amended to read as follows:
   (a) As deemed feasible and advisable by the trustees, to  finance  and
 design, develop, construct, implement, provide and administer energy-re-
 lated  projects,  programs and services for any public entity, any inde-
 pendent not-for-profit institution of higher education within the state,
 ANY GENERAL HOSPITAL LOCATED IN THE STATE,  and  any  recipient  of  the
 economic  development power, expansion power, replacement power, preser-
 vation power, high load  factor  power,  municipal  distribution  agency
 power, power for jobs, and recharge New York power programs administered
 by  the  authority.  In  establishing and providing high performance and
 sustainable building programs and services authorized by  this  subdivi-
 sion,  the  authority  is  authorized  to consult standards, guidelines,
 rating systems, and/or criteria established or adopted by  other  organ-
 izations,  including but not limited to the United States green building
 council under its leadership in energy and environmental  design  (LEED)
 programs,  the  green  building initiative's green globes rating system,
 and the American National Standards Institute. The source of any financ-
 ing and/or loans provided by the authority  for  the  purposes  of  this
 subdivision  may be the proceeds of notes issued pursuant to section one
 thousand nine-a of this title, the proceeds of bonds issued pursuant  to
 section one thousand ten of this title, or any other available authority
 funds.
   §  2.  Paragraph  (b)  of subdivision 17 of section 1005 of the public
 authorities law is amended by adding a new subparagraph 3-a to  read  as
 follows:
   (3-A) "GENERAL HOSPITAL" HAS THE SAME MEANING ASCRIBED TO SUCH TERM IN
 SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
 LAW.
   § 3. This act shall take effect immediately.
 
                                 PART EEE
 
   Section  1.  This act shall be known and may be cited as the "advanced
 building codes, appliance and equipment efficiency standards, and build-
 ing benchmarking act of 2022".
 S. 8008                            124                           A. 9008
 
   § 2. Subdivision 2 of section 3-101 of the energy law, as  amended  by
 chapter 253 of the laws of 2013, is amended to read as follows:
   2. to encourage conservation of energy AND TO PROMOTE THE CLEAN ENERGY
 AND  CLIMATE  AGENDA,  INCLUDING  BUT  NOT  LIMITED  TO  GREENHOUSE  GAS
 REDUCTION, SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS  OF  TWO
 THOUSAND  NINETEEN,  ALSO KNOWN AS THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT, in the construction and operation  of  new
 commercial,  industrial,  agricultural and residential buildings, and in
 the rehabilitation of existing  structures,  through  heating,  cooling,
 ventilation,  lighting,  insulation and design techniques and the use of
 energy audits and life-cycle costing analysis;
   § 3. Subdivisions 3 and 9 of section 11-102  of  the  energy  law,  as
 added  by chapter 560 of the laws of 2010, are amended, subdivisions 11,
 12, 13, 14, and 15 are renumbered to be subdivisions 12, 13, 14, 15, and
 16, and a new subdivision 11 is added to read as follows:
   3.   ["ASHRAE   90.1-2007."    ANSI/ASHRAE/IESNA]    "ASHRAE    90.1."
 ANSI/ASHRAE/IES  Standard [90.1-2007] 90.1, entitled "Energy [Standards]
 STANDARD for Buildings Except Low-Rise Residential Buildings," published
 by American Society of Heating, Refrigerating and Air-Conditioning Engi-
 neers, Inc.
   9. "Historic building." Any building OR STRUCTURE that is ONE OR  MORE
 OF  THE  FOLLOWING: (a) listed, OR CERTIFIED AS ELIGIBLE FOR LISTING, on
 the national register of historic places or on  the  state  register  of
 historic  places,  (b)  [determined by the commissioner of parks, recre-
 ation and historic preservation to be eligible for listing on the  state
 register  of  historic  places]  DESIGNATED AS HISTORIC UNDER APPLICABLE
 STATE OR LOCAL LAW, OR (c) [determined by  the  commissioner  of  parks,
 recreation and historic preservation to be a contributing building to an
 historic district that is listed or eligible for listing on the state or
 national  registers  of  historic places, or (d) otherwise defined as an
 historic building in regulations adopted by the  state  fire  prevention
 and building code council] CERTIFIED AS A CONTRIBUTING RESOURCE WITHIN A
 NATIONAL  REGISTER-LISTED,  STATE REGISTER-LISTED, OR LOCALLY DESIGNATED
 HISTORIC DISTRICT.
   11. "LIFE-CYCLE COST." AN ESTIMATE OF THE TOTAL COST  OF  ACQUISITION,
 OPERATION, MAINTENANCE, AND CONSTRUCTION OF ANY SYSTEM WITHIN OR RELATED
 TO  A STRUCTURE OVER THE DESIGN LIFE OF THE STRUCTURE. "LIFE-CYCLE COST"
 INCLUDES, BUT IS NOT LIMITED TO, THE COST OF FUEL, MATERIALS, MACHINERY,
 ANCILLARY DEVICES, LABOR, SERVICE, REPLACEMENT, AND REPAIRS.
   § 4. Paragraph (b) of subdivision  1  and  subdivisions  2  and  3  of
 section  11-103  of  the  energy  law, paragraph (b) of subdivision 1 as
 added and subdivision 2 as amended by chapter 560 of the  laws  of  2010
 and  subdivision  3  as  amended by chapter 292 of the laws of 1998, are
 amended to read as follows:
   (b) The code shall apply to the construction of any new building.  The
 code shall also apply to an addition to, and alteration of, any existing
 building  or building system; provided, however, that the code shall not
 be interpreted to require any unaltered portion of the existing building
 or building system to comply with the code. The code shall [not apply to
 the following provided that the  energy  use  of  the  building  is  not
 increased:
   (1) storm windows installed over existing fenestration;
   (2) glass only replacements in an existing sash and frame;
   (3)   existing   ceiling,   wall  or  floor  cavities  exposed  during
 construction provided that these cavities are filled with insulation;
 S. 8008                            125                           A. 9008

   (4) construction where the existing roof, wall or floor cavity is  not
 exposed;
   (5) reroofing for roofs where neither the sheathing nor the insulation
 is exposed; roofs without insulation in the cavity and where the sheath-
 ing  or insulation is exposed during reroofing shall be insulated either
 above or below the sheathing;
   (6) replacement of existing doors that separate conditioned space from
 the exterior shall not  require  the  installation  of  a  vestibule  or
 revolving door, provided, however, that an existing vestibule that sepa-
 rates such conditioned space from the exterior shall not be removed;
   (7) alterations that replace less than fifty percent of the luminaires
 in a space, provided that such alterations do not increase the installed
 interior lighting power;
   (8)  alterations  that  replace  only  the bulb and ballast within the
 existing luminaires in a space provided that  the  alteration  does  not
 increase the installed interior lighting power; and
   (9) any other exception] BE SUBJECT TO SUCH OTHER EXCEPTIONS AS MAY BE
 adopted  by the state fire prevention and building code council provided
 that such [exception will] EXCEPTIONS SHALL not prevent  the  attainment
 of  the  compliance goals set forth in section 410(2)(c) of the American
 Recovery and Reinvestment Act of 2009.
   2. (A) The state fire prevention and building code council is  author-
 ized,  from time to time as it deems appropriate and consistent with the
 purposes of this article, to review and amend the code, or adopt  a  new
 code,  through rules and regulations provided that the code remains cost
 effective with respect to building construction in the state. In  deter-
 mining  whether  the code remains cost effective, the code council shall
 consider [whether the cost of materials and their installation  to  meet
 its standards would be equal to or less than the present value of energy
 savings that could be expected over a ten year period in the building in
 which  such materials are installed] (I) WHETHER COMPLYING WITH THE CODE
 WOULD REDUCE OR MAINTAIN OVERALL LIFE-CYCLE  COSTS  UNDER  A  LIFE-CYCLE
 COST ANALYSIS PERFORMED UNDER METHODOLOGY AS ESTABLISHED BY THE NEW YORK
 STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY FROM TIME TO TIME, AND
 (II) SECONDARY OR SOCIETAL EFFECTS, SUCH AS REDUCTIONS IN GREENHOUSE GAS
 EMISSIONS.  THE METHODOLOGY FOR ASSESSING COST-EFFECTIVENESS,  INCLUDING
 SECONDARY  OR  SOCIETAL  EFFECTS, SHALL BE DEVELOPED THROUGH AN OPEN AND
 TRANSPARENT PUBLIC PROCESS. For residential buildings,  the  code  shall
 meet  or  exceed  the  then most recently published International Energy
 Conservation Code, or achieve equivalent or greater energy savings;  and
 for  commercial  buildings,  the code shall meet or exceed THE THEN MOST
 RECENTLY PUBLISHED ASHRAE [90.1-2007] 90.1,  or  achieve  equivalent  or
 greater energy savings.
   (B) WHEN ADOPTING THE FIRST AMENDED VERSION OF THE CODE NEXT FOLLOWING
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
 THAT  ADDED  THIS  PARAGRAPH,  AND  ANY SUBSEQUENT CODES, THE STATE FIRE
 PREVENTION AND BUILDING CODE COUNCIL SHALL USE ITS BEST EFFORTS TO ADOPT
 PROVISIONS FOR RESIDENTIAL BUILDINGS THAT ACHIEVE ENERGY SAVINGS GREATER
 THAN ENERGY SAVINGS ACHIEVED BY THE THEN MOST RECENTLY PUBLISHED  INTER-
 NATIONAL  ENERGY CONSERVATION CODE AND TO MEET THE GOALS OF THE NEW YORK
 STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT PURSUANT TO  CHAP-
 TER  ONE  HUNDRED  SIX OF THE LAWS OF TWO THOUSAND NINETEEN AND TO ADOPT
 PROVISIONS FOR COMMERCIAL BUILDINGS THAT ACHIEVE ENERGY SAVINGS  GREATER
 THAN  ENERGY SAVINGS ACHIEVED BY THE THEN MOST RECENTLY PUBLISHED ASHRAE
 90.1 AND TO MEET THE GOALS OF THE NEW YORK STATE CLIMATE LEADERSHIP  AND
 COMMUNITY PROTECTION ACT PURSUANT TO CHAPTER ONE HUNDRED SIX OF THE LAWS
 S. 8008                            126                           A. 9008
 
 OF  TWO  THOUSAND  NINETEEN,  BOTH AT LEVELS RECOMMENDED BY THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, PROVIDED THAT THE STATE
 FIRE PREVENTION AND BUILDING CODE COUNCIL DETERMINES THAT SUCH  ADVANCED
 ENERGY  SAVINGS  CAN BE ACHIEVED WHILE STILL MEETING THE COST EFFECTIVE-
 NESS CONSIDERATIONS CONTEMPLATED BY THIS SUBDIVISION.
   3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
 prevention  and  building  code  council  in accordance with the mandate
 under this article shall have exclusive authority among  state  agencies
 to  promulgate  a  construction  code  incorporating energy conservation
 features AND CLEAN ENERGY FEATURES, INCLUDING BUT NOT LIMITED TO  GREEN-
 HOUSE  GAS  REDUCTION.    Any  other code, rule or regulation heretofore
 promulgated or enacted by any other state agency, incorporating specific
 energy conservation AND CLEAN  ENERGY  requirements  applicable  to  the
 construction of any building, shall be superseded by the code promulgat-
 ed  pursuant  to  this  section.  THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR  PUBLIC
 COMMENT  FROM  ALL  SEGMENTS OF THE POPULATION THAT WILL BE IMPACTED  BY
 THE  PROMULGATED CODES, RULES, OR REGULATIONS, INCLUDING PERSONS  LIVING
 IN  DISADVANTAGED COMMUNITIES AS IDENTIFIED BY THE CLIMATE JUSTICE WORK-
 ING GROUP ESTABLISHED UNDER SECTION 75-0111 OF THE ENVIRONMENTAL CONSER-
 VATION LAW.
   § 5. Subdivision 5 of section 11-104 of the energy law, as amended  by
 chapter  560  of the laws of 2010, is amended and a new subdivision 6 is
 added to read as follows:
   5. The [code shall exempt from such uniform standards and requirements
 any historic building as defined in  section  11-102  of  this  article]
 STATE  FIRE  PREVENTION  AND BUILDING CODE COUNCIL, IN CONSULTATION WITH
 THE COMMISSIONER OF THE DEPARTMENT OF PARKS,  RECREATION,  AND  HISTORIC
 PRESERVATION, IS AUTHORIZED TO PROVIDE EXEMPTIONS TO SUCH UNIFORM STAND-
 ARDS  AND  REQUIREMENTS  FOR  HISTORIC  BUILDINGS  AS DEFINED IN SECTION
 11-102 OF THIS ARTICLE, TO THE EXTENT THAT  THE  UNIFORM  STANDARDS  AND
 REQUIREMENTS  WOULD  THREATEN,  DEGRADE,  OR  DESTROY THE HISTORIC FORM,
 FABRIC, OR FUNCTION OF SUCH HISTORIC BUILDINGS.
   6. TO  THE  FULLEST  EXTENT  FEASIBLE,  THE  CODE  SHALL  REQUIRE  NEW
 CONSTRUCTION  STATEWIDE  TO HAVE ZERO ONSITE GREENHOUSE GAS EMISSIONS NO
 LATER THAN THE YEAR  TWO  THOUSAND  TWENTY-SEVEN  TO  HELP  ACHIEVE  THE
 STATE'S  CLEAN  ENERGY  AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO
 GREENHOUSE GAS REDUCTION, SET FORTH WITHIN CHAPTER ONE  HUNDRED  SIX  OF
 THE  LAWS  OF  TWO  THOUSAND  NINETEEN, ALSO KNOWN AS THE NEW YORK STATE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, AND AS FURTHER  IDENTI-
 FIED  BY  THE NEW YORK STATE CLIMATE ACTION COUNCIL ESTABLISHED PURSUANT
 TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 6. The article heading of article 16 of the energy law, as added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
           APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
   §  7. Subdivision 4-a of section 16-102 of the energy law, as added by
 chapter 222 of the laws of 2010, is amended to read as follows:
   4-a. ["Bottle-type water dispenser" means a water dispenser that  uses
 a  bottle  or  reservoir  as the source of potable water.] THE FOLLOWING
 DEFINITIONS REFER TO WATER COOLERS:
   (A) "BOTTLE-TYPE" MEANS A WATER DISPENSER THAT USES A BOTTLE OR RESER-
 VOIR AS THE SOURCE OF POTABLE WATER.
   (B) "WATER COOLER" MEANS A FREESTANDING DEVICE THAT CONSUMES ENERGY TO
 COOL AND/OR HEAT POTABLE WATER.
   (C) "COLD ONLY UNITS" MEANS UNITS THAT DISPENSE COLD WATER ONLY.
 S. 8008                            127                           A. 9008
 
   (D) "HOT AND COLD UNITS" MEANS UNITS THAT DISPENSE BOTH HOT  AND  COLD
 WATER. SOME UNITS MAY ALSO OFFER ROOM-TEMPERATURE WATER.
   (E)  "COOK  AND  COLD  UNITS"  MEANS UNITS THAT DISPENSE BOTH COLD AND
 ROOM-TEMPERATURE WATER.
   (F) "POINT OF USE (POU)" MEANS THE WATER  COOLER  IS  CONNECTED  TO  A
 PRESSURIZED WATER SOURCE.
   (G) "CONVERSION-TYPE" MEANS A UNIT THAT SHIPS AS EITHER BOTTLE-TYPE OR
 POU  AND  INCLUDES A CONVERSION KIT INTENDED TO CONVERT THE WATER COOLER
 FROM A BOTTLE-TYPE UNIT TO A POU UNIT OR TO CONVERT  A  POU  UNIT  TO  A
 BOTTLE-TYPE UNIT.
   (H)  "STORAGE-TYPE"  MEANS  THERMALLY CONDITIONED WATER IS STORED IN A
 TANK IN THE WATER COOLER AND IS AVAILABLE INSTANTANEOUSLY.
   (I) "ON DEMAND" MEANS THE WATER COOLER HEATS WATER AS IT IS REQUESTED,
 WHICH TYPICALLY TAKES A FEW MINUTES TO DELIVER.
   § 8. Subdivision 11 of section 16-102 of the energy law, as  added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
   11.  "Consumer  audio and video product" means [televisions,] A MAINS-
 CONNECTED PRODUCT THAT AMPLIFIES  AUDIO,  OFFERS  OPTICAL,  DISC  PLAYER
 FUNCTIONALITY,  AND/OR  RECEIVES  AND  PLAYS AUDIO AND/OR VIDEO CONTENT.
 EXAMPLES OF CONSUMER AUDIO AND  VIDEO  PRODUCTS  INCLUDE  compact  audio
 products, digital versatile disc players, digital versatile disc record-
 ers,  [and]  digital  television  adapters  AND STREAMING MEDIA PLAYERS.
 TELEVISIONS ARE SPECIFICALLY EXCLUDED  FROM  CONSUMER  AUDIO  AND  VIDEO
 PRODUCTS.
   §  9.  Subdivision 18 of section 16-102 of the energy law, as added by
 chapter 431 of the laws of 2005, is amended to read as follows:
   18. ["Energy efficiency performance standards"] "EFFICIENCY  STANDARD"
 means  [performance  standards which prescribe a minimum level of energy
 efficiency determined in accordance with test procedures  prescribed  by
 the  secretary  in  consultation  with  the  president]  A STANDARD THAT
 DEFINES PERFORMANCE METRICS AND/OR DEFINES PRESCRIPTIVE DESIGN  REQUIRE-
 MENTS  IN  ORDER TO REDUCE ENERGY CONSUMPTION, REDUCE WATER CONSUMPTION,
 REDUCE GREENHOUSE GAS  EMISSIONS,  AND/OR  INCREASE  DEMAND  FLEXIBILITY
 ASSOCIATED WITH THE REGULATED PRODUCT CATEGORY.
   § 10.  Subdivisions 27-a and 27-b of section 16-102 of the energy law,
 as  added  by  chapter  222  of the laws of 2010, are amended to read as
 follows:
   27-a. "Portable electric spa" means a factory-built  electric  spa  or
 hot  tub,  [supplied  with  equipment for heating and circulating water]
 WHICH MAY OR MAY NOT INCLUDE ANY COMBINATION OF INTEGRAL CONTROLS, WATER
 HEATING OR WATER CIRCULATING EQUIPMENT.
   27-b. "Portable light fixture" means a light fixture which has a flex-
 ible cord and an attachment plug for connection to a nominal one hundred
 twenty-volt, fifteen- or twenty-ampere  branch  circuit;  which  can  be
 relocated  by  the  user  without any rewiring; [and] which is typically
 controlled with a switch located on the light fixture itself or  on  the
 power  cord;  AND  WHICH  ARE  INTENDED  FOR  USE IN ACCORDANCE WITH THE
 NATIONAL ELECTRICAL CODE, ANSI/NFPA 70-2002.   "Portable light  fixture"
 does not include direct plug-in nightlights; sun and heat lamps; aquari-
 um lamps; medical and dental lights; portable electric hand lamps; signs
 and  commercial  advertising  displays;  photographic  lamps; germicidal
 lamps; [metal halide lamp fixtures; torchiere lighting fixtures] ILLUMI-
 NATED VANITY MIRRORS; LAVA LAMPS NOT PROVIDING GENERAL OR  TASK  ILLUMI-
 NATION;  INDUSTRIAL  WORK  LIGHTS  RATED  FOR  USE WITH A LAMP PROVIDING
 GREATER THAN SEVEN THOUSAND LUMENS; portable lamp  fixtures  for  marine
 use  or  for use in hazardous locations as defined in the national elec-
 S. 8008                            128                           A. 9008
 
 trical code, ANSI/NFPA 70; or decorative lighting  outfits  or  electric
 candles and candelabras without lampshades that are covered by the stan-
 dard for safety of seasonal and holiday decorative products, UL 588.
   §  11.  Subdivision 29-a of section 16-102 of the energy law, as added
 by chapter 222 of the laws of 2010, is amended to read as follows:
   29-a. "[Residential] REPLACEMENT DEDICATED-PURPOSE  pool  pump  MOTOR"
 means [a product which is designed or used to circulate and filter resi-
 dential  swimming pool water in order to maintain clarity and sanitation
 and which consists in part of a motor and an impeller] AN ELECTRIC MOTOR
 THAT:
   (A) IS SINGLE-PHASE OR POLYPHASE;
   (B) HAS A DEDICATED PURPOSE POOL PUMP MOTOR TOTAL HORSEPOWER  OF  LESS
 THAN OR EQUAL TO FIVE HORSEPOWER;
   (C)  IS  MARKETED  FOR USE AS A REPLACEMENT MOTOR IN SELF-PRIMING POOL
 FILTER PUMP, NON-SELF-PRIMING  POOL  FILTER  PUMP  OR  PRESSURE  CLEANER
 BOOSTER PUMP APPLICATIONS; AND
   (D)  EXCLUDES POLYPHASE REPLACEMENT DEDICATED-PURPOSE POOL PUMP MOTORS
 CAPABLE OF OPERATING WITHOUT A DRIVE, AND IS SOLD OR  OFFERED  FOR  SALE
 WITHOUT A DRIVE THAT CONVERTS SINGLE-PHASE POWER TO POLYPHASE POWER.
   §  12. Subdivision 33 of section 16-102 of the energy law, as added by
 chapter 431 of the laws of 2005, is amended to read as follows:
   33. "Television (TV)" means [a commercially available electronic prod-
 uct consisting of a tuner/receiver and a monitor  encased  in  a  single
 housing,  which  is]  AN  ANALOG OR DIGITAL DEVICE PRIMARILY designed to
 receive and display [an analog or digital video television signal broad-
 cast by an antenna, satellite, cable, or broadband source]  TERRESTRIAL,
 SATELLITE,  CABLE,  INTERNET  PROTOCOL  TV (IPTV), OR OTHER BROADCAST OR
 RECORDED TRANSMISSIONS OF ANALOG OR DIGITAL VIDEO AND AUDIO SIGNALS. TVS
 INCLUDE COMBINATION TVS, TELEVISION MONITORS,  COMPONENT  TVS,  AND  ANY
 UNIT  THAT  IS  MARKETED TO THE CONSUMER AS A TV.  "Television" does not
 include [multifunction TVs which have VCR, DVD, DVR, or  EPG  functions]
 COMPUTER MONITORS.
   §  13.  Section  16-102 of the energy law is amended by adding thirty-
 eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
 42-a, 43, 43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52,  53,  54,  55,
 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
   18-A.  "GREENHOUSE  GAS" MEANS CARBON DIOXIDE, METHANE, NITROUS OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 SUBSTANCE EMITTED INTO THE AIR THAT MAY  BE  REASONABLY  ANTICIPATED  TO
 CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
   18-B. "DEMAND FLEXIBILITY" MEANS THE CAPABILITY TO SCHEDULE, SHIFT, OR
 CURTAIL  THE  ELECTRICAL  DEMAND  OF  A  LOAD-SERVING  ENTITY'S CUSTOMER
 THROUGH DIRECT ACTION BY THE CUSTOMER  OR  THROUGH  ACTION  BY  A  THIRD
 PARTY,  THE LOAD-SERVING ENTITY, OR A GRID BALANCING AUTHORITY, WITH THE
 CUSTOMER'S CONSENT.
   21-C. "DUV" MEANS A METRIC THAT QUANTIFIES THE  DISTANCE  BETWEEN  THE
 CHROMATICITY  OF  A GIVEN LIGHT SOURCE AND A BLACKBODY RADIATOR OF EQUAL
 CORRELATED COLOR TEMPERATURE (CCT)  ON  A  CIE  1976  (U,  V)  CHROMATIC
 DIAGRAM  DEMONSTRATING HOW DIFFERENT TWO LIGHT SOURCES OF THE SAME COLOR
 TEMPERATURE  APPEAR.
   21-D. "LIGHT EMITTING DIODE  (LED)  LAMP"  MEANS  A  LAMP  CAPABLE  OF
 PRODUCING  LIGHT WITH DUV BETWEEN -0.012 AND 0.012, AND THAT HAS AN E12,
 E17,  E26, OR GU-24 BASE, INCLUDING LED  LAMPS  THAT  ARE  DESIGNED  FOR
 RETROFIT  WITHIN  EXISTING RECESSED CAN HOUSINGS THAT CONTAIN ONE OF THE
 PRECEDING BASES. LED LAMP DOES NOT INCLUDE A LAMP WITH A  BRIGHTNESS  OF
 MORE  THAN TWO THOUSAND SIX HUNDRED LUMENS OR A LAMP THAT CANNOT PRODUCE
 S. 8008                            129                           A. 9008
 
 LIGHT WITH A CORRELATED  COLOR  TEMPERATURE  BETWEEN  TWO  THOUSAND  TWO
 HUNDRED KELVIN AND SEVEN THOUSAND KELVIN.
   38. THE FOLLOWING DEFINITIONS REFER TO AIR COMPRESSORS:
   (A)  "AIR COMPRESSOR" MEANS A COMPRESSOR DESIGNED TO COMPRESS AIR THAT
 HAS AN INLET OPEN TO THE ATMOSPHERE OR OTHER SOURCE OF AIR, AND IS  MADE
 UP OF A COMPRESSION ELEMENT (BARE COMPRESSOR), DRIVER OR DRIVERS MECHAN-
 ICAL EQUIPMENT TO DRIVE THE COMPRESSOR ELEMENT, AND ANY ANCILLARY EQUIP-
 MENT.
   (B)  "COMPRESSOR" MEANS A MACHINE OR APPARATUS THAT CONVERTS DIFFERENT
 TYPES OF ENERGY INTO THE POTENTIAL ENERGY OF GAS PRESSURE FOR  DISPLACE-
 MENT  AND  COMPRESSION  OF  GASEOUS  MEDIA TO ANY HIGHER-PRESSURE VALUES
 ABOVE ATMOSPHERIC PRESSURE AND HAS A PRESSURE RATIO AT FULL-LOAD OPERAT-
 ING PRESSURE GREATER THAN 1.3.
   39. THE FOLLOWING DEFINITIONS REFER TO AIR PURIFIERS:
   (A) "AIR PURIFIER", ALSO KNOWN AS "ROOM AIR CLEANER", MEANS  AN  ELEC-
 TRIC,  CORD-CONNECTED,  PORTABLE  APPLIANCE WITH THE PRIMARY FUNCTION OF
 REMOVING PARTICULATE MATTER FROM THE AIR AND WHICH  CAN  BE  MOVED  FROM
 ROOM TO ROOM.
   (B)  "INDUSTRIAL  AIR  PURIFIER"  MEANS  AN INDOOR AIR CLEANING DEVICE
 MANUFACTURED, ADVERTISED, MARKETED, LABELED, AND USED SOLELY FOR  INDUS-
 TRIAL  USE THAT ARE MARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR
 BUSINESSES AND PROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE. POTEN-
 TIAL HEALTH HAZARD: EMITS OZONE."
   40. "COMMERCIAL DISHWASHER" MEANS A  MACHINE  DESIGNED  TO  CLEAN  AND
 SANITIZE  PLATES,  POTS, PANS, GLASSES, CUPS, BOWLS, UTENSILS, AND TRAYS
 BY APPLYING SPRAYS OF DETERGENT SOLUTION (WITH OR WITHOUT BLASTING MEDIA
 GRANULES) AND A SANITIZING RINSE AND IS NOT A  "COMPACT  DISHWASHER"  OR
 "STANDARD  DISHWASHER" (CAPACITY LESS THAN EIGHT PLACE SETTINGS PLUS SIX
 SERVING PIECES AS SPECIFIED IN ANSI/AHAM DW-1 USING THE TEST LOAD SPECI-
 FIED IN SECTION 2.7 OF APPENDIX C IN SUBPART B OF 10 CFR 430.2).
   41. "COMMERCIAL FRYER" MEANS AN  APPLIANCE  FOR  NON-RESIDENTIAL  USE,
 INCLUDING  A COOKING VESSEL, IN WHICH OIL IS PLACED TO SUCH A DEPTH THAT
 THE COOKING FOOD IS ESSENTIALLY SUPPORTED BY DISPLACEMENT OF THE COOKING
 FLUID RATHER THAN BY THE BOTTOM OF THE VESSEL. HEAT IS DELIVERED TO  THE
 COOKING  FLUID  BY MEANS OF AN IMMERSED ELECTRIC ELEMENT OF BAND-WRAPPED
 VESSEL (ELECTRIC FRYERS) OR BY HEAT TRANSFER FROM  GAS  BURNERS  THROUGH
 EITHER THE WALLS OF THE FRYER OR THROUGH TUBES PASSING THROUGH THE COOK-
 ING FLUID (GAS FRYERS).
   41-A.  "COMMERCIAL  OVEN" MEANS A CHAMBER DESIGNED FOR HEATING, ROAST-
 ING, OR BAKING FOOD BY CONDUCTION, CONVECTION, RADIATION,  AND/OR  ELEC-
 TROMAGNETIC ENERGY.
   42.  "COMMERCIAL  STEAM  COOKER"  ALSO KNOWN AS "COMPARTMENT STEAMER",
 MEANS A DEVICE FOR NON-RESIDENTIAL USE WITH ONE  OR  MORE  FOOD-STEAMING
 COMPARTMENTS IN WHICH THE ENERGY IN THE STEAM IS TRANSFERRED TO THE FOOD
 BY  DIRECT  CONTACT.  MODELS MAY INCLUDE COUNTERTOP MODELS, WALL-MOUNTED
 MODELS, AND FLOOR MODELS MOUNTED ON A STAND, PEDESTAL, OR  CABINET-STYLE
 BASE.
   42-A.  "COMMERCIAL  HOT  FOOD  HOLDING  CABINET" MEANS A HEATED, FULLY
 ENCLOSED COMPARTMENT, WITH ONE OR MORE SOLID  OR  PARTIAL  GLASS  DOORS,
 THAT  IS  DESIGNED TO MAINTAIN THE TEMPERATURE OF HOT FOOD THAT HAS BEEN
 COOKED IN A SEPARATE APPLIANCE. "COMMERCIAL HOT  FOOD  HOLDING  CABINET"
 DOES  NOT INCLUDE HEATED GLASS MERCHANDISING CABINETS, DRAWER WARMERS OR
 COOK-AND-HOLD APPLIANCES.
   43. "COMPUTER" MEANS A DEVICE THAT  PERFORMS  LOGICAL  OPERATIONS  AND
 PROCESSES  DATA.  A COMPUTER INCLUDES BOTH STATIONARY AND PORTABLE UNITS
 AND INCLUDES A DESKTOP  COMPUTER,  A  PORTABLE  ALL-IN-ONE,  A  NOTEBOOK
 S. 8008                            130                           A. 9008

 COMPUTER,  A  MOBILE  GAMING  SYSTEM,  A  HIGH-EXPANDABILITY COMPUTER, A
 SMALL-SCALE SERVER, A THIN CLIENT, AND A WORKSTATION. ALTHOUGH A COMPUT-
 ER IS CAPABLE OF USING INPUT DEVICES AND DISPLAYS, SUCH DEVICES ARE  NOT
 REQUIRED  TO BE INCLUDED WITH THE COMPUTER WHEN THE COMPUTER IS SHIPPED.
 A COMPUTER IS COMPOSED OF, AT A MINIMUM, (A) A CENTRAL  PROCESSING  UNIT
 (CPU)  TO  PERFORM  OPERATIONS OR, IF NO CPU IS PRESENT, THEN THE DEVICE
 MUST FUNCTION AS A CLIENT GATEWAY TO A SERVER, AND THE SERVER ACTS AS  A
 COMPUTATIONAL CPU; (B) THE ABILITY TO SUPPORT USER INPUT DEVICES SUCH AS
 A KEYBOARD, MOUSE, OR TOUCH PAD; AND (C) AN INTEGRATED DISPLAY SCREEN OR
 THE ABILITY TO SUPPORT AN EXTERNAL DISPLAY SCREEN TO OUTPUT INFORMATION.
 THE  TERM  "COMPUTER" DOES NOT INCLUDE A TABLET, A GAME CONSOLE, A TELE-
 VISION, A DEVICE WITH AN INTEGRATED  AND  PRIMARY  DISPLAY  THAT  HAS  A
 SCREEN  SIZE  OF  TWENTY  SQUARE  INCHES  OR LESS, A SERVER OTHER THAN A
 SMALL-SCALE SERVER, OR AN INDUSTRIAL COMPUTER.
   43-A. "COMPUTER MONITOR" MEANS AN ANALOG OR  DIGITAL  DEVICE  OF  SIZE
 GREATER  THAN  OR  EQUAL  TO  SEVENTEEN INCHES AND LESS THAN OR EQUAL TO
 SIXTY-ONE INCHES, THAT HAS A PIXEL DENSITY OF GREATER THAN FIVE THOUSAND
 PIXELS PER SQUARE INCH, AND THAT IS DESIGNED PRIMARILY FOR  THE  DISPLAY
 OF  COMPUTER-GENERATED SIGNALS FOR VIEWING BY ONE PERSON IN A DESK-BASED
 ENVIRONMENT. A COMPUTER MONITOR IS COMPOSED  OF  A  DISPLAY  SCREEN  AND
 ASSOCIATED  ELECTRONICS.  A  COMPUTER  MONITOR  DOES  NOT  INCLUDE,  (A)
 DISPLAYS WITH INTEGRATED OR REPLACEABLE BATTERIES  DESIGNED  TO  SUPPORT
 PRIMARY OPERATION WITHOUT AC MAINS OR EXTERNAL DC POWER (E.G. ELECTRONIC
 READERS,   MOBILE  PHONES,  PORTABLE  TABLETS,  BATTERY-POWERED  DIGITAL
 PICTURE FRAMES); OR (B) A TELEVISION OR SIGNAGE DISPLAY.
   44. "GENERAL SERVICE LAMP" SHALL INCLUDE THE FOLLOWING DEFINITIONS:
   (A) "COMPACT FLUORESCENT LAMP (CFL)" MEANS AN INTEGRATED OR  NON-INTE-
 GRATED  SINGLE-BASE,  LOW-PRESSURE MERCURY, ELECTRIC-DISCHARGE SOURCE IN
 WHICH A FLUORESCING COATING TRANSFORMS SOME OF  THE  ULTRAVIOLET  ENERGY
 GENERATED  BY  THE  MERCURY  DISCHARGE  INTO  LIGHT; THIS TERM SHALL NOT
 INCLUDE CIRCLINE OR U-SHAPED LAMPS.
   (B) "GENERAL SERVICE INCANDESCENT LAMP" MEANS A STANDARD  INCANDESCENT
 OR  HALOGEN TYPE LAMP THAT IS INTENDED FOR GENERAL SERVICE APPLICATIONS,
 HAS A MEDIUM SCREW BASE, HAS A  LUMEN  RANGE  OF  NOT  LESS  THAN  THREE
 HUNDRED TEN LUMENS AND NOT MORE THAN TWO THOUSAND SIX HUNDRED LUMENS, OR
 IN THE CASE OF A MODIFIED SPECTRUM LAMP, NOT LESS THAN TWO HUNDRED THIR-
 TY-TWO  LUMENS AND NOT MORE THAN ONE THOUSAND NINE HUNDRED FIFTY LUMENS,
 AND IS CAPABLE OF BEING OPERATED AT A VOLTAGE RANGE AT  LEAST  PARTIALLY
 WITHIN  ONE HUNDRED TEN AND ONE HUNDRED THIRTY VOLTS; PROVIDED, HOWEVER,
 THAT THIS DEFINITION SHALL  NOT  APPLY  TO  THE  FOLLOWING  INCANDESCENT
 LAMPS:
   (I) APPLIANCE LAMPS;
   (II) BLACK LIGHT LAMPS;
   (III) BUG LAMPS;
   (IV) COLORED LAMPS;
   (V)  G  SHAPE  LAMPS (AS DEFINED IN ANSI C78.20 AND C79.1-2002) WITH A
 DIAMETER OF FIVE INCHES OR MORE;
   (VI) INFRARED LAMPS;
   (VII) LEFT-HAND THREAD LAMPS;
   (VIII) MARINE LAMPS;
   (IX) MARINE SIGNAL SERVICE LAMPS;
   (X) MINE SERVICE LAMPS;
   (XI) PLANT LIGHT LAMPS;
   (XII) REFLECTOR LAMPS;
   (XIII) SIGN SERVICE LAMPS;
   (XIV) SILVER BOWL LAMPS;
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   (XV) SHOWCASE LAMPS;
   (XVI) ROUGH SERVICE LAMPS;
   (XVII)  SHATTER-RESISTANT  LAMPS  (INCLUDING  SHATTER-PROOF  LAMPS AND
 SHATTER-PROTECTED LAMPS);
   (XVIII) 3-WAY INCANDESCENT LAMPS;
   (XIX) VIBRATION SERVICE LAMPS;
   (XX) AB, BA, CA, F, G16-1/2, G-25, G30, S, OR M-14 LAMPS  (AS  DEFINED
 IN ANSI C79.1-2002 AND ANSI C78.20) OF FORTY WATTS OR LESS;
   (XXI)  T  SHAPE  LAMPS (AS DEFINED IN ANSI C78.20 AND ANSI C79.1-2002)
 AND THAT USES NOT MORE THAN FORTY WATTS OR HAS A LENGTH OF MORE THAN TEN
 INCHES; AND
   (XXII) TRAFFIC SIGNAL LAMPS.
   (C) "GENERAL SERVICE LAMP" MEANS A LAMP THAT HAS AN ANSI BASE, IS ABLE
 TO OPERATE AT A VOLTAGE OF TWELVE VOLTS  OR  TWENTY-FOUR  VOLTS,  AT  OR
 BETWEEN  ONE  HUNDRED  TO  ONE  HUNDRED  THIRTY VOLTS, AT OR BETWEEN TWO
 HUNDRED TWENTY TO TWO HUNDRED FORTY VOLTS, OR OF  TWO  HUNDRED  SEVENTY-
 SEVEN  VOLTS  FOR INTEGRATED LAMPS, OR IS ABLE TO OPERATE AT ANY VOLTAGE
 FOR NON-INTEGRATED LAMPS, HAS AN INITIAL LUMEN OUTPUT OF GREATER THAN OR
 EQUAL TO THREE HUNDRED TEN LUMENS (OR TWO HUNDRED THIRTY-TWO LUMENS  FOR
 MODIFIED  SPECTRUM  GENERAL SERVICE INCANDESCENT LAMPS) AND LESS THAN OR
 EQUAL TO THREE THOUSAND THREE HUNDRED LUMENS, IS NOT A LIGHT FIXTURE, IS
 NOT AN LED DOWNLIGHT RETROFIT KIT,  AND  IS  USED  IN  GENERAL  LIGHTING
 APPLICATIONS.    GENERAL SERVICE LAMPS SHALL INCLUDE, BUT NOT BE LIMITED
 TO, GENERAL SERVICE INCANDESCENT LAMPS,  INCANDESCENT  REFLECTOR  LAMPS,
 COMPACT  FLUORESCENT  LAMPS, GENERAL SERVICE LIGHT EMITTING DIODE LAMPS,
 AND GENERAL SERVICE ORGANIC LIGHT EMITTING DIODE LAMPS.  GENERAL SERVICE
 LAMPS SHALL NOT INCLUDE:
   (I) APPLIANCE LAMPS;
   (II) BLACK LIGHT LAMPS;
   (III) BUG LAMPS;
   (IV) COLORED LAMPS;
   (V) G SHAPE LAMPS WITH A DIAMETER OF FIVE INCHES OR MORE AS DEFINED IN
 ANSI C79.1-2002;
   (VI) GENERAL SERVICE FLUORESCENT LAMPS;
   (VII) HIGH INTENSITY DISCHARGE LAMPS;
   (VIII) INFRARED LAMPS;
   (IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, AND JT SHAPE LAMPS THAT DO NOT
 HAVE EDISON SCREW BASES;
   (X) LAMPS THAT HAVE A WEDGE BASE OR PREFOCUS BASE;
   (XI) LEFT-HAND THREAD LAMPS;
   (XII) MARINE LAMPS;
   (XIII) MARINE SIGNAL SERVICE LAMPS;
   (XIV) MINE SERVICE LAMPS;
   (XV) MR SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL EQUAL  TO  SIXTEEN
 (DIAMETER EQUAL TO TWO INCHES) AS DEFINED IN ANSI C79.1-2002, OPERATE AT
 TWELVE VOLTS AND HAVE A LUMEN OUTPUT GREATER THAN OR EQUAL TO 800;
   (XVI) OTHER FLUORESCENT LAMPS;
   (XVII) PLANT LIGHT LAMPS;
   (XVIII) R20 SHORT LAMPS;
   (XIX)  REFLECTOR  LAMPS  THAT  HAVE  A  FIRST  NUMBER SYMBOL LESS THAN
 SIXTEEN (DIAMETER LESS THAN TWO INCHES) AS DEFINED  IN  ANSI  C79.1-2002
 AND  THAT  DO  NOT  HAVE  E26/E24,  E26D,  E26/50X39, E26/53X39, E29/28,
 E29/53X39, E39, E39D, EP39, OR EX39 BASES;
   (XX) S SHAPE OR G SHAPE LAMPS THAT HAVE A  FIRST  NUMBER  SYMBOL  LESS
 THAN  OR EQUAL TO 12.5 (DIAMETER LESS THAN OR EQUAL TO 1.5625 INCHES) AS
 DEFINED IN ANSI C79.1-2002;
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   (XXI) SIGN SERVICE LAMPS;
   (XXII) SILVER BOWL LAMPS;
   (XXIII) SHOWCASE LAMPS;
   (XXIV) SPECIALTY MR LAMPS;
   (XXV) T SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS THAN OR EQUAL
 TO  8  (DIAMETER  LESS  THAN  OR  EQUAL  TO ONE INCH) AS DEFINED IN ANSI
 C79.1-2002, NOMINAL OVERALL LENGTH LESS THAN TWELVE INCHES, AND THAT ARE
 NOT COMPACT FLUORESCENT LAMPS; AND
   (XXVI) TRAFFIC SIGNAL LAMPS.
   (D) "GENERAL SERVICE LIGHT-EMITTING DIODE (LED) LAMP" MEANS  AN  INTE-
 GRATED  OR  NON-INTEGRATED LED LAMP DESIGNED FOR USE IN GENERAL LIGHTING
 APPLICATIONS AND THAT USES LIGHT-EMITTING DIODES AS THE  PRIMARY  SOURCE
 OF LIGHT.
   (E) "GENERAL SERVICE ORGANIC LIGHT-EMITTING DIODE (OLED) LAMP" MEANS A
 THIN-FILM  LIGHT-EMITTING  DEVICE THAT TYPICALLY CONSISTS OF A SERIES OF
 ORGANIC LAYERS BETWEEN TWO ELECTRICAL CONTACTS (ELECTRODES).
   (F) "INCANDESCENT REFLECTOR LAMP" OR "REFLECTOR LAMP" MEANS  ANY  LAMP
 IN  WHICH  LIGHT IS PRODUCED BY A FILAMENT HEATED TO INCANDESCENCE BY AN
 ELECTRIC CURRENT, WHICH: CONTAINS AN INNER  REFLECTIVE  COATING  ON  THE
 OUTER  BULB  TO  DIRECT  THE  LIGHT; IS NOT COLORED; IS NOT DESIGNED FOR
 ROUGH OR VIBRATION SERVICE APPLICATIONS; IS NOT AN R20 SHORT  LAMP;  HAS
 AN R, PAR, ER, BR, BPAR, OR SIMILAR BULB SHAPES WITH AN E26 MEDIUM SCREW
 BASE;  HAS A RATED VOLTAGE OR VOLTAGE RANGE THAT LIES AT LEAST PARTIALLY
 IN THE RANGE OF ONE HUNDRED FIFTEEN AND ONE HUNDRED THIRTY VOLTS; HAS  A
 DIAMETER THAT EXCEEDS 2.25 INCHES; AND HAS A RATED WATTAGE THAT IS FORTY
 WATTS OR HIGHER.
   45.  "FEDERALLY  EXEMPT  FLUORESCENT  LAMP"  MEANS  ANY  LINEAR  LAMPS
 EXCLUDED FROM THE DEFINITION OF GENERAL SERVICE FLUORESCENT LAMPS IN  10
 CFR 430.32(N). FEDERALLY EXEMPT FLUORESCENT LAMPS INCLUDE HIGH-CRI LINE-
 AR  FLUORESCENT  LAMPS, IMPACT-RESISTANT LINEAR FLUORESCENT LAMPS, COLD-
 TEMPERATURE LINEAR FLUORESCENT LAMPS, AND  LESS  THAN  FOUR-FOOT  LINEAR
 FLUORESCENT LAMPS.
   46. THE FOLLOWING DEFINITIONS REFER TO PORTABLE AIR CONDITIONERS:
   (A)  "PORTABLE  AIR  CONDITIONER"  MEANS  A PORTABLE ENCASED ASSEMBLY,
 OTHER THAN A PACKAGED TERMINAL AIR CONDITIONER, ROOM AIR CONDITIONER, OR
 DEHUMIDIFIER, THAT DELIVERS  COOLED,  CONDITIONED  AIR  TO  AN  ENCLOSED
 SPACE,  AND  IS  POWERED BY SINGLE-PHASE ELECTRIC CURRENT. SUCH PORTABLE
 AIR CONDITIONER INCLUDES A SOURCE OF REFRIGERATION AND MAY INCLUDE ADDI-
 TIONAL MEANS FOR AIR CIRCULATION AND HEATING AND MAY BE A SINGLE-DUCT OR
 A DUAL-DUCT PORTABLE AIR CONDITIONER.
   (B) "SINGLE-DUCT PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
 TIONER THAT DRAWS ALL OF THE CONDENSER INLET AIR  FROM  THE  CONDITIONED
 SPACE  WITHOUT  THE  MEANS OF A DUCT AND DISCHARGES THE CONDENSER OUTLET
 AIR OUTSIDE THE CONDITIONED SPACE THROUGH A SINGLE-DUCT ATTACHED  TO  AN
 ADJUSTABLE WINDOW BRACKET.
   (C)  "DUAL-DUCT  PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
 TIONER THAT DRAWS SOME OR ALL OF THE CONDENSER INLET  AIR  FROM  OUTSIDE
 THE  CONDITIONED  SPACE  THROUGH A DUCT ATTACHED TO AN ADJUSTABLE WINDOW
 BRACKET, MAY DRAW ADDITIONAL CONDENSER INLET AIR  FROM  THE  CONDITIONED
 SPACE,  AND  DISCHARGES THE CONDENSER OUTLET AIR OUTSIDE THE CONDITIONED
 SPACE BY MEANS OF A SEPARATE  DUCT  ATTACHED  TO  AN  ADJUSTABLE  WINDOW
 BRACKET.
   46-A.  "RESIDENTIAL  VENTILATING  FAN" MEANS A FAN WITH THE PURPOSE TO
 ACTIVELY SUPPLY AIR TO OR REMOVE AIR FROM THE  INSIDE  OF  A  RESIDENCE.
 THIS  INCLUDES CEILING AND WALL-MOUNTED FANS OR REMOTELY MOUNTED IN-LINE
 FANS DESIGNED TO BE USED IN A BATHROOM  OR  UTILITY  ROOM,  SUPPLY  FANS
 S. 8008                            133                           A. 9008
 
 DESIGNED  TO PROVIDE AIR TO INDOOR SPACE AND KITCHEN RANGE HOODS. SUPPLY
 FANS MAY ALSO BE DESIGNED TO FILTER INCOMING AIR.
   47.  "TELEPHONE"  MEANS AN ELECTRONIC PRODUCT WHOSE PRIMARY PURPOSE IS
 TO TRANSMIT AND RECEIVE SOUND OVER A DISTANCE  USING  A  VOICE  OR  DATA
 NETWORK.
   48. THE FOLLOWING DEFINITIONS REFER TO FAUCETS AND SHOWERHEADS:
   (A) "FAUCET" MEANS A LAVATORY FAUCET, KITCHEN FAUCET, METERING FAUCET,
 PUBLIC  LAVATORY  FAUCET,  OR REPLACEMENT AERATOR FOR A LAVATORY, PUBLIC
 LAVATORY OR KITCHEN FAUCET.
   (B) "PUBLIC LAVATORY FAUCET" MEANS A FITTING INTENDED TO BE  INSTALLED
 IN NONRESIDENTIAL BATHROOMS THAT ARE EXPOSED TO WALK-IN TRAFFIC.
   (C) "METERING FAUCET" MEANS A FAUCET THAT, WHEN TURNED ON, WILL GRADU-
 ALLY SHUT ITSELF OFF OVER A PERIOD OF SEVERAL SECONDS.
   (D)  "REPLACEMENT  AERATOR"  MEANS  AN  AERATOR SOLD AS A REPLACEMENT,
 SEPARATE FROM THE FAUCET TO WHICH IT IS INTENDED TO BE ATTACHED.
   (E) "SHOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS DISCHARGED  FOR
 A SHOWER BATH AND INCLUDES A HAND-HELD SHOWERHEAD BUT DOES NOT INCLUDE A
 SAFETY SHOWER SHOWERHEAD.
   (F)  "HAND-HELD  SHOWERHEAD"  MEANS  A  SHOWERHEAD THAT CAN BE HELD OR
 FIXED IN PLACE FOR THE PURPOSE OF SPRAYING WATER ONTO A BATHER AND  THAT
 IS CONNECTED TO A FLEXIBLE HOSE.
   49. THE FOLLOWING DEFINITIONS REFER TO URINALS AND WATER CLOSETS:
   (A) "PLUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE, WHICH CONNECTS TO
 A PLUMBING SYSTEM TO DELIVER AND DRAIN AWAY WATER AND WASTE.
   (B)  "URINAL"  MEANS A PLUMBING FIXTURE THAT RECEIVES ONLY LIQUID BODY
 WASTE AND, CONVEYS THE WASTE THROUGH A TRAP INTO A DRAINAGE SYSTEM.
   (C) "WATER CLOSET" MEANS A PLUMBING FIXTURE HAVING A  WATER-CONTAINING
 RECEPTOR  THAT  RECEIVES  LIQUID AND SOLID BODY WASTE THROUGH AN EXPOSED
 INTEGRAL TRAP INTO A DRAINAGE SYSTEM.
   (D) "DUAL-FLUSH EFFECTIVE FLUSH VOLUME" MEANS THE AVERAGE FLUSH VOLUME
 OF TWO REDUCED FLUSHES AND ONE FULL FLUSH.
   (E) "DUAL-FLUSH WATER CLOSET" MEANS A  WATER  CLOSET  INCORPORATING  A
 FEATURE  THAT  ALLOWS  THE  USER TO FLUSH THE WATER CLOSET WITH EITHER A
 REDUCED OR A FULL VOLUME OF WATER.
   (F) "TROUGH-TYPE URINAL" MEANS A URINAL DESIGNED FOR SIMULTANEOUS  USE
 BY TWO OR MORE PERSONS.
   50. THE FOLLOWING DEFINITIONS REFER TO SPRAY SPRINKLER BODIES:
   (A)  "PRESSURE REGULATOR" MEANS A DEVICE THAT MAINTAINS CONSTANT OPER-
 ATING PRESSURE IMMEDIATELY DOWNSTREAM  FROM  THE  DEVICE,  GIVEN  HIGHER
 PRESSURE UPSTREAM.
   (B)  "SPRAY  SPRINKLER  BODY"  MEANS  THE  EXTERIOR CASE OR SHELL OF A
 SPRINKLER INCORPORATING A MEANS  OF  CONNECTION  TO  THE  PIPING  SYSTEM
 DESIGNED TO CONVEY WATER TO A NOZZLE OR ORIFICE.
   51."UNINTERRUPTABLE  POWER  SUPPLY" MEANS A BATTERY CHARGER CONSISTING
 OF A COMBINATION OF CONVERTORS,  SWITCHES  AND  ENERGY  STORAGE  DEVICES
 (SUCH  AS BATTERIES), CONSTITUTING A POWER SYSTEM FOR MAINTAINING CONTI-
 NUITY OF LOAD POWER IN CASE OF INPUT POWER FAILURE.
   52. "COMMERCIAL BATTERY CHARGER SYSTEM (BCS)" OR "STATE-REGULATED BCS"
 MEANS A BATTERY CHARGER COUPLED WITH ITS BATTERIES OR  BATTERY  CHARGERS
 COUPLED  WITH  THEIR BATTERIES, WHICH TOGETHER ARE REFERRED TO AS STATE-
 REGULATED BATTERY CHARGER SYSTEMS. THIS  TERM  COVERS  ALL  RECHARGEABLE
 BATTERIES  OR DEVICES INCORPORATING A RECHARGEABLE BATTERY AND THE CHAR-
 GERS USED WITH THEM.   BATTERY CHARGER  SYSTEMS  INCLUDE,  BUT  ARE  NOT
 LIMITED TO:
 S. 8008                            134                           A. 9008
 
   (A)  ELECTRONIC  DEVICES WITH A BATTERY THAT ARE NORMALLY CHARGED FROM
 AC LINE VOLTAGE OR DC INPUT VOLTAGE  THROUGH  AN  INTERNAL  OR  EXTERNAL
 POWER SUPPLY AND A DEDICATED BATTERY CHARGER;
   (B)  THE  BATTERY  AND  BATTERY CHARGER COMPONENTS OF DEVICES THAT ARE
 DESIGNED TO RUN ON BATTERY POWER DURING PART OR ALL OF THEIR OPERATIONS;
   (C) DEDICATED BATTERY SYSTEMS PRIMARILY  DESIGNED  FOR  ELECTRICAL  OR
 EMERGENCY BACKUP; AND
   (D)  DEVICES WHOSE PRIMARY FUNCTION IS TO CHARGE BATTERIES, ALONG WITH
 THE BATTERIES THEY ARE DESIGNED TO CHARGE. THESE UNITS INCLUDE  CHARGERS
 FOR  POWER TOOL BATTERIES AND CHARGERS FOR AUTOMOTIVE, AA, AAA, C, D, OR
 9V RECHARGEABLE BATTERIES, AS WELL AS CHARGERS  FOR  BATTERIES  USED  IN
 LARGER INDUSTRIAL MOTIVE EQUIPMENT AND A LA CARTE CHARGERS.
   THE  CHARGING  CIRCUITRY  OF BATTERY CHARGER SYSTEMS MAY OR MAY NOT BE
 LOCATED WITHIN THE HOUSING OF THE END-USE DEVICE ITSELF. IN MANY  CASES,
 THE  BATTERY  MAY BE CHARGED WITH A DEDICATED EXTERNAL CHARGER AND POWER
 SUPPLY COMBINATION THAT IS SEPARATE FROM THE DEVICE THAT RUNS  ON  POWER
 FROM THE BATTERY. STATE-REGULATED BATTERY CHARGER SYSTEMS DO NOT INCLUDE
 FEDERALLY REGULATED BATTERY CHARGERS THAT ARE COVERED UNDER STANDARDS IN
 10 C.F.R. SECTION 430.32(Z).
   53.  "GAS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR A HEATING GAS
 FIREPLACE.
   (A)  "DECORATIVE  GAS  FIREPLACE"  MEANS A VENTED FIREPLACE, INCLUDING
 APPLIANCES THAT ARE FREESTANDING, RECESSED, ZERO  CLEARANCE,  OR  A  GAS
 FIREPLACE  INSERT,  THAT  IS FUELED BY NATURAL GAS OR PROPANE, IS MARKED
 FOR DECORATIVE USE ONLY, AND  IS  NOT  EQUIPPED  WITH  A  THERMOSTAT  OR
 INTENDED FOR USE AS A HEATER.
   (B)    "HEATING  GAS  FIREPLACE"  MEANS  A VENTED FIREPLACE, INCLUDING
 APPLIANCES THAT ARE FREESTANDING, RECESSED, ZERO  CLEARANCE,  OR  A  GAS
 FIREPLACE  INSERT, THAT IS FUELED BY NATURAL GAS OR PROPANE AND IS NOT A
 DECORATIVE FIREPLACE
   54. "MANUFACTURED HOME" HAS THE  MEANING  ASCRIBED  TO  THAT  TERM  BY
 SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW.
   55.  "RECREATIONAL  VEHICLE"  MEANS  A VAN OR UTILITY VEHICLE USED FOR
 RECREATIONAL PURPOSES.
   56. "UNIFORM CODE" MEANS THE NEW YORK STATE  UNIFORM  FIRE  PREVENTION
 AND  BUILDING CODE ADOPTED PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE
 LAW.
   57. "ENERGY  CODE"  MEANS  THE  NEW  YORK  STATE  ENERGY  CONSERVATION
 CONSTRUCTION CODE ADOPTED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER.
   58.  "ELECTRIC  VEHICLE  SUPPLY EQUIPMENT (EVSE)" MEANS EQUIPMENT THAT
 SUPPLIES ELECTRICITY IN AN APPROPRIATE FORM TO STORAGE DEVICES,  INCLUD-
 ING  BATTERIES  AND  SUPER CAPACITATORS, THAT ARE PART OF ELECTRIC VEHI-
 CLES. SUCH TERM SHALL INCLUDE EQUIPMENT THAT PERFORMS THIS FUNCTION  AND
 EQUIPMENT THAT IS EMBEDDED IN ELECTRIC VEHICLES.
   59. "ELECTRIC VEHICLE" MEANS AN ON-ROAD VEHICLE THAT DRAWS ELECTRICITY
 FOR  PROPULSION FROM A TRACTION BATTERY WITH A LEAST FIVE KILOWATT-HOURS
 (KWH) OF CAPACITY, AND USES AN EXTERNAL SOURCE OF ENERGY TO RECHARGE THE
 BATTERY. SUCH TERM SHALL  INCLUDE  A  PLUG-IN  HYBRID  ELECTRIC  VEHICLE
 (PHEV)  WITH  A  SECOND  SOURCE  OF ENERGY FOR PROPULSION, AND A BATTERY
 ELECTRIC VEHICLE (BEV), WHICH IS POWERED SOLELY BY  EXTERNALLY  SUPPLIED
 ELECTRICITY STORED ON-BOARD SUCH ELECTRIC VEHICLE.
   60.  "COMMERCIAL  CLOTHES DRYER" MEANS A CLOTHES DRYER DESIGNED TO DRY
 FABRICS IN A  TUMBLE-TYPE  DRUM  WITH  FORCED  AIR  CIRCULATION  AND  IS
 DESIGNED FOR USE IN:
 S. 8008                            135                           A. 9008

   (A)  APPLICATIONS  IN  WHICH  THE OCCUPANTS OF MORE THAN ONE HOUSEHOLD
 WILL BE USING THE CLOTHES DRYER, INCLUDING MULTI-FAMILY  HOUSING  COMMON
 AREAS AND COIN LAUNDRIES; OR
   (B) OTHER COMMERCIAL APPLICATIONS.
   61. "COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS" MEANS A ROTARY-BLADED
 MACHINE  USED  TO  CONVERT  POWER  TO AIR POWER, WITH A BRAKE HORSEPOWER
 GREATER THAN OR EQUAL TO EITHER ONE KILOWATT OR ONE HORSEPOWER,  AND  AN
 AIR  HORSEPOWER  LESS  THAN  OR EQUAL TO ONE HUNDRED FIFTY, AND USED FOR
 COMMERCIAL AND INDUSTRIAL PURPOSES.
   62.  "IMAGING  EQUIPMENT"  MEANS  COPIERS,  PRINTERS,  SCANNERS,   FAX
 MACHINES, AND MULTIFUNCTION DEVICES USED BOTH IN HOMES AND BUSINESSES.
   63.  "LANDSCAPE  IRRIGATION  CONTROLLER"  MEANS  A  DEVICE INTENDED TO
 REMOTELY CONTROL VALVES TO OPERATE AN IRRIGATION SYSTEM FOR  LANDSCAPES,
 WHICH  MAY CONSIST OF GRASS, SHRUBS, TREES AND/OR OTHER VEGETATION. THIS
 TERM SHALL NOT INCLUDE DEVICES THAT ARE TYPICALLY  SOLD  SEPARATELY  AND
 USED  PRIMARILY FOR OTHER PURPOSES, SUCH AS A NETWORK ROUTER, AND MAY BE
 USED INCIDENTALLY FOR A LANDSCAPE IRRIGATION CONTROLLER. THIS TERM SHALL
 NOT INCLUDE BATTERY POWERED HOSE-END TIMERS OR DEVICES USED PRIMARILY IN
 AGRICULTURAL APPLICATIONS.
   64. "OUTDOOR LIGHTING" MEANS ELECTRICAL LIGHTING  USED  TO  ILLUMINATE
 OUTDOOR  AREAS,  INCLUDING PARKING LOTS, STREETLIGHTS, HIGHWAYS AND AREA
 LUMINAIRES.
   65. "PLUG-IN LUMINOUS SIGNS" MEANS  A  SELF-CONTAINED,  LUMINOUS  SIGN
 UNIT  THAT  PLUGS  INTO 120V AC BUILDING MAINS POWER AND IS INTENDED FOR
 INDOOR USE ONLY. SIGNS MAY BE INTENDED FOR USE IN COMMERCIAL OUTLETS  IN
 BUSINESS ESTABLISHMENTS OR IN RESIDENCES.
   66. "SMALL NETWORK EQUIPMENT" MEANS A DEVICE WHOSE PRIMARY FUNCTION IS
 TO  PASS INTERNET PROTOCOL (IP) TRAFFIC AMONG VARIOUS NETWORK INTERFACES
 OR PORTS INTENDED FOR USE IN RESIDENTIAL AND SMALL BUSINESS SETTINGS.
   67. "TUB SPOUT DIVERTERS" MEANS THE FOLLOWING DEFINITIONS:
   (A) A BATH AND SHOWER DIVERTER WHOSE DIVERTER MECHANISM IS LOCATED  IN
 THE TUB SPOUT; AND/OR
   (B) BATH AND SHOWER DIVERTER MEANS A DEVICE USED TO DIRECT THE FLOW OF
 WATER  EITHER  TOWARD  A TUB SPOUT OR TOWARD A SECONDARY OUTLET INTENDED
 FOR SHOWERING PURPOSES, INCLUDING A SHOWERHEAD OR BODY SPRAY.
   § 14. Section 16-104 of the energy law, as added by chapter 431 of the
 laws of 2005, subdivision 1 as amended by chapter 222  of  the  laws  of
 2010, is amended to read as follows:
   §  16-104.  Applicability,  conduct prohibited.   1. The provisions of
 this article apply to the ESTABLISHMENT OF, testing FOR COMPLIANCE WITH,
 certification OF COMPLIANCE WITH, and enforcement of  efficiency  stand-
 ards for the following new products which are sold, OR offered for sale,
 LEASED  OR OFFERED FOR LEASE, RENTED OR OFFERED FOR RENT or installed OR
 OFFERED TO INSTALL in New York state, UNLESS PREEMPTING  FEDERAL  APPLI-
 ANCE  STANDARDS  ARE  IN  EFFECT:  (a)  automatic  commercial  ice  cube
 machines; (b) ceiling fan light kits;  (c)  commercial  pre-rinse  spray
 valves;  (d)  commercial refrigerators, freezers and refrigerator-freez-
 ers; (e) consumer audio and video products AND TELEVISIONS; (f)  illumi-
 nated  exit  signs;  (g)  incandescent  reflector  lamps; (h) very large
 commercial packaged air-conditioning and heating  equipment;  (i)  metal
 halide  lamp  fixtures; (j) pedestrian traffic signal modules; (k) power
 supplies; (l) torchiere lighting fixtures; (m) unit heaters; (n) vehicu-
 lar traffic signal modules; (o) portable light fixtures; (p) bottle-type
 water dispensers; (q) commercial hot food holding cabinets; (r) portable
 electric spas; [and]  (s)  [residential]  REPLACEMENT  DEDICATED-PURPOSE
 pool  [pumps]  PUMP  MOTORS; (T) AIR COMPRESSORS; (U) AIR PURIFIERS; (V)
 S. 8008                            136                           A. 9008
 
 COMMERCIAL DISHWASHERS; (W)  COMMERCIAL  FRYERS;  (X)  COMMERCIAL  STEAM
 COOKERS; (Y) COMPUTERS AND COMPUTER MONITORS; (Z) GENERAL SERVICE LAMPS;
 (AA) FEDERALLY EXEMPT FLUORESCENT LAMPS; (BB) PORTABLE AIR CONDITIONERS;
 (CC)  RESIDENTIAL  VENTILATING FANS; (DD) TELEPHONES; (EE) FAUCETS; (FF)
 SHOWERHEADS; (GG) URINALS; (HH) WATER CLOSETS;  (II)  SPRINKLER  BODIES;
 (JJ)  UNINTERRUPTABLE  POWER  SUPPLIES; (KK) LIGHT EMITTING DIODE LAMPS;
 (LL) ELECTRIC VEHICLE SUPPLY EQUIPMENT; (MM) COMMERCIAL BATTERY  CHARGER
 SYSTEMS;  (NN)  COMMERCIAL  OVENS;  (OO) COMMERCIAL CLOTHES DRYERS; (PP)
 COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS; (QQ) IMAGING EQUIPMENT; (RR)
 LANDSCAPE IRRIGATION CONTROLLERS; (SS) OUTDOOR  LIGHTING;  (TT)  PLUG-IN
 LUMINOUS  SIGNS; (UU) SMALL NETWORK EQUIPMENT; (VV) TUB SPOUT DIVERTERS;
 (WW) COMMERCIAL HOT FOOD HOLDING CABINETS;  (XX)  GAS  FIREPLACES;  (YY)
 PRODUCTS  FOR  WHICH  EFFICIENCY  STANDARDS  SHALL HAVE BEEN ESTABLISHED
 PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF SECTION 16-106 OF
 THIS ARTICLE; AND (ZZ) PRODUCTS THAT ARE SUBJECT TO  ANY  FEDERAL  EFFI-
 CIENCY STANDARD REFERRED TO IN SECTION 16-105 OF THIS ARTICLE THAT SHALL
 HAVE BEEN ADOPTED IN THIS STATE PURSUANT TO SUCH SECTION 16-105.
   2. No person shall sell[,] OR offer for sale, LEASE OR OFFER TO LEASE,
 OR  RENT  OR  OFFER  TO RENT, or install OR OFFER TO INSTALL in New York
 state any new product of the types enumerated in PARAGRAPHS (A)  THROUGH
 (XX)  OF  subdivision one of this section, or any [of the] new [products
 identified] PRODUCT FOR  WHICH  EFFICIENCY  STANDARDS  SHALL  HAVE  BEEN
 ESTABLISHED  pursuant  to PARAGRAPH (B) OR (C) OF subdivision [four] ONE
 of section 16-106 of this article, [unless: (a) the product meets  mini-
 mum  energy  performance standards adopted pursuant to this article upon
 the effective date of such standards; and, if  required  by  regulations
 promulgated] OR ANY NEW PRODUCT THAT IS SUBJECT TO ANY FEDERAL EFFICIEN-
 CY  STANDARD  THAT  SHALL  HAVE  BEEN  ADOPTED IN THIS STATE pursuant to
 [this] section[, (b) the manufacturer of such product certifies that the
 product meets said minimum energy performance standards.] 16-105 OF THIS
 ARTICLE, UNLESS:
   (A) THE PRODUCT MEETS THE  EFFICIENCY  STANDARDS  APPLICABLE  TO  SUCH
 PRODUCT  AS  OF  THE  DATE  OF MANUFACTURE OF SUCH PRODUCT OR AS OF SUCH
 OTHER DATE AS MAY BE DETERMINED IN ACCORDANCE WITH THE REGULATION ESTAB-
 LISHING THE STANDARD FOR SUCH PRODUCT; AND
   (B) IF REQUIRED BY REGULATIONS ADOPTED PURSUANT TO THIS  ARTICLE,  THE
 MANUFACTURER OF SUCH PRODUCT CERTIFIES THAT THE PRODUCT MEETS SAID EFFI-
 CIENCY  STANDARDS. AS USED WITHIN THIS SUBDIVISION, REFERENCE TO ANY NEW
 PRODUCT MEANS ANY INDIVIDUAL PRODUCT SUBJECT TO THE REQUIREMENTS OF THIS
 ARTICLE.
   3. The prohibitions contained in [subdivisions  one  and]  SUBDIVISION
 two of this section shall not apply to:
   (a) products manufactured in the state and sold outside the state;
   (b)  products  manufactured  outside  the  state and sold at wholesale
 inside the state for final retail sale outside the state;
   (c) products installed in [mobile] manufactured homes at the  time  of
 construction; [or]
   (d)  products  designed  expressly  for installation and use in recre-
 ational vehicles[.]; OR
   (E) URINALS AND WATER CLOSETS DESIGNED AND  MARKETED  EXCLUSIVELY  FOR
 USE AT PRISONS OR MENTAL HEALTH CARE FACILITIES.
   § 15. The energy law is amended by adding a new section 16-105 to read
 as follows:
   §  16-105.  ADOPTION  OF  CERTAIN FEDERAL EFFICIENCY STANDARDS. 1. THE
 FEDERAL EFFICIENCY STANDARD ESTABLISHED IN 10CFR PARTS 430 AND  431,  AS
 IN EFFECT ON JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE APPLICABLE TO
 S. 8008                            137                           A. 9008
 
 PRODUCTS  WHICH  ARE  SUBJECT  TO  SUCH FEDERAL EFFICIENCY STANDARDS AND
 WHICH ARE SOLD, OFFERED FOR SALE, OR INSTALLED IN  NEW  YORK  STATE.  SO
 LONG  AS  SUCH  FEDERAL EFFICIENCY STANDARDS REMAIN IN EFFECT AS FEDERAL
 EFFICIENCY STANDARDS, THEY SHALL BE ENFORCED AS PROVIDED BY FEDERAL LAW.
   2.  IF  ANY FEDERAL EFFICIENCY STANDARD REFERRED TO IN SUBDIVISION ONE
 OF THIS SECTION IS WITHDRAWN, REPEALED, VOIDED, OR OTHERWISE  CEASES  TO
 REMAIN IN EFFECT AS A FEDERAL EFFICIENCY STANDARD:
   (A)  SUCH  EFFICIENCY STANDARD SHALL BE DEEMED TO BE CONTINUED IN THIS
 STATE AND SHALL BE DEEMED TO BE AN EFFICIENCY STANDARD ADOPTED  PURSUANT
 TO THIS ARTICLE;
   (B)  THE PRESIDENT SHALL FILE WITH THE SECRETARY A WRITTEN DESCRIPTION
 OF SUCH EFFICIENCY STANDARD, THE TERMS AND CONDITIONS OF SUCH EFFICIENCY
 STANDARD, AND THE PRODUCT OR PRODUCTS THAT ARE SUBJECT TO SUCH EFFICIEN-
 CY STANDARD, SUCH DESCRIPTION TO BE IN  A  FORMAT  CONSISTENT  WITH  THE
 REGULATIONS  ADOPTED  PURSUANT TO THIS ARTICLE AND IN FORM ACCEPTABLE TO
 THE SECRETARY, TOGETHER WITH A CERTIFICATE, IN FORM  ACCEPTABLE  TO  THE
 SECRETARY,  SIGNED  AND  DATED BY THE PRESIDENT AND CERTIFYING THAT SUCH
 EFFICIENCY STANDARD IS NO LONGER IN EFFECT AS A FEDERAL EFFICIENCY STAN-
 DARD, THAT SUCH EFFICIENCY STANDARD CONTINUES IN EFFECT  IN  THIS  STATE
 PURSUANT  TO  THIS SECTION, AND THAT SUCH EFFICIENCY STANDARD IS ADOPTED
 PURSUANT TO THIS SECTION;
   (C) THE SECRETARY SHALL CAUSE SUCH  WRITTEN  DESCRIPTION  AND  CERTIF-
 ICATION TO BE PUBLISHED IN THE STATE REGISTER, AND SHALL CAUSE THE OFFI-
 CIAL  COMPILATION  OF  CODES,  RULES AND REGULATIONS OF THE STATE OF NEW
 YORK TO INCLUDE SUCH WRITTEN DESCRIPTION;
   (D) THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS  ESTABLISH-
 ING  PROCEDURES  FOR  TESTING  THE ENERGY REDUCTION, WATER CONSERVATION,
 GREENHOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED
 WITH SUCH PRODUCT.  IN ADOPTING THE FLEXIBLE DEMAND APPLIANCE STANDARDS,
 THE NEW YORK STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  SHALL
 CONSIDER  THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY'S RELIABIL-
 ITY AND CYBERSECURITY PROTOCOLS, RELEVANT NEW YORK  CYBERSECURITY  LAWS,
 REGULATIONS,  AND  ADVISORIES, OR OTHER CYBERSECURITY PROTOCOLS THAT ARE
 EQUALLY OR MORE PROTECTIVE, AND SHALL ADOPT, AT  A  MINIMUM,  THE  NORTH
 AMERICAN  ELECTRIC  RELIABILITY  CORPORATION'S  CRITICAL  INFRASTRUCTURE
 PROTECTION STANDARDS;
   (E) THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS  ESTABLISH-
 ING  PROCEDURES  FOR  MANUFACTURERS OF SUCH PRODUCT TO CERTIFY THAT SUCH
 PRODUCT MEETS SUCH EFFICIENCY STANDARD, IF THE PRESIDENT DETERMINES THAT
 SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED; AND
   (F) THE PRESIDENT SHALL BE AUTHORIZED TO  ADOPT  REGULATIONS  AMENDING
 SUCH  EFFICIENCY  STANDARD FROM TIME TO TIME, INCLUDING REGULATIONS THAT
 REPEAL SUCH EFFICIENCY STANDARD OR INCREASE THE STRINGENCY OF SUCH EFFI-
 CIENCY STANDARD.
   3. THE ACTIONS TO BE TAKEN PURSUANT  TO  PARAGRAPHS  (B)  AND  (C)  OF
 SUBDIVISION  TWO  OF  THIS  SECTION TO CONFIRM THAT A FEDERAL EFFICIENCY
 STANDARD THAT SHALL HAVE  BEEN  WITHDRAWN,  REPEALED,  VOIDED,  OR  THAT
 OTHERWISE  SHALL HAVE CEASED TO REMAIN IN EFFECT AS A FEDERAL EFFICIENCY
 STANDARD, CONTINUES TO BE APPLICABLE  IN  THIS  STATE,  AND  IS  ADOPTED
 PURSUANT  TO  THIS  SECTION,  SHALL BE EXEMPT FROM THE PROVISIONS OF THE
 STATE ADMINISTRATIVE PROCEDURE ACT, AND THE CERTIFICATION  TO  BE  FILED
 PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION TWO OF THIS SECTION SHALL SO
 STATE.
   4. THIS SECTION SHALL NOT APPLY TO ANY FEDERAL EFFICIENCY STANDARD SET
 ASIDE BY A COURT UPON THE PETITION OF A PERSON  WHO  WILL  BE  ADVERSELY
 AFFECTED, AS PROVIDED IN 42 U.S.C. § 6306(B).
 S. 8008                            138                           A. 9008
 
   § 16. Section 16-106 of the energy law, as added by chapter 431 of the
 laws  of 2005, paragraph (c) of subdivision 2 as added by chapter 222 of
 the laws of 2010 and subdivision 4 as amended by chapter 69 of the  laws
 of 2020, is amended to read as follows:
   §  16-106. [Administration of article] POWERS AND DUTIES OF THE PRESI-
 DENT AND THE SECRETARY. 1. The [secretary,  in  consultation  with  the]
 president[,]  IN CONSULTATION WITH THE SECRETARY shall have and be enti-
 tled to exercise the following powers and duties:
   (a) To [establish energy] ADOPT  REGULATIONS  ESTABLISHING  efficiency
 [performance]  standards  for  the  products  listed  in  PARAGRAPHS (A)
 THROUGH (XX) OF subdivision one  of  section  16-104  of  this  article,
 including but not limited to, establishing [energy] efficiency [perform-
 ance]  standards  for power supplies in the active mode and no-load mode
 or other such products while in the active mode and in the  standby-pas-
 sive-mode[.
   (b)  To promulgate regulations to achieve the purposes of this article
 provided however that no energy efficiency  performance  standard  shall
 become  effective  for a product less than one hundred eighty days after
 it shall become final,  provided,  however,  that  no  standard  adopted
 pursuant  to  this  article  shall  go into effect if federal government
 energy efficiency performance standards regarding such  product  preempt
 state  standards  unless  preemption has been waived pursuant to federal
 law;
   (c) To administer and enforce the provisions of this article  and  any
 rule or regulation promulgated thereunder or order issued pursuant ther-
 eto;
   (d)  To order, pursuant to section 16-104 of this article, the immedi-
 ate cessation of any distribution, sale or offer  for  sale,  import  or
 installation  of  any  product  for which the secretary, in consultation
 with the president, determines that the certification  of  such  product
 listed in subdivision one of section 16-104 of this article was achieved
 in violation of section 16-108 of this article];
   (B)   TO  ADOPT  REGULATIONS  ESTABLISHING  EFFICIENCY  STANDARDS  FOR
 PRODUCTS OTHER THAN MOTOR VEHICLES NOT SPECIFICALLY LISTED IN PARAGRAPHS
 (A) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF  THIS  ARTICLE,
 PROVIDED THAT THE PRESIDENT DETERMINES THAT ESTABLISHING SUCH EFFICIENCY
 STANDARDS  WOULD  SERVE TO PROMOTE ENERGY REDUCTION, WATER CONSERVATION,
 GREENHOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED
 WITH THE REGULATED PRODUCT CATEGORIES  IN  THIS  STATE.  ANY  REGULATION
 ADOPTED  PURSUANT  TO THIS PARAGRAPH MAY INCLUDE PROVISIONS ESTABLISHING
 PROCEDURES FOR TESTING  THE  EFFICIENCY  OF  THE  COVERED  PRODUCTS  AND
 PROVISIONS  ESTABLISHING PROCEDURES FOR MANUFACTURERS OF SUCH PRODUCT TO
 CERTIFY THAT SUCH PRODUCTS MEET THE EFFICIENCY STANDARDS, IF THE  PRESI-
 DENT  DETERMINES  THAT  SUCH  MANUFACTURER'S  CERTIFICATIONS  SHOULD  BE
 REQUIRED;
   (C) TO REVIEW EFFICIENCY STANDARDS AS ADOPTED FROM  TIME  TO  TIME  BY
 OTHER  STATES FOR PRODUCTS OTHER THAN MOTOR VEHICLES NOT LISTED IN PARA-
 GRAPHS (A) THROUGH (XX) OF SUBDIVISION ONE OF  SECTION  16-104  OF  THIS
 ARTICLE,  AND  TO  ADOPT  REGULATIONS  ESTABLISHING EFFICIENCY STANDARDS
 SIMILAR TO THOSE ADOPTED BY ANY OTHER STATE FOR SUCH PRODUCTS,  PROVIDED
 THAT  THE  PRESIDENT DETERMINES THAT ESTABLISHING SUCH EFFICIENCY STAND-
 ARDS WOULD SERVE TO PROMOTE ENERGY REDUCTION, WATER CONSERVATION, GREEN-
 HOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH
 THE REGULATED PRODUCT CATEGORIES IN THIS STATE. ANY  REGULATION  ADOPTED
 PURSUANT  TO  THIS  PARAGRAPH MAY INCLUDE PROVISIONS ESTABLISHING PROCE-
 DURES FOR TESTING THE EFFICIENCY OF THE COVERED PRODUCTS AND  PROVISIONS
 S. 8008                            139                           A. 9008
 
 ESTABLISHING  PROCEDURES  FOR  MANUFACTURERS  OF SUCH PRODUCT TO CERTIFY
 THAT SUCH PRODUCTS MEET  THE  EFFICIENCY  STANDARDS,  IF  THE  PRESIDENT
 DETERMINES THAT SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
   (D)  TO  ADOPT  REGULATIONS  TO  ACHIEVE  THE PURPOSES OF THIS ARTICLE
 THROUGH AN OPEN AND TRANSPARENT PROCESS TO PROVIDE  MEANINGFUL  OPPORTU-
 NITIES    FOR    PUBLIC COMMENT FROM ALL SEGMENTS OF THE POPULATION THAT
 WILL BE IMPACTED  BY  THE  PROMULGATED  CODES,  RULES,  OR  REGULATIONS,
 INCLUDING   PERSONS LIVING IN DISADVANTAGED COMMUNITIES AS IDENTIFIED BY
 THE CLIMATE JUSTICE WORKING GROUP ESTABLISHED IN SECTION 75-0111 OF  THE
 ENVIRONMENTAL CONSERVATION LAW;
   (e)  To  conduct investigations, test, and obtain data with respect to
 research experiments and demonstrations, and to collect and  disseminate
 information regarding the purposes to be achieved pursuant to this arti-
 cle;
   (f)  To  accept  grants  or  funds  for purposes of administration AND
 ENFORCEMENT of this article. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
 TO  THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ACCEPT GRANTS OR
 FUNDS,  INCLUDING  FUNDS  DIRECTED  THROUGH  NEGOTIATED  SETTLEMENTS  OR
 CONSENT  ORDERS PURSUANT TO THIS ARTICLE, AND IS AUTHORIZED TO ESTABLISH
 THE APPLIANCE STANDARDS ADMINISTRATION ACCOUNT TO BE ADMINISTERED BY THE
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  IN  CONSULTA-
 TION  WITH  THE SECRETARY, AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE
 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE. ALL FUNDS  ACCEPTED
 BY  THE PRESIDENT FOR THE PURPOSES OF THIS ARTICLE SHALL BE DEPOSITED IN
 THE EFFICIENCY STANDARDS ADMINISTRATION ACCOUNT ESTABLISHED BY  THE  NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAINTAINED IN A
 SEGREGATED  ACCOUNT  IN  THE CUSTODY OF THE COMMISSIONER OF TAXATION AND
 FINANCE. ALL EXPENDITURES FROM THE EFFICIENCY  STANDARDS  ADMINISTRATION
 ACCOUNT  PURSUANT  TO  THIS  ARTICLE SHALL BE MADE BY THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO CARRY OUT STUDIES, INVESTI-
 GATIONS, RESEARCH, EXPENSES TO PROVIDE FOR EXPERT  WITNESS,  CONSULTANT,
 ENFORCEMENT,  ADMINISTRATIVE  AND LEGAL FEES, INCLUDING DISBURSEMENTS TO
 THE DEPARTMENT OF STATE TO SUPPORT ENFORCEMENT ACTIVITIES AUTHORIZED  BY
 THE  SECRETARY  PURSUANT  TO  THIS  SECTION,  AND OTHER RELATED EXPENSES
 PURSUANT TO THIS ARTICLE. ALL DEPOSITS MADE TO THE EFFICIENCY  STANDARDS
 ADMINISTRATION  ACCOUNT  MADE  BY THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY, ALL FUNDS MAINTAINED IN THE EFFICIENCY  STANDARDS
 ADMINISTRATION  ACCOUNT,  AND  DISBURSEMENTS THEREFROM, MADE PURSUANT TO
 THIS ARTICLE SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART  OF
 SUCH  AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY SHALL
 PREPARE AN ANNUAL REPORT SUMMARIZING EFFICIENCY STANDARDS ADMINISTRATION
 ACCOUNT BALANCE AND ACTIVITIES FOR EACH FISCAL YEAR ENDING  MARCH  THIR-
 TY-FIRST  AND  PROVIDE SUCH REPORT TO THE SECRETARY NO LATER THAN NINETY
 DAYS AFTER COMMENCEMENT OF SUCH FISCAL YEAR;
   (g) [To  impose  a  fine  and/or  impose  injunctive  relief  for  any
 violation of this article after notice and an opportunity to be heard;
   (h) The secretary and the president shall consult with the appropriate
 federal  agencies, including, but not limited to, the federal department
 of energy, industry and other potentially affected parties  in  carrying
 out  the  provisions  of  this  article] TO CONSULT WITH THE APPROPRIATE
 FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL  DEPARTMENT
 OF  ENERGY,  THE  FEDERAL  DEPARTMENT  OF INDUSTRY AND OTHER POTENTIALLY
 AFFECTED PARTIES IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE; AND
   (H) TO CONDUCT INVESTIGATIONS, IN CONSULTATION WITH THE SECRETARY,  TO
 DETERMINE  IF  PRODUCTS  COVERED  BY  STANDARDS ADOPTED PURSUANT TO THIS
 ARTICLE COMPLY WITH SUCH STANDARDS; TO CONDUCT  TESTS  TO  DETERMINE  IF
 S. 8008                            140                           A. 9008
 
 PRODUCTS  COVERED  BY  STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
 WITH SUCH STANDARDS; TO PREPARE WRITTEN REPORTS OF THE RESULTS  OF  SUCH
 INVESTIGATIONS  AND  TESTS; TO PROVIDE SUCH REPORTS TO THE SECRETARY; IN
 CONSULTATION WITH THE SECRETARY, TO NEGOTIATE SETTLEMENT AGREEMENTS WITH
 ANY  PERSON  THAT  VIOLATES THE PROVISIONS OF SUBDIVISION TWO OF SECTION
 16-104 OF THIS ARTICLE, OR FAILS TO PERFORM ANY  DUTY  IMPOSED  BY  THIS
 ARTICLE,  OR  VIOLATES  OR  FAILS  TO  COMPLY WITH ANY RULE, REGULATION,
 DETERMINATION, OR ORDER ADOPTED, MADE, OR ISSUED BY THE PRESIDENT OR THE
 SECRETARY PURSUANT TO THIS ARTICLE, PURSUANT TO WHICH SUCH PERSON  SHALL
 AGREE  TO  CEASE  SUCH VIOLATION AND TO PAY SUCH CIVIL PENALTY AS MAY BE
 SPECIFIED IN SUCH AGREEMENT, THE TERMS OF  WHICH  WILL  BE  INCORPORATED
 INTO  A  CONSENT  ORDER  SIGNED  BY  SUCH PERSON, THE PRESIDENT, AND THE
 SECRETARY; TO CONSULT WITH THE SECRETARY  IN  CONNECTION  WITH  DETERMI-
 NATIONS  MADE  BY THE SECRETARY PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 FIVE OF THIS SECTION; AND TO COOPERATE WITH THE SECRETARY IN ENFORCEMENT
 PROCEEDINGS CONDUCTED BY THE SECRETARY PURSUANT TO THIS ARTICLE.
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NO EFFICIEN-
 CY STANDARD ADOPTED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BECOME EFFECTIVE LESS THAN ONE HUNDRED EIGHTY  DAYS  AFTER
 PUBLICATION  OF  THE  NOTICE  OF  ADOPTION OF SUCH STANDARD IN THE STATE
 REGISTER; NO EFFICIENCY STANDARD ADOPTED PURSUANT TO  PARAGRAPH  (B)  OR
 (C)  OF SUBDIVISION ONE OF THIS SECTION SHALL BECOME EFFECTIVE LESS THAN
 ONE YEAR AFTER PUBLICATION OF THE NOTICE OF ADOPTION OF SUCH  EFFICIENCY
 STANDARD  IN THE STATE REGISTER; NO AMENDMENT OF ANY EFFICIENCY STANDARD
 ADOPTED PURSUANT TO THIS ARTICLE OR OF ANY EFFICIENCY STANDARD CONTINUED
 IN THIS STATE PURSUANT TO SECTION 16-105 OF THIS  ARTICLE  SHALL  BECOME
 EFFECTIVE  LESS  THAN  ONE  HUNDRED EIGHTY DAYS AFTER PUBLICATION OF THE
 NOTICE OF ADOPTION OF SUCH AMENDMENT IN THE STATE REGISTER; AND  NO  NEW
 OR  AMENDED  EFFICIENCY STANDARD, OR WATER CONSERVATION STANDARD ADOPTED
 PURSUANT TO THIS ARTICLE SHALL GO  INTO  EFFECT  IF  FEDERAL  GOVERNMENT
 EFFICIENCY  STANDARDS  REGARDING  SUCH  PRODUCT  PREEMPT STATE STANDARDS
 UNLESS PREEMPTION HAS BEEN WAIVED PURSUANT TO FEDERAL LAW.
   2. (a) On or before [June thirtieth] JANUARY FIRST, two thousand [six]
 TWENTY-THREE, the [secretary, in consultation with  the]  president,  IN
 CONSULTATION  WITH  THE SECRETARY, shall adopt regulations in accordance
 with the provisions of this article establishing:
   (i) [energy] efficiency [performance] standards for  new  products  of
 the  types  [set  forth] REFERRED TO in paragraphs (a) through [(n)] (F)
 AND PARAGRAPHS (H) THROUGH (Y), PARAGRAPHS (AA) THROUGH (JJ)  AND  PARA-
 GRAPHS  (MM)  THROUGH  (XX) of subdivision one of section 16-104 of this
 article[, with the exception of such paragraph (g) (incandescent reflec-
 tor lamps)];
   (ii) procedures  for  testing  the  [energy]  efficiency  of  the  NEW
 products [covered by] OF THE TYPES REFERRED TO IN paragraphs (a) through
 [(n)]  (F) AND PARAGRAPHS (H) THROUGH (XX) of subdivision one of section
 16-104 of this article;
   (iii) procedures  for  manufacturers  to  certify  that  NEW  products
 [covered  under]  OF THE TYPES REFERRED TO IN PARAGRAPHS (A) THROUGH (F)
 AND PARAGRAPHS (H) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104  OF
 this  article  meet the [energy] efficiency standards to be [promulgated
 under this article] ADOPTED PURSUANT TO THIS ARTICLE, IF  THE  PRESIDENT
 DETERMINES  THAT  SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
 and
   (iv) such further matters as are necessary to insure the proper imple-
 mentation and enforcement of the provisions of this article.
 S. 8008                            141                           A. 9008
 
   (B) With respect to [incandescent reflector lamps, included] THE TYPES
 OF PRODUCTS REFERRED TO in [paragraph] PARAGRAPHS (g), (Z)  OR  (KK)  of
 subdivision  one of section 16-104 of this article (INCANDESCENT REFLEC-
 TOR LAMPS, GENERAL SERVICE LAMPS, AND LIGHT EMITTING DIODE  LAMPS),  the
 [secretary, in consultation with the] president[,] shall conduct a study
 BY  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-TWO to determine whether
 an  [energy]  efficiency  [performance]  standard  for  such   [product]
 PRODUCTS  should  be  established, taking into account factors including
 the potential impact on  electricity  usage,  product  availability  and
 consumer and environmental benefits. If [it is determined] THE PRESIDENT
 DETERMINES  based on this study that such a standard would reduce energy
 use and would not be preempted by the federal law,  the  [secretary,  in
 consultation  with  the] president[,] shall adopt regulations in accord-
 ance with the provisions of this article establishing  [energy  perform-
 ance] EFFICIENCY standards for such [product on or before January first,
 two thousand eight] PRODUCTS.
   [(b)  With  respect  to  the  products defined in subdivision seven of
 section 16-102 of this article (very large commercial package air condi-
 tioning and heating equipment), subdivision nine of  section  16-102  of
 this article (commercial refrigerators, freezers and refrigerator-freez-
 ers),  subdivision twenty-three of section 16-102 of this article (metal
 halide lamp fixtures) and subdivision three of section  16-102  of  this
 article  (  automatic  commercial  ice-cube makers), the secretary shall
 issue regulations pursuant to paragraph a of this subdivision establish-
 ing energy efficiency performance standards for  such  products  at  the
 following levels and with the following compliance dates:
   (i)  very large commercial package air conditioning and heating equip-
 ment. Each very large commercial package air  conditioning  and  heating
 equipment  sold,  offered  for sale or installed in New York state on or
 after January first, two thousand ten shall, when  tested  according  to
 the test standard specified in Air-Conditioning and Refrigeration Insti-
 tute standard 340/360-2004, meet the following standards:
   (A)  The  minimum  energy  efficiency  ratio of air-cooled central air
 conditioners at or above two hundred forty thousand BTU per hour  (cool-
 ing  capacity)  and  less than seven hundred sixty thousand BTU per hour
 (cooling capacity) shall be
   (I) 10.0 for equipment with no heating or electric resistance  heating
 and;
   (II)  9.8  for  equipment with all other heating system types that are
 integrated into the equipment  (at  a  standard  rating  of  ninety-five
 degrees Fahrenheit dB).
   (B)  the  minimum  energy  efficiency  ratio of air-cooled central air
 conditioner heat pumps at or above two hundred forty  thousand  BTU  per
 hour  (cooling  capacity) and less than seven hundred sixty thousand BTU
 per hour (cooling capacity) shall be
   (I) 9.5 for equipment with no heating or electric resistance  heating;
 and
   (II)  9.3  for  equipment with all other heating system types that are
 integrated into the equipment  (at  a  standard  rating  of  ninety-five
 degrees Fahrenheit dB).
   (C)  the  minimum  coefficient  of  performance in the heating mode of
 air-cooled central air conditioning heat pumps at or above  two  hundred
 forty  thousand  BTU  per  hour  (cooling  capacity) and less than seven
 hundred sixty thousand BTU per hour (cooling capacity) shall be 3.2  (at
 a high temperature rating of forty-seven degrees Fahrenheit dB);
 S. 8008                            142                           A. 9008

   (ii)  commercial  refrigerators  and  freezers.    (A) Each commercial
 refrigerator, freezer, and refrigerator-freezer  with  a  self-contained
 condensing  unit  designed  for  holding  temperature applications sold,
 offered for sale or installed in New York  state  on  or  after  January
 first,  two thousand ten shall have a daily energy consumption (in kilo-
 watt hours per day) not to exceed:
   (I) refrigerators with solid doors 0.10 V + 2.04
   (II) refrigerators with transparent doors 0.12 V + 3.34
   (III) freezers with solid doors 0.40 V + 1.38
   (IV) freezers with transparent doors 0.75 V + 4.10
   (V)  refrigerators/freezers  with  solid   doors   the   greater   of:
 0.27AV-0.71 or 0.70.
   (B) Each commercial refrigerator with a self-contained condensing unit
 designed  for  pull-down temperature applications sold, offered for sale
 or installed in New York state on or after January first,  two  thousand
 ten  shall  have  a daily energy consumption (in kilowatt hours per day)
 not to exceed: refrigerators with transparent doors 0.126 V + 3.51.
   (iii) metal halide lamp fixtures. Each metal halide lamp fixture  that
 is  sold,  offered  for  sale or installed in New York state on or after
 January first, two thousand eight and that operates a lamp in a vertical
 position (including fixtures that operate lamps  rated  for  use  within
 fifteen  degrees  of  vertical)  and  that is capable of operating lamps
 rated equal to or greater than one hundred fifty Watts and less than  or
 equal to five hundred Watts shall not contain a probe start metal-halide
 ballast.
   (iv)  automatic  commercial  ice-cube maker. Each automatic commercial
 ice-cube maker, that produces  cube-type  ice  with  capacities  between
 fifty  and  two thousand five hundred pounds per twenty-four hour period
 sold, offered for sale or installed in New York state on or after  Janu-
 ary  first, two thousand ten, when tested according to the test standard
 specified in air-conditioning and refrigeration institute standard  810-
 2003,  as  in effect on January first, two thousand five, shall meet the
 following standard levels:
   (A) H means the harvest rate in  pounds  per  twenty-four  hours.  For
 water-cooled equipment, water use is for the condenser only and does not
 include potable water used to make ice.
   (B)  For  ice making head water-cooled equipment the maximum condenser
 water use in gal/one hundred pounds of ice shall be 200-0.022H  and  the
 maximum energy use with a harvest rate of:
   (I) < 500 shall be   7.8-0.0055H;
   (II) 500 and < 1,436 shall be 5.58-0.0044H
   (III) 1,436 and < 2,500 shall be 4.0
   (C)  For  ice  making head air-cooled equipment the maximum energy use
 with a harvest rate of:
   (I) < 450 shall be   10.26-0.0086H;
   (II) 450 and < 2,500 shall be 6.89-0.0011H
   (D) For remote condensing but not remote compressor air-cooled  equip-
 ment the maximum energy use with a harvest rate of:
   (I) < 1,000 shall be  8.85 - 0.0038H;
   (II) 1,000 and < 2,500 shall be 5.10
   (E)  For  remote condensing and remote compressor air-cooled equipment
 the maximum energy use with a harvest rate of:
   (I) < 934 lbs shall be   8.85 - 0.0038H;
   (II) 934 and < 2,500 shall be 5.3
 S. 8008                            143                           A. 9008

   (F) For self-contained water-cooled equipment  the  maximum  condenser
 water  use  in gal/100 lbs of Ice shall be 191 - 0.0315H and the maximum
 energy use with a harvest rate of:
   (I) < 200 shall be   11.4 - 0.019H;
   (II) 200 and < 2,500 shall be 7.6
   (G)  For  self-contained  air-cooled  equipment the maximum energy use
 with a harvest rate of:
   (I) < 175 shall be   18.0 - 0.0469H
   (II) 175 and < 2,500 shall be 9.8
   (c) On or before December thirty-first, two thousand ten,  the  secre-
 tary,  in  consultation  with  the president, shall adopt regulations in
 accordance with the provisions of this article establishing: (i)  energy
 efficiency performance standards for new products of the types set forth
 in  paragraphs  (o)  through (s) of subdivision one of section 16-104 of
 this article; (ii) procedures for testing the energy efficiency  of  the
 products  covered  by  paragraphs  (o) through (s) of subdivision one of
 section 16-104 of this article; (iii) procedures  for  manufacturers  to
 certify  that products covered by paragraphs (o) through (s) of subdivi-
 sion one of section 16-104 of this article meet  the  energy  efficiency
 standards  promulgated under this article; and (iv) such further matters
 as are necessary to insure the proper implementation and enforcement  of
 the  provisions  of this article with respect to the products covered by
 paragraphs (o) through (s) of subdivision one of section 16-104 of  this
 article.]
   3. Subsequent to adopting regulations pursuant to subdivisions one and
 two  of  this  section, the [secretary, in consultation with the] presi-
 dent, IN CONSULTATION WITH THE SECRETARY, may  amend  such  regulations,
 including increasing the stringency of the [energy] efficiency [perform-
 ance] standards[, provided however that no energy efficiency performance
 standard  shall  become  effective  for  a product less than one hundred
 eighty days after it shall become final].
   4. By March fifteenth of two thousand twenty-one,  the  secretary  and
 the president shall produce a report to the governor, the speaker of the
 assembly, the temporary president of the senate, the chair of the assem-
 bly  committee on energy and the chair of the senate committee on energy
 and telecommunications on the status of regulations establishing  [ener-
 gy]  efficiency  [performance] standards pursuant to this article, which
 shall indicate for each product enumerated in subdivision one of section
 16-104 of this article the status of the implementation of [performance]
 EFFICIENCY standards. The report shall  also  set  forth  the  estimated
 potential  annual  reductions  in  energy use and potential utility bill
 savings resulting from adopted [performance]  EFFICIENCY  standards  for
 the  years two thousand twenty-five and two thousand thirty-five and the
 potential cumulative reductions in energy use through the year two thou-
 sand thirty-five. Such report shall be updated by March  fifteenth,  two
 thousand thirty and a copy shall be posted by March fifteenth, two thou-
 sand  thirty  on  the  websites  of  the authority and the department of
 state.
   5. (A) IN ADDITION TO ALL OTHER POWERS  AND  AUTHORITY  GIVEN  TO  THE
 SECRETARY  BY  THIS ARTICLE, THE SECRETARY SHALL HAVE AND BE ENTITLED TO
 EXERCISE THE FOLLOWING POWERS AND DUTIES:
   (I) TO REQUEST THE PRESIDENT TO CONDUCT INVESTIGATIONS TO DETERMINE IF
 PRODUCTS COVERED BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS  ARTI-
 CLE COMPLY WITH SUCH EFFICIENCY STANDARDS; TO CONSULT WITH THE PRESIDENT
 IN  CONNECTION  WITH THE PRESIDENT'S PERFORMANCE OF SUCH INVESTIGATIONS;
 TO REQUEST THE PRESIDENT TO  CONDUCT  TESTS  TO  DETERMINE  IF  PRODUCTS
 S. 8008                            144                           A. 9008
 
 COVERED  BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
 WITH SUCH EFFICIENCY STANDARDS; AND TO REQUEST THE  PRESIDENT'S  COOPER-
 ATION IN CONNECTION WITH ENFORCEMENT PROCEEDINGS CONDUCTED BY THE SECRE-
 TARY PURSUANT TO THIS ARTICLE;
   (II)  TO  ORDER  THE  IMMEDIATE CESSATION OF ANY DISTRIBUTION, SALE OR
 OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR OFFER TO RENT,  IMPORT,
 OR  OFFER  TO  IMPORT,  OR  INSTALLATION OR OFFER OF INSTALLATION OF ANY
 PRODUCT LISTED IN PARAGRAPHS (A) THROUGH  (XX)  OF  SUBDIVISION  ONE  OF
 SECTION  16-104  OF THIS ARTICLE, OR OF ANY PRODUCT FOR WHICH EFFICIENCY
 STANDARDS SHALL HAVE BEEN ESTABLISHED PURSUANT TO PARAGRAPH (B)  OR  (C)
 OF  SUBDIVISION ONE OF THIS SECTION, OR ANY PRODUCT THAT IS SUBJECT TO A
 FEDERAL EFFICIENCY STANDARD THAT SHALL HAVE BEEN CONTINUED IN THIS STATE
 PURSUANT TO SECTION 16-105 OF THIS ARTICLE, IF THE SECRETARY, IN CONSUL-
 TATION WITH THE PRESIDENT, DETERMINES THAT SUCH PRODUCT  DOES  NOT  MEET
 THE  APPLICABLE  EFFICIENCY STANDARD OR IF SUCH PRODUCT DOES NOT SATISFY
 THE  TESTING  PROCEDURES  OR  MANUFACTURER'S  CERTIFICATION   PROCEDURES
 ADOPTED PURSUANT TO THE REGULATIONS AUTHORIZED BY THIS ARTICLE;
   (III)  TO  ACCEPT  GRANTS  OR FUNDS FOR PURPOSES OF ADMINISTRATION AND
 ENFORCEMENT OF THIS ARTICLE;
   (IV) TO IMPOSE, AFTER NOTICE AND AN OPPORTUNITY  TO  BE  HEARD,  CIVIL
 PENALTIES  AND/OR INJUNCTIVE RELIEF FOR ANY VIOLATION OF THIS ARTICLE OR
 ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE. ANY PENALTIES COLLECTED
 BY THE SECRETARY UNDER THIS SECTION  SHALL  BE  PLACED  IN  THE  ACCOUNT
 ESTABLISHED  UNDER  SECTION  NINETY-SEVEN-WWW  OF THE STATE FINANCE LAW,
 RELATING TO THE CONSUMER PROTECTION ACCOUNT; AND
   (V) TO ADOPT SUCH RULES AND REGULATIONS  AS  THE  SECRETARY  MAY  DEEM
 NECESSARY  OR APPROPRIATE FOR THE PURPOSE OF CARRYING OUT THE POWERS AND
 DUTIES GRANTED TO THE SECRETARY BY THIS ARTICLE.
   (B) THE SECRETARY MAY EXERCISE THE POWERS AND AUTHORITY GRANTED TO THE
 SECRETARY BY THIS SUBDIVISION, OR BY ANY OTHER PROVISION OF  THIS  ARTI-
 CLE,  THROUGH THE CONSUMER PROTECTION DIVISION ESTABLISHED BY THE SECRE-
 TARY PURSUANT TO SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW  OR  THROUGH
 SUCH  OTHER DIVISIONS, OFFICERS, OR EMPLOYEES OF THE DEPARTMENT OF STATE
 AS THE SECRETARY MAY DESIGNATE FROM TIME TO TIME.
   § 17. The energy law is amended by adding a new section 16-107 to read
 as follows:
   § 16-107. SUBPOENAS, INFORMATION AND DOCUMENT PRODUCTION,  ENFORCEMENT
 PROCEDURES,  REFERRALS.  1. (A) IN ADDITION TO ALL OTHER POWERS PROVIDED
 BY THIS ARTICLE, THE SECRETARY OR HIS OR HER  DESIGNEE  SHALL  HAVE  THE
 POWER  AND AUTHORITY TO SUBPOENA ANY PERSON DOING BUSINESS IN THIS STATE
 AND BRING SUCH PERSON BEFORE SUCH OFFICER OR PERSON IN THE DEPARTMENT OF
 STATE AS MAY BE DESIGNATED IN SUCH SUBPOENA, AND TO ADMINISTER  AN  OATH
 TO  AND TAKE TESTIMONY OF ANY PERSON OR CAUSE ANY PERSON'S DEPOSITION TO
 BE TAKEN.
   (B) IN ADDITION TO ALL OTHER POWERS  PROVIDED  BY  THIS  ARTICLE,  THE
 PRESIDENT  OR  HIS OR HER DESIGNEE SHALL HAVE THE POWER AND AUTHORITY TO
 SUBPOENA ANY PERSON IN THIS STATE TO COMPEL TESTIMONY, THE PROTECTION OF
 DOCUMENTS, OR BOTH, AND BRING SUCH PERSON BEFORE SUCH OFFICER OR  PERSON
 IN  THE AUTHORITY AS MAY BE DESIGNATED IN SUCH SUBPOENA, AND TO ADMINIS-
 TER AN OATH TO AND TAKE TESTIMONY OF ANY PERSON OR  CAUSE  ANY  PERSON'S
 DEPOSITION TO BE TAKEN.
   (C) A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE
 CIVIL  PRACTICE  LAW AND RULES, AND IS IN ADDITION TO AND NOT IN LIMITA-
 TION OF THE POWER TO MAKE INFORMATION AND DOCUMENT REQUESTS UNDER SUBDI-
 VISION TWO OF THIS SECTION.
 S. 8008                            145                           A. 9008
 
   2. ANY PERSON THAT SELLS OR OFFERS FOR  SALE,  LEASES  OR  OFFERS  FOR
 LEASE, RENTS OR OFFERS FOR RENT, OR INSTALLS OR OFFERS TO INSTALL, MANU-
 FACTURES  OR TESTS IN NEW YORK STATE ANY NEW PRODUCT OF A TYPE LISTED IN
 PARAGRAPHS (A) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
 ARTICLE,  OR  ANY  NEW PRODUCT FOR WHICH EFFICIENCY STANDARDS SHALL HAVE
 BEEN ESTABLISHED PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION ONE  OF
 SECTION 16-106 OF THIS ARTICLE, OR ANY PRODUCT THAT IS SUBJECT TO FEDER-
 AL  EFFICIENCY  STANDARDS  THAT  SHALL HAVE BEEN CONTINUED IN THIS STATE
 PURSUANT TO SECTION 16-105 OF THIS ARTICLE, SHALL  BE  OBLIGED,  ON  THE
 REQUEST  OF  THE SECRETARY OR HIS OR HER DESIGNEE, OR THE REQUEST OF THE
 PRESIDENT OR HIS OR HER DESIGNEE, TO SUPPLY  THE  SECRETARY  AND/OR  THE
 PRESIDENT  WITH  SUCH  INFORMATION  AND DOCUMENTATION AS MAY BE REQUIRED
 CONCERNING SUCH PERSON'S BUSINESS, BUSINESS PRACTICES, OR BUSINESS METH-
 ODS,  OR  PROPOSED  BUSINESS  PRACTICES  OR  METHODS.  THE   OBLIGATIONS
 CONTAINED  IN  THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON THAT SELLS
 OR OFFERS FOR SALE, LEASES OR OFFERS FOR  LEASE,  RENTS  OR  OFFERS  FOR
 RENT, OR INSTALLS OR OFFERS TO INSTALL ONLY PRODUCTS DESCRIBED IN SUBDI-
 VISION THREE OF SECTION 16-104 OF THIS ARTICLE. THE POWER TO MAKE INFOR-
 MATION  AND DOCUMENT REQUESTS IS IN ADDITION TO AND NOT IN LIMITATION OF
 THE POWER TO ISSUE SUBPOENAS.
   3. A SUBPOENA MAY BE  ISSUED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  AND  A  REQUEST  FOR INFORMATION AND DOCUMENTATION MAY BE MADE
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AT  ANY  TIME  AND  IN  ANY
 SITUATION,  WITHOUT  REGARD TO WHETHER SUCH SUBPOENA OR REQUEST IS OR IS
 NOT ISSUED OR MADE IN CONNECTION WITH AN INVESTIGATION CONDUCTED BY  THE
 PRESIDENT OR AN ENFORCEMENT PROCEEDING CONDUCTED BY THE SECRETARY.
   4. THE SECRETARY SHALL, BEFORE ORDERING THE IMMEDIATE CESSATION OF ANY
 DISTRIBUTION,  SALE  OR OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR
 OFFER TO RENT, IMPORT OR OFFER TO IMPORT, OR INSTALLATION  OR  OFFER  OF
 INSTALLATION  OF  ANY PRODUCT, OR IMPOSING ANY CIVIL PENALTY, INJUNCTIVE
 RELIEF, OR OTHER RELIEF PURSUANT TO THIS ARTICLE UPON ANY PERSON WHO  IS
 ALLEGED  TO  BE  IN VIOLATION OF ANY PROVISION OF THIS ARTICLE OR OF ANY
 REGULATION ADOPTED PURSUANT TO THIS ARTICLE, AND AT LEAST TEN DAYS PRIOR
 TO THE DATE SET FOR THE HEARING, NOTIFY IN WRITING AND SHALL AFFORD SUCH
 PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL  IN  REFERENCE
 THERETO.  SUCH  WRITTEN  NOTICE  MAY  BE  SERVED  BY  DELIVERY  OF  SAME
 PERSONALLY, OR BY MAILING SAME BY CERTIFIED MAIL TO THE LAST KNOWN BUSI-
 NESS ADDRESS OF SUCH PERSON, OR BY ANY METHOD AUTHORIZED  BY  THE  CIVIL
 PRACTICE  LAW  AND  RULES.  THE HEARING ON SUCH CHARGES SHALL BE AT SUCH
 TIME AND PLACE AS THE DEPARTMENT OF STATE  SHALL  PRESCRIBE.  A  HEARING
 HELD BY THIS SUBDIVISION SHALL BE HELD PURSUANT TO THE STATE ADMINISTRA-
 TIVE PROCEDURE ACT, AND ANY APPLICABLE REGULATIONS ADOPTED BY THE SECRE-
 TARY.
   5.  A  FINAL  ACTION  OF THE SECRETARY IN IMPOSING A CIVIL PENALTY, OR
 OTHER ORDER, MAY BE SUBJECT TO REVIEW BY A PROCEEDING  INSTITUTED  UNDER
 ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES AT THE
 INSTANCE OF THE PERSON AGGRIEVED. FINAL ACTIONS THAT MAY BE  SUBJECT  TO
 JUDICIAL  REVIEW  UNDER  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
 AND RULES INCLUDE:
   (A) A DETERMINATION THAT A PERSON IS IN VIOLATION OF ANY PROVISION  OF
 THIS ARTICLE OR OF ANY REGULATION ADOPTED UNDER THIS ARTICLE;
   (B)  AN  ORDER  DIRECTING THE IMMEDIATE CESSATION OF THE SALE OR OFFER
 FOR SALE, INSTALLATION OR OFFER TO INSTALL, LEASE  OR  OFFER  TO  LEASE,
 RENT  OR  OFFER  TO  RENT,  OR  IMPORT  ANY  PRODUCT IN VIOLATION OF ANY
 PROVISION OF THIS ARTICLE OR OF ANY REGULATION ADOPTED UNDER THIS  ARTI-
 CLE;
 S. 8008                            146                           A. 9008
 
   (C) AN ORDER GRANTING OR IMPOSING ANY OTHER TYPE OF INJUNCTIVE RELIEF;
 AND
   (D)  THE  IMPOSITION  OF A CIVIL PENALTY, EXCLUDING ANY CONSENT ORDER,
 ANY DETERMINATION MADE IN A CONSENT ORDER AND ANY CIVIL  PENALTY  AND/OR
 INJUNCTIVE RELIEF IMPOSED BY A CONSENT ORDER.
   6.  IN  ADDITION  TO  ALL  OTHER  POWERS PROVIDED BY THIS ARTICLE, THE
 SECRETARY AND THE PRESIDENT, ARE AUTHORIZED, INDIVIDUALLY OR JOINTLY, TO
 REFER THE RESULTS OF ANY INVESTIGATION CONDUCTED BY THE PRESIDENT PURSU-
 ANT TO THIS ARTICLE TO THE ATTORNEY GENERAL AND TO REQUEST THE  ATTORNEY
 GENERAL TO INSTITUTE, IN THE NAME OF THE SECRETARY AND/OR THE PRESIDENT,
 AN  ACTION  OR PROCEEDING TO ENFORCE THE PROVISIONS OF THIS ARTICLE. THE
 ATTORNEY GENERAL SHALL, AT THE REQUEST OF THE SECRETARY OR PRESIDENT, OR
 MAY, ON HIS OR HER OWN INITIATIVE, INSTITUTE PROCEEDINGS TO ENFORCE  THE
 PROVISIONS  OF  THIS ARTICLE INCLUDING THE IMPOSITION OF CIVIL PENALTIES
 OR INJUNCTIVE RELIEF.  NOTHING IN THIS SUBDIVISION SHALL LIMIT OR IMPAIR
 THE  POWER  AND  AUTHORITY  OF  THE  SECRETARY  TO  CONDUCT  ENFORCEMENT
 PROCEEDINGS,  TO  ISSUE  ORDERS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 FIVE OF SECTION 16-106 OF THIS ARTICLE, AND TO IMPOSE PENALTIES PURSUANT
 TO SECTION 16-108 OF THIS ARTICLE.
   § 18. Section 16-108 of the energy law, as added by chapter 431 of the
 laws of 2005, is amended to read as follows:
   § 16-108. Violations, civil liability.  1. Any person who issues:
   (A) a certification that a product listed in  PARAGRAPHS  (A)  THROUGH
 (XX)  OF subdivision one of section 16-104 of this article complies with
 the [energy] efficiency standards FOR SUCH  PRODUCT  established  by  OR
 PURSUANT TO this article[,];
   (B)  A  CERTIFICATION  THAT  A  PRODUCT  NOT  LISTED IN PARAGRAPHS (A)
 THROUGH (XX) OF SUBDIVISION  ONE  OF  SECTION  16-104  OF  THIS  ARTICLE
 COMPLIES WITH EFFICIENCY STANDARDS FOR SUCH PRODUCT ESTABLISHED PURSUANT
 TO  PARAGRAPH  (B)  OR  (C) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
 ARTICLE; OR
   (C) A CERTIFICATION THAT A PRODUCT THAT IS SUBJECT  TO  FEDERAL  EFFI-
 CIENCY  STANDARDS  THAT SHALL HAVE BEEN CONTINUED IN THIS STATE PURSUANT
 TO SECTION 16-105 OF THIS ARTICLE COMPLIES WITH SUCH  EFFICIENCY  STAND-
 ARDS,  knowing that such product does not comply with [those] SUCH EFFI-
 CIENCY standards, shall be liable for a civil penalty of not  more  than
 ten  thousand  dollars for each such product certified and an additional
 penalty of not more than ten thousand dollars for each day during  which
 such violation continues.
   2.  Any  person  who  violates  the  provisions  of subdivision two of
 section 16-104 of this article, or  [who]  fails  to  perform  any  duty
 imposed  by  this article, or [who] violates or fails to comply with any
 rule, regulation, determination, or order [of] ADOPTED, MADE, OR  ISSUED
 BY  THE  PRESIDENT  OR  the secretary [of state promulgated] pursuant to
 this article, shall be liable for a civil penalty of not more than  five
 hundred  dollars for each such violation and an additional civil penalty
 of not more than one hundred dollars for  each  day  during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation.
   3. [The secretary may cause an investigation to be made of  complaints
 received concerning violations of this article and may refer the results
 of  such  investigations  to  the attorney general. The attorney general
 shall, at the request of the secretary, or may, on his  own  initiative,
 institute proceedings to enforce the provisions of this article.
   4.]  An  action or cause of action for the recovery of a penalty under
 this section may be settled or compromised in an amount to  be  approved
 S. 8008                            147                           A. 9008
 
 by  the  secretary  either  before  or  after proceedings are brought to
 recover such penalties and prior to the entry for judgment therefor.
   § 19. The energy law is amended by adding a new section 16-109 to read
 as follows:
   §  16-109.  CONFLICTS  WITH OTHER LAWS.  NOTHING IN THIS ARTICLE OR IN
 ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE SHALL LIMIT, IMPAIR,  OR
 SUPERSEDE  THE  PROVISIONS  OF  SUBDIVISION ONE OF SECTION THREE HUNDRED
 EIGHTY-THREE OF THE EXECUTIVE LAW OR THE PROVISIONS OF SUBDIVISION THREE
 OF SECTION 11-103 OF THIS CHAPTER.
   § 20. Subparagraphs 14 and 15 of paragraph (a)  of  subdivision  3  of
 section  94-a  of the executive law, as added by section 21 of part A of
 chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
 added to read as follows:
   (14) cooperate with and assist consumers in class  actions  in  proper
 cases; [and]
   (15)  create  an internet website or webpage pursuant to section three
 hundred ninety-c of the general business law[.],  AS  ADDED  BY  CHAPTER
 FIVE HUNDRED NINE OF THE LAWS OF TWO THOUSAND SEVEN; AND
   (16) EXERCISE SUCH POWERS AND DUTIES GRANTED TO THE SECRETARY BY ARTI-
 CLE  SIXTEEN  OF  THE ENERGY LAW AS THE SECRETARY MAY DIRECT, INCLUDING,
 BUT NOT LIMITED TO: CONSULT WITH SUCH PRESIDENT OF THE  NEW  YORK  STATE
 ENERGY  RESEARCH  AND  DEVELOPMENT AUTHORITY IN CONNECTION WITH INVESTI-
 GATIONS CONDUCTED BY SUCH PRESIDENT PURSUANT TO ARTICLE SIXTEEN  OF  THE
 ENERGY  LAW; MAKE DETERMINATIONS RELATING TO COMPLIANCE BY PRODUCTS WITH
 THE STANDARDS ADOPTED PURSUANT TO ARTICLE SIXTEEN  OF  THE  ENERGY  LAW;
 ORDER  THE  IMMEDIATE  CESSATION  OF ANY DISTRIBUTION, SALE OR OFFER FOR
 SALE, IMPORT, OR INSTALLATION OF ANY PRODUCT THAT  DOES  NOT  MEET  SUCH
 STANDARDS; AND IMPOSE CIVIL PENALTIES AS CONTEMPLATED BY ARTICLE SIXTEEN
 OF THE ENERGY LAW.
   §  21.  The  opening paragraph and paragraphs a and c of subdivision 1
 and subdivision 3 of section 374 of the executive law, the opening para-
 graph of subdivision 1 as amended by chapter 309 of the  laws  of  1996,
 paragraph  a  of  subdivision 1 as amended by section 96 of subpart B of
 part C of chapter 62 of the laws of  2011  and  as  further  amended  by
 section  104 of part A of chapter 62 of the laws of 2011, paragraph c of
 subdivision 1 as amended by chapter 920 of the laws of 1985, and  subdi-
 vision  3  as  added  by chapter 707 of the laws of 1981, are amended to
 read as follows:
   There is hereby created and established in the department of  state  a
 council,  to  be  known  as  the state fire prevention and building code
 council. Such council shall  consist  of  the  secretary  of  state,  as
 [chairman] CHAIR, the state fire administrator, THE PRESIDENT OF THE NEW
 YORK  STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE COMMISSIONER
 OF THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  and  fifteen  other
 members to be appointed as follows:
   a.  Two  members,  to  be  appointed  by  the governor, from among the
 commissioners of [the departments of economic  development,  corrections
 and  community  supervision, education, health, labor, mental health and
 social services, office of general services,  division  of  housing  and
 community  renewal,]  ECONOMIC  DEVELOPMENT;  CORRECTIONS  AND COMMUNITY
 SUPERVISION; EDUCATION; HEALTH; LABOR; MENTAL HEALTH; GENERAL  SERVICES;
 HOUSING  AND COMMUNITY RENEWAL; PARKS, RECREATION AND HISTORIC PRESERVA-
 TION; AND TEMPORARY AND DISABILITY ASSISTANCE; and the superintendent of
 financial services.
   c. Seven members, to be appointed by the governor with the advice  and
 consent of the senate, one of whom shall be a fire service official, one
 S. 8008                            148                           A. 9008
 
 of  whom shall be a registered architect, one of whom shall be a profes-
 sional engineer, one of whom shall be a code enforcement  official,  one
 of  whom  shall  represent  builders,  one of whom shall represent trade
 unions,  and  one of whom shall be a person with a disability as defined
 in section two hundred ninety-two of this  chapter  who  would  directly
 benefit  from  the provisions of [article thirteen of] the state uniform
 fire prevention and building code RELATING TO ACCESSIBILITY. The  regis-
 tered  architect  and  professional  engineer  shall be duly licensed to
 practice their respective professions in the state of  New  York.  After
 the certification of code enforcement personnel pursuant to this chapter
 shall have begun said code enforcement official shall be so certified.
   3.  (A)  The  council shall meet at least quarterly at the call of the
 chairman. Additional meetings may be called upon at  least  five  [days]
 DAYS' notice by the chairman or by petition of five members of the coun-
 cil.
   (B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A
 MAJORITY, BUT NO FEWER THAN SEVEN, OF THE MEMBERS OF THE COUNCIL THEN IN
 OFFICE,  GATHERED  TOGETHER IN THE PRESENCE OF EACH OTHER OR THROUGH THE
 USE OF VIDEOCONFERENCING, AT A MEETING DULY HELD AT A TIME FIXED BY  LAW
 OR  BY  ANY  BY-LAW  DULY ADOPTED BY THE COUNCIL, OR AT ANY MEETING DULY
 HELD UPON REASONABLE NOTICE TO  ALL  MEMBERS  OF  THE  COUNCIL  THEN  IN
 OFFICE,  OR AT ANY DULY ADJOURNED MEETING OF SUCH MEETING, SHALL CONSTI-
 TUTE A QUORUM, AND A MAJORITY, BUT NO FEWER THAN SEVEN, OF  THE  MEMBERS
 OF  THE  COUNCIL  THEN  IN  OFFICE  MAY  PERFORM AND EXERCISE ANY POWER,
 AUTHORITY, OR DUTY OF THE COUNCIL AT ANY SUCH MEETING OR ADJOURNED MEET-
 ING.
   § 22. Subdivision 2 of section 97-www of the  state  finance  law,  as
 amended  by  section  53 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   2. Such account shall consist of all penalties received by the depart-
 ment of state pursuant to section three  hundred  ninety-nine-z  of  the
 general  business  law,  SECTION  16-106 OF THE ENERGY LAW and any addi-
 tional monies appropriated, credited or transferred to such  account  by
 the Legislature. Any interest earned by the investment of monies in such
 account shall be added to such account, become part of such account, and
 be used for the purposes of such account.
   §  23.   A building code or other requirement applicable to commercial
 or residential buildings or construction may not prohibit the use  of  a
 substance  authorized  pursuant  to  42  U.S.C.  7671k. Substances under
 review but not yet listed by the United States Environmental  Protection
 Agency  pursuant to 42 U.S.C. 7671k may be allowed for use provided that
 such substance and the refrigeration or air conditioning system or other
 equipment or products utilizing such substance are designed,  installed,
 and  used  in  accordance with nationally recognized published standards
 that protect building occupant safety and reduce fire risks.
   § 24. Section 17-101 of the energy law is amended by adding twenty new
 subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,  20,
 21, 22, 23 and 24 to read as follows:
   5.  "AUTHORITY"  MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY.
   6. "BENCHMARK" MEANS INPUTTING AND SUBMITTING  THE  TOTAL  ENERGY  AND
 WATER  CONSUMED  FOR A PROPERTY FOR THE PREVIOUS CALENDAR YEAR AND OTHER
 DESCRIPTIVE INFORMATION FOR SUCH PROPERTY AS REQUIRED BY THE  BENCHMARK-
 ING TOOL. TOTAL ENERGY AND WATER CONSUMPTION SHALL NOT INCLUDE SEPARATE-
 LY  METERED  USES  THAT ARE NOT INTEGRAL TO BUILDING OPERATIONS, SUCH AS
 BROADCAST ANTENNAS, AS DETERMINED BY THE PRESIDENT.
 S. 8008                            149                           A. 9008

   7. "BENCHMARKING  INFORMATION"  MEANS  INFORMATION  GENERATED  BY  THE
 BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL PROPER-
 TY AND ITS OWNERSHIP, MANAGEMENT, AND OPERATIONAL CHARACTERISTICS.
   8.  "PUBLIC  BENCHMARKING  INFORMATION" MEANS INFORMATION GENERATED BY
 THE BENCHMARKING TOOL AND DESCRIPTIVE  INFORMATION  ABOUT  THE  PHYSICAL
 PROPERTY  AND  ITS  OPERATIONAL CHARACTERISTICS THAT IS DISCLOSED TO THE
 PUBLIC. THE PUBLIC BENCHMARKING INFORMATION SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO:
   (A) DESCRIPTIVE INFORMATION, INCLUDING PROPERTY ADDRESS;  PRIMARY  USE
 TYPE; GROSS FLOOR AREA AS DEFINED BY THE BENCHMARKING TOOL GLOSSARY;
   (B)  OUTPUT INFORMATION, INCLUDING SITE AND SOURCE ENERGY USE INTENSI-
 TY; WEATHER NORMALIZED SITE AND SOURCE ENERGY USE INTENSITY; TOTAL ANNU-
 AL GREENHOUSE GAS EMISSIONS; WATER USE PER GROSS SQUARE FOOT; THE ENERGY
 STAR SCORE, WHERE AVAILABLE;
   (C) COMPLIANCE OR NONCOMPLIANCE WITH THIS LAW; AND
   (D) A COMPARISON OF THE  ANNUAL  SUMMARY  STATISTICS  ACROSS  CALENDAR
 YEARS  FOR  ALL  YEARS  SINCE  ANNUAL  REPORTING AND DISCLOSURE HAS BEEN
 REQUIRED FOR THE COVERED PROPERTY.
   9. "BENCHMARKING SUBMISSION" MEANS A SUBSET OF:
   (A) INFORMATION INPUT INTO THE BENCHMARKING TOOL; AND
   (B) BENCHMARKING INFORMATION GENERATED BY THE  BENCHMARKING  TOOL,  AS
 DETERMINED BY THE PRESIDENT.
   10.  "BENCHMARKING  TOOL"  MEANS  THE PORTFOLIO MANAGER OR ANY SIMILAR
 TOOL MAY AS DETERMINED BY THE PRESIDENT TO BE REASONABLY COMPARABLE, AND
 ANY ADDITIONAL TOOLS SPECIFIED IN REGULATIONS ADOPTED BY THE PRESIDENT.
   11. "BUILDING ENERGY BENCHMARKING" MEANS THE PROCESS  OF  MEASURING  A
 BUILDING'S  ENERGY  USE,  TRACKING  THAT  USE  OVER  TIME, AND COMPARING
 PERFORMANCE TO SIMILAR BUILDINGS NATIONWIDE.
   12. "COVERED PROPERTY" MEANS: ON AND AFTER THE FIRST DAY  OF  JANUARY,
 TWO  THOUSAND  TWENTY-THREE, ANY PROPERTY THAT HAS ONE OR MORE BUILDINGS
 THAT TOGETHER EXCEED TWENTY-FIVE THOUSAND GROSS  SQUARE  FEET  IN  TOTAL
 COMBINED FLOOR AREA.
   13.  "ENERGY"  MEANS  ELECTRICITY,  NATURAL GAS, STEAM, HOT OR CHILLED
 WATER, FUEL OIL, KEROSENE, PROPANE, OR OTHER FUEL PRODUCT FOR USE  IN  A
 BUILDING,  OR  ON-SITE  ELECTRICITY  GENERATION, INCLUDING RENEWABLE AND
 STORAGE TECHNOLOGIES FOR PURPOSES OF PROVIDING HEATING, COOLING,  LIGHT-
 ING,  WATER  HEATING,  OR  FOR POWERING OR FUELING OTHER END-USES IN THE
 BUILDING AND RELATED FACILITIES.
   14. "ENERGY STAR SCORE" MEANS THE  ONE  THROUGH  ONE  HUNDRED  (1-100)
 NUMERIC RATING GENERATED BY THE ENERGY STAR PORTFOLIO MANAGER TOOL.
   15. "ENERGY USE INTENSITY" MEANS THE KBTUS (ONE THOUSAND BRITISH THER-
 MAL UNITS) USED PER SQUARE FOOT OF GROSS FLOOR AREA.
   16.  "EXEMPT  MUNICIPALITY"  MEANS  A MUNICIPALITY WITH A BENCHMARKING
 REQUIREMENT IN EFFECT THAT  MEETS  OR  EXCEEDS  THE  BENCHMARKING  RULES
 ESTABLISHED BY THE AUTHORITY.
   17.  "GROSS FLOOR AREA" MEANS THE TOTAL NUMBER OF ENCLOSED SQUARE FEET
 MEASURED BETWEEN THE EXTERIOR SURFACES OF THE  FIXED  WALLS  WITHIN  ANY
 STRUCTURE USED OR INTENDED FOR SUPPORTING OR SHELTERING ANY USE OR OCCU-
 PANCY.
   18. "OWNER" MEANS:
   (A) AN INDIVIDUAL OR ENTITY POSSESSING TITLE TO A COVERED PROPERTY;
   (B)  THE  NET LESSEE IN THE CASE OF A PROPERTY SUBJECT TO A TRIPLE NET
 LEASE;
   (C) THE BOARD OF MANAGERS IN THE CASE OF A CONDOMINIUM;
   (D) THE BOARD OF DIRECTORS IN THE  CASE  OF  A  COOPERATIVE  APARTMENT
 CORPORATION;
 S. 8008                            150                           A. 9008
 
   (E) AN AGENT AUTHORIZED TO ACT ON BEHALF OF ANY OF THE ABOVE; OR
   (F)  THE ENTITY IN PHYSICAL POSSESSION OF THE PROPERTY OR HAVING BENE-
 FICIAL USE AND OCCUPANCY OF THE PROPERTY IN THE CASE OF A COVERED  PROP-
 ERTY  WITH  TITLE  POSSESSED  BY  A  STATE ENTITY SOLELY FOR PURPOSES OF
 SECURING BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY SUCH STATE  ENTITY,
 IN  WHICH CASE, THE STATE ENTITY WILL NOT ALSO BE DEEMED THE OWNER HERE-
 UNDER. FOR THE PURPOSE OF THIS SUBPARAGRAPH, A "STATE ENTITY" SHALL MEAN
 ANY STATE AGENCY, STATE AUTHORITY OR SUBSIDIARY OF A STATE AUTHORITY.
   19. "PORTFOLIO MANAGER" MEANS THE ENERGY STAR PORTFOLIO  MANAGER,  THE
 INTERNET-BASED  TOOL DEVELOPED AND MAINTAINED BY THE UNITED STATES ENVI-
 RONMENTAL PROTECTION AGENCY TO TRACK  AND  ASSESS  THE  RELATIVE  ENERGY
 PERFORMANCE OF BUILDINGS NATIONWIDE, OR SUCCESSOR.
   20. "PRESIDENT" MEANS THE PRESIDENT OF THE AUTHORITY.
   21.  "QUALIFIED  BENCHMARKER"  MEANS  AN  INDIVIDUAL  OR  ENTITY  THAT
 POSSESSES A BENCHMARKING CERTIFICATION OR OTHER  CREDENTIAL  OR  CREDEN-
 TIALS APPROVED BY THE PRESIDENT.
   22. "QUALIFYING FINANCIAL DISTRESS" MEANS:
   (A)  THE  COVERED PROPERTY IS THE SUBJECT OF A QUALIFIED TAX LIEN SALE
 OR PUBLIC AUCTION DUE TO PROPERTY TAX ARREARAGES;
   (B) THE COVERED PROPERTY IS CONTROLLED BY A COURT APPOINTED RECEIVER;
   (C) A FORECLOSURE ACTION HAS COMMENCED ON THE COVERED PROPERTY  DURING
 THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED;
   (D)  TITLE  TO THE COVERED PROPERTY WAS TRANSFERRED BY DEED IN LIEU OF
 FORECLOSURE OR BY A REFEREE'S DEED IN FORECLOSURE  DURING  THE  CALENDAR
 YEAR FOR WHICH BENCHMARKING IS REQUIRED;
   (E) THE OWNER OF A COVERED PROPERTY HAS COMMENCED A BANKRUPTCY FILING;
 OR
   (F) OTHER SITUATIONS AS AUTHORIZED BY THE PRESIDENT OR THE PRESIDENT'S
 DESIGNEE.
   23.  "TENANT" MEANS A PERSON OR ENTITY OCCUPYING OR HOLDING POSSESSION
 OF A BUILDING, PART OF A BUILDING  OR  PREMISES  PURSUANT  TO  A  RENTAL
 AGREEMENT.
   24.  "UTILITY"  MEANS  AN  ENTITY THAT DISTRIBUTES AND SELLS ENERGY TO
 COVERED PROPERTIES.
   § 25. The energy law is amended by adding a new section 17-107 to read
 as follows:
   § 17-107. BENCHMARKING APPLICABILITY AND SUBMISSION. 1. NO LATER  THAN
 THE  FIRST  DAY OF MAY, TWO THOUSAND TWENTY-THREE, AND NO LATER THAN THE
 FIRST DAY OF MAY OF EVERY YEAR THEREAFTER, EACH OWNER SHALL ENSURE  THAT
 SUCH  OWNER'S  COVERED  PROPERTIES SHALL BE BENCHMARKED FOR THE PREVIOUS
 CALENDAR YEAR AND THE BENCHMARKING SUBMISSION SHALL BE PROVIDED  TO  THE
 AUTHORITY AS DIRECTED BY THE PRESIDENT.
   2.  THE  PRESIDENT  OR THE PRESIDENT'S DESIGNEE MAY TEMPORARILY EXEMPT
 FROM THE BENCHMARKING REQUIREMENT THE OWNER OF A COVERED  PROPERTY  THAT
 SUBMITS DOCUMENTATION ESTABLISHING, TO THE SATISFACTION OF THE PRESIDENT
 OR THE PRESIDENT'S DESIGNEE, ANY OF THE FOLLOWING:
   (A)  THE  COVERED  PROPERTY HAS CHARACTERISTICS THAT MAKE BENCHMARKING
 IMPRACTICABLE, INCLUDING BUILDINGS THAT DO NOT FIT ANY OF  THE  PROPERTY
 TYPES, DEFINITIONS OR USE DETAILS LISTED IN THE PORTFOLIO MANAGER;
   (B)  THE  COVERED PROPERTY HAD AVERAGE PHYSICAL OCCUPANCY OF LESS THAN
 FIFTY PERCENT THROUGHOUT THE CALENDAR YEAR  FOR  WHICH  BENCHMARKING  IS
 REQUIRED;
   (C) THE COVERED PROPERTY IS A NEW CONSTRUCTION AND THE COVERED PROPER-
 TY'S  CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPANCY WAS
 ISSUED DURING THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED;
 S. 8008                            151                           A. 9008
 
   (D) THE COVERED PROPERTY  EXPERIENCED  QUALIFYING  FINANCIAL  DISTRESS
 DURING THE YEAR FOR WHICH BENCHMARKING IS REQUIRED; OR
   (E)  THE COVERED PROPERTY HAS BEEN ISSUED A FULL DEMOLITION PERMIT FOR
 THE PRIOR CALENDAR YEAR, PROVIDED THAT DEMOLITION  WORK  HAS  COMMENCED,
 SOME ENERGY-RELATED SYSTEMS HAVE BEEN COMPROMISED AND LEGAL OCCUPANCY IS
 NO  LONGER  POSSIBLE  PRIOR TO THE FIRST DAY OF MAY OF THE YEAR IN WHICH
 THE BENCHMARKING REPORT IS DUE.
   3. THE PRESIDENT OR THE  PRESIDENT'S  DESIGNEE  MAY  EXEMPT  FROM  THE
 BENCHMARKING  REQUIREMENT  THE  OWNERS OF ALL COVERED PROPERTIES LOCATED
 WITHIN AN EXEMPT MUNICIPALITY THAT COMPLY WITH THE MUNICIPALITY'S BENCH-
 MARKING REQUIREMENT.
   4. THE PRESIDENT OR THE  PRESIDENT'S  DESIGNEE  MAY  EXEMPT  FROM  THE
 BENCHMARKING REQUIREMENT RELATED TO WATER THE OWNER OF A COVERED PROPER-
 TY IN JURISDICTIONS WHERE WHOLE BUILDING WATER USE DATA IS NOT AVAILABLE
 IN  INCREMENTS  REQUIRED  BY  THE BENCHMARKING TOOL OR AS DEFINED BY THE
 PRESIDENT OR THE PRESIDENT'S DESIGNEE.
   5. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY GRANT AN EXTENSION OF
 TIME IF THE OWNER OF THE COVERED PROPERTY DEMONSTRATES, TO THE SATISFAC-
 TION OF THE PRESIDENT OR THE PRESIDENT'S  DESIGNEE,  THAT  DESPITE  GOOD
 FAITH  EFFORTS,  THE  OWNER  COULD  NOT SATISFY THE REQUIREMENTS OF THIS
 ARTICLE BY THE IMPOSED DEADLINES.
   6. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY REQUIRE THAT DATA  BE
 VALIDATED  BY  A QUALIFIED BENCHMARKER OR THAT BENCHMARKING BE PERFORMED
 BY A QUALIFIED BENCHMARKER.
   § 26. The energy law is amended by adding a new section 17-108 to read
 as follows:
   § 17-108. BENCHMARKING NOTIFICATION AND POSTING. 1. BETWEEN  SEPTEMBER
 FIRST AND DECEMBER THIRTY-FIRST OF EACH YEAR, THE AUTHORITY SHALL NOTIFY
 OWNERS  OF  THEIR  OBLIGATION TO BENCHMARK PURSUANT TO SECTION 17-107 OF
 THIS ARTICLE.
   2. BY DECEMBER FIRST OF EACH YEAR, THE AUTHORITY SHALL POST  THE  LIST
 OF THE ADDRESSES OF COVERED PROPERTIES ON THE AUTHORITY'S WEBSITE.
   § 27. The energy law is amended by adding a new section 17-109 to read
 as follows:
   § 17-109. DISCLOSURE, ANALYSIS, AND PUBLICATION OF BENCHMARKING INFOR-
 MATION.  1. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND
 TWENTY-THREE AND BY THE FIFTEENTH DAY OF SEPTEMBER OF EACH  YEAR  THERE-
 AFTER,  THE  AUTHORITY  SHALL  PUBLISH  PUBLIC  BENCHMARKING INFORMATION
 REGARDING ALL COVERED PROPERTIES FOR THE PREVIOUS CALENDAR YEAR;  EXCEPT
 THAT  PUBLIC  BENCHMARKING  INFORMATION REGARDING A COVERED PROPERTY FOR
 SUCH PROPERTY'S FIRST YEAR OF REQUIRED COMPLIANCE, OTHER THAN WHETHER OR
 NOT THE PROPERTY COMPLIED, SHALL NOT BE PUBLISHED BY THE AUTHORITY.
   2. IN ADDITION TO THE PUBLISHING OF  PUBLIC  BENCHMARKING  INFORMATION
 REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL ANNUAL-
 LY PUBLISH:
   (A) SUMMARY STATISTICS AND TREND ANALYSES REGARDING ENERGY CONSUMPTION
 FOR COVERED PROPERTIES DERIVED FROM AGGREGATION OF BENCHMARKING INFORMA-
 TION; AND
   (B)  INFORMATION  REGARDING  HOW  EACH  COVERED PROPERTY COMPARES WITH
 COMPARABLE COVERED PROPERTIES IN NEW YORK STATE, AND  HOW  EACH  COVERED
 PROPERTY'S PERFORMANCE HAS CHANGED OVER TIME.
   3.  NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND TWEN-
 TY-TWO, AND NO LATER THAN THE FIFTEENTH DAY OF SEPTEMBER  OF  EACH  YEAR
 THEREAFTER,  EACH  EXEMPTED  MUNICIPALITY  SHALL  MAKE  AVAILABLE TO THE
 AUTHORITY, IN A FORM AS REQUIRED  BY  THE  AUTHORITY,  ANY  BENCHMARKING
 INFORMATION POSSESSED BY SUCH MUNICIPALITY.
 S. 8008                            152                           A. 9008
 
   4.  ANY ANALYSIS OR POSSESSION OF INFORMATION CONCERNING COVERED PROP-
 ERTIES BY THE AUTHORITY IS SUBJECT TO RULES REGARDING PERSONAL,  PRIVATE
 OR  SENSITIVE  INFORMATION  AS  DEFINED  BY THE NEW YORK STATE OFFICE OF
 INFORMATION TECHNOLOGY SERVICES AND ARTICLE SIX OF THE  PUBLIC  OFFICERS
 LAW.
   5. THE AUTHORITY MAY PROVIDE AN OWNER OR MANAGER OF A COVERED PROPERTY
 WITH  BENCHMARKING  INFORMATION RELATED TO SUCH COVERED BUILDING THAT IS
 NOT PUBLIC BENCHMARKING INFORMATION.
   6. NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO  SUPERSEDE  SECTIONS
 EIGHTY-FOUR  THROUGH  SECTION  NINETY OF THE PUBLIC OFFICERS LAW, EXCEPT
 WITH RESPECT TO THE AUTHORITY'S PUBLISHING OF PUBLIC BENCHMARKING INFOR-
 MATION AS REQUIRED IN THIS SECTION.
   § 28. The energy law is amended by adding a new section 17-110 to read
 as follows:
   § 17-110. MAINTENANCE OF BENCHMARKING RECORDS. 1. OWNERS  SHALL  MAIN-
 TAIN  RECORDS  SUFFICIENT  TO PROVIDE FOR THE REPORTING OF PUBLIC BENCH-
 MARKING INFORMATION TO THE AUTHORITY. SUCH RECORDS  SHALL  BE  PRESERVED
 FOR  A  PERIOD  OF AT LEAST THREE YEARS. AT THE REQUEST OF THE PRESIDENT
 SUCH RECORDS SHALL BE MADE AVAILABLE FOR INSPECTION AND AUDIT.
   2. AT THE TIME LEGAL TITLE OF ANY COVERED PROPERTY IS TRANSFERRED, THE
 BUYER AND SELLER SHALL ARRANGE FOR THE SELLER TO PROVIDE TO  THE  BUYER,
 AT  OR BEFORE CLOSING, ALL INFORMATION NECESSARY FOR THE BUYER TO REPORT
 BENCHMARKING INFORMATION FOR THE ENTIRE YEAR IN A TIMELY MANNER.
   § 29. The energy law is amended by adding a new section 17-111 to read
 as follows:
   § 17-111. BENCHMARKING ENFORCEMENT AND ADMINISTRATION. 1.  THE  PRESI-
 DENT  MAY  PROMULGATE  RULES  AND REGULATIONS NECESSARY FOR THE ADMINIS-
 TRATION AND ENFORCEMENT OF THE REQUIREMENTS OF THIS ARTICLE.
   2. IT SHALL BE UNLAWFUL FOR ANY ENTITY OR PERSON  TO  FAIL  TO  COMPLY
 WITH  THE REQUIREMENTS OF THIS ARTICLE OR ANY RULE OR REGULATION PROMUL-
 GATED BY THE AUTHORITY OF THIS ARTICLE OR TO MISREPRESENT  ANY  MATERIAL
 FACT IN A DOCUMENT REQUIRED TO BE PREPARED OR DISCLOSED PURSUANT TO THIS
 ARTICLE  OR  ANY RULE OR REGULATION PROMULGATED BY THE AUTHORITY OF THIS
 ARTICLE.
   3. ANY PERSON OR ENTITY WHO VIOLATES THE  BENCHMARKING  PROVISIONS  OF
 THIS  ARTICLE, NOT INCLUDING SECTIONS 17-103 AND 17-105 OF THIS ARTICLE,
 SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND  DOLLARS
 PER VIOLATION.
   4.  THE  ATTORNEY  GENERAL  MAY  BRING  AN ACTION TO RECOVER THE CIVIL
 PENALTIES PROVIDED BY SUBDIVISION THREE OF THIS  SECTION  AND  FOR  SUCH
 OTHER RELIEF AS MAY BE DEEMED NECESSARY.
   §  30. This act shall take effect immediately; provided, however, that
 sections six through twenty and section twenty-two  of  this  act  shall
 take  effect on the one hundred eightieth day after it shall have become
 a law; provided, however,  that  the  amendments  to  subdivision  4  of
 section  16-106  of  the  energy law made by section sixteen of this act
 shall not affect the repeal of such  subdivision  and  shall  be  deemed
 repealed  therewith.  Effective  immediately,  the  addition, amendment,
 and/or repeal of any rule or regulation necessary for the timely  imple-
 mentation of this act on or before its effective date are hereby author-
 ized to be made and completed on or before such effective date.
 
                                 PART FFF
 
   Section  1.  Section  1005 of the public authorities law is amended by
 adding a new subdivision 29 to read as follows:
 S. 8008                            153                           A. 9008
 
   29. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  THE  AUTHORITY  IS
 FURTHER AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO
 LEASE  OR  OTHERWISE  DISPOSE  OF  INTERESTS  IN  EXCESS CAPACITY IN THE
 AUTHORITY'S BROADBAND TECHNOLOGIES AND INFRASTRUCTURE TO  OTHER  INSTRU-
 MENTALITIES  OF  THE STATE TO SUPPORT BROADBAND AND OTHER INITIATIVES OF
 THE STATE.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable  effective date of Parts A through FFF of this act shall
 be as specifically set forth in the last section of such Parts.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8008--A                                            A. 9008--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  penal  law  and the vehicle and traffic law, in
   relation to transportation worker safety; and to amend the penal  law,
   in  relation  to establishing the offense of menacing a highway worker
   (Subart A); to amend the vehicle  and  traffic  law,  in  relation  to
   increasing  fines  payable  by  a driver of a motor vehicle who causes
   injury to a pedestrian (Subpart B); to amend the vehicle  and  traffic
   law, in relation to leaving the scene of an accident; and to amend the
   highway law in relation to clearing of vehicles from highways (Subpart
   C);  to  amend  the  vehicle and traffic law, in relation to work zone
   safety and outreach program (Subpart D);  to  amend  the  vehicle  and
   traffic  law,  in relation to increasing penalties for certain traffic
   infractions and the use of global positioning  system  technology;  to
   amend  the  vehicle  and  traffic law and the general business law, in
   relation to notification of parkway prohibitions (Subpart E);  and  to
   amend  the  highway  law,  in relation to increasing certain fines for
   violations related to permits for work within the state highway  right
   of  way  (Subpart F) (Part A); to amend the highway law and the trans-
   portation law, in  relation to  consolidated  local highway assistance
   payments (Part B); to amend the transportation  law,  in  relation  to
   airport  improvement and revitalization (Part C); to amend the highway
   law, in relation to the entry of adjacent lands for the safe function-
   ality of state highway infrastructure (Part D); to amend  chapter  413
   of  the  laws  of  1999, relating to providing for mass transportation
   payments, in relation to the  amount  of    payments  in  the  Capitol
   District  Transportation District and adding Montgomery County to such
   District (Part E); to amend the public authorities law, in relation to
   the electronic submission and public posting  of  bids  for  New  York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD12673-02-2
 S. 8008--A                          2                         A. 9008--A
 
   state  thruway  authority construction, reconstruction and improvement
   contracts (Part F); to amend the public authorities law,  in  relation
   to  procurement  contracts  (Part  G); to amend the public authorities
   law,  in  relation to increasing the statutory threshold for mandatory
   use of design-build by the metropolitan transportation authority (Part
   H); to amend the public authorities law, in relation  to  procurements
   conducted  by  the  metropolitan  transportation authority and the New
   York city transit authority (Part I); to amend chapter  54 of the laws
   of 2016 amending the general municipal law relating  to the  New  York
   transit  authority and the metropolitan transportation  authority,  in
   relation to extending authorization  for tax  increment financing  for
   the    metropolitan    transportation authority (Part J); to amend the
   public authorities law, in relation to MTA capital projects and utili-
   ty relocations (Part K); to  amend  the  penal  law,  in  relation  to
   assaulting  or  harassing  certain  employees  of  a transit agency or
   authority (Part L); to amend the vehicle and traffic law, in  relation
   to  owner  liability for failure of operator to comply with bus opera-
   tion-related local law or  regulation  traffic  restrictions;  and  to
   amend  part II of chapter 59 of the laws of 2010, amending the vehicle
   and traffic law and the public officers law relating to establishing a
   bus rapid transit demonstration program to restrict  the  use  of  bus
   lanes  by  means  of bus lane photo devices, in relation to the effec-
   tiveness thereof (Part M); to amend the  penal  law,  in  relation  to
   including  the  intentional  use  of  any toll highway, parkway, road,
   bridge or tunnel or entry into or remaining in a tolled central  busi-
   ness  district without payment of the lawful toll or charge as a theft
   of services; to amend the vehicle and traffic law, in relation to  the
   penalty  imposed  upon  the  operator  of a vehicle with an altered or
   obscured license plate while on a toll highway, bridge or  tunnel;  to
   amend the vehicle and traffic law, in relation to deterring fraudulent
   use of the toll exemption for vehicles transporting persons with disa-
   bilities  into or remaining in a tolled central business district; and
   to amend the vehicle and traffic law,  in  relation  to  allowing  the
   commissioner  of  motor vehicles to deny registration, reregistration,
   renewal, replacement or transfer of the registration of a vehicle  and
   vehicle  identification  number suspended for toll evasion, or subject
   to a pending toll authority request for suspension (Part N); to  amend
   chapter  751  of  the laws of 2005, amending the insurance law and the
   vehicle  and  traffic  law  relating  to  establishing  the   accident
   prevention  course  internet  technology pilot program, in relation to
   the effectiveness thereof (Part O); to amend chapter 62 of the laws of
   2003, amending the vehicle and traffic law and other laws relating  to
   increasing  certain motor vehicle transaction fees, in relation to the
   effectiveness thereof; and to amend chapter 84 of the  laws  of  2002,
   amending the state finance law relating to the costs of the department
   of  motor vehicles, in relation to the effectiveness thereof (Part P);
   to amend the vehicle and traffic  law, in relation to waiving non-dri-
   ver identification application fees for incarcerated individuals (Part
   Q); to amend the civil rights law, in relation to requiring all  state
   agencies  to update all applicable forms and data systems to include a
   gender "x" option (Part R); to  amend  the  public  officers  law,  in
   relation  to  authorizing  the  disclosure  of  records for the public
   service loan forgiveness program (Part S); to amend chapter 495 of the
   laws of 2004, amending the insurance law and  the  public  health  law
   relating  to  the New York state health insurance continuation assist-
   ance demonstration project, in relation to the  effectiveness  thereof
 S. 8008--A                          3                         A. 9008--A
 
   (Part  T);  to  amend the general municipal law, in relation to brown-
   field opportunity areas; and to amend the public authorities  law,  in
   relation  to  funding  for certain projects by the dormitory authority
   (Part  U); to amend the agriculture and markets law and chapter 537 of
   the laws of 1976, relating to paid, free and reduced  price  breakfast
   for  eligible  pupils  in certain school districts, in relation to the
   transfer of the administration of the national  school  lunch  program
   and  related  food  programs  to  the  Department  of  Agriculture and
   Markets; and to provide for the  transfer  of  certain  functions  and
   employees with respect thereto (Part V); to amend the general business
   law,  in relation to appearance enhancement professionals (Part W); in
   relation to authorizing certain health care professionals licensed  to
   practice   in  other  jurisdictions  to  practice  in  this  state  in
   connection with the Winter World University Games; and  providing  for
   the  repeal  of  such  provisions upon expiration thereof (Part X); to
   amend chapter 393 of the  laws  of  1994 amending the New  York  state
   urban  development corporation act relating to  the  powers of the New
   York state urban development corporation to make loans, in relation to
   extending loan powers (Part Y); to amend the urban development  corpo-
   ration  act,  in  relation  to extending the authority of the New York
   state urban development corporation to  administer  the  empire  state
   economic  development  fund  (Part  Z);  to  amend  the infrastructure
   investment act, in relation to the effectiveness thereof; and to amend
   chapter 749 of the laws of 2019 authorizing, for certain public  works
   undertaken  pursuant  to project labor agreements, use of the alterna-
   tive delivery method known as design-build contracts, in  relation  to
   the  effectiveness  thereof (Part AA); to amend the state finance law,
   in relation to the excelsior linked  deposit  program  (Part  BB);  to
   amend  the  New  York  state  urban  development  corporation  act, in
   relation to creating the small business  seed  funding  grant  program
   (Part  CC); to   amend  chapter  584 of the laws of 2011, amending the
   public authorities law relating to the powers and   duties   of    the
   dormitory authority  of  the  state of New York relative to the estab-
   lishment  of  subsidiaries  for certain purposes, in relation  to  the
   effectiveness thereof (Part DD); to amend the public authorities  law,
   in  relation  to  authorizing  the  dormitory authority to provide its
   services to not-for-profit corporations (Part EE); to amend the public
   authorities law, in relation to authorizing the dormitory authority to
   utilize a prequalification list when seeking to bid or  enter  into  a
   contract  for  public  work (Part FF); to amend the public authorities
   law, in relation to authorizing the dormitory authority to provide its
   services to recipients of grants and loans from the downtown revitali-
   zation program (Part GG); to amend  the  public  authorities  law,  in
   relation  to  authorizing the dormitory authority to enter into design
   and construction management agreements with  state  authorities  (Part
   HH); to amend the state finance law and the public authorities law, in
   relation  to  the  cannabis social equity fund (Part II); to amend the
   highway law and  the transportation corporations law, in  relation  to
   right  of  way  for fiber optic cable (Part JJ); to amend the environ-
   mental conservation law, in relation to removing  a  program  cap  and
   allowing  funding  of  the  solid  waste mitigation program's inactive
   landfill initiative (Part KK); to amend the environmental conservation
   law and the tax law, in relation to eligibility for  participation  in
   the  brownfield cleanup program, assignment of the brownfield redevel-
   opment tax credits and brownfield opportunity areas; and to amend part
   H of chapter 1 of the laws of 2003, amending the tax law  relating  to
 S. 8008--A                          4                         A. 9008--A
 
   brownfield redevelopment tax credits, remediated brownfield credit for
   real  property taxes for qualified sites and environmental remediation
   insurance credits, in relation to the effectiveness thereof (Part LL);
   to  amend the environmental conservation law, in relation to extending
   the waste tire management fee for five years and conforming the appli-
   cable administrative provisions to article 28 of  the  tax  law  (Part
   MM);  to  amend  part TT of chapter 59 of the laws of 2021 authorizing
   the creation of state debt in the amount of three billion dollars,  in
   relation to creating the environmental bond act of 2022 "restore moth-
   er  nature"  for  the  purposes  of  environmental  improvements  that
   preserve, enhance, and restore New York's natural resources and reduce
   the impact of climate change; and providing for the submission to  the
   people  of  a proposition or question therefor to be voted upon at the
   general election to be held in November, 2022, in relation to creating
   the Clean Water, Clean Air, and Green Jobs Environmental Bond  Act  of
   2022 (Part NN); to amend the environmental conservation law, the state
   finance  law,  and  part UU of chapter 59 of the laws of 2021 amending
   the environmental conservation law and the state finance law  relating
   to  the  implementation of the environmental bond act of 2022 "restore
   mother nature", in relation to renaming such act "clean  water,  clean
   air,  and  green jobs" (Part OO); to amend the tax law, in relation to
   increasing the transfer amount from the real estate  transfer  tax  to
   the  environmental  protection  fund  (Part PP); to amend the environ-
   mental conservation law, in relation to freshwater  wetlands;  and  to
   repeal  certain  provisions  of  such  law relating thereto (Part QQ);
   amend the environmental conservation law, in relation to enacting  the
   "extended producer responsibility act"; and to amend the state finance
   law,  in  relation to creating the stewardship organization fund (Part
   RR); to amend the  environmental  conservation  law,  in  relation  to
   enacting the toxics in packaging act to restrict PFAS in all packaging
   and adding restrictions for phthalates in all packaging; and to repeal
   title  2  of article 37 of the environmental conservation law relating
   to hazardous packaging (Part SS); to amend the county law, in relation
   to enacting  the  "Suffolk  County  water  quality  restoration  act",
   authorizing  the county of Suffolk to establish a water quality resto-
   ration fund, and extending the authority of the county of  Suffolk  to
   form a county-wide sewer and wastewater management district (Part TT);
   to  amend the environmental conservation law, in relation to the water
   pollution control revolving fund (Part UU);  to  amend  the  executive
   law,  in relation to ensuring proper administration and enforcement of
   the uniform fire prevention and building code  and  the  state  energy
   conservation  construction  code  (Part  VV); to amend the vehicle and
   traffic law and the state finance  law,  in  relation  to  the  vessel
   surcharge;  and  to repeal certain provisions of the state finance law
   relating thereto (Part WW); to amend  the  environmental  conservation
   law  and  the  real  property tax law, in relation to river regulating
   district payment of taxes on lands owned by the state  (Part  XX);  to
   amend the parks, recreation and historic preservation law, in relation
   to  the  powers,  functions  and duties of the state council of parks,
   recreation and historic preservation and the regional park, recreation
   and  historic  preservation  commissions;  and   to   repeal   certain
   provisions of such law relating thereto (Part YY); to amend the insur-
   ance  law,  the public authorities law and the tax law, in relation to
   authorizing the power authority of the state of New  York  to  form  a
   pure  captive  insurance  company  (Part  ZZ); to authorize the energy
   research and  development  authority  to  finance  a  portion  of  its
 S. 8008--A                          5                         A. 9008--A
 
   research, development and demonstration, policy and planning, and Fuel
   NY  program, as well as climate change related expenses of the depart-
   ment of environmental conservation and the department  of  agriculture
   and  markets'  Fuel NY program, from an assessment on gas and electric
   corporations (Part AAA); to authorize  utility  and  cable  television
   assessments  that provide funds to the department of health from cable
   television assessment revenues and to the  department  of  agriculture
   and  markets,  department of environmental conservation, department of
   state, and the office of parks, recreation and  historic  preservation
   from utility assessment revenues; and providing for the repeal of such
   provisions upon the expiration thereof (Part BBB); to amend the public
   service  law,  in relation to the provision of gas service (Part CCC);
   to amend the public authorities law, in relation to the eligibility of
   hospitals in the state to receive assistance from the power  authority
   of  the  state  of  New  York (Part DDD); to amend the energy law, the
   executive law and the state finance law, in relation  to  establishing
   the "advanced building codes, appliance and equipment efficiency stan-
   dards, and building benchmarking act of 2022" (Part EEE); to amend the
   public authorities law, in relation to authorizing the power authority
   of  the  state of New York to dispose of excess capacity in its broad-
   band technologies and infrastructure (Part FFF); to amend the  vehicle
   and  traffic  law, in relation to establishing the commercial driver's
   license (CDL) class A young adult  training  program;  and  to  repeal
   subdivision 36 of section 14 of the transportation law relating there-
   to  (Part GGG); and to amend the urban development corporation act, in
   relation to expanding the Restore New  York's  Communities  Initiative
   (Part HHH)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state transportation, economic development
 and environmental conservation budget for  the  2022-2023  state  fiscal
 year.    Each  component is wholly contained within a Part identified as
 Parts A through HHH. The effective date for  each  particular  provision
 contained  within  such  Part  is  set forth in the last section of such
 Part. Any provision in any section contained within  a  Part,  including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be  deemed to mean and refer to the corresponding section of the Part in
 which it is found. Section three of this  act  sets  forth  the  general
 effective date of this act.
 
                                  PART A
 
   Section  1.  This Part enacts into law major components of legislation
 relating to safety on highways of the state. Each  component  is  wholly
 contained  within  a  Subpart  identified  as  Subparts A through F. The
 effective date for  each  particular  provision  contained  within  such
 Subpart  is set forth in the last section of such Subpart. Any provision
 in any section contained within a Subpart, including the effective  date
 of the Subpart, which makes a reference to a section "of this act", when
 used  in  connection  with that particular component, shall be deemed to
 mean and refer to the corresponding section of the Subpart in  which  it
 S. 8008--A                          6                         A. 9008--A
 
 is  found.   Section three of this Part sets forth the general effective
 date of this Part.
 
                                 SUBPART A
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016 and subdivi-
 sion 11 as separately amended by chapters 268 and 281  of  the  laws  of
 2016, are amended to read as follows:
   3.  With intent to prevent a peace officer, a police officer, prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian, New York city public health sanitarian, sanitation  enforce-
 ment  agent, New York city sanitation worker, a firefighter, including a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering first aid in the course of performance of duty  as  such  fire-
 fighter,  an  emergency  medical  service paramedic or emergency medical
 service technician, or medical or related personnel in a hospital  emer-
 gency  department,  a  city  marshal,  a school crossing guard appointed
 pursuant to section two hundred eight-a of the general municipal law,  a
 traffic  enforcement  officer, traffic enforcement agent, HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, MOTOR VEHICLE INSPECTOR OR MOTOR CARRIER INVESTIGATOR AS DEFINED IN
 SECTION  ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE
 OF THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES  OR  A  COUNTY  CLERK
 PERFORMING  MOTOR  VEHICLE TRANSACTIONS ON BEHALF OF SUCH DEPARTMENT, or
 employee of any entity governed by the public service law in the  course
 of  performing  an  essential service, from performing a lawful duty, by
 means including releasing or failing to control an animal under  circum-
 stances  evincing the actor's intent that the animal obstruct the lawful
 activity of such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city  sanitation  worker, firefighter, paramedic, technician,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR OR MOTOR CARRIER INVESTIGATOR AS  DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, EMPLOYEE OF THE NEW YORK
 STATE DEPARTMENT OF MOTOR VEHICLES OR A COUNTY  CLERK  PERFORMING  MOTOR
 VEHICLE  TRANSACTIONS  ON  BEHALF  OF SUCH DEPARTMENT, or employee of an
 entity governed by the public service law, he  or  she  causes  physical
 injury  to  such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city sanitation worker, firefighter, paramedic, technician or
 medical or related personnel in a hospital  emergency  department,  city
 marshal,  school  crossing  guard,  traffic enforcement officer, traffic
 enforcement agent, HIGHWAY WORKER AS  DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-A  OF  THE  VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK STATE DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 S. 8008--A                          7                         A. 9008--A
 
 ACTIONS ON BEHALF OF SUCH DEPARTMENT, or employee of an entity  governed
 by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-A
 OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR OR MOTOR CARRIER
 INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE
 AND  TRAFFIC  LAW,  EMPLOYEE  OF  THE NEW YORK STATE DEPARTMENT OF MOTOR
 VEHICLES OR A COUNTY CLERK  PERFORMING  MOTOR  VEHICLE  TRANSACTIONS  ON
 BEHALF  OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-
 one of section 1.20 of the criminal procedure law,  sanitation  enforce-
 ment  agent,  New York city sanitation worker, public health sanitarian,
 New York city public health sanitarian, registered nurse, licensed prac-
 tical nurse, emergency medical service paramedic, or  emergency  medical
 service technician, he or she causes physical injury to such train oper-
 ator,  ticket  inspector, conductor, signalperson, bus operator, station
 agent, station cleaner or terminal cleaner, city marshal, school  cross-
 ing  guard  appointed  pursuant  to  section  two hundred eight-a of the
 general municipal law, traffic enforcement officer, traffic  enforcement
 agent,  HIGHWAY  WORKER  AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF
 THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR  OR  MOTOR  CARRIER
 INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE
 AND  TRAFFIC  LAW,  EMPLOYEE  OF  THE NEW YORK STATE DEPARTMENT OF MOTOR
 VEHICLES OR A COUNTY CLERK  PERFORMING  MOTOR  VEHICLE  TRANSACTIONS  ON
 BEHALF  OF SUCH DEPARTMENT, prosecutor as defined in subdivision thirty-
 one of section 1.20 of the criminal  procedure  law,  registered  nurse,
 licensed practical nurse, public health sanitarian, New York city public
 health  sanitarian,  sanitation enforcement agent, New York city sanita-
 tion worker, emergency medical service paramedic, or  emergency  medical
 service  technician,  while such employee is performing an assigned duty
 on, or directly related to, the operation of a train or  bus,  including
 the  cleaning  of  a  train  or  bus  station  or terminal, or such city
 marshal, school crossing guard,  traffic  enforcement  officer,  traffic
 enforcement  agent,  HIGHWAY  WORKER  AS  DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR  VEHICLE  INSPECTOR  OR
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, EMPLOYEE OF THE NEW YORK  STATE  DEPART-
 MENT OF MOTOR VEHICLES OR A COUNTY CLERK PERFORMING MOTOR VEHICLE TRANS-
 ACTIONS  ON BEHALF OF SUCH DEPARTMENT, prosecutor as defined in subdivi-
 sion  thirty-one  of  section  1.20  of  the  criminal  procedure   law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   §  2.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE  INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF  DEATH,  IMMINENT  SERIOUS  PHYSICAL INJURY OR PHYSICAL INJURY.   FOR
 S. 8008--A                          8                         A. 9008--A
 
 PURPOSES OF THIS SUBDIVISION, A HIGHWAY WORKER SHALL BE  AS  DEFINED  IN
 SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   §  118-A.  HIGHWAY  WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
 STATE, A COUNTY, CITY, TOWN OR VILLAGE,  A  PUBLIC  AUTHORITY,  A  LOCAL
 AUTHORITY,  OR  A  PUBLIC UTILITY COMPANY, OR THE AGENT OR CONTRACTOR OF
 ANY SUCH ENTITY, WHO HAS BEEN ASSIGNED TO PERFORM  WORK  ON  A  HIGHWAY,
 INCLUDING  MAINTENANCE,  REPAIR,  FLAGGING,  UTILITY WORK, CONSTRUCTION,
 RECONSTRUCTION OR OPERATION OF EQUIPMENT ON PUBLIC  HIGHWAY  INFRASTRUC-
 TURE  AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL ALSO
 INCLUDE ANY FLAGPERSON AS DEFINED IN SECTION ONE  HUNDRED  FIFTEEN-B  OF
 THE VEHICLE AND TRAFFIC LAW.
   §  118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR.  ANY
 PERSON EMPLOYED BY THE NEW YORK STATE DEPARTMENT OF  TRANSPORTATION  WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION  OF  ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE NEW YORK
 STATE DEPARTMENT OF TRANSPORTATION.
   § 4.  Paragraph a of subdivision 2 of section 510 of the  vehicle  and
 traffic  law  is  amended  by adding a new subparagraph (xiv) to read as
 follows:
   (XIV) OF MENACING A HIGHWAY WORKER, OR MENACING IN THE  FIRST,  SECOND
 OR  THIRD  DEGREE, AS DEFINED IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL
 LAW, WHERE SUCH OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   § 5.  The vehicle and traffic law is amended by adding a  new  section
 1221-a to read as follows:
   §  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
 CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
 TION  FROM  A  FLAGPERSON,  POLICE  OFFICER  OR OTHER VISIBLY DESIGNATED
 PERSON IN CHARGE OF TRAFFIC CONTROL OR DIRECTION FROM A TRAFFIC  CONTROL
 DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION, THE TERM
 "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF A HIGHWAY, STREET  OR
 PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE OR UTILITY WORK IS BEING
 CONDUCTED, WHICH AREA IS MARKED BY ANY SIGNS, CHANNELING DEVICES, BARRI-
 ERS,  PAVEMENT  MARKINGS,  OR WORK VEHICLES, AND WHERE WORKERS ARE PHYS-
 ICALLY PRESENT.
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B  MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS,  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section  1.    Paragraph  1  of subdivision (b) of section 1146 of the
 vehicle and traffic law, as amended by chapter 333 of the laws of  2010,
 is amended to read as follows:
   1.  A  driver of a motor vehicle who causes physical injury as defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing to exercise due  care  in  violation  of  subdivision  (a)  of  this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
 S. 8008--A                          9                         A. 9008--A
 
   §  2.    Paragraph 1 of subdivision (c) of section 1146 of the vehicle
 and traffic law, as amended by chapter 333  of  the  laws  of  2010,  is
 amended to read as follows:
   1.  A  driver of a motor vehicle who causes serious physical injury as
 defined in article ten of the penal law to  a  pedestrian  or  bicyclist
 while  failing  to  exercise due care in violation of subdivision (a) of
 this section, shall be guilty of a traffic infraction  punishable  by  a
 fine  of  not  more than [seven hundred fifty] ONE THOUSAND FIVE HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation in a motor vehicle accident prevention course pursuant  to
 paragraph  (e-1) of subdivision two of section 65.10 of the penal law or
 by any combination of such fine, imprisonment or course, and by  suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of  paragraph  b  of subdivision two of section five hundred ten of this
 chapter.
   § 3.  Subdivision (d) of section 1146 of the vehicle and traffic  law,
 as  amended  by  chapter  333 of the laws of 2010, is amended to read as
 follows:
   (d) A violation of subdivision (b) or (c) of this section committed by
 a person who has previously been convicted  of  any  violation  of  such
 subdivisions within the preceding five years, shall constitute a class B
 misdemeanor  punishable  by  a  fine of not more than [one] TWO thousand
 dollars in addition to any other penalties provided by law.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART C
 
   Section 1. Section 600 of the vehicle and traffic law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  ANY  PERSON  OPERATING A MOTOR VEHICLE INVOLVED IN AN ACCIDENT NOT
 INVOLVING PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A  LOCATION
 OFF  THE  ROADWAY  BUT AS NEAR AS POSSIBLE TO THE PLACE WHERE THE DAMAGE
 OCCURRED, SO AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC,  SHALL  NOT
 BE  CONSTRUED  TO  BE  IN  VIOLATION  OF SUBDIVISION ONE OF THIS SECTION
 BECAUSE OF SUCH MOVEMENT.
   § 2. Subdivision 2 of section 15 of the highway  law,  as  amended  by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2.  The  commissioner  of  transportation  OR A POLICE OFFICER, OR ANY
 PERSON ACTING AT THE DIRECTION OF THE COMMISSIONER OR A POLICE  OFFICER,
 shall  have  the power to cause the immediate removal, from the right of
 way of any state  highway,  of  any  vehicle,  CARGO,  OR  DEBRIS  which
 obstructs  or interferes with the use of such a highway for public trav-
 el; or which obstructs  or  interferes  with  the  construction,  recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres  with  the clearing or removal of snow or ice from such a highway;
 or which obstructs or interferes with any operation of the department of
 transportation during a public emergency. THE COMMISSIONER OF  TRANSPOR-
 TATION OR A POLICE OFFICER, OR ANY PERSON ACTING AT THE DIRECTION OF THE
 COMMISSIONER  OR A POLICE OFFICER, SHALL NOT BE LIABLE FOR ANY DAMAGE TO
 SUCH VEHICLE, CARGO, OR DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A
 RECKLESS OR GROSSLY NEGLIGENT MANNER.
   § 3. This act shall take effect immediately.
 
                                 SUBPART D
 S. 8008--A                         10                         A. 9008--A
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE,  UPON  CONSULTATION  WITH THE COMMISSIONER OF TRANSPORTATION,
 THE SUPERINTENDENT OF STATE POLICE, THE COMMISSIONER OF MOTOR  VEHICLES,
 THE CHAIRMAN OF THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL LAW ENFORCE-
 MENT  AGENCIES,  AND REPRESENTATIVES FOR CONTRACTORS AND LABORERS, SHALL
 DESIGN AND IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO INCREASE
 MOTORIST AWARENESS OF THE IMPORTANCE OF HIGHWAY  WORK  ZONE  SAFETY,  TO
 REDUCE  THE NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING, UNAUTHOR-
 IZED INTRUSIONS INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR
 INJURIES TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFE-
 TY.
   § 2. This act shall take effect immediately.
 
                                 SUBPART E
 
   Section 1. Subdivisions (h) and (i) of section 1800 of the vehicle and
 traffic law, as amended by section 1 of part B of chapter 58 of the laws
 of 2020,  are amended to read as follows:
   (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a motor vehicle registered as a  commer-
 cial  vehicle  and  having a gross vehicle weight rating of at least ten
 thousand pounds but no more than twenty-six thousand pounds shall, for a
 first conviction thereof, be punished by a fine of not more than  [three
 hundred  fifty] ONE THOUSAND dollars or by imprisonment of not more than
 fifteen days or by both such fine and imprisonment; for a conviction  of
 a  second  violation,  both  of  which were committed within a period of
 eighteen months, such person shall be punished by a  fine  of  not  more
 than  [seven]  FIFTEEN  hundred  dollars or by imprisonment for not more
 than forty-five days or by both  such  fine  and  imprisonment;  upon  a
 conviction of a third or subsequent violation, all of which were commit-
 ted within a period of eighteen months, such person shall be punished by
 a  fine  of  not more than [one] TWO thousand FIVE HUNDRED dollars or by
 imprisonment of not more than ninety days  or  by  both  such  fine  and
 imprisonment;  provided,  however,  the  provisions  of this subdivision
 shall not apply to a commercial motor vehicle as such term is defined in
 paragraph (a) of subdivision four of section five hundred one-a of  this
 chapter.
   (i) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more  than  [seven  hundred] FIVE THOUSAND dollars or by imprisonment of
 S. 8008--A                         11                         A. 9008--A
 
 not more than fifteen days or by both such fine and imprisonment; for  a
 conviction  of a second violation, both of which were committed within a
 period of eighteen months, such person shall be punished by  a  fine  of
 not  more than [one] SEVEN thousand five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall  be punished by a fine of not more than [two] TEN thousand dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.  THE  PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2.  Subdivision 18-a of section 385 of the vehicle and traffic  law,
 as  added  by  section 2 of part B of chapter 58 of the laws of 2020, is
 amended to read as follows:
   18-a. A violation of the provisions of subdivisions two or fourteen of
 this section, where the violation relates to the height of the  vehicle,
 including a violation related to the operation, within a city not wholly
 included  within  one county, of a vehicle which exceeds the limitations
 provided for in the rules and regulations  of  the  city  department  of
 transportation  of  such city, shall be punishable by a fine of not more
 than [one] FIVE thousand dollars, or by imprisonment for not  more  than
 thirty  days,  or  by  both  such  fine  and imprisonment, for the first
 offense; by a fine of not more than [two] SEVEN  thousand  FIVE  HUNDRED
 dollars,  or  by  imprisonment  for not more than sixty days, or by both
 such fine and  imprisonment,  for  the  second  or  subsequent  offense;
 provided  that  a  sentence or execution thereof for any violation under
 this subdivision may not  be  suspended.    For  any  violation  of  the
 provisions  of  subdivisions  two  or fourteen of this section where the
 violation relates to the height of the vehicle,  including  a  violation
 related  to  the operation, within a city not wholly included within one
 county, of a vehicle which exceeds the limitations provided for  in  the
 rules  and  regulations of the city department of transportation of such
 city, the registration of the vehicle may be suspended for a period  not
 to  exceed one year whether at the time of the violation the vehicle was
 in charge of the owner or his agent.  The  provisions  of  section  five
 hundred  ten  of  this  chapter shall apply to such suspension except as
 otherwise provided herein.
   § 3.  Subdivision 54 of section 375 of the vehicle and traffic law, as
 amended by chapter 473 of the laws  of  2021,  is  amended  to  read  as
 follows:
   54. Stretch limousine [and], charter bus, AND COMMERCIAL MOTOR VEHICLE
 commercial  GPS.  (a)  Every  stretch  limousine [and], charter bus, AND
 COMMERCIAL MOTOR VEHICLE registered in this state shall be equipped with
 commercial global positioning system (GPS) technology  within  no  later
 than one year of the date upon which the national highway traffic safety
 administration  promulgates final regulations establishing standards for
 commercial GPS.
   (b) It shall be unlawful to operate or cause to be operated a  stretch
 limousine  [or],  charter bus, OR COMMERCIAL MOTOR VEHICLE registered in
 this state on any public highway or private road open  to  public  motor
 vehicle  traffic  unless  such  stretch  limousine [or], charter bus, OR
 COMMERCIAL MOTOR VEHICLE is equipped with commercial global  positioning
 S. 8008--A                         12                         A. 9008--A
 
 system (GPS) technology as required by this subdivision and such commer-
 cial global positioning system (GPS) technology is used. The presence in
 such stretch limousine [or], charter bus, OR COMMERCIAL MOTOR VEHICLE of
 commercial  global  positioning  system  (GPS) technology connected to a
 power source and in an operable condition is presumptive evidence of its
 use by any person operating such stretch limousine [or], charter bus, OR
 COMMERCIAL MOTOR VEHICLE.  Such presumption may be rebutted by any cred-
 ible and reliable evidence which tends  to  show  that  such  commercial
 global positioning system (GPS) technology was not in use.
   (c) For the purposes of this subdivision:
   (i)  "Stretch  limousine" shall mean an altered motor vehicle having a
 seating capacity of nine  or  more  passengers,  including  the  driver,
 commonly  referred  to as a "stretch limousine" and which is used in the
 business of transporting passengers for compensation;
   (ii) "Charter bus"  shall  mean  a  bus  transporting  passengers  for
 compensation in a chartered party;
   (iii) "Chartered party" shall mean a group of persons who, pursuant to
 a common purpose and under a single contract and at a fixed charge, have
 acquired  exclusive  use  of  a  bus  to travel together as a group to a
 specific destination or for a particular itinerary either agreed upon in
 advance or modified after having left the place of origin by such group;
 [and]
   (iv) "COMMERCIAL MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE OR COMBINA-
 TION OF VEHICLES HAVING A GROSS COMBINATION WEIGHT RATING OF  MORE  THAN
 TEN  THOUSAND  POUNDS  USED IN COMMERCE TO TRANSPORT PROPERTY OR PERSONS
 AND SHALL INCLUDE A TOW TRUCK WITH A GROSS VEHICLE WEIGHT RATING  OF  AT
 LEAST EIGHTY-SIX HUNDRED POUNDS; AND
   (V) "Commercial global positioning system (GPS) technology" shall mean
 global  positioning  system (GPS) technology which has been specifically
 designed to assist in the navigation of commercial motor vehicles.
   § 4.  The vehicle and traffic law is amended by adding a  new  section
 509-vv to read as follows:
   §  509-VV.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.  ONE
 YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY  TRAFFIC  SAFETY
 ADMINISTRATION  PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
 COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE  OF  NON-COMMERCIAL
 GLOBAL  POSITIONING SYSTEMS (GPS) BY ANY COMMERCIAL DRIVER OR COMMERCIAL
 MOTOR CARRIER, WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION
 OF ANY COMMERCIAL VEHICLE, IS PROHIBITED.  FOR PURPOSES OF THIS SECTION,
 NON-COMMERCIAL GLOBAL POSITION SYSTEM (GPS) SHALL MEAN ANY GLOBAL  POSI-
 TIONING TECHNOLOGY WHICH HAS NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN
 THE NAVIGATION OF COMMERCIAL VEHICLES.
   §  5.   The vehicle and traffic law is amended by adding a new section
 509-vvv to read as follows:
   § 509-VVV.  PARKWAYS NOTIFICATION.  COMMERCIAL CARRIERS  MUST  NOTIFY,
 IN  WRITING,  ALL  COMMERCIAL DRIVERS IN THEIR EMPLOY OF THE PROHIBITION
 AGAINST OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   § 6.  The vehicle and traffic law is amended by adding a  new  section
 509-ii to read as follows:
   §  509-II.  THE USE OF NON-COMMERCIAL GLOBAL POSITIONING SYSTEMS.  ONE
 YEAR FOLLOWING THE DATE UPON WHICH THE NATIONAL HIGHWAY  TRAFFIC  SAFETY
 ADMINISTRATION  PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS FOR
 COMMERCIAL GLOBAL POSITIONING SYSTEMS (GPS), THE USE  OF  NON-COMMERCIAL
 GLOBAL  POSITIONING  SYSTEMS  (GPS)  BY ANY BUS DRIVER OR MOTOR CARRIER,
 WHILE ENGAGED IN THE OPERATION OR DIRECTING THE OPERATION OF ANY BUS, IS
 PROHIBITED.   FOR PURPOSES OF THIS SECTION, NON-COMMERCIAL GLOBAL  POSI-
 S. 8008--A                         13                         A. 9008--A
 
 TION SYSTEM (GPS) SHALL MEAN ANY GLOBAL POSITIONING TECHNOLOGY WHICH HAS
 NOT BEEN SPECIFICALLY DESIGNED TO ASSIST IN THE NAVIGATION OF COMMERCIAL
 VEHICLES.
   §  7.   The vehicle and traffic law is amended by adding a new section
 509-iii to read as follows:
   § 509-III.  PARKWAYS NOTIFICATION.   MOTOR CARRIERS  MUST  NOTIFY,  IN
 WRITING,  ALL  BUS  DRIVERS  IN  THEIR EMPLOY OF THE PROHIBITION AGAINST
 OPERATING COMMERCIAL MOTOR VEHICLES ON PARKWAYS.
   § 8. The general business law is amended by adding a new section  396-
 zz to read as follows:
   §  396-ZZ.  COMMERCIAL VEHICLE OWNER NOTIFICATIONS OF PARKWAY PROHIBI-
 TIONS. (A) ALL RENTAL VEHICLE COMPANIES, AS  DEFINED  IN  SECTION  THREE
 HUNDRED NINETY-SIX-Z OF THIS ARTICLE, MUST NOTIFY IN WRITING ALL AUTHOR-
 IZED   DRIVERS   OR   RENTERS,  AS  DEFINED  IN  SECTION  THREE  HUNDRED
 NINETY-SIX-Z OF THIS ARTICLE,  OF  THE  PROHIBITION  AGAINST  COMMERCIAL
 MOTOR  VEHICLES  OPERATING  ON  PARKWAYS  FOR  ANY  RENTALS OR LEASES OF
 COMMERCIAL MOTOR VEHICLES.   FOR PURPOSES OF  THIS  SECTION  "COMMERCIAL
 MOTOR  VEHICLE"  SHALL  MEAN  A MOTOR VEHICLE OR COMBINATION OF VEHICLES
 HAVING A GROSS COMBINATION WEIGHT  RATING  OF  MORE  THAN  TEN  THOUSAND
 POUNDS  USED  TO  TRANSPORT  PROPERTY OR PERSONS AND SHALL INCLUDE A TOW
 TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF AT LEAST EIGHTY-SIX  HUNDRED
 POUNDS.
   (B)  A  CONVICTION FOR A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE
 BY A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS.
   § 9.  Severability. If any clause, sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal  funds, such judgment or written determination shall not affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation to the clause, sentence, subdivision,  paragraph,  section  or
 part thereof directly involved in the controversy in which such judgment
 or written determination shall have been rendered.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that if chapter 473
 of the laws of 2021 shall not have taken effect on or before  such  date
 then section three of this act shall take effect on the same date and in
 the  same  manner  as  such  chapter  of  the laws of 2021 takes effect;
 provided further that this act shall be deemed repealed if  any  federal
 agency  determines  in writing that this act would render New York state
 ineligible for the receipt of federal funds or any  court  of  competent
 jurisdiction  finally  determines  that  this  act would render New York
 state out of compliance with federal law  or  regulation;  and  provided
 that  the commissioner of transportation  shall notify  the  legislative
 bill  drafting  commission upon the occurrence of the provisions of this
 act in order that the commission may maintain an  accurate  and   timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative  law  and  section  70-b  of  the public officers   law; and
 provided further, however, that with respect to sections four and six of
 this act, the commissioner of transportation shall notify  the  legisla-
 tive  bill  drafting commission upon the occurrence of the provisions of
 sections four and six of this act, in  order  that  the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 S. 8008--A                         14                         A. 9008--A
 
 public  officers  law.    Effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 
                                 SUBPART F
 
   Section 1. Section 52 of the highway law, as amended by chapter 297 of
 the  laws of 1972, the fourth undesignated paragraph as amended by chap-
 ter 643 of the laws of 1998 and the  closing  paragraph  as  amended  by
 section  14  of part EE of chapter 63 of the laws of 2000, is amended to
 read as follows:
   § 52. Permits for work within the  state  highway  right  of  way.  1.
 Except  in connection with the construction, reconstruction, maintenance
 or improvement of a state highway, no person, firm, corporation, munici-
 pality, or state department or agency shall construct or improve, within
 the state highway right of way an entrance or connection to  such  high-
 way,  or  construct  within  the  state  highway right of way any works,
 structure or obstruction, or any overhead or underground crossing there-
 of, or lay or maintain therein underground wires or conduits  or  drain-
 age,  sewer  or  water  pipes,  except  in accordance with the terms and
 conditions of a work permit issued by the commissioner of transportation
 or his duly designated agent, notwithstanding any consent  or  franchise
 granted  by any town or county superintendent, or by any other municipal
 authority. Any municipal corporation may enter upon  any  state  highway
 for  the  purpose  of  widening  the  pavement  or for any other purpose
 authorized by this section, but only after securing a permit as provided
 herein. Notwithstanding the limitations in any general or  special  law,
 every  municipal corporation shall have and is hereby given authority to
 deposit with the department of transportation, such a sum of money or  a
 security  bond  as may be required by the commissioner of transportation
 as a condition precedent to the granting of the permit provided in  this
 section.
   2.  (A) The commissioner of transportation shall establish regulations
 governing the issuance of highway work permits, including the fees to be
 charged therefor, a system of deposits of money  or  bonds  guaranteeing
 the performance of the work and requirements of insurance to protect the
 interests  of  the  state  during  performance of the work pursuant to a
 highway work permit. With respect  to  driveway  entrance  permits,  the
 regulations  shall  take into consideration the prospective character of
 the development, the traffic which will be  generated  by  the  facility
 within  the  reasonably  foreseeable future, the design and frequency of
 access to the facility, the effect of  the  facility  upon  drainage  as
 related  to existing drainage systems, the extent to which such facility
 may impair the safety and traffic  carrying  capacity  of  the  existing
 state highway and any proposed improvement thereto within the reasonably
 foreseeable  future,  and  any standards governing access, non-access or
 limited access which have been established by the department  of  trans-
 portation.
   (B) Upon completion of the work within the state highway right of way,
 authorized  by  the  work permit, the person, firm, corporation, munici-
 pality, or state department or agency, and  his  or  its  successors  in
 interest,  shall  be  responsible for the maintenance and repair of such
 work or portion of such work as set forth within the  terms  and  condi-
 tions of the work permit.
 S. 8008--A                         15                         A. 9008--A
 
   3.  An  advertising  sign,  display  or  device,  or any part thereof,
 erected or maintained in violation of this section shall be removed from
 the state highway right of way by the owner or the party responsible for
 its erection and maintenance. The commissioner of  transportation  shall
 make  a demand by mail, to the last known address of the owner, apparent
 owner or party responsible for the  erection  and  maintenance  of  such
 advertising  sign,  display or device, for its removal and, if it is not
 removed within thirty days from the date of the mailing of such  demand,
 the commissioner of transportation may remove any such advertising sign,
 display  or device, or any part thereof, from the state highway right of
 way. Any such legally permitted, erected and maintained sign, display or
 device may be maintained by its owner in accordance with the  provisions
 of  this  section  upon the approval of the permit issuing office on the
 same terms and  conditions  as  may  exist  for  the  granting  of  such
 approvals  generally.  Where  such  approvals are for permits to control
 vegetation, the permit issuing office shall approve  no  more  than  two
 hundred  fifty permits per annum. The commissioner of transportation may
 also order the approval of additional permits to control  vegetation  on
 an individual basis upon demonstration of acute need.
   4.  The  term  "state highway right of way" shall, for the purposes of
 this section, mean the entire width between the  boundary  line  of  all
 property which has been purchased or appropriated by the state for state
 highway  purposes, all property over which the commissioner of transpor-
 tation or his predecessors has assumed jurisdiction  for  state  highway
 purposes, all property over which the commissioner of transportation has
 assumed  jurisdiction  during the period of construction, reconstruction
 or improvement and all property which has become part of the state high-
 way system through dedication or use.
   5. Any person, firm or corporation violating  this  section  shall  be
 liable  [to]  FOR a fine of not [less than twenty-five dollars nor] more
 than [one] TWENTY-FIVE thousand dollars for each day of violation to  be
 recovered  by  the  commissioner  of  transportation. All fees, fines or
 penalties collected or recovered by the commissioner  pursuant  to  this
 section  shall  be  deposited  by the comptroller into the special obli-
 gation reserve and payment account of the dedicated highway  and  bridge
 trust  fund  established  pursuant to section eighty-nine-b of the state
 finance law, excepting monies deposited with the  state  on  account  of
 betterments  performed  pursuant to subdivision twenty-seven or subdivi-
 sion thirty-five of section ten of this chapter.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or Subpart of this Part shall be adjudged by any court  of
 competent  jurisdiction to be invalid, such judgment  shall  not affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph, subdivision,   section
 or  Subpart  thereof  directly involved in the controversy in which such
 judgment shall have been rendered. It  is  hereby  declared  to  be  the
 intent of the legislature that this Part would have been enacted even if
 such invalid provisions had not been included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through F of this Part shall
 be as specifically set forth in the last section of such Subparts.

                                  PART B
 S. 8008--A                         16                         A. 9008--A
 
   Section 1. Paragraph (e) of subdivision 4 of section 10-c of the high-
 way law, as amended by section 1 part A of chapter 58  of  the  laws  of
 2020, is amended to read as follows:
   (e)  Funds  allocated  for local street or highway projects under this
 subdivision shall be used to undertake work on a project either with the
 municipality's own forces or by contract, provided however, that whenev-
 er the estimate for the construction contract work exceeds  one  hundred
 thousand  dollars  but does not exceed [three] SEVEN hundred fifty thou-
 sand dollars such work must be performed either with the  municipality's
 own  forces or by contract let by competitive bid in accordance with the
 provisions of section one hundred three of the general municipal law and
 provided  further,  however,  that  whenever  the   estimate   for   the
 construction  contract work exceeds [three] SEVEN hundred fifty thousand
 dollars such work must be performed by contract let by  competitive  bid
 in  accordance  with  the provisions of section one hundred three of the
 general municipal law.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 14-l of    the  transportation  law,  as  added  by
 section 2 of part H of chapter 413 of the laws of 1999, paragraph (f) of
 subdivision 2 as amended by section 1 of subpart XX of chapter 59 of the
 laws of 2021, is amended to read as follows:
   § 14-1. Airport improvement and revitalization. 1. Notwithstanding any
 other provision of law to the contrary, an airport improvement and revi-
 talization  grant  [and  loan]  program  is established. Such program is
 established to provide assistance for the revitalization of  public  use
 airports  through  funding  of  projects  or portions thereof, for which
 sufficient federal capital assistance and required non-federal  matching
 funding is not available and provided the project is consistent with the
 airport  layout  plan approved by the department OR THE FEDERAL AVIATION
 ADMINISTRATION. The funding of capital  improvements  pursuant  to  this
 section  shall not be used to provide the non-federal matching share for
 federal airport capital improvement grants.
   2. (a) Assistance may  consist  of  grants  [and  loans]  for  capital
 improvements  and technical assistance provided by the department pursu-
 ant to this section.
   [Loans and grants] GRANTS pursuant to this section may be made to  any
 municipal  corporation,  public authority, public benefit corporation or
 any combination thereof, or to other owners of a public use airport  for
 the  purpose  of improving a public use airport. A county, pursuant to a
 written agreement, may act on behalf of one or  more  cities,  towns  or
 villages  for  the purposes of this section. No such assistance shall be
 provided to any airport operated by a bi-state authority.
   (b) Improvements pursuant to this section may be made for the  follow-
 ing purposes:
   (i)  construction,  reconstruction,  improvement,  reconditioning  and
 preservation of capital facilities where the service life of the project
 is at least ten years, and related engineering services provided, howev-
 er, that for pavement  management  projects  the  service  life  of  the
 project shall be at least five years; AND
   (ii)  purchase  of  airport  equipment,  including  navigational aids,
 acquisition of land and easements[; and
   (iii) technical assistance for airports including, but not limited to,
 preparation of studies to attract, retain or improve air carrier or  air
 S. 8008--A                         17                         A. 9008--A

 cargo  services  including  low  fare  commercial  service  air  carrier
 services, airport business  plans,  activities  to  inform  the  general
 public  or  public  and  private  organizations  of the availability and
 economic  impact of the airport and the aviation services at the airport
 on the community].
   (c) Assistance pursuant to this section shall be provided pursuant  to
 contract with the commissioner. Contracts for capital improvements shall
 insure  the availability to the public of any airport improved hereunder
 for the useful life of such improvement as defined in section  sixty-one
 of  the  state  finance  law. The commissioner shall establish standards
 governing the form, content and submission of applications  for  partic-
 ipation in this program. Such standards shall include, but not be limit-
 ed  to,  the requirement that, with respect to applications submitted by
 owners of privately-owned airports, the commissioner shall make a deter-
 mination that a request submitted by such owners  will  serve  a  public
 purpose  [and such applications are accompanied by].  BEFORE ANY FUNDING
 UNDER THIS SECTION MAY BE ACCEPTED OR DISBURSED, THE  COMMISSIONER  MUST
 BE  PROVIDED  WITH a resolution from the governing body of the county in
 which such privately-owned airport is  located  formally  endorsing  the
 project  for  which  assistance is requested. The commissioner shall not
 approve an application for a grant [or loan] unless  the  applicant  can
 demonstrate  commitment  of  sufficient  funds  to provide the match set
 forth in paragraph (d) of this subdivision.
   [All loans shall be repaid within ten years  and  bear  such  rate  of
 interest  as  shall be established therefor by the commissioner upon the
 issuance of the loan; provided, however, such rate shall not exceed  six
 percent per annum. Payments on all loans shall be made to the department
 and  credited  to the airport improvement and revitalization fund estab-
 lished pursuant to section eighty-eight-d of the state finance law.]
   (d) Matching ratios. [(i)] Capital grants [and loans].  State  assist-
 ance  for  the  program  shall  cover the following share of the project
 cost: for general aviation airports and commercial service airports with
 less than fifty thousand annual enplanements, up to ninety percent;  for
 commercial  service  airports  with fifty thousand or more but less than
 seven hundred thousand annual enplanements, up to  eighty  percent;  and
 for  commercial  service  airports  with  annual  enplanements  of seven
 hundred thousand or more, up to seventy percent.
   [(ii) Technical assistance. Technical assistance may be up  to  eighty
 percent  of  the project cost. Funding for technical assistance shall be
 limited to general aviation airports  and  commercial  service  airports
 with less than two hundred fifty thousand annual enplanements, provided,
 however,  that  such funding may be granted to general aviation airports
 and commercial service airports, regardless  of  the  number  of  annual
 enplanements,  for  the  preparation  of  studies  to attract, retain or
 improve low fare commercial service air  carrier  services.  The  entire
 cost  of  regional or statewide studies conducted by or on behalf of the
 department may be funded.]
   (e) Funds for assistance pursuant to this section shall  be  from  the
 airport  improvement  and  revitalization  fund  established pursuant to
 section eighty-eight-d of the state finance law. No funds shall be  paid
 pursuant  to  this  section unless the applicant for assistance provides
 for the required non-state funded share of the costs of a project.
   (f) No grant [or loan] to any eligible applicant shall exceed the  sum
 of  [two]  FIVE  million [five hundred thousand] dollars, and no part of
 any such grant [or loan] shall be used  for  salaries  or  for  services
 S. 8008--A                         18                         A. 9008--A
 
 regularly   provided  by  the  applicant  for  administrative  costs  in
 connection with such grant [or loan].
   (g)  On or before May first each year, the commissioner shall submit a
 report on the immediately preceding fiscal year to the governor,  tempo-
 rary  president  of  the  senate and speaker of the assembly showing the
 total funds available for assistance pursuant to this section, AND item-
 ization of assistance provided[, and the repayments of loans].
   (h) No provision of this section shall be deemed to make any applicant
 ineligible for assistance otherwise available pursuant to section  four-
 teen-h or fourteen-k of this article.
   (i)  The  commissioner  may  promulgate  rules and regulations for the
 implementation of this section.
   § 2. This act shall take effect immediately.
 
                                  PART D
 
   Section 1.  Section 45 of the highway law, as amended by chapter  1110
 of the laws of 1971, is amended to read as follows:
   § 45. Entry upon adjacent lands and streams. Lands adjacent to a state
 highway  or adjoining or in the bed or beds of any streams or creeks may
 be entered upon and occupied by the commissioner of transportation,  his
 OR  HER  representatives and employees, or by a contractor or any of his
 OR HER agents or employees when directed by the commissioner  of  trans-
 portation or his OR HER representative:
   1.  to  open,  maintain or construct an existing ditch or drain or for
 making surveys and for digging a new ditch or drain, or a section there-
 of, for the free passage of water for the drainage of such highways.
   2. to perform such work of construction,  reconstruction,  improvement
 or  maintenance  in  order  to keep the waters of such streams or creeks
 within their proper channels and  to  prevent  their  encroachment  upon
 state highways or bridges thereon.
   3.  to  remove  or change the position of a fence or other obstruction
 which, in the judgment of the commissioner of  transportation,  prevents
 the  free  flow  of  water  under  or through a state highway, bridge or
 culvert.
   4. to remove any fence or other obstruction which, in the judgment  of
 the  commissioner  of transportation, causes snow to drift in and upon a
 state highway, and to erect snow fences or other devices upon such lands
 to prevent the drifting of snow in or upon any such highway.
   5. to inspect trees for the purpose of determining whether any are  in
 such  a  condition  as  to  constitute a danger to users of the adjacent
 highway and to remove or prune those trees or parts thereof which in the
 judgment of the commissioner constitute such a danger.
   6. ON A TEMPORARY BASIS,  WHEN  DETERMINED  TO  BE  NECESSARY  IN  THE
 DISCRETION  OF THE COMMISSIONER, TO PERFORM EMERGENCY REPAIRS TO PROVIDE
 FOR THE SAFE FUNCTIONALITY AND OPERATION OF STATE HIGHWAYS  AND  BRIDGES
 WHEN  SUCH FUNCTIONALITY OR OPERATION IS IMPACTED BY STORM DAMAGE, LAND-
 SLIDE, OR RETAINING WALL OR DRAINAGE FAILURE, AND MAY POSE A  THREAT  TO
 THE TRAVELING PUBLIC.
   Notwithstanding the provisions of any general, special or local law or
 of  any  inconsistent  provision  of this chapter, claims for any damage
 caused by such entry and work and not exceeding three hundred and  fifty
 dollars  may be adjusted by agreement by the commissioner of transporta-
 tion without appropriating any property. Upon making any such  agreement
 and adjustment, and upon the approval thereof by the department of audit
 and  control,  the  commissioner  of transportation shall deliver to the
 S. 8008--A                         19                         A. 9008--A
 
 comptroller such agreement and a certificate stating the amount due such
 owner for damage caused by such entry and work and the amount  so  fixed
 shall be paid out of the state treasury from moneys appropriated for the
 maintenance and repair of state highways.
   § 2. This act shall take effect immediately.
 
                                  PART E
 
   Section  1.  Section  1  of part I of chapter 413 of the laws of 1999,
 relating to providing for mass transportation payments,  as  amended  by
 section  1  of  part  D of chapter 58 of the laws of 2015, is amended to
 read as follows:
   Section 1. Notwithstanding any other law, rule or  regulation  to  the
 contrary,  payment  of mass transportation operating assistance pursuant
 to section 18-b of the  transportation  law  shall  be  subject  to  the
 provisions  contained  herein and the amounts made available therefor by
 appropriation.
   In establishing service and usage formulas for  distribution  of  mass
 transportation  operating assistance, the commissioner of transportation
 may combine and/or  take  into  consideration  those  formulas  used  to
 distribute  mass transportation operating assistance payments authorized
 by separate appropriations in order to facilitate program administration
 and to ensure an orderly distribution of such funds.
   To improve the predictability  in  the  level  of  funding  for  those
 systems  receiving operating assistance payments under service and usage
 formulas, the commissioner of  transportation  is  authorized  with  the
 approval  of  the  director  of  the budget, to provide service payments
 based on service and usage statistics of the preceding year.
   In the case of a service payment made, pursuant to section 18-b of the
 transportation law, to a regional transportation authority on account of
 mass transportation services provided to more than one county (consider-
 ing the city of New York to be one county), the respective shares of the
 matching payments required to be made by a county to any such  authority
 shall be as follows:
 
                                   Percentage
                                  of Matching
 Local Jurisdiction                 Payment
 --------------------------------------------
 In  the  Metropolitan Commuter
   Transportation District:
 New York City ................          6.40
 Dutchess .....................          1.30
 Nassau .......................         39.60
 Orange .......................          0.50
 Putnam .......................          1.30
 Rockland .....................          0.10
 Suffolk ......................         25.70
 Westchester ..................         25.10
 In the Capital District Trans-
   portation District:
 Albany .......................  [56.10] 55.27
 Rensselaer ...................  [23.30] 22.96
 Saratoga .....................    [4.10] 4.04
 Schenectady ..................  [16.50] 16.26
 MONTGOMERY ...................           1.47
 S. 8008--A                         20                         A. 9008--A
 
 In  the  Central  New York Re-
   gional  Transportation  Dis-
   trict:
 Cayuga .......................         5.11
 Onondaga .....................         75.83
 Oswego .......................         2.85
 Oneida .......................         16.21
 In  the  Rochester-Genesee Re-
   gional  Transportation  Dis-
   trict:
 Genesee ......................          1.36
 Livingston ...................           .90
 Monroe .......................         90.14
 Wayne ........................           .98
 Wyoming ......................           .51
 Seneca .......................           .64
 Orleans ......................           .77
 Ontario ......................          4.69
   In the Niagara Frontier Trans-
   portation  District:   Erie .........................            89.20
 Niagara ......................         10.80
 
   Notwithstanding any other inconsistent provisions of section  18-b  of
 the transportation law or any other law, any moneys provided to a public
 benefit  corporation constituting a transportation authority or to other
 public transportation systems in payment of state  operating  assistance
 or  such  lesser amount as the authority or public transportation system
 shall make application for, shall be paid by the commissioner of  trans-
 portation to such authority or public transportation system in lieu, and
 in full satisfaction, of any amounts which the authority would otherwise
 be entitled to receive under section 18-b of the transportation law.
   Notwithstanding  the  reporting  date provision of section 17-a of the
 transportation law, the reports of each regional transportation authori-
 ty and other major public transportation systems receiving  mass  trans-
 portation  operating  assistance shall be submitted on or before July 15
 of each year in the format prescribed by the commissioner of transporta-
 tion. Copies of such reports shall also be filed with  the  chairpersons
 of  the senate finance committee and the assembly ways and means commit-
 tee and the director of the budget. The commissioner  of  transportation
 may withhold future state operating assistance payments to public trans-
 portation systems or private operators that do not provide such reports.
   Payments may be made in quarterly installments as provided in subdivi-
 sion 2 of section 18-b of the transportation law or in such other manner
 and  at such other times as the commissioner of transportation, with the
 approval of the director of the budget, may provide; and  where  payment
 is  not  made in the manner provided by such subdivision 2, the matching
 payments required of any city, county, Indian  tribe  or  intercity  bus
 company  shall  be made within 30 days of the payment of state operating
 assistance pursuant to this section or on such other  basis  as  may  be
 agreed  upon  by the commissioner of transportation, the director of the
 budget, and the chief executive officer of  such  city,  county,  Indian
 tribe or intercity bus company.
   The commissioner of transportation shall be required to annually eval-
 uate the operating and financial performance of each major public trans-
 portation  system. Where the commissioner's evaluation process has iden-
 tified a problem related to system  performance,  the  commissioner  may
 S. 8008--A                         21                         A. 9008--A
 
 request the system to develop plans to address the performance deficien-
 cies. The commissioner of transportation may withhold future state oper-
 ating  assistance  payments  to public transportation systems or private
 operators that do not provide such operating, financial, or other infor-
 mation  as may be required by the commissioner to conduct the evaluation
 process.
   Payments shall be made contingent  upon  compliance  with  regulations
 deemed  necessary  and appropriate, as prescribed by the commissioner of
 transportation and approved by the director of the budget,  which  shall
 promote the economy, efficiency, utility, effectiveness, and coordinated
 service  delivery  of public transportation systems. The chief executive
 officer of each public transportation system receiving a  payment  shall
 certify  to  the commissioner of transportation, in addition to informa-
 tion required by section 18-b of  the  transportation  law,  such  other
 information  as  the  commissioner  of transportation shall determine is
 necessary to determine compliance and carry out the purposes herein.
   Counties, municipalities or Indian tribes  that  propose  to  allocate
 service payments to operators on a basis other than the amount earned by
 the  service  payment formula shall be required to describe the proposed
 method of distributing governmental operating  aid  and  submit  it  one
 month  prior  to  the start of the operator's fiscal year to the commis-
 sioner of transportation in writing for review and approval prior to the
 distribution of state aid. The commissioner of transportation shall only
 approve alternate distribution methods which  are  consistent  with  the
 transportation  needs  of  the  people  to be served and ensure that the
 system of private operators does not exceed established maximum  service
 payment  limits.  Copies  of  such  approvals  shall be submitted to the
 chairpersons of the senate finance and assembly ways and  means  commit-
 tees.
   Notwithstanding the provisions of subdivision 4 of section 18-b of the
 transportation  law, the commissioner of transportation is authorized to
 continue to use prior quarter statistics to  determine  current  quarter
 payment  amounts,  as initiated in the April to June quarter of 1981. In
 the event that actual revenue passengers  and  actual  total  number  of
 vehicle, nautical or car miles are not available for the preceding quar-
 ter,  estimated  statistics  may  be  used  as the basis of payment upon
 approval by the commissioner  of  transportation.  In  such  event,  the
 succeeding  payment  shall be adjusted to reflect the difference between
 the actual and estimated total number of revenue passengers and vehicle,
 nautical or car miles used as the basis of the  estimated  payment.  The
 chief executive officer may apply for less aid than the system is eligi-
 ble  to receive. Each quarterly payment shall be attributable to operat-
 ing expenses incurred during the quarter in which it is received, unless
 otherwise specified by such commissioner.  In the event  that  a  public
 transportation  system  ceases  to participate in the program, operating
 assistance due for the final quarter that service is provided  shall  be
 based  upon the actual total number of revenue passengers and the actual
 total number of vehicle, nautical or car miles carried during that quar-
 ter.
   Payments shall be contingent on  compliance  with  audit  requirements
 determined by the commissioner of transportation.
   In  the  event  that  an  audit  of  a public transportation system or
 private operator receiving funds discloses the existence of an  overpay-
 ment  of state operating assistance, regardless of whether such an over-
 payment results from an audit  of  revenue  passengers  and  the  actual
 number of revenue vehicle miles statistics, or an audit of private oper-
 S. 8008--A                         22                         A. 9008--A
 
 ators  in  cases  where more than a reasonable return based on equity or
 operating revenues and expenses has resulted, the commissioner of trans-
 portation, in addition to  recovering  the  amount  of  state  operating
 assistance  overpaid,  shall  also  recover  interest, as defined by the
 department of taxation and finance, on the amount of the overpayment.
   Notwithstanding any other law, rule or  regulation  to  the  contrary,
 whenever  the  commissioner  of  transportation is notified by the comp-
 troller that the amount  of  revenues  available  for  payment  from  an
 account is less than the total amount of money for which the public mass
 transportation  systems  are  eligible  pursuant  to  the  provisions of
 section 88-a of the state finance law and any appropriations enacted for
 these purposes, the commissioner of  transportation  shall  establish  a
 maximum payment limit which is proportionally lower than the amounts set
 forth in appropriations.
   Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
 of  the state finance law and any other general or special law, payments
 may be made in quarterly installments or in such  other  manner  and  at
 such  other  times  as  the  commissioner  of  transportation,  with the
 approval of the director of the budget may prescribe.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2022.

                                  PART F
 
   Section 1. Subdivision 1 of section 359 of the public authorities law,
 as amended by section 6 of part TT of chapter 54 of the laws of 2016, is
 amended to read as follows:
   1.  On assuming jurisdiction of a thruway section or connection or any
 part thereof, or of a highway connection, the  authority  shall  proceed
 with  the  construction, reconstruction or improvement thereof. All such
 work shall be done pursuant to a contract or contracts  which  shall  be
 let  to  the  lowest  responsible  bidder,  by sealed proposals publicly
 opened, OR BY ELECTRONICALLY SECURE PROPOSAL SUBMISSION AS PERMITTED  BY
 THE  AUTHORITY  AND  ELECTRONICALLY POSTED FOR PUBLIC VIEW, after public
 advertisement and upon such terms and conditions as the authority  shall
 require;  provided,  however,  that the authority may reject any and all
 proposals and may advertise for new proposals, as herein provided, if in
 its opinion, the  best  interests  of  the  authority  will  thereby  be
 promoted; provided further, however, that at the request of the authori-
 ty,  all  or  any  portion  of  such work, together with any engineering
 required by the authority in connection therewith, shall be performed by
 the commissioner and his subordinates in the department  of  transporta-
 tion as agents for, and at the expense of, the authority.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section  1. Section 359-a of the public authorities law, as amended by
 section 7 of part TT of chapter 54 of the laws of 2016,  is  amended  to
 read as follows:
   §  359-a.  Procurement  contracts. For the purposes of section twenty-
 eight hundred seventy-nine of this chapter as applied to the  authority,
 the term "procurement contract" shall mean any written agreement for the
 acquisition  of  goods  or  services of any kind by the authority in the
 actual or estimated amount of [fifteen] FIFTY thousand dollars or  more.
 S. 8008--A                         23                         A. 9008--A
 
 THE  AUTHORITY MAY UTILIZE A PROCUREMENT CONTRACT LET BY ANY DEPARTMENT,
 AGENCY OR INSTRUMENTALITY OF THE UNITED  STATES  GOVERNMENT  AND/OR  ANY
 DEPARTMENT,  AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY OF
 ANY  STATE  OR  STATES.  THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
 RECORD ITS RATIONALE FOR THE USE OF  SUCH  A  CONTRACT.  SUCH  RATIONALE
 SHALL  INCLUDE,  BUT  NEED NOT BE LIMITED TO, A DETERMINATION OF NEED, A
 CONSIDERATION OF THE  PROCUREMENT  METHOD  BY  WHICH  THE  CONTRACT  WAS
 AWARDED,  AN  ANALYSIS  OF  ALTERNATIVE PROCUREMENT SOURCES INCLUDING AN
 EXPLANATION WHY A COMPETITIVE PROCUREMENT OR THE USE  OF  A  CENTRALIZED
 CONTRACT  LET  BY  THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES IS
 NOT IN THE BEST INTEREST OF THE AUTHORITY,  AND  THE  REASONABLENESS  OF
 COST.    THE  AUTHORITY SHALL ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT
 DUE THE VENDOR OR CONTRACTOR AS A RESULT OF THE AUTHORITY'S USE  OF  THE
 CONTRACT.
   § 2. This act shall take effect immediately.
 
                                  PART H

   Section  1.  Subdivision  1  of section 1264 of the public authorities
 law, as amended by section 2 of subpart B of part ZZZ of chapter  59  of
 the laws of 2019, is amended to read as follows:
   1.  The  purposes  of  the authority shall be the continuance, further
 development  and  improvement  of  commuter  transportation  and   other
 services related thereto within the metropolitan commuter transportation
 district,  including but not limited to such transportation by railroad,
 omnibus, marine and air, in  accordance  with  the  provisions  of  this
 title. It shall be the further purpose of the authority, consistent with
 its  status  as  the  ex officio board of both the New York city transit
 authority and the triborough bridge and tunnel authority, to develop and
 implement a unified mass transportation policy for such district  in  an
 efficient  and  cost-effective  manner  that includes the use of design-
 build contracting on all projects over [twenty-five] TWO HUNDRED million
 dollars in cost FOR NEW CONSTRUCTION AND ALL PROJECTS OVER FOUR  HUNDRED
 MILLION  DOLLARS  IN  COST FOR PROJECTS THAT ARE PREDOMINANTLY REHABILI-
 TATION OR REPLACEMENT OF EXISTING ASSETS except where a waiver is grant-
 ed by the New York state budget director pursuant to a request in  writ-
 ing  from  the  metropolitan  transportation  authority. For purposes of
 granting a waiver pursuant to this section, such review  shall  consider
 whether  the  design  build  contracting  method  is appropriate for the
 project that such waiver is sought for, and the amount  of  savings  and
 efficiencies that could be achieved using such method. The determination
 for  such  waiver  shall  be made in writing within forty-five days from
 request or shall be deemed granted.
   § 2. This act shall take effect immediately.
 
                                  PART I
 
   Section 1. Paragraph (b) of subdivision  7  of  section  1209  of  the
 public authorities law, as amended by section 3 of subpart C of part ZZZ
 of chapter 59 of the laws of 2019, is amended to read as follows:
   (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
 apply to the authority's acquisition of goods or services of  any  kind,
 in  the  actual or estimated amount of fifteen thousand dollars or more,
 provided that (i) a contract for services in  the  actual  or  estimated
 amount  of one million dollars or less shall not require approval by the
 board of the authority regardless of the length of the period over which
 S. 8008--A                         24                         A. 9008--A
 
 the services are rendered, and provided  further  that  a  contract  for
 services  in  the  actual  or  estimated amount in excess of one million
 dollars shall require approval by the board of the authority  regardless
 of  the length of the period over which the services are rendered unless
 such a contract is  awarded  to  the  lowest  responsible  bidder  after
 obtaining  sealed bids and (ii) the board of the authority may by resol-
 ution adopt guidelines that authorize the award of  contracts  to  small
 business  concerns,  to service disabled veteran owned businesses certi-
 fied pursuant to article seventeen-B of the executive law,  or  minority
 or  women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, or purchases of goods or technology that
 are recycled or remanufactured, in an amount not to exceed  one  million
 FIVE  HUNDRED  THOUSAND dollars without a formal competitive process and
 without further board approval. The board of the authority  shall  adopt
 guidelines  which  shall  be made publicly available for the awarding of
 such contract without a formal competitive process.
   § 2. Paragraph (a) of subdivision 8 of  section  1209  of  the  public
 authorities  law,  as  amended  by  chapter  725 of the laws of 1993, is
 amended to read as follows:
   (a) Advertisement for bids, when required by this  section,  shall  be
 published  at  least  once  in a newspaper of general circulation in the
 area served by the authority and in the procurement opportunities  news-
 letter  published pursuant to article four-C of the economic development
 law provided that, notwithstanding the provisions of article  four-C  of
 the  economic  development  law, an advertisement shall only be required
 when required by this section. Publication in  a  newspaper  of  general
 circulation in the area served or in the procurement opportunities news-
 letter shall not be required if bids for contracts for supplies, materi-
 als  or equipment are of a type regularly purchased by the authority and
 are to be solicited from a list of potential suppliers, if such list  is
 or  has  been  developed  consistent  with the provisions of subdivision
 eleven of this section. Any such advertisement shall contain a statement
 of: (i) the time and place where bids received pursuant  to  any  notice
 requesting  sealed  bids will be publicly opened and read; (ii) the name
 of the contracting agency; (iii)  the  contract  identification  number;
 (iv)  a  brief  description  of the public work, supplies, materials, or
 equipment sought, the location where work is to be performed, goods  are
 to  be  delivered  or  services  provided and the contract term; (v) the
 address where bids or proposals are to be submitted; (vi) the date  when
 bids  or  proposals  are  due; (vii) a description of any eligibility or
 qualification requirement or preference; (viii) a statement as to wheth-
 er the contract requirements may be fulfilled by a subcontracting, joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful to potential contractors; and (x) the name,  address,  and  tele-
 phone  number  of the person to be contacted for additional information.
 At least [fifteen] TEN business days  shall  elapse  between  the  first
 publication  of  such  advertisement or the solicitation of bids, as the
 case may be, and the date of opening and reading of bids  PROVIDED  THAT
 AT  LEAST  FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
 TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE  MAY
 BE,  AND  THE  DATE  OF  OPENING  AND  READING  OF  BIDS FOR PUBLIC WORK
 CONTRACTS.
   § 3. Paragraph (e) of subdivision 9 of  section  1209  of  the  public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
 S. 8008--A                         25                         A. 9008--A
 
   (e)  the  item  is  available  through an existing contract [between a
 vendor and (i) another public authority provided that such other author-
 ity utilized a process of competitive bidding or a  process  of  compet-
 itive requests for proposals to award such contract or (ii) the state of
 New  York  or  the  city of New York, provided that in any case when the
 authority under this  paragraph  determines  that  obtaining  such  item
 thereby  would  be in the public interest and sets forth the reasons for
 such determination] LET BY ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY  OF
 THE  UNITED  STATES  GOVERNMENT  AND/OR  ANY DEPARTMENT, AGENCY, OFFICE,
 POLITICAL SUBDIVISION OR INSTRUMENTALITY OF ANY  STATE  OR  STATES.  THE
 AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT RECORD ITS RATIONALE FOR THE
 USE  OF  SUCH A CONTRACT.  SUCH RATIONALE SHALL INCLUDE, BUT NEED NOT BE
 LIMITED TO, A DETERMINATION OF NEED, A CONSIDERATION OF THE  PROCUREMENT
 METHOD  BY  WHICH  THE  CONTRACT WAS AWARDED, AN ANALYSIS OF ALTERNATIVE
 PROCUREMENT SOURCES INCLUDING AN EXPLANATION WHY A COMPETITIVE  PROCURE-
 MENT OR THE USE OF A CENTRALIZED CONTRACT LET BY THE COMMISSIONER OF THE
 OFFICE OF GENERAL SERVICES IS NOT IN THE BEST INTEREST OF THE AUTHORITY,
 AND  THE REASONABLENESS OF COST. The authority shall accept sole respon-
 sibility for any payment due the vendor as a result of  the  authority's
 order; or
   §  4. Subdivision 10 of section 1209 of the public authorities law, as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10. Upon the adoption of a resolution by the  authority  stating,  for
 reasons  of  efficiency, economy, compatibility or maintenance reliabil-
 ity, that there is a need for standardization, the authority may  estab-
 lish  procedures whereby particular supplies, materials or equipment are
 identified on a qualified products list. Such procedures  shall  provide
 for  products  or  vendors  to be added to or deleted from such list and
 shall include provisions for public advertisement of the manner in which
 such lists are compiled. The authority shall review such  list  no  less
 than  [twice] ONCE a year for the purpose of making modifications there-
 to.  Contracts for particular supplies, materials or  equipment  identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this  section  or  without competitive sealed bids in instances when the
 item is available from only a single source, except that  the  authority
 may dispense with advertising provided that it mails copies of the invi-
 tation  to  bid  to  all vendors of the particular item on the qualified
 products list.
   § 5. Paragraph (b) of subdivision 2 of section 1265-a  of  the  public
 authorities  law,  as amended by section 3-a of subpart C of part ZZZ of
 chapter 59 of the laws of 2019, is amended to read as follows:
   (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
 apply  to  the authority's acquisition of goods or services of any kind,
 in the actual or estimated amount of fifteen thousand dollars  or  more,
 provided  (i)  that  a  contract for services in the actual or estimated
 amount of one million dollars or less shall not require approval by  the
 board of the authority regardless of the length of the period over which
 the  services  are  rendered,  and  provided further that a contract for
 services in the actual or estimated amount  in  excess  of  one  million
 dollars  shall require approval by the board of the authority regardless
 of the length of the period over which the services are rendered  unless
 such  a  contract  is  awarded  to  the  lowest responsible bidder after
 obtaining sealed bids, and (ii) the board of the authority may by resol-
 ution adopt guidelines that authorize the award of  contracts  to  small
 business  concerns,  to service disabled veteran owned businesses certi-
 S. 8008--A                         26                         A. 9008--A
 
 fied pursuant to article seventeen-B of the executive law,  or  minority
 or  women-owned  business  enterprises  certified  pursuant  to  article
 fifteen-A of the executive law, or purchases of goods or technology that
 are  recycled  or remanufactured, in an amount not to exceed one million
 FIVE HUNDRED THOUSAND dollars without a formal competitive  process  and
 without  further  board approval. The board of the authority shall adopt
 guidelines which shall be made publicly available for  the  awarding  of
 such contract without a formal competitive process.
   §  6.  Paragraph  (a) of subdivision 3 of section 1265-a of the public
 authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
 amended to read as follows:
   (a)  Advertisement  for  bids, when required by this section, shall be
 published at least once in a newspaper of  general  circulation  in  the
 area  served by the authority and in the procurement opportunities news-
 letter published pursuant to article four-C of the economic  development
 law  provided  that, notwithstanding the provisions of article four-C of
 the economic development law, an advertisement shall  only  be  required
 for  a  purchase  contract  for  supplies,  materials  or equipment when
 required by this section. Publication in a newspaper of  general  circu-
 lation in the area served or in the procurement opportunities newsletter
 shall  not  be required if bids for contracts for supplies, materials or
 equipment are of a type regularly purchased by the authority and are  to
 be  solicited from a list of potential suppliers, if such list is or has
 been developed consistent with the provisions of subdivision six of this
 section. Any such advertisement shall contain a statement  of:  (i)  the
 time  and  place  where  bids received pursuant to any notice requesting
 sealed bids will be publicly opened and  read;  (ii)  the  name  of  the
 contracting  agency;  (iii)  the  contract identification number; (iv) a
 brief description of the public work, supplies, materials, or  equipment
 sought,  the  location  where  work  is to be performed, goods are to be
 delivered or services provided and the contract term;  (v)  the  address
 where  bids or proposals are to be submitted; (vi) the date when bids or
 proposals are due; (vii) a description of any eligibility or  qualifica-
 tion  requirement  or  preference;  (viii) a statement as to whether the
 contract requirements  may  be  fulfilled  by  a  subcontracting,  joint
 venture, or co-production arrangement; (ix) any other information deemed
 useful  to  potential  contractors; and (x) the name, address, and tele-
 phone number of the person to be contacted for  additional  information.
 At  least  [fifteen]  TEN  business  days shall elapse between the first
 publication of such advertisement or the solicitation of  bids,  as  the
 case  may  be, and the date of opening and reading of bids PROVIDED THAT
 AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE  FIRST  PUBLICA-
 TION  OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
 BE, AND THE DATE  OF  OPENING  AND  READING  OF  BIDS  FOR  PUBLIC  WORK
 CONTRACTS.
   §  7.  Paragraph  (e) of subdivision 4 of section 1265-a of the public
 authorities law, as added by chapter 929 of the laws of 1986, is amended
 to read as follows:
   (e) the item is available through  an  existing  contract  [between  a
 vendor and (i) another public authority provided that such other author-
 ity  utilized  a  process of competitive bidding or a process of compet-
 itive requests for proposals to award  such  contracts  or  (ii)  Nassau
 county,  or  (iii)  the  state of New York or (iv) the city of New York,
 provided that in any case when under this paragraph the authority deter-
 mines that obtaining such item thereby would be in the  public  interest
 and  sets  forth  the reasons for such determination] LET BY ANY DEPART-
 S. 8008--A                         27                         A. 9008--A
 
 MENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES  GOVERNMENT  AND/OR
 ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION OR INSTRUMENTALITY
 OF  ANY STATE OR STATES. THE AUTHORITY SHALL DOCUMENT IN THE PROCUREMENT
 RECORD  ITS  RATIONALE  FOR  THE USE OF SUCH A CONTRACT.  SUCH RATIONALE
 SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, A DETERMINATION  OF  NEED,  A
 CONSIDERATION  OF  THE  PROCUREMENT  METHOD  BY  WHICH  THE CONTRACT WAS
 AWARDED, AN ANALYSIS OF ALTERNATIVE  PROCUREMENT  SOURCES  INCLUDING  AN
 EXPLANATION  WHY  A  COMPETITIVE PROCUREMENT OR THE USE OF A CENTRALIZED
 CONTRACT LET BY THE COMMISSIONER OF THE OFFICE OF  GENERAL  SERVICES  IS
 NOT  IN  THE  BEST  INTEREST OF THE AUTHORITY, AND THE REASONABLENESS OF
 COST. The authority shall accept sole responsibility for any payment due
 the vendor as a result of the authority's order; or
   § 8. Subdivision 5 of section 1265-a of the public authorities law, as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   5. Upon the adoption of a resolution by  the  authority  stating,  for
 reasons  of  efficiency, economy, compatibility or maintenance reliabil-
 ity, that there is a need for standardization, the authority may  estab-
 lish  procedures whereby particular supplies, materials or equipment are
 identified on a qualified products list. Such procedures  shall  provide
 for  products  or  vendors  to be added to or deleted from such list and
 shall include provisions for public advertisement of the manner in which
 such lists are compiled. The authority shall review such  list  no  less
 than  [twice]  ONCE a year for the purpose of making such modifications.
 Contracts for particular supplies, materials or equipment identified  on
 a  qualified products list may be awarded by the authority to the lowest
 responsible bidder after obtaining sealed bids in accordance  with  this
 section or without competitive sealed bids in instances when the item is
 available  from  only  a  single  source,  except that the authority may
 dispense with advertising provided that it mails copies of  the  invita-
 tion  to  bid  to  all  vendors  of the particular item on the qualified
 products list.
   § 9. This act shall take effect immediately; provided,  however,  that
 the  amendments to paragraph (b) of subdivision 7 of section 1209 of the
 public authorities law made by section one of this act shall not  affect
 the  expiration of such subdivision and shall be deemed to expire there-
 with; and provided further, however, that the  amendments  to  paragraph
 (b)  of  subdivision  2  of section 1265-a of the public authorities law
 made by section five of this act shall not affect the expiration of such
 paragraph and shall be deemed to expire therewith.
 
                                  PART J

   Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
 amending the general municipal law relating  to  the  New  York  transit
 authority  and  the metropolitan transportation authority, as amended by
 section 1 of part K of chapter 58 of the laws of  2020,  is  amended  to
 read as follows:
   §  3. This act shall take effect immediately; provided that the amend-
 ments to subdivision 1 of section 119-r of  the  general  municipal  law
 made  by  section  two  of  this act shall expire and be deemed repealed
 April 1, [2022] 2032, and provided further that such  repeal  shall  not
 affect the validity or duration of any contract entered into before that
 date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART K
 S. 8008--A                         28                         A. 9008--A
 
   Section  1.   Section 1266 of the public authorities law is amended by
 adding a new subdivision 12-b to read as follows:
   12-B.  WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT, CONSTRUCTION,
 RECONSTRUCTION  OR  REHABILITATION  OF  A  TRANSPORTATION  FACILITY  THE
 AUTHORITY  DETERMINES  THAT  THE PIPES, MAINS, CONDUITS OR OTHER INFRAS-
 TRUCTURE OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES  AND  APPLI-
 ANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST BE REMOVED, RELOCATED
 OR  OTHERWISE  PROTECTED  OR REPLACED, EITHER TEMPORARILY OR PERMANENTLY
 ("THE REQUIRED WORK"), THE FOLLOWING PROVISIONS SHALL APPLY.
   (A) THE DESIGN FOR THE REQUIRED WORK MAY BE PREPARED BY THE  AUTHORITY
 OR  THE  AUTHORITY'S  CONTRACTOR.  SUCH  DESIGNS SHALL BE SUBJECT TO THE
 REVIEW AND APPROVAL OF THE PUBLIC SERVICE CORPORATION, WHICH  SHALL  NOT
 BE  UNREASONABLY  WITHHELD.  SUCH REVIEW AND APPROVAL SHALL BE COMPLETED
 WITHIN A REASONABLE PERIOD OF TIME AS MAY BE DETERMINED BY THE AUTHORITY
 AFTER CONSULTATION WITH THE PUBLIC SERVICE CORPORATION.
   (B) IN REVIEWING AND APPROVING DESIGNS FOR THE REQUIRED WORK, A PUBLIC
 SERVICE CORPORATION MAY NOT REQUIRE THE AUTHORITY TO PROVIDE FOR  ANTIC-
 IPATED  FUTURE  SERVICE  INCREASES  OR  OTHER BETTERMENTS, OTHER THAN TO
 COMPLY WITH CURRENT STANDARDS OR ENSURE RELIABILITY AS DETERMINED BY THE
 DEPARTMENT OF PUBLIC SERVICE, WITHOUT THE AUTHORITY'S  AGREEMENT,  WHICH
 SHALL NOT BE UNREASONABLY WITHHELD.
   (C)  WHERE  THE  PUBLIC  SERVICE  CORPORATION  DETERMINES THAT IT WILL
 PERFORM ANY PORTION OF THE REQUIRED WORK, THAT PORTION OF  THE  REQUIRED
 WORK  SHALL  BE  PERFORMED  ACCORDING  TO  A  SCHEDULE DETERMINED BY THE
 AUTHORITY  AFTER  CONSULTATION  WITH  THE  PUBLIC  SERVICE  CORPORATION,
 PROVIDED THAT THE SCHEDULE IS REASONABLE AND PRACTICABLE.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately  amended  by chapters 268 and 281 of the laws of 2016, is amended
 to read as follows:
   11. With intent to cause physical injury to a train  operator,  ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS, OR OTHER FARE PAYMENT MEDIA FOR USE ON A    TRAIN  OR  BUS;  A
 PERSON   WHOSE   OFFICIAL   DUTIES   INCLUDE  THE  MAINTENANCE,  REPAIR,
 INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A  TRANSIT  SIGNAL
 SYSTEM,  ELEVATED  OR  UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUC-
 TURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN  YARD,  REVENUE  TRAIN  IN
 PASSENGER  SERVICE,  BUS WHILE ON THE ROAD, OR A TRAIN OR BUS STATION OR
 TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by any transit  OR
 COMMUTER RAILROAD agency, authority or company, public or private, whose
 operation is authorized by New York state or any of its political subdi-
 visions,  a  city marshal, a school crossing guard appointed pursuant to
 section two hundred eight-a of the  general  municipal  law,  a  traffic
 enforcement officer, traffic enforcement agent, prosecutor as defined in
 subdivision  thirty-one  of  section 1.20 of the criminal procedure law,
 sanitation enforcement agent, New York city  sanitation  worker,  public
 health  sanitarian,  New  York city public health sanitarian, registered
 nurse, licensed practical nurse, emergency medical service paramedic, or
 emergency medical service technician, he or she causes  physical  injury
 to  such  train operator, ticket inspector, conductor, signalperson, bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 S. 8008--A                         29                         A. 9008--A
 
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE,  REPAIR,  INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING OF A
 TRANSIT SIGNAL SYSTEM, ELEVATED OR UNDERGROUND  SUBWAY  TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE,  BUS WHILE ON THE ROAD, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH  PERSONNEL,  city  marshal,
 school  crossing guard appointed pursuant to section two hundred eight-a
 of the general  municipal  law,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician,  while  such  employee is performing an assigned duty on, or
 directly related to, the operation of a train or  bus,  [including  the]
 cleaning of a train or bus station or terminal, ASSISTING CUSTOMERS, THE
 SALE OR COLLECTION OF TICKETS, PASSES, VOUCHERS, OR OTHER FARE MEDIA FOR
 USE  ON  A  TRAIN  OR  BUS,  OR MAINTENANCE OF A TRAIN OR BUS STATION OR
 TERMINAL, SIGNAL SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT
 STATION STRUCTURE, COMMUTER RAIL TRACKS OR STATIONS, TRAIN YARD, REVENUE
 TRAIN  IN  PASSENGER  SERVICE  OR  BUS  WHILE  ON THE ROAD, or such city
 marshal, school crossing guard,  traffic  enforcement  officer,  traffic
 enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
 section 1.20 of the criminal procedure law, registered  nurse,  licensed
 practical  nurse,  public health sanitarian, New York city public health
 sanitarian, sanitation enforcement agent, New York city sanitation work-
 er, emergency medical service paramedic, or  emergency  medical  service
 technician is performing an assigned duty; or
   § 2. Section 240.30 of the penal law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A.  STRIKES,  SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER PERSON TO
 PHYSICAL CONTACT, WHICH INCLUDES SPITTING ON SUCH OTHER PERSON, AND SUCH
 OTHER PERSON IS AN ON-DUTY TRAIN OPERATOR; TICKET INSPECTOR;  CONDUCTOR;
 SIGNALPERSON;  BUS  OPERATOR;  STATION  AGENT; STATION CLEANER; TERMINAL
 CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE  OFFICIAL  DUTIES
 INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES, VOUCHERS OR OTHER
 FARE PAYMENT MEDIA FOR USE ON A TRAIN  OR  BUS;  PERSON  WHOSE  OFFICIAL
 DUTIES  INCLUDE  THE  MAINTENANCE,  REPAIR, INSPECTION, TROUBLESHOOTING,
 TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR  UNDERGROUND
 SUBWAY  TRACKS,  TRANSIT  STATION  STRUCTURE,  COMMUTER  RAIL  TRACKS OR
 STATIONS, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, BUS  WHILE  ON
 THE  ROAD,  OR TRAIN OR BUS STATION OR TERMINAL, OR A SUPERVISOR OF SUCH
 PERSONNEL, EMPLOYED BY ANY TRANSIT OR COMMUTER RAILROAD AGENCY, AUTHORI-
 TY OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED  BY  NEW
 YORK STATE OR ANY OF ITS POLITICAL SUBDIVISIONS; OR
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART M
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 1111-c-1 to read as follows:
   § 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
 OPERATION-RELATED  LOCAL  LAW  OR  REGULATION  TRAFFIC RESTRICTIONS. (A)
 S. 8008--A                         30                         A. 9008--A
 
 NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  THIS  SECTION, THE CITY OF NEW YORK IS HEREBY AUTHORIZED
 AND EMPOWERED TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
 FAILURE  OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE LOCAL LAWS
 AND REGULATIONS OF THE CITY OF NEW YORK REGARDING BUS  OPERATION-RELATED
 TRAFFIC  RESTRICTIONS.  THE  DEPARTMENT OF TRANSPORTATION OF THE CITY OF
 NEW YORK AND/OR AN APPLICABLE MASS TRANSIT AGENCY, SHALL  OPERATE  PHOTO
 DEVICES  THAT  MAY  BE  STATIONARY  OR  MOBILE AND SHALL BE ACTIVATED AT
 LOCATIONS DETERMINED BY SUCH  DEPARTMENT  OF  TRANSPORTATION  AND/OR  ON
 BUSES SELECTED BY THE APPLICABLE MASS TRANSIT AGENCY.
   (B)  ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSI-
 BLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRAN-
 SIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
 DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS.  ANY  MOBILE
 BUS  PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH
 BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN  VIOLATION  OF  THE  LOCAL
 LAWS AND REGULATIONS RELATING TO BUS OPERATION TRAFFIC RESTRICTIONS, AND
 IMAGES  PRODUCED  BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE
 IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED.
   (C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES  TO  PROTECT
 THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
 TITY  AND  IDENTIFYING  INFORMATION  MAY  BE  CAPTURED BY A PHOTO DEVICE
 PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
   1. UTILIZATION OF NECESSARY TECHNOLOGIES  TO  ENSURE,  TO  THE  EXTENT
 PRACTICABLE,  THAT  IMAGES  PRODUCED  BY  SUCH  PHOTO  DEVICES SHALL NOT
 INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
 OF A VEHICLE, PROVIDED, HOWEVER, THAT  NO  NOTICE  OF  LIABILITY  ISSUED
 PURSUANT  TO  THIS  SECTION  SHALL  BE DISMISSED SOLELY BECAUSE AN IMAGE
 ALLOWS FOR THE IDENTIFICATION OF THE DRIVER,  THE  PASSENGERS  OR  OTHER
 CONTENTS OF A VEHICLE;
   2.  A  PROHIBITION  ON  THE  USE OR DISSEMINATION OF VEHICLES' LICENSE
 PLATE INFORMATION AND OTHER INFORMATION AND  IMAGES  CAPTURED  BY  PHOTO
 DEVICES EXCEPT:
   (I)  AS  REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
 PAYMENT OF PENALTIES;
   (II) AS REQUIRED BY COURT ORDER;
   (III) AS REQUIRED PURSUANT TO A SEARCH WARRANT  ISSUED  IN  ACCORDANCE
 WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
   (IV) AS OTHERWISE REQUIRED BY LAW;
   3.  THE  INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
 REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES  STATING  THAT  MOBILE
 AND  STATIONARY  PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
 TO BUS OPERATION  TRAFFIC  RESTRICTIONS  INCLUDING  STOPPING,  STANDING,
 PARKING AND TURNING MOVEMENTS; AND
   4.   OVERSIGHT  PROCEDURES  TO  ENSURE  COMPLIANCE  WITH  THE  PRIVACY
 PROTECTION MEASURES UNDER THIS SUBDIVISION.
   (D) WARNING NOTICES OF VIOLATION SHALL  BE  ISSUED  DURING  THE  FIRST
 SIXTY  DAYS  THAT  PHOTO  DEVICE ENFORCEMENT PURSUANT TO THIS SECTION IS
 ACTIVE.
   (E) THE OWNER OF A VEHICLE SHALL  BE  LIABLE  FOR  A  PENALTY  IMPOSED
 PURSUANT  TO  THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
 PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY  APPLI-
 CABLE BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC RESTRICTIONS
 AND  SUCH  VIOLATION  IS  EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO
 DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE  FOR
 A  PENALTY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
 S. 8008--A                         31                         A. 9008--A
 
 VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUCH  APPLICA-
 BLE LOCAL LAW OR REGULATION.
   (F)  FOR  PURPOSES  OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
 CHAPTER.
   2.  "PHOTO  DEVICE"  SHALL  MEAN A MOBILE OR STATIONARY DEVICE THAT IS
 CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
 ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION  OF
 AN APPLICABLE LOCAL LAW OR REGULATION.
   3.  "APPLICABLE  BUS OPERATION-RELATED LOCAL LAW OR REGULATION TRAFFIC
 RESTRICTIONS" SHALL MEAN THE RESTRICTIONS SET FORTH IN CHAPTER  FOUR  OF
 TITLE  THIRTY-FOUR  OF  THE  RULES OF THE CITY OF NEW YORK AFFECTING BUS
 OPERATIONS INCLUDING BUT  NOT  LIMITED  TO  THE  FOLLOWING:  4-08(F)(4),
 GENERAL NO STANDING ZONES, BUS LANES; 4-08(C)(3), VIOLATION OF POSTED NO
 STANDING  RULES  PROHIBITED,  BUS  STOP; 4-08(F)(1), GENERAL NO STANDING
 ZONES, DOUBLE PARKING; 4-08(K)(2), SPECIAL RULES  FOR  COMMERCIAL  VEHI-
 CLES,  NO  STANDING  EXCEPT TRUCKS LOADING AND UNLOADING; 4-07(B)(1) AND
 4-08(E)(11), STOPPING PROHIBITED; 4-08(E)(4), GENERAL NO STOPPING ZONES,
 INTERSECTIONS;  4-08(E)(5),  GENERAL  NO  STOPPING  ZONES,   CROSSWALKS;
 4-08(E)(12),  GENERAL  NO  STOPPING ZONES, OBSTRUCTING TRAFFIC AT INTER-
 SECTION; AND 4-05 AND 4-07(H)(2), TURNS.
   4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
 ASSOCIATION  OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
 ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE  OR
 OTHERWISE,  WHEREIN  THE  SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
 SAID VEHICLE FOR ANY PERIOD OF TIME.
   5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP,  AGENCY,
 ASSOCIATION  OR  ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
 THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE  USE  THEREOF  FOR
 ANY PERIOD OF TIME.
   (G)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE  THERE-
 OF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER  RECORDED  IMAGES PRODUCED BY A PHOTO DEVICE, SHALL BE PRIMA FACIE
 EVIDENCE OF THE FACTS CONTAINED THEREIN.  ANY  PHOTOGRAPHS,  MICROPHOTO-
 GRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
 SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING  TO  ADJUDICATE  THE
 LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
   (H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
 FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
 TIES  PROMULGATED  BY  THE  PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
 YORK; PROVIDED, HOWEVER, THAT  THE  MONETARY  PENALTY  FOR  VIOLATING  A
 PROVISION OF LOCAL LAW OR REGULATION OF THE CITY OF NEW YORK RELATING TO
 STOPPING,  STANDING, PARKING AND TURNING MOVEMENT VIOLATIONS PURSUANT TO
 THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR  A  FIRST  OFFENSE,  ONE
 HUNDRED  DOLLARS  FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE
 HUNDRED FIFTY DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH  PERIOD,
 TWO  HUNDRED  DOLLARS FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD,
 AND TWO HUNDRED FIFTY DOLLARS  FOR  EACH  SUBSEQUENT  OFFENSE  WITHIN  A
 TWELVE-MONTH  PERIOD;  AND  PROVIDED,  FURTHER,  THAT  AN OWNER SHALL BE
 LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE  DOLLARS  FOR
 EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
 IN THE PRESCRIBED TIME PERIOD.
   (I)  AN  IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
 DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
 S. 8008--A                         32                         A. 9008--A
 
 OPERATING  RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
 SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
 CLE INSURANCE COVERAGE.
   (J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
 FIRST  CLASS  MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
 VIOLATION UNDER THIS SECTION. PERSONAL DELIVERY TO THE OWNER  SHALL  NOT
 BE  REQUIRED.  A  MANUAL  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
 ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF  THE  FACTS
 CONTAINED IN SUCH RECORD OF MAILING.
   2.  A  NOTICE  OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN THE
 NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN  OWNER  FOR  A
 VIOLATION,  THE  REGISTRATION  NUMBER  OF  THE  VEHICLE INVOLVED IN SUCH
 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK  PLACE  INCLUDING  THE
 STREET  ADDRESS  OR  CROSS  STREETS,  ONE OR MORE IMAGES IDENTIFYING THE
 VIOLATION, THE DATE AND  TIME  OF  SUCH  VIOLATION,  THE  IDENTIFICATION
 NUMBER  OF  THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
 MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
 THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING  SUCH
 PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
   3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
 MATION  ADVISING  THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
 HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE.  SUCH  NOTICE
 OF  LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
 THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE  DEEMED
 AN  ADMISSION  OF  LIABILITY  AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
 THEREON.
   4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION  SHALL  BE  PREPARED
 AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
 OR  ANY  OTHER  ENTITY  AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
 NOTIFICATION OF VIOLATION.
   (K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION
 SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (L)  IF  AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
 TO THIS SECTION FOR ANY  TIME  PERIOD  DURING  WHICH  SUCH  VEHICLE  WAS
 REPORTED  TO  THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
 VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE  VEHICLE  HAD  BEEN
 REPORTED  TO  THE  POLICE  AS  STOLEN  PRIOR  TO  THE TIME THE VIOLATION
 OCCURRED AND HAD NOT BEEN  RECOVERED  BY  SUCH  TIME.  FOR  PURPOSES  OF
 ASSERTING  THE  DEFENSE  UNDER  THIS SUBDIVISION, IT SHALL BE SUFFICIENT
 THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
 BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF  NEW
 YORK.
   (M)  1.  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT  BE  LIABLE  FOR
 THE  VIOLATION OF AN APPLICABLE BUS OPERATION-RELATED LOCAL LAW OR REGU-
 LATION TRAFFIC RESTRICTION, PROVIDED THAT:
   (I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS  FILED  WITH  THE  PARKING
 VIOLATIONS  BUREAU  OF  THE  CITY  OF  NEW  YORK  IN ACCORDANCE WITH THE
 PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE  PARKING
 VIOLATIONS  BUREAU  OF  THE  CITY  OF NEW YORK OF THE DATE AND TIME OF A
 LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
 NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT  NAME
 AND  ADDRESS  OF  THE  LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
 LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER  ADDI-
 TIONAL  INFORMATION  CONTAINED  IN  THE  RENTAL, LEASE OR OTHER CONTRACT
 S. 8008--A                         33                         A. 9008--A
 
 DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
 LATIONS THAT MAY BE PROMULGATED FOR  SUCH  PURPOSE.  FAILURE  TO  TIMELY
 SUBMIT  SUCH  INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
 PRESCRIBED IN THIS SECTION.
   2.  WHERE  THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH (I)
 OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON  THE
 DATE  OF  SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
 FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT  TO  LIABILITY  FOR  SUCH
 VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
 ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
   (N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
 OPERATOR  OF  THE  VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
 MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
 CLE AT THE TIME OF SUCH VIOLATION.
   (O) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF AN APPLICABLE LOCAL LAW
 OR REGULATION.
   (P)  THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
 SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES  PURSUANT  TO
 THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
 THE  SPEAKER  OF  THE  ASSEMBLY  BY APRIL FIRST, WITHIN TWELVE MONTHS OF
 OPERATION OF SUCH PHOTO DEVICES AND EVERY  TWO  YEARS  THEREAFTER.  SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   1.  A  DESCRIPTION  OF  THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
 WERE USED UNDER THIS SECTION;
   2. THE TOTAL NUMBER OF VIOLATIONS UNDER THIS  SECTION  RECORDED  ON  A
 MONTHLY AND ANNUAL BASIS;
   3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
   4.  THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
 NOTICE OF LIABILITY UNDER THIS SECTION;
   5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
 OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
   6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF  NEW  YORK  AND
 ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
   7.  THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND ITS
 RESULTS;
   8. THE TOTAL NUMBER OF CAMERAS BY  TYPE  OF  CAMERA  USED  UNDER  THIS
 SECTION; AND
   9.  THE  TOTAL  COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY
 PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION.
   (Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED  PURSUANT  TO  THIS
 SECTION  FROM  MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF
 NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY  BASIS  TO
 BE  DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY
 TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT  TO  SECTION  TWELVE
 HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
   §  2.  The opening paragraph of section 14 of part II of chapter 59 of
 the laws of 2010, amending the vehicle and traffic law  and  the  public
 officers  law relating to establishing a bus rapid transit demonstration
 program to restrict the use of bus lanes by  means  of  bus  lane  photo
 devices,  as amended by section 2 of part D of chapter 39 of the laws of
 2019, is amended to read as follows:
   This act shall take effect on the ninetieth day after  it  shall  have
 become  a  law [and shall expire 15 years after such effective date when
 upon such date the provisions of this act shall be deemed repealed]; and
 S. 8008--A                         34                         A. 9008--A
 
 provided that any rules and regulations related to  this  act  shall  be
 promulgated on or before such effective date, provided that:
   § 3. This act shall take effect immediately; provided that section one
 of  this act shall take effect on the one hundred eightieth day after it
 shall have become a law. Effective immediately, the addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.
 
                                  PART N
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN THE  TOLLED  CENTRAL  BUSINESS
 DISTRICT  DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid payment of the lawful  charge  OR  TOLL  for  such  transportation
 service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
 TOLL HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL OR FOR  SUCH  ENTERING  OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts  to  obtain  such  service OR TO USE ANY TOLL HIGHWAY, PARKWAY,
 ROAD, BRIDGE OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED  CENTRAL  BUSI-
 NESS  DISTRICT or avoids or attempts to avoid payment therefor by force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or
   § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle  and
 traffic  law,  as amended by chapter 451 of the laws of 2021, is amended
 and a new paragraph (c) is added to read as follows:
   (b) (i) Number plates shall be kept clean and in a condition so as  to
 be  easily  readable  and  shall  not be covered by glass or any plastic
 material.
   (ii) Number plates shall not be knowingly covered or coated  with  any
 artificial  or synthetic material or substance that conceals or obscures
 such number plates or that distorts a recorded or photographic image  of
 such number plates.
   (iii)  The  view  of such number plates shall not be obstructed by any
 part of the vehicle or  by  anything  carried  thereon[,  except  for  a
 receiver-transmitter  issued  by  a  publicly  owned tolling facility in
 connection with electronic toll collection when such  receiver-transmit-
 ter  is affixed to the exterior of a vehicle in accordance with mounting
 instructions provided by the tolling facility].
   (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE  OR  PARK  A
 MOTOR  VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
 OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED  IN  SECTION
 SEVENTEEN  HUNDRED  FOUR  OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
 TOLLING AUTHORITY, IF SUCH NUMBER PLATE  IS  NOT  EASILY  READABLE,  NOR
 SHALL  ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR
 THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF  SUCH  NUMBER  PLATES,
 AND  THE  VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
 OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT  FOR  A  RECEIVER-
 TRANSMITTER  ISSUED  BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 S. 8008--A                         35                         A. 9008--A
 
 AFFIXED  TO  THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE WITH MOUNTING
 INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY.  FOR  PURPOSES  OF  THIS
 PARAGRAPH,  "TOLLING  AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
 OPERATES  A  TOLL  HIGHWAY,  BRIDGE  AND/OR TUNNEL OR A CENTRAL BUSINESS
 DISTRICT TOLLING PROGRAM, AS WELL AS THE PORT AUTHORITY OF NEW YORK  AND
 NEW  JERSEY,  A  BI-STATE AGENCY CREATED BY COMPACT SET FORTH IN CHAPTER
 ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN  HUNDRED  TWENTY-ONE,  AS
 AMENDED.
   §  3.  Subdivision 8 of section 402 of the vehicle and traffic law, as
 amended by chapter 451 of the laws  of  2021,  is  amended  to  read  as
 follows:
   8.  A  violation  of this section shall be punishable by a fine of not
 less than twenty-five nor more than two hundred  dollars,  except  that:
 (A)  a violation of subparagraph (ii) or subparagraph (iii) of paragraph
 (b) of subdivision one of this section shall be punishable by a fine  of
 not  less  than  fifty  nor  more  than three hundred dollars; AND (B) A
 VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION  SHALL  BE
 PUNISHABLE  BY  A  FINE  OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE
 HUNDRED DOLLARS.
   § 4. Subdivision 5-a of section 401 of the vehicle and traffic law  is
 amended by adding a new paragraph d to read as follows:
   D. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REGISTER, REREGISTER, RENEW,
 REPLACE  OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
 INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION  CLASSI-
 FICATION  OF  ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
 ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
 TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND  THE  REGISTRA-
 TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
 OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
 ER'S  AGENT  SHALL IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY
 THE REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT  OR  TRANSFER  OF
 THE  REGISTRATION  FOR  SUCH  VEHICLE  AND VEHICLE IDENTIFICATION NUMBER
 UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH  FORM  AND  MANNER  AS  THE
 COMMISSIONER  SHALL  PRESCRIBE,  THAT  NOTICES  OF  VIOLATION  HAVE BEEN
 RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
 THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO  THE
 TOLLING  AUTHORITY.    WHERE  AN  APPLICATION IS DENIED PURSUANT TO THIS
 PARAGRAPH, THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION,  DENY
 A  REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
 REGISTRATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME  OF  THE
 APPLICANT  WHERE  THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
 INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH  AND  WHERE  THE
 COMMISSIONER  HAS  REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION,
 REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER  OF  REGISTRATION  WILL
 HAVE  THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHI-
 CLE IDENTIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN  IN  EFFECT
 UNTIL  THE  TOLLING  AUTHORITY  ADVISES,  IN SUCH FORM AND MANNER AS THE
 COMMISSIONER SHALL  PRESCRIBE,  THAT  NOTICES  OF  VIOLATION  HAVE  BEEN
 RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
 THE  VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
 TOLLING AUTHORITY.
   § 5. Subdivision 4-d of section 510 of the vehicle and traffic law, as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   4-d. Suspension of registration for failure to answer or pay penalties
 with respect to certain violations. Upon the receipt of  a  notification
 from  a  court  or  an  administrative tribunal that an owner of a motor
 S. 8008--A                         36                         A. 9008--A
 
 vehicle failed to appear on the return date or dates or a new subsequent
 adjourned date or dates or failed to pay any penalty imposed by a  court
 or  failed to comply with the rules and regulations of an administrative
 tribunal  following  entry of a final decision or decisions, in response
 to [five] THREE or more notices of liability or  other  process,  issued
 within [an eighteen month] A FIVE YEAR period charging such owner with a
 violation   of  toll  collection  regulations  in  accordance  with  the
 provisions of section two  thousand  nine  hundred  eighty-five  of  the
 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
 chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
 fifty, the commissioner or his agent shall suspend the  registration  of
 the  vehicle  or  vehicles involved in the violation or the privilege of
 operation of any motor vehicle owned by the registrant. Such  suspension
 shall take effect no less than thirty days from the date on which notice
 thereof  is sent by the commissioner to the person whose registration or
 privilege is suspended and shall remain in effect until such  registrant
 has  appeared  in response to such notices of liability or has paid such
 penalty or in the case of an administrative tribunal, the registrant has
 complied with the rules and regulations following the entry of  a  final
 decision or decisions.
   §  6.  Section  1704-a  of  the  vehicle and traffic law is amended by
 adding a new subdivision 5 to read as follows:
   5. (A) ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT, OR  FALSIFIES
 OR PERMITS TO BE FALSIFIED ANY RECORD OR RECORDS OF THE CENTRAL BUSINESS
 DISTRICT  TOLLING  PROGRAM, FOR THE PURPOSE OF FRAUDULENTLY OBTAINING AN
 EXEMPTION FROM THE CENTRAL BUSINESS DISTRICT TOLL UNDER SUBDIVISION  TWO
 OF  THIS  SECTION  FOR  A  QUALIFYING VEHICLE TRANSPORTING A PERSON WITH
 DISABILITIES, SHALL BE GUILTY  OF  A  MISDEMEANOR,  AND  SHALL  ALSO  BE
 SUBJECT  TO  A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE
 STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION.
   (B) ANY VIOLATION OF SUBDIVISION ONE OF THIS SECTION THAT RESULTS IN A
 PERSON RECEIVING EXEMPTIONS FROM CENTRAL BUSINESS DISTRICT  TOLLS  UNDER
 SUBDIVISION  TWO OF THIS SECTION FOR A QUALIFYING VEHICLE TRANSPORTING A
 PERSON WITH DISABILITIES WITH A VALUE IN EXCESS OF ONE THOUSAND  DOLLARS
 MORE  THAN  THEY  WOULD HAVE BEEN ENTITLED TO SHALL BE A CLASS E FELONY.
 ANY SUCH VIOLATION THAT RESULTS IN A PERSON  RECEIVING  SUCH  EXEMPTIONS
 WITH  A  VALUE  IN  EXCESS OF FIVE THOUSAND DOLLARS MORE THAN THEY WOULD
 HAVE BEEN ENTITLED TO SHALL BE A CLASS D FELONY.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART O
 
   Section  1. Section 5 of chapter 751 of the laws of 2005, amending the
 insurance law and the vehicle and traffic law relating  to  establishing
 the  accident  prevention  course  internet technology pilot program, as
 amended by section 4 of part ZZ of chapter 58 of the laws  of  2020,  is
 amended to read as follows:
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed April
 1,  [2022]  2024;  provided  that any rules and regulations necessary to
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                  PART P
 S. 8008--A                         37                         A. 9008--A
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 part  YY  of  chapter  58  of  the  laws  of 2020, is amended to read as
 follows:
   §  13.  This  act shall take effect immediately; provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 [2022] 2024; provided further, however, that the provisions  of  section
 eleven  of this act shall take effect April 1, 2004 and shall expire and
 be deemed repealed on April 1, [2022] 2024.
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part YY of chapter 58 of  the  laws
 of 2020, is amended to read as follows:
   §  2.  This act shall take effect April 1, 2002; provided, however, if
 this act shall become a law after such date it shall take  effect  imme-
 diately and shall be deemed to have been in full force and effect on and
 after  April  1,  2002;  provided  further, however, that this act shall
 expire and be deemed repealed on April 1, [2022] 2024.
   § 3. This act shall take effect immediately.
 
                                  PART Q
 
   Section 1.  Subdivision 3 of section 491 of the  vehicle  and  traffic
 law,  as added by section 1 of part H of chapter 58 of the laws of 2017,
 is amended to read as follows:
   3. Waiver of fee. The commissioner  may  waive  the  payment  of  fees
 required  by  subdivision two of this section if the applicant is (A) AN
 INCARCERATED INDIVIDUAL IN AN INSTITUTION UNDER THE  JURISDICTION  OF  A
 STATE DEPARTMENT OR AGENCY, OR (B) a victim of a crime and the identifi-
 cation  card  applied  for  is  a  replacement  for one that was lost or
 destroyed as a result of the crime.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 79-q to read as follows:
   §  79-Q.  COLLECTION OF GENDER OR SEX DESIGNATION INFORMATION BY STATE
 AGENCIES. 1. ALL NEW YORK STATE AGENCIES THAT COLLECT DEMOGRAPHIC INFOR-
 MATION ABOUT A PERSON'S GENDER OR SEX SHALL MAKE AVAILABLE TO THE PERSON
 AT THE POINT OF DATA COLLECTION AN OPTION TO MARK THEIR GENDER OR SEX AS
 "X".
   2. WHERE APPLICABLE FEDERAL LAW REQUIRES A STATE AGENCY TO COLLECT SEX
 OR GENDER DATA AS EITHER "M" OR "F", THE STATE  AGENCY  SHALL  CREATE  A
 SEPARATE  FIELD  FOR  STATE  PURPOSES SO THAT A PERSON HAS THE OPTION TO
 MARK THEIR GENDER OR SEX AS "X" TO BE COLLECTED BY THE STATE.
   3. ALL STATE AGENCIES  SHALL  UPDATE  ANY  APPLICABLE  FORMS  OR  DATA
 SYSTEMS  BY JANUARY FIRST, TWO THOUSAND TWENTY-THREE, EXCEPT THE DEPART-
 MENT OF LABOR, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF
 TEMPORARY AND DISABILITY ASSISTANCE AND THE DIVISION OF CRIMINAL JUSTICE
 SERVICES, WHICH SHALL UPDATE ANY APPLICABLE FORMS  OR  DATA  SYSTEMS  BY
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
 S. 8008--A                         38                         A. 9008--A
 
   4.  A  STATE  AGENCY  THAT CANNOT COMPLY WITH THE REQUIREMENTS OF THIS
 SECTION SHALL POST PUBLICLY ON ITS WEBSITE A WRITTEN REPORT OF THE STEPS
 THE AGENCY HAS TAKEN TO COMPLY WITH THIS SECTION AND THE TIME FRAME  FOR
 COMPLIANCE AT LEAST SIXTY DAYS BEFORE THE DATE REQUIRED BY THIS SECTION.
 THE  WRITTEN  REPORT  SHALL BE UPDATED EVERY SIX MONTHS FROM THE DATE OF
 THE ORIGINAL POSTING.
   § 2. Subdivision 3 of section 62 of the civil rights law, as added  by
 chapter 158 of the laws of 2021, is amended to read as follows:
   3. Except as provided in subdivisions one and two of this section, the
 court  shall  not require any other pre-hearing notice. [The court shall
 not condition the entry of an order on notice to any other party  or  to
 any  city, state or federal agency except by written order detailing the
 court's reasoning for requiring such notice and showing cause  why  such
 notice should be served.] Under no circumstances shall the court require
 notice  to  United  States  immigration  and customs enforcement, United
 States customs and border  protection,  United  States  citizenship  and
 immigration  services, or any successor agencies, or any agencies having
 similar duties.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. Paragraph (o) of subdivision 1 of section 96 of the  public
 officers law, as added by chapter 319 of the laws of 2014, is amended to
 read as follows:
   (o) to officers or employees of a public retirement system of the city
 of  New  York if the information sought to be disclosed is necessary for
 the receiving public retirement system to  process  benefits  under  the
 retirement  and social security law, the administrative code of the city
 of New York, or the education law or any other applicable  provision  of
 law.  A  written  request  or  consent from the data subject pursuant to
 paragraph (a) of this subdivision shall not be required for the  disclo-
 sure of records pursuant to this paragraph; OR
   (P) TO OFFICERS OR EMPLOYEES OF THE UNITED STATES DEPARTMENT OF EDUCA-
 TION FOR SUCH DEPARTMENT TO PROCESS CREDIT FOR QUALIFYING EMPLOYMENT AND
 LOAN  FORGIVENESS  UNDER  THE PUBLIC SERVICE LOAN FORGIVENESS PROGRAM. A
 WRITTEN REQUEST OR CONSENT FROM THE DATA SUBJECT PURSUANT  TO  PARAGRAPH
 (A)  OF  THIS  SUBDIVISION  SHALL  NOT BE REQUIRED FOR THE DISCLOSURE OF
 RECORDS PURSUANT TO THIS PARAGRAPH.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Section 4 of chapter 495 of the laws of 2004, amending  the
 insurance  law  and the public health law relating to the New York state
 health  insurance  continuation  assistance  demonstration  project,  as
 amended  by  section  1 of part KK of chapter 57 of the laws of 2021, is
 amended to read as follows:
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law;  provided,  however, that this act shall remain in
 effect until July 1, [2022] 2023 when upon such date the  provisions  of
 this  act shall expire and be deemed repealed; provided, further, that a
 displaced worker shall be eligible for continuation assistance  retroac-
 tive to July 1, 2004.
   § 2. This act shall take effect immediately.
 S. 8008--A                         39                         A. 9008--A
 
                                  PART U
 
   Section  1.  Subparagraph 7 of paragraph b of subdivision 2 of section
 970-r of the general municipal law, as amended by section 1 of part U of
 chapter 58 of the laws of 2018, is amended to read as follows:
   (7) preliminary descriptions of possible remediation strategies, reuse
 opportunities, necessary infrastructure improvements and other public or
 private measures needed to stimulate investment, promote revitalization,
 [and] SUPPORT JOB GROWTH,  REDUCE  GREENHOUSE  GAS  EMISSIONS,  INCREASE
 CLIMATE  RESILIENCE,  enhance  community health and environmental condi-
 tions, AND ACHIEVE ENVIRONMENTAL JUSTICE.
   § 2. Subparagraph 11 of paragraph d of subdivision 3 of section  970-r
 of the general municipal law, as amended by section 1 of part U of chap-
 ter 58 of the laws of 2018, is amended to read as follows:
   (11)  descriptions  of possible remediation strategies, reuse opportu-
 nities, brownfield redevelopment, necessary infrastructure  improvements
 and  other  public  or  private measures needed to stimulate investment,
 promote revitalization, [and] SUPPORT JOB GROWTH, REDUCE GREENHOUSE  GAS
 EMISSIONS,  INCREASE  CLIMATE  RESILIENCE,  enhance community health and
 environmental conditions, AND ACHIEVE ENVIRONMENTAL JUSTICE;
   § 3. Paragraph a of subdivision 3-a of section 970-r  of  the  general
 municipal law, as added by section 1 of part U of chapter 58 of the laws
 of 2018, is amended to read as follows:
   a.  Within  amounts appropriated therefor, the secretary is authorized
 to provide, on a competitive  basis,  financial  assistance  to  munici-
 palities,  to  community based organizations, to community boards, or to
 community based organizations acting in cooperation with a municipality,
 to conduct predevelopment  activities  within  a  designated  brownfield
 opportunity  area  to advance the goals and priorities of the brownfield
 opportunity area program set forth in the nomination of such area.  Such
 financial  assistance  shall  not  exceed ninety percent of the costs of
 such activities. Activities eligible to receive  such  assistance  shall
 include:  development and implementation of marketing strategies; devel-
 opment of plans  and  specifications;  real  estate  services;  building
 condition   studies;  infrastructure  analyses;  zoning  and  regulatory
 updates; environmental,  housing  and  economic  studies,  analyses  and
 reports;  RENEWABLE  ENERGY  FEASIBILITY  STUDIES,  LEGAL  AND FINANCIAL
 SERVICES;  IMPACT  ANALYSES;  DEMOLITION;  SITE  PREPARATION;   ASBESTOS
 REMOVAL; and public outreach.
   § 4. Paragraphs c, d, f, g, and h of subdivision 6 of section 970-r of
 the  general municipal law, as amended by section 1 of part U of chapter
 58 of the laws of 2018, are amended to read as follows:
   c. Brownfield site assessment activities eligible for funding include,
 but are not limited to, testing of properties to  determine  the  nature
 and  extent of the contamination (including soil and groundwater), envi-
 ronmental assessments, the development of a proposed remediation strate-
 gy to address any identified contamination,  and  any  other  activities
 deemed appropriate by the [commissioner] SECRETARY OF STATE in consulta-
 tion  with  the  [secretary  of  state]  COMMISSIONER. Any environmental
 assessment shall be subject to the review and approval of such SECRETARY
 IN CONSULTATION WITH SUCH commissioner.
   d. Applications for such assistance shall be submitted to the [commis-
 sioner] SECRETARY in a  format,  and  containing  such  information,  as
 prescribed  by  the  [commissioner]  SECRETARY  in consultation with the
 [secretary of state] COMMISSIONER.
 S. 8008--A                         40                         A. 9008--A
 
   f. The [commissioner] SECRETARY, upon the receipt  of  an  application
 for  such  assistance from a community based organization not in cooper-
 ation with the local government having jurisdiction  over  the  proposed
 brownfield  opportunity  area, shall request the municipal government to
 review  and state the municipal government's support or lack of support.
 The municipal government's statement shall be considered a part  of  the
 application.
   g.  Prior to making an award for assistance, the [commissioner] SECRE-
 TARY shall notify the temporary president of the senate and the  speaker
 of the assembly.
   h.  Following  notification  to the applicant that assistance has been
 awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
 executed  between the department and the applicant or co-applicants. The
 [commissioner] SECRETARY OF STATE shall establish terms  and  conditions
 for  such contracts as the [commissioner] SECRETARY deems appropriate in
 consultation with  the  [secretary  of  state]  COMMISSIONER,  including
 provisions to define:  applicant's work scope, work schedule, and deliv-
 erables;  fiscal  reports  on budgeted and actual use of funds expended;
 and requirements for submission of a final fiscal report.  The  contract
 shall  also require the distribution of work products to the department,
 and, for community based organizations, to the applicant's municipality.
 Applicants shall be required to make  the  results  publicly  available.
 Such  contract  shall  further include a provision providing that if any
 responsible party payments become available to the applicant, the amount
 of such payments attributable to expenses paid by  the  award  shall  be
 paid to the department by the applicant; provided that the applicant may
 first apply such responsible party payments towards actual project costs
 incurred by the applicant.
   §  5.  Subdivision 8 of section 970-r of the general municipal law, as
 amended by section 1 of part U of chapter 58 of the  laws  of  2018,  is
 amended to read as follows:
   8.  [Applications] COMMUNITY PARTICIPATION REQUIREMENTS. a. All appli-
 cations FOR FINANCIAL ASSISTANCE for pre-nomination OR NOMINATION  study
 [assistance] or applications for designation of a brownfield opportunity
 area shall demonstrate that the following community participation activ-
 ities have been or will be performed by the applicant:
   (1)  identification  of  the  interested  public  and preparation of a
 contact list;
   (2) identification of major issues of public concern;
   (3) [public access to (i) the draft and final application for  pre-no-
 mination  assistance  and  brownfield  opportunity area designation, and
 (ii) any supporting documents in a manner convenient to the public;
   (4)] public notice and newspaper notice of (i) the intent of the muni-
 cipality and/or community based organization to undertake a  pre-nomina-
 tion [process] OR NOMINATION STUDY or [prepare] APPLY FOR DESIGNATION OF
 a  brownfield opportunity area [plan], and (ii) the availability of such
 application AND ANY SUPPORTING DOCUMENTS IN A MANNER CONVENIENT  TO  THE
 PUBLIC.
   b.  Application  for [nomination] DESIGNATION of a brownfield opportu-
 nity area shall provide the following  minimum  community  participation
 activities:
   (1)  a comment period of at least thirty days on a draft [application]
 NOMINATION;
   (2) a public meeting on  [a  brownfield  opportunity  area  draft]  AN
 application.
 S. 8008--A                         41                         A. 9008--A

   § 6. Section 970-r of the general municipal law is amended by adding a
 new subdivision 11 to read as follows:
   11.  ALL  APPLICANTS FOR FINANCIAL ASSISTANCE AND PARTICIPATION IN ANY
 OTHER ACTIVITY AUTHORIZED UNDER  THIS  SECTION,  AS  DETERMINED  BY  THE
 SECRETARY, MAY CONTRACT WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW
 YORK IN USE OF SUCH FINANCIAL ASSISTANCE AND IN COMPLETION OF SUCH OTHER
 ACTIVITIES  THAT  THE  SECRETARY  DETERMINES  AND  REQUIRES  UNDER  THIS
 SECTION.  THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK IS AUTHORIZED
 TO PROVIDE PLANNING, DESIGN AND CONSTRUCTION SERVICES  AND  TO  CONTRACT
 FOR  AND  RENDER ANY SUCH SERVICES THE SECRETARY DETERMINES AND REQUIRES
 TO SUCH APPLICANTS UNDER THIS SECTION.
   § 7. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
 authorities  law  is  amended  by adding a new undesignated paragraph to
 read as follows:
   APPLICANTS FOR FINANCIAL ASSISTANCE FOR PRE-NOMINATION  OR  NOMINATION
 STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
 OR  SITE  ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA DESIGNATED BY
 THE SECRETARY THAT HAS BEEN AWARDED PURSUANT  TO  SECTION  NINE  HUNDRED
 SEVENTY-R  OF  THE GENERAL MUNICIPAL LAW, AS DETERMINED BY THE SECRETARY
 AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
 GENERAL MUNICIPAL LAW.
   § 8. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   APPLICANTS  FOR  FINANCIAL ASSISTANCE FOR PRE-NOMINATION OR NOMINATION
 STUDY OF A BROWNFIELD OPPORTUNITY AREA OR FOR PRE-DEVELOPMENT ACTIVITIES
 OR SITE ASSESSMENTS WITHIN A BROWNFIELD OPPORTUNITY AREA  DESIGNATED  BY
 THE  SECRETARY  THAT  HAS  BEEN AWARDED PURSUANT TO SECTION NINE HUNDRED
 SEVENTY-R OF THE GENERAL MUNICIPAL LAW, AS DETERMINED BY  THE  SECRETARY
 AND FOR THE PURPOSES AUTHORIZED BY SECTION NINE HUNDRED SEVENTY-R OF THE
 GENERAL MUNICIPAL LAW.
   § 9. This act shall take effect immediately.
 
                                  PART V
 
   Section 1. Paragraph (a) of subdivision 5-b of section 16 of the agri-
 culture  and markets law, as amended by chapter 530 of the laws of 2013,
 is amended to read as follows:
   (a) [Establish] ADMINISTER, in cooperation with  the  commissioner  of
 education,  a  farm-to-school  program  to  facilitate  and  promote the
 purchase of New York farm products by schools,  universities  and  other
 educational  institutions  [under  the  jurisdiction  of  the  education
 department] AND THE NATIONAL SCHOOL LUNCH ACT AND RELATED FOOD PROGRAMS.
 The department shall solicit information from the  education  department
 regarding school districts and other educational institutions interested
 in  purchasing New York farm products, including but not limited to, the
 type and amount of such products schools wish to purchase and  the  name
 of  the  appropriate contact person from the interested school district.
 The department shall make this information readily available  to  inter-
 ested  New  York  farmers, farm organizations and businesses that market
 New York farm products. The department shall provide information to  the
 education  department  and  interested school districts and other educa-
 tional institutions about the availability of New  York  farm  products,
 including  but not limited to, the types and amount of products, and the
 names and contact information of farmers, farm organizations  and  busi-
 nesses  marketing  such  products.  The commissioner shall report to the
 S. 8008--A                         42                         A. 9008--A
 
 legislature on the need for changes in law to facilitate  the  purchases
 of such products by schools and educational institutions.
   The  department  shall  also coordinate with the education department,
 and school food service, education,  health  and  nutrition,  farm,  and
 other  interested  organizations in establishing a promotional event, to
 be known as New York Harvest For New York Kids Week,  in  early  October
 each  year, that will promote New York agriculture and foods to children
 through school meal programs and the classroom, at  farms  and  farmers'
 markets and other locations in the community.
   §  2. Subdivision 32 of section 16 of the agriculture and markets law,
 as added by chapter 297 of the laws of  1961,  is  amended  to  read  as
 follows:
   32.  Receive  and  disburse federal moneys allotted to the state by or
 pursuant to the federal agricultural marketing act of  nineteen  hundred
 forty-six  as amended, or any other act of the congress making appropri-
 ation for the allocation among the states for research into  basic  laws
 and  principles relating to agriculture [and], to improve and facilitate
 the marketing and distribution of agricultural products,  [and]  OR  for
 any  other  purpose  relating  to  agriculture or marketing agricultural
 products; on behalf of the state, to adopt, execute and administer plans
 AND PROGRAMS and to put into effect such measures as  may  be  necessary
 for  SUCH  research [into basic laws and principles], PLANS, OR PROGRAMS
 relating to agriculture and to improve and facilitate the marketing  and
 distribution  of  agricultural products; on behalf of the state, to make
 and execute such contracts, agreements,  covenants  or  conditions,  not
 inconsistent  with  law,  as  may  be  necessary or required by any duly
 constituted agency of the federal government as a condition precedent to
 receiving such funds or in connection with such research;  to  cooperate
 with all federal, state or local authorities, or other agencies, author-
 ized  under  such acts of congress to carry out the purposes thereof; to
 adopt and from time to time to amend such rules and regulations  and  to
 prescribe  such  conditions, not inconsistent with law, as may be neces-
 sary to make available to the people of the state the benefits  afforded
 by  such  acts  of  congress;  and to enforce all the provisions of this
 subdivision and the rules adopted pursuant hereto.   The  department  of
 taxation and finance is designated as custodian of all federal-aid funds
 allotted to the state for the purposes of this subdivision by the United
 States  and such funds shall be payable only on the audit and warrant of
 the comptroller on  certificate  of  the  commissioner  as  provided  in
 section one hundred ten of the state finance law.
   § 3. Paragraph (v) of subdivision c of section 1 of chapter 537 of the
 laws  of  1976,  relating  to paid, free and reduced price breakfast for
 eligible pupils in certain school districts, as  separately  amended  by
 chapters 260 and 615 of the laws of 1993, is amended to read as follows:
   (v) Any school not offering a breakfast program on the dates specified
 in  this  section, which would be required under the provisions of para-
 graph (i), (ii), (iii) or (iv) of this  subdivision  to  implement  such
 program  in September of the same year, may apply to the commissioner of
 [education] AGRICULTURE AND MARKETS for an exemption from the provisions
 of this act.  Such an exemption shall not be granted by such commission-
 er unless a school demonstrates with good cause: (1) that  there  is  no
 need  for such breakfast program because of low enrollment or documented
 projections of low participation or (2) that economic hardship or  other
 good  cause  makes the establishment of such a program impractical. Such
 commissioner shall establish explicit good cause criteria in regulations
 pursuant to this act and annually review the basis for such  exemptions.
 S. 8008--A                         43                         A. 9008--A
 
 Such  commissioner  may  also grant a waiver for up to one year from the
 provisions of this subdivision to allow adequate time for  planning  and
 implementation of a breakfast program
   §  4.  Subdivisions d and e of section 1 of chapter 537 of the laws of
 1976, relating to paid, free and reduced price  breakfast  for  eligible
 pupils in certain school districts, are amended to read as follows:
   d.  In  accordance  with  subsections (c) and (d) of section seventeen
 hundred seventy-three of title forty-two of the United States  Code  and
 derivative  regulations, the commissioner of [education] AGRICULTURE AND
 MARKETS shall determine which participating school facilities are finan-
 cially unable to support the service of free and  reduced  price  break-
 fasts and therefore are considered "especially needy" school facilities.
 Such  school  facilities  subsequently shall be assigned the appropriate
 increased "especially needy" per meal reimbursement calculated  pursuant
 to  such code and regulations in support of the cost of free and reduced
 price breakfasts.
   e. In the provision of free and reduced price  meals  for  the  school
 breakfast  programs,  the [state commissioner of education] COMMISSIONER
 OF AGRICULTURE AND MARKETS shall prescribe maximum eligibility standards
 permissible under section nine of the  National  School  Lunch  Act  and
 section four of the Child Nutrition Act.
   §  5.  Section 3 of chapter 537 of the laws of 1976, relating to paid,
 free and reduced price breakfast for eligible pupils in  certain  school
 districts, is amended to read as follows:
   § 3. The [state commissioner of education] COMMISSIONER OF AGRICULTURE
 AND  MARKETS  hereby  is  directed  to request the bureau of school food
 management to provide any additional information  and  assistance  which
 may  be  required  by  the  schools  and school districts to aid them in
 developing and implementing the various school food programs.
   § 6. Subdivisions a, d and e of section 4 of chapter 537 of  the  laws
 of 1976, relating to paid, free and reduced price breakfast for eligible
 pupils  in  certain school districts, as added by section 2 of part B of
 chapter 56 of the laws of 2018, are amended to read as follows:
   a. All public elementary or  secondary  schools  in  this  state,  not
 including  a  charter  school  authorized by article 56 of the education
 law, with at least seventy percent or more of its students eligible  for
 free  or  reduced-price  meals  under  the federal National School Lunch
 Program as determined by the [State Education Department] DEPARTMENT  OF
 AGRICULTURE AND MARKETS based upon data submitted by schools through the
 basic educational data system (BEDS) AND PROVIDED BY THE STATE EDUCATION
 DEPARTMENT  TO  THE  DEPARTMENT OF AGRICULTURE AND MARKETS for the prior
 school year AND, shall be required to offer all students a school break-
 fast after the instructional day has begun.
   d. Any school identified pursuant to this section  may  apply  to  the
 commissioner  of  [education]  AGRICULTURE AND MARKETS for a waiver from
 establishing a school breakfast program after the instructional day  has
 begun.    Such  waiver may be granted by the commissioner of [education]
 AGRICULTURE AND MARKETS upon the school demonstrating:
   i. A lack of need for a school breakfast program  after  the  instruc-
 tional day has begun because of a successful existing breakfast program;
 or
   ii.  Providing  a school breakfast program after the instructional day
 has begun would cause economic hardship for the school.
   The commissioner of [education] AGRICULTURE AND MARKETS shall annually
 review the basis for waivers granted to schools.
 S. 8008--A                         44                         A. 9008--A
 
   e. The [State Education  Department]  DEPARTMENT  OF  AGRICULTURE  AND
 MARKETS shall:
   i.  [on or before May 1, 2018] COMMENCING ON THE FIRST MAY 1 FOLLOWING
 THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER THE PROGRAMS HEREIN,
 and on or before May 1 of each year  thereafter  preceding  each  school
 year,  publish on its website a list of the public schools that meet the
 requirements for operating such programs, and  provide  notification  to
 such schools;
   ii.  develop  and distribute guidelines for the implementation of such
 programs, which shall be in the compliance with all  applicable  federal
 and state laws governing the School Breakfast Program;
   iii.  provide  technical  assistance relating to the implementation of
 such program and submission of claims for reimbursement under the School
 Breakfast Program; and
   iv.   [annually publish by December  2019]  COMMENCING  ON  THE  FIRST
 DECEMBER 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINISTER
 THE PROGRAMS HEREIN, and each December thereafter, on its website infor-
 mation  relating  to each school subject to this requirement, as well as
 any other schools operating such program which are not subject  to  this
 requirement,  in  the prior school year. Such information shall include,
 but not be limited to: the school name, service delivery  models  imple-
 mented, student enrollment, the free and reduced-price lunch percentage,
 the average daily breakfast participation rate.
   §  7.  Subdivisions a, b and c of section 5 of chapter 537 of the laws
 of 1976, relating to paid, free and reduced price breakfast for eligible
 pupils in certain school districts, as added by section 2 of part  B  of
 chapter 56 of the laws of 2018, are amended to read as follows:
   a.  Notwithstanding  any  monetary  limitations with respect to school
 lunch programs contained in any law  or  regulation,  for  school  lunch
 meals  served  in  the  school year commencing [July 1, 2019 and] ON THE
 FIRST JULY 1 FOLLOWING THE DEPARTMENT'S RECEIPT OF AUTHORITY TO ADMINIS-
 TER THE PROGRAMS HEREIN AND  each  July  1  thereafter,  a  school  food
 authority  shall  be  eligible for a lunch meal State subsidy of twenty-
 five cents, which shall include any annual  State  subsidy  received  by
 such  school  food authority under any other provision of State law, for
 any school lunch meal served by such  school  food  authority;  provided
 that the school food authority certifies to the [State Education Depart-
 ment]  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS through the application
 submitted pursuant to subdivision b  of  this  section  that  such  food
 authority  has  purchased  at  least thirty percent of its total cost of
 food products for its school lunch service program from New  York  state
 farmers, growers, producers or processors in the preceding school year.
   b.  The  [State Education Department, in cooperation with the] Depart-
 ment of Agriculture and Markets[,]  shall  develop  an  application  for
 school  food authorities to seek an additional State subsidy pursuant to
 this section in a timeline and format prescribed by [the commissioner of
 education] SUCH DEPARTMENT. Such application shall include, but  not  be
 limited  to,  documentation  demonstrating  the  school food authority's
 total food purchases for its school lunch service program, and  documen-
 tation  demonstrating  its total food purchases and percentages for such
 program from New York State farmers, growers, producers or processors in
 the preceding school year. The application shall also include an  attes-
 tation  from the school food authority's chief operating officer that it
 purchased at least thirty percent of its total cost of food products for
 its school lunch service program from New York State  farmers,  growers,
 producers  or  processors  in the preceding school year in order to meet
 S. 8008--A                         45                         A. 9008--A
 
 the requirements for this additional State subsidy. School food authori-
 ties shall be required to annually apply for this subsidy.
   c.  [The State Education Department] COMMENCING ON THE FIRST SEPTEMBER
 1 FOLLOWING THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS'  RECEIPT  OF
 AUTHORITY  TO  ADMINISTER  THE  PROGRAMS  HEREIN  AND  ON OR BEFORE EACH
 SEPTEMBER 1 THEREAFTER, THE DEPARTMENT shall annually  publish  informa-
 tion  on its website [commencing on September 1, 2019 and each September
 1 thereafter,] relating to each school food authority that  applied  for
 and  received  this  additional State subsidy, including but not limited
 to: the school food authority name, student  enrollment,  average  daily
 lunch  participation,  total  food  costs  for  its school lunch service
 program, total cost of  food  products  for  its  school  lunch  service
 program  purchased  from  New  York State farmers, growers, producers or
 processors, and the percent of total food costs that were purchased from
 New York State farmers, growers, producers or processors for its  school
 lunch service program.
   §  8.  1.  Transfer  of  functions.  All  of  the functions and powers
 possessed by and the obligations and duties of the State  Department  of
 Education  in  connection with the administration of the National School
 Lunch Program and related programs are hereby transferred to the Depart-
 ment of Agriculture and Markets.
   2. Transfer of employees. (a) Upon the transfer of functions,  powers,
 duties  and  obligations  of  the  State Department of Education's Child
 Nutrition Program Administration relating to the National  School  Lunch
 Program  and  related  programs  to  the  Department  of Agriculture and
 Markets pursuant to this section,  provisions  shall  be  made  for  the
 transfer  to the Department of Agriculture and Markets such employees of
 the State Education Department who  are  substantially  engaged  in  the
 performance  of  the functions herein. Employees so transferred shall be
 transferred without  further  examination  or  qualification  and  shall
 retain  their  respective  civil service classifications and status. For
 the purpose of determining the employees holding permanent  appointments
 in  competitive  class positions to be transferred, such employees shall
 be selected within each  class  of  positions  in  the  order  of  their
 original  appointment,  with  due  regard  to the right of preference in
 retention of disabled and non-disabled veterans. Any such employee  who,
 at the time of such transfer, has a temporary or provisional appointment
 shall  be  transferred subject to the same right of removal, examination
 or termination as though such transfer  had  not  been  made.  Employees
 holding  permanent  appointments  in competitive class positions who are
 not transferred pursuant to this section shall have their names  entered
 upon  an  appropriate  preferred  list for reinstatement pursuant to the
 civil service law.
   (b) A  transferred  employee  shall  remain  in  the  same  collective
 bargaining  unit as was the case prior to his or her transfer; successor
 employees to the positions held by  such  transferred  employees  shall,
 consistent  with the provisions of article fourteen of the civil service
 law, be included in the same unit as their predecessors. Employees other
 than management or confidential persons as defined in  article  fourteen
 of the civil service law serving positions in newly created titles shall
 be  assigned  to  the  appropriate bargaining unit. Nothing contained in
 this section shall be construed to affect:
   (i) the rights of employees pursuant to a collective bargaining agree-
 ment;
 S. 8008--A                         46                         A. 9008--A
 
   (ii) the representational relationships among  employee  organizations
 or the bargaining relationships between the state and an employee organ-
 ization; or
   (iii)  existing  law  with  respect  to  an  application to the public
 employment relations board; provided, however, that the merger  of  such
 negotiating  units  of employees shall be effected only with the consent
 of the recognized and certified representative of such units and of  the
 department of law.
   § 9. This act shall take effect on the one hundred eightieth day after
 the  Department  of  Agriculture  and  Markets is notified by the United
 States Department of Agriculture of the approval of the authority of the
 Department of Agriculture and Markets to administer the National  School
 Lunch Program, provided that the commissioner of the Department of Agri-
 culture  and  Markets shall notify the legislative bill drafting commis-
 sion upon receipt of approval from the United States Department of Agri-
 culture of the authority of the Department of Agriculture and Markets to
 administer the National School Lunch Program in order that  the  commis-
 sion may maintain an accurate and timely effective database of the offi-
 cial  text  of laws of the state of New York in furtherance of effecting
 the provisions of section 44 of the legislative law and section 70-b  of
 the public officers law.
 
                                  PART W
 
   Section  1.  Subdivisions 3, 5, 8 and 11 of section 400 of the general
 business law, subdivisions 3 and 8 as added by chapter 509 of  the  laws
 of  1992,  subdivision  5 as amended by chapter 343 of the laws of 1998,
 and subdivision 11 as added by chapter 80  of  the  laws  of  2015,  are
 amended to read as follows:
   3.  "Licensee"  means  a  person  licensed pursuant to this article to
 engage in the practice of [natural hair styling] WAXING, esthetics, nail
 specialty or cosmetology, or to operate an appearance enhancement  busi-
 ness  in  which  such  practice,  as  herein defined, is provided to the
 public, OR TO PROVIDE THE SERVICES  OF  A  SALON  ASSISTANT,  AS  HEREIN
 DEFINED.
   5.  The [practice] SERVICES of ["natural hair styling"] "SALON ASSIST-
 ANT" means providing for a fee, or any consideration or exchange, wheth-
 er direct or indirect, any of the following services to the  hair  of  a
 human being: shampooing, arranging, dressing, [twisting, wrapping, weav-
 ing,  extending, locking or braiding] OR BLOW DRYING the hair [or beard]
 by either hand or mechanical appliances, INCLUDING BUT NOT  LIMITED  TO,
 CURLING IRONS AND MECHANICAL HAIR STRAIGHTENERS. Such practice shall not
 include  TWISTING,  WRAPPING,  WEAVING,  EXTENDING,  LOCKING,  BRAIDING,
 cutting, shaving or  trimming  hair  except  that  such  activities  are
 permissible  to  the  extent  that such activities are incidental to the
 [practice] SERVICES of [natural hair styling] A  SALON  ASSISTANT.  Such
 [practice]  SERVICES shall not include the application of dyes, reactive
 chemicals, or other preparations to alter the color  or  to  straighten,
 curl, or alter the structure of the hair. [Techniques] NOTHING CONTAINED
 IN  THIS  SUBDIVISION  SHALL BE DEEMED TO REQUIRE A LICENSE FOR SERVICES
 which result in tension on hair roots such as certain types of braiding,
 weaving, wrapping, AND locking [and extending of the hair  may  only  be
 performed  by  a  natural  hair  styling or cosmetology licensee who has
 successfully completed an approved course of study in such  techniques],
 OR INCIDENTAL SERVICES ATTENDED THERETO.
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   8.  "Appearance  enhancement business" means the business of providing
 any or all of the services licensed pursuant to this article at a  fixed
 location.  IN ADDITION, ANY BUSINESS WHICH OFFERS, DEMANDS, COLLECTS, OR
 RECEIVES  A  FEE,  OR  ANY  CONSIDERATION OR EXCHANGE, WHETHER DIRECT OR
 INDIRECT,  FOR  ANY  OF  THE  FOLLOWING  SERVICES TO THE HAIR OF A HUMAN
 BEING: SHAMPOOING, ARRANGING,  DRESSING,  TWISTING,  WRAPPING,  WEAVING,
 EXTENDING,  LOCKING  OR  BRAIDING  THE  HAIR  OR BEARD BY EITHER HAND OR
 MECHANICAL APPLIANCES SHALL ALSO BE REQUIRED TO OBTAIN A LICENSE  PURSU-
 ANT TO THIS ARTICLE.
   11.  "Trainee" means a person pursuing in good faith a course of study
 [in the practice of nail specialty]  TO  BECOME  A  LICENSEE  under  the
 tutelage, supervision and direction of a licensed [nail] practitioner OF
 THE SAME LICENSE TYPE, AS HEREIN DEFINED. Such trainee shall be employed
 by a licensed appearance enhancement business.
   §  2. Subdivisions 1 and 3 of section 401 of the general business law,
 subdivision 1 as amended by chapter 80 of the laws of 2015, and subdivi-
 sion 3 as amended by chapter 341 of the laws of  1998,  are  amended  to
 read as follows:
   1.  No  person shall engage in the practice of nail specialty, waxing,
 [natural hair styling,] esthetics or cosmetology, as defined in  section
 four  hundred  of this article, OR OFFER THE SERVICES OF A SALON ASSIST-
 ANT, AS DEFINED IN SECTION FOUR HUNDRED OF THIS ARTICLE, without  having
 received  a  license to engage in such practice in the manner prescribed
 in this article. No person shall act as a trainee or perform any service
 as such unless he or she has  obtained  a  certificate  of  registration
 pursuant to this article.
   3.  A  person  licensed by any other state or country to practice nail
 specialty, waxing, [natural hair styling,] esthetics or cosmetology,  OR
 WHO  IS  LICENSED  TO  OFFER THE SERVICES OF A SALON ASSISTANT, shall be
 allowed to practice in New York state for three months  or  less  within
 any  calendar  year  for  the  purpose  of giving to, or receiving from,
 persons who are licensed under this article training in current  styles,
 techniques  or  materials,  provided  however,  that  no such unlicensed
 person may provide services to the public for any fee, or other  compen-
 sation, whether direct or indirect.
   §  3.  Subdivision  1  of  section 403 of the general business law, as
 amended by chapter 339 of the laws  of  2017,  is  amended  to  read  as
 follows:
   1.  There  shall  be  established  within  the  department an advisory
 committee which shall consist of nine members broadly representative  of
 the appearance enhancement industry; including one person engaged in the
 practice  of  either  nail  specialty or waxing; [two persons engaged in
 natural hair styling; one of whom shall be knowledgeable in the practice
 of styling techniques which place tension on the hair roots, and one  of
 whom  shall  ensure strict adherence to quality services for all clients
 of all hair types, including, but not limited  to,  curl  pattern,  hair
 strand  thickness, and volume of hair;] one person engaged in esthetics;
 [two] FOUR persons engaged in cosmetology; two persons engaged in train-
 ing of persons for such practices and one person licensed as a dermatol-
 ogist. The secretary shall appoint such persons to serve on the advisory
 committee, provided, that two shall be appointed by the secretary on the
 recommendation of the temporary president of the senate and two shall be
 appointed by the secretary on the recommendation of the speaker  of  the
 assembly.  Each  member of the committee shall be appointed for terms of
 two years. Any member may  be  reappointed  for  additional  terms.  The
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 secretary  shall  designate  from  among  the members of the committee a
 chairperson who shall serve at the pleasure of the secretary.
   § 4. Section 404 of the general business law, as amended by chapter 80
 of the laws of 2015, is amended to read as follows:
   § 404. Rules and regulations. The secretary shall promulgate rules and
 regulations  which  establish  standards  for  practice and operation by
 licensees and trainees under this article in order to ensure the health,
 safety and welfare of the public including licensees and  trainees  when
 they  are working within such establishments. Such rules and regulations
 shall include, but not be limited to, the sanitary conditions and proce-
 dures required to be maintained, a minimum standard of  training  appro-
 priate  to  the  duties  of nail specialists, trainees, waxers, [natural
 hair stylists] SALON ASSISTANTS, estheticians,  and  cosmetologists  and
 the provision of service by nail specialists, trainees, waxers, [natural
 hair  stylists]  SALON  ASSISTANTS,  estheticians  or  cosmetologists at
 remote locations other than the licensee's home provided that such prac-
 titioner holds an appearance enhancement business license to operate  at
 a  fixed location or is employed by the holder of an appearance enhance-
 ment business  license.    Regulations  setting  forth  the  educational
 requirements  for  nail specialists and trainees shall include education
 in the area of causes of infection  and  bacteriology.  In  promulgating
 such  rules  and  regulations the secretary shall consult with the state
 education department, the advisory  committee  established  pursuant  to
 this  article,  any  other state agencies and private industry represen-
 tatives as may be appropriate in determining minimum  training  require-
 ments.
   §  5. Paragraphs a and f of subdivision 1, subdivision 2 and paragraph
 b of subdivision 4 of section 406 of the general business law, paragraph
 a of subdivision 1, subdivision 2 and paragraph b of  subdivision  4  as
 amended by chapter 341 of the laws of 1998, paragraph f of subdivision 1
 as  added by chapter 80 of the laws of 2015, and paragraph c of subdivi-
 sion 2 as amended by section 3 of part D of chapter 328 of the  laws  of
 2014, are amended to read as follows:
   a.  Any  person intending to practice nail specialty, waxing, [natural
 hair styling,] esthetics or cosmetology as defined in this  article,  or
 to  own  or  operate  an  appearance  enhancement  business, OR TO OFFER
 SERVICES AS A SALON ASSISTANT OR TO PRACTICE AS A TRAINEE,  shall  first
 make application to the secretary for a license therefor.
   f.  Notwithstanding  the  educational  requirements of this section, a
 trainee may [obtain a license to  practice  nail  specialty]  SUBMIT  AN
 APPLICATION  TO  BECOME A LICENSEE if such trainee provides satisfactory
 evidence to the secretary that such trainee has been actively engaged in
 a traineeship for a period of one year and has  completed  a  course  of
 study  set forth by the secretary. Such course of study may be delivered
 by electronic means.
   2. a. Any person seventeen years of age or  older  may  apply  to  the
 secretary  for  a  license  to practice nail specialty, waxing, [natural
 hair styling,] esthetics or cosmetology, OR TO OFFER SERVICES AS A SALON
 ASSISTANT, OR TO PRACTICE AS A TRAINEE.
   b. Each such application shall also  be  accompanied  by  satisfactory
 evidence of having taken and passed the appropriate examination or exam-
 inations  offered  by  the  secretary  pursuant  to this article for the
 license sought and evidence of the successful completion of an  approved
 course  of study in nail specialty, waxing, [natural hair styling] SALON
 ASSISTANT SERVICES, esthetics or cosmetology in a school  duly  licensed
 pursuant to the education law.
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   c.  Any  applicant  for  a license to practice nail specialty, waxing,
 [natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
 or cosmetology may submit satisfactory evidence of licensure to practice
 an equivalent occupation issued by any other state,  territory,  protec-
 torate  or  dependency of the United States or any other country in lieu
 of the evidence of schooling and examination required by  this  subdivi-
 sion,  provided  that such license was granted in compliance with stand-
 ards which were, in the judgment of the secretary, not lower than  those
 of  this  state  and  provided that such state, territory, protectorate,
 dependency, or country extends similar reciprocity to the  licensees  of
 this  state, or the applicant practiced an equivalent occupation in such
 state, territory, protectorate, dependency or country for a  minimum  of
 five years, or the applicant is a member of the household of a member of
 the  armed  forces  of the United States, national guard or reserves and
 was a member of such household  before  such  member  relocated  to  the
 state.
   d.  Notwithstanding  the  educational requirements of this section and
 the testing requirements of this section, an applicant who otherwise has
 met the licensing requirements of this article for  a  nail  specialist,
 waxer,  [natural  hair  stylist,] esthetician or cosmetologist who shall
 provide satisfactory evidence he or she has been  actively  and  contin-
 uously  engaged in the practice of nail specialty, waxing, [natural hair
 styling,] esthetics or cosmetology for at least one year  prior  to  the
 effective  date  of  this  article,  may  be  issued  a license for nail
 specialty, waxing, [natural  hair  styling,]  esthetics  or  cosmetology
 pursuant  to  this  article. Notwithstanding the educational and testing
 requirements of this section, a person licensed  to  practice  barbering
 under  article  twenty-eight  of  this chapter who otherwise has met the
 licensing requirements of this article may be issued a license to [prac-
 tice natural hairstyling] PROVIDE SALON ASSISTANT SERVICES.  Other  than
 applicants  licensed  under  article twenty-eight of this chapter, those
 persons who apply after a twelve month period from the effective date of
 this article will be required to provide evidence  of  training  and  to
 take  the  examination  or  examinations  as required for other licenses
 pursuant to this article.
   e. Upon acceptance by the secretary of a  proper  application  for  an
 operator's  license  to  practice  nail  [speciality] SPECIALTY, waxing,
 [natural hair styling] OR TO PROVIDE SALON ASSISTANT SERVICES, esthetics
 or cosmetology, the secretary may issue a temporary  operator's  license
 which  shall expire six months from issuance. Upon good cause shown, the
 secretary may renew a temporary operator's license  for  one  additional
 six-month period upon filing the appropriate application and fee.
   b.  In  the  case of persons who are called to active military service
 and will be discharged from active military service, the period  of  two
 years  specified  in paragraph d of subdivision two of this section need
 not be continuous. The length of time such person  was  engaged  in  the
 practice of nail specialty, waxing, [natural hair styling,] esthetics or
 cosmetology,  OR  TO  PROVIDE  SALON ASSISTANT SERVICES, before entering
 active military service may be added to any period of time during  which
 such person was or is engaged in the practice of nail specialty, waxing,
 [natural  hair  styling,] esthetics or cosmetology after the termination
 of active military service.
   § 6. Subdivision 1 of section 407 of  the  general  business  law,  as
 amended  by  section 1 of chapter 255 of the laws of 1999, is amended to
 read as follows:
 S. 8008--A                         50                         A. 9008--A

   1. The examinations for the license to practice  [natural  hair  styl-
 ing,]  esthetics,  nail specialty and cosmetology shall be practical and
 written. The examinations for the license to practice  waxing  shall  be
 limited to a written examination only. THE EXAMINATIONS TO PROVIDE SALON
 ASSISTANT SERVICES SHALL BE LIMITED TO A PRACTICAL EXAMINATION ONLY. The
 secretary  shall  determine reasonable standards of performance for each
 license and shall evaluate the prospective applicants and applicants  on
 the basis of such standards. The objectives of the examinations shall be
 to  insure  that  prospective  applicants and applicants have sufficient
 basic skills to safeguard the health and safety of  the  public  and  to
 insure that prospective applicants and applicants have attained adequate
 levels  of  skill  to competently engage in the activities authorized by
 the license.
   § 7. Subdivision 1 of section 409 of  the  general  business  law,  as
 amended  by  section  2  of part Y of chapter 60 of the laws of 2011, is
 amended to read as follows:
   1. The non-refundable fee for an application for a license  to  engage
 in  the  practice  of  nail  specialty,  waxing, [natural hair styling,]
 esthetics or cosmetology, shall be forty dollars initially and for  each
 renewal  thereof the fee shall be forty dollars; the fee for a temporary
 license and each renewal shall be ten dollars.
   § 8. Paragraph a of subdivision 2 of section 410 of the general  busi-
 ness  law,  as amended by  chapter 80 of the laws of 2015, is amended to
 read as follows:
   a. The secretary may issue an order directing  the  cessation  of  any
 activity  related  to  nail  specialty,  waxing, [natural hair styling,]
 esthetics or cosmetology, OR TO SERVICES RELATING TO  SALON  ASSISTANTS,
 for  which  a  license  is required by this article upon a determination
 that a person, partnership, limited liability company or business corpo-
 ration, engaging in the business or occupation of, or  holding  himself,
 herself  or  itself out as or acted, temporarily or otherwise, as a nail
 specialist, [natural  hair  stylist]  SALON  ASSISTANT,  esthetician  or
 cosmetologist within this state without a valid license being in effect.
 The  secretary shall, before making such determination and order, afford
 such person, partnership, limited liability company or  business  corpo-
 ration  an  opportunity to be heard in person or by counsel in reference
 thereto in an adjudicatory proceeding  held  pursuant  to  section  four
 hundred eleven of this article as applicable.
   §  9.  Subdivision  1  of  section 412 of the general business law, as
 amended by chapter 80 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   1.  The  practice  of  nail specialty, waxing, [natural hair styling,]
 esthetics or cosmetology, OR PROVIDING SALON ASSISTANT SERVICES, without
 a license or while under suspension or revocation, or in violation of an
 order directing the cessation  of  unlicensed  activity  issued  by  the
 secretary pursuant to section four hundred ten or four hundred eleven of
 this  article, is a violation and is subject to a civil penalty of up to
 five hundred dollars for the first violation; one thousand dollars for a
 second such violation; and two thousand five hundred dollars for a third
 violation and any subsequent violation.
   § 10. This act shall take effect on  the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule or regulation by  the  secretary  of
 state necessary for the implementation of this act on its effective date
 are  authorized  to  be  made  and completed on or before such effective
 date.
 S. 8008--A                         51                         A. 9008--A
 
                                  PART X
 
   Section 1. Notwithstanding any other provision of law to the contrary,
 any  person  who  is  licensed  or certified as a physician, physician's
 assistant, massage therapist, physical therapist, chiropractor, dentist,
 optometrist, nurse, nurse practitioner,  emergency  medical  technician,
 podiatrist  or  athletic  trainer  by  a  foreign government may provide
 professional services within this state  without  first  being  licensed
 pursuant  to the provisions of title 8 of the education law or certified
 pursuant to the provisions in the public health law, as may be  applica-
 ble,  to  the  team athletes, coaches, staff and delegations originating
 from such foreign  government,  in  connection  with  the  Winter  World
 University  Games,  Lake  Placid 2023. Such services shall be limited to
 athletes and personnel in relation to the Winter World University Games,
 Lake Placid 2023, between the dates of January 5, 2023 and  January  25,
 2023.
   §  2.  Any person who is licensed or certified to practice as a physi-
 cian, physician's  assistant,  massage  therapist,  physical  therapist,
 chiropractor, dentist, optometrist, nurse, nurse practitioner, emergency
 medical  technician,  podiatrist or athletic trainer in another state or
 territory, who is in good standing in such state or territory,  and  who
 has  been  appointed  by  the Adirondack North Country Sports Council to
 provide professional services at an event in this  state  sanctioned  by
 the  Adirondack  North  Country Sports Council, may provide such profes-
 sional services to team athletes, coaches, staff  and  delegations  from
 such  state or territory registered to train at a location in this state
 or registered to compete in an event conducted under the sanction of the
 Adirondack North Country Sports Council  in  this  state  without  first
 being  licensed  pursuant  to the provisions of title 8 of the education
 law or certified pursuant to the provisions of the public health law, as
 may be applicable. Such services shall  be  limited  to  team  athletes,
 coaches, staff and delegations in relation to the Winter World Universi-
 ty  Games,  Lake  Placid  2023, between the dates of January 5, 2023 and
 January 25, 2023.
   § 3. This act shall take effect January 5, 2023 and shall  expire  and
 be deemed repealed January 25, 2023.
 
                                  PART Y
 
   Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
 New York state urban development corporation act, relating to the powers
 of the New York state urban development corporation to  make  loans,  as
 amended  by  section  1  of part J of chapter 58 of the laws of 2021, is
 amended to read as follows:
   § 2. This act shall take effect immediately  provided,  however,  that
 section  one  of  this act shall expire on July 1, [2022] 2025, at which
 time the provisions of subdivision 26 of section 5 of the New York state
 urban development corporation act shall be  deemed  repealed;  provided,
 however,  that neither the expiration nor the repeal of such subdivision
 as provided for herein shall be deemed to affect or impair in any manner
 any loan made pursuant to the authority of  such  subdivision  prior  to
 such expiration and repeal.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART Z
 S. 8008--A                         52                         A. 9008--A
 
   Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
 of  the  laws  of 1968 constituting the New York state urban development
 corporation act, as amended by section 1 of part K of chapter 58 of  the
 laws of 2021, is amended to read as follows:
   3.  The  provisions  of this section shall expire, notwithstanding any
 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
 the laws of 1996 or of any other law, on July 1, [2022] 2025.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2021.
 
                                  PART AA
 
   Section  1.  Section  17  of  part F of chapter 60 of the laws of 2015
 constituting the infrastructure investment act, as amended by section  7
 of  part  DD  of  chapter  58 of the laws of 2020, is amended to read as
 follows:
   § 17. This act shall take effect immediately and shall expire  and  be
 deemed  repealed  December 31, [2022] 2027, provided that, projects with
 requests for qualifications issued prior to such repeal shall be permit-
 ted to continue under this act notwithstanding such repeal.
   § 2. Section 14 of chapter 749 of the laws of  2019  authorizing,  for
 certain  public  works  undertaken pursuant to project labor agreements,
 use of the alternative delivery method known as design-build  contracts,
 is amended to read as follows:
   §  14.  This act shall take effect immediately and shall expire and be
 deemed repealed [three] EIGHT years  after  such  date,  provided  that,
 public  works  with  requests  for  qualifications  issued prior to such
 repeal shall be permitted to continue  under  this  act  notwithstanding
 such repeal.
   § 3. This act shall take effect immediately.

                                  PART BB
 
   Section  1.  Subparagraph  6  of  paragraph  (g)  of subdivision 11 of
 section 213 of the state finance law, as added by section 1 of  part  HH
 of chapter 59 of the laws of 2013, is amended and a new paragraph (h) is
 added to read as follows:
   (6) small scale systems integration and packaging[.]; OR
   (H) A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION.
   §  2.  Paragraph  (e)  of  subdivision  12 of section 213 of the state
 finance law, as added by chapter 705 of the laws of 1993, is amended and
 a new paragraph (f) is added to read as follows:
   (e) for certified minority-and  women-owned  businesses,  projects  to
 provide  financing necessary to carry out a procurement contract with an
 agency or authority or other entity of  the  state  or  federal  govern-
 ment[.]; OR
   (F)  PROJECTS  IN  WHICH  COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
 MAKE LOANS.
   § 3. Section 213 of the state finance law is amended by adding  a  new
 subdivision 25 to read as follows:
   25.  "COMMUNITY  DEVELOPMENT FINANCIAL INSTITUTION" MEANS AN ORGANIZA-
 TION AS DEFINED IN 12 U.S.C. 4702(5)(A).
   § 4. This act shall take effect immediately.
 
                                  PART CC
 S. 8008--A                         53                         A. 9008--A
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  New  York  state  urban  development corporation act, is amended by
 adding a new section 16-gg to read as follows:
   §  16-GG.  SMALL BUSINESS SEED FUNDING GRANT PROGRAM.  1. DEFINITIONS.
 AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)"SMALL  BUSINESS"  SHALL  MEAN A BUSINESS WHICH IS RESIDENT IN THIS
 STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD,  AND
 EMPLOYS  ONE  HUNDRED  OR  LESS PERSONS, WAS STARTED ON MARCH 1, 2019 OR
 LATER AND HAS BEEN OPERATIONAL FOR A MINIMUM  OF  SIX  MONTHS  PRIOR  TO
 APPLICATION.
   (B)"MICRO-BUSINESS"  SHALL MEAN A BUSINESS WHICH IS A RESIDENT IN THIS
 STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD,  AND
 EMPLOYS TEN OR LESS PERSONS.
   (C)"THE  PROGRAM"  SHALL  MEAN  THE  SMALL BUSINESS SEED FUNDING GRANT
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (D)"APPLICANT" SHALL MEAN A SMALL BUSINESS OR  FOR-PROFIT  INDEPENDENT
 ARTS  AND  CULTURAL  ORGANIZATION  SUBMITTING AN APPLICATION FOR A GRANT
 AWARD TO THE PROGRAM.
   2. SMALL BUSINESS SEED FUNDING GRANT PROGRAM  ESTABLISHED.  THE  SMALL
 BUSINESS SEED FUNDING GRANT PROGRAM IS HEREBY CREATED TO PROVIDE ASSIST-
 ANCE TO EARLY-STAGE SMALL BUSINESSES TO SUCCEED IN A RECOVERING NEW YORK
 STATE ECONOMY.
   3.  AUTHORIZATION.  THE CORPORATION IS HEREBY AUTHORIZED, USING AVAIL-
 ABLE FUNDS,  TO  ISSUE  GRANTS  AND  PROVIDE  TECHNICAL  ASSISTANCE  AND
 OUTREACH  TO  SMALL BUSINESSES AND TECHNICAL ASSISTANCE PARTNERS FOR THE
 PURPOSE OF AIDING THE RECOVERY OF THE NEW YORK STATE  ECONOMY,  AND  MAY
 PROMULGATE GUIDELINES TO EFFECTUATE THE PURPOSES HEREIN.
   4.  SELECTION  CRITERIA  AND  APPLICATION  PROCESS. (A) IN ORDER TO BE
 ELIGIBLE FOR A GRANT OR ADDITIONAL FORM OF SUPPORT UNDER THE PROGRAM, AN
 ELIGIBLE SMALL BUSINESS SHALL:
   (I) BE INCORPORATED IN NEW YORK STATE OR LICENSED OR REGISTERED TO  DO
 BUSINESS  IN  NEW  YORK  STATE  AND MUST BE RESIDENT IN THE STATE OF NEW
 YORK;
   (II) BE A CURRENTLY VIABLE SMALL BUSINESS  THAT  STARTED  BUSINESS  ON
 MARCH  1, 2019 OR LATER AND HAS BEEN OPERATIONAL FOR AT LEAST SIX MONTHS
 BEFORE APPLICATION;
   (III) HAVE BETWEEN FIVE THOUSAND AND  ONE  MILLION  DOLLARS  IN  GROSS
 RECEIPTS  OR  BE  ABLE  TO  DEMONSTRATE TEN THOUSAND DOLLARS IN BUSINESS
 EXPENSES;
   (IV) BE IN SUBSTANTIAL COMPLIANCE WITH APPLICABLE FEDERAL,  STATE  AND
 LOCAL LAWS, REGULATIONS, CODES AND REQUIREMENTS; AND
   (V)  NOT  OWE  ANY  FEDERAL, STATE OR LOCAL TAXES, OR HAVE AN APPROVED
 REPAYMENT, DEFERRAL PLAN, OR AGREEMENT WITH APPROPRIATE FEDERAL,  STATE,
 AND LOCAL TAXING AUTHORITIES.
   (B)  GRANTS  AWARDED  FROM THIS PROGRAM SHALL BE AVAILABLE TO ELIGIBLE
 MICRO-BUSINESSES AND SMALL BUSINESSES THAT DO NOT QUALIFY  FOR  BUSINESS
 ASSISTANCE  GRANT PROGRAMS UNDER THE FEDERAL AMERICAN RESCUE PLAN ACT OF
 2021 OR ANY OTHER AVAILABLE FEDERAL COVID-19 ECONOMIC RECOVERY OR  BUSI-
 NESS  ASSISTANCE  GRANT  PROGRAMS,  INCLUDING  LOANS  FORGIVEN UNDER THE
 FEDERAL PAYCHECK PROTECTION PROGRAM, OR ARE UNABLE TO OBTAIN  SUFFICIENT
 BUSINESS  ASSISTANCE  FROM SUCH FEDERAL PROGRAMS, WITH PRIORITY GIVEN TO
 SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS OWNERS  INCLUDING,  BUT
 NOT  LIMITED TO, MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, SERVICE-
 DISABLED VETERAN-OWNED  BUSINESSES,  AND  VETERAN-OWNED  BUSINESSES,  OR
 S. 8008--A                         54                         A. 9008--A
 
 BUSINESSES  LOCATED  IN  COMMUNITIES  THAT  WERE ECONOMICALLY DISTRESSED
 PRIOR TO MARCH 1, 2020, AS DETERMINED BY THE MOST RECENT CENSUS DATA.
   5.  ELIGIBLE COSTS. (A) ELIGIBLE COSTS CONSIDERED FOR MICRO-BUSINESSES
 AND SMALL BUSINESSES UNDER THIS PROGRAM MUST HAVE BEEN INCURRED  BETWEEN
 MARCH 1, 2019 AND JANUARY 1, 2022.
   (B)  (I)  THE  FOLLOWING  COSTS INCURRED BY A MICRO-BUSINESS AND SMALL
 BUSINESSES, SHALL BE CONSIDERED ELIGIBLE UNDER THE PROGRAM AT A MINIMUM:
 PAYROLL COSTS; COSTS OF RENT OR MORTGAGE AS PROVIDED FOR IN SUBPARAGRAPH
 (II) OF THIS PARAGRAPH; COSTS OF REPAYMENT OF LOCAL PROPERTY  OR  SCHOOL
 TAXES  ASSOCIATED WITH SUCH SMALL BUSINESS'S LOCATION AS PROVIDED FOR IN
 SUBPARAGRAPH (III) OF THIS PARAGRAPH; INSURANCE  COSTS;  UTILITY  COSTS;
 COSTS OF PERSONAL PROTECTION EQUIPMENT (PPE) NECESSARY TO PROTECT WORKER
 AND CONSUMER HEALTH AND SAFETY; HEATING, VENTILATION, AND AIR CONDITION-
 ING (HVAC) COSTS, OR OTHER MACHINERY OR EQUIPMENT COSTS, OR SUPPLIES AND
 MATERIALS  NECESSARY  FOR  COMPLIANCE  WITH  COVID-19  HEALTH AND SAFETY
 PROTOCOLS, AND OTHER DOCUMENTED COVID-19 COSTS AS APPROVED BY THE CORPO-
 RATION.
   (II) MORTGAGE PAYMENTS OR COMMERCIAL RENT SHALL BE CONSIDERED ELIGIBLE
 COSTS.
   (III) PAYMENT OF LOCAL  PROPERTY  TAXES  AND  SCHOOL  TAXES  SHALL  BE
 CONSIDERED ELIGIBLE COSTS.
   (C)  GRANTS  AWARDED  UNDER THE PROGRAM SHALL NOT BE USED TO RE-PAY OR
 PAY DOWN ANY PORTION OF A LOAN OBTAINED THROUGH  A  FEDERAL  CORONAVIRUS
 RELIEF  PACKAGE  FOR  BUSINESS ASSISTANCE OR ANY NEW YORK STATE BUSINESS
 ASSISTANCE PROGRAMS.
   6. APPLICATION AND APPROVAL PROCESS. (A) AN  ELIGIBLE  MICRO-BUSINESS,
 SMALL  BUSINESS SHALL SUBMIT A COMPLETE APPLICATION IN A FORM AND MANNER
 PRESCRIBED BY THE CORPORATION.
   (B) THE CORPORATION SHALL ESTABLISH THE PROCEDURES AND TIME PERIOD FOR
 MICRO-BUSINESSES AND SMALL BUSINESSES  TO  SUBMIT  APPLICATIONS  TO  THE
 PROGRAM.  AS PART OF THE APPLICATION EACH MICRO-BUSINESS AND SMALL BUSI-
 NESS SHALL PROVIDE SUFFICIENT DOCUMENTATION IN A  MANNER  PRESCRIBED  BY
 THE  CORPORATION  TO DEMONSTRATE HARDSHIP, AND PREVENT FRAUD, WASTE, AND
 ABUSE.
   7. TECHNICAL ASSISTANCE AND OUTREACH. THE  CORPORATION  MAY  OFFER  OR
 MAKE  AVAILABLE TO ALL APPLICANTS, REGARDLESS OF APPROVAL STATUS, DIRECT
 OR INDIRECT ACCESS TO FINANCIAL AND BUSINESS PLANNING,  LEGAL  CONSULTA-
 TION, LANGUAGE ASSISTANCE SERVICES, MENTORING SERVICES FOR POST-PANDEMIC
 PLANNING, REOPENING PLANNING ASSISTANCE AND OTHER ASSISTANCE AND SUPPORT
 AS  DETERMINED  BY  THE  CORPORATION.  ASSISTANCE, SUPPORT, OUTREACH AND
 OTHER SERVICES MAY BE PROVIDED  BY  OR  THROUGH  PARTNER  ORGANIZATIONS,
 INCLUDING BUT NOT LIMITED TO CHAMBERS OF COMMERCE, LOCAL BUSINESS DEVEL-
 OPMENT  CORPORATIONS,  TRADE  ASSOCIATIONS AND OTHER COMMUNITY ORGANIZA-
 TIONS THAT HAVE EXPERTISE AND BACKGROUND IN PROVIDING TECHNICAL  ASSIST-
 ANCE, AT THE DISCRETION OF THE CORPORATION.
   § 2. This act shall take effect immediately.
 
                                  PART DD

   Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
 public authorities law relating to the powers and duties of the dormito-
 ry authority of the state of New York relative to the  establishment  of
 subsidiaries for certain purposes, as amended by section 1 of part CC of
 chapter 58 of the laws of 2020, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on July 1, [2022] 2025; provided however, that the expi-
 S. 8008--A                         55                         A. 9008--A
 
 ration of this act shall not impair  or  otherwise  affect  any  of  the
 powers,  duties,  responsibilities,  functions, rights or liabilities of
 any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
 section 1678 of the public authorities law prior to such expiration.
   § 2. This act shall take effect immediately.
 
                                  PART EE
 
   Section  1.  Paragraph  (b)  of  subdivision  2 of section 1676 of the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   ANY NOT-FOR-PROFIT  CORPORATION  OR  COLLABORATION  OF  NOT-FOR-PROFIT
 CORPORATIONS,  FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED TO
 PHYSICAL INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE  MILLION
 DOLLARS. FOR THE PURPOSES OF THIS PARAGRAPH "NOT-FOR-PROFIT CORPORATION"
 SHALL  MEAN  A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN CORPORATION AS
 DEFINED IN SECTION ONE HUNDRED TWO  OF  THE  NOT-FOR-PROFIT  CORPORATION
 LAW.    ANY  SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS THE REQUISITE
 CREDIT STANDING TO SECURE SUCH FUNDING IN THE PRIVATE OR PUBLIC  CAPITAL
 MARKETS  TO  BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORITY PURSUANT TO
 SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED EIGHTY OF THIS TITLE.
   § 2. Subdivision 1 of section 1680 of the public  authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   ANY  NOT-FOR-PROFIT  CORPORATION  OR  COLLABORATION  OF NOT-FOR-PROFIT
 CORPORATIONS, FOR CAPITAL PROJECTS LOCATED IN NEW YORK STATE RELATED  TO
 PHYSICAL  INFRASTRUCTURE WITH A TOTAL COST OF NOT LESS THAN FIVE MILLION
 DOLLARS.   FOR THE PURPOSES OF  THIS  PARAGRAPH  "NOT-FOR-PROFIT  CORPO-
 RATION"  SHALL  MEAN A DOMESTIC CORPORATION OR AUTHORIZED FOREIGN CORPO-
 RATION AS DEFINED IN SECTION  ONE  HUNDRED  TWO  OF  THE  NOT-FOR-PROFIT
 CORPORATION  LAW.  ANY SUCH NOT-FOR-PROFIT CORPORATION SHALL POSSESS THE
 REQUISITE CREDIT STANDING TO SECURE  SUCH  FUNDING  IN  THE  PRIVATE  OR
 PUBLIC CAPITAL MARKETS TO BE ELIGIBLE TO OBTAIN A LOAN FROM THE AUTHORI-
 TY PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   §  3.  Nothing in this act is intended to limit, impair, or affect the
 legal authority of the Dormitory Authority of  the  state  of  New  York
 under any other provision of law.
   § 4. This act shall take effect immediately.
 
                                  PART FF
 
   Section  1.  Section  1678 of the public authorities law is amended by
 adding a new subdivision 30 to read as follows:
   30. (A) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,
 WHEN  AWARDING  A  CONTRACT FOR PUBLIC WORK, THE AUTHORITY MAY ESTABLISH
 GUIDELINES GOVERNING THE QUALIFICATIONS OF BIDDERS  SEEKING  TO  BID  OR
 ENTER  INTO  SUCH  CONTRACTS.  IF THE AUTHORITY MAINTAINS AN APPROPRIATE
 LIST OF QUALIFIED BIDDERS, THE BIDDING SHALL BE RESTRICTED TO THOSE  WHO
 HAVE QUALIFIED PRIOR TO THE RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED
 BY  THE AUTHORITY. IN DETERMINING WHETHER A PROSPECTIVE BIDDER QUALIFIES
 FOR INCLUSION ON A LIST OF PREQUALIFIED  BIDDERS,  THE  AUTHORITY  SHALL
 CONSIDER  THE  EXPERIENCE  AND  RECORD OF PERFORMANCE OF THE PROSPECTIVE
 BIDDER IN THE PARTICULAR TYPE OF WORK, AS WELL AS: (I)  THE  PROSPECTIVE
 BIDDER'S  ABILITY  TO  UNDERTAKE  THE  PARTICULAR TYPE AND COMPLEXITY OF
 WORK; (II) THE FINANCIAL CAPABILITY, RESPONSIBILITY AND  RELIABILITY  OF
 THE  PROSPECTIVE  BIDDER FOR SUCH TYPE AND COMPLEXITY OF WORK; (III) THE
 RECORD OF THE PROSPECTIVE BIDDER IN COMPLYING WITH EXISTING LABOR STAND-
 S. 8008--A                         56                         A. 9008--A
 
 ARDS AND MAINTAINING HARMONIOUS LABOR RELATIONS;  (IV)  THE  PROSPECTIVE
 BIDDER'S  COMPLIANCE  WITH EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS AND
 ANTI-DISCRIMINATION LAWS, AND DEMONSTRATED COMMITMENT  TO  WORKING  WITH
 MINORITY  AND  WOMEN-OWNED  BUSINESSES THROUGH JOINT VENTURES OR SUBCON-
 TRACTOR RELATIONSHIPS; AND (V) THE RECORD OF THE PROSPECTIVE  BIDDER  IN
 PROTECTING THE HEALTH AND SAFETY OF WORKERS ON PUBLIC WORKS PROJECTS AND
 JOB SITES AS DEMONSTRATED BY THE PROSPECTIVE BIDDER'S EXPERIENCE MODIFI-
 CATION RATE FOR EACH OF THE LAST THREE YEARS.
   (B)  THE AUTHORITY SHALL, NOT LESS THAN ANNUALLY, PUBLISH IN A NEWSPA-
 PER OF GENERAL CIRCULATION OR POST IN THE NEW YORK STATE CONTRACT REPOR-
 TER AN ADVERTISEMENT REQUESTING PROSPECTIVE BIDDERS TO SUBMIT QUALIFICA-
 TION STATEMENTS.  LISTS OF PREQUALIFIED BIDDERS MAY BE ESTABLISHED ON  A
 PROJECT-SPECIFIC  BASIS.  PREQUALIFIED  LISTS  SHALL INCLUDE ALL BIDDERS
 THAT QUALIFY; PROVIDED, HOWEVER, THAT ANY SUCH LIST SHALL HAVE  NO  LESS
 THAN  FIVE  BIDDERS  BUT  SHALL REMAIN OPEN FOR ALL ADDITIONAL QUALIFIED
 BIDDERS. THE AUTHORITY'S  PROCEDURES  FOR  PREQUALIFYING  BIDDERS  SHALL
 INCLUDE  AN  APPEALS  PROCESS FOR THOSE DENIED A PLACE ON A PREQUALIFIED
 LIST. ANY DENIAL MUST BE BASED  UPON  SUBSTANTIAL  EVIDENCE,  CANNOT  BE
 ARBITRARY OR CAPACIOUS, AND SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT
 TO  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES.   THE
 AUTHORITY MAY MOVE FORWARD ON THE CONTRACT AWARD DURING SUCH APPEALS.
   § 2. This act shall take effect immediately.
 
                                  PART GG
 
   Section 1.  Paragraph (b) of subdivision 2  of  section  1676  of  the
 public authorities law is amended by adding a new undesignated paragraph
 to read as follows:
   ANY  RECIPIENT  OF  LOANS  OR  GRANTS AWARDED PURSUANT TO THE DOWNTOWN
 REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF  STATE
 AND  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
 HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
   § 2.  Subdivision 1 of section 1680 of the public authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   ANY  RECIPIENT  OF  LOANS  OR  GRANTS AWARDED PURSUANT TO THE DOWNTOWN
 REVITALIZATION PROGRAM DESIGNED AND EXECUTED BY THE DEPARTMENT OF  STATE
 AND  THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL FOR TRANSFORMATIVE
 HOUSING, ECONOMIC DEVELOPMENT, TRANSPORTATION, AND COMMUNITY PROJECTS.
   § 3. This act shall take effect immediately.

                                  PART HH
 
   Section 1. Section 1678 of the public authorities law  is  amended  by
 adding a new subdivision 30 to read as follows:
   30.  TO ENTER INTO A DESIGN AND CONSTRUCTION MANAGEMENT AGREEMENT WITH
 ANY STATE AUTHORITY, PURSUANT TO WHICH ONE OR MORE FACILITIES ARE TO  BE
 PLANNED,  DESIGNED, CONSTRUCTED, RECONSTRUCTED, REHABILITATED, IMPROVED,
 FURNISHED, OR EQUIPPED FOR SUCH STATE AUTHORITY.  ANY  SUCH  DESIGN  AND
 CONSTRUCTION MANAGEMENT AGREEMENT ENTERED INTO PURSUANT TO THIS SUBDIVI-
 SION   SHALL  PROVIDE  FOR  THE  FOLLOWING;  THE  SCOPE  OF  DESIGN  AND
 CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED, THE FEES TO BE  CHARGED
 BY THE DORMITORY AUTHORITY AND THE SOURCES OF FUNDS FOR THE PROJECTS. NO
 DESIGN-BUILD  CONTRACT  AS DEFINED IN PART F OF CHAPTER FIFTY-SIX OF THE
 LAWS OF TWO THOUSAND ELEVEN SHALL BE AWARDED PURSUANT TO  THIS  SUBDIVI-
 SION  EXCEPT IF THE STATE AUTHORITY IS OTHERWISE AUTHORIZED TO UTILIZE A
 DESIGN-BUILD CONTRACT. FOR THE PURPOSES OF  THIS  SUBDIVISION  THE  TERM
 S. 8008--A                         57                         A. 9008--A
 
 "STATE  AUTHORITY"  SHALL  HAVE  THE SAME MEANING AS DEFINED PURSUANT TO
 SECTION TWO OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
                                  PART II
 
   Section 1. Section 99-ii of the state finance law is amended by adding
 a new subdivision 2-a to read as follows:
   2-A.  REVENUES DEPOSITED INTO THIS FUND PURSUANT TO SECTION FIFTEEN OF
 THE CANNABIS LAW SHALL FIRST BE USED TO  REIMBURSE  THE  STATE  FOR  ANY
 FUNDS  DEPOSITED  INTO THIS FUND FROM THE STATE GENERAL FUND AND USED TO
 SUPPORT EXPENDITURES AUTHORIZED UNDER PARAGRAPH (C) OF SUBDIVISION THREE
 OF THIS SECTION.
   § 2. Subparagraph (c) of subdivision 3 of section 99-ii of  the  state
 finance  law,  as added by chapter 92 of the laws of 2021, is amended to
 read as follows:
   (c) Actual and necessary costs incurred  by  the  office  of  cannabis
 management  and  the  cannabis  control board, and the urban development
 corporation, related to  the  administration  of  incubators  and  other
 assistance  to qualified social and economic equity applicants including
 the administration, capitalization, and provision of low and zero inter-
 est loans to such applicants pursuant to section sixteen-ee of the urban
 development corporation act[. Such] AND THE FUNDING OF, WHETHER DIRECTLY
 OR INDIRECTLY BY INVESTMENT IN A PRIVATE DEBT OR EQUITY FUND FORMED  FOR
 THE  LIMITED  PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
 ESTABLISHING ADULT-USE CANNABIS RETAIL  DISPENSARIES  FOR  OPERATION  BY
 SOCIAL  AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO ARTICLE
 FOUR OF THE CANNABIS LAW.  SUCH FIXED CAPITAL COSTS SHALL  INCLUDE,  BUT
 ARE  NOT  LIMITED  TO,  ALL  COSTS  RELATED TO THE ACQUISITION, LEASING,
 PURCHASING, PLANNING, DESIGN,  CONSTRUCTION,  RECONSTRUCTION,  REHABILI-
 TATION, IMPROVEMENT, FURNISHING, OR EQUIPPING OF SUCH ADULT-USE CANNABIS
 RETAIL  DISPENSARIES, WHETHER SUCH WORK HAS BEEN UNDERTAKEN OR COSTS FOR
 SUCH WORK INCURRED BY (I) THE OFFICE  OF  CANNABIS  MANAGEMENT  AND  THE
 CANNABIS CONTROL BOARD, (II) THE DORMITORY AUTHORITY OF THE STATE OF NEW
 YORK,  OR  ANY  SUBSIDIARY  THEREOF,  UNDER AGREEMENT WITH THE OFFICE OF
 CANNABIS MANAGEMENT AND THE CANNABIS CONTROL BOARD, OR WITH THE  PRIVATE
 DEBT  OR EQUITY FUND FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
 CAPITAL COSTS  ASSOCIATED  WITH  ESTABLISHING  SUCH  ADULT-USE  CANNABIS
 RETAIL DISPENSARIES, OR (III) THE PRIVATE DEBT OR EQUITY FUND FORMED FOR
 THE  LIMITED  PURPOSE OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH
 ESTABLISHING SUCH ADULT-USE CANNABIS RETAIL DISPENSARIES.  PAYMENTS  FOR
 THE  FIXED  CAPITAL  COSTS  TO  ESTABLISH SUCH ADULT-USE CANNABIS RETAIL
 DISPENSARIES, INCLUDING ANY INVESTMENT IN A PRIVATE DEBT OR EQUITY  FUND
 FORMED  FOR THE LIMITED PURPOSE OF FUNDING SUCH FIXED CAPITAL COSTS, AND
 ANY REPAYMENTS OF THESE AMOUNTS MAY BE DEPOSITED IN THE NEW  YORK  STATE
 CANNABIS  REVENUE FUND OR SUCH OTHER ACCOUNT AS DETERMINED BY THE DIREC-
 TOR OF THE DIVISION OF THE BUDGET.  ALL ABOVE REFERENCED costs shall  be
 paid  out  of  revenues  received,  including,  but not limited to, from
 special one-time fees  paid  by  registered  organizations  pursuant  to
 section sixty-three of the cannabis law.
   §  3.  Section 1678 of the public authorities law is amended by adding
 two new subdivisions 30 and 31 to read as follows:
   30. TO ENTER INTO ONE OR MORE AGREEMENTS WITH THE OFFICE  OF  CANNABIS
 MANAGEMENT,  THE  CANNABIS  CONTROL BOARD, OR ANY PRIVATE DEBT OR EQUITY
 FUND, IN WHICH THE STATE OR ANY STATE AGENCY, PUBLIC  AUTHORITY,  PUBLIC
 BENEFIT  CORPORATION, OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR
 S. 8008--A                         58                         A. 9008--A
 
 THE LIMITED PURPOSE OF FUNDING THE FIXED CAPITAL COSTS  ASSOCIATED  WITH
 ESTABLISHING  ADULT-USE  CANNABIS  RETAIL  DISPENSARIES FOR OPERATION BY
 SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY LICENSED PURSUANT TO  ARTICLE
 FOUR OF THE CANNABIS LAW, FOR THE FOLLOWING PURPOSES:
   (A)  TO  ACQUIRE  BY  PURCHASE,  CONDEMNATION, GIFT, DEVISE, LEASE, OR
 OTHER AGREEMENT SUCH REAL PROPERTY OR AN  INTEREST  THEREIN  AS  MAY  BE
 NECESSARY  OR  CONVENIENT  FOR  THE  ACQUISITION,  CONSTRUCTION,  RECON-
 STRUCTION, REHABILITATION, IMPROVEMENT, OR PROVISION OF ADULT-USE CANNA-
 BIS RETAIL DISPENSARIES FOR OPERATION  BY  SOCIAL  AND  ECONOMIC  EQUITY
 LICENSEES;
   (B) TO PREPARE OR CAUSE TO BE PREPARED PLANS, SPECIFICATIONS, DESIGNS,
 AND  ESTIMATES  OF  COSTS  FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION,
 REHABILITATION, IMPROVEMENT, FURNISHING OR EQUIPPING OF ADULT-USE CANNA-
 BIS RETAIL DISPENSARIES FOR OPERATION  BY  SOCIAL  AND  ECONOMIC  EQUITY
 LICENSEES;
   (C)  TO  DESIGN,  CONSTRUCT,  RECONSTRUCT,  REHABILITATE,  OR  IMPROVE
 ADULT-USE CANNABIS RETAIL  DISPENSARIES  FOR  OPERATION  BY  SOCIAL  AND
 ECONOMIC  EQUITY  LICENSEES  AND  TO  ENTER INTO CONTRACTS TO CAUSE SUCH
 FACILITIES TO BE DESIGNED,  CONSTRUCTED,  RECONSTRUCTED,  REHABILITATED,
 IMPROVED, FURNISHED, OR EQUIPPED;
   (D)  TO  ENTER,  AS  LESSOR  OR  AS AGENT FOR THE LESSOR, INTO LEASES,
 SUBLEASES, OR OTHER AGREEMENTS  WITH  THE  SOCIAL  AND  ECONOMIC  EQUITY
 LICENSEES OPERATING THE ADULT-USE CANNABIS RETAIL DISPENSARIES;
   (E) TO ENTER, AS LENDER OR AS AGENT FOR THE LENDER, INTO LOAN OR OTHER
 AGREEMENTS  WITH  THE SOCIAL AND ECONOMIC EQUITY LICENSEES OPERATING THE
 ADULT-USE CANNABIS RETAIL DISPENSARIES; AND
   (F) TO SELL, CONVEY, LEASE, SUBLEASE OR OTHERWISE  TRANSFER  ANY  REAL
 PROPERTY  OR INTEREST THEREIN HELD BY THE AUTHORITY TO ANY PERSON, FIRM,
 ASSOCIATION, CORPORATION, OR AGENCY, INCLUDING A PUBLIC  BODY,  FOR  THE
 PURPOSE   OF  CONSTRUCTING  AN  ADULT-USE  CANNABIS  RETAIL  DISPENSARY,
 PROVIDED THAT, SIMULTANEOUSLY THEREWITH, THE AUTHORITY  ENTERS  INTO  AN
 AGREEMENT  FOR  THE  RECONVEYANCE,  PURCHASE,  LEASE, SUBLEASE, OR OTHER
 ACQUISITION OF SUCH DISPENSARY.
   31. (A) TO FORM ONE OR MORE SUBSIDIARIES FOR THE PURPOSE  OF  LIMITING
 THE  POTENTIAL LIABILITY OF THE AUTHORITY WHEN EXERCISING THE POWERS AND
 DUTIES CONFERRED UPON  THE  AUTHORITY  BY  SUBDIVISION  THIRTY  OF  THIS
 SECTION  IN  CONNECTION  WITH  CERTAIN  WORK  PERFORMED ON BEHALF OF THE
 OFFICE OF CANNABIS  MANAGEMENT,  THE  CANNABIS  CONTROL  BOARD,  OR  ANY
 PRIVATE  DEBT  OR  EQUITY  FUND  IN WHICH THE STATE OR ANY STATE AGENCY,
 PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR  DIVISION  THEREOF  HAS
 INVESTED  AND  IS  FORMED  FOR  THE LIMITED PURPOSE OF FUNDING THE FIXED
 CAPITAL COSTS ASSOCIATED WITH  ESTABLISHING  ADULT-USE  CANNABIS  RETAIL
 DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
 LICENSED  PURSUANT  TO ARTICLE FOUR OF THE CANNABIS LAW. SUCH SUBSIDIARY
 CREATED PURSUANT TO THIS SUBDIVISION MAY EXERCISE  AND  PERFORM  ONE  OR
 MORE OF THE PURPOSES, POWERS, DUTIES, FUNCTIONS, RIGHTS AND RESPONSIBIL-
 ITIES  OF  THE  AUTHORITY  OTHER  THAN  THE ISSUANCE OF INDEBTEDNESS, IN
 CONNECTION WITH REAL AND PERSONAL PROPERTY WITH  RESPECT  TO  WHICH  THE
 AUTHORITY HOLDS TITLE OR A LEASEHOLD INTEREST INCLUDING, BUT NOT LIMITED
 TO:  (I)  BIDDING FOR, TAKING, HOLDING, SELLING, CONVEYING, ASSIGNING OR
 TRANSFERRING  TITLE  TO  SUCH  PROPERTY;  (II)  ENTERING  INTO   LEASES,
 SUBLEASES, OR OTHER ARRANGEMENTS WITH REGARD TO SUCH PROPERTY AND ACTING
 IN  A MANNER CONSISTENT WITH THE RIGHTS, OBLIGATIONS OR RESPONSIBILITIES
 OF THE OWNER, LANDLORD OR TENANT OF SUCH PROPERTY PURSUANT TO SUCH LEASE
 OR SUBLEASE AGREEMENTS; (III) SERVICING LOAN PAYMENTS;  (IV)  FURNISHING
 S. 8008--A                         59                         A. 9008--A
 
 PROPERTY  MANAGEMENT SERVICES; AND (V) PROVIDING GENERAL OPERATIONAL AND
 ADMINISTRATIVE SUPPORT SERVICES.
   (B)  SUCH  SUBSIDIARY  AUTHORIZED BY PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL BE ESTABLISHED IN THE FORM OF  A  PUBLIC  BENEFIT  CORPORATION  BY
 EXECUTING AND FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCOR-
 PORATION  WHICH  SHALL  IDENTIFY  THE AUTHORITY AS THE ENTITY ORGANIZING
 SUCH SUBSIDIARY AND SET FORTH THE NAME OF SUCH SUBSIDIARY PUBLIC BENEFIT
 CORPORATION, ITS DURATION, THE LOCATION OF ITS PRINCIPAL OFFICE AND  ITS
 CORPORATE PURPOSES AS PROVIDED IN THIS SUBDIVISION AND WHICH CERTIFICATE
 MAY  BE  AMENDED  FROM  TIME TO TIME BY THE FILING OF AMENDMENTS THERETO
 WITH THE SECRETARY OF STATE. SUCH SUBSIDIARY SHALL  BE  ORGANIZED  AS  A
 PUBLIC  BENEFIT  CORPORATION, SHALL BE A BODY POLITIC AND CORPORATE, AND
 SHALL HAVE ALL THE PRIVILEGES,  IMMUNITIES,  TAX  EXEMPTIONS  AND  OTHER
 EXEMPTIONS OF THE AUTHORITY. THE MEMBERS OF SUCH SUBSIDIARY SHALL BE THE
 SAME  AS  THE MEMBERS OF THE AUTHORITY AND THE PROVISIONS OF SUBDIVISION
 TWO OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS  TITLE  SHALL  IN  ALL
 RESPECTS APPLY TO SUCH MEMBERS WHEN ACTING IN SUCH CAPACITY.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE CONSTRUED TO IMPOSE ANY
 LIABILITIES, OBLIGATIONS, OR RESPONSIBILITIES OF  SUCH  SUBSIDIARY  UPON
 THE  AUTHORITY AND THE AUTHORITY SHALL HAVE NO LIABILITY OR RESPONSIBIL-
 ITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES TO ASSUME THE SAME.
   (D) SUCH SUBSIDIARY CREATED PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
 SUBJECT  TO  ANY  OTHER  PROVISION OF THIS CHAPTER PERTAINING TO SUBSID-
 IARIES OF PUBLIC AUTHORITIES.
   § 4. Paragraph (b) of subdivision 2 of  section  1676  of  the  public
 authorities  law  is  amended by adding three undesignated paragraphs to
 read as follows:
   THE OFFICE OF CANNABIS MANAGEMENT.
   THE CANNABIS CONTROL BOARD.
   ANY PRIVATE DEBT OR EQUITY FUND IN WHICH THE STATE OR ANY STATE  AGEN-
 CY, PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, OR DIVISION THEREOF,
 HAS  INVESTED AND IS FORMED FOR THE LIMITED PURPOSE OF FUNDING THE FIXED
 CAPITAL COSTS ASSOCIATED WITH  ESTABLISHING  ADULT-USE  CANNABIS  RETAIL
 DISPENSARIES FOR OPERATION BY SOCIAL AND ECONOMIC EQUITY APPLICANTS DULY
 LICENSED PURSUANT TO ARTICLE FOUR OF THE CANNABIS LAW.
   §  5.  Subdivision  1 of section 1680 of the public authorities law is
 amended by adding three undesignated paragraphs to read as follows:
   THE OFFICE OF CANNABIS MANAGEMENT.
   THE CANNABIS CONTROL BOARD.
   ANY PRIVATE DEBT OR EQUITY FUND IN WHICH  THE  STATE  OR  ANY  AGENCY,
 AUTHORITY OR DIVISION THEREOF HAS INVESTED AND IS FORMED FOR THE LIMITED
 PURPOSE  OF FUNDING THE FIXED CAPITAL COSTS ASSOCIATED WITH ESTABLISHING
 ADULT-USE CANNABIS RETAIL  DISPENSARIES  FOR  OPERATION  BY  SOCIAL  AND
 ECONOMIC  EQUITY  APPLICANTS,  DULY LICENSED PURSUANT TO ARTICLE FOUR OF
 THE CANNABIS LAW.
   § 6. This act shall take effect immediately.
 
                                  PART JJ
 
   Section 1. Subdivision 24-e of section 10 of the highway law, as added
 by section 1 of part RRR of chapter 59 of the laws of 2019,  is  amended
 to read as follows:
   24-e. The commissioner of transportation is hereby authorized to enter
 into  an agreement with any fiber optic utility for use and occupancy of
 the state right of way for the purposes of installing, modifying,  relo-
 S. 8008--A                         60                         A. 9008--A
 
 cating,  repairing,  operating,  or  maintaining fiber optic facilities.
 Such agreement may include a fee for use and occupancy of the  right  of
 way,  provided,  however, such fee shall not be greater than fair market
 value.  Any provider using or occupying a right of way in fulfillment of
 a state grant award through EITHER the New NY Broadband Program  OR  ANY
 SUCCESSOR  OFFICE shall not be subject to a fee for such use or occupan-
 cy.  SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF AN AWARD RECIPI-
 ENT'S BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITHSTANDING
 CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND AND OTHER CONNECTIV-
 ITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCUPANCY. Any
 fee for use or occupancy charged to a fiber optic utility shall  not  be
 passed  through  in whole or in part as a fee, charge, increased service
 cost, or by any other means by a fiber optic utility to  any  person  or
 entity  that  contracts  with  such fiber optic utility for service. Any
 compensation received by the state pursuant to such agreement  shall  be
 deposited  by  the  comptroller  into the special obligation reserve and
 payment account of the dedicated highway and bridge  trust  fund  estab-
 lished pursuant to section eighty-nine-b of the state finance law. Noth-
 ing herein shall impair, inhibit, or otherwise affect the ability of any
 municipality to regulate zoning, land use, or any other power or author-
 ity  granted  under the law.  For purposes of this subdivision, "munici-
 pality" shall include a county, city, village, or town.
   § 2. Section 7 of the transportation corporations  law,  as  added  by
 section  2  of part RRR of chapter 59 of the laws of 2019, is amended to
 read as follows:
   § 7. Agreement for fiber optic utility  use  and  occupancy  of  state
 right of way. The commissioner of transportation is hereby authorized to
 enter  into  an agreement with any fiber optic utility for use and occu-
 pancy of the state right of way for the purposes of installing,  modify-
 ing, relocating, repairing, operating, or maintaining fiber optic facil-
 ities.  Such  agreement  may  include a fee for use and occupancy of the
 right of way, provided, however, such fee shall not be greater than fair
 market value. Any provider using or occupying a right of way in fulfill-
 ment of a state grant award through EITHER the New NY Broadband  Program
 OR  ANY  SUCCESSOR  OFFICE shall not be subject to a fee for such use or
 occupancy. SUCH EXEMPTION SHALL BE APPLIED TO THE ENTIRETY OF  AN  AWARD
 RECIPIENT'S  BUILT FOOTPRINT, AND NO PORTION OF SUCH FOOTPRINT, NOTWITH-
 STANDING CURRENT STATUS AS IT RELATES TO ACCESS TO BROADBAND  AND  OTHER
 CONNECTIVITY INFRASTRUCTURE, SHALL BE SUBJECT TO A FEE FOR USE AND OCCU-
 PANCY.  Any  fee  for  use or occupancy charged to a fiber optic utility
 shall not be passed through in whole  or  in  part  as  a  fee,  charge,
 increased  service  cost, or by any other means by a fiber optic utility
 to any person or entity that contracts with such fiber optic utility for
 service. Any compensation received by the state pursuant to such  agree-
 ment  shall  be deposited by the comptroller into the special obligation
 reserve and payment account of the dedicated highway  and  bridge  trust
 fund  established pursuant to section eighty-nine-b of the state finance
 law. Nothing herein shall impair, inhibit, or otherwise affect the abil-
 ity of any municipality to regulate zoning, land use, or any other power
 or authority granted under the law. For purposes of this section, "muni-
 cipality" shall include a county, city, village, or town.
   § 3. This act shall take effect immediately; provided that the  amend-
 ments to subdivision 24-e of section 10 of the highway law and section 7
 of the transportation corporations law made by this act shall not affect
 the  repeal  of  such  subdivision  and  section and shall expire and be
 deemed repealed therewith.
 S. 8008--A                         61                         A. 9008--A
 
                                  PART KK
 
   Section  1.  Subdivision  2  of  section  27-1207 of the environmental
 conservation law, as amended by section 7 of part AA of  chapter  58  of
 the laws of 2018, is amended to read as follows:
   2.  [The] APPROPRIATIONS FOR THE solid waste mitigation program [shall
 receive no more than twenty-five million dollars] from the  clean  water
 infrastructure  act of 2017 [and] SHALL be made available to the depart-
 ment and the department of health,  as  applicable,  for  the  following
 purposes:
   a. enumeration and assessment of solid waste sites;
   b.  investigation  and  environmental  characterization of solid waste
 sites, including environmental sampling;
   c. mitigation and remediation of solid waste sites;
   d. monitoring of solid waste sites; and
   e. administration and  enforcement  of  the  requirements  of  section
 27-1203 of this title.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.   Section 27-1405 of the environmental conservation law is
 amended by adding three new subdivisions  32,  33  and  34  to  read  as
 follows:
   32.  "CONFORMING  BOA  SITE"  SHALL MEAN A SITE LOCATED WITHIN AN AREA
 DESIGNATED BY THE SECRETARY OF STATE AS A  BROWNFIELD  OPPORTUNITY  AREA
 PURSUANT  TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW
 AND FOR WHICH THE SECRETARY OF STATE HAS ISSUED AN AFFIRMATIVE  CONFORM-
 ANCE DETERMINATION PURSUANT TO SUBDIVISION TEN OF SUCH SECTION.
   33.  "DISADVANTAGED  COMMUNITY" SHALL MEAN A COMMUNITY THAT IS IDENTI-
 FIED PURSUANT TO SECTION 75-0111 OF THIS CHAPTER.
   34. "RENEWABLE ENERGY FACILITY SITE" SHALL  MEAN  REAL  PROPERTY:  (A)
 THAT  IS  PRIMARILY  USED FOR ANY RENEWABLE ENERGY SYSTEM, AS DEFINED IN
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW; (B) ANY CO-LOCATED SYSTEM
 STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY  SYSTEM  PRIOR  TO
 DELIVERING  IT  TO  THE BULK TRANSMISSION, SUB-TRANSMISSION, OR DISTRIB-
 UTION SYSTEM; OR (C) ANY STANDALONE SYSTEM STORING ENERGY INTERCONNECTED
 INTO NEW YORK'S BULK TRANSMISSION SYSTEM OR AN INVESTOR OWNED  UTILITY'S
 (IOU)   TRANSMISSION   OR  DISTRIBUTION  SYSTEM  PROVIDING  DISTRIBUTION
 SERVICES, WHOLESALE MARKET ENERGY, ANCILLARY SERVICES,  AND/OR  CAPACITY
 SERVICES,  INCLUDING  ALL ASSOCIATED APPURTENANCES TO ELECTRIC PLANTS AS
 DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE LAW.
   § 2. The opening paragraph of subdivision 1-a of  section  27-1407  of
 the  environmental conservation law, as added by section 3 of part BB of
 chapter 56 of the laws of 2015, is amended to read as follows:
   If the person is also seeking a determination that the site is  eligi-
 ble  for  the tangible property credit component of the brownfield rede-
 velopment tax credit pursuant to paragraph three of subdivision  (a)  of
 section  twenty-one of the tax law for a site located in a city having a
 population of one million or more, such person shall submit  information
 sufficient  to  demonstrate  that: (a) at least half of the site area is
 located in an environmental zone as defined in section twenty-one of the
 tax law; (b) the property is upside down or underutilized; [or] (c)  the
 project  is an affordable housing project; (D) THE PROJECT IS A CONFORM-
 ING BOA SITE; OR (E) THE PROJECT IS BEING DEVELOPED AS A RENEWABLE ENER-
 GY FACILITY SITE. An applicant may request an eligibility  determination
 S. 8008--A                         62                         A. 9008--A
 
 for  tangible  property  credits  at any time from application until the
 site receives a certificate of completion pursuant to section 27-1419 of
 this title except for sites seeking eligibility under the  underutilized
 category.
   §  3. Section 27-1409 of the environmental conservation law is amended
 by adding a new subdivision 13 to read as follows:
   13. AFTER ACCEPTANCE BY THE DEPARTMENT, AN EXECUTED BROWNFIELD CLEANUP
 AGREEMENT SHALL BE SUBMITTED AND RETURNED TO THE DEPARTMENT WITH PAYMENT
 OF A NONREFUNDABLE PROGRAM FEE IN THE AMOUNT OF FIFTY THOUSAND  DOLLARS,
 WHICH  SHALL  BE DEPOSITED TO THE CREDIT OF THE OVERSIGHT AND ASSISTANCE
 ACCOUNT OF THE HAZARDOUS WASTE REMEDIAL FUND PURSUANT TO  SECTION  NINE-
 TY-SEVEN-B  OF THE STATE FINANCE LAW. THE DEPARTMENT MAY REDUCE OR WAIVE
 SUCH FEE UPON A DEMONSTRATION OF FINANCIAL HARDSHIP  BY  THE  APPLICANT.
 PROGRAM  FEES SHALL NOT QUALIFY FOR ANY OF THE TAX CREDITS AVAILABLE FOR
 BROWNFIELD SITES UNDER SECTIONS TWENTY-ONE, TWENTY-TWO, AND TWENTY-THREE
 OF THE TAX LAW.
   § 4. Paragraph 2 of subdivision (a) of section 21 of the tax  law,  as
 amended  by  section  1 of part H of chapter 577 of the laws of 2004, is
 amended to read as follows:
   (2) Site preparation credit component.  The  site  preparation  credit
 component shall be equal to the applicable percentage of the site prepa-
 ration  costs  paid or incurred by the taxpayer with respect to a quali-
 fied site. The credit component amount so determined with respect  to  a
 site's  qualification  for  a certificate of completion shall be allowed
 for the taxable year in which the effective date of the  certificate  of
 completion  occurs.  The  credit  component amount determined other than
 with respect to such qualification shall be allowed for the taxable year
 in which the improvement to which the applicable costs apply  is  placed
 in  service  for  up  to  five  taxable years after the issuance of such
 certificate of completion; PROVIDED, HOWEVER,  THAT  FOR  ANY  QUALIFIED
 SITE  TO  WHICH  A  CERTIFICATE OF COMPLETION IS ISSUED ON OR AFTER JULY
 FIRST, TWO THOUSAND FIFTEEN BUT ON OR  BEFORE  JUNE  TWENTY-FOURTH,  TWO
 THOUSAND  TWENTY-ONE,  THE  SITE  PREPARATION  CREDIT COMPONENT FOR SUCH
 COSTS SHALL BE ALLOWED FOR UP TO SEVEN TAXABLE YEARS AFTER THE  ISSUANCE
 OF SUCH CERTIFICATE OF COMPLETION.
   §  5.  Paragraph 4 of subdivision (a) of section 21 of the tax law, as
 amended by section 1 of part H of chapter 577 of the laws  of  2004,  is
 amended to read as follows:
   (4)  On-site  groundwater  remediation  credit  component. The on-site
 groundwater remediation credit component shall be equal to the  applica-
 ble  percentage  of  the  on-site  groundwater remediation costs paid or
 incurred by the taxpayer with respect to a qualified site (to the extent
 that such groundwater remediation costs are not included in the determi-
 nation of the site  preparation  credit  or  the  cost  or  other  basis
 included  in  the  determination  of  the tangible property credit). The
 credit component so determined for costs incurred and paid with  respect
 to  and  prior  to  the issuance of a certificate of completion shall be
 allowed for the taxable year in which the effective date of the issuance
 of a certificate of  completion  occurs.  The  credit  component  amount
 determined  in taxable years after the effective date of the issuance of
 a certificate of completion shall be allowed in the  taxable  year  such
 qualified costs are incurred and paid for up to five taxable years after
 the  issuance of such certificate of completion; PROVIDED, HOWEVER, THAT
 WITH RESPECT TO ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION
 HAS BEEN ISSUED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT  ON  OR
 BEFORE JUNE TWENTY-FOURTH, TWO THOUSAND TWENTY-ONE, THE CREDIT COMPONENT
 S. 8008--A                         63                         A. 9008--A

 AMOUNT DETERMINED IN TAXABLE YEARS AFTER THE EFFECTIVE DATE OF THE ISSU-
 ANCE OF A CERTIFICATE OF COMPLETION SHALL BE ALLOWED IN THE TAXABLE YEAR
 SUCH QUALIFIED COSTS ARE INCURRED AND PAID FOR UP TO SEVEN TAXABLE YEARS
 AFTER THE ISSUANCE OF SUCH CERTIFICATE OF COMPLETION.
   §  6. Subparagraph (B) of paragraph 5 of subdivision (a) of section 21
 of the tax law, as amended by section 21 of part BB of chapter 56 of the
 laws of 2015, is amended to read as follows:
   (B) With respect to such qualified site for which  the  department  of
 environmental  conservation  has  issued  a notice to the taxpayer on or
 after July first, two thousand fifteen [or the date  of  publication  in
 the  state  register of proposed regulations defining "underutilized" as
 provided in subdivision thirty of section 27-1405 of  the  environmental
 conservation  law,  whichever  shall  be  later],  that  its request for
 participation has been accepted under subdivision six of section 27-1407
 of the environmental conservation law, the applicable percentage for the
 tangible property credit component of the brownfield  redevelopment  tax
 credit  pursuant  to  paragraph  three  of  [subdivision  (a)  of]  this
 [section] SUBDIVISION shall be the sum of ten percent and the  following
 additional  percentages,  provided that if the sum is greater than twen-
 ty-four percent, the total percentage of the  tangible  property  credit
 component  shall  be twenty-four percent and is otherwise subject to the
 limitations set forth in paragraphs three and  three-a  of  [subdivision
 (a) of] this [section] SUBDIVISION:
   (i) five percent for a site WHICH:
   (1) IS LOCATED within an environmental zone; OR
   (2) IS IN A DISADVANTAGED COMMUNITY AS THAT TERM IS DEFINED IN SECTION
 27-1405  OF  THE ENVIRONMENTAL CONSERVATION LAW FOR WHICH THE DEPARTMENT
 OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER ON  OR
 AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE THAT ITS REQUEST FOR
 PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407
 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (ii) five percent for a site located within  a  designated  brownfield
 opportunity  area  and  THAT is [developed in conformance with the goals
 and priorities established for that  applicable  brownfield  opportunity
 area]  A  CONFORMING BOA SITE AS THAT TERM IS DEFINED IN SECTION 27-1405
 OF THE ENVIRONMENTAL CONSERVATION LAW;
   (iii) five percent for a site  developed  as  affordable  housing,  as
 defined in section 27-1405 of the environmental conservation law;
   (iv)  five  percent  for a site to be used primarily for manufacturing
 activities as such term is defined  in  subparagraph  (B)  of  paragraph
 three-a of this subdivision; [and]
   (v)  five  percent  for  sites  remediated  to Track 1 as that term is
 defined in subdivision four of  section  27-1415  of  the  environmental
 conservation law; AND
   (VI)  FOR  A  QUALIFIED SITE FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION HAS ISSUED A NOTICE TO THE TAXPAYER  ON  OR  AFTER  JANUARY
 FIRST,  TWO THOUSAND TWENTY-THREE THAT ITS REQUEST FOR PARTICIPATION HAS
 BEEN ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW, FIVE PERCENT FOR SITES DEVELOPED AS RENEWABLE
 ENERGY FACILITY SITES AS DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL
 CONSERVATION LAW.
   § 7. Paragraph 2 of subdivision (b) of section 21 of the tax  law,  as
 amended  by  section 23 of part BB of chapter 56 of the laws of 2015, is
 amended to read as follows:
   (2) Site preparation costs. The term "site  preparation  costs"  shall
 mean  all  amounts  properly  chargeable to a capital account, which are
 S. 8008--A                         64                         A. 9008--A
 
 paid or incurred which are necessary  to  implement  a  site's  investi-
 gation,  remediation,  or qualification for a certificate of completion,
 and shall include costs of: excavation; demolition; activities undertak-
 en  under the oversight of the department of labor or in accordance with
 standards established by the  department  of  health  to  remediate  and
 dispose  of  regulated materials including asbestos, lead or polychlori-
 nated biphenyls; environmental  consulting;  engineering;  legal  costs;
 transportation, disposal, treatment or containment of contaminated soil;
 remediation  measures  taken  to  address contaminated soil vapor; cover
 systems consistent with  applicable  regulations;  physical  support  of
 excavation;  dewatering  and  other work to facilitate or enable remedi-
 ation activities; sheeting,  shoring,  and  other  engineering  controls
 required  to prevent off-site migration of contamination from the quali-
 fied site or migrating onto the qualified site; and the costs  of  fenc-
 ing,  temporary  electric  wiring,  scaffolding, and security facilities
 until such time as the certificate of completion has been  issued.  Site
 preparation shall include all costs paid or incurred within sixty months
 after  the  last  day  of  the  tax  year  in  which  the certificate of
 completion is issued that are necessary for compliance with the  certif-
 icate of completion or subsequent modifications thereof, or the remedial
 program  defined  in  such  certificate  of completion including but not
 limited to institutional controls,  engineering  controls,  an  approved
 site  management plan, and an environmental easement with respect to the
 qualified site. PROVIDED, HOWEVER, WITH RESPECT TO  ANY  QUALIFIED  SITE
 FOR  WHICH  A CERTIFICATE OF COMPLETION HAS BEEN ISSUED ON OR AFTER JULY
 FIRST, TWO THOUSAND FIFTEEN BUT ON OR  BEFORE  JUNE  TWENTY-FOURTH,  TWO
 THOUSAND TWENTY-ONE, SITE PREPARATION COSTS SHALL INCLUDE ALL SUCH COSTS
 PAID OR INCURRED WITHIN EIGHTY-FOUR MONTHS AFTER THE LAST DAY OF THE TAX
 YEAR  IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED. Site preparation
 cost shall not include the costs of foundation systems that  exceed  the
 cover system requirements in the regulations applicable to the qualified
 site.
   §  8.  Paragraph 4 of subdivision (b) of section 21 of the tax law, as
 amended by section 23 of part BB of chapter 56 of the laws of  2015,  is
 amended to read as follows:
   (4) On-site groundwater remediation costs. The term "on-site groundwa-
 ter  remediation  costs" shall mean all amounts properly chargeable to a
 capital account, which are paid  or  incurred  which  are  necessary  to
 implement a site's groundwater investigation, remediation, or qualifica-
 tion  for  a  certificate  of  completion not already covered under site
 preparation costs, and shall include costs of: environmental consulting;
 engineering;  legal  costs;  transportation,  disposal,   treatment   or
 containment  of  contaminated  groundwater; sheeting, shoring, and other
 engineering controls required to prevent off-site migration of groundwa-
 ter contamination from the qualified site or migrating onto  the  quali-
 fied site; and the costs of fencing, temporary electric wiring and secu-
 rity  facilities  until  such  time  as the certificate of completion is
 issued. On-site groundwater remediation costs shall  include  all  costs
 paid  or incurred within sixty months after the last day of the tax year
 in which the certificate of completion is issued that are necessary  for
 compliance  with  the  certificate of completion or subsequent modifica-
 tions thereof, or the  groundwater  remedial  program  defined  in  such
 certificate  of  completion  including  but not limited to institutional
 controls, engineering controls, an approved site management plan specif-
 ic to on-site groundwater remediation,  and  an  environmental  easement
 with  respect  to the qualified site. PROVIDED, HOWEVER, WITH RESPECT TO
 S. 8008--A                         65                         A. 9008--A
 
 ANY QUALIFIED SITE FOR WHICH A CERTIFICATE OF COMPLETION HAS BEEN ISSUED
 ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN BUT ON OR BEFORE JUNE TWEN-
 TY-FOURTH, TWO  THOUSAND  TWENTY-ONE,  ON-SITE  GROUNDWATER  REMEDIATION
 COSTS  SHALL  INCLUDE ALL SUCH COSTS PAID OR INCURRED WITHIN EIGHTY-FOUR
 MONTHS AFTER THE LAST DAY OF THE TAX YEAR IN WHICH  THE  CERTIFICATE  OF
 COMPLETION IS ISSUED.
   §  9.  Section 31 of part H of chapter 1 of the laws of 2003, amending
 the tax law relating to brownfield redevelopment tax credits, remediated
 brownfield credit for real property taxes for qualified sites and  envi-
 ronmental  remediation  insurance  credits,  as amended by section 32 of
 part BB of chapter 56 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   §  31.  The  tax credits allowed under section 22 or 23 of the tax law
 and the corresponding provisions in articles 9, 9-A, 22 and  33  of  the
 tax  law, as added by the provisions of sections one through twenty-nine
 of this act, shall not be applicable  to  any  site  accepted  into  the
 brownfield  cleanup  program  on  and after July 1, 2015 [or the date of
 publication in the  state  register  of  proposed  regulations  defining
 "underutilized"  as provided in subdivision 30 of section 27-1405 of the
 environmental conservation law, whichever shall be later]. The tax cred-
 its allowed under section 21  of  the  tax  law  and  the  corresponding
 provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
 provisions of sections one through twenty-nine of this act, shall not be
 applicable  to  any  site  accepted  into the brownfield cleanup program
 after December  31,  [2022]  2032,  provided,  however  that  any  sites
 accepted  on  or  before December 31, [2022] 2032 must have received the
 certificate of completion required to qualify for any of such credits on
 or before [March] DECEMBER 31, [2026] 2036.
   § 10. This act shall take effect immediately.
 
                                  PART MM
 
   Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
 section 27-1905 of the environmental conservation  law,  as  amended  by
 section  1  of  part E of chapter 58 of the laws of 2019, are amended to
 read as follows:
   1.   Until   December   thirty-first,   two   thousand    [twenty-two]
 TWENTY-SEVEN,  accept  from a customer, waste tires of approximately the
 same size and in a quantity equal to the number of new  tires  purchased
 or installed by the customer; and
   Until  December  thirty-first, two thousand [twenty-two] TWENTY-SEVEN,
 post written notice in a prominent location,  which  must  be  at  least
 eight  and  one-half  inches  by fourteen inches in size and contain the
 following language:
   § 2. Subdivisions 1, 2, 3  and  paragraph  (a)  of  subdivision  6  of
 section  27-1913  of  the  environmental conservation law, as amended by
 section 2 of part E of chapter 58 of the laws of 2019,  are  amended  to
 read as follows:
   1.    Until   December   thirty-first,   two   thousand   [twenty-two]
 TWENTY-SEVEN, a waste tire management and recycling fee of  two  dollars
 and fifty cents shall be charged on each new tire sold. The fee shall be
 paid  by  the  purchaser to the tire service at the time the new tire or
 new motor vehicle is purchased.
   The waste tire management and recycling fee does not apply to:
   (a) recapped or resold tires;
   (b) mail-order sales; or
 S. 8008--A                         66                         A. 9008--A
 
   (c) the sale of new motor vehicle tires to a  person  solely  for  the
 purpose  of  resale provided the subsequent retail sale in this state is
 subject to such fee.
   2.    Until   December   thirty-first,   two   thousand   [twenty-two]
 TWENTY-SEVEN, the tire service shall collect the waste  tire  management
 and  recycling  fee from the purchaser at the time of the sale and shall
 remit such fee to the department of taxation and finance with the  quar-
 terly report filed pursuant to subdivision three of this section.
   (a)  The  fee  imposed shall be stated as an invoice item separate and
 distinct from the selling price of the tire.
   (b) The tire service shall be entitled to retain an allowance of twen-
 ty-five cents per tire from fees collected.
   3. [Until March thirty-first, two thousand  twenty-three,  each]  EACH
 tire  service maintaining a place of business in this state shall make a
 return to the department of taxation and finance on a  quarterly  basis,
 with  the  return  for  December,  January, and February being due on or
 before the immediately following  March  thirty-first;  the  return  for
 March,  April,  and May being due on or before the immediately following
 June thirtieth; the return for June, July, and August being  due  on  or
 before the immediately following September thirtieth; and the return for
 September,  October, and November being due on or before the immediately
 following December thirty-first.
   (a) Each return shall include:
   (i) the name of the tire service;
   (ii) the address of the tire service's principal place of business and
 the address of the principal place of business (if that is  a  different
 address)  from  which the tire service engages in the business of making
 retail sales of tires;
   (iii) the name and signature of the person preparing the return;
   (iv) the total number of new tires sold at retail  for  the  preceding
 quarter and the total number of new tires placed on motor vehicles prior
 to original retail sale;
   (v) the amount of waste tire management and recycling fees due; and
   (vi)  such  other reasonable information as the department of taxation
 and finance may require.
   (b) Copies of each report shall be retained by the  tire  service  for
 three years.
   If  a  tire  service ceases business, it shall file a final return and
 remit all fees due under this title with the department of taxation  and
 finance not more than one month after discontinuing that business.
   (a) Until December thirty-first, two thousand [twenty-two] TWENTY-SEV-
 EN, any additional waste tire management and recycling costs of the tire
 service  in  excess  of the amount authorized to be retained pursuant to
 paragraph (b) of subdivision two of this section may be included in  the
 published  selling  price of the new tire, or charged as a separate per-
 tire charge on each new tire sold. When such  costs  are  charged  as  a
 separate  per-tire charge: (i) such charge shall be stated as an invoice
 item separate and distinct from the selling price of the tire; (ii)  the
 invoice shall state that the charge is imposed at the sole discretion of
 the  tire service; and (iii) the amount of such charge shall reflect the
 actual cost to the tire service for  the  management  and  recycling  of
 waste  tires accepted by the tire service pursuant to section 27-1905 of
 this title, provided however, that in no event shall such charge  exceed
 two dollars and fifty cents on each new tire sold.
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   §  3.  Subdivision 3 of section 27-1913 of the environmental conserva-
 tion law, as amended by section two of this act, is amended to  read  as
 follows:
   3.  Each  tire  service  maintaining a place of business in this state
 shall make a return to the department of  taxation  and  finance  [on  a
 quarterly  basis,  with  the  return for December, January, and February
 being due on or before the immediately following March thirty-first; the
 return for March, April, and May being due on or before the  immediately
 following  June  thirtieth;  the return for June, July, and August being
 due on or before the immediately following September thirtieth; and  the
 return  for  September, October, and November being due on or before the
 immediately following December thirty-first.
   (a) Each return shall include:
   (i) the name of the tire service;
   (ii) the address of the tire service's principal place of business and
 the address of the principal place of business (if that is  a  different
 address)  from  which the tire service engages in the business of making
 retail sales of tires;
   (iii) the name and signature of the person preparing the return;
   (iv) the total number of new tires sold at retail  for  the  preceding
 quarter and the total number of new tires placed on motor vehicles prior
 to original retail sale;
   (v) the amount of waste tire management and recycling fees due; and
   (vi)  such  other reasonable information as the department of taxation
 and finance may require.
   (b) Copies of each report shall be retained by the  tire  service  for
 three years.
   If  a  tire  service ceases business, it shall file a final return and
 remit all fees due under this title with the department of taxation  and
 finance  not  more  than one month after discontinuing that business] ON
 SUCH FORM AND INCLUDING SUCH INFORMATION AS THE COMMISSIONER OF TAXATION
 AND FINANCE MAY REQUIRE. SUCH RETURNS SHALL BE DUE AT THE SAME TIME  AND
 FOR  THE  SAME  PERIODS AS THE SALES TAX RETURN OF SUCH TIRE SERVICE, IN
 ACCORDANCE WITH SECTION ELEVEN HUNDRED THIRTY-SIX OF THE  TAX  LAW,  AND
 PAYMENT  OF  ALL  FEES  DUE FOR SUCH PERIODS SHALL BE REMITTED WITH SUCH
 RETURNS.
   § 4. Subdivision 5 of section 27-1913 of the  environmental  conserva-
 tion  law, as added by section 2 of part E of chapter 686 of the laws of
 2003, is amended to read as follows:
   5. (A) The provisions of article [twenty-seven]  TWENTY-EIGHT  of  the
 tax  law,  INCLUDING THE PROVISIONS RELATING TO DEFINITIONS, EXEMPTIONS,
 RETURNS, PERSONAL LIABILITY FOR THE TAX,  COLLECTION  OF  TAX  FROM  THE
 CUSTOMER,  PAYMENT  OF  TAX  AND  THE ADMINISTRATION OF THE TAX IMPOSED,
 shall apply to the provisions of this section in  the  same  manner  and
 with  the  same  force and effect as if the language of such article had
 been incorporated in full into this section and had  expressly  referred
 to  the  fee under this section, except to the extent that any provision
 of such article is either inconsistent with a provision of this  section
 or  is  not relevant to this section.  FOR PURPOSES OF THIS SECTION, ANY
 REFERENCE TO A TAX OR THE TAXES IMPOSED BY ARTICLE TWENTY-EIGHT  OF  THE
 TAX  LAW  SHALL BE DEEMED ALSO TO REFER TO THE WASTE TIRE MANAGEMENT AND
 RECYCLING FEE IMPOSED UNDER THE  AUTHORITY  OF  THIS  SECTION  UNLESS  A
 DIFFERENT MEANING IS CLEARLY REQUIRED.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE EXEMPTIONS PROVIDED IN SECTION ELEVEN HUNDRED SIXTEEN  OF  THE
 TAX LAW SHALL NOT APPLY TO THIS SECTION EXCEPT WITH RESPECT TO THE ENTI-
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 TIES  DESCRIBED IN PARAGRAPHS ONE, TWO, THREE AND SIX OF SUBDIVISION (A)
 OF SUCH SECTION.
   §  5.  This  act shall take effect immediately; provided that sections
 three and four of this act shall take effect on March 1, 2023; provided,
 further, that the return for the quarterly period ending on the last day
 of February, 2023 shall be due on March 31, 2023, and any fees  required
 to  be  collected  and  paid  for such period must be remitted with such
 return.
 
                                  PART NN
 
   Section 1. Sections 1, 2, and 3 of section 1 and section 2 of part  TT
 of chapter 59 of the laws of 2021 authorizing the creation of state debt
 in  the  amount  of  three  billion dollars, in relation to creating the
 environmental bond act of 2022 "restore mother nature" for the  purposes
 of  environmental  improvements  that preserve, enhance, and restore New
 York's natural resources and reduce the impact of  climate  change;  and
 providing  for the submission to the people of a proposition or question
 therefor to be voted upon at the general election to be held  in  Novem-
 ber, 2022, are amended to read as follows:
   §  1.  Short  title.  This  act shall be known and may be cited as the
 "CLEAN WATER, CLEAN AIR, AND GREEN JOBS environmental bond act  of  2022
 [restore mother nature]".
   §  2.  Creation of state debt. The creation of state debt in an amount
 not  exceeding  in  the   aggregate   [three]   FOUR   billion   dollars
 [($3,000,000,000)]  ($4,000,000,000)  is  hereby  authorized  to provide
 moneys for the single purpose of making environmental improvements  that
 preserve,  enhance,  and restore New York's natural resources and reduce
 the impact of climate change by funding capital projects  for:  restora-
 tion  and  flood  risk  reduction  not less than one billion TWO HUNDRED
 MILLION dollars [($1,000,000,000)]  ($1,200,000,000);  open  space  land
 conservation  and  recreation  up  to  [five]  SIX hundred fifty million
 dollars [($550,000,000)] ($650,000,000); climate change mitigation up to
 [seven hundred] ONE BILLION ONE HUNDRED million dollars [($700,000,000)]
 ($1,100,000,000); and, water quality improvement and  resilient  infras-
 tructure  not  less  than  [five]  SIX  hundred  fifty  million  dollars
 [($550,000,000)] ($650,000,000).
   § 3. Bonds of the state. The state comptroller  is  hereby  authorized
 and  empowered  to issue and sell bonds of the state up to the aggregate
 amount   of   [three]   FOUR    billion    dollars    [($3,000,000,000)]
 ($4,000,000,000) for the purposes of this act, subject to the provisions
 of article 5 of the state finance law. The aggregate principal amount of
 such   bonds   shall   not   exceed   [three]   FOUR   billion   dollars
 [($3,000,000,000)] ($4,000,000,000) excluding bonds issued to refund  or
 otherwise  repay  bonds  heretofore  issued  for such purpose; provided,
 however, that upon any such refunding or repayment, the total  aggregate
 principal  amount  of outstanding bonds may be greater than [three] FOUR
 billion dollars [($3,000,000,000)] ($4,000,000,000) only if the  present
 value  of the aggregate debt service of the refunding or repayment bonds
 to be issued shall not exceed the present value of  the  aggregate  debt
 service  of the bonds to be refunded or repaid. The method for calculat-
 ing present value shall be determined by law.
   § 2. This  act  shall  take  effect  immediately,  provided  that  the
 provisions  of  section one of this act shall not take effect unless and
 until this act shall have been submitted to the people  at  the  general
 election  to  be held in November 2022 and shall have been approved by a
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 majority of all votes cast for and against it at such general  election.
 Upon  approval  by the people, section one of this act shall take effect
 immediately. The ballots to be furnished for  the  use  of  voters  upon
 submission  of  this act shall be in the form prescribed by the election
 law and the proposition or question to be  submitted  shall  be  printed
 thereon  in the following form, namely "To address and combat the impact
 of climate change and damage to the environment, the "CLEAN WATER, CLEAN
 AIR, AND GREEN JOBS Environmental Bond  Act  of  2022  ["Restore  Mother
 Nature]"  authorizes  the sale of state bonds up to [three] FOUR billion
 dollars to fund environmental protection, natural restoration, resilien-
 cy, and clean energy projects. Shall the Environmental Bond Act of  2022
 be approved?".
   § 2. This act shall take effect immediately.
 
                                  PART OO
 
   Section  1.    The  article heading of article 58 of the environmental
 conservation law, as added by section 1 of part UU of chapter 59 of  the
 laws of 2021, is amended to read as follows:
   IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2022 "[RESTORE MOTHER
              NATURE] CLEAN WATER, CLEAN AIR, AND GREEN JOBS"
 
   §  2.  Subdivision 1 of section 58-0101 of the environmental conserva-
 tion law, as added by section 1 of part UU of chapter 59 of the laws  of
 2021, is amended to read as follows:
   1.  "Bonds" shall mean general obligation bonds issued pursuant to the
 environmental bond act of 2022 "[restore  mother  nature]  CLEAN  WATER,
 CLEAN  AIR,  AND  GREEN  JOBS" in accordance with article VII of the New
 York state constitution and article five of the state finance law.
   § 3. Section 58-0103 of the environmental conservation law,  as  added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0103. Allocation of moneys.
   The  moneys  received  by the state from the sale of bonds pursuant to
 the environmental bond act of 2022 shall be disbursed in  the  following
 amounts  pursuant  to  appropriations  as  specifically  provided for in
 titles three, five, seven, and nine of this article:
   1.  Not  less  than  one   billion   TWO   HUNDRED   MILLION   dollars
 [($1,000,000,000)]  ($1,200,000,000)  for  restoration  and  flood  risk
 reduction as set forth in title three of this article.
   2. Up to [five] SIX hundred  fifty  million  dollars  [($550,000,000)]
 ($650,000,000)  for  open  space land conservation and recreation as set
 forth in title five of this article.
   3.  Up  to  [seven]  ONE   BILLION   ONE   hundred   million   dollars
 [($700,000,000)]  ($1,100,000,000)  for climate change mitigation as set
 forth in title seven of this article.
   4.  Not  less  than  [five]  SIX   hundred   fifty   million   dollars
 [($550,000,000)] ($650,000,000) for water quality improvement and resil-
 ient infrastructure as set forth in title nine of this article.
   §  4.  Subdivision 1 of section 58-0105 of the environmental conserva-
 tion law, as added by section 1 of part UU of chapter 59 of the laws  of
 2021, is amended to read as follows:
   1.  Administer  funds generated pursuant to the environmental bond act
 of 2022 "[restore mother nature]  CLEAN  WATER,  CLEAN  AIR,  AND  GREEN
 JOBS".
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   §  5.  Section 58-0301 of the environmental conservation law, as added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0301. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the  environmental  bond  act  of  2022,  not  less than one billion TWO
 HUNDRED MILLION dollars  [($1,000,000,000)]  ($1,200,000,000)  shall  be
 available  for  disbursements  for  restoration and flood risk reduction
 projects developed pursuant to section 58-0303 of this title.  Not  more
 than  two  hundred  fifty  million dollars ($250,000,000) of this amount
 shall be available for projects pursuant to subdivision two  of  section
 58-0303  of  this  title  and  not less than one hundred million dollars
 ($100,000,000) each shall be available for  coastal  rehabilitation  and
 shoreline  restoration projects and projects which address inland flood-
 ing, pursuant to paragraph a of subdivision one of  section  58-0303  of
 this title.
   §  6.  Section 58-0501 of the environmental conservation law, as added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0501. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the environmental bond act of 2022  to  be  used  for  open  space  land
 conservation  and  recreation  projects,  up to [five] SIX hundred fifty
 million dollars [($550,000,000)] ($650,000,000) shall be  available  for
 programs,  plans,  and projects developed pursuant to section 58-0503 of
 this  title,  however,  not  more  than  seventy-five  million   dollars
 ($75,000,000)  shall be made available for the creation of a fish hatch-
 ery, or the improvement, expansion, repair or  maintenance  of  existing
 fish   hatcheries,   not   less   than   two   hundred  million  dollars
 ($200,000,000) shall be made available for open space land  conservation
 projects  pursuant  to paragraph a of subdivision one of section 58-0503
 of  this  title  and  not  less  than  one   hundred   million   dollars
 ($100,000,000)  shall be made available for farmland protection pursuant
 to paragraph b of subdivision one of section 58-0503 of this title.
   § 7. Section 58-0701 of the environmental conservation law,  as  added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0701. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the  environmental  bond  act  of  2022,  up  to [seven] ONE BILLION ONE
 hundred million dollars [($700,000,000)] ($1,100,000,000) shall be  made
 available  for  disbursements  for  climate  change  mitigation projects
 developed pursuant to section 58-0703 of this title. Not less than three
 hundred fifty million dollars ($350,000,000) of  this  amount  shall  be
 available for green buildings projects.
   §  8.  Section 58-0901 of the environmental conservation law, as added
 by section 1 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
 § 58-0901. Allocation of moneys.
   Of the moneys received by the state from the sale of bonds pursuant to
 the environmental bond act of 2022 for disbursements for  state  assist-
 ance  for  water quality improvement projects as defined by title one of
 this article, not less than [five] SIX  hundred  fifty  million  dollars
 [($550,000,000)]  ($650,000,000)  shall  be  available for water quality
 improvement projects developed  pursuant  to  section  58-0903  of  this
 title.  Not less than two hundred million dollars ($200,000,000) of this
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 amount shall be available for wastewater infrastructure projects  under-
 taken  pursuant  to  the New York state water infrastructure improvement
 act of 2017 pursuant to  paragraph  e  of  subdivision  one  of  section
 58-0903  of  this  title,  and not less than one hundred million dollars
 ($100,000,000) shall be  available  for  municipal  stormwater  projects
 pursuant  to  paragraph  a of subdivision one of section 58-0903 of this
 title.
   § 9. Subdivision 1 of section 58-1103 of the  environmental  conserva-
 tion  law, as added by section 1 of part UU of chapter 59 of the laws of
 2021, is amended to read as follows:
   1. No later than sixty days following the end  of  each  fiscal  year,
 each department, agency, public benefit corporation, and public authori-
 ty receiving an allocation or allocations of appropriation financed from
 the [restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS envi-
 ronmental  bond act of 2022 shall submit to the commissioner in a manner
 and form prescribed by the department, the following information  as  of
 March  thirty-first  of such fiscal year, within each category listed in
 this title: the total  appropriation;  total  commitments;  year-to-date
 disbursements; remaining uncommitted balances; and a description of each
 project.
   §  10. Section 97-tttt of the state finance law, as added by section 2
 of part UU of chapter 59 of the laws of 2021,  is  amended  to  read  as
 follows:
   §  97-tttt.  [Restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN
 JOBS bond fund. 1. There is hereby established in the joint  custody  of
 the  state  comptroller  and  the commissioner of taxation and finance a
 special fund to be known as the "[restore mother  nature]  CLEAN  WATER,
 CLEAN AIR, AND GREEN JOBS bond fund".
   2.  The  state  comptroller  shall  deposit  into  the [restore mother
 nature] CLEAN WATER, CLEAN AIR, AND GREEN  JOBS  bond  fund  all  moneys
 received  by  the  state  from  the  sale of bonds and/or notes for uses
 eligible pursuant to section four of the environmental bond act of  2022
 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND GREEN JOBS".
   3.  Moneys  in the [restore mother nature] CLEAN WATER, CLEAN AIR, AND
 GREEN JOBS bond fund, following appropriation  by  the  legislature  and
 allocation  by  the  director of the budget, shall be available only for
 reimbursement of expenditures made from appropriations from the  capital
 projects  fund  for  the  purpose  of  the [restore mother nature] CLEAN
 WATER, CLEAN AIR, AND GREEN JOBS bond fund, as set forth in the environ-
 mental bond act of 2022 "[restore mother nature] CLEAN WATER, CLEAN AIR,
 AND GREEN JOBS".
   4. No moneys received by the state from the sale of bonds and/or notes
 sold pursuant to the environmental bond act  of  2022  "[restore  mother
 nature]  CLEAN  WATER,  CLEAN AIR, AND GREEN JOBS" shall be expended for
 any project until funds therefor have been  allocated  pursuant  to  the
 provisions of this section and copies of the appropriate certificates of
 approval filed with the chair of the senate finance committee, the chair
 of the assembly ways and means committee and the state comptroller.
   §  11. Subdivision 32 of section 61 of the state finance law, as added
 by section 3 of part UU of chapter 59 of the laws of 2021, is amended to
 read as follows:
   32. Thirty years. For the payment of "[restore  mother  nature]  CLEAN
 WATER,  CLEAN  AIR,  AND  GREEN  JOBS"  projects,  as defined in article
 fifty-eight of the environmental conservation law and undertaken  pursu-
 ant  to  a  chapter of the laws of two thousand twenty-one, enacting and
 constituting the environmental bond act of 2022 "[restore mother nature]
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 CLEAN WATER, CLEAN AIR, AND GREEN JOBS". Thirty years for flood  control
 infrastructure,  other  environmental  infrastructure, wetland and other
 habitat  restoration,  water  quality  projects,  acquisition  of  land,
 including  acquisition  of real property, and renewable energy projects.
 Notwithstanding the foregoing, for the purposes  of  calculating  annual
 debt service, the state comptroller shall apply a weighted average peri-
 od  of  probable life of [restore mother nature] CLEAN WATER, CLEAN AIR,
 AND GREEN JOBS projects, including any other works  or  purposes  to  be
 financed with state debt. Weighted average period of probable life shall
 be  determined  by computing the sum of the products derived from multi-
 plying the dollar value of the portion of the debt contracted  for  each
 work  or purpose (or class of works or purposes) by the probable life of
 such work or purpose (or class of works or purposes)  and  dividing  the
 resulting  sum  by the dollar value of the entire debt after taking into
 consideration any original issue premium or discount.
   § 12. Section 5 of part UU of chapter 59 of the laws of 2021  amending
 the environmental conservation law and the state finance law relating to
 the implementation of the environmental bond act of 2022 "restore mother
 nature", is amended to read as follows:
   §  5.  This  act shall take effect only in the event that section 1 of
 part TT of the chapter of the laws of 2021  enacting  the  environmental
 bond  act  of  2022 "[restore mother nature] CLEAN WATER, CLEAN AIR, AND
 GREEN JOBS" is submitted to the people at the  general  election  to  be
 held  in  November  2022 and is approved by a majority of all votes cast
 for and against it at such election. Upon such approval, this act  shall
 take effect immediately; provided that the commissioner of environmental
 conservation  shall notify the legislative bill drafting commission upon
 the occurrence of the enactment of section 1 of part TT of  the  chapter
 of  the  laws  of  2021  enacting  the  environmental  bond  act of 2022
 "[restore mother nature] CLEAN WATER, CLEAN AIR,  AND  GREEN  JOBS",  in
 order  that the commission may maintain an accurate and timely effective
 data base of the official text of the laws of the state of New  York  in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive  law  and  section 70-b of the public officers law. Effective imme-
 diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
 lation  necessary  for  the  implementation of the foregoing sections of
 this act are authorized [and directed] to be made and  completed  on  or
 before such effective date.
   §  13.  This act shall take effect immediately; provided, however that
 sections one, two, three, four, five, six, seven, eight, nine,  ten  and
 eleven  of  this  act shall take effect on the same date and in the same
 manner as part UU of chapter 59 of the laws of 2021, takes effect.
 
                                  PART PP
 
   Section 1.  Subdivision (a) of section 1421 of the tax law, as amended
 by section 4 of part OOO of chapter 59 of the laws of 2019,  is  amended
 to read as follows:
   (a)  From  the  taxes,  interest and penalties attributable to the tax
 imposed pursuant to section fourteen hundred two of  this  article,  the
 amount of one hundred ninety-nine million three hundred thousand dollars
 shall  be  deposited  by the comptroller in the environmental protection
 fund established pursuant to section ninety-two-s of the  state  finance
 law  for  the  fiscal year beginning April first, two thousand nine; the
 amount of one hundred nineteen  million  one  hundred  thousand  dollars
 shall  be  deposited  in  such  fund for the fiscal year beginning April
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 first, two thousand ten; THE AMOUNT OF TWO HUNDRED  FIFTY-SEVEN  MILLION
 THREE  HUNDRED  FIFTY THOUSAND DOLLARS SHALL BE DEPOSITED INTO SUCH FUND
 FOR THE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-TWO;  and
 for  each  fiscal  year  thereafter. On or before June twelfth, nineteen
 hundred ninety-five and on or before the twelfth day of each month ther-
 eafter (excepting the first and second months of each fiscal year),  the
 comptroller  shall  deposit  into such fund from the taxes, interest and
 penalties collected pursuant to such section  fourteen  hundred  two  of
 this  article  which have been deposited and remain to the comptroller's
 credit in the banks, banking houses or trust companies  referred  to  in
 section  one hundred seventy-one-a of this chapter at the close of busi-
 ness on the last day of the preceding month, an  amount  equal  to  one-
 tenth  of the annual amount required to be deposited in such fund pursu-
 ant to this section for  the  fiscal  year  in  which  such  deposit  is
 required  to  be  made.  In the event such amount of taxes, interest and
 penalties so remaining to the comptroller's  credit  is  less  than  the
 amount  required  to  be  deposited  in such fund by the comptroller, an
 amount equal to the shortfall shall be deposited in  such  fund  by  the
 comptroller  with  subsequent deposits, as soon as the revenue is avail-
 able. Beginning April first, nineteen hundred  ninety-seven,  the  comp-
 troller  shall transfer monthly to the clean water/clean air fund estab-
 lished pursuant to section ninety-seven-bbb of the  state  finance  law,
 all  moneys  remaining from such taxes, interest and penalties collected
 that are not required for deposit in the environmental protection fund.
   § 2. This act shall take effect immediately.
 
                                  PART QQ
 
   Section 1. Subdivisions 2, 3 and 7 of section 24-0105 of the  environ-
 mental  conservation  law,  as added by chapter 614 of the laws of 1975,
 subdivision 7 as renumbered by chapter 654 of  the  laws  of  1977,  are
 amended to read as follows:
   2.  Considerable  acreage  of  freshwater wetlands in the state of New
 York has been lost,  despoiled  or  impaired  by  unregulated  draining,
 dredging,  filling,  excavating,  building,  pollution  or  other [acts]
 ACTIVITIES inconsistent with the natural  uses  of  such  areas.  [Other
 freshwater] FRESHWATER wetlands are in jeopardy of being lost, despoiled
 or impaired by such [unrelated acts] ACTIVITIES.
   3.  Recurrent  flooding aggravated or caused by the loss of freshwater
 wetlands has serious effects upon natural  ecosystems  AND  COMMUNITIES.
 THE  INCREASING  SEVERITY  AND DURATION OF STORM-RELATED FLOODING DUE TO
 CLIMATE CHANGE, WHICH HAS CAUSED BILLIONS OF DOLLARS OF PROPERTY  DAMAGE
 ACROSS  THE  STATE,  MAKES  PROTECTION OF ALL FRESHWATER WETLANDS IN THE
 STATE OF VITAL IMPORTANCE.
   7. Any loss of freshwater wetlands deprives the people of the state of
 some or all of the  many  and  multiple  benefits  to  be  derived  from
 wetlands, to wit:
   (a)  flood  and storm control by the hydrologic absorption and storage
 capacity of freshwater wetlands;
   (b) wildlife  habitat  by  providing  breeding,  nesting  and  feeding
 grounds  and  cover for many forms of wildlife, wildfowl and shorebirds,
 including migratory wildfowl and rare, ENDANGERED OR THREATENED  species
 [such as the bald eagle and osprey];
   (c)  protection  of subsurface water resources and provision for valu-
 able watersheds and recharging ground water supplies;
 S. 8008--A                         74                         A. 9008--A
 
   (d) recreation by  providing  areas  for  hunting,  fishing,  boating,
 hiking, bird watching, photography, camping and other uses;
   (e)  pollution  treatment by serving as biological and chemical oxida-
 tion basins;
   (f) erosion control by serving as sedimentation  areas  and  filtering
 basins,  absorbing  silt  and organic matter and protecting channels and
 harbors;
   (g) education and scientific research by providing readily  accessible
 outdoor  bio-physical  laboratories, living classrooms and vast training
 and education resources; [and]
   (h) open space and aesthetic appreciation by providing often the  only
 remaining  open areas along crowded river fronts and coastal Great Lakes
 regions; [and]
   (i) sources of nutrients in freshwater food cycles and nursery grounds
 and sanctuaries for freshwater fish[.];
   (J) SUPPORTING A DIVERSITY OF PLANT SPECIES THAT ARE RARE,  ENDANGERED
 OR THREATENED, OR EXPLOITABLY VULNERABLE AS DEFINED IN SECTION 9-1503 OF
 THIS CHAPTER; AND
   (K)  SUPPORTING  A DIVERSITY OF COMMUNITIES OF PLANTS AND ANIMALS THAT
 ARE DEEMED BY THE COMMISSIONER TO BE RARE IN THE STATE OR IN A REGION OF
 THE STATE.
   § 2. The opening paragraph and paragraphs (c) and (d)  of  subdivision
 1,  and  subdivisions 2, 3 and 8 of section 24-0107 of the environmental
 conservation law, as amended by chapter 654 of the  laws  of  1977,  are
 amended and two new subdivisions 9 and 10 are added to read as follows:
   "Freshwater wetlands" means lands and waters of the state [as shown on
 the  freshwater  wetlands  map] THAT HAVE AN AREA OF AT LEAST TWELVE AND
 FOUR-TENTHS ACRES OR, IF LESS THAN TWELVE AND FOUR-TENTHS ACRES IN SIZE,
 ARE OF UNUSUAL IMPORTANCE, AND which contain any or all of  the  follow-
 ing:
   (c) lands and waters substantially enclosed by aquatic or semi-aquatic
 vegetation  as set forth in paragraph (a) OF THIS SUBDIVISION or by dead
 vegetation as set forth in paragraph (b) OF THIS SUBDIVISION, the  regu-
 lation  of  which  is  necessary to protect and preserve the aquatic and
 semi-aquatic vegetation; and
   (d) the waters overlying the areas set forth in PARAGRAPHS (a) and (b)
 OF THIS SUBDIVISION and the  lands  underlying  PARAGRAPH  (c)  OF  THIS
 SUBDIVISION.
   2.  "Freshwater  wetlands  map"  shall  mean  a map promulgated by the
 department pursuant to section 24-0301 of  this  article  on  which  are
 indicated  the boundaries of any freshwater wetlands. FRESHWATER WETLAND
 MAPS DEPICT THE APPROXIMATE LOCATION OF WETLANDS AND ARE NOT NECESSARILY
 DETERMINATIVE AS TO WHETHER A PERMIT IS  REQUIRED  PURSUANT  TO  SECTION
 24-0701  OF  THIS ARTICLE. THERE IS A REBUTTABLE PRESUMPTION THAT MAPPED
 AND UNMAPPED AREAS MEETING THE DEFINITION OF  A  FRESHWATER  WETLAND  IN
 THIS  SECTION  ARE  REGULATED  AND  SUBJECT TO PERMIT REQUIREMENTS. THIS
 PRESUMPTION MAY BE REBUTTED BY PRESENTING INFORMATION TO THE  DEPARTMENT
 THAT  THE AREA DOES NOT MEET THE DEFINITION CONTAINED IN THIS SECTION. A
 WETLAND DELINEATION BY THE DEPARTMENT, OR A VERIFICATION BY THE  DEPART-
 MENT  OF A WETLAND DELINEATION BY ANOTHER PARTY, IS REQUIRED TO IDENTIFY
 THE REGULATED FRESHWATER WETLAND BOUNDARY IN A PARTICULAR LOCATION.
   3. "Boundaries of a freshwater wetland" shall mean the outer limit  of
 the vegetation specified in paragraphs (a) and (b) of subdivision one of
 THIS  section  [24-0107]  and of the lands and waters specified in para-
 graph (c) of such subdivision.
 S. 8008--A                         75                         A. 9008--A
 
   8. "Pollution" shall mean the presence in the environment of  [man-in-
 duced]  HUMAN-INDUCED conditions, or contaminants in quantities or char-
 acteristics which are or may be injurious to human, plant  or  wildlife,
 or other animal life or to property.
   9. "UNUSUAL IMPORTANCE" SHALL MEAN A FRESHWATER WETLAND, REGARDLESS OF
 SIZE,  THAT  POSSESSES  ONE  OR MORE OF THE FOLLOWING CHARACTERISTICS AS
 DETERMINED BY THE DEPARTMENT:
   (A) IT IS LOCATED IN A  WATERSHED  THAT  HAS  EXPERIENCED  SIGNIFICANT
 FLOODING  IN THE PAST, OR IS EXPECTED TO EXPERIENCE SIGNIFICANT FLOODING
 IN THE FUTURE FROM SEVERE STORM EVENTS RELATED TO CLIMATE CHANGE;
   (B) IT IS LOCATED WITHIN AN URBANIZED AREA, AS DEFINED BY  THE  UNITED
 STATES CENSUS BUREAU;
   (C)  IT  CONTAINS  A PLANT SPECIES OCCURRING IN FEWER THAN THIRTY-FIVE
 SITES STATEWIDE OR HAVING FEWER THAN FIVE  THOUSAND  INDIVIDUALS  STATE-
 WIDE;
   (D)  IT CONTAINS HABITAT FOR AN ESSENTIAL BEHAVIOR OF AN ENDANGERED OR
 THREATENED SPECIES OR A SPECIES OF  SPECIAL  CONCERN  AS  DEFINED  UNDER
 SECTION  11-0535  OF  THIS  CHAPTER  OR  LISTED AS A SPECIES OF GREATEST
 CONSERVATION NEED IN NEW YORK'S WILDLIFE ACTION PLAN;
   (E) IT IS CLASSIFIED BY THE DEPARTMENT AS A CLASS I WETLAND;
   (F) IT WAS PREVIOUSLY CLASSIFIED AND MAPPED BY  THE  DEPARTMENT  AS  A
 WETLAND OF UNUSUAL LOCAL IMPORTANCE; OR
   (G)  IT  IS DETERMINED BY THE COMMISSIONER TO BE OF SIGNIFICANT IMPOR-
 TANCE TO PROTECTING THE STATE'S WATER QUALITY.
   10. "DELINEATION" SHALL MEAN A PRECISE REPRESENTATION OF  A  REGULATED
 FRESHWATER  WETLAND  AS  DEFINED  IN  SUBDIVISIONS ONE AND THREE OF THIS
 SECTION.
   § 3. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the  environ-
 mental conservation law are REPEALED.
   §  4.  Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
 conservation law, subdivision 6 as amended by chapter 16 of the laws  of
 2010  and subdivision 7 as amended and subdivision 8 as added by chapter
 654 of the laws of 1977, are amended to read as follows:
   [6.] 1. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section, the commissioner shall supervise the maintenance of [such boun-
 dary]  FRESHWATER  WETLANDS maps, which shall be available to the public
 [for inspection and examination at the regional office of the department
 in which the wetlands are wholly or partly located and in the office  of
 the clerk of each county in which each such wetland or a portion thereof
 is  located]  ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
 the map [thereafter to  clarify  the  boundaries  of  the  wetlands,  to
 correct  any  errors  on  the map, to effect any additions, deletions or
 technical changes on the map, and to reflect changes as have occurred as
 a result of the granting of permits pursuant to section 24-0703 of  this
 article,  or  natural  changes  which may have occurred through erosion,
 accretion, or otherwise. Notice of such readjustment shall be  given  in
 the same manner as set forth in subdivision five of this section for the
 promulgation of final freshwater wetlands maps. In addition, at the time
 notice  is  provided  pursuant  to subdivision five of this section, the
 commissioner shall update any digital image of the  map  posted  on  the
 department's  website  to reflect such readjustment] AT ANY TIME TO MORE
 ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
   [7.] 2. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section,  the  commissioner  may,  upon  [his] THEIR own initiative, and
 shall, upon a written request by a landowner whose  land  or  a  portion
 thereof may be included within a wetland, or upon the written request of
 S. 8008--A                         76                         A. 9008--A
 
 another  person or persons or an official body whose interests are shown
 to be affected, cause to be delineated  [more  precisely]  the  boundary
 line  or lines of a freshwater wetland or a portion thereof.  [Such more
 precise delineation of a freshwater wetland boundary line or lines shall
 be of appropriate scale and sufficient clarity to permit the ready iden-
 tification  of  individual  buildings and of other major man-made struc-
 tures or facilities or significant geographical features with respect to
 the boundary of any freshwater wetland.] The commissioner  shall  under-
 take to delineate the boundary of a particular wetland or wetlands, or a
 particular  part  of  the  boundary  thereof  only upon a showing by the
 applicant therefor of good cause for such [more precise] delineation and
 the establishment of such [more precise] line.
   [8.] 3. The supervision of the maintenance of any freshwater  wetlands
 map  or  portion  thereof  applicable  to wetlands within the Adirondack
 park, the readjustment and precise delineation of wetland boundary lines
 and the other functions and  duties  ascribed  to  the  commissioner  by
 subdivisions  [six  and  seven]  ONE  AND  TWO  of this section shall be
 performed by the Adirondack park agency,  which  shall  make  such  maps
 available [for public inspection and examination at its headquarters] ON
 THE AGENCY'S WEBSITE.
   §  5.  Subdivisions  1  and  4 of section 24-0701 of the environmental
 conservation law, subdivision 1 as amended by chapter 654 of the laws of
 1977 and subdivision 4 as amended by chapter 697 of the  laws  of  1979,
 are amended to read as follows:
   1.  [After  issuance  of  the  official freshwater wetlands map of the
 state, or of any selected section or region  thereof,  any]  ANY  person
 desiring  to conduct ACTIVITIES on freshwater wetlands [as so designated
 thereon any of the regulated activities set forth in subdivision two  of
 this  section],  OR  THE  REGULATED AREAS ADJACENT TO THESE WETLANDS SET
 FORTH  IN SUBDIVISION  TWO  OF  THIS  SECTION, must obtain a  permit  as
 provided in this title.
   4.  [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
 ers and other landowners  in  grazing  and  watering  livestock,  making
 reasonable  use  of  water resources, harvesting natural products of the
 wetlands, selectively cutting timber,  draining  land  or  wetlands  for
 growing  agricultural  products  and  otherwise  engaging  in the use of
 wetlands or other  land  for  growing  agricultural  products  shall  be
 excluded  from regulated activities and shall not require a permit under
 subdivision one [hereof] OF THIS SECTION,  except  that  structures  not
 required for enhancement or maintenance of the agricultural productivity
 of  the land and any filling activities shall not be excluded hereunder,
 and provided that the use of land [designated as  a  freshwater  wetland
 upon  the  freshwater  wetlands  map at the effective date thereof] THAT
 MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF  THIS
 ARTICLE  for uses other than those referred to in this subdivision shall
 be subject to the provisions of this article.  ALL ACTIVITIES  ON  LANDS
 THAT MEET THE DEFINITION OF A FRESHWATER WETLAND SHALL BE SUBJECT TO THE
 PROVISIONS OF THIS ARTICLE ONCE AGRICULTURAL ACTIVITIES CEASE.
   §  6.  Subdivision 5 of section 24-0703 of the environmental conserva-
 tion law, as amended by section 38 of part D of chapter 60 of  the  laws
 of 2012, is amended to read as follows:
   5.  [Prior to the promulgation of the final freshwater wetlands map in
 a particular area  and  the  implementation  of  a  freshwater  wetlands
 protection  law  or  ordinance,  no person shall conduct, or cause to be
 conducted, any activity for which a permit  is  required  under  section
 24-0701 of this title on any freshwater wetland unless he has obtained a
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 permit from the commissioner under this section.] Any person may inquire
 of  the  department as to whether or not a given parcel of land [will be
 designated] INCLUDES a freshwater wetland subject  to  regulation  OR  A
 REGULATED  FRESHWATER WETLAND ADJACENT AREA. The department shall give a
 definite answer in writing within [thirty] SIXTY days of such request as
 to [whether] THE STATUS OF such parcel [will or will not  be  so  desig-
 nated].    Provided that, in the event that weather or ground conditions
 prevent the department from making a determination within [thirty] SIXTY
 days, it may extend such period until a determination can be made.  Such
 answer  in  the  affirmative  shall be reviewable; such an answer in the
 negative shall be a complete defense to the enforcement of this  article
 as  to  such parcel of land FOR A PERIOD OF FIVE YEARS FROM THE DATE THE
 DEPARTMENT ISSUES THE NEGATIVE ANSWER. [The commissioner  may  by  regu-
 lation  adopted  after  public  hearing  exempt categories or classes of
 wetlands or individual wetlands which he determines not to  be  critical
 to the furtherance of the policies and purposes of this article.]
   §  7.  Subdivision 1 of section 24-0901 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  [Upon  completion of the freshwater wetlands map, the] THE commis-
 sioner shall confer with local government officials in  each  region  in
 which  the  inventory  has been conducted to establish a program for the
 protection of the freshwater wetlands of the state.
   § 8. Subdivisions 1 and 5 of  section  24-0903  of  the  environmental
 conservation  law,  as  added  by  chapter  614 of the laws of 1975, are
 amended to read as follows:
   1. [Upon completion of the freshwater wetlands map of the state, or of
 any selected section or region  thereof,  the]  THE  commissioner  shall
 [proceed  to] classify freshwater wetlands so designated thereon accord-
 ing  to their most appropriate uses, in light of the values set forth in
 section 24-0105 of this article  and  the  present  conditions  of  such
 wetlands.  The  commissioner  shall determine what uses of such wetlands
 are most compatible with the foregoing and shall  prepare  minimum  land
 use regulations to permit only such compatible uses. The classifications
 may cover freshwater wetlands in more than one governmental subdivision.
 Permits pursuant to section 24-0701 of this article are required whether
 or not a classification has been promulgated.
   5.  Prior to the adoption of any land use regulations governing fresh-
 water wetlands, the commissioner shall hold a public hearing thereon  in
 the area in which the affected freshwater wetlands are located, and give
 fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
 OR  BY  publication  at  least once in a newspaper having general circu-
 lation in the area of the local government  involved.  The  commissioner
 shall  promulgate the regulations within thirty days of such hearing and
 POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish  such  order  [at
 least once] in a newspaper having general circulation in the area of the
 local  government  affected  and  make  such  plan  available for public
 inspection and review; such order shall not  take  effect  until  thirty
 days after the filing thereof with the clerk of the county in which such
 wetland is located.
   §  9.  Section 24-1305 of the environmental conservation law, as added
 by chapter 771 of the laws of 1976, is amended to read as follows:
 § 24-1305. Applicability.
   The provisions of this article  shall  not  apply  to  any  land  use,
 improvement  or  development  for  which  final approval shall have been
 obtained prior to the effective date of  this  article  from  the  local
 S. 8008--A                         78                         A. 9008--A

 governmental authority or authorities having jurisdiction over such land
 use. As used in this section, the term "final approval" shall mean[:
   (a)  in the case of the subdivision of land, conditional approval of a
 final plat as the term is defined in section two hundred seventy-six  of
 the  town  law, and approval as used in section 7-728 of the village law
 and section thirty-two of the general cities law;
   (b) in the case of a site plan not involving the subdivision of  land,
 approval by the appropriate body or office of a city, village or town of
 the site plan; and
   (c)  in  those cases not covered by subdivision (a) or (b) above,] the
 issuance of a building permit or other authorization for  the  commence-
 ment  of  the  use,  improvement or development for which such permit or
 authorization was issued or in those  local  governments  which  do  not
 require  such  permits or authorizations, the actual commencement of the
 use, improvement or development of the land.
   § 10. Subdivision 2 of section 34-0104 of the environmental  conserva-
 tion  law,  as  added  by chapter 841 of the laws of 1981, is amended to
 read as follows:
   2. Upon completion of  a  preliminary  identification  of  an  erosion
 hazard  area, the commissioner or [his] THEIR designated hearing officer
 shall hold a public hearing in a place reasonably  accessible  to  resi-
 dents  of  the  affected  area in order to afford an opportunity for any
 person to  propose  changes  in  such  preliminary  identification.  The
 commissioner shall [give notice of such hearing to each owner of record,
 as shown on the latest completed tax assessment rolls, of lands included
 within  such  area, and also to the chief executive officer and clerk of
 each local government within the boundaries of which any portion of such
 area may be located, by certified mail at least thirty days prior to the
 date set for such hearing, and shall insure] ENSURE that a copy  of  the
 preliminary  identification  is  available  for  public  inspection at a
 convenient location [in such local government]. The  commissioner  shall
 also  cause  notice  of  such hearing to be published at least once, not
 more than thirty days nor fewer than ten days before the  date  set  for
 such  hearing,  in  at least one newspaper having general circulation in
 the area involved and in the environmental notice  publication  provided
 for under section 3-0306 of this chapter.
   §  11. Subdivision 3 of section 34-0104 of the environmental conserva-
 tion law, as added by chapter 841 of the laws of  1981,  is  amended  to
 read as follows:
   3.  After  considering  the  testimony  given at such hearings and the
 potential erosion hazard in accordance with the purposes and policies of
 this article, and after consultation with  affected  local  governments,
 the  commissioner  shall  issue  the final identification of the erosion
 hazard areas. Such final identification shall  not  be  made  less  than
 sixty  days  from the date of the public hearing required by subdivision
 two hereof. A copy of such final identification shall be  filed  in  the
 office  of  the clerk of each local government in which such area or any
 portion thereof is located. Notice [that such final  identification  has
 been made shall be given each owner of lands included within the erosion
 hazard  area,  as  such  ownership  is shown on the latest completed tax
 assessment rolls, by certified mail in any case where a notice by certi-
 fied mail was not sent pursuant to subdivision two of this section,  and
 in all other cases by first class mail. Such notice] shall also be given
 at  such  time  to  the chief executive officer of each local government
 within the boundaries of which such erosion hazard area or  any  portion
 thereof is located.
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   §  12. Subdivision 8 of section 70-0117 of the environmental conserva-
 tion law, as added by section 1 of part AAA of chapter 59 of the laws of
 2009, is amended to read as follows:
   8.  (a)  All  persons  required to obtain a permit from the department
 pursuant to section 24-0701 of this chapter shall submit to the  depart-
 ment an application fee in an amount not to exceed the following:
   (i)  [fifty]  ONE  HUNDRED dollars per application for a [permit for a
 minor project as defined in this article or] modification to any  exist-
 ing permit issued pursuant to section 24-0701 of this chapter;
   (ii) [fifty] THREE HUNDRED dollars per application for [a permit for a
 residential  project  defined  as associated with] one NEW single family
 dwelling and customary appurtenances thereto;
   (iii) [one] FIVE hundred dollars  per  application  for  NEW  MULTIPLE
 SINGLE  FAMILY  DWELLINGS,  NEW  multiple  family dwelling and customary
 appurtenances thereto;
   (iv) [two] ONE THOUSAND DOLLARS PER APPLICATION FOR NEW COMMERCIAL  OR
 INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
    (V)  ONE  hundred  dollars per application for a permit for any other
 project as defined in this article.
   (b) All persons required to obtain a permit from the department pursu-
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount not to exceed the following:
   (i) [two] THREE hundred dollars per application for  a  permit  for  a
 minor project as defined in this article or modification to any existing
 permit issued pursuant to section 25-0402 of this chapter;
   (ii)  [nine hundred] TWO THOUSAND DOLLARS PER APPLICATION FOR SUBDIVI-
 SION OF LAND OR NEW COMMERCIAL OR INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
   (III) ONE THOUSAND dollars per application for a permit for a  project
 as defined in this article.
   (c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
 subdivision  shall  be deposited [into the environmental protection fund
 pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
 OF THE CONSERVATION FUND. FEES COLLECTED PURSUANT TO  PARAGRAPH  (B)  OF
 THIS  SUBDIVISION  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE MARINE
 RESOURCES ACCOUNT OF THE CONSERVATION FUND.
   (D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
 REQUIRED FOR ANY STATE DEPARTMENT.
   § 13. Subdivisions 1 and 2 of section  71-2303  of  the  environmental
 conservation  law,  as  amended  by  chapter 99 of the laws of 2010, are
 amended to read as follows:
   1. [Administrative] CIVIL sanctions. A. Any person who violates, diso-
 beys or disregards any provision of article twenty-four, including title
 five and section 24-0507 thereof or any rule or regulation, local law or
 ordinance, permit or order issued pursuant thereto, shall be  liable  to
 the  people  of  the  state  for a civil penalty of not to exceed eleven
 thousand dollars for every such violation, to be assessed, after a hear-
 ing or opportunity to be heard upon due notice and with  the  rights  to
 specification of the charges and representation by counsel at such hear-
 ing,  by  the commissioner or local government OR IN AN ACTION INITIATED
 BY THE ATTORNEY GENERAL PURSUANT TO SECTION 71-2305 OF THIS TITLE OR  ON
 THE  ATTORNEY GENERAL'S OWN INITIATIVE.  EACH VIOLATION SHALL BE A SEPA-
 RATE AND DISTINCT VIOLATION AND, IN THE CASE OF A CONTINUING  VIOLATION,
 EACH  DAY'S  CONTINUANCE THEREOF SHALL BE DEEMED A SEPARATE AND DISTINCT
 VIOLATION. Such penalty ASSESSED BY THE COMMISSIONER OR LOCAL GOVERNMENT
 may be recovered in an action brought by the  attorney  general  at  the
 request  and  in the name of the commissioner or local government in any
 S. 8008--A                         80                         A. 9008--A
 
 court of competent jurisdiction. Such civil penalty may be  released  or
 compromised  by  the  commissioner or local government before the matter
 has been referred to the attorney general; and  where  such  matter  has
 been  referred to the attorney general, any such penalty may be released
 or compromised and any action commenced  to  recover  the  same  may  be
 settled and discontinued by the attorney general with the consent of the
 commissioner or local government. In addition, the commissioner or local
 government  shall  have  power,  following a hearing held in conformance
 with the procedures set forth in section 71-1709  of  this  article,  to
 direct the violator to cease [his violation of] VIOLATING the act and to
 restore  the  affected  freshwater wetland to its condition prior to the
 violation, insofar as that is possible  within  a  reasonable  time  and
 under  the supervision of the commissioner or local government. Any such
 order of the commissioner or local government shall be enforceable in an
 action brought by the attorney general at the request and in the name of
 the commissioner or local government in any court of competent jurisdic-
 tion.  Any civil penalty or order issued by the  commissioner  or  local
 government  pursuant  to  this  subdivision  shall  be  reviewable  in a
 proceeding pursuant to article seventy-eight of the civil  practice  law
 and rules.
   B. UPON DETERMINING THAT SIGNIFICANT DAMAGE TO THE FUNCTIONS AND BENE-
 FITS OF A FRESHWATER  WETLAND IS OCCURRING OR IS IMMINENT AS A RESULT OF
 ANY  VIOLATION OF ARTICLE TWENTY-FOUR OF THIS CHAPTER, INCLUDING BUT NOT
 LIMITED TO (I) ACTIVITY TAKING PLACE REQUIRING A  PERMIT  UNDER  ARTICLE
 TWENTY-FOUR  OF THIS CHAPTER BUT FOR WHICH NO PERMIT HAS BEEN GRANTED OR
 (II) FAILURE ON THE PART OF A PERMITTEE TO ADHERE TO PERMIT  CONDITIONS,
 THE  COMMISSIONER  OR  LOCAL  GOVERNMENT  SHALL HAVE POWER TO DIRECT THE
 VIOLATOR TO CEASE AND DESIST FROM VIOLATING THE ACT.  IN SUCH CASES  THE
 VIOLATOR SHALL BE PROVIDED AN OPPORTUNITY TO BE HEARD WITHIN TEN DAYS OF
 RECEIPT OF THE NOTICE TO CEASE AND DESIST.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-four of this chapter, including any rule or regulation, local
 law or ordinance, permit or order issued  pursuant  thereto,  shall,  in
 addition,  for the first offense, be guilty of a violation punishable by
 a fine of not less than two thousand nor more than [four] FIVE  thousand
 dollars;  for a second and each subsequent offense he shall be guilty of
 a misdemeanor punishable by a fine of not less than  four  thousand  nor
 more  than [seven] TEN thousand dollars or a term of imprisonment of not
 less than fifteen days nor more than six months or both. [Instead of] IN
 ADDITION TO these punishments, any offender may be punishable  by  being
 ordered  by  the court to restore the affected freshwater wetland to its
 condition prior to the offense, insofar as that is possible.  The  court
 shall  specify a reasonable time for the completion of such restoration,
 which shall be effected under the supervision  of  the  commissioner  or
 local government.  Each offense shall be a separate and distinct offense
 and, in the case of a continuing offense, each day's continuance thereof
 shall be deemed a separate and distinct offense.
   §  14. Subdivision 1 of section 71-2305 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  The  attorney  general,  upon  [his]  THEIR own initiative or upon
 complaint of the  commissioner  or  local  government,  shall  prosecute
 persons  alleged to have violated [any such order of the commissioner or
 local government pursuant to] article twenty-four OF THIS CHAPTER.
 S. 8008--A                         81                         A. 9008--A
 
   § 15. The title heading of title 25 of article 71 of the environmental
 conservation law, as added by chapter  182  of  the  laws  of  1975,  is
 amended to read as follows:
                  ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
 
   §  16. Section 71-2501 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2501. Applicability of this title.
   The provisions of this title shall be applicable to the enforcement of
 article twenty-five AND ARTICLE THIRTY-FOUR.
   § 17. Section  71-2503  of  the  environmental  conservation  law,  as
 amended  by  chapter  666  of  the  laws  of 1989, is amended to read as
 follows:
 § 71-2503. Violation; penalties.
   1. Administrative sanctions.
   a. Any person who violates, disobeys or disregards  any  provision  of
 article twenty-five INCLUDING ANY RULE OR REGULATION, LOCAL LAW OR ORDI-
 NANCE,  PERMIT  OR ORDER ISSUED PURSUANT THERETO, OR ARTICLE THIRTY-FOUR
 shall be liable to the people of the state for a civil penalty of not to
 exceed ten thousand dollars for every such violation,  to  be  assessed,
 after  a  hearing  or opportunity to be heard, by the commissioner. Each
 violation shall be a separate and distinct violation and, in the case of
 a continuing violation, each day's continuance thereof shall be deemed a
 separate and distinct violation.   The penalty may be  recovered  in  an
 action  brought  by the commissioner in any court of competent jurisdic-
 tion. Such civil penalty may be released or compromised by  the  commis-
 sioner  before the matter has been referred to the attorney general; and
 where such matter has been referred to the attorney  general,  any  such
 penalty  may  be  released  or  compromised  and any action commenced to
 recover the same may be settled and discontinued by the attorney general
 with the consent of the commissioner.
   b. Upon determining that significant damage to the functions and bene-
 fits of tidal wetlands OR COASTAL EROSION HAZARD AREAS is  occurring  or
 is imminent as a result of any violation of article twenty-five OR ARTI-
 CLE  THIRTY-FOUR, including but not limited to (i) activity taking place
 requiring a permit under article twenty-five OR ARTICLE THIRTY-FOUR  but
 for  which  no  permit has been granted or (ii) failure on the part of a
 permittee to adhere to permit conditions, the [commissioner]  DEPARTMENT
 shall have power to direct the violator to cease and desist from violat-
 ing the act. In such cases the violator shall be provided an opportunity
 to  be  heard  within  ten  days  of  receipt of the notice to cease and
 desist.
   c. Following a hearing held pursuant to section 71-1709 of this  arti-
 cle,  the  commissioner shall have power to direct the violator to cease
 and desist from violating the act and  to  restore  the  affected  tidal
 wetland  or  area immediately adjacent thereto OR COASTAL EROSION HAZARD
 AREA to its condition prior to the violation, insofar as that is  possi-
 ble  within  a  reasonable time and under the supervision of the commis-
 sioner. Any order of the commissioner shall be enforceable in an  action
 brought  by the commissioner in any court of competent jurisdiction. Any
 civil penalty or order issued by the commissioner under this subdivision
 shall be reviewable in a proceeding under article seventy-eight  of  the
 civil practice law and rules.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
 offense, be guilty of a violation punishable by a fine of not less  than
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 five  hundred nor more than five thousand dollars; for a second and each
 subsequent offense such person shall be guilty of a misdemeanor punisha-
 ble by a fine of not less than one thousand nor more than  ten  thousand
 dollars or a term of imprisonment of not less than fifteen days nor more
 than six months or both. In addition to or instead of these punishments,
 any  offender  shall  be  punishable  by  being  ordered by the court to
 restore the affected tidal wetland or area immediately adjacent  thereto
 OR  COASTAL  EROSION  HAZARD AREA to its condition prior to the offense,
 insofar as that is possible. The court shall specify a  reasonable  time
 for the completion of the restoration, which shall be effected under the
 supervision  of  the  commissioner. Each offense shall be a separate and
 distinct offense and, in the case of a continuing  offense,  each  day's
 continuance thereof shall be deemed a separate and distinct offense.
   3.  The  proceeds  of  any penalty or fine assessed under this section
 shall be deposited to the credit of the marine resources account of  the
 conservation fund.
   §  18.  Section  71-2505  of  the  environmental  conservation law, as
 amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
 follows:
 § 71-2505. Enforcement.
   The  attorney general, on [his] THEIR own initiative or at the request
 of the commissioner, shall prosecute persons who violate  article  twen-
 ty-five  OR  ARTICLE  THIRTY-FOUR.  In addition the attorney general, on
 [his] THEIR own initiative or at the request of the commissioner,  shall
 have  the right to recover a civil penalty of up to ten thousand dollars
 for every violation of any provision of such [article] ARTICLES, and  to
 seek  equitable relief to restrain any violation or threatened violation
 of such [article]  ARTICLES  and  to  require  the  restoration  of  any
 affected  tidal  wetland or area immediately adjacent thereto OR COASTAL
 EROSION HAZARD AREA to its condition prior to the violation, insofar  as
 that  is possible, within a reasonable time and under the supervision of
 the commissioner. In the case of  a  continuing  violation,  each  day's
 continuance thereof shall be deemed a separate and distinct violation.
   § 19.  Section 71-2507 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREAS.
   Where  any  tidal wetlands OR COASTAL EROSION HAZARD AREAS are subject
 to pollution, the commissioner  and  attorney  general  shall  take  all
 appropriate action to abate the pollution. In addition, the commissioner
 may  restrict  or  order  cessation  of  solid waste disposal, deep well
 disposal, or liquid waste disposal where such is polluting a given  area
 of tidal wetland OR COASTAL EROSION HAZARD AREA. Where pesticides, chem-
 ical  products,  or  fertilizer  residues  are the polluting agents, the
 commissioner shall confer with other  appropriate  public  officials  to
 limit  the  use  of  such  substances at their source; after appropriate
 consultations, the commissioner may make such rules and  regulations  as
 [he  deems]  THEY  DEEM  necessary under section 3-0301 of [the environ-
 mental conservation law] THIS CHAPTER.
   § 20. This act shall take effect immediately, provided, however,  that
 sections  two, three, four, five, six, seven and eight of this act shall
 take effect January 1, 2025.
 
                                  PART RR
 
   Section 1. Legislative intent. The legislature  finds  the  amount  of
 waste generated in New York is a threat to the environment. The legisla-
 S. 8008--A                         83                         A. 9008--A
 
 ture further finds and declares that it is in the public interest of the
 state  of  New  York  for packaging and paper products producers to take
 responsibility for the development and implementation of  strategies  to
 promote  reduction,  reuse, recovery, and recycling of covered materials
 and products through investments in the  end-of-product-life  management
 of printed paper and product packaging.
   §  2.  Article  27 of the environmental conservation law is amended by
 adding a new title 33 to read as follows:
                                 TITLE 33
                   EXTENDED PRODUCER RESPONSIBILITY ACT
 SECTION 27-3301. DEFINITIONS.
         27-3303. NEEDS ASSESSMENT AND ESTABLISHMENT OF A  PACKAGING  AND
                    PAPER PRODUCTS PROGRAM.
         27-3305. ADVISORY COMMITTEE.
         27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
         27-3309. REPORTING REQUIREMENTS AND AUDITS.
         27-3311. ANTITRUST PROTECTIONS.
         27-3313. PENALTIES.
         27-3315. STATE PREEMPTION.
         27-3317. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
         27-3319. EXTENDED   PRODUCER  RESPONSIBILITY  REPORTING  TO  THE
                    GOVERNOR AND LEGISLATURE.
         27-3321. SEVERABILITY.
 § 27-3301. DEFINITIONS.
   WHEN USED IN THIS TITLE:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES A PROD-
 UCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE OWNER
 OF THE BRAND.
   2. "CONSUMER" MEANS ANY PERSON LOCATED IN THE STATE, WHO OWNS OR  USES
 PACKAGING  AND  PAPER  PRODUCTS, INCLUDING, BUT NOT LIMITED TO, A PERSON
 RESIDING IN A SINGLE OR MULTI-FAMILY RESIDENTIAL UNIT, A  SCHOOL,  STATE
 OR LOCAL AGENCY, BUSINESS, OR INSTITUTION.
   3.  "DEPARTMENT"  MEANS THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION.
   4. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" MEANS A PROGRAM FINANCED
 AND IMPLEMENTED  BY  PRODUCERS,  EITHER  INDIVIDUALLY,  OR  COLLECTIVELY
 THROUGH  A  PRODUCER RESPONSIBILITY ORGANIZATION, THAT PROVIDES FOR, BUT
 IS NOT LIMITED TO, THE  COLLECTION,  TRANSPORTATION,  REUSE,  RECYCLING,
 PROPER END-OF-LIFE MANAGEMENT, OR AN APPROPRIATE COMBINATION THEREOF, OF
 UNWANTED PACKAGING AND PAPER PRODUCTS.
   5.  "PACKAGING  AND PAPER PRODUCTS" COVERED BY THIS TITLE INCLUDE, BUT
 ARE NOT LIMITED TO, THE FOLLOWING:
   (A) PACKAGING MEANS ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS  OF
 RECYCLABILITY  OR  COMPOSTABILITY,  INCLUDING,  BUT NOT LIMITED TO, SUCH
 MATERIAL TYPES AS PAPER, PLASTIC, GLASS, OR METAL, THAT IS USED:
   (I) FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, SERVING,  AND
 PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO
 CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION;
   (II) AS SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET;
   (III)  AS  TERTIARY  PACKAGING USED FOR TRANSPORTATION OR DISTRIBUTION
 DIRECTLY TO A CONSUMER OR RETAILER; OR
   (IV) FOR A SINGLE OR SHORT-TERM USE.
   (B) PAPER PRODUCTS MEANS:
   (I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
 A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOUND BOOKS;
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   (II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED  MATTER  DIRECTLY
 TO THE ULTIMATE CONSUMER OR RECIPIENT; OR
   (III)  PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: FLYERS;
 BROCHURES; BOOKLETS; CATALOGS; TELEPHONE DIRECTORIES; PAPER FIBER; CARD-
 BOARD; AND PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
   (C) FOR THE PURPOSE OF THIS TITLE, THE PACKAGING  AND  PAPER  PRODUCTS
 COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING:
   (I) PACKAGING OR PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY
 TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE;
   (II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS;
   (III) NEWSPAPERS, MAGAZINES, AND PERIODICALS;
   (IV)  BEVERAGE CONTAINERS, AS DEFINED IN SECTION 27-1003 OF THIS ARTI-
 CLE ON WHICH A DEPOSIT IS REQUIRED TO BE INITIATED;
   (V) PACKAGING THAT IS USED EXCLUSIVELY IN INDUSTRIAL OR  MANUFACTURING
 PROCESSES;
   (VI) MEDICAL DEVICES AND PACKAGING, OR PAPER USED TO CONTAIN AND WHICH
 ARE  INCLUDED  WITH  PRODUCTS  REGULATED  AS  A  DRUG, MEDICAL DEVICE OR
 DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG  ADMINISTRATION  UNDER  THE
 FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E)
 OF  21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT HEALTH
 AND EDUCATION ACT;
   (VII) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
 NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER  COVERED
 MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
 THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159; AND
   (VIII)  PACKAGING  PRODUCTS  USED TO CONTAIN, AND PAPER PRODUCTS WHICH
 ARE INCLUDED WITH, SUBSTANCES HAZARDOUS TO  THE  ENVIRONMENT,  REGULATED
 PURSUANT TO SECTION 37-0103 OF THIS CHAPTER, OR PACKAGING PRODUCTS REGU-
 LATED  BY  THE  FEDERAL  INSECTICIDE,  FUNGICIDE, AND RODENTICIDE ACT, 7
 U.S.C.  SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR  REGU-
 LATION.
   6.  "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, LOCAL PUBLIC
 AUTHORITY OR BENEFIT CORPORATION, OR  SOLID  WASTE  MANAGEMENT  DISTRICT
 WITHIN THE STATE OF NEW YORK.
   7.  "POST-CONSUMER  RECYCLED  CONTENT"  MEANS THE CONTENT OF A PRODUCT
 MADE OF RECYCLED MATERIALS DERIVED FROM POST-CONSUMER RECYCLED MATERIALS
 OR FEEDSTOCK.
   8. (A) "PRODUCER" MEANS AN ENTITY THAT SHALL BE DETERMINED TO  BE  THE
 PRODUCER, FOR THE PURPOSES OF THIS TITLE, BASED ON THE FOLLOWING HIERAR-
 CHY:
   (I)  THE  PERSON WHO MANUFACTURES THE PACKAGING OR PAPER PRODUCT UNDER
 SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR  OFFERS  FOR  SALE  THE
 PACKAGING OR PAPER PRODUCT IN THE STATE; OR
   (II)  THE  PERSON  WHO  IMPORTS  THE PACKAGING OR PAPER PRODUCT AS THE
 OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE  PACKAGING  OR
 PAPER PRODUCTS ARE SOLD OR DISTRIBUTED IN THE STATE; OR
   (III)  THE  PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIB-
 UTES THE PACKAGING OR PAPER PRODUCT IN THE STATE.
   (B) FOR PURPOSES OF THIS TITLE, A PRODUCER  SHALL  NOT  INCLUDE  THOSE
 THAT:
   (I) GENERATE LESS THAN ONE MILLION DOLLARS IN ANNUAL GROSS REVENUE;
   (II)  GENERATE  LESS  THAN  ONE  TON  OF  PACKAGING AND PAPER PRODUCTS
 SUPPLIED TO NEW YORK STATE CONSUMERS PER YEAR;
   (III) OPERATE AS A SINGLE POINT OF RETAIL SALE AND ARE NOT SUPPLIED OR
 OPERATED AS PART OF A FRANCHISE; OR
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   (IV) ARE A MUNICIPALITY OR A LOCAL  GOVERNMENT  PLANNING  UNIT,  OR  A
 REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4) SOCIAL WELFARE
 ORGANIZATION.
   (C)  IF  MORE THAN ONE PERSON IS A PRODUCER OF A BRAND OF PACKAGING OR
 PAPER PRODUCT, ANY SUCH PERSON MAY ASSUME RESPONSIBILITY FOR OBLIGATIONS
 OF A PRODUCER OF THAT BRAND UNDER THIS TITLE. IF NONE OF  THOSE  PERSONS
 ASSUME  RESPONSIBILITY  FOR  THE  OBLIGATIONS  OF  A PRODUCER UNDER THIS
 TITLE, ANY AND ALL SUCH PERSONS JOINTLY AND SEVERALLY MAY BE  CONSIDERED
 THE RESPONSIBLE PRODUCER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
   9.  "PRODUCER  RESPONSIBILITY  ORGANIZATION"  MEANS  A  NOT-FOR-PROFIT
 ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS  AN  AGENT  ON
 BEHALF OF EACH PARTICIPATING PRODUCER TO DEVELOP AND IMPLEMENT A PRODUC-
 ER RESPONSIBILITY PROGRAM.  TO THE EXTENT APPLICABLE, A PRODUCER RESPON-
 SIBILITY  ORGANIZATION  SHALL HAVE A GOVERNING BOARD THAT REPRESENTS THE
 DIVERSITY OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES,  AND
 SUCH  BOARD SHALL INCLUDE NON-VOTING MEMBERS REPRESENTING A DIVERSITY OF
 MATERIAL TRADE ASSOCIATIONS.
   10. "READILY-RECYCLABLE" MEANS PACKAGING THAT CAN BE SORTED  BY  ENTI-
 TIES  PROCESSING  RECYCLABLES  FROM  NEW  YORK AND FOR WHICH, DURING THE
 PREVIOUS TWO CALENDAR YEARS, THERE  WAS  A  CONSISTENT  MARKET,  MEANING
 RECYCLERS  WERE  WILLING TO PAY FOR FULLY SORTED MATERIAL AT THE DOOR OF
 THEIR FACILITIES IN QUANTITIES EQUAL TO OR IN EXCESS OF MATERIAL SUPPLY.
 THIS DOES NOT INCLUDE MATERIAL TYPES THAT RECYCLERS ACCEPT IN LOW  QUAN-
 TITIES  OR  SORT  OUT OF MATERIAL DURING ADDITIONAL PROCESSING STEPS; IF
 MATERIAL RECYCLERS DO NOT DESIRE A FULL  BALE  OF  A  SPECIFIC  MATERIAL
 TYPE, THAT MATERIAL TYPE IS NOT READILY-RECYCLABLE.
   11.  "RECOVERY  RATE"  MEANS THE AMOUNT OF PACKAGING OR PAPER PRODUCTS
 COLLECTED AND RECOVERED FOR REUSE OR RECYCLING OVER A  PROGRAM  YEAR  BY
 MATERIAL TYPE, DIVIDED BY THE AMOUNT OF PACKAGING OR PAPER PRODUCTS SOLD
 INTO THE STATE, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
   12. "RECYCLING" MEANS THE PROCESSING OF SOURCE-SEPARATED PACKAGING AND
 PAPER  PRODUCTS TO PRODUCE A MARKETABLE PRODUCT OR SECONDARY RAW MATERI-
 AL. RECYCLING DOES NOT INCLUDE THERMAL TREATMENT PROCESSES THAT  PRODUCE
 FUEL  OR  FUEL  PRODUCTS  WITHOUT SUBSTANTIAL PRODUCTION OF A MARKETABLE
 NON-FUEL PRODUCT OR SECONDARY RAW MATERIAL.
   13. "RECYCLING COLLECTION" MEANS A RECYCLING PROGRAM THAT SERVES RESI-
 DENTIAL UNITS, SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR
 INSTITUTIONS, WHERE SUCH SCHOOLS,  FEDERAL,  STATE  OR  LOCAL  AGENCIES,
 BUSINESSES,  OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT
 WITH A MUNICIPALITY BY A MUNICIPALITY OR A PRIVATE SECTOR HAULER  AS  OF
 THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS OPERATED
 BY  A  MUNICIPALITY  OR  PURSUANT  TO  A CONTRACT WITH THE MUNICIPALITY,
 PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR THROUGH APPROVED  LOCAL
 SOLID WASTE MANAGEMENT PLANS.
   14. "RECYCLING RATE" MEANS THE AMOUNT OF DISCARDED PACKAGING AND PAPER
 PRODUCTS  THAT  IS  MANAGED THROUGH RECYCLING, AS DEFINED BY THIS TITLE,
 AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED PACKAGING AND  PAPER
 PRODUCTS  COLLECTED  AND RECYCLED, BY MATERIAL TYPE, BY THE TOTAL AMOUNT
 OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED OVER A PROGRAM YEAR,
 BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
   15. "RETAILER" MEANS A PERSON WHO SELLS OR OFFERS FOR SALE  A  PRODUCT
 TO  A  CONSUMER, INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION TO
 BE DELIVERED TO A CONSUMER IN THE STATE.
   16. "REUSE" MEANS RETURNING, DONATING OR SELLING A DISCARDED PACKAGING
 OR PAPER PRODUCT BACK INTO THE MARKET FOR  ITS  ORIGINAL  INTENDED  USE,
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 WHEN  THE  DISCARDED  PACKAGING  OR  PAPER  PRODUCT RETAINS ITS ORIGINAL
 PERFORMANCE CHARACTERISTICS AND CAN BE USED FOR ITS ORIGINAL PURPOSE.
 § 27-3303. NEEDS  ASSESSMENT  AND ESTABLISHMENT OF A PACKAGING AND PAPER
              PRODUCTS PROGRAM.
   1. (A) BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A  STATEWIDE  NEEDS
 ASSESSMENT  CONDUCTED  BY  A  THIRD-PARTY  ORGANIZATION  SELECTED BY THE
 DEPARTMENT, SHALL BE SUBMITTED TO THE DEPARTMENT.
   (B) THE STATEWIDE NEEDS ASSESSMENT SHALL BE  RETROACTIVELY  FUNDED  BY
 THE PRODUCERS OR PRODUCER RESPONSIBILITY ORGANIZATION.
   (C)  THE STATEWIDE NEEDS ASSESSMENT SHALL INCLUDE AN EVALUATION OF THE
 CAPACITY, COSTS, GAPS, AND NEEDS FOR THE FOLLOWING FACTORS:
   (I) CURRENT FUNDING NEEDS, BOTH  OPERATIONAL  AND  CAPITAL,  IMPACTING
 RECYCLING ACCESS AND AVAILABILITY;
   (II) EXISTING STATE STATUTORY PROVISIONS AND FUNDING SOURCES FOR RECY-
 CLING, REUSE, REDUCTION, AND RECOVERY;
   (III)  THE  COLLECTION  AND HAULING SYSTEM FOR RECYCLABLE MATERIALS IN
 THE STATE;
   (IV) THE PROCESSING CAPACITY AND INFRASTRUCTURE FOR RECYCLABLE MATERI-
 ALS IN THE  STATE  AND  REGIONALLY  AND  IDENTIFYING  NECESSARY  CAPITAL
 INVESTMENTS TO EXISTING AND FUTURE REUSE AND RECYCLING INFRASTRUCTURE;
   (V)  THE  MARKET CONDITIONS AND OPPORTUNITIES FOR RECYCLABLE AND REUS-
 ABLE MATERIALS IN THE STATE AND REGIONALLY;
   (VI) CONSUMER EDUCATION NEEDS FOR RECYCLING, REUSE, AND  REDUCTION  OF
 COVERED MATERIALS AND PRODUCTS;
   (VII)  CURRENT STATE PACKAGING AND PAPER PRODUCT RECOVERY RATES, RECY-
 CLING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE;
   (VIII)  ACCOUNTING  OF  GREENHOUSE  GAS  EMISSIONS   ASSOCIATED   WITH
 COLLECTION, PROCESSING, AND MARKETING OF PACKAGING AND PAPER PRODUCTS;
   (IX)  AN  EVALUATION  OF STATE AND REGIONALLY ACCEPTED RECYCLING PRAC-
 TICES THAT CONSTITUTE LEGITIMATE RECYCLING; AND
   (X) CURRENT BARRIERS AFFECTING THE EQUITABLE ACCESS  TO  RECYCLING  OR
 REUSE PROGRAMS.
   2.  BY  JUNE  FIRST,  TWO THOUSAND TWENTY-THREE, AN ADVISORY COMMITTEE
 SHALL BE ESTABLISHED AND BEGIN PERFORMING ITS  OBLIGATIONS  PURSUANT  TO
 SECTION 27-3305 OF THIS TITLE.
   3.  (A)  BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLE-
 MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY  PROGRAM  OR  ANY
 PRODUCER  RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A PRODUCER RESPONSI-
 BILITY PROGRAM PLAN DEVELOPED IN CONSULTATION WITH THE ADVISORY  COMMIT-
 TEE  TO  THE  DEPARTMENT  FOR APPROVAL. A PRODUCER MAY SATISFY ITS OBLI-
 GATIONS  UNDER  THIS  TITLE   INDIVIDUALLY   OR   THROUGH   A   PRODUCER
 RESPONSIBILITY ORGANIZATION.
   (B)  ANY PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
 SIBILITY PROGRAM OR  ANY  PRODUCER  RESPONSIBILITY  ORGANIZATION,  SHALL
 BEGIN  PROGRAM  IMPLEMENTATION WITHIN SIX MONTHS AFTER THE DATE THE PLAN
 IS APPROVED, BUT NOT LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-SIX.
   4. ANY PERSON THAT BECOMES A PRODUCER AFTER APRIL FIRST, TWO  THOUSAND
 TWENTY-FIVE, SHALL SUBMIT AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM  PLAN  WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTATION WITHIN
 SIX MONTHS OF PLAN APPROVAL, OR JOIN A PRODUCER RESPONSIBILITY ORGANIZA-
 TION.
   5. BY APRIL FIRST, TWO THOUSAND TWENTY-SIX, NO  PRODUCER  SHALL  SELL,
 OFFER FOR SALE, OR DISTRIBUTE PACKAGING OR PAPER PRODUCTS FOR USE IN NEW
 YORK  UNLESS  THE  PRODUCER,  OR  ITS DESIGNATED PRODUCER RESPONSIBILITY
 ORGANIZATION, HAS SUBMITTED A PRODUCER RESPONSIBILITY  PROGRAM  PLAN  TO
 THE DEPARTMENT FOR APPROVAL.
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   6.  TO  ADDRESS  PROGRAM  PERFORMANCE,  PRODUCERS SHALL BE REQUIRED TO
 EVALUATE HOW THEY ARE MEETING THE MINIMUM POST-CONSUMER RECYCLED CONTENT
 RATE, MINIMUM RECOVERY RATE, AND MINIMUM RECYCLING  RATE  FOR  PACKAGING
 AND  PAPER MATERIAL TYPES, AS RECOMMENDED BY THE ADVISORY COMMITTEE, AND
 ADOPTED BY THE DEPARTMENT IN REGULATION.
   7. NO PRODUCER SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE PACKAGING AND
 PAPER  PRODUCTS  FOR  USE  IN  NEW  YORK  UNLESS SUCH PACKAGING OR PAPER
 PRODUCTS ARE IN COMPLIANCE WITH TITLE TWO  OF  ARTICLE  THIRTY-SEVEN  OF
 THIS CHAPTER.
   8.  FUNDS COLLECTED FROM PRODUCERS BY A PRODUCER RESPONSIBILITY ORGAN-
 IZATION TO OPERATE THE PROGRAM PURSUANT TO THIS TITLE SHALL NOT BE  USED
 TO  CARRY  OUT  LOBBYING  ACTIVITIES, BRING A LAWSUIT AGAINST THE STATE,
 DEFEND LITIGATION INVOLVING CLAIMS OF A PRODUCER  RESPONSIBILITY  ORGAN-
 IZATION'S  FAILURE  TO  COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, OR
 FOR PAYMENT OF PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
   9. NO PERSON MAY CHARGE A CONSUMER A POINT-OF-SALE OR POINT-OF-COLLEC-
 TION FEE TO RECOUP THE COSTS ASSOCIATED  WITH  MEETING  THE  OBLIGATIONS
 UNDER THIS TITLE.
 § 27-3305. ADVISORY COMMITTEE.
   1.  THE  COMMISSIONER  OF  THE DEPARTMENT SHALL APPOINT MEMBERS TO THE
 ADVISORY COMMITTEE, WHICH  SHALL  BE  COMPRISED  OF  AN  ODD  NUMBER  OF
 MEMBERS,  WITH  AT  LEAST  ONE MEMBER REPRESENTING EACH OF THE FOLLOWING
 DISCIPLINES, WITH EACH DISCIPLINE HAVING EQUAL REPRESENTATION:
   (A) AN  ASSOCIATION  REPRESENTING  MUNICIPALITIES  AND  AN  ADDITIONAL
 MUNICIPAL REPRESENTATIVE FROM A CITY WITH A POPULATION OF ONE MILLION OR
 MORE RESIDENTS;
   (B) A MUNICIPALITY OPERATING A RECYCLING PROGRAM;
   (C) A STATEWIDE ENVIRONMENTAL ORGANIZATION;
   (D)  A  REPRESENTATIVE OF AN ENVIRONMENTAL JUSTICE COMMUNITY OR ORGAN-
 IZATION;
   (E) A STATEWIDE WASTE DISPOSAL ASSOCIATION;
   (F) A RECYCLABLES HANDLING AND RECOVERY FACILITY  LOCATED  WITHIN  THE
 STATE OF NEW YORK;
   (G) A RECYCLING COLLECTION PROVIDER;
   (H)  A  MANUFACTURER  OF  PACKAGING  MATERIALS UTILIZING POST-CONSUMER
 RECYCLED CONTENT;
   (I) A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED
 CONTENT;
   (J) A CONSUMER ADVOCATE;
   (K) A RETAIL ORGANIZATION; AND
   (L) A PRODUCER OF PACKAGING PRODUCTS, PRODUCER OF PAPER PRODUCTS,  AND
 A REPRESENTATIVE FROM A PRODUCER RESPONSIBILITY ORGANIZATION ESTABLISHED
 UNDER THIS TITLE AS NON-VOTING MEMBERS.
   2.    THE  ADVISORY  COMMITTEE  SHALL  SELECT  A  CHAIR FROM AMONG THE
 MEMBERS. THE CHAIR WILL BE RESPONSIBLE FOR SELECTING SECRETARIAL SUPPORT
 FOR THE ADVISORY COMMITTEE.
   3. THE ADVISORY COMMITTEE SHALL BE CONSULTED AS NEEDED, BUT  AT  LEAST
 ONCE,  DURING  THE  DEVELOPMENT  OF  THE PRODUCER RESPONSIBILITY PROGRAM
 PLAN, PRIOR TO ANY UPDATE TO THE PRODUCER RESPONSIBILITY  PROGRAM  PLAN,
 AND PRIOR TO THE SUBMISSION OF AN ANNUAL REPORT.
   4.  THE  ADVISORY  COMMITTEE SHALL USE THE FINDINGS FROM THE STATEWIDE
 NEEDS ASSESSMENT TO  INFORM  ITS  PRODUCER  OR  PRODUCER  RESPONSIBILITY
 ORGANIZATION PROGRAM PLAN RECOMMENDATIONS.
   5.  THE  ADVISORY COMMITTEE SHALL WORK WITH ALL PRODUCERS IMPLEMENTING
 AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM AND ALL  PRODUCER
 S. 8008--A                         88                         A. 9008--A
 
 RESPONSIBILITY  ORGANIZATIONS TO ENSURE CONSISTENT MESSAGING AND COORDI-
 NATION ACROSS PROGRAM PLANS.
   6.  THE  ADVISORY  COMMITTEE  SHALL REVIEW THE PRODUCER RESPONSIBILITY
 PROGRAM PLANS REQUIRED UNDER THIS TITLE  AND  PREPARE  SPECIFIC  WRITTEN
 RECOMMENDATIONS  ON  ALL PORTIONS OF THE PRODUCER RESPONSIBILITY PROGRAM
 PLANS AND ON ALL UPDATES OR REVISIONS TO APPROVED PRODUCER  RESPONSIBIL-
 ITY  PROGRAM  PLANS. SUCH RECOMMENDATION SHALL BE APPROVED BY A MAJORITY
 OF THE ADVISORY COMMITTEE'S MEMBERS. THE PRODUCER IMPLEMENTING AN  INDI-
 VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL-
 ITY ORGANIZATION SHALL CONSIDER AND RESPOND TO THOSE WRITTEN RECOMMENDA-
 TIONS  IN  WRITING,  AND  SUCH  RECOMMENDATIONS  AND  RESPONSES SHALL BE
 PROVIDED TO THE DEPARTMENT AT THE TIME OF PLAN SUBMISSION.
   7. BY APRIL FIRST, TWO THOUSAND TWENTY-FOUR,  THE  ADVISORY  COMMITTEE
 SHALL RECOMMEND TO THE DEPARTMENT ANNUAL MINIMUM RECOVERY RATES, RECYCL-
 ING  RATES,  AND POST-CONSUMER RECYCLED CONTENT RATES, BY MATERIAL TYPE,
 OVER A FIVE-YEAR TIMEFRAME BEGINNING IN TWO  THOUSAND  TWENTY-SIX.  SUCH
 RATE  SETTING  RECOMMENDATION  SHALL BE INFORMED BY THE NEEDS ASSESSMENT
 AND APPROVED BY THE DEPARTMENT.
   8. BY OCTOBER FIRST, TWO THOUSAND TWENTY-FIVE,  THE  DEPARTMENT  SHALL
 ADOPT  REGULATIONS  SETTING FORTH INITIAL ANNUAL MINIMUM RECOVERY RATES,
 RECYCLING RATES, AND POST-CONSUMER RECYCLED CONTENT RATES,  BY  MATERIAL
 TYPE, OVER A FIVE-YEAR TIMEFRAME BEGINNING IN TWO THOUSAND TWENTY-SIX.
   9.  (A)  THE  ADVISORY  COMMITTEE  SHALL  MAKE  RECOMMENDATIONS TO THE
 DEPARTMENT AT THE TIME OF PRODUCER OR PRODUCER RESPONSIBILITY  ORGANIZA-
 TION  ANNUAL  REPORT  SUBMITTAL,  AS  TO  WHETHER ANY ADJUSTMENTS TO THE
 INITIALLY ADOPTED MINIMUM RECOVERY RATES, RECYCLING RATES, AND POST-CON-
 SUMER RECYCLED CONTENT RATES ARE NECESSARY. THE ADVISORY  COMMITTEE,  IN
 CONSIDERATION OF A RECOMMENDATION TO ADJUST ANY RATES, SHALL CONSIDER:
   (I)  CHANGES  IN  MARKET  CONDITIONS,  INCLUDING SUPPLY AND DEMAND FOR
 POST-CONSUMER RECYCLED PLASTICS, BOTH DOMESTICALLY AND GLOBALLY;
   (II) CURRENT RECYCLING RATES;
   (III) THE AVAILABILITY OF RECYCLED  MATERIALS  SUITABLE  TO  MEET  THE
 MINIMUM RECYCLED CONTENT GOALS, INCLUDING THE AVAILABILITY OF HIGH-QUAL-
 ITY RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED MATERIALS;
   (IV) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE;
   (V) UTILIZATION RATES OF THE MATERIAL; AND
   (VI) THE PROGRESS MADE BY PRODUCERS IN MEETING THE POST-CONSUMER RECY-
 CLED TARGETS BY MATERIAL TYPE.
   (B)  IF  AN  ADJUSTMENT  IS  RECOMMENDED, THE ADVISORY COMMITTEE SHALL
 PROVIDE A DETAILED BASIS FOR JUSTIFICATION.
   10. MEMBERS OF THE ADVISORY COMMITTEE  SHALL  BE  REIMBURSED  FOR  ANY
 NECESSARY  TRAVEL  EXPENSES,  RELATED  TO  PARTICIPATING ON THE ADVISORY
 COMMITTEE, BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED  PRODUCER
 RESPONSIBILITY  PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, AND THE
 DEPARTMENT SHALL BE RESPONSIBLE FOR MONITORING THESE  EXPENSES.  MEMBERS
 OF THE ADVISORY COMMITTEE SHALL RECEIVE NO SALARY FROM A PRODUCER IMPLE-
 MENTING  AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR
 PRODUCER RESPONSIBILITY ORGANIZATION. THE COSTS FOR SECRETARIAL  SUPPORT
 TO THE ADVISORY COMMITTEE SHALL BE PAID FOR BY THE PRODUCER IMPLEMENTING
 AN  INDIVIDUAL  EXTENDED  PRODUCER  RESPONSIBILITY  PROGRAM  OR PRODUCER
 RESPONSIBILITY ORGANIZATION, AND THE DEPARTMENT SHALL BE RESPONSIBLE FOR
 MONITORING THESE EXPENSES.
   11. MEMBERS SHALL SERVE ON THE ADVISORY COMMITTEE FOR AT  LEAST  THREE
 YEARS.
 § 27-3307. PRODUCER RESPONSIBILITY PROGRAM PLAN.
 S. 8008--A                         89                         A. 9008--A
 
   1. BY APRIL FIRST, TWO THOUSAND TWENTY-FIVE, ANY PRODUCER IMPLEMENTING
 AN  INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY PRODUCER
 RESPONSIBILITY ORGANIZATION, SHALL SUBMIT TO THE DEPARTMENT  A  PRODUCER
 RESPONSIBILITY PROGRAM PLAN, DETAILING ITS PROPOSED COLLECTION AND RECY-
 CLING PROGRAM FOR PACKAGING AND PAPER PRODUCTS.
   2.  THE  PRODUCER  RESPONSIBILITY PROGRAM PLAN SHALL BE VALID FOR FIVE
 YEARS AND SHALL BE REVIEWED AND UPDATED EVERY FIVE YEARS  FOLLOWING  THE
 APPROVAL  OF THE ORIGINAL PLAN. THE DEPARTMENT SHALL HAVE THE DISCRETION
 TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED  PRIOR  TO  THE  FIVE-YEAR
 PERIOD  IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE MINIMUM POST-CONSUMER
 RECYCLED CONTENT RATES, MINIMUM RECOVERY RATES, MINIMUM RECYCLING RATES,
 AS SPECIFIED BY THE DEPARTMENT IN REGULATION, OR OTHER  FACTORS  OF  THE
 PLAN ARE NOT BEING MET OR FOLLOWED BY THE PRODUCER OR PRODUCER RESPONSI-
 BILITY ORGANIZATION, OR IF THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT
 WARRANTS REVISION OF THE PLAN.
   3. THE SUBMITTED PLAN SHALL, AT A MINIMUM, ADDRESS THE FOLLOWING:
   (A)  CONTACT  INFORMATION.  CONTACT  INFORMATION,  INCLUDING THE NAME,
 ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE  AUTHORIZED
 REPRESENTATIVE  OF  THE  PRODUCER  IMPLEMENTING  AN  INDIVIDUAL EXTENDED
 PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION.
   (B) PARTICIPATING PRODUCER OR  PRODUCERS.  IDENTIFY  THE  PRODUCER  OR
 PRODUCERS PARTICIPATING IN THE SUBMITTED PRODUCER RESPONSIBILITY PROGRAM
 PLAN.
   (C)  ADVISORY  COMMITTEE  RECOMMENDATIONS.  A  DESCRIPTION  OF HOW THE
 RECOMMENDATIONS  FROM  THE  ADVISORY  COMMITTEE  WERE   CONSIDERED   AND
 ADDRESSED IN THE DEVELOPMENT OF THE PLAN.
   (D)  TYPES  AND  BRANDS OF PACKAGING AND PAPER PRODUCTS. A LIST OF THE
 TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS FOR WHICH THE  PRODUCER
 OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSIBLE FOR.
   (E) FUNDING MECHANISM. A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM
 THAT  IS  NECESSARY TO MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFI-
 CIENT TO COVER THE COST OF OPERATING THE PROGRAM, UPDATING THE PLAN, AND
 MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM  IN  A
 FISCALLY  PRUDENT  AND RESPONSIBLE MANNER. THE DEPARTMENT MAY PROMULGATE
 REGULATIONS NECESSARY FOR A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
 PRODUCER RESPONSIBILITY PROGRAM OR A PRODUCER  RESPONSIBILITY  ORGANIZA-
 TION TO DEVELOP AND MANAGE A FUNDING MECHANISM AND ACTIVITY-BASED COSTS.
 THE FOLLOWING FUNDING MECHANISM DETAILS SHALL BE PROVIDED IN THE PRODUC-
 ER RESPONSIBILITY PLAN:
   (I)  PROPOSED PROGRAM CHARGES FOR PRODUCERS, LISTED BY PRODUCER, WHICH
 SHALL BE SUFFICIENT TO COVER ALL PROGRAM COSTS;
   (II) ECO-MODULATION. FOR  PURPOSES  OF  THIS  TITLE,  "ECO-MODULATION"
 SHALL  PROVIDE  THAT PROGRAM CHARGES ARE STRUCTURED TO PROVIDE PRODUCERS
 WITH FINANCIAL INCENTIVES THAT REWARD WASTE  AND  SOURCE  REDUCTION  AND
 RECYCLING  COMPATIBILITY  INNOVATIONS AND PRACTICES, REWARD PRODUCERS OF
 PACKAGING AND PAPER PRODUCTS THAT CAN BE EASILY REUSED, AND THAT  DISIN-
 CENTIVIZE DESIGNS OR PRACTICES THAT INCREASE COSTS OF MANAGING THE PACK-
 AGING  AND  PAPER PRODUCTS. THE PRODUCER RESPONSIBILITY ORGANIZATION MAY
 ADJUST CHARGES TO BE PAID BY PARTICIPATING PRODUCERS, OR  THE  PRODUCERS
 MAY  BE PROVIDED A CREDIT, BASED ON FACTORS THAT AFFECT SYSTEM COSTS. AT
 A MINIMUM, CHARGES SHALL BE VARIABLE BASED ON:
   (A) COSTS TO PROVIDE RECYCLING COLLECTION OR OTHER  FORM  OF  CONSUMER
 SERVICE  THAT  IS,  AT  MINIMUM,  AS  CONVENIENT  AS  THE PREVIOUS WASTE
 COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION FOR ALL CONSUMERS;
   (B) COSTS TO PROCESS A PRODUCER'S PACKAGING  AND  PAPER  PRODUCTS  FOR
 SALE TO SECONDARY MATERIAL MARKETS;
 S. 8008--A                         90                         A. 9008--A
 
   (C)  WHETHER  THE PACKAGING OR PAPER PRODUCT WOULD TYPICALLY BE READI-
 LY-RECYCLABLE EXCEPT THAT AS A CONSEQUENCE OF THE PRODUCT'S DESIGN,  THE
 PRODUCT  HAS THE EFFECT OF DISRUPTING RECYCLING PROCESSES OR THE PRODUCT
 INCLUDES LABELS, INKS, OR ADHESIVES CONTAINING HEAVY METALS  THAT  WOULD
 CONTAMINATE THE RECYCLING PROCESS;
   (D) WHETHER THE PACKAGING AND PAPER PRODUCTS ARE NONFOOD CONTACT PACK-
 AGING THAT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS
 A HIGH REUSE OR REFILL RATE;
   (E) THE COMMODITY VALUE OF PACKAGING AND PAPER PRODUCTS; AND
   (F)  CONTRIBUTIONS  TO  GREENHOUSE  GAS EMISSIONS FROM THE PRODUCTION,
 USE, COLLECTION, PROCESSING, AND MARKETING OF  THE  PACKAGING  OR  PAPER
 PRODUCT.
   (III)  A  PROPOSED SPECIAL ASSESSMENT CHARGE ON SPECIFIC CATEGORIES OF
 COVERED PACKAGING AND PAPER PRODUCTS AT THE REQUEST OF RESPONSIBLE ENTI-
 TIES REPRESENTING AND APPROVED BY THE ADVISORY COMMITTEE IF  THE  NATURE
 OF  THE  COVERED  PACKAGING  AND  PAPER PRODUCT IMPOSES UNUSUAL COSTS IN
 COLLECTION OR PROCESSING OR REQUIRES SPECIAL ACTIONS TO  ADDRESS  EFFEC-
 TIVE ACCESS TO RECYCLING OR SUCCESSFUL PROCESSING IN MUNICIPAL RECYCLING
 FACILITIES.  THE  REVENUE  FROM  THE SPECIAL ASSESSMENT SHALL BE USED TO
 MAKE SYSTEM IMPROVEMENTS FOR THE SPECIFIC COVERED  PACKAGING  AND  PAPER
 PRODUCTS ON WHICH THE SPECIAL ASSESSMENT WAS APPLIED;
   (IV)  HOW CHARGES SHALL BE ADJUSTED BASED UPON THE PERCENTAGE OF POST-
 CONSUMER RECYCLED CONTENT AND SUCH PERCENTAGE OF POST-CONSUMER  RECYCLED
 CONTENT  SHALL  BE VERIFIED EITHER BY THE PRODUCER RESPONSIBILITY ORGAN-
 IZATION OR BY AN INDEPENDENT  PARTY  DESIGNATED  BY  THE  DEPARTMENT  TO
 ENSURE THAT SUCH PERCENTAGE MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS IN
 THE PACKAGING OR PAPER PRODUCT, AS LONG AS THE RECYCLED CONTENT DOES NOT
 DISRUPT THE POTENTIAL FOR FUTURE RECYCLING; AND
   (V) HOW ACTIVITY-BASED COSTS ARE CALCULATED AND DISPERSED FOR SERVICES
 UTILIZED  BY  A  PRODUCER  IMPLEMENTING  AN INDIVIDUAL EXTENDED PRODUCER
 RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY  ORGANIZATION  IF  THE
 WASTE  HAULERS, RECYCLABLES HANDLING AND RECOVERY FACILITIES, RECYCLERS,
 AND MUNICIPALITIES, AND OTHER SERVICE PROVIDERS ELECT TO PARTICIPATE AND
 BE COMPENSATED BY  THE  PRODUCER  IMPLEMENTING  AN  INDIVIDUAL  EXTENDED
 PRODUCER  RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION
 IN THE RECOVERY,  RECYCLING,  AND  PROCESSING  OF  PACKAGING  AND  PAPER
 PRODUCTS.  THE  ACTIVITY-BASED COST MECHANISM SHALL BE BASED ON THE COST
 OF CONSUMER RECYCLING COLLECTION, ON-SITE PROCESSING COST FOR EACH READ-
 ILY-RECYCLABLE MATERIAL, PROCESSING COST OF NON-READILY RECYCLABLE MATE-
 RIAL TYPES, TRANSPORTATION COST OF RECYCLING  FOR  EACH  MATERIAL  TYPE,
 DISPOSAL  COSTS  FOR  ANY  RESIDUAL  OR NON-RECYCLABLE MATERIAL, AND ANY
 OTHER COST FACTORS AS DETERMINED BY THE ADVISORY  COMMITTEE  OR  DEPART-
 MENT.
   (F)  MUNICIPAL  AND PRIVATE ENTITY REIMBURSEMENT. A DESCRIPTION OF THE
 PROCESS FOR MUNICIPALITIES OR PRIVATE  ENTITIES  (SUCH  AS  SOLID  WASTE
 COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER
 PARTICIPATING SERVICE PROVIDERS) OPERATING UNDER THE PRODUCER OR PRODUC-
 ER  RESPONSIBILITY  ORGANIZATION'S PLAN, TO RECOUP REASONABLE COSTS FROM
 THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION FOR  THE  ACTIVITY-
 BASED  COSTS,  INCLUDING, AS APPLICABLE, ANY ADMINISTRATIVE, COLLECTION,
 SORTING, TRANSPORTATION, CAPITAL IMPROVEMENT, OR PROCESSING  COSTS.  THE
 MUNICIPALITY OR PRIVATE ENTITY MAY NOT PASS ON TO THE CONSUMER COSTS FOR
 WHICH IT HAS BEEN PAID BY THE PRODUCER OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION.  TO FACILITATE THE PRODUCER'S OR PRODUCER RESPONSIBILITY ORGAN-
 IZATION'S DETERMINATION OF ACTIVITY-BASED COSTS,  PARTICIPATING  MUNICI-
 PALITIES  AND  PRIVATE ENTITIES SHALL REPORT DATA RELATED TO THEIR COSTS
 S. 8008--A                         91                         A. 9008--A
 
 AND THE VALUE OF MATERIALS TO THE PRODUCER  OR  PRODUCER  RESPONSIBILITY
 ORGANIZATION. COST CALCULATIONS SHALL ACCOUNT FOR REVENUE GENERATED FROM
 RECYCLABLE MATERIALS.
   (G) OUTREACH AND EDUCATION. A DESCRIPTION OF THE PRODUCER'S OR PRODUC-
 ER  RESPONSIBILITY  ORGANIZATION'S PUBLIC OUTREACH AND EDUCATION PROGRAM
 FOR CONSUMERS AND OTHER STAKEHOLDERS.
   (I) THE PLAN SHALL ADDRESS HOW  THE  OUTREACH  AND  EDUCATION  PROGRAM
 WILL:
   (A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF PACKAGING AND PAPER
 PRODUCTS  EXTENDED  PRODUCER  RESPONSIBILITY UNDER THIS TITLE, INCLUDING
 THE PREVENTION OF CONTAMINATION OF PRODUCTS;
   (B) BE COORDINATED ACROSS PRODUCER AND PRODUCER RESPONSIBILITY  ORGAN-
 IZATION PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; AND
   (C)  CONSULT  WITH  MUNICIPALITIES  AND OTHER STAKEHOLDERS, COORDINATE
 WITH AND ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS,
 SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES,
 AND DEVELOP AND PROVIDE OUTREACH AND  EDUCATION  TO  THE  DIVERSE  POPU-
 LATIONS  IN  THE  STATE,  INCLUDING  UTILIZING A VARIETY OF OUTREACH AND
 EDUCATION TOOLS AND ENSURING MATERIALS ARE ACCESSIBLE TO ALL PERSONS AND
 ARE PROVIDED IN MULTIPLE LANGUAGES.
   (II) PARTICIPATING PRODUCERS SHALL LABEL OR MARK PACKAGING  AND  PAPER
 PRODUCTS IN ACCORDANCE WITH CURRENT LABELING RULES, LAWS, OR REGULATIONS
 WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCL-
 ING  PACKAGING  AND PAPER PRODUCTS, RESPONSIBLY COMPOSTING PACKAGING AND
 PAPER PRODUCTS, AND EDUCATING CONSUMERS ABOUT THE  PERCENTAGE  OF  POST-
 CONSUMER RECYCLED CONTENT.
   (III)  DETAILS  ON THE FOLLOWING COMPONENTS OF THE OUTREACH AND EDUCA-
 TION PROGRAM SHALL BE PROVIDED IN THE PLAN, AND AVAILABLE  TO  CONSUMERS
 AND  OTHER  STAKEHOLDERS  ON  THE  PRODUCER'S OR PRODUCER RESPONSIBILITY
 ORGANIZATION'S PUBLIC EDUCATION PROGRAM WEBSITE:
   (A) PROPER END-OF-LIFE MANAGEMENT OF  PACKAGING,  PAPER  PRODUCTS  AND
 BEVERAGE CONTAINERS;
   (B) THE LOCATION AND AVAILABILITY OF RECYCLING COLLECTION;
   (C)  HOW  TO PREVENT LITTER OF PACKAGING, PAPER PRODUCTS, AND BEVERAGE
 CONTAINERS;
   (D) INFORMATION ON HOW CONSUMERS  CAN  REDUCE  THEIR  CONSUMPTION  FOR
 SINGLE-USE  PACKAGING AND PAPER PRODUCTS IN FAVOR OF MORE REUSABLE MATE-
 RIALS;
   (E) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT  STATE-
 WIDE,  EXCEPT  AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL
 LAWS AND PROCESSING CAPABILITIES; EASY TO UNDERSTAND; AND EASILY  ACCES-
 SIBLE; AND
   (F)  A  DESCRIPTION OF THE PROCESS FOR ANSWERING STAKEHOLDER QUESTIONS
 AND RESOLVING ANY ISSUES.
   (IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION  SHALL  UNDERTAKE
 OUTREACH,  EDUCATION,  AND  COMMUNICATIONS  THAT  ASSIST IN ATTAINING OR
 EXCEEDING THE MINIMUM POST-CONSUMER CONTENT, MINIMUM RECOVERY RATES, AND
 MINIMUM RECYCLING RATES, AS SPECIFIED BY THE DEPARTMENT IN REGULATION.
   (H) EXISTING INFRASTRUCTURE. HOW THE PRODUCER IMPLEMENTING AN INDIVID-
 UAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR THE  PRODUCER  RESPONSI-
 BILITY  ORGANIZATION  WILL WORK WITH EXISTING WASTE HAULERS, RECYCLABLES
 HANDLING AND RECOVERY FACILITIES, RECYCLERS, AND MUNICIPALITIES TO OPER-
 ATE OR EXPAND CURRENT COLLECTION PROGRAMS TO ADDRESS MATERIAL COLLECTION
 METHODS.
 S. 8008--A                         92                         A. 9008--A
 
   (I) CONVENIENCE. A DESCRIPTION OF HOW  THE  PRODUCER  IMPLEMENTING  AN
 INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
 SIBILITY ORGANIZATION INTENDS TO MEET THE CONVENIENCE  REQUIREMENTS  SET
 FORTH AS FOLLOWS:
   (I)  A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR
 WIDESPREAD,  FREE,  CONVENIENT,  AND  EQUITABLE   CONSUMER   ACCESS   TO
 COLLECTION OPPORTUNITIES FOR THE PACKAGING AND PAPER PRODUCTS IDENTIFIED
 UNDER  THE  PRODUCER  OR  PRODUCER RESPONSIBILITY ORGANIZATION'S PROGRAM
 PLAN.
   (II) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY PROGRAM OR  PRODUCER  RESPONSIBILITY  ORGANIZATION  SHALL  ENSURE
 SERVICES,  THAT  ARE  AT  LEAST AS CONVENIENT AS THE PREVIOUS COLLECTION
 SCHEMA IN A PARTICULAR JURISDICTION, CONTINUE FOR ALL  CONSUMERS  AS  OF
 THE EFFECTIVE DATE OF THIS TITLE.
   (III)  A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
 SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY  ORGANIZATION  SHALL  ENSURE
 SERVICES  THAT COLLECT COVERED PACKAGING AND PAPER PRODUCTS GENERATED BY
 BUSINESS ESTABLISHMENTS ARE AT LEAST AS ORDERLY  AND  EFFICIENT  AS  THE
 PREVIOUS COLLECTION SCHEMA AS OF THE EFFECTIVE DATE OF THIS TITLE.
   (IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
 BILITY  PROGRAM  OR  PRODUCER  RESPONSIBILITY ORGANIZATION MAY RELY ON A
 RANGE OF MEANS TO COLLECT VARIOUS  CATEGORIES  OF  PACKAGING  AND  PAPER
 PRODUCTS  INCLUDING,  BUT  NOT LIMITED TO, CURBSIDE COLLECTION, FACILITY
 DROP-OFF, AND EVENTS, SO LONG AS PACKAGING AND PAPER PRODUCTS COLLECTION
 OPTIONS INCLUDE RECYCLING COLLECTION SERVICES IF:
   (A) THE CATEGORY OF PACKAGING AND PAPER PRODUCTS IS SUITABLE FOR RECY-
 CLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIV-
 ING THE COLLECTED MATERIAL;
   (B) THE PROVIDER OF THE RECYCLING COLLECTION SERVICE AGREES TO INCLUDE
 THE CATEGORY OF PACKAGING AND PAPER PRODUCTS AS AN ACCEPTED MATERIAL;
   (C) THE PACKAGING AND PAPER PRODUCTS CATEGORY IS NOT HANDLED THROUGH A
 DEPOSIT  AND  RETURN  SCHEME,  OTHER  EXTENDED  PRODUCER  RESPONSIBILITY
 PROGRAM,  OR  BUY  BACK  SYSTEM THAT RELIES ON A COLLECTION SYSTEM OTHER
 THAN RECYCLING COLLECTION; AND
   (D) THE PROVIDER OF THE RECYCLING COLLECTION  SERVICE  AGREES  TO  THE
 PRODUCER  IMPLEMENTING  AN  INDIVIDUAL  EXTENDED PRODUCER RESPONSIBILITY
 PROGRAM'S OR PRODUCER RESPONSIBILITY ORGANIZATION'S ACTIVITY-BASED COSTS
 ARRANGEMENT.
   (V)  WHERE  RECYCLING  COLLECTION  IS  NOT  AVAILABLE   AND   DROP-OFF
 COLLECTION  FACILITIES ARE UTILIZED, CONSUMERS SHALL HAVE FREE AND EQUI-
 TABLE ACCESS TO FACILITIES THAT ARE WITHIN FIFTEEN  MILES  OF  AT  LEAST
 NINETY-FIVE PERCENT OF THE JURISDICTION'S POPULATION UNSERVED BY RECYCL-
 ING COLLECTION.
   (J)  MINIMUM  RECYCLING,  RECOVERY AND CONTENT RATES. A DESCRIPTION OF
 HOW THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER  RESPONSI-
 BILITY  PROGRAM  OR PRODUCER RESPONSIBILITY ORGANIZATION INTENDS TO MEET
 OR EXCEED THE MINIMUM RECYCLING RATE, MINIMUM RECOVERY RATE, AND MINIMUM
 POST-CONSUMER RECYCLED CONTENT RATES FOR PACKAGING OR PAPER PRODUCTS, BY
 MATERIAL TYPE, AS SPECIFIED BY THE DEPARTMENT IN REGULATION.
   (K) END-OF-LIFE MANAGEMENT PROCESSES. A DESCRIPTION OF THE PROCESS FOR
 END-OF-LIFE MANAGEMENT,  INCLUDING  RECYCLING  AND  DISPOSAL,  FOR  EACH
 COMPONENT MATERIAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
   (L)  A  DESCRIPTION  OF  HOW  THE PRODUCER RESPONSIBILITY ORGANIZATION
 SHALL PROVIDE THE OPTION TO PURCHASE RECYCLED MATERIALS FROM  PROCESSORS
 S. 8008--A                         93                         A. 9008--A
 
 ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING RECYCLED FEEDSTOCK
 IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT OBJECTIVES.
   (M) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION WILL
 WORK  WITH  PRODUCERS  TO  HELP REDUCE A PRODUCER'S TOTAL AMOUNT OF NON-
 REUSABLE PACKAGING.
   (N) PACKAGING AND PAPER PRODUCTS REDUCTION. A  DESCRIPTION  OF  HOW  A
 PRODUCER  RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE
 PACKAGING AND PAPER PRODUCTS THROUGH PRODUCT DESIGN  AND  PROGRAM  INNO-
 VATIONS.
   (O) CONSUMER CONCERNS PROCESS. A PROCESS TO ADDRESS CONCERNS AND