S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8308--A                                            A. 8808--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 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 part PP of chapter 54 of the laws of 2016 amending the
   public authorities law and the general municipal law relating  to  the
   New York transit authority and the metropolitan transportation author-
   ity,  in  relation  to extending provisions of law relating to certain
   tax increment financing provisions  (Part  A);  to  amend  the  public
   authorities  law, in relation to implementing blue ribbon panel recom-
   mendations regarding fare and toll evasion  (Part  B);  to  amend  the
   penal  law,  in relation  to including the intentional use of any toll
   highway, parkway, road, bridge or tunnel or any entry into or  remain-
   ing  in  a  tolled  central  business  district without payment of the
   lawful toll or charge as a theft of service; to amend the vehicle  and
   traffic  law, in relation to obstructed or obscured license plates and
   the penalty imposed upon the operator of  a  vehicle  with  an  inten-
   tionally  altered  or  obscured license plate while on a toll highway,
   bridge or tunnel or in a tolled central business  district;  to  amend
   the  vehicle  and traffic law, in relation to authorizing law enforce-
   ment to confiscate license plate coverings;  to amend the vehicle  and
   traffic  law,  in relation to allowing the commissioner of motor vehi-
   cles to restrict registration transactions for vehicles with suspended
   or pending suspended registrations for failure  to  pay  tolls  unless
   sold  to  a bona fide purchaser; to amend the vehicle and traffic law,
   in relation to authorizing vehicle registration suspension for failure
   to comply with the removal of  materials  or  substances  altering  or
   obscuring  a license plate; and to amend the public authorities law in
   relation to authorizing public authorities with  bridges,  tunnels  or
   highways  under  their  jurisdiction  to  enter  judgments  for unpaid
   liabilities for a violation of toll collection regulations and enforce
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12673-02-4
 S. 8308--A                          2                         A. 8808--A
 
   such judgments without court proceedings (Part C); to amend the  vehi-
   cle  and  traffic  law  and the public authorities law, in relation to
   deterring fraud in connection with any eligibility process for or  use
   of toll credits, discounts, or exemptions related to any entry into or
   remaining  in  the  tolled central business district or any Triborough
   bridge and tunnel authority toll bridge or tunnel (Part D);  to  amend
   part  I  of chapter 413 of the laws of 1999, relating to providing for
   mass transportation payments, in relation to the amount of    payments
   in  the  Capital  District  Transportation  District and adding Warren
   County to such District (Part E); 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 tech-
   nology pilot program, in relation to the effectiveness  thereof  (Part
   F);  to  amend part U1 of 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 ther-
   eof;  and  to amend 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, in relation to the effectiveness thereof (Part G); to  amend
   the  vehicle  and  traffic  law, in relation to establishing an online
   insurance verification system for  motor  vehicle  insurance;  and  to
   repeal certain provisions of such law relating to motor vehicle insur-
   ance  and funds for a certain pilot database system (Part H); to amend
   the vehicle and traffic law, in relation to establishing speed  limits
   in  cities  with populations in excess of one million people (Part I);
   to amend part FF of chapter 55 of the laws of 2017 relating  to  motor
   vehicles  equipped  with autonomous vehicle technology, in relation to
   the effectiveness thereof (Part J); to amend  the  transportation  law
   and  the  vehicle and traffic law, in relation to enacting the stretch
   limousine passenger safety  act;  and  providing  for  the  repeal  of
   certain  provisions  upon  expiration  thereof  (Part K); to amend the
   executive law, the criminal procedure law, the retirement  and  social
   security  law  and the tax law, in relation to creating the Waterfront
   Commission Act;  and to repeal chapter 882 of the laws of 1953  relat-
   ing  to  waterfront  employment  and air freight   industry regulation
   (Part L); to amend part DDD of chapter 55 of the laws of 2021 amending
   the  public authorities law relating to  the  clean  energy  resources
   development  and  incentives program, in relation to the effectiveness
   thereof (Part M); in relation to authorizing the New York state energy
   research and  development  authority  to  finance  a  portion  of  its
   research, development and demonstration, policy and planning, and Fuel
   NY  program, as well as climate change related expenses of the depart-
   ment of environmental conservation from an assessment on gas and elec-
   tric corporations (Part N); to  amend  the  public  service  law,  the
   eminent  domain  procedure  law,  the  energy  law,  the environmental
   conservation law, the public authorities law, and the  education  law,
   in  relation  to transferring the functions of the office of renewable
   energy siting to the department of public service and accelerating the
   permitting of electric utility transmission facilities; and to  repeal
   certain  provisions  of  the  executive law and the public service law
   relating thereto (Part O); to amend the public  service  law  and  the
   transportation corporations law, in relation to aligning utility regu-
   lation  with  state  greenhouse gas emission reduction targets; and to
   repeal section 66-b of the public service law relating to continuation
   of gas service (Part P); to authorize  utility  and  cable  television
   assessments  that provide funds to the department of health from cable
 S. 8308--A                          3                         A. 8808--A
 
   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 expiration thereof (Part Q); to amend the agriculture
   and markets law, in relation to application fees for the licensing  of
   weighmasters (Part R); to amend the environmental conservation law, in
   relation to authorizing state assistance payments toward climate smart
   community projects of up to eighty percent to municipalities that meet
   criteria  relating  to financial hardship or disadvantaged communities
   (Part S); to amend the environmental conservation law, in relation  to
   air  quality control program fees; and to repeal certain provisions of
   the environmental conservation law and the state finance law  relating
   thereto  (Part T); to amend the public authorities law and the facili-
   ties development corporation  act,  in  relation  to  authorizing  the
   dormitory  authority  to provide additional services to state agencies
   and local governments for certain projects (Part U); 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 establishment of subsidiaries for certain
   purposes, in relation to the effectiveness thereof (Part V); to  amend
   the  public  authorities  law,  in  relation  to the Battery Park city
   authority (Part W); to amend the economic development law, in relation
   to increasing the cap on grants to entrepreneurship assistance centers
   (Part X); to amend chapter 261 of the laws of 1988, amending the state
   finance law and other laws relating to the New York state  infrastruc-
   ture  trust fund, in relation to the  effectiveness  thereof (Part Y);
   to amend the  New  York  state  urban  development  corporation   act,
   in  relation  to  extending  the authority of the New York state urban
   development corporation to administer the empire state economic devel-
   opment fund (Part Z); to amend chapter 393 of the laws of 1994, amend-
   ing 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 AA); to amend chap-
   ter 495 of the laws of 2004, amending the insurance law and the public
   health law relating to the New York state health  insurance  continua-
   tion  assistance  demonstration project, in relation to the effective-
   ness thereof (Part BB); to amend the banking law, in relation  to  the
   regulation of buy-now-pay-later lenders (Part CC); to amend the insur-
   ance  law,  in  relation  to  supplemental spousal liability insurance
   (Part DD); to amend the  insurance law, in  relation to  cost  sharing
   for  covered prescription insulin drugs (Part EE); to amend the insur-
   ance law, in relation to affordable housing (Part FF);  to  amend  the
   general business law, in relation to prohibiting the sale of batteries
   for  micromobility  devices  (Part GG); to amend the insurance law, in
   relation to certain penalties (Part HH); to amend the general business
   law, the banking law, and the social  services  law,  in  relation  to
   protecting  eligible  adults from financial exploitation (Part II); to
   amend the general business law, in relation to enacting the  "Consumer
   Protection  Act"  (Part  JJ);  to amend chapter 56 of the laws of 2022
   amending the public officers law relating to permitting   videoconfer-
   encing  and  remote  participation  in  public  meetings under certain
   circumstances, in relation to extending the provisions  thereof  (Part
   KK);  to amend the insurance law, in relation to reinsurance, distrib-
   ution for life insurers, and assessments; and to amend the tax law, in
   relation to the credit relating to life and health insurance  guaranty
 S. 8308--A                          4                         A. 8808--A
 
   corporation  assessments (Part LL); to  amend  the  civil  rights law,
   in relation to privacy rights involving digitization (Subpart A);   to
   amend   the penal  law,  in relation to defining the crime of unlawful
   dissemination or publication of a fabricated photographic, videograph-
   ic,  or audio record, and updating the definition of certain crimes to
   include digitization (Subpart B); and to amend the  election  law,  in
   relation  to digitization in political communications (Subpart C)(Part
   MM); and to  amend  the insurance   law,   in relation  to  rates  for
   livery insurance (Part NN);
 
   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  2024-2025  state  fiscal
 year.  Each  component  is  wholly contained within a Part identified as
 Parts A through NN. 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.  Section  3  of  part PP of chapter 54 of the laws of 2016
 amending the public authorities law and the general municipal law relat-
 ing to the New York transit authority and the  metropolitan  transporta-
 tion  authority,  as amended by section 1 of part C of chapter 58 of the
 laws of 2023, 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,  [2024]  2034, 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 B
 
   Section 1. Subdivision 5-a of section 1204 of the  public  authorities
 law,  as  amended by chapter 931 of the laws of 1984, is amended to read
 as follows:
   5-a. To make, amend and repeal rules governing the conduct and  safety
 of  the public as it may deem necessary, convenient or desirable for the
 use and operation of the  transit  facilities  under  its  jurisdiction,
 including without limitation rules relating to the protection or mainte-
 nance  of  such  facilities,  the  conduct and safety of the public, the
 payment of fares or other lawful charges for the use of such facilities,
 the presentation or display of documentation  permitting  free  passage,
 reduced  fare  passage  or  full fare passage on such facilities and the
 protection of the revenue of the authority.   Violations of  such  rules
 S. 8308--A                          5                         A. 8808--A
 
 shall  be  an  offense punishable by a fine of not exceeding twenty-five
 dollars or by imprisonment for not longer than ten days, or both, or may
 be punishable by the  imposition  by  the  transit  adjudication  bureau
 established  pursuant to the provisions of this title of a civil penalty
 in an amount for each violation not to exceed [one] TWO hundred  dollars
 (exclusive  of SUPPLEMENTAL PENALTIES, interest or costs assessed there-
 on), in accordance with a schedule of such penalties as may from time to
 time be established by rules of the authority.   IF A VIOLATION  OF  THE
 RULES  OF  THE  AUTHORITY  RELATING TO THE PAYMENT OF FARES IS THE FIRST
 SUCH VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE  BY  AN
 OFFICIAL  WRITTEN  WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES
 OF THE AUTHORITY IN ALL RESPECTS, PROVIDED THAT SUCH A WARNING ISSUED TO
 AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS  A  PREDI-
 CATE  TO  THE  IMPOSITION  BY THE TRANSIT ADJUDICATION BUREAU OF A CIVIL
 PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN THE EVENT  OF
 A  SUBSEQUENT VIOLATION.  Such schedule of penalties may provide for the
 imposition of [additional] SUPPLEMENTAL penalties, not to exceed a total
 of fifty dollars for each violation, upon the failure of a respondent in
 any proceeding commenced with respect to  any  such  violation  to  make
 timely  response  to  or  appearance  in  connection  with  a  notice of
 violation of such rule or to any subsequent notice or  order  issued  by
 the authority in such proceeding. There shall be no penalty or increment
 in  fine  by  virtue of a respondent's timely exercise of his right to a
 hearing or appeal. The rules may provide, in addition to any other sanc-
 tions, for the confiscation of tokens,  tickets,  cards  or  other  fare
 media  that  have been forged, counterfeit, improperly altered or trans-
 ferred, or otherwise used in a manner inconsistent with such rules.
   § 2. Subdivisions 2, 3, 4, 5, 6, 7 and 10 of  section  1209-a  of  the
 public  authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended by
 chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of
 subdivision 4 as amended by chapter 460 of the laws of 2015, are amended
 to read as follows:
   2. Hearing officers. The president  of  the  authority  shall  appoint
 hearing  officers  who shall preside at hearings for the adjudication of
 charges of transit OR RAILROAD infractions, as hereinafter  defined  and
 the adjudication of allegations of liability for violations of the rules
 and regulations of the triborough bridge and tunnel authority in accord-
 ance with section two thousand nine hundred eighty-five of this chapter,
 and  who,  as  provided below, may be designated to serve on the appeals
 board of the bureau. Every hearing officer shall have been  admitted  to
 the  practice of law in this state for a period of at least three years,
 and shall be compensated for his OR HER services on  a  per  diem  basis
 determined by the bureau.
   3.  Jurisdiction. The bureau shall have, with respect to acts or inci-
 dents in or on the transit OR RAILROAD facilities of  the  authority  OR
 THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  OR  A  SUBSIDIARY  THEREOF
 committed by or involving persons who are sixteen years of age or  over,
 [or  with  respect  to acts or incidents occurring on omnibuses owned or
 operated by the metropolitan transportation authority  or  a  subsidiary
 thereof,]  and  with respect to violation of toll collection regulations
 of the triborough bridge and tunnel authority as  described  in  section
 twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
 tion  over  violations  of: (a) the rules which may from time to time be
 established by the authority under subdivision five-a of section  twelve
 hundred four of this chapter; (b) article one hundred thirty-nine of the
 health  code  of the city of New York, as it may be amended from time to
 S. 8308--A                          6                         A. 8808--A
 
 time, relating to public transportation facilities; (c) article four  of
 the  noise  control  code  of the city of New York, as it may be amended
 from time to time, insofar as it pertains to sound reproduction devices;
 (d) the rules and regulations which may from time to time be established
 by  the  triborough  bridge  and tunnel authority in accordance with the
 provisions of section twenty-nine hundred eighty-five of  this  chapter;
 and (e) rules and regulations which may from time to time be established
 by  the metropolitan transportation authority or a subsidiary thereof in
 accordance with the provisions of section twelve  hundred  sixty-six  of
 this  chapter.  Matters  within  the  jurisdiction  of the bureau except
 violations of the rules and regulations of  the  triborough  bridge  and
 tunnel  authority shall be known for purposes of this section as transit
 OR RAILROAD  infractions,  AS  APPLICABLE.    Nothing  herein  shall  be
 construed  to divest jurisdiction from any court now having jurisdiction
 over any criminal charge or  traffic  infraction  relating  to  any  act
 committed  in  a transit or toll facility, or to impair the ability of a
 police officer to conduct a lawful search of a person in  a  transit  OR
 RAILROAD  facility.  The  criminal  court  of the city of New York shall
 continue to have  jurisdiction  over  any  criminal  charge  or  traffic
 infraction  brought  for  violation  of  the rules of the authority, the
 triborough bridge and tunnel authority or the  metropolitan  transporta-
 tion authority or a subsidiary thereof, as well as jurisdiction relating
 to  any  act which may constitute a crime or an offense under any law of
 the state of New York or any municipality or political subdivision ther-
 eof and which may also constitute a violation of such rules. The  bureau
 shall  have concurrent jurisdiction with the environmental control board
 and the administrative tribunal of the department  of  health  over  the
 aforesaid  provisions  of  the health code and noise control code of the
 city of New York.
   4. General powers. The bureau  shall  have  the  following  functions,
 powers and duties:
   a. To accept pleas (whether made in person or by mail) to, and to hear
 and  determine,  charges of transit AND RAILROAD infractions and allega-
 tions of civil liability pursuant to section two thousand  nine  hundred
 eighty-five of this chapter within its jurisdiction;
   b.  To  impose  civil  penalties  not  to  exceed a total of [one] TWO
 hundred [fifty] dollars for any transit OR  RAILROAD  infraction  within
 its  jurisdiction,  in accordance with a penalty schedule established by
 the authority or the metropolitan transportation authority or a  subsid-
 iary  thereof,  as  applicable[, except that] (EXCLUSIVE OF SUPPLEMENTAL
 PENALTIES, INTEREST OR COSTS ASSESSED THEREON). IF A  VIOLATION  OF  THE
 RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
 SUBSIDIARY  RELATING TO THE PAYMENT OF FARES IS THE FIRST SUCH VIOLATION
 BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN OFFICIAL WRITTEN
 WARNING ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF  THE  AUTHORITY
 OR  THE METROPOLITAN TRANSPORTATION AUTHORITY OR A SUBSIDIARY THEREOF IN
 ALL RESPECTS, PROVIDED THAT THE PURPOSE,  EFFECT  AND  DISSEMINATION  OF
 RECORDS  OF  SUCH  WARNINGS SHALL BE LIMITED AS SET FORTH IN SUBDIVISION
 FIVE-A OF SECTION TWELVE HUNDRED FOUR OF THIS TITLE AND SUBDIVISION FOUR
 OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE.  SUCH  SCHEDULE  OF
 PENALTIES  MAY PROVIDE FOR THE IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT
 TO EXCEED A TOTAL OF FIFTY DOLLARS FOR EACH VIOLATION, UPON THE  FAILURE
 OF  A  RESPONDENT  IN  ANY PROCEEDING COMMENCED WITH RESPECT TO ANY SUCH
 INFRACTION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH A
 NOTICE OF VIOLATION OF SUCH RULE OR TO ANY SUBSEQUENT  NOTICE  OR  ORDER
 ISSUED  BY THE AUTHORITY OR THE METROPOLITAN TRANSPORTATION AUTHORITY OR
 S. 8308--A                          7                         A. 8808--A
 
 A SUBSIDIARY THEREOF IN SUCH PROCEEDING. NOTWITHSTANDING THE  FOREGOING,
 penalties  for  violations  of  the  health code of the city of New York
 shall  be  in  accordance  with  the  penalties  established  for   such
 violations by the board of health of the city of New York, and penalties
 for  violations  of  the  noise code of the city of New York shall be in
 accordance with the penalties established for such  violations  by  law,
 and  civil  penalties for violations of the rules and regulations of the
 triborough bridge and tunnel authority shall be in accordance  with  the
 penalties established for such violations by section twenty-nine hundred
 eighty-five of this chapter;
   c.  In  its  sole  discretion,  to suspend or forgive penalties or any
 portion of penalties imposed on the condition that the respondent volun-
 tarily agrees to perform and actually does satisfactorily perform unpaid
 services on transit OR RAILROAD facilities as assigned by the authority,
 such as, without limitation, cleaning of rolling stock;
   d. To adopt, amend and rescind rules and regulations not  inconsistent
 with  any  applicable provision of law to carry out the purposes of this
 section, including but not limited to rules and regulations  prescribing
 the  internal  procedures and organization of the bureau, the manner and
 time of entering pleas, the conduct of  hearings,  and  the  amount  and
 manner of payment of penalties;
   e.  To enter judgments and enforce them, without court proceedings, in
 the same manner as the enforcement of money judgments in civil  actions,
 as provided below;
   f.  To  compile and maintain complete and accurate records relating to
 all WARNINGS, charges and dispositions, which records  shall  be  deemed
 exempt  from  disclosure under the freedom of information law as records
 compiled for law enforcement purposes, AND PROVIDED THAT, IN THE ABSENCE
 OF AN ADDITIONAL VIOLATION, RECORDS OF A WARNING ISSUED TO AN INDIVIDUAL
 AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION  SHALL  BE  SEALED  OR
 EXPUNGED  AS  OF  THE  DATE  THAT IS FIVE YEARS AFTER THE DATE THAT SUCH
 WARNING WAS ISSUED;
   g. To apply to a court of competent jurisdiction  for  enforcement  of
 any decision or order issued by such bureau or of any subpoena issued by
 a  hearing  officer  as  provided in paragraph d of subdivision seven of
 this section;
   h. To enter  into  contracts  with  other  government  agencies,  with
 private  organizations,  or  with individuals to undertake on its behalf
 such functions as data processing, debt collections, mailing, and gener-
 al administration, as the executive director deems  appropriate,  except
 that  the conduct by hearing officers of hearings and of appeals may not
 be performed by outside contractors;
   i. To accept payment of penalties and to remit same to  the  authority
 or the metropolitan transportation authority or a subsidiary thereof, as
 applicable; [and]
   j.  To adjudicate the liability of motor vehicle owners for violations
 of rules and regulations established in accordance with  the  provisions
 of section two thousand nine hundred eighty-five of this chapter[.];
   K.  IN  ITS  SOLE  DISCRETION,  TO FORGIVE PENALTIES OR ANY PORTION OF
 PENALTIES IMPOSED ON A RESPONDENT FOR A VIOLATION OF THE  RULES  OF  THE
 AUTHORITY  OR OF A METROPOLITAN TRANSPORTATION AUTHORITY BUS RELATING TO
 THE PAYMENT OF FARES ON THE CONDITION THAT THE RESPONDENT ENROLLS IN THE
 FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF  NEW  YORK  AND  PROVIDES
 PROOF OF SUCH ENROLLMENT; AND
   L. IN ITS SOLE DISCRETION, TO ISSUE A FARECARD TO A RESPONDENT FOR USE
 ON TRANSIT FACILITIES IN AN AMOUNT NOT TO EXCEED ONE-HALF OF THE PENALTY
 S. 8308--A                          8                         A. 8808--A
 
 AMOUNT  IF  THE PENALTY WAS IMPOSED ON THE RESPONDENT FOR A VIOLATION OF
 THE RULES OF THE AUTHORITY OR A  METROPOLITAN  TRANSPORTATION  AUTHORITY
 BUS  RELATING  TO  THE  PAYMENT OF FARES AND THE VIOLATION IS THE SECOND
 SUCH  VIOLATION  BY  THE  RESPONDENT, PROVIDED THAT THE RESPONDENT SHALL
 HAVE PAID THE PENALTY IN FULL BY THE DATE DUE FOR SUCH PAYMENT.
   5. Notices of violation.  The  bureau  shall  prepare  and  distribute
 notices of violation in blank to the transit police and any other person
 empowered  by  law,  rule and regulation to serve such notices. The form
 and wording of the notice of violation shall be prescribed by the execu-
 tive director, and it may be the same as any other notice  of  violation
 or summons form already in use if said form meets the requirements here-
 of. The notice of violation may include provisions to record information
 which  will  facilitate  the identification and location of respondents,
 including but not limited to name, address, telephone numbers,  date  of
 birth,  social  security  number if otherwise permitted by law, place of
 employment or school, and name and address of parents or guardian  if  a
 minor.  Notices  of  violation  shall  be issued only to persons who are
 sixteen years of age or over, and shall  be  served  by  delivering  the
 notice  within  the  state  to  the  person to be served. A copy of each
 notice of violation served hereunder shall be filed and retained by said
 bureau, and shall be deemed a record kept  in  the  ordinary  course  of
 business, and, if sworn to or affirmed, shall be prima facie evidence of
 the  facts  contained  therein.  Said  notice of violation shall contain
 information advising the person charged of the manner and the time with-
 in which such person may either admit or deny the offense charged in the
 notice. Such notice of violation shall also contain a warning to  advise
 the  person  charged  that failure to plead in the manner and within the
 time stated in the notice may result in a  default  decision  and  order
 being  entered  against  such person, and the imposition of supplemental
 penalties as provided in subdivision five-a of  section  twelve  hundred
 four  OR  SUBDIVISION  FOUR  OF SECTION TWELVE HUNDRED SIXTY-SIX of this
 chapter. A notice of violation shall not be deemed to  be  a  notice  of
 liability  issued  pursuant to section two thousand nine hundred eighty-
 five of this chapter.
   6. Defaults. Where a respondent has failed to plead  to  a  notice  of
 violation  or  to  a  notice of liability issued pursuant to section two
 thousand nine hundred  eighty-five  of  this  chapter  within  the  time
 allowed  by the rules of said bureau or has failed to appear on a desig-
 nated hearing date or a subsequent date following an  adjournment,  such
 failure  to  plead or appear shall be deemed, for all purposes, to be an
 admission of liability and shall be  grounds  for  rendering  a  default
 decision  and  order  imposing  a  penalty  in  such  amount  as  may be
 prescribed by the authority OR THE METROPOLITAN TRANSPORT AUTHORITY OR A
 SUBSIDIARY THEREOF.
   7. Hearings. a. (1) A  person  charged  with  a  transit  OR  RAILROAD
 infraction  returnable to the bureau or a person alleged to be liable in
 accordance with the provisions of  section  two  thousand  nine  hundred
 eighty-five  of  this  chapter  who  contests  such  allegation shall be
 advised of the date on or by which he or she must appear to  answer  the
 charge  at  a hearing.  Notification of such hearing date shall be given
 either in the notice of violation or in a form,  the  content  of  which
 shall  be prescribed by the executive director or in a manner prescribed
 in section two thousand nine hundred eighty-five of  this  chapter.  Any
 such  notification  shall contain a warning to advise the person charged
 that failure to appear on or by the date designated, or  any  subsequent
 rescheduled  or  adjourned  date,  shall  be deemed for all purposes, an
 S. 8308--A                          9                         A. 8808--A
 
 admission of liability, and that a default judgment may be rendered  and
 penalties may be imposed.  Where notification is given in a manner other
 than in the notice of violation, the bureau shall deliver such notice to
 the  person  charged,  either  personally  or by registered or certified
 mail.
   (2) Whenever a person charged with a transit OR RAILROAD infraction or
 alleged to be liable in accordance with the provisions  of  section  two
 thousand  nine  hundred  eighty-five  of  this chapter returnable to the
 bureau requests an alternate hearing date and is not then in default  as
 defined in subdivision six of this section, the bureau shall advise such
 person  personally, or by registered or certified mail, of the alternate
 hearing date on or by which he or she must appear to answer  the  charge
 or allegation at a hearing. The form and content of such notice of hear-
 ing  shall  be prescribed by the executive director, and shall contain a
 warning to advise the person charged or alleged to be liable that  fail-
 ure  to  appear  on  or by the alternate designated hearing date, or any
 subsequent rescheduled or  adjourned  date,  shall  be  deemed  for  all
 purposes  an  admission of liability, and that a default judgment may be
 rendered and penalties may be imposed.
   (3) Whenever a person charged with a transit OR RAILROAD infraction or
 alleged to be liable in accordance with the provisions  of  section  two
 thousand  nine  hundred  eighty-five  of  this chapter returnable to the
 bureau appears at a hearing and obtains an adjournment  of  the  hearing
 pursuant to the rules of the bureau, the bureau shall advise such person
 personally, or by registered or certified mail, of the adjourned date on
 which  he  or  she  must  appear to answer the charge or allegation at a
 continued hearing. The form and content of such notice  of  a  continued
 hearing shall be prescribed by the executive director, and shall contain
 a  warning  to  advise  the  person charged or alleged to be liable that
 failure to appear on the adjourned hearing date shall be deemed for  all
 purposes  an  admission of liability, and that a default judgment may be
 rendered and penalties may be imposed.
   b. Every hearing for the adjudication of a  charge  of  a  transit  OR
 RAILROAD  infraction  or  an  allegation  of liability under section two
 thousand nine hundred eighty-five of this  chapter  hereunder  shall  be
 held  before  a  hearing  officer in accordance with the rules and regu-
 lations promulgated by the bureau.
   c. The hearing officer shall not be bound by the rules of evidence  in
 the conduct of the hearing, except rules relating to privileged communi-
 cations.
   d.  The  hearing  officer  may,  in  his  or her discretion, or at the
 request of the person charged or alleged to be liable on  a  showing  of
 good  cause  and need therefor, issue subpoenas to compel the appearance
 of any person to give testimony, and  issue  subpoenas  duces  tecum  to
 compel  the  production for examination or introduction into evidence of
 any book, paper or other thing relevant to the charges.
   e. In the case of a refusal to obey a subpoena, the  bureau  may  make
 application  to  the  supreme  court  pursuant  to  section twenty-three
 hundred eight of the civil practice law and rules, for an order  requir-
 ing such appearance, testimony or production of materials.
   f.  The  bureau  shall  make  and  maintain a sound recording or other
 record of every hearing.
   g. After due consideration of the evidence and arguments, the  hearing
 officer  shall  determine  whether  the charges or allegations have been
 established. No charge may be established except upon proof by clear and
 convincing evidence except allegations of civil liability for violations
 S. 8308--A                         10                         A. 8808--A
 
 of triborough bridge and tunnel authority rules and regulations will  be
 established  in  accordance  with the provisions of section two thousand
 nine hundred eighty-five of this chapter. Where  the  charges  have  not
 been  established,  an order dismissing the charges or allegations shall
 be entered. Where a determination is made that a  charge  or  allegation
 has  been established or if an answer admitting the charge or allegation
 has been received, the hearing officer shall set a penalty in accordance
 with the penalty schedule established by the authority OR THE  METROPOL-
 ITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES, or for allegations of
 civil  liability  in accordance with the provisions of section two thou-
 sand nine hundred eighty-five of this chapter and an  appropriate  order
 shall  be  entered in the records of the bureau. The respondent shall be
 given notice of such entry in person or by certified  mail.  This  order
 shall constitute the final determination of the hearing officer, and for
 purposes  of  review  it shall be deemed to incorporate any intermediate
 determinations made by said officer in the  course  of  the  proceeding.
 When  no  appeal  is  filed  this  order shall be the final order of the
 bureau.
   10. Funds. All penalties collected pursuant to the provisions of  this
 section  shall be paid to the authority to the credit of a transit crime
 fund which the authority shall establish. Any sums in this fund shall be
 used to pay for programs selected  by  the  board  of  the  METROPOLITAN
 TRANSPORTATION  authority, in its discretion, to reduce the incidence of
 crimes and infractions on transit AND RAILROAD facilities, or to improve
 the enforcement of laws against such crimes and infractions. Such  funds
 shall  be  in addition to and not in substitution for any funds provided
 by the state or the city of New York for such purposes.
   § 3. Subdivision 4 of section 1266 of the public authorities  law,  as
 amended  by  chapter  460  of  the  laws  of 2015, is amended to read as
 follows:
   4. The authority may establish and,  in  the  case  of  joint  service
 arrangements,  join  with  others in the establishment of such schedules
 and standards of operations and such other rules and regulations includ-
 ing but not limited to rules and regulations governing the  conduct  and
 safety  of  the public as it may deem necessary, convenient or desirable
 for the use and operation of any  transportation  facility  and  related
 services  operated  by  the  authority or under contract, lease or other
 arrangement, including joint service arrangements, with  the  authority.
 Such  rules  and  regulations  governing  the  conduct and safety of the
 public shall be filed  with  the  department  of  state  in  the  manner
 provided by section one hundred two of the executive law. In the case of
 any  conflict  between  any  such  rule  or  regulation of the authority
 governing the conduct or the safety of the public  and  any  local  law,
 ordinance,  rule or regulation, such rule or regulation of the authority
 shall prevail. Violation of any such rule or regulation of the authority
 OR ANY OF ITS SUBSIDIARIES governing the conduct or the  safety  of  the
 public  in  or  upon any facility of the authority OR ANY OF ITS SUBSID-
 IARIES shall constitute an offense [and shall be] punishable by  a  fine
 not  exceeding  fifty  dollars  or imprisonment for not more than thirty
 days or both or may be punishable by the imposition of a  civil  penalty
 by   the   transit  adjudication  bureau  established  pursuant  to  the
 provisions of title nine of this article IN AN AMOUNT FOR EACH VIOLATION
 NOT TO EXCEED TWO HUNDRED DOLLARS (EXCLUSIVE OF SUPPLEMENTAL  PENALTIES,
 INTEREST  OR  COSTS  ASSESSED THEREON), IN ACCORDANCE WITH A SCHEDULE OF
 SUCH PENALTIES AS MAY FROM TIME TO TIME  BE ESTABLISHED BY RULES OF  THE
 AUTHORITY OR ITS SUBSIDIARIES.  IF A VIOLATION OF RULES OF THE AUTHORITY
 S. 8308--A                         11                         A. 8808--A
 
 OR  A  SUBSIDIARY  RELATING  TO  THE  PAYMENT OF FARES IS THE FIRST SUCH
 VIOLATION BY AN INDIVIDUAL, THE VIOLATION MAY BE PUNISHABLE BY AN  OFFI-
 CIAL  WRITTEN  WARNING  ISSUED ACCORDING TO AND GOVERNED BY THE RULES OF
 THE  AUTHORITY  OR  A  SUBSIDIARY  IN ALL RESPECTS, PROVIDED THAT SUCH A
 WARNING ISSUED TO AN INDIVIDUAL SHALL NOT BE USED FOR ANY PURPOSE  OTHER
 THAN AS A PREDICATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU
 OF  A  CIVIL  PENALTY ON SUCH INDIVIDUAL PURSUANT TO THIS SUBDIVISION IN
 THE EVENT OF A SUBSEQUENT VIOLATION.  SUCH  SCHEDULE  OF  PENALTIES  MAY
 PROVIDE  FOR  THE  IMPOSITION OF SUPPLEMENTAL PENALTIES, NOT TO EXCEED A
 TOTAL OF FIFTY DOLLARS  FOR  EACH  VIOLATION,  UPON  THE  FAILURE  OF  A
 RESPONDENT  IN  ANY  PROCEEDING  COMMENCED  WITH  RESPECT  TO  ANY  SUCH
 VIOLATION TO MAKE TIMELY RESPONSE TO OR APPEARANCE IN CONNECTION WITH  A
 NOTICE  OF  VIOLATION  OF SUCH RULE OR TO ANY SUBSEQUENT NOTICE OR ORDER
 ISSUED BY THE AUTHORITY OR A SUBSIDIARY IN SUCH PROCEEDING. THERE  SHALL
 BE  NO  PENALTY  OR INCREMENT IN FINE BY VIRTUE OF A RESPONDENT'S TIMELY
 EXERCISE OF THEIR RIGHT TO A HEARING OR APPEAL. THE RULES  MAY  PROVIDE,
 IN  ADDITION  TO  ANY  OTHER  SANCTIONS, FOR THE CONFISCATION OF TOKENS,
 TICKETS, CARDS OR OTHER FARE MEDIA THAT HAVE BEEN  FORGED,  COUNTERFEIT,
 IMPROPERLY  ALTERED OR TRANSFERRED, OR OTHERWISE USED IN A MANNER INCON-
 SISTENT WITH SUCH RULES.
   § 4. This act shall take effect immediately.
 
                                  PART C
 
   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 ENTER INTO OR REMAIN IN A  TOLLED  CENTRAL  BUSINESS
 DISTRICT  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 ENTRY INTO  OR
 REMAINING  IN  A  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 ENTER INTO 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. Subdivision 1 of section 402 of the vehicle and  traffic  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, 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 INTO 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  PLATES ARE COVERED BY GLASS OR ANY PLASTIC
 MATERIAL, OR 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. 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-TRANSMIT-
 TER 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,
 S. 8308--A                         12                         A. 8808--A
 
 "TOLLING AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH  OPERATES  A
 TOLL  HIGHWAY, BRIDGE AND/OR TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLL-
 ING 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 7 of section 402 of the vehicle and traffic  law,  as
 added by chapter 648 of the laws of 2006, is amended to read as follows:
   7.  It  shall  be  unlawful for any person, firm, partnership, associ-
 ation, limited liability company or corporation to sell, offer for  sale
 or distribute any:
   (A)  artificial  or synthetic material or substance for the purpose of
 application to a number plate that will, upon application  to  a  number
 plate, distort a recorded or photographic image of such number plate; OR
   (B)  PLATE  COVER, MATERIAL OR DEVICE THAT WILL, UPON INSTALLATION ON,
 NEAR OR AROUND A NUMBER PLATE, OBSTRUCT OR OBSCURE ALL OR  ANY  PART  OF
 THE IDENTIFICATION MATTER OF SUCH NUMBER PLATE.
   §  4.  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  para-
 graph  (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.
   A  POLICE OFFICER AS DEFINED IN SECTION ONE HUNDRED THIRTY-TWO OF THIS
 CHAPTER ISSUING A NOTICE OF VIOLATION PURSUANT TO THIS SECTION SHALL  BE
 AUTHORIZED  TO SEIZE AND CONFISCATE ANY COVERING AFFIXED OVER THE NUMBER
 PLATES WHICH OBSCURES THE ABILITY TO EASILY  READ  SUCH  NUMBER  PLATES,
 EXCEPT THAT IN THE EVENT OF SUCH SEIZURE AND CONFISCATION A VIOLATION OF
 PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE PUNISH-
 ABLE  BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND THE OWNER
 OF THE VEHICLE TO WHOM SUCH NUMBER PLATES WERE  ISSUED  SHALL  HAVE  ONE
 WEEK  FROM THE DATE SUCH VIOLATION IS ISSUED TO REMOVE, IF NOT DONE BY A
 POLICE OFFICER PURSUANT TO THIS SECTION,  ANY  ARTIFICIAL  OR  SYNTHETIC
 MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH NUMBER PLATES OR TO
 PURCHASE NEW NUMBER PLATES. WHERE A POLICE OFFICER SEIZES OR CONFISCATES
 A  COVERING  AFFIXED  TO A NUMBERED PLATE PURSUANT TO THIS SECTION, SUCH
 SEIZURE SHALL BE RECORDED ON THE NOTICE OF VIOLATION.
   § 5. 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 OTHER THAN A BONA FIDE PURCHAS-
 ER  OF  THE  VEHICLE  IN  AN  ARMS-LENGTH  TRANSACTION, AS DETERMINED IN
 ACCORDANCE WITH THE PROCEDURE BELOW,  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 MAY 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
 S. 8308--A                         13                         A. 8808--A
 
 THE  TOLLING  AUTHORITY  ADVISES, IN SUCH FORM AND MANNER AS THE COMMIS-
 SIONER 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 REGISTRA-
 TION,  REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE REGISTRA-
 TION 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,  REREGISTRA-
 TION,  RENEWAL,  REPLACEMENT  OR  TRANSFER OF REGISTRATION WILL HAVE THE
 EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH  VEHICLE  IDEN-
 TIFICATION 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 AUTHORI-
 TY.  A BONA FIDE PURCHASER IN AN ARMS-LENGTH TRANSACTION,  FOR  PURPOSES
 OF  THIS  PARAGRAPH,  IS A VEHICLE REGISTRATION APPLICANT WHO PROVIDES A
 COPY OF THE SIGNED BILL OF SALE OR OTHER SUCH CONTRACT DOCUMENT COVERING
 SUCH VEHICLE TO THE COMMISSIONER OR THE COMMISSIONER'S AGENT,  WITH  THE
 NAME AND ADDRESS OF THE SELLER AND PURCHASER, THE PURCHASE DATE, AND THE
 PURCHASE  PRICE, CLEARLY LEGIBLE.  WHERE THE VEHICLE REGISTRATION APPLI-
 CANT COMPLIES WITH THE PROVISIONS  OF  THIS  PARAGRAPH,  THAT  APPLICANT
 SHALL  BE  DEEMED  TO  BE  THE BONA FIDE PURCHASER OF SUCH VEHICLE IN AN
 ARMS-LENGTH TRANSACTION FOR PURPOSES OF THIS  PARAGRAPH,  WHICH  VEHICLE
 TRANSACTION  SHALL NOT BE SUBJECT TO THE DISCRETIONARY VEHICLE IDENTIFI-
 CATION NUMBER BLOCK AND DISCRETIONARY  REGISTRATION  APPLICATION  DENIAL
 OTHERWISE PROVIDED HEREIN.
   § 6. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 4-h to read as follows:
   4-H.  SUSPENSION  OF  REGISTRATION FOR FAILURE TO COMPLY WITH REMOVING
 ANY ARTIFICIAL OR SYNTHETIC  MATERIAL  OR  SUBSTANCE  THAT  CONCEALS  OR
 OBSCURES  NUMBER  PLATES  OR THE PURCHASE OF NEW NUMBER PLATES. UPON THE
 RECEIPT OF A NOTIFICATION FROM A COURT  OR  AN  ADMINISTRATIVE  TRIBUNAL
 THAT AN OWNER OF A MOTOR VEHICLE FAILED TO COMPLY WITH SUBDIVISION EIGHT
 OF  SECTION FOUR HUNDRED TWO OF THIS CHAPTER, THE COMMISSIONER OR HIS OR
 HER AGENT MAY SUSPEND THE REGISTRATION OF THE VEHICLE  INVOLVED  IN  THE
 VIOLATION  AND SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH TIME AS
 THE COMMISSIONER IS ADVISED THAT THE OWNER OF SUCH VEHICLE HAS SATISFIED
 THE REQUIREMENTS OF SUCH SUBDIVISION.
   § 7. Subdivision 8 of section 2985 of the public authorities  law,  as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   8.  Adjudication  of the liability imposed upon owners by this section
 shall be by the entity having jurisdiction over violations of the  rules
 and  regulations of the public authority serving the notice of liability
 or where authorized by an administrative  tribunal  and  all  violations
 shall  be  heard  and determined in the county in which the violation is
 alleged to have occurred, or in New York city and upon  the  consent  of
 both  parties,  in  any  county within New York city in which the public
 authority operates or maintains a facility, and in the  same  manner  as
 charges  of  other  regulatory  violations  of  such public authority or
 pursuant to the rules and regulations of such administrative tribunal as
 the case may be.  A PUBLIC AUTHORITY WITH BRIDGES, TUNNELS  OR  HIGHWAYS
 UNDER  ITS  JURISDICTION  SHALL  HAVE  THE  POWER TO ENTER JUDGMENTS FOR
 S. 8308--A                         14                         A. 8808--A

 UNPAID LIABILITIES FOR A VIOLATION OF TOLL  COLLECTION  REGULATIONS  AND
 ENFORCE SUCH JUDGMENTS, WITHOUT COURT PROCEEDINGS, IN THE SAME MANNER AS
 THE  ENFORCEMENT  OF  MONEY  JUDGMENTS  IN CIVIL ACTIONS IN ANY COURT OF
 COMPETENT  JURISDICTION  OR  ANY  OTHER  PLACE PROVIDED FOR THE ENTRY OF
 CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK.
   § 8. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made on or before such date.
 
                                  PART D
 
   Section 1. 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, IN CONNECTION WITH ANY ELIGIBILITY PROCESS  FOR
 OR  USE  OF  TOLL  CREDITS,  DISCOUNTS, OR EXEMPTIONS, KNOWINGLY MAKES A
 FALSE STATEMENT OR FALSIFIES OR PERMITS TO BE FALSIFIED  ANY  RECORD  OR
 RECORDS FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR
 EXEMPTION  FROM  A  CENTRAL BUSINESS DISTRICT TOLL, SHALL BE GUILTY OF A
 CLASS A MISDEMEANOR.
   (B) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
 RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
 NESS DISTRICT TOLLS WITH A TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS
 SHALL BE GUILTY OF A CLASS E FELONY.
   (C) ANY PERSON WHO VIOLATES PARAGRAPH (A) OF THIS SUBDIVISION AND AS A
 RESULT RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM CENTRAL BUSI-
 NESS DISTRICT TOLLS WITH A TOTAL  VALUE  IN  EXCESS  OF  THREE  THOUSAND
 DOLLARS SHALL BE GUILTY OF A CLASS D FELONY.
   §  2.  The  public  authorities law is amended by adding a new section
 553-1 to read as follows:
   § 553-L. FRAUDULENTLY OBTAINING CREDIT, DISCOUNT, OR EXEMPTION FROM  A
 TOLL.  1.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY PERSON
 WHO, IN CONNECTION WITH ANY ELIGIBILITY PROCESS FOR OR USE OF TOLL CRED-
 ITS, DISCOUNTS, OR EXEMPTIONS, KNOWINGLY  MAKES  A  FALSE  STATEMENT  OR
 FALSIFIES  OR  PERMITS  TO  BE  FALSIFIED  ANY RECORD OR RECORDS FOR THE
 PURPOSE OF FRAUDULENTLY OBTAINING A CREDIT, DISCOUNT, OR EXEMPTION  FROM
 A  TOLL  CHARGED  BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL BE
 GUILTY OF A CLASS A MISDEMEANOR.
   2. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND,  AS  A
 RESULT, RECEIVES CREDITS, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH A
 TOTAL VALUE IN EXCESS OF ONE THOUSAND DOLLARS SHALL BE GUILTY OF A CLASS
 E FELONY.
   3.  ANY  PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION AND, AS A
 RESULT, RECEIVES CREDIT, DISCOUNTS, AND/OR EXEMPTIONS FROM TOLLS WITH  A
 TOTAL  VALUE  IN  EXCESS  OF THREE THOUSAND DOLLARS SHALL BE GUILTY OF A
 CLASS D FELONY.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.
 
                                  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
 S. 8308--A                         15                         A. 8808--A
 
 section  1  of  part  E of chapter 58 of the laws of 2022, 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 .......................        [55.27]  54.05
 Rensselaer ...................        [22.96]  22.45
 Saratoga .....................         [4.04]  3.95
 Schenectady ..................        [16.26]  15.90
 Montgomery ...................         [1.47]  1.44
 WARREN .......................          2.21
 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-
 S. 8308--A                         16                         A. 8808--A
 
   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
 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
 S. 8308--A                         17                         A. 8808--A
 
 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-
 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
 S. 8308--A                         18                         A. 8808--A
 
 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, 2024.
 
                                  PART F
 
   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 1 of part O of chapter 58 of the  laws  of  2022,  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,  [2024]  2026;  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 G
 
   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 P of chapter 58 of the laws of 2022, 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,
 [2024] 2026; 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, [2024] 2026.
   § 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 P of chapter 58 of the laws of
 2022, 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, [2024] 2026.
   § 3. This act shall take effect immediately.
 
                                  PART H
 
   Section  1.  Subdivision 1 of section 312-a of the vehicle and traffic
 law, as amended by chapter 781 of the laws of 1983, is amended  to  read
 as follows:
 S. 8308--A                         19                         A. 8808--A
 
   1.  Upon issuance of an owner's policy of liability insurance or other
 financial security required by this  chapter,  an  insurer  shall  issue
 proof of insurance in accordance with the regulations promulgated by the
 commissioner  [pursuant  to  paragraph (b) of subdivision two of section
 three hundred thirteen of this article].
   §  2.   The vehicle and traffic law is amended by adding a new section
 312-b to read as follows:
   § 312-B.  ONLINE INSURANCE VERIFICATION SYSTEM OF MOTOR VEHICLE INSUR-
 ANCE. 1. THE COMMISSIONER MAY ESTABLISH A SYSTEM FOR THE ONLINE  VERIFI-
 CATION  OF  INSURANCE.    INFORMATION  AVAILABLE IN THE ONLINE INSURANCE
 VERIFICATION SYSTEM SHALL BE PROVIDED BY MOTOR VEHICLE INSURERS PURSUANT
 TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER, IF HE  OR  SHE
 DETERMINES  ESTABLISHMENT  OF  SUCH SYSTEM WOULD FURTHER THE PURPOSES OF
 THIS ARTICLE AS SET FORTH IN SUBDIVISION TWO OF  SECTION  THREE  HUNDRED
 TEN OF THIS ARTICLE.
   2.  THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL INCLUDE, AT A MINI-
 MUM, THE ABILITY TO:
   (A) SEND REQUESTS TO INSURERS FOR VERIFICATION OF EVIDENCE  OF  INSUR-
 ANCE VIA WEB SERVICES, THROUGH THE INTERNET, OR A SIMILAR PROPRIETARY OR
 COMMON  CARRIER  ELECTRONIC  SYSTEM,  AS  WELL  AS RECEIVE FROM INSURERS
 VERIFICATION OF EVIDENCE OF INSURANCE IN A FORM AND MANNER AS DETERMINED
 BY THE COMMISSIONER;
   (B) INCLUDE APPROPRIATE PROVISIONS TO SECURE DATA AGAINST UNAUTHORIZED
 ACCESS;
   (C) BE UTILIZED FOR VERIFICATION OF THE EVIDENCE OF MANDATORY  LIABIL-
 ITY  INSURANCE COVERAGE AS PRESCRIBED BY THE LAWS OF THE STATE AND SHALL
 BE ACCESSIBLE TO AUTHORIZED PERSONNEL OF THE DEPARTMENT, THE COURTS, LAW
 ENFORCEMENT AND OTHER ENTITIES AUTHORIZED BY THE STATE AS  PERMITTED  BY
 ANY STATE OR FEDERAL PRIVACY LAWS, AND THE ONLINE INSURANCE VERIFICATION
 SYSTEM  SHALL  BE  INTERFACED,  WHEREVER  APPROPRIATE,  WITH EXISTING OR
 FUTURE STATE SYSTEMS, IN A FORM AND MANNER AS DETERMINED BY THE  COMMIS-
 SIONER;
   (D)  INCLUDE  INFORMATION  WHICH  SHALL  ENABLE THE DEPARTMENT TO MAKE
 INQUIRIES TO INSURERS FOR EVIDENCE OF INSURANCE INCLUDING BUT NOT LIMIT-
 ED TO VEHICLE IDENTIFICATION NUMBERS AND POLICY NUMBERS; AND
   (E) RESPOND TO EACH REQUEST FOR INSURANCE INFORMATION WITHIN AN AMOUNT
 OF TIME DETERMINED BY THE COMMISSIONER.
   THE ONLINE INSURANCE VERIFICATION SYSTEM SHALL BE CAPABLE OF  RESPOND-
 ING WITHIN THE TIME ESTABLISHED.
   3.   THE COMMISSIONER, IN CONJUNCTION WITH THE SUPERINTENDENT OF STATE
 POLICE AND LOCAL LAW ENFORCEMENT OFFICIALS, SHALL FORMULATE A  MEANS  TO
 ALLOW  THE  ONLINE INSURANCE VERIFICATION SYSTEM TO BE EASILY ACCESSIBLE
 TO ON-DUTY LAW ENFORCEMENT PERSONNEL IN THE PERFORMANCE OF  THEIR  OFFI-
 CIAL  DUTIES FOR THE PURPOSE OF VERIFYING WHETHER AN OPERATOR OF A MOTOR
 VEHICLE MAINTAINS PROPER INSURANCE COVERAGE AND TO  INCREASE  COMPLIANCE
 WITH  THE  MOTOR  VEHICLE FINANCIAL SECURITY LAWS UNDER THIS ARTICLE AND
 ARTICLE EIGHT OF THIS TITLE.
   4. NOTHING IN  THIS  SECTION  SHALL  PROHIBIT  THE  COMMISSIONER  FROM
 CONTRACTING WITH A PRIVATE SECTOR PROVIDER OR PROVIDERS TO IMPLEMENT THE
 REQUIREMENTS  OF THIS SECTION OR TO ASSIST IN ESTABLISHING AND MAINTAIN-
 ING SUCH SYSTEM IN THE STATE.
   5. IF IMPLEMENTED, THE  ONLINE  INSURANCE  VERIFICATION  SYSTEM  SHALL
 UNDERGO  AN  APPROPRIATE  TESTING  AND PILOT PERIOD OF NOT LESS THAN ONE
 YEAR, AFTER WHICH THE COMMISSIONER MAY CERTIFY THAT SUCH SYSTEM IS FULLY
 OPERATIONAL.
 S. 8308--A                         20                         A. 8808--A
 
   § 3. The vehicle and traffic law is amended by adding  a  new  section
 312-c to read as follows:
   §  312-C.  INSURER RESPONSIBILITIES FOR THE ONLINE INSURANCE VERIFICA-
 TION SYSTEM.  1. INSURERS SHALL PROVIDE ACCESS TO MOTOR  VEHICLE  INSUR-
 ANCE  POLICY  STATUS INFORMATION AS PROVIDED BY, AND CONSISTENT WITH ANY
 TIME FRAMES ESTABLISHED BY, ANY RULES AND REGULATIONS PROMULGATED BY THE
 COMMISSIONER.
   2. EVERY INSURER THAT IS LICENSED TO  ISSUE  MOTOR  VEHICLE  INSURANCE
 POLICIES  OR IS AUTHORIZED TO DO BUSINESS IN THE STATE SHALL COMPLY WITH
 THIS SECTION AND SECTION THREE HUNDRED  TWELVE-B  OF  THIS  ARTICLE  FOR
 VERIFICATION  OF EVIDENCE OF VEHICLE INSURANCE FOR EVERY VEHICLE INSURED
 BY THAT INSURER IN THE STATE AS REQUIRED BY THE  RULES  AND  REGULATIONS
 PROMULGATED BY THE COMMISSIONER.
   §  4.  Subdivision 2 and paragraphs (a), (b), (c), (d), (f), (g), (h),
 and (i) of subdivision 4 of section 313 of the vehicle and  traffic  law
 are REPEALED.
   §  5.  The  opening  paragraph  and  paragraph (e) of subdivision 4 of
 section 313 of the vehicle and traffic law, as amended by chapter 509 of
 the laws of 1998, are amended to read as follows:
   Notwithstanding any other provision of this article to  the  contrary,
 the  commissioner  shall establish a pilot program to maintain an up-to-
 date insured vehicle identification database to  assist  in  identifying
 uninsured  motor  vehicles.  Such  databases shall be implemented by the
 department pursuant to standards prescribed by the  commissioner  or  an
 agent  designated by the commissioner which shall seek technical assist-
 ance from affected insurers and the New York Automobile Insurance  Plan.
 This  program  shall  utilize all information collected pursuant to this
 section and shall also include the following elements:
   [(e)(1)] (A) Either simultaneously  or  after  the  up-dated  database
 system  has  been established, the commissioner shall develop a computer
 indicator that can be imprinted on a vehicle registration sticker or  on
 a  sticker  to be affixed to the insured's license plate. Such indicator
 system shall enable  law  enforcement  personnel  and  other  authorized
 persons when acting in the course of their official duties to access the
 department's database so that such persons can ascertain whether a vehi-
 cle is properly insured or not insured;
   [(2)]  (B)  Such  computer  indicator  system  shall enable authorized
 persons in the performance of their official duties to  access  informa-
 tion  such as the registrant's name, vehicle identification number, name
 of insurer, current status of insurance, vehicle registration number and
 other information that the commissioner deems necessary to implement the
 provisions of this section. The commissioner in developing such computer
 indicator system shall enable authorized persons in the  performance  of
 their  official duties to access only such information that is necessary
 to detect uninsured motor vehicles or  accomplish  other  goals  clearly
 established  and authorized by law. Such computer indicator system shall
 be designed to protect the personal privacy interests of motorists;
   § 6.  Subdivision 3 of section 313 of the vehicle and traffic law,  as
 amended  by  chapter  781  of  the  laws  of 1983, is amended to read as
 follows:
   3. A cancellation or termination for which notice is  required  to  be
 filed  with  the  commissioner  [pursuant  to  subdivision  two  of this
 section] shall not be effective with respect to persons other  than  the
 named  insured  and members of the insured's household until the insurer
 has filed a notice thereof with the commissioner or until another insur-
 ance policy covering the same risk has  been  procured,  except  that  a
 S. 8308--A                         21                         A. 8808--A
 
 notice  filed  with  the  commissioner,  in the format prescribed by the
 commissioner[, within the period prescribed in subdivision two  of  this
 section] shall be effective as of the date certified therein, regardless
 of  whether  a  suspension  order  is  issued  pursuant to section three
 hundred eighteen of this article. A receipt from the department  stating
 that  a  notice of termination has been filed shall be deemed conclusive
 evidence of such filing. An insurer shall cooperate with the commission-
 er in attempting to identify persons not in compliance with this article
 in cases where the information reported by the insurer does  not  corre-
 spond with records maintained by the department.
   § 7.  Paragraph (d) of subdivision 3 of section 317 of the vehicle and
 traffic law is REPEALED.
   §  8.    This  act  shall  take effect immediately; provided, however,
 sections one, four, six, and seven of this act shall take effect if  and
 when  the  online  insurance  verification system is installed and fully
 operational pursuant to subdivision 5 of section 312-b  of  the  vehicle
 and  traffic  law,  as added by section two of this act, as certified by
 the Commissioner of the Department of Motor Vehicles.   Effective  imme-
 diately, 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 date.
 
                                  PART I
 
   Section 1. Paragraphs 26 and 27 of subdivision (a) of section 1642  of
 the  vehicle  and traffic law, paragraph 26 as added and paragraph 27 as
 amended by chapter 248 of the laws of  2014,  are  amended  to  read  as
 follows:
   26.  (a) With respect to highways (which term for the purposes of this
 paragraph shall include private roads open to public motor vehicle traf-
 fic) in such city, other than state highways maintained by the state  on
 which  the department of transportation shall have established higher or
 lower speed limits than the statutory fifty-five miles  per  hour  speed
 limit as provided in section sixteen hundred twenty of this title, or on
 which  the  department of transportation shall have designated that such
 city shall not establish any maximum speed limit as provided in  section
 sixteen  hundred  twenty-four  of this title, subject to the limitations
 imposed by section sixteen hundred eighty-four of this title, establish-
 ment of maximum speed limits at which vehicles may proceed  within  such
 city  or  within  designated areas of such city higher or lower than the
 fifty-five miles per hour maximum statutory limit. No such  speed  limit
 applicable  throughout such city or within designated areas of such city
 shall be established at less than [twenty-five] TWENTY miles  per  hour,
 except  that  school  speed  limits  may  be established at no less than
 [fifteen]  TEN  miles  per  hour  [pursuant  to]   NOTWITHSTANDING   the
 provisions of section sixteen hundred forty-three of this article.
   (b)  A  city  shall not lower OR RAISE a speed limit by more than five
 miles per hour pursuant to this  paragraph  unless  such  city  provides
 written  notice  and an opportunity to comment to the community board or
 community boards established pursuant to section twenty-eight hundred of
 the New York city charter with jurisdiction over the area in  which  the
 lower  OR HIGHER speed limit shall apply. Such notice may be provided by
 electronic mail and shall be provided sixty days prior to the establish-
 ment of such lower OR HIGHER speed limit.
   27. (a) Establishment of  maximum  speed  limits  below  [twenty-five]
 TWENTY  miles  per  hour at which motor vehicles may proceed on or along
 S. 8308--A                         22                         A. 8808--A
 
 designated highways within such city for the explicit purpose of  imple-
 menting  traffic  calming  measures  as  such  term  is  defined herein;
 provided, however, that no speed limit shall be set below [fifteen]  TEN
 miles per hour nor shall such speed limit be established where the traf-
 fic  calming  measure  to  be  implemented  consists solely of a traffic
 control sign.  Establishment of such a speed limit shall, where applica-
 ble, be in compliance with the provisions of  sections  sixteen  hundred
 twenty-four  and  sixteen  hundred  eighty-four of this [chapter] TITLE.
 Nothing contained herein shall be deemed to alter or affect  the  estab-
 lishment  of  school  speed limits pursuant to the provisions of section
 sixteen hundred forty-three of this article, PROVIDED  THAT  THE  SCHOOL
 SPEED  LIMIT SET FORTH IN PARAGRAPH TWENTY-SIX OF THIS SUBDIVISION SHALL
 APPLY IN ANY CITY TO WHICH THIS SECTION IS APPLICABLE. For the  purposes
 of  this  paragraph,  "traffic calming measures" shall mean any physical
 engineering measure or measures that  reduce  the  negative  effects  of
 motor  vehicle  use,  alter  driver  behavior and improve conditions for
 non-motorized street users such as pedestrians and bicyclists.
   (b) Any city establishing maximum  speed  limits  below  [twenty-five]
 TWENTY  miles per hour pursuant to clause (i) of this subparagraph shall
 submit a report to the governor, the temporary president of  the  senate
 and  the  speaker of the assembly on or before March first, two thousand
 fifteen and biannually thereafter on the results of using traffic  calm-
 ing  measures and speed limits lower than [twenty-five] TWENTY miles per
 hour as authorized by this paragraph. This report  shall  also  be  made
 available  to  the public by such city on its website. Such report shall
 include, but not be limited to the following:
   (i) a description of the designated  highways  where  traffic  calming
 measures and a lower speed limit were established [and];
   (ii)  a  description of the specific traffic calming measures used and
 the maximum speed limit established; and
   (iii) a comparison of the aggregate  type,  number,  and  severity  of
 accidents reported on streets on which street calming measures and lower
 speed  limits  were implemented in the year preceding the implementation
 of such measures and policies and the year following the  implementation
 of  such  measures and policies, to the extent this information is main-
 tained by any agency of the state or the city.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
   Section 1. Section 3 of part FF of chapter 55 of  the  laws  of  2017,
 relating  to motor vehicles equipped with autonomous vehicle technology,
 as amended by section 1 of part J of chapter 58 of the laws of 2023,  is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section  one  of  this  act shall expire and be deemed repealed April 1,
 [2024] 2026.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART K
 
   Section    1. Short title. This act shall be known and may be cited as
 the "stretch limousine passenger safety act".
 S. 8308--A                         23                         A. 8808--A
 
   § 2. Subdivision 9 of  section  138  of  the  transportation  law,  as
 amended  by  chapter  12  of  the  laws  of  2020, is amended to read as
 follows:
   9.  To maintain and annually update its website to provide information
 with regard to each bus operator or motor  carrier  under  subparagraphs
 (ii)  and  (vi) of paragraph a of subdivision two of section one hundred
 forty of this article  requiring  department  operating  authority  that
 includes   the  bus  operator's  or  motor  carrier's  name,  number  of
 inspections, number of out of service  orders,  operator  identification
 number,  location  and  region  of operation including place of address,
 percentile to which an operator or motor carrier falls with  respect  to
 out  of  service  defects,  the  number  or percentage of out of service
 defects where pursuant to the commissioner's regulations  no  inspection
 certificate  shall  be  issued until the defect is repaired and a re-in-
 spection is conducted, and the number  of  serious  physical  injury  or
 fatal crashes involving a for-hire vehicle requiring operating authority
 pursuant to this article, AND ANY ADDITIONAL PUBLICLY AVAILABLE INFORMA-
 TION  PROVIDED  IN  ACCORDANCE  WITH THE SAFETY FITNESS STANDARDS ESTAB-
 LISHED PURSUANT TO PART THREE HUNDRED EIGHTY-FIVE OF TITLE FORTY-NINE OF
 THE CODE OF FEDERAL REGULATIONS.
   § 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of  section
 138  of  the  transportation  law,  as added by chapter 5 of the laws of
 2020, is amended to read as follows:
   (iii) In consultation and cooperation with the commissioner  of  motor
 vehicles,  the  commissioner  shall  report on safety issues reported to
 such website, and toll-free hotline and related investigations summariz-
 ing (A) the total number of safety issue reports received and  the  type
 of  safety issues reported; (B) the total number of safety issue reports
 received and the type of safety issues reported where  the  commissioner
 or  the  commissioner  of  motor  vehicles,  as applicable, verified the
 information provided; (C) enforcement actions and other responses  taken
 by  the  commissioner or the commissioner of motor vehicles, as applica-
 ble, to safety issue reports received  where  the  commissioner  or  the
 commissioner  of motor vehicles, as applicable, has verified such infor-
 mation; and (D) the length of time between the receipt of  safety  issue
 reports  from  such  website, or hotline and enforcement action or other
 response by the commissioner or the commissioner of motor  vehicles,  as
 applicable.  Such report shall be made publicly available on the depart-
 ment's website in a searchable format, [and] shall be published no  less
 than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
 DATA  TO  THE EXTENT APPLICABLE. Such report may also be included within
 the department's annual report submitted pursuant to  subdivision  thir-
 teen of section fourteen of this chapter.
   §  4.   Paragraph b of subdivision 9 of section 140 of the transporta-
 tion law, as amended by chapter 9 of the laws of  2020,  is  amended  to
 read as follows:
   b.  (i)  Whenever  [an altered motor vehicle commonly referred to as a
 "stretch limousine"] ONE OF THE MOTOR VEHICLES ENUMERATED IN PARAGRAPH A
 OF SUBDIVISION TWO OF THIS SECTION has failed  an  inspection  and  been
 placed  out-of-service,  the commissioner may direct a police officer or
 his or her agent to immediately secure possession of the  number  plates
 of  such  vehicle and return the same to the commissioner of motor vehi-
 cles. The commissioner shall notify the commissioner of  motor  vehicles
 to  that  effect, and the commissioner of motor vehicles shall thereupon
 suspend the registration of such vehicle until such time as the  commis-
 sioner  gives  notice  that the out-of-service defect has been satisfac-
 S. 8308--A                         24                         A. 8808--A
 
 torily adjusted. Provided, however, that  the  commissioner  shall  give
 notice  and  an opportunity to be heard within not more than thirty days
 of the suspension. Failure of the holder or  of  any  person  possessing
 such  plates  to  deliver  to  the  commissioner or his or her agent who
 requests the same pursuant to this paragraph shall be a misdemeanor. The
 commissioner of motor vehicles shall have the authority to deny a regis-
 tration or renewal application to any other person for the same  vehicle
 where  it  has been determined that such registrant's intent has been to
 evade the purposes of this paragraph and where the commissioner of motor
 vehicles has reasonable grounds to believe  that  such  registration  or
 renewal  will  have  the  effect of defeating the purposes of this para-
 graph. The procedure on any such suspension shall be the same as in  the
 case  of  a  suspension under the vehicle and traffic law.  Operation of
 such motor vehicle while under suspension as provided in  this  subdivi-
 sion shall constitute a class A misdemeanor AND SHALL BE PUNISHABLE BY A
 FINE OF NOT LESS THAN TEN THOUSAND DOLLARS AND ASSESSED TO THE HOLDER OR
 OF  ANY  PERSON  POSSESSING  SUCH  PLATES FOR EACH OFFENSE COMMITTED, IN
 ADDITION TO ANY OTHER FINES, PENALTIES OR ACTIONS TAKEN WITH RESPECT  TO
 SUCH CONDUCT.
   (ii)  (a)  Upon  the seizure of number plates pursuant to subparagraph
 (i) of this paragraph, if the out-of-service defect is of a  type  where
 pursuant  to  the  commissioner's  regulations no inspection certificate
 will be issued until the defect  is  repaired  and  a  re-inspection  is
 conducted,  or  is  related to its horn, and the commissioner determines
 that allowing the [altered] motor vehicle to leave the  inspection  area
 would  be contrary to public safety, the commissioner may: (A) remove or
 arrange for the removal of, or may direct any police officer  to  remove
 or  arrange  for  the  removal of, the [altered] motor vehicle to a non-
 public garage or other place of safety where it shall remain  impounded,
 subject  to the provisions of this section; or (B) immobilize or arrange
 for the immobilization of the [altered] motor vehicle on premises  owned
 or  under  the  control  of  the  owner of such [altered] motor vehicle,
 subject to the provisions of this section. The [altered]  motor  vehicle
 shall  be entered into the New York statewide police information network
 as an impounded  or  immobilized  vehicle  and  the  commissioner  shall
 promptly  notify  the  owner  that  the [altered] motor vehicle has been
 impounded or immobilized and the reason or reasons for such  impoundment
 or immobilization, and give such owner an opportunity to be heard within
 not more than thirty days of the suspension imposed pursuant to subpara-
 graph (i) of this paragraph.
   (b) A motor vehicle so impounded or immobilized shall be in the custo-
 dy of the commissioner and shall not be released unless the commissioner
 is  satisfied that repairs have been scheduled or been made to satisfac-
 torily adjust such vehicle's out-of-service defect or defects  and  such
 vehicle has been re-inspected.
   (c)  The  commissioner  shall  provide  written notice to the owner or
 operator of the service repair shop or impoundment  lot  informing  them
 that  such  impounded  vehicle shall not be released without the written
 approval of the commissioner. Release of such impounded vehicle  without
 approval  by the commissioner shall be punishable by a fine of up to ten
 thousand dollars[;].
   § 5. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 55 to read as follows:
    55.  STRETCH LIMOUSINE ANTI-INTRUSION PROTECTION.  (A) EVERY  STRETCH
 LIMOUSINE  REGISTERED  IN  THIS  STATE  SHALL BE EQUIPPED WITH ROLL-OVER
 PROTECTION DEVICES SUCH AS CAGES OR PILLARS AND ANTI-INTRUSION BARS  FOR
 S. 8308--A                         25                         A. 8808--A
 
 THE  PURPOSE  OF PROTECTING REAR COMPARTMENT PASSENGERS, WITHIN NO LATER
 THAN ONE YEAR OF THE DATE UPON WHICH THE NATIONAL HIGHWAY TRAFFIC SAFETY
 ADMINISTRATION PROMULGATES FINAL REGULATIONS ESTABLISHING STANDARDS  FOR
 COMMERCIAL ROLL-OVER PROTECTION DEVICES.
   (B)  FOR  THE  PURPOSES  OF THIS SUBDIVISION "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.
   §  6. Subdivision 2 of section 152 of the transportation law, as added
 by chapter 635 of the laws of 1983, is amended to read as follows:
   2. (A) No person or persons shall engage in intrastate  transportation
 as  a  contract carrier of passengers by motor vehicle on any highway in
 this state, or hold themselves out by advertising or any other means  to
 provide  such  transportation,  unless there is in force with respect to
 such person or persons a permit issued by the commissioner.
   (B) NO SUCH PERMIT SHALL BE ISSUED BY THE  COMMISSIONER  TO  ANY  SUCH
 PERSON  OR  PERSONS  WHO  OPERATE ONE OR MORE STRETCH LIMOUSINES WITHOUT
 VERIFICATION THAT EACH AND EVERY STRETCH LIMOUSINE IS  EQUIPPED  WITH  A
 WINDOW  BREAK  TOOL,  AN OPERATIONAL FIRE EXTINGUISHER, AND SHALL ENSURE
 THAT THE DRIVER AND PASSENGER  PARTITIONS  CAN  BE  USED  FOR  EMERGENCY
 VEHICULAR  EGRESS  IF  OTHER FORMS OF EGRESS ARE NOT AVAILABLE SUCH AS A
 ROOF HATCH.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE  HAVING  A
 SEATING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS, INCLUDING THE DRIVER,
 COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED  IN  THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
   (II)  "WINDOW  BREAK  TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
 THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN  EMERGENCY,  WHICH
 CAN BE SAFELY STORED WHEN NOT IN USE.
   § 7. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 56 to read as follows:
   56.  STRETCH  LIMOUSINE  AGE  AND  MILEAGE PARAMETERS. (A) IT SHALL BE
 UNLAWFUL TO OPERATE OR CAUSE TO BE OPERATED A STRETCH  LIMOUSINE  REGIS-
 TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
 MOTOR  VEHICLE  TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD OR THE
 CUMULATIVE MILEAGE REGISTERED ON THE VEHICLE'S  ODOMETER  EXCEEDS  THREE
 HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "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.
   (C) (I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS FROM
 THE  NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
 HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
 AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE  AN  INACCURATE
 ODOMETER  READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
 IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
 THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH. A MOTOR CARRIER MAY  SEEK  REVIEW  OF  THE  DETERMINATION  TO
 ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
 PORTATION LAW AND 17 NYCRR PARTS 500 AND 720.
   (II)  THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
 THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH  LIMOUSINE
 S. 8308--A                         26                         A. 8808--A
 
 INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
 ER  OF  TRANSPORTATION  OR  DIVISION  OF STATE POLICE, WHICHEVER IS MORE
 RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
 ED MONTHLY MILEAGE.
   (III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
 A  STRETCH  LIMOUSINE  MAY NOT BE INTRODUCED TO TRANSPORT PASSENGERS FOR
 COMPENSATION OR CONTINUE TRANSPORTING PASSENGERS FOR COMPENSATION  IF  A
 RELIABLE BASELINE ODOMETER READING CANNOT BE ASCERTAINED.
   (IV)  A  MOTOR  CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
 THAT THE ODOMETER READING OF A LIMOUSINE  DIFFERS  FROM  THE  NUMBER  OF
 MILES  THE  STRETCH  LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
 STATUS TO THE COMMISSIONER OR THE  DEPARTMENT  OF  TRANSPORTATION  IMME-
 DIATELY.
   § 8. Section 509-g of the vehicle and traffic law is amended by adding
 a new subdivision 7 to read as follows:
   7.  IN  ADDITION TO ANY OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
 THE COMMISSIONER REQUIRES THE PROVISION OF LIVE IN-PERSON PRE-TRIP SAFE-
 TY BRIEFINGS, ALL MOTOR CARRIERS SHALL REGULARLY REQUIRE EACH DRIVER WHO
 OPERATES ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH  LIMOU-
 SINES"  TO  DEMONSTRATE  THEIR  PROFICIENCY IN PROVIDING PRE-TRIP SAFETY
 BRIEFINGS REQUIRED PURSUANT TO SUBDIVISION NINE OF SECTION FIVE  HUNDRED
 NINE-M OF THIS ARTICLE.
   § 9. Section 509-m of the vehicle and traffic law is amended by adding
 a new subdivision 9 to read as follows:
   9.  (A)  ESTABLISH AND REGULARLY UPDATE THE FORM AND CONTENT OF A PRE-
 TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT OPERATE ALTERED MOTOR VEHI-
 CLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES", WHICH OPERATORS SHALL
 PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING ANY PERSONS FOR HIRE IN SUCH
 STRETCH LIMOUSINE.
   (B) THE COMMISSIONER SHALL COORDINATE WITH THE DEPARTMENT OF TRANSPOR-
 TATION AND THE DIVISION OF  STATE  POLICE  IN  PREPARING  THE  FORM  AND
 CONTENT  OF  SUCH SAFETY BRIEFING, AND MAY ENGAGE ADDITIONAL ENTITIES OR
 INDIVIDUALS HE OR SHE DEEMS APPROPRIATE.
   § 10. Section 401 of the vehicle and traffic law is amended by  adding
 a new subdivision 24 to read as follows:
   24.  FOR  THE  PURPOSES  OF THIS SECTION, AN ALTERED VEHICLE, COMMONLY
 REFERRED TO AS "STRETCH LIMOUSINES", SHALL MEAN A MOTOR VEHICLE THAT HAS
 BEEN ALTERED SO AS TO HAVE AN EXTENDED CHASSIS, A LENGTHENED  WHEELBASE,
 OR  AN  ELONGATED  SEATING  AREA.  REGISTRATION PLATES FOR SUCH VEHICLES
 SHALL BE OF A TYPE AND DESIGN APPROVED BY THE COMMISSIONER.
   § 11. The vehicle and traffic law is amended by adding a  new  section
 397-d to read as follows:
   §  397-D.  FOR-HIRE  REBUTTABLE  PRESUMPTION. FOR THE PURPOSES OF THIS
 TITLE AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THERE SHALL  BE  A
 REBUTTABLE PRESUMPTION THAT ANY ALTERED VEHICLE, COMMONLY REFERRED TO AS
 A  "STRETCH LIMOUSINE", AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
 FOUR HUNDRED ONE OF THIS CHAPTER, ANY LIMOUSINE, OR  ANY  MOTOR  VEHICLE
 THAT  IS  CAPABLE  OF  SEATING NINE OR MORE PERSONS INCLUDING THE DRIVER
 WHEN IN USE UPON A PUBLIC HIGHWAY, PRIVATE ROAD  OPEN  TO  PUBLIC  MOTOR
 VEHICLE  TRAFFIC,  OR  ANY  PARKING LOT, IS BEING OPERATED IN A FOR-HIRE
 CAPACITY.
   § 12. The vehicle and  traffic  law  is  amended  by  adding  two  new
 sections 115-e and 115-f to read as follows:
   § 115-E. FOR-HIRE. THE BUSINESS OF CARRYING OR TRANSPORTING PASSENGERS
 FOR  DIRECT  OR  INDIRECT  COMPENSATION, EXCEPT THAT SUCH TERM SHALL NOT
 APPLY TO ARTICLE FORTY-FOUR-B OF THIS CHAPTER.
 S. 8308--A                         27                         A. 8808--A
 
   § 115-F. FOR-HIRE VEHICLE. A MOTOR VEHICLE USED  IN  THE  BUSINESS  OF
 CARRYING OR TRANSPORTING PASSENGERS FOR DIRECT OR INDIRECT COMPENSATION,
 EXCEPT  THAT  SUCH  TERM SHALL NOT APPLY TO ARTICLE FORTY-FOUR-B OF THIS
 CHAPTER.
   §  13.  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.
   § 14. This act  shall  take  effect  immediately;  provided,  however,
 sections  two,  three, four, eight, nine, eleven, and twelve of this act
 shall take effect one year after it shall have become  a  law;  provided
 further,  however,  sections seven and ten of this act shall take effect
 two years after it shall have become a law; provided  further,  however,
 section  six  of this act shall take effect on the one hundred eightieth
 day after it shall have become a law; provided  further,  however,  that
 sections  four, five and six of 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 compe-
 tent jurisdiction finally determines that this act would render New York
 state out of compliance with federal law or  regulation;  provided  that
 the commissioner of motor vehicles or the commissioner of transportation
 shall  notify  the  legislative bill drafting commission upon the occur-
 rence of any federal agency determining 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
 in  order that the commission may maintain an accurate and timely effec-
 tive 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  regu-
 lation  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 L
 
   Section 1.  Chapter 882 of the laws of  1953  relating  to  waterfront
 employment and air freight industry regulation is REPEALED.
   § 2. The executive law is amended by adding a new article 19-I to read
 as follows:
                                ARTICLE 19-I
                         WATERFRONT COMMISSION ACT
 SECTION 534. SHORT TITLE.
         534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
         534-B. DEFINITIONS.
         534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
         534-D. GENERAL POWERS OF THE COMMISSION.
         534-E. DESIGNATION AS AGENT OF THE STATE.
         534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
         534-G. STEVEDORES.
 S. 8308--A                         28                         A. 8808--A
 
         534-H. PROHIBITION OF PUBLIC LOADING.
         534-I. LONGSHOREMEN'S REGISTER.
         534-J.  LIST  OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECK-
                    ERS.
         534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT.
         534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
                    THE LONGSHOREMEN'S REGISTER; EXCEPTIONS.
         534-M. PORT WATCHMEN.
         534-N. HEARINGS, DETERMINATIONS AND REVIEW.
         534-O. EMPLOYMENT INFORMATION CENTERS.
         534-P. IMPLEMENTATION OF TELECOMMUNICATIONS  HIRING  SYSTEM  FOR
                    LONGSHOREMEN AND CHECKERS; REGISTRATION OF TELECOMMU-
                    NICATIONS SYSTEM CONTROLLER.
         534-Q. CONSTRUCTION OF ACT.
         534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
                    HOLDING  OF  UNION  POSITION  BY  OFFICERS, AGENTS OR
                    EMPLOYEES WHO HAVE BEEN CONVICTED OF  CERTAIN  CRIMES
                    AND OFFENSES.
         534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
         534-T. DENIAL OF APPLICATIONS.
         534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
         534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
         534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
         534-X. PAYMENT OF ASSESSMENT.
         534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
   § 534. SHORT  TITLE.  THIS  ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "WATERFRONT COMMISSION ACT".
   § 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE  STATE  OF  NEW
 YORK HEREBY FINDS AND DECLARES THAT:
   (A)  IN 1953, THE CONDITIONS UNDER WHICH WATERFRONT LABOR WAS EMPLOYED
 WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING  AND  DEGRADING  TO
 SUCH  LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
 THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY  OF  EMPLOYMENT,
 CORRUPT  HIRING  PRACTICES  AND  THE  FACT  THAT PERSONS CONDUCTING SUCH
 HIRING WERE FREQUENTLY CRIMINALS  AND  PERSONS  NOTORIOUSLY  LACKING  IN
 MORAL  CHARACTER  AND INTEGRITY AND NEITHER RESPONSIVE OR RESPONSIBLE TO
 THE EMPLOYERS NOR TO THE UNCOERCED WILL OF THE MAJORITY OF  THE  MEMBERS
 OF THE LABOR ORGANIZATIONS OF THE EMPLOYEES; THAT AS A RESULT WATERFRONT
 LABORERS  SUFFERED FROM IRREGULARITY OF EMPLOYMENT, FEAR AND INSECURITY,
 INADEQUATE EARNINGS, AN UNDULY HIGH ACCIDENT RATE, SUBJECTION TO BORROW-
 ING AT USURIOUS RATES OF INTEREST, EXPLOITATION  AND  EXTORTION  AS  THE
 PRICE OF SECURING EMPLOYMENT AND A LOSS OF RESPECT FOR THE LAW; THAT NOT
 ONLY  DID  THERE  RESULT  A  DESTRUCTION  OF THE DIGNITY OF AN IMPORTANT
 SEGMENT OF AMERICAN LABOR, BUT A DIRECT  ENCOURAGEMENT  OF  CRIME  WHICH
 IMPOSED A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL AND OTHER NECES-
 SARIES HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT.
   (B)  MANY  OF  THESE  EVILS  RESULTED  NOT  ONLY FROM THE CAUSES ABOVE
 DESCRIBED BUT FROM THE PRACTICES OF PUBLIC LOADERS AT  PIERS  AND  OTHER
 WATERFRONT  TERMINALS.  SUCH  PUBLIC  LOADERS  SERVED  NO VALID ECONOMIC
 PURPOSE AND OPERATED AS PARASITES EXACTING A HIGH AND  UNWARRANTED  TOLL
 ON  THE  FLOW  OF COMMERCE IN AND THROUGH THE PORT OF NEW YORK DISTRICT,
 AND USED FORCE AND ENGAGED  IN  DISCRIMINATORY  AND  COERCIVE  PRACTICES
 INCLUDING  EXTORTION  AGAINST  PERSONS  NOT DESIRING TO EMPLOY THEM. THE
 STATES OF NEW YORK AND NEW JERSEY FOUND THAT THE FUNCTION OF LOADING AND
 UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND  OTHER  WATERFRONT
 TERMINALS  SHOULD  BE  PERFORMED, AS IN EVERY OTHER MAJOR AMERICAN PORT,
 S. 8308--A                         29                         A. 8808--A
 
 WITHOUT THE EVILS AND ABUSES OF THE PUBLIC LOADER  SYSTEM,  AND  BY  THE
 CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
 OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
 VEHICLES.
   (C)  MANY  OF THE ABOVE DESCRIBED EVILS ALSO RESULTED FROM THE LACK OF
 REGULATION OF THE OCCUPATION OF STEVEDORES, WHO ENGAGED IN CORRUPT PRAC-
 TICES TO INDUCE THEIR HIRE BY CARRIERS OF FREIGHT BY WATER AND TO INDUCE
 OFFICERS AND REPRESENTATIVES OF  LABOR  ORGANIZATIONS  TO  BETRAY  THEIR
 TRUST TO THE MEMBERS OF SUCH LABOR ORGANIZATIONS.
   (D)  THE  METHOD  OF  EMPLOYMENT  OF  LONGSHOREMEN  AND PORT WATCHMEN,
 COMMONLY KNOWN AS THE "SHAPE-UP",  RESULTED  IN  VICIOUS  AND  NOTORIOUS
 ABUSES,  OF  WHICH  SUCH EMPLOYEES WERE THE PRINCIPAL VICTIMS. THERE WAS
 COMPELLING EVIDENCE THAT THE SHAPE-UP PERMITTED AND ENCOURAGED EXTORTION
 FROM EMPLOYEES AS THE PRICE OF  SECURING  OR  RETAINING  EMPLOYMENT  AND
 SUBJECTED  SUCH  EMPLOYEES  TO THREATS OF VIOLENCE, UNWILLING JOINDER IN
 UNAUTHORIZED LABOR DISTURBANCES AND CRIMINAL ACTIVITIES  ON  THE  WATER-
 FRONT.  THE SHAPE-UP RESULTED IN A LOSS OF FUNDAMENTAL RIGHTS AND LIBER-
 TIES OF LABOR, IMPAIRED THE ECONOMIC STABILITY OF THE PORT OF  NEW  YORK
 DISTRICT  AND  WEAKENED  LAW ENFORCEMENT THEREIN. THE STATES OF NEW YORK
 AND NEW JERSEY FOUND THAT THESE PRACTICES AND CONDITIONS MUST BE  ELIMI-
 NATED  TO PREVENT GRAVE INJURY TO THE WELFARE OF WATERFRONT LABORERS AND
 OF THE PEOPLE AT LARGE AND THAT THE ELIMINATION OF THE SHAPE-UP AND  THE
 ESTABLISHMENT  OF A SYSTEM OF EMPLOYMENT INFORMATION CENTERS WERE NECES-
 SARY TO A SOLUTION FOR THESE PUBLIC PROBLEMS.
   (E) THE TWO STATES FOUND THAT THE OCCUPATIONS OF LONGSHOREMEN,  STEVE-
 DORES,  PIER  SUPERINTENDENTS,  HIRING  AGENTS  AND  PORT  WATCHMEN WERE
 AFFECTED WITH A PUBLIC INTEREST REQUIRING THEIR REGULATION AND THAT SUCH
 REGULATION WAS DEEMED AN EXERCISE OF THE POLICE POWER OF THE TWO  STATES
 FOR  THE  PROTECTION  OF THE PUBLIC SAFETY, WELFARE, PROSPERITY, HEALTH,
 PEACE AND LIVING CONDITIONS OF THE PEOPLE OF THE TWO STATES. THE  WATER-
 FRONT  COMMISSION  OF NEW YORK HARBOR ("BI-STATE COMMISSION") WAS FORMED
 THROUGH A CONGRESSIONALLY APPROVED COMPACT TO INVESTIGATE, DETER, COMBAT
 AND REMEDY CRIMINAL ACTIVITY AND INFLUENCE IN THE  PORT  AND  TO  ENSURE
 FAIR  HIRING  AND EMPLOYMENT PRACTICES SO THAT THE PORT AND REGION COULD
 GROW AND PROSPER.
   (F) THE BI-STATE COMMISSION WORKED TO BREAK THE CYCLE OF CORRUPTION AT
 THE PORT, AND EFFECTUATED TRANSFORMATIVE CHANGES ON THE WATERFRONT.  ITS
 EFFORTS  LED TO THE CONVICTION OF ORGANIZED-CRIME MEMBERS AND ASSOCIATES
 FOR MURDER, EXTORTION, DRUG TRAFFICKING,  THEFT,  RACKETEERING,  ILLEGAL
 GAMBLING,  AND  LOANSHARKING,  AMONG  OTHER CRIMES. IN RECENT YEARS, ITS
 INVESTIGATIONS LED TO PROSECUTIONS OF UNION OFFICIALS AND MEMBERS OF THE
 TRADITIONAL ORGANIZED CRIME FAMILIES WHICH HAVE BEEN FOUND TO CONTROL OR
 EXERT SIGNIFICANT INFLUENCE OVER THE UNION OF DOCKWORKERS AND COMMERCIAL
 ACTIVITY ON THE WATERFRONT.  THE  BI-STATE  COMMISSION'S  INVESTIGATIONS
 ALSO LED TO THE EXCLUSION OR REMOVAL FROM THE PORT WORKFORCE OF INDIVID-
 UALS WHO WERE CONVICTED OF SERIOUS CRIMES OR WERE ASSOCIATED WITH ORGAN-
 IZED CRIME. IT WORKED TO OVERCOME DISCRIMINATION AND OTHER UNFAIR HIRING
 PRACTICES  AND CONTINUED TO EXTIRPATE CORRUPTION AND RACKETEERING IN THE
 PORT OF NEW  YORK  DISTRICT  UNTIL  NEW  JERSEY'S  WITHDRAWAL  FROM  THE
 BI-STATE  COMPACT  PURSUANT  TO  CHAPTER  324 OF THE LAWS OF 2017 OF THE
 STATE OF NEW JERSEY.
   (G) ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST  TRADITIONAL  ORGANIZED
 CRIME  INFLUENCE  HAVE BEEN SUCCESSFUL, SUCH INFLUENCE REMAINS A SIGNIF-
 ICANT THREAT IN THE NEW YORK  METROPOLITAN  AREA,  PARTICULARLY  IN  THE
 PORT. CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE FAIR AND NONDISCRIMINA-
 TORY  HIRING PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMI-
 S. 8308--A                         30                         A. 8808--A
 
 ZATION OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND  TO  PREVENT
 ORGANIZED  CRIME  FIGURES FROM DIRECTLY OPERATING AT THE CRITICAL POINTS
 OF INTERSTATE AND INTERNATIONAL SHIPPING.
   § 534-B. DEFINITIONS.  AS  USED IN THIS ARTICLE, ALL REFERENCES TO THE
 MASCULINE GENDER SHALL BE DEEMED TO INCLUDE ALL GENDERS.  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACT"  SHALL  MEAN  THIS ARTICLE AND RULES OR REGULATIONS LAWFULLY
 PROMULGATED THEREUNDER AND SHALL INCLUDE ANY AMENDMENTS  OR  SUPPLEMENTS
 TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
   2.  "BI-STATE  COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION OF NEW
 YORK HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L.  1953,
 C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
 TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
   3.  "CARRIER  OF  FREIGHT  BY  WATER" SHALL MEAN ANY PERSON WHO MAY BE
 ENGAGED OR WHO MAY HOLD ONESELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
 A COMMON CARRIER,  AS  A  CONTRACT  CARRIER  OR  OTHERWISE  (EXCEPT  FOR
 CARRIAGE  OF  LIQUID  CARGOES  IN  BULK IN TANK VESSELS DESIGNED FOR USE
 EXCLUSIVELY IN SUCH  SERVICE  OR  CARRIAGE  BY  BARGE  OF  BULK  CARGOES
 CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
 OR  CONTAINERS  AND DELIVERED BY THE CARRIER WITHOUT TRANSPORTATION MARK
 OR COUNT) IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT  IN  THE
 PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
   4.  "CONTAINER"  SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR CRATE WHICH
 IS SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT  MAY  BE  REPEATEDLY
 USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
   5.  "CHECKER"  SHALL  MEAN A LONGSHOREMAN WHO IS EMPLOYED TO ENGAGE IN
 DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE  CUSTODIAL
 ACCOUNTING  THEREFOR  OR  IN  THE  RECORDING  OR TABULATION OF THE HOURS
 WORKED AT  PIERS  OR  OTHER  WATERFRONT  TERMINALS  BY NATURAL   PERSONS
 EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
   6.  "COMMISSION"  SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
 LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
   7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED  IN
 AN  OCCUPATIONAL  MANNER  OR  CONTEXT  FOR  THE PURPOSE OF ECONOMIC GAIN
 UTILIZING SUCH METHODS AS ARE DEEMED  CRIMINAL  VIOLATIONS  AGAINST  THE
 PUBLIC POLICY OF THE STATE OF NEW YORK.
   8.  "CAREER  OFFENDER  CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
 ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED  TO  AS  AN
 ORGANIZED CRIME GROUP.
   9.  "COURT  OF  THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
 SECTION FOUR HUNDRED FIFTY-ONE  OF  TITLE  TWENTY-EIGHT  OF  THE  UNITED
 STATES  CODE  AND  THE  COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
 STATES.
   10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL  BE,  CARRIED
 BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
   11.  "HIRING  AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
 CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR  ANY  OTHER  PERSON  SHALL
 SELECT ANY LONGSHOREMAN FOR EMPLOYMENT.
   12.  "LONGSHOREMAN"  SHALL  MEAN:  (A)  A NATURAL PERSON, OTHER THAN A
 HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A  PIER  OR  OTHER  WATERFRONT
 TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
   (1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
 PIERS OR AT OTHER WATERFRONT TERMINALS; OR
   (2)  ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
 THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR  TABULATION  OF
 S. 8308--A                         31                         A. 8808--A
 
 THE  HOURS  WORKED  AT  PIERS  OR  OTHER WATERFRONT TERMINALS BY NATURAL
 PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
   (3)  SUPERVISE  DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED AS IN
 SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
   (4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
 WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON  PIERS  OR  AT  OTHER
 WATERFRONT  TERMINALS,  INCLUDING,  BUT NOT LIMITED TO, CARGO REPAIRMEN,
 COOPERS, GENERAL MAINTENANCE MEN, MECHANICAL AND MISCELLANEOUS  WORKERS,
 HORSE AND CATTLE FITTERS, GRAIN CEILERS AND MARINE CARPENTERS; OR
   (B)  A  NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
 WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
   (1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER  OR
 RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
 WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
 OTHER WATERFRONT TERMINAL; OR
   (2)  PERFORM  LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
 MENT OF FREIGHT AT A  WATERFRONT  TERMINAL  AS  DEFINED  IN  SUBDIVISION
 FIFTEEN OF THIS SECTION.
   13.  "LONGSHOREMEN'S  REGISTER"  SHALL  MEAN  THE REGISTER OF ELIGIBLE
 LONGSHOREMEN COMPILED AND  MAINTAINED  BY  THE  COMMISSION  PURSUANT  TO
 SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
   14.  "MARINE  TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
 IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING  OR  PACKING
 OF  WATERBORNE  FREIGHT  OR  FREIGHT  TO  OR FROM SUCH PIERS, AND WHICH,
 INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
   15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
   (A) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A  PIER)  WHICH
 IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
 OR SUBSTANTIAL PART; OR
   (B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
 ER  ENCLOSED  OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN THE PORT
 OF NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY  ANY
 PERSON  TO  PERFORM  LABOR  OR SERVICES INVOLVING, OR INCIDENTAL TO, THE
 MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
   16. "PERSON" SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO  ANY  PART-
 NERSHIP,  JOINT  VENTURE,  ASSOCIATION,  CORPORATION  OR ANY OTHER LEGAL
 ENTITY BUT SHALL NOT INCLUDE THE UNITED STATES, ANY STATE  OR  TERRITORY
 THEREOF  OR  ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF
 ONE OR MORE OF THE FOREGOING.
   17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
   18. "PIER SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER  THAN  A
 LONGSHOREMAN  WHO  IS  EMPLOYED  FOR  WORK AT A PIER OR OTHER WATERFRONT
 TERMINAL BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE  WORK
 AT  SUCH  PIER  OR  OTHER  WATERFRONT TERMINAL INCLUDES THE SUPERVISION,
 DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHOREMEN.
   19. "PORT OF NEW YORK DISTRICT" SHALL MEAN  THE  DISTRICT  CREATED  BY
 ARTICLE  II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED TWEN-
 TY-ONE, BETWEEN THE STATES OF NEW YORK AND  NEW  JERSEY,  AUTHORIZED  BY
 CHAPTER  ONE  HUNDRED  FIFTY-FOUR  OF  THE  LAWS OF NEW YORK OF NINETEEN
 HUNDRED TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF  NEW
 JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
   20.  "PORT  WATCHMAN"  SHALL INCLUDE ANY WATCHMAN, GATEMAN, ROUNDSMAN,
 DETECTIVE, GUARD, GUARDIAN OR PROTECTOR  OF  PROPERTY  EMPLOYED  BY  THE
 OPERATOR  OF  ANY  PIER  OR OTHER WATERFRONT TERMINAL OR BY A CARRIER OF
 S. 8308--A                         32                         A. 8808--A
 
 FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY  ON  ANY  PIER  OR
 OTHER WATERFRONT TERMINAL.
   21.  THE  TERM  "SELECT  ANY LONGSHOREMAN FOR EMPLOYMENT" IN THE DEFI-
 NITION OF A HIRING AGENT IN THIS  SECTION SHALL INCLUDE SELECTION  OF  A
 PERSON  FOR  THE  COMMENCEMENT  OR CONTINUATION OF EMPLOYMENT AS A LONG-
 SHOREMAN, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHOREMAN.
   22. "STEVEDORE" SHALL MEAN:
   (A) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR  COMPENSATION
 PURSUANT  TO  A  CONTRACT  OR  ARRANGEMENT  WITH A CARRIER OF FREIGHT BY
 WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
 SUCH CARRIER ON VESSELS OF SUCH CARRIER BERTHED AT PIERS,  ON  PIERS  AT
 WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
   (B)  A  CONTRACTOR  ENGAGED FOR COMPENSATION PURSUANT TO A CONTRACT OR
 ARRANGEMENT WITH THE UNITED STATES, ANY STATE OR TERRITORY  THEREOF,  OR
 ANY  DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR MORE
 OF THE FOREGOING, IN MOVING FREIGHT CARRIED OR  CONSIGNED  FOR  CARRIAGE
 BETWEEN  ANY  POINT IN THE PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE
 SAID DISTRICT ON VESSELS OF SUCH A PUBLIC AGENCY BERTHED  AT  PIERS,  ON
 PIERS  AT  WHICH  SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMI-
 NALS; OR
   (C) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR  COMPENSATION
 PURSUANT  TO  A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO PERFORM LABOR
 OR SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON  VESSELS
 BERTHED  AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS, INCLUDING,
 BUT NOT LIMITED TO, CARGO STORAGE, CARGO REPAIRING,  COOPERING,  GENERAL
 MAINTENANCE,   MECHANICAL  AND  MISCELLANEOUS  WORK,  HORSE  AND  CATTLE
 FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
   (D) A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR  COMPENSATION
 PURSUANT  TO  A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON TO PERFORM
 LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT  OF  FREIGHT
 INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
 CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
 OTHER WATERFRONT TERMINALS.
   23.  "TERRORIST  GROUP"  SHALL  MEAN A GROUP ASSOCIATED, AFFILIATED OR
 FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
 SECRETARY OF STATE IN ACCORDANCE WITH SECTION TWO  HUNDRED  NINETEEN  OF
 THE  IMMIGRATION  AND  NATIONALITY ACT, AS AMENDED FROM TIME TO TIME, OR
 ANY OTHER ORGANIZATION WHICH  ASSISTS,  FUNDS  OR  ENGAGES  IN  ACTS  OF
 TERRORISM  AS  DEFINED IN THE LAWS OF THE UNITED STATES, OR OF THE STATE
 OF NEW YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE  OF  SECTION
 490.05 OF THE PENAL LAW.
   24.  "WATERBORNE  FREIGHT"  SHALL MEAN FREIGHT CARRIED BY OR CONSIGNED
 FOR CARRIAGE BY CARRIERS OF FREIGHT BY WATER,  AND  SHALL  ALSO  INCLUDE
 FREIGHT  DESCRIBED  IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND (D) OF
 SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHIPS' STORES,  BAGGAGE  AND
 MAIL  CARRIED  BY  OR  CONSIGNED  FOR CARRIAGE BY CARRIERS OF FREIGHT BY
 WATER.
   25. "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN  ANY
 INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
 PURSUANT  TO  THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR OF THIS
 ARTICLE.
   § 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
 BY CREATED THE NEW YORK WATERFRONT COMMISSION, WHICH  SHALL  BE  IN  THE
 EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
 FACILITIES,  RESOURCES  AND  DATA  OF  ANY  DEPARTMENT, DIVISION, BOARD,
 BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
 S. 8308--A                         33                         A. 8808--A
 
 TICAL SUBDIVISION THEREOF AS IT MAY  REASONABLY  REQUEST  TO  CARRY  OUT
 PROPERLY ITS POWERS AND DUTIES.
   2.  THE  COMMISSION SHALL CONSIST OF THE COMMISSIONER APPOINTED BY THE
 GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE,  AND  SHALL  RECEIVE
 COMPENSATION  TO  BE  FIXED  BY  THE GOVERNOR OF THIS STATE. THE TERM OF
 OFFICE OF SUCH COMMISSIONER SHALL BE FOR THREE YEARS; PROVIDED, HOWEVER,
 THAT A COMMISSIONER SERVING ON THE BI-STATE COMMISSION AT  THE  TIME  OF
 ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE WHO
 WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS
 ACTING  COMMISSIONER  OF  THE  NEW YORK WATERFRONT COMMISSION UNTIL SUCH
 TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
 CONSENT OF THE SENATE, PURSUANT  TO  THIS  SUBDIVISION.  A  COMMISSIONER
 SHALL HOLD OFFICE UNTIL THAT COMMISSIONER'S SUCCESSOR HAS BEEN APPOINTED
 AND  QUALIFIED.  VACANCIES  IN OFFICE SHALL BE FILLED FOR THE BALANCE OF
 THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
   3. A COMMISSIONER MAY, BY WRITTEN INSTRUMENT FILED IN  THE  OFFICE  OF
 THE  COMMISSION,  DESIGNATE ANY OFFICER OR EMPLOYEE OF THE COMMISSION TO
 ACT IN THAT COMMISSIONER'S PLACE. A VACANCY IN THE OFFICE OF  A  COMMIS-
 SIONER  SHALL  NOT  IMPAIR SUCH DESIGNATION UNTIL THE VACANCY SHALL HAVE
 BEEN FILLED.
   § 534-D. GENERAL POWERS OF THE COMMISSION. IN ADDITION TO  THE  POWERS
 AND  DUTIES  ELSEWHERE  PRESCRIBED HEREIN, THE COMMISSION SHALL HAVE THE
 POWER:
   1. TO SUE AND BE SUED.
   2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
   3. TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY BY GIFT,
 PURCHASE, LEASE, LICENSE OR OTHER  SIMILAR  MANNER,  FOR  ITS  CORPORATE
 PURPOSES.
   4.  TO  DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
 NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT  AND  MAINTENANCE  OF  THE
 EMPLOYMENT  INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
 FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES  FOR  THE  COMMIS-
 SION.
   5. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
   6. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
 SION  MAY  DEEM  NECESSARY  TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
 PREVENT THE CIRCUMVENTION OR EVASION  THEREOF.  AS  USED  IN  THIS  ACT,
 "REGULATIONS"  INCLUDE  THOSE  RULES  AND  REGULATIONS  OF  THE BI-STATE
 COMMISSION WHICH SHALL CONTINUE IN EFFECT AS THE RULES  AND  REGULATIONS
 OF  THE  COMMISSION  UNTIL  AMENDED,  SUPPLEMENTED,  OR RESCINDED BY THE
 COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.    PREVI-
 OUSLY  PROMULGATED  REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS
 ACT SHALL BE DEEMED VOID.
   7. TO APPOINT SUCH OFFICERS, AGENTS  AND  EMPLOYEES  AS  IT  MAY  DEEM
 NECESSARY,  PRESCRIBE  THEIR  POWERS,  DUTIES AND QUALIFICATIONS AND FIX
 THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
 ON A CONTRACT BASIS OR OTHERWISE.
   8. BY ITS COMMISSIONER AND ITS PROPERLY  DESIGNATED  OFFICERS,  AGENTS
 AND  EMPLOYEES,  TO  ADMINISTER  OATHS AND ISSUE SUBPOENAS TO COMPEL THE
 ATTENDANCE OF WITNESSES AND THE GIVING OF TESTIMONY AND  THE  PRODUCTION
 OF OTHER EVIDENCE.
   9.  TO HAVE FOR ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS,
 AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND  EGRESS  TO  AND
 FROM  ALL  VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
 IN THE PORT OF NEW YORK DISTRICT IN THIS  STATE,  FOR  THE  PURPOSES  OF
 MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
 S. 8308--A                         34                         A. 8808--A

 SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
 CER,  EMPLOYEE  OR  AGENT  IN  THE  MAKING OF SUCH INSPECTION, OR IN THE
 ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE  OF  ANY
 OTHER POWER OR DUTY UNDER THIS ACT.
   10.  TO  RECOVER POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
 UNDER THIS ACT.
   11. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION CONCERNING
 WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK  DISTRICT  IN
 THIS  STATE  AND  UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
 OBJECTIVES OF THIS ACT.
   12. TO ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR  AND  INDUSTRY
 AND  WITH  PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH THE EFFECTUATION
 OF THE PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE  COMMISSION  MAY
 DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
 REGULATIONS,   THE   ADMINISTRATION  OF  THE  ACT,  MAINTENANCE  OF  THE
 LONGSHOREMEN'S REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
   13. TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR  AND  LEGISLATURE
 CONTAINING  RECOMMENDATIONS  FOR  THE  IMPROVEMENT  OF THE CONDITIONS OF
 WATERFRONT LABOR WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, FOR
 THE ALLEVIATION OF THE EVILS DESCRIBED IN SECTION FIVE  HUNDRED  THIRTY-
 FOUR-A  OF THIS ARTICLE AND FOR THE EFFECTUATION OF THE PURPOSES OF THIS
 ACT.
   14. TO COOPERATE WITH  AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,
 BUREAU,  BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY OR
 MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
 LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
 DEPARTMENT, DIVISION, BUREAU, BOARD, COMMISSION,  OR  AGENCY,  WITH  THE
 CONSENT  THEREOF,  TO  EXECUTE  SUCH OF ITS FUNCTIONS AND POWERS, AS THE
 PUBLIC INTEREST MAY REQUIRE.
   15. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY  EXERCISE  THE
 POWERS  AND  DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
 REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  OFFICERS,
 EMPLOYEES  AND  AGENTS  OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
 APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
   16. TO ISSUE TEMPORARY  PERMITS  AND  PERMIT  TEMPORARY  REGISTRATIONS
 UNDER  SUCH  TERMS  AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
 SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN  EXCESS
 OF SIX MONTHS.
   17.  TO  REQUIRE  ANY  APPLICANT  FOR A LICENSE OR REGISTRATION OR ANY
 PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS  THE  COMMIS-
 SION  MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
 OR REGISTRATION SHOULD BE GRANTED.
   18. IN ANY CASE IN WHICH THE COMMISSION HAS THE  POWER  TO  REVOKE  OR
 SUSPEND  ANY  STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
 TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
 WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION  IN  LIEU  OF  THE
 REVOCATION  OR  SUSPENSION.  THE  MAXIMUM PENALTY SHALL BE FIVE THOUSAND
 DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY,  FOR  GOOD  CAUSE
 SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
   19.  TO  DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
 BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
 POLICE OFFICER OF THE STATE OF NEW YORK.
   20. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
 SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
   21. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A  LONGSHOREMAN,  ANY
 APPLICANT  FOR  REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGISTRA-
 S. 8308--A                         35                         A. 8808--A
 
 TION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND  ANY  PERSON  WHO  IS
 SPONSORED  FOR  A  LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
 PERSON WHO IS AN INDIVIDUAL OWNER  OF  AN  APPLICANT  STEVEDORE  OR  ANY
 PERSONS  WHO  ARE  INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
 OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE  OF  ANY
 OF  THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
 LICENSE AS A PORT WATCHMAN OR ANY OTHER CATEGORY OF APPLICANT FOR REGIS-
 TRATION OR LICENSING WITHIN THE COMMISSION'S JURISDICTION TO BE  FINGER-
 PRINTED BY THE COMMISSION AT THE COST AND EXPENSE OF THE APPLICANT.
   22.  TO  EXCHANGE  FINGERPRINT  DATA  WITH  AND RECEIVE STATE CRIMINAL
 HISTORY  RECORD  INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
 AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
 BY THIS ACT.
   23.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, TO
 REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
 FINGERPRINTED AND TO EXCHANGE FINGERPRINT DATA WITH  AND  RECEIVE  STATE
 CRIMINAL  HISTORY  RECORD  INFORMATION  FROM  THE  DIVISION  OF CRIMINAL
 JUSTICE SERVICES AND  FEDERAL  CRIMINAL  HISTORY  INFORMATION  FROM  THE
 FEDERAL  BUREAU  OF  INVESTIGATION FOR USE IN THE HIRING OR RETENTION OF
 SUCH PERSON.
   24. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
 JERSEY, TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE  PURPOSES
 OF THIS ACT, AND TO ENTER INTO RECIPROCAL AGREEMENTS FOR THE ACCOMPLISH-
 MENT OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING OBJEC-
 TIVES:
   (A)  TO GIVE RECIPROCAL EFFECT TO ANY REVOCATION, SUSPENSION OR REPRI-
 MAND WITH RESPECT TO ANY LICENSEE, AND ANY REPRIMAND OR REMOVAL  FROM  A
 LONGSHOREMEN'S REGISTER;
   (B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
 EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
 LICENSEE  OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
 WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR  DISCIPLINARY
 ACTION IN BOTH STATES; AND
   (C)  TO  PROVIDE  THAT  LONGSHOREMEN  REGISTERED  IN EITHER STATE, WHO
 PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT  INFORMATION  CENTER
 WITHIN  THE  OTHER  STATE,  SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
 HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
   § 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
 BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
 PROVIDED BY THE ACT OF CONGRESS OF THE  UNITED  STATES,  EFFECTIVE  JUNE
 SIXTH,  ONE  THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
 PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT  SYSTEM  AND  FOR
 CO-OPERATION  WITH  THE  STATES  IN THE PROMOTION OF SUCH SYSTEM AND FOR
 OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH  BENEFITS
 OF  SUCH  ACT  OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
 LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS  AUTHORIZED  BY
 SECTION ONE OF THIS ACT.
   2.  THE  COMMISSION  SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
 APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES,  TO
 TAKE  SUCH  STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
 (INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
 MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO  OBTAIN  SUCH  BENEFITS
 FOR  THE  OPERATIONS  OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
 THIS ACT.
 S. 8308--A                         36                         A. 8808--A
 
   3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
 OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS  AUTHORIZED
 AND  EMPOWERED,  UPON  THE  REQUEST OF THE COMMISSION AND SUBJECT TO ITS
 DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE  COMMIS-
 SION BY THE PROVISIONS OF THIS SECTION.
   § 534-F. PIER  SUPERINTENDENTS  AND  HIRING AGENTS. 1. NO PERSON SHALL
 ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE  WITHOUT  FIRST  HAVING  OBTAINED  FROM  THE
 COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
 AS  SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
 PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT  AS  A  PIER  SUPER-
 INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
   2.  A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
 ISSUED ONLY UPON THE WRITTEN APPLICATION,  UNDER  OATH,  OF  THE  PERSON
 PROPOSING  TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
 INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE  LICENSEE  AS  TO
 THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
   (A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
   (B)  THE  FULL  NAME,  RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
 DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
   (C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE  LICENSEE,
 INCLUDING  THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
 PERSON'S EMPLOYERS;
   (D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  COMMIS-
 SION  TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
 TIVE LICENSEE; AND
   (E) THAT IF A LICENSE IS  ISSUED  TO  THE  PROSPECTIVE  LICENSEE,  THE
 APPLICANT  WILL  EMPLOY  SUCH  LICENSEE AS PIER SUPERINTENDENT OR HIRING
 AGENT, AS THE CASE MAY BE.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A) UNLESS THE COMMISSION SHALL  BE  SATISFIED  THAT  THE  PROSPECTIVE
 LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B)  IF  THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT PARDON, BEEN
 CONVICTED BY A COURT OF THE UNITED STATES, OR  ANY  STATE  OR  TERRITORY
 THEREOF,  OF  THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT,
 TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
 SONMENT FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING  MISDEMEA-
 NORS  OR  OFFENSES:  ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL OR
 OTHER DANGEROUS WEAPON;  MAKING  OR  POSSESSING  BURGLAR'S  INSTRUMENTS;
 BUYING  OR  RECEIVING  STOLEN  PROPERTY;  UNLAWFUL  ENTRY OF A BUILDING;
 AIDING AN ESCAPE FROM PRISON;  UNLAWFULLY  POSSESSING,  POSSESSING  WITH
 INTENT  TO  DISTRIBUTE,  SALE  OR DISTRIBUTION OF A CONTROLLED DANGEROUS
 SUBSTANCE (CONTROLLED SUBSTANCE) OR  A  CONTROLLED  DANGEROUS  SUBSTANCE
 ANALOG; AND VIOLATION OF THIS ACT.  ANY SUCH PROSPECTIVE LICENSEE INELI-
 GIBLE  FOR  A LICENSE BY REASON OF ANY SUCH CONVICTION MAY SUBMIT SATIS-
 FACTORY EVIDENCE TO THE COMMISSION THAT SUCH PERSON HAS FOR A PERIOD  OF
 NOT  LESS  THAN  FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED, AND UP TO
 THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT THE GRANT OF
 SUCH LICENSE, IN WHICH EVENT THE  COMMISSION  MAY,  IN  ITS  DISCRETION,
 ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE
 YEARS  SHALL  BE  MEASURED  EITHER  FROM THE DATE OF PAYMENT OF ANY FINE
 IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE  DATE
 OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
 TERMINATION OF SENTENCE;
   (C)  IF  THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY ADVOCATES THE
 DESIRABILITY OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE  UNITED
 S. 8308--A                         37                         A. 8808--A
 
 STATES  BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVO-
 CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
 ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
 LICENSEE POSSESSES THE QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN
 THIS  SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
 LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
 APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE  APPLICANT  OF  THIS
 ACTION.  THE  COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
 LICENSEE FOR A LICENSE UNDER THE  PROVISIONS  OF  THIS  ARTICLE  PENDING
 FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.  ANY SUCH PERMIT
 SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5.  NO  PERSON  SHALL  BE  LICENSED TO ACT AS A PIER SUPERINTENDENT OR
 HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT  AT  A  SINGLE  PIER  OR
 OTHER  WATERFRONT  TERMINAL,  BUT  NOTHING  IN  THIS  SECTION  SHALL  BE
 CONSTRUED TO LIMIT IN ANY WAY THE  NUMBER  OF  PIER  SUPERINTENDENTS  OR
 HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
   6.  A  LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
 THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
 APPLIED FOR  THE PERSON'S LICENSE.
   7. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR  THE  LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES:
   (A)  CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
 WOULD REQUIRE OR PERMIT THE PERSON'S DISQUALIFICATION FROM  RECEIVING  A
 LICENSE UPON ORIGINAL APPLICATION;
   (B)  FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
   (D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE,  SALE
 OR   DISTRIBUTION   OF  A  CONTROLLED  DANGEROUS  SUBSTANCE  (CONTROLLED
 SUBSTANCE)  OR  A  CONTROLLED  DANGEROUS  SUBSTANCE  ANALOG  (CONTROLLED
 SUBSTANCE ANALOG);
   (E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
 OR  INDUCING  OR  OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
 TERMS OF THIS ACT;
   (F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY  OR
 GIVE  TO  ANY  PERSON  ANY  VALUABLE  CONSIDERATION TO INDUCE SUCH OTHER
 PERSON TO VIOLATE ANY PROVISION OF THIS ACT  OR  TO  INDUCE  ANY  PUBLIC
 OFFICER,  AGENT  OR  EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY HERE-
 UNDER;
   (G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
   (H) TRANSFER OR SURRENDER OF POSSESSION OF THE LICENSE TO  ANY  PERSON
 EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
   (I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
   (J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
 THAN  THE  LICENSEE'S  EMPLOYER  AS  CONSIDERATION  FOR THE SELECTION OR
 RETENTION FOR EMPLOYMENT OF ANY LONGSHOREMAN;
   (K) COERCION OF A LONGSHOREMAN BY THREAT OF DISCRIMINATION OR VIOLENCE
 OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE  SERVICES
 OF ANY PERSON;
   (L)  LENDING  ANY  MONEY TO OR BORROWING ANY MONEY FROM A LONGSHOREMAN
 FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
 S. 8308--A                         38                         A. 8808--A
 
   (M) MEMBERSHIP IN A LABOR ORGANIZATION WHICH  REPRESENTS  LONGSHOREMEN
 OR PORT WATCHMEN; BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIB-
 IT  PIER  SUPERINTENDENTS  OR  HIRING AGENTS FROM BEING REPRESENTED BY A
 LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT  ALSO  REPRESENT  LONG-
 SHOREMEN OR PORT WATCHMEN. THE AMERICAN FEDERATION OF LABOR AND CONGRESS
 OF  INDUSTRIAL  ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS
 OR OTHER ORGANIZATION  OF  NATIONAL  OR  INTERNATIONAL  OCCUPATIONAL  OR
 INDUSTRIAL  LABOR  ORGANIZATIONS SHALL NOT BE CONSIDERED AN ORGANIZATION
 WHICH REPRESENTS LONGSHOREMEN OR PORT WATCHMEN  WITHIN  THE  MEANING  OF
 THIS  SECTION  ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
 IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PORT WATCHMEN.
   8. ANY APPLICANT FOR PIER SUPERINTENDENT OR  HIRING  AGENT  INELIGIBLE
 FOR  A  LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVI-
 SION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F  OF  THIS  ARTICLE  MAY
 PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE INELIGI-
 BILITY.   A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE MADE TO
 THE COMMISSION BEFORE OR AFTER THE  HEARING  REQUIRED  BY  SECTION  FIVE
 HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   § 534-G. STEVEDORES.  1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED  A
 LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
 AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
 IN  THE  PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE STEVEDORE IS
 SO LICENSED.
   2. ANY PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT  OF  NEW
 YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
 WRITTEN  APPLICATION  FOR  A  LICENSE TO ENGAGE IN SUCH OCCUPATION, DULY
 SIGNED AND  VERIFIED AS FOLLOWS:
   (A) IF THE APPLICANT IS A NATURAL PERSON,  THE  APPLICATION  SHALL  BE
 SIGNED  AND  VERIFIED  BY SUCH PERSON AND IF THE APPLICANT IS A PARTNER-
 SHIP, THE APPLICATION SHALL BE  SIGNED  AND  VERIFIED  BY  EACH  NATURAL
 PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP.  THE APPLICA-
 TION  SHALL  STATE  THE  FULL NAME, AGE, RESIDENCE, BUSINESS ADDRESS, IF
 ANY, PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO  SIGNING
 THE  SAME,  AND  ANY  OTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE
 COMMISSION TO ASCERTAIN THE CHARACTER, INTEGRITY AND  IDENTITY  OF  EACH
 NATURAL PERSON SO SIGNING SUCH APPLICATION.
   (B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
 AND  VERIFIED  BY  THE  PRESIDENT,  SECRETARY AND TREASURER THEREOF, AND
 SHALL SPECIFY THE NAME OF THE CORPORATION, THE DATE  AND  PLACE  OF  ITS
 INCORPORATION,  THE  LOCATION  OF  ITS  PRINCIPAL PLACE OF BUSINESS, THE
 NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
 OWNING FIVE PERCENT OR MORE OF ANY OF THE  STOCK  THEREOF,  AND  OF  ALL
 OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS.  THE REQUIRE-
 MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
 A  MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED IN
 RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
 SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
   (C) IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY  OFFICER,
 AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
 FIVE  PERCENT  OR MORE OF THE STOCK OF THE CORPORATION, THE SECRETARY OF
 SUCH CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING  TO
 THE COMMISSION CERTIFIED BY SAID SECRETARY.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A)  IF  ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN THE APPLICATION
 IS NOT THE REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION  TWO  OF  THIS
 S. 8308--A                         39                         A. 8808--A
 
 SECTION  TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE PERSON
 SO SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR  TRUS-
 TEE FOR ANY SUCH REAL PARTY IN INTEREST;
   (B)  UNLESS  THE  COMMISSION SHALL BE SATISFIED THAT THE APPLICANT AND
 ALL MEMBERS, OFFICERS AND STOCKHOLDERS REQUIRED BY  SUBDIVISION  TWO  OF
 THIS  SECTION  TO  SIGN  OR BE IDENTIFIED IN THE APPLICATION FOR LICENSE
 POSSESS  GOOD CHARACTER AND INTEGRITY;
   (C) UNLESS THE APPLICANT IS EITHER A NATURAL  PERSON,  PARTNERSHIP  OR
 CORPORATION;
   (D)  UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN FORCE
 OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
 OF FREIGHT BY WATER FOR THE LOADING AND UNLOADING BY  THE  APPLICANT  OF
 ONE  OR  MORE  VESSELS  OF SUCH CARRIER AT A PIER WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE;
   (E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
 SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
 TION  FOR LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN  CONVICTED  BY  A
 COURT  OF    THE  UNITED STATES OR ANY STATE OR TERRITORY THEREOF OF THE
 COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,  MURDER,
 MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
 EXCEEDING  ONE  YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE.  ANY APPLICANT INELIGIBLE FOR A LICENSE  BY  REASON  OF
 ANY  SUCH  CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION
 THAT THE  PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
 A PERIOD  OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER  PROVIDED
 AND  UP TO   THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT
 THE GRANT OF  SUCH LICENSE, IN WHICH EVENT THE COMMISSION  MAY,  IN  ITS
 DISCRETION  ISSUE    AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID
 PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE  OF  PAYMENT
 OF  ANY  FINE IMPOSED  UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR
 FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY  PAROLE,
 COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
   (F)  IF  THE  APPLICANT  HAS  PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
 GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
 ER OF FREIGHT BY WATER ANY VALUABLE CONSIDERATION  FOR  AN  IMPROPER  OR
 UNLAWFUL  PURPOSE  OR TO INDUCE SUCH PERSON TO PROCURE THE EMPLOYMENT OF
 THE APPLICANT  BY  SUCH  CARRIER  FOR  THE  PERFORMANCE  OF  STEVEDORING
 SERVICES;
   (G)  IF  THE  APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID OR GIVEN OR
 OFFERED TO PAY OR GIVE TO ANY  OFFICER  OR  REPRESENTATIVE  OF  A  LABOR
 ORGANIZATION  ANY  VALUABLE  CONSIDERATION  FOR  AN IMPROPER OR UNLAWFUL
 PURPOSE OR TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO  SUBORDINATE  THE
 INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
 THE  AFFAIRS  OF  SUCH LABOR ORGANIZATION TO THE INTERESTS OF THE APPLI-
 CANT.
   (H) IF THE APPLICANT HAS PAID, GIVEN, CAUSED  TO  HAVE  BEEN  PAID  OR
 GIVEN  OR  OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER OF FREIGHT
 BY WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL  PURPOSE
 OR,  WITHOUT  THE  KNOWLEDGE AND CONSENT OF SUCH CARRIER, TO INDUCE SUCH
 AGENT TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR  ITS
 AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL  BE  SATISFIED THEREFROM THAT THE APPLICANT
 POSSESSES  THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN   THIS
 S. 8308--A                         40                         A. 8808--A
 
 SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
 CANT.   THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT FOR
 A LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION   ON
 AN  APPLICATION  MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL BE VALID
 FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
 A TERM OF FIVE YEARS OR FRACTION OF SUCH FIVE  YEAR  PERIOD,  AND  SHALL
 EXPIRE  ON  THE FIRST DAY OF DECEMBER.  IN THE EVENT OF THE DEATH OF THE
 LICENSEE, IF A NATURAL   PERSON, OR ITS TERMINATION  OR  DISSOLUTION  BY
 REASON  OF  A  DEATH  OF A PARTNER, IF A PARTNERSHIP, OR IF THE LICENSEE
 SHALL CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY  PARA-
 GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
 NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
 SHALL BE SOONER.  A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
 SIVE  FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE SET
 FORTH IN THIS SECTION FOR AN  ORIGINAL  APPLICATION  FOR  A  STEVEDORE'S
 LICENSE.
   6.  ANY  LICENSE  ISSUED  PURSUANT  TO  THIS SECTION MAY BE REVOKED OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF  THE  FOLLOWING
 OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
 VISION  TWO  OF  THIS  SECTION  TO  SIGN OR BE IDENTIFIED IN AN ORIGINAL
 APPLICATION FOR A LICENSE:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 DISQUALIFICATION OF THE LICENSEE FROM RECEIVING A LICENSE UPON  ORIGINAL
 APPLICATION;
   (B)  FRAUD,  DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (C) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET  OF  BOOKS  AND
 RECORDS  CONTAINING  A  TRUE  AND  ACCURATE  ACCOUNT  OF  THE LICENSEE'S
 RECEIPTS AND DISBURSEMENTS ARISING  OUT  OF  THE  LICENSEE'S  ACTIVITIES
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (D)  FAILURE  TO KEEP SAID BOOKS AND RECORDS AVAILABLE DURING BUSINESS
 HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
 TATIVES UNTIL THE EXPIRATION OF THE FIFTH CALENDAR  YEAR  FOLLOWING  THE
 CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
   (E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
 (H)  AND  (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE.
   § 534-H. PROHIBITION OF PUBLIC LOADING. 1.  IT  IS  UNLAWFUL  FOR  ANY
 PERSON  TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES OTHER
 THAN RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN  THE
 PORT  OF  NEW  YORK  DISTRICT  IN THIS STATE, FOR A FEE OR OTHER COMPEN-
 SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
   (A) CARRIERS OF FREIGHT BY WATER, BUT ONLY AT  PIERS  AT  WHICH  THEIR
 VESSELS ARE BERTHED;
   (B)  OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO RAILROADS
 AND TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO  BE
 TRANSPORTED BY SUCH CARRIERS;
   (C)  OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING RAIL-
 ROADS, TRUCK TERMINAL OPERATORS, WAREHOUSEMEN AND  OTHER  PERSONS),  BUT
 ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
   (D)  SHIPPERS  OR  CONSIGNEES  OF FREIGHT, BUT ONLY IN CONNECTION WITH
 FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
   (E) STEVEDORES LICENSED UNDER SECTION FIVE  HUNDRED  THIRTY-FOUR-G  OF
 THIS  ARTICLE,  WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR IS TO
 S. 8308--A                         41                         A. 8808--A
 
 BE TRANSPORTED BY A CARRIER OF  FREIGHT BY WATER WITH WHICH SUCH  STEVE-
 DORE  SHALL  HAVE  A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH (D) OF
 SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
   2.  NOTHING  IN  THIS  SECTION CONTAINED SHALL BE DEEMED TO PERMIT ANY
 SUCH LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY  ANY
 SUCH  PERSON BY  MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT
 OTHER THAN AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS  A  PERSON
 PERMITTED  BY  THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT SUCH PLACE
 IN THE PERSON'S OWN RIGHT.
   § 534-I. LONGSHOREMEN'S REGISTER. 1. THE COMMISSION SHALL  MAINTAIN  A
 LONGSHOREMEN'S  REGISTER  IN WHICH SHALL BE INCLUDED ALL QUALIFIED LONG-
 SHOREMEN ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH IN  THE  PORT  OF
 NEW  YORK DISTRICT IN THIS STATE.  NO PERSON SHALL ACT AS A LONGSHOREMAN
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS  AT  THE  TIME
 SUCH  PERSON  IS  INCLUDED IN THE LONGSHOREMEN'S REGISTER, AND NO PERSON
 SHALL EMPLOY ANOTHER TO WORK AS A LONGSHOREMAN WITHIN THE  PORT  OF  NEW
 YORK  DISTRICT  IN  THIS  STATE  UNLESS AT THE TIME SUCH OTHER PERSON IS
 INCLUDED IN THE LONGSHOREMEN'S REGISTER.
   2. ANY PERSON APPLYING FOR INCLUSION IN  THE  LONGSHOREMEN'S  REGISTER
 SHALL  FILE  AT  SUCH  PLACE  AND IN SUCH MANNER AS THE COMMISSION SHALL
 DESIGNATE A WRITTEN STATEMENT,  SIGNED  AND  VERIFIED  BY  SUCH  PERSON,
 SETTING FORTH THE PERSON'S  FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
 TY  NUMBER,  AND  SUCH  FURTHER FACTS AND EVIDENCE AS THE COMMISSION MAY
 PRESCRIBE TO ESTABLISH THE IDENTITY OF  SUCH  PERSON  AND  THE  PERSON'S
 CRIMINAL RECORD, IF ANY.
   3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
 IN THE LONGSHOREMEN'S REGISTER BY A PERSON:
   (A)  WHO  HAS  BEEN  CONVICTED  BY A COURT OF THE UNITED STATES OR ANY
 STATE OR TERRITORY  THEREOF,  WITHOUT  SUBSEQUENT  PARDON,  OF  TREASON,
 MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
 FOR  A TERM EXCEEDING ONE YEAR OR OF ANY OF THE MISDEMEANORS OR OFFENSES
 DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE  HUNDRED
 THIRTY-FOUR-F  OF THIS ARTICLE OR OF ATTEMPT OR CONSPIRACY TO COMMIT ANY
 OF SUCH CRIMES;
   (B) WHO KNOWINGLY OR WILLINGLY ADVOCATES THE  DESIRABILITY   OF  OVER-
 THROWING  OR  DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE OR
 VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
 ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
   (C) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS  IN  THE
 PORT  OF  NEW  YORK DISTRICT IN THIS STATE IS FOUND BY THE COMMISSION ON
 THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
 THE PUBLIC PEACE OR SAFETY.
   4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
 THE LONGSHOREMEN'S REGISTER ON A GROUND SET FORTH IN  SUBDIVISION  THREE
 OF  THIS  SECTION  IT  SHALL  INCLUDE  SUCH PERSON IN THE LONGSHOREMEN'S
 REGISTER.   THE COMMISSION MAY  PERMIT  TEMPORARY  REGISTRATION  OF  ANY
 APPLICANT  UNDER  THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION ON
 AN APPLICATION MADE FOR SUCH REGISTRATION.  ANY SUCH TEMPORARY REGISTRA-
 TION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5. THE COMMISSION SHALL  HAVE  POWER  TO  REPRIMAND  ANY  LONGSHOREMAN
 REGISTERED  UNDER  THIS  SECTION  OR  TO  REMOVE  THAT  PERSON  FROM THE
 LONGSHOREMEN'S REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTER-
 EST FOR ANY OF ANY FOLLOWING OFFENSES:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT  DISQUALI-
 FICATION  OF  SUCH  PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER
 UPON ORIGINAL APPLICATION;
 S. 8308--A                         42                         A. 8808--A
 
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING  INCLUSION  IN  THE
 LONGSHOREMEN'S REGISTER;
   (C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY  OR  PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
 BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S  REGIS-
 TER, WITHOUT SATISFACTORY EXPLANATION;
   (D) FALSE IMPERSONATION OF ANOTHER LONGSHOREMAN REGISTERED UNDER  THIS
 SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
   (E)    WILLFUL  COMMISSION  OF OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
 WATERFRONT TERMINAL OR ADJACENT HIGHWAY ANY ACT OF  PHYSICAL  INJURY  TO
 ANY  OTHER  PERSON  OR  OF  WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
 OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
   (F)  ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND  (F)
 OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
 CLE.
   6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
 RULING BY THE COMMISSION, REGISTRATION AS A LONGSHOREMAN IS REQUIRED FOR
 ANY  PERSON TO CONTINUE EMPLOYMENT, SUCH PERSON SHALL BE REGISTERED AS A
 LONGSHOREMAN WITHOUT REGARD TO THE PROVISIONS OF  SECTION  FIVE  HUNDRED
 THIRTY-FOUR-K  OF  THIS  ARTICLE,  PROVIDED,  HOWEVER,  THAT SUCH PERSON
 SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION  AS  A
 LONGSHOREMAN.
   7.  THE  COMMISSION  SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
 CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
 THE LONGSHOREMEN'S REGISTER IF THE HOLDER THEREOF HAS BEEN REMOVED  FROM
 THE LONGSHOREMEN'S REGISTER.
   8.  NOTHING  CONTAINED  IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
 ANY WAY ANY RIGHTS OF LABOR RESERVED BY  SECTION  FIVE  HUNDRED  THIRTY-
 FOUR-Q OF THIS ARTICLE.
   § 534-J. LIST OF QUALIFIED LONGSHOREMEN FOR EMPLOYMENT AS CHECKERS. 1.
 THE  COMMISSION SHALL MAINTAIN WITHIN THE LONGSHOREMEN'S REGISTER A LIST
 OF ALL QUALIFIED LONGSHOREMEN ELIGIBLE, AS PROVIDED IN THIS SECTION, FOR
 EMPLOYMENT AS CHECKERS IN THE PORT OF NEW YORK DISTRICT IN  THIS  STATE.
 NO PERSON SHALL ACT AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN
 THIS   STATE  UNLESS  AT  THE  TIME  SUCH  PERSON  IS  INCLUDED  IN  THE
 LONGSHOREMEN'S REGISTER AS A CHECKER, AND NO PERSON SHALL EMPLOY ANOTHER
 TO WORK AS A CHECKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS  STATE
 UNLESS  AT  THE TIME SUCH OTHER PERSON IS INCLUDED IN THE LONGSHOREMEN'S
 REGISTER AS A CHECKER.
   2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
 A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS THE COMMIS-
 SION SHALL DESIGNATE A WRITTEN STATEMENT, SIGNED AND  VERIFIED  BY  SUCH
 PERSON, SETTING FORTH THE FOLLOWING:
   (A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
 RITY NUMBER OF THE APPLICANT;
   (B)  THE  PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
 THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
 EMPLOYERS;
   (C)  SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
 SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY  OF  THE  APPLI-
 CANT.
   3.  NO  PERSON  SHALL  BE INCLUDED IN THE LONGSHOREMEN'S REGISTER AS A
 CHECKER:
   (A) UNLESS THE  COMMISSION  SHALL  BE  SATISFIED  THAT  THE  APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
 S. 8308--A                         43                         A. 8808--A
 
   (B)  IF  THE  APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED
 BY A COURT OF THE UNITED STATES OR ANY STATE OR  TERRITORY  THEREOF,  OF
 THE  COMMISSION  OF,  OR  THE  ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,
 MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY  DEATH  OR  IMPRISONMENT
 FOR  A  TERM  EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEANORS OR
 OFFENSES:  ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL  OR  ANOTHER
 DANGEROUS WEAPON; MAKING OR POSSESSING  BURGLAR'S INSTRUMENTS; BUYING OR
 RECEIVING  STOLEN  PROPERTY;  UNLAWFUL  ENTRY  OF  A BUILDING; AIDING AN
 ESCAPE FROM PRISON; UNLAWFULLY   POSSESSING, POSSESSING WITH  INTENT  TO
 DISTRIBUTE,  SALE  OR  DISTRIBUTION  OF A CONTROLLED DANGEROUS SUBSTANCE
 (CONTROLLED  SUBSTANCE)  OR  A  CONTROLLED  DANGEROUS  SUBSTANCE  ANALOG
 (CONTROLLED  SUBSTANCE  ANALOG); PETTY LARCENY, WHERE THE EVIDENCE SHOWS
 THE PROPERTY WAS STOLEN FROM A VESSEL, PIER OR OTHER  WATERFRONT  TERMI-
 NAL;  AND VIOLATION OF THE ACT. ANY SUCH APPLICANT INELIGIBLE FOR INCLU-
 SION IN THE  LONGSHOREMEN'S REGISTER AS A CHECKER BY REASON OF ANY  SUCH
 CONVICTION   MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT THE
 PERSON HAS FOR A PERIOD  OF  NOT  LESS  THAN  FIVE  YEARS,  MEASURED  AS
 PROVIDED  IN  THIS SECTION,  AND UP TO THE TIME OF APPLICATION, SO ACTED
 IN A MANNER AS TO WARRANT  INCLUSION IN THE LONGSHOREMEN'S REGISTER AS A
 CHECKER, IN WHICH EVENT THE COMMISSION MAY, IN ITS DISCRETION, ISSUE  AN
 ORDER  REMOVING  SUCH INELIGIBILITY.  THE AFORESAID PERIOD OF FIVE YEARS
 SHALL BE MEASURED  EITHER FROM THE DATE OF PAYMENT OF ANY  FINE  IMPOSED
 UPON  SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE OF SUCH
 PERSON'S UNREVOKED RELEASE   FROM  CUSTODY  BY  PAROLE,  COMMUTATION  OR
 TERMINATION OF SUCH PERSON'S SENTENCE;
   (C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF  OVERTHROWING  OR  DESTROYING  THE GOVERNMENT OF THE UNITED STATES BY
 FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVOCATES  SUCH
 DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL  BE  SATISFIED THEREFROM THAT THE APPLICANT
 POSSESSES  THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  BY   THIS
 SECTION,   THE   COMMISSION   SHALL   INCLUDE   THE   APPLICANT  IN  THE
 LONGSHOREMEN'S REGISTER AS A CHECKER. THE COMMISSION MAY  PERMIT  TEMPO-
 RARY REGISTRATION AS A CHECKER TO ANY APPLICANT UNDER THIS SECTION PEND-
 ING  FINAL  ACTION  ON  AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER
 SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE,  WHICH  SHALL
 BE  VALID  FOR  A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS OF
 SIX MONTHS.
   5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
 UNDER THIS SECTION OR TO REMOVE  SUCH  PERSON  FROM  THE  LONGSHOREMEN'S
 REGISTER  AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE PUBLIC
 INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT  DISQUALI-
 FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHOREMEN'S REGISTER AS
 A CHECKER UPON ORIGINAL APPLICATION;
   (B)  FRAUD,  DECEIT  OR MISREPRESENTATION IN SECURING INCLUSION IN THE
 LONGSHOREMEN'S REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGISTERED
 ACTIVITY;
   (C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
   (D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE,  SALE
 OR   DISTRIBUTION   OF  A  CONTROLLED  DANGEROUS  SUBSTANCE  (CONTROLLED
 SUBSTANCE), OR  A  CONTROLLED  DANGEROUS  SUBSTANCE  ANALOG  (CONTROLLED
 SUBSTANCE ANALOG);
 S. 8308--A                         44                         A. 8808--A
 
   (E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
 TERMS OF THIS ACT;
   (F)  PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
 GIVE TO ANY PERSON ANY  VALUABLE  CONSIDERATION  TO  INDUCE  SUCH  OTHER
 PERSON  TO  VIOLATE  ANY  PROVISION  OF THIS ACT OR TO INDUCE ANY PUBLIC
 OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE  PERSON'S  DUTY  UNDER
 THIS ACT;
   (G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
   (H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY  OR  PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
 BY THE COMMISSION AS EVIDENCE OF INCLUSION IN THE LONGSHOREMEN'S  REGIS-
 TER WITHOUT SATISFACTORY EXPLANATION;
   (I)  FALSE  IMPERSONATION OF ANOTHER LONGSHOREMAN OR OF ANOTHER PERSON
 LICENSED UNDER THIS ACT.
   6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER  POSSESSION  OF  ANY
 CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
 THE  LONGSHOREMEN'S  REGISTER  AS A CHECKER IN THE EVENT THAT THE HOLDER
 THEREOF HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGISTER AS A CHECKER.
   7. ANY APPLICANT INELIGIBLE FOR INCLUSION IN THE LONGSHOREMEN'S REGIS-
 TER AS A CHECKER BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF  SUBDI-
 VISION  THREE  OF  THIS  SECTION MAY PETITION FOR AND THE COMMISSION MAY
 ISSUE AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR  AN  ORDER  TO
 REMOVE  INELIGIBILITY  MAY BE MADE TO THE COMMISSION BEFORE OR AFTER THE
 HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   8. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  IN
 ANY  WAY  ANY  RIGHTS  OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
 FOUR-Q OF THIS ARTICLE.
   § 534-K. REGULARIZATION OF LONGSHOREMEN'S EMPLOYMENT. 1.  THE  COMMIS-
 SION  SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHOREMEN'S REGIS-
 TER ANY PERSON WHO SHALL HAVE BEEN REGISTERED FOR AT LEAST  NINE  MONTHS
 AND  WHO  SHALL  HAVE  FAILED  DURING  THE PRECEDING SIX CALENDAR MONTHS
 EITHER TO HAVE WORKED AS A LONGSHOREMAN IN THE PORT OF NEW YORK DISTRICT
 OR TO HAVE APPLIED FOR EMPLOYMENT AS A  LONGSHOREMAN  AT  AN  EMPLOYMENT
 INFORMATION  CENTER  IN  THE  PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM
 NUMBER OF DAYS AS SHALL HAVE BEEN ESTABLISHED BY THE COMMISSION PURSUANT
 TO SUBDIVISION TWO OF THIS SECTION.
   2. ON OR BEFORE EACH SUCCEEDING FIRST DAY OF  JUNE  OR  DECEMBER,  THE
 COMMISSION  SHALL,  FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,
 ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
 NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
   3. IN ESTABLISHING ANY SUCH MINIMUM NUMBER  OF  DAYS  OR  PERIOD,  THE
 COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
   (A)  TO  ENCOURAGE  AS  FAR  AS  PRACTICABLE THE REGULARIZATION OF THE
 EMPLOYMENT OF LONGSHOREMEN;
   (B) TO BRING THE NUMBER OF ELIGIBLE  LONGSHOREMEN  MORE  CLOSELY  INTO
 BALANCE  WITH  THE DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF
 NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF  ELIGIBLE
 LONGSHOREMEN BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONGSHORE-
 MEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (C)  TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES AFFECTING LONG-
 SHOREMEN AND WATERBORNE COMMERCE IN THE PORT OF  NEW  YORK  DISTRICT  IN
 THIS STATE; AND
   (D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
   4.  A LONGSHOREMAN WHO HAS BEEN REMOVED FROM THE LONGSHOREMEN'S REGIS-
 TER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING  THE
 SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHOREMEN'S  REGIS-
 S. 8308--A                         45                         A. 8808--A
 
 TER, BUT NOT BEFORE THE EXPIRATION OF ONE YEAR FROM THE DATE OF REMOVAL,
 EXCEPT  THAT  IMMEDIATE  REINSTATEMENT SHALL BE MADE UPON PROPER SHOWING
 THAT THE REGISTRANT'S FAILURE TO WORK OR  APPLY  FOR  WORK  THE  MINIMUM
 NUMBER  OF  DAYS  ABOVE DESCRIBED WAS CAUSED BY THE FACT THAT THE REGIS-
 TRANT WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED  STATES  OR  WAS
 INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
 SHALL AT ANY TIME HAVE THE POWER TO REGISTER LONGSHOREMEN ON A TEMPORARY
 BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
   6.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS SECTION, THE COMMIS-
 SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHOREMEN'S REGISTER ANY
 PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHOREMEN FOR LESS THAN
 NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS A  LONGSHOREMAN  IN
 THE  PORT  OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF DAYS DURING A
 PERIOD OF TIME AS SHALL HAVE BEEN ESTABLISHED BY THE   COMMISSION.    IN
 ADMINISTERING THIS SECTION, THE COMMISSION, IN ITS DISCRETION, MAY COUNT
 APPLICATIONS  FOR EMPLOYMENT AS A LONGSHOREMAN AT AN EMPLOYMENT INFORMA-
 TION CENTER ESTABLISHED UNDER SECTION FIVE HUNDRED THIRTY-FOUR-O OF THIS
 ARTICLE AS CONSTITUTING ACTUAL WORK AS A LONGSHOREMAN, PROVIDED,  HOWEV-
 ER,  THAT  THE  COMMISSION  SHALL  COUNT AS ACTUAL WORK THE COMPENSATION
 RECEIVED BY ANY LONGSHOREMAN PURSUANT TO THE GUARANTEED WAGE  PROVISIONS
 OF  ANY COLLECTIVE BARGAINING AGREEMENT RELATING TO LONGSHOREMEN.  PRIOR
 TO THE COMMENCEMENT OF ANY PERIOD OF TIME ESTABLISHED BY THE  COMMISSION
 PURSUANT TO THIS SECTION, THE COMMISSION SHALL ESTABLISH FOR SUCH PERIOD
 THE MINIMUM NUMBER OF DAYS OF WORK REQUIRED AND THE DISTRIBUTION OF SUCH
 DAYS DURING SUCH PERIOD AND SHALL ALSO DETERMINE WHETHER OR NOT APPLICA-
 TION  FOR  EMPLOYMENT AS A LONGSHOREMAN SHALL BE COUNTED AS CONSTITUTING
 ACTUAL WORK AS A LONGSHOREMAN.  THE COMMISSION MAY CLASSIFY LONGSHOREMEN
 ACCORDING TO LENGTH OF SERVICE AS A LONGSHOREMAN AND SUCH OTHER CRITERIA
 AS MAY BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS  OF  THIS
 ACT.  THE  COMMISSION  SHALL  HAVE THE POWER TO VARY THE REQUIREMENTS OF
 THIS SECTION WITH RESPECT TO THEIR APPLICATION TO  THE  VARIOUS  CLASSI-
 FICATIONS OF LONGSHOREMEN. IN ADMINISTERING THIS SECTION, THE COMMISSION
 SHALL  OBSERVE  THE  STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-
 FOUR-L OF THIS ARTICLE.  NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO
 MODIFY,  LIMIT  OR  RESTRICT  IN  ANY WAY ANY OF THE RIGHTS PROTECTED BY
 SECTION FIVE HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
   § 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
 LONGSHOREMEN'S REGISTER; EXCEPTIONS. 1. THE COMMISSION SHALL SUSPEND THE
 ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE LONGSHOREMEN'S  REGISTER
 UPON THE EFFECTIVE DATE OF THE ACT. THE COMMISSION SHALL THEREAFTER HAVE
 THE  POWER  TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE OF APPLICA-
 TIONS FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER FOR SUCH  PERIODS  OF
 TIME  AS  THE  COMMISSION MAY FROM TIME TO TIME ESTABLISH AND, AFTER ANY
 SUCH PERIOD OF SUSPENSION, THE COMMISSION SHALL HAVE THE POWER  TO  MAKE
 DETERMINATIONS  TO  ACCEPT  APPLICATIONS  FOR SUCH PERIOD OF TIME AS THE
 COMMISSION MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION MAY  DETER-
 MINE,  OR  BOTH.  SUCH  DETERMINATIONS TO SUSPEND OR ACCEPT APPLICATIONS
 SHALL BE MADE BY THE COMMISSION: (A) ON ITS OWN INITIATIVE; OR (B)  UPON
 THE JOINT RECOMMENDATION IN WRITING OF STEVEDORES AND OTHER EMPLOYERS OF
 LONGSHOREMEN  IN  THE  PORT  OF  NEW YORK DISTRICT IN THIS STATE, ACTING
 THROUGH THEIR REPRESENTATIVE FOR THE PURPOSE  OF  COLLECTIVE  BARGAINING
 WITH  A  LABOR  ORGANIZATION  REPRESENTING  SUCH  LONGSHOREMEN  IN  SUCH
 DISTRICT AND SUCH LABOR ORGANIZATION; OR (C) UPON THE PETITION IN  WRIT-
 ING  OF  A  STEVEDORE OR ANOTHER EMPLOYER OF LONGSHOREMEN IN THE PORT OF
 NEW YORK DISTRICT IN THIS STATE WHICH DOES NOT HAVE A REPRESENTATIVE FOR
 S. 8308--A                         46                         A. 8808--A

 THE PURPOSE OF COLLECTIVE BARGAINING WITH A LABOR  ORGANIZATION  REPRES-
 ENTING  SUCH LONGSHOREMEN. THE COMMISSION SHALL HAVE THE POWER TO ACCEPT
 OR REJECT SUCH JOINT RECOMMENDATION OR PETITION. ALL  JOINT  RECOMMENDA-
 TIONS  OR  PETITIONS  FILED  FOR THE ACCEPTANCE OF APPLICATIONS WITH THE
 COMMISSION FOR INCLUSION IN THE LONGSHOREMEN'S REGISTER SHALL INCLUDE:
   (I) THE NUMBER OF EMPLOYEES REQUESTED;
   (II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
   (III) A DETAILED STATEMENT SETTING FORTH THE REASONS  FOR  SUCH  JOINT
 RECOMMENDATION OR PETITION;
   (IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
 THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
 ERS  OF  LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND
 THE LABOR ORGANIZATION REPRESENTING SUCH LONGSHOREMEN SHALL PROVIDE  THE
 ALLOCATION  OF THE NUMBER OF PERSONS TO BE SPONSORED BY EACH EMPLOYER OF
 LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE; AND
   (V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
   2. IN ADMINISTERING THE PROVISIONS OF  THIS  SECTION,  THE  COMMISSION
 SHALL OBSERVE THE FOLLOWING STANDARDS:
   (A)  TO  ENCOURAGE  AS  FAR  AS  PRACTICABLE THE REGULARIZATION OF THE
 EMPLOYMENT OF LONGSHOREMEN;
   (B) TO BRING THE NUMBER OF ELIGIBLE LONGSHOREMEN INTO BALANCE WITH THE
 DEMAND FOR LONGSHOREMEN'S SERVICES WITHIN THE PORT OF NEW YORK  DISTRICT
 IN THIS STATE WITHOUT REDUCING THE NUMBER OF ELIGIBLE LONGSHOREMEN BELOW
 THAT  NECESSARY  TO MEET THE REQUIREMENTS OF LONGSHOREMEN IN THE PORT OF
 NEW YORK DISTRICT IN THIS STATE;
   (C) TO ENCOURAGE THE MOBILITY AND FULL  UTILIZATION  OF  THE  EXISTING
 WORK FORCE OF LONGSHOREMEN;
   (D)  TO  PROTECT  THE JOB SECURITY OF THE EXISTING WORK FORCE OF LONG-
 SHOREMEN BY CONSIDERING THE WAGES AND EMPLOYMENT BENEFITS OF PROSPECTIVE
 REGISTRANTS;
   (E) TO ELIMINATE OPPRESSIVE AND EVIL  HIRING  PRACTICES  INJURIOUS  TO
 WATERFRONT  LABOR  AND  WATERBORNE  COMMERCE  IN  THE  PORT  OF NEW YORK
 DISTRICT IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THOSE  OPPRESSIVE
 AND EVIL HIRING PRACTICES THAT MAY RESULT FROM EITHER A SURPLUS OR SHOR-
 TAGE OF WATERFRONT LABOR;
   (F)  TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION AND
 SUCH OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER  DETERMI-
 NATION; AND
   (G) TO PROTECT THE PUBLIC INTEREST OF THE PORT OF NEW YORK DISTRICT IN
 THIS STATE.
   3.  (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING TO
 SUSPEND OR ACCEPT  APPLICATIONS  FOR  INCLUSION  IN  THE  LONGSHOREMEN'S
 REGISTER,  THE  COMMISSION SHALL CONSULT WITH AND CONSIDER THE VIEWS OF,
 INCLUDING ANY STATISTICAL DATA OR OTHER FACTUAL  INFORMATION  CONCERNING
 THE  SIZE  OF  THE  LONGSHOREMEN'S  REGISTER  SUBMITTED  BY, CARRIERS OF
 FREIGHT BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND  OPERATORS,
 ANY  LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE COMMIS-
 SION, AND ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY  THE  SIZE
 OF THE LONGSHOREMEN'S REGISTER.
   (B)  ANY  JOINT  RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE
 SUBJECT TO SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE.
   4. ANY DETERMINATION BY THE COMMISSION PURSUANT  TO  THIS  SECTION  TO
 SUSPEND  OR  ACCEPT  APPLICATIONS  FOR  INCLUSION  IN THE LONGSHOREMEN'S
 REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME  EFFECTIVE  UNTIL
 FIVE  DAYS  AFTER  NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
 TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHOREMEN IN THE PORT  OF
 S. 8308--A                         47                         A. 8808--A
 
 NEW YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION REPRESENT-
 ING SUCH LONGSHOREMEN AND/OR THE PETITIONING STEVEDORE OR OTHER EMPLOYER
 OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN THIS STATE AND SHALL
 BE  SUBJECT  TO  JUDICIAL REVIEW FOR BEING ARBITRARY, CAPRICIOUS, AND AN
 ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTITUTED BY SUCH REPRESEN-
 TATIVE AND SUCH LABOR ORGANIZATION AND/OR BY THE  PETITIONING  STEVEDORE
 OR  OTHER  EMPLOYER  OF LONGSHOREMEN IN THE PORT OF NEW YORK DISTRICT IN
 THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY  BE  INSTITUTED  IN  THE
 MANNER  PROVIDED  BY THE LAW OF THIS STATE FOR REVIEW OF THE FINAL DECI-
 SION OR ACTION OF  ADMINISTRATIVE  AGENCIES  OF  THIS  STATE,  PROVIDED,
 HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY BY THE APPELLATE
 DIVISION  AS  THE COURT OF FIRST INSTANCE (TO WHICH THE PROCEEDING SHALL
 BE TRANSFERRED BY ORDER OF TRANSFER BY THE SUPREME COURT IN THE STATE OF
 NEW YORK BY NOTICE OF APPEAL FROM THE  COMMISSION'S  DETERMINATION)  AND
 PROVIDED FURTHER THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW IN THIS
 STATE  NO  COURT SHALL HAVE POWER TO STAY THE COMMISSION'S DETERMINATION
 PRIOR TO FINAL JUDICIAL DECISION FOR MORE  THAN  FIFTEEN  DAYS.  IN  THE
 EVENT  THAT  THE  COURT  ENTERS A FINAL ORDER SETTING ASIDE THE DETERMI-
 NATION BY THE COMMISSION TO ACCEPT APPLICATIONS  FOR  INCLUSION  IN  THE
 LONGSHOREMEN'S  REGISTER,  THE REGISTRATION OF ANY LONGSHOREMEN INCLUDED
 IN THE LONGSHOREMEN'S REGISTER AS A RESULT OF SUCH DETERMINATION BY  THE
 COMMISSION SHALL BE CANCELLED.
   5.  THIS  SECTION  SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY  LIMIT  OR
 RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
 REGISTER  LONGSHOREMEN ON A TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY
 NEEDS OR THE PROVISIONS OF SUBDIVISION  FOUR  OF  SECTION  FIVE  HUNDRED
 THIRTY-FOUR-K OF THIS ARTICLE RELATING TO THE IMMEDIATE REINSTATEMENT OF
 PERSONS  REMOVED  FROM  THE  LONGSHOREMEN'S  REGISTER  PURSUANT  TO THIS
 SECTION.
   6. UPON THE GRANTING OF ANY JOINT  RECOMMENDATION  OR  PETITION  UNDER
 THIS  SECTION  FOR  THE  ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
 LONGSHOREMEN'S REGISTER, THE COMMISSION SHALL ACCEPT  APPLICATIONS  UPON
 WRITTEN  SPONSORSHIP  FROM THE PROSPECTIVE EMPLOYER OF LONGSHOREMEN. THE
 SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE NAME,  ADDRESS
 AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS THE COMMISSION MAY
 PRESCRIBE  FOR  ANY  PERSON  SO SPONSORED. THE SPONSORING EMPLOYER SHALL
 CERTIFY THAT THE SELECTION OF THE PERSONS SO SPONSORED  WAS  MADE  IN  A
 FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE REQUIREMENTS OF
 THE  LAWS  OF  THE  UNITED STATES AND THE STATE OF NEW YORK DEALING WITH
 EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY  OF  THE  FOREGOING,
 WHERE  THE COMMISSION DETERMINES TO ACCEPT APPLICATIONS FOR INCLUSION IN
 THE LONGSHOREMEN'S REGISTER ON ITS OWN INITIATIVE, SUCH ACCEPTANCE SHALL
 BE ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY THE COMMISSION.
   7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
 MAY INCLUDE IN THE LONGSHOREMEN'S REGISTER UNDER SUCH TERMS  AND  CONDI-
 TIONS AS THE COMMISSION MAY PRESCRIBE:
   (A)  A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
 OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
   (B) A PERSON DEFINED AS A LONGSHOREMAN IN SUBPARAGRAPH FOUR  OF  PARA-
 GRAPH  (A),  OR  PARAGRAPH  (B)  OF  SUBDIVISION  TWELVE OF SECTION FIVE
 HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS  EMPLOYED  BY  A  STEVEDORE
 DEFINED  IN  PARAGRAPH  (C)  OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
 FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT  IS  NOT
 SUBJECT  TO  THE  GUARANTEED  ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
 BARGAINING AGREEMENT RELATING TO LONGSHOREMEN.
 S. 8308--A                         48                         A. 8808--A
 
   8. THE COMMISSION MAY INCLUDE IN THE  LONGSHOREMEN'S  REGISTER,  UNDER
 SUCH  TERMS  AND  CONDITIONS  AS  THE  COMMISSION MAY PRESCRIBE, PERSONS
 ISSUED REGISTRATION ON A TEMPORARY BASIS AS A LONGSHOREMAN OR A  CHECKER
 TO  MEET  SPECIAL  OR EMERGENCY NEEDS AND WHO ARE STILL SO REGISTERED BY
 THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
   9.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO MODIFY, LIMIT OR
 RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE  HUNDRED
 THIRTY-FOUR-Q OF THIS ARTICLE.
   § 534-M. PORT  WATCHMEN.  1.  NO  PERSON  SHALL ACT AS A PORT WATCHMAN
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT FIRST  HAVING
 OBTAINED  A LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE
 COMMISSION, AND NO PERSON SHALL EMPLOY A PORT WATCHMAN  WHO  IS  NOT  SO
 LICENSED.
   2. A LICENSE TO ACT AS A PORT WATCHMAN SHALL BE ISSUED ONLY UPON WRIT-
 TEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
   (A)  THE  FULL  NAME,  RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
 DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
   (B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE  APPLICANT,  INCLUDING
 THE  PLACES  WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE PERSON'S
 EMPLOYERS;
   (C) THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A  NATURAL-
 IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
 AND
   (D)  SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
 SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY  OF  THE  APPLI-
 CANT.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A)  UNLESS  THE  COMMISSION  SHALL  BE  SATISFIED  THAT THE APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
 A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
 COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,  MURDER,
 MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
 EXCEEDING  ONE  YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES DESCRIBED IN
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE;
   (C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
 ICAL AND MENTAL FITNESS FOR THE DISCHARGE OF A PORT WATCHMEN'S DUTIES AS
 MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
   (D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
 REPRESENTS LONGSHOREMEN OR PIER SUPERINTENDENTS OR  HIRING  AGENTS;  BUT
 NOTHING  IN  THIS SECTION SHALL BE DEEMED TO PROHIBIT PORT WATCHMEN FROM
 BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO  NOT
 ALSO  REPRESENT  LONGSHOREMEN  OR PIER SUPERINTENDENTS OR HIRING AGENTS.
 THE AMERICAN FEDERATION OF LABOR AND CONGRESS  OF  INDUSTRIAL  ORGANIZA-
 TIONS  AND  ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER ORGANIZATION
 OF NATIONAL OR INTERNATIONAL OCCUPATIONAL OR INDUSTRIAL LABOR  ORGANIZA-
 TIONS  SHALL  NOT  BE  CONSIDERED AN ORGANIZATION WHICH REPRESENTS LONG-
 SHOREMEN OR PIER SUPERINTENDENTS OR HIRING AGENTS WITHIN THE MEANING  OF
 THIS  SECTION  ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT LABOR ORGAN-
 IZATIONS THEREOF MAY REPRESENT LONGSHOREMEN OR PIER  SUPERINTENDENTS  OR
 HIRING AGENTS;
   (E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF  OVERTHROWING  OR  DESTROYING  THE GOVERNMENT OF THE UNITED STATES BY
 FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVOCATES  SUCH
 DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
 S. 8308--A                         49                         A. 8808--A
 
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL  BE  SATISFIED THEREFROM THAT THE APPLICANT
 POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
 AND  REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE AND
 DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
 PERMIT TO ANY APPLICANT FOR A  LICENSE  UNDER  THE  PROVISIONS  OF  THIS
 SECTION  PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.
 ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5. A LICENSE GRANTED PURSUANT TO THIS SECTION  SHALL  CONTINUE  FOR  A
 TERM  OF  THREE  YEARS.  A  LICENSE MAY BE RENEWED BY THE COMMISSION FOR
 SUCCESSIVE THREE-YEAR PERIODS UPON FULFILLING THE SAME  REQUIREMENTS  AS
 SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
   6.  NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A LICENSE
 TO ACT AS A PORT WATCHMAN  SHALL  CONTINUE  AND  NEED  NOT  BE  RENEWED,
 PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
   (A)  SUBMIT  TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
 FITNESS STANDARDS ESTABLISHED BY THE COMMISSION  PURSUANT  TO  PARAGRAPH
 (C) OF SUBDIVISION THREE OF THIS SECTION;
   (B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
   (C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
   7.  ANY  LICENSE  ISSUED  PURSUANT  TO  THIS SECTION MAY BE REVOKED OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF  THE  FOLLOWING
 OFFENSES:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 THE  PERSON'S  DISQUALIFICATION  FROM  RECEIVING A LICENSE UPON ORIGINAL
 APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
   (C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
 (H), AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED  THIRTY-FOUR-F
 OF THIS ARTICLE.
   8.  THE  COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE LICENSE OR
 TEMPORARY PERMIT OF A PORT WATCHMAN WHO SHALL  HAVE  FAILED  DURING  THE
 PRECEDING TWELVE MONTHS TO HAVE WORKED AS A PORT WATCHMAN IN THE PORT OF
 NEW  YORK  DISTRICT  A MINIMUM NUMBER OF HOURS AS SHALL HAVE BEEN ESTAB-
 LISHED BY THE COMMISSION, EXCEPT  THAT  IMMEDIATE  RESTORATION  OF  SUCH
 LICENSE  OR  TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING THAT THE
 FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
 WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
 ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
   9. ANY APPLICANT FOR PORT WATCHMAN INELIGIBLE FOR A LICENSE BY  REASON
 OF  THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION
 MAY PETITION FOR AND THE COMMISSION MAY  ISSUE  AN  ORDER  REMOVING  THE
 INELIGIBILITY.  A  PETITION  FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE
 MADE TO THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED  BY  SECTION
 FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   § 534-N. HEARINGS,  DETERMINATIONS AND REVIEW. 1. THE COMMISSION SHALL
 NOT DENY ANY APPLICATION FOR A LICENSE OR  REGISTRATION  WITHOUT  GIVING
 THE  APPLICANT  OR  PROSPECTIVE  LICENSEE REASONABLE PRIOR NOTICE AND AN
 OPPORTUNITY TO BE HEARD BY THE COMMISSION.
   2.  ANY  APPLICATION  FOR  A  LICENSE  OR   FOR   INCLUSION   IN   THE
 LONGSHOREMEN'S  REGISTER,  AND  ANY LICENSE ISSUED OR REGISTRATION MADE,
 MAY BE DENIED, REVOKED, OR SUSPENDED ONLY IN THE  MANNER  PRESCRIBED  IN
 THIS SECTION.
 S. 8308--A                         50                         A. 8808--A
 
   3.  THE  COMMISSION  MAY  ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY
 PERSON, INCLUDING ANY PUBLIC OFFICIAL OR AGENCY,  INSTITUTE  PROCEEDINGS
 TO  REVOKE  OR  SUSPEND  ANY  LICENSE OR REGISTRATION AFTER A HEARING AT
 WHICH THE LICENSEE OR REGISTRANT AND ANY PERSON  MAKING  SUCH  COMPLAINT
 SHALL  BE  GIVEN  AN OPPORTUNITY TO BE HEARD, PROVIDED THAT ANY ORDER OF
 THE COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION  SHALL
 NOT  BECOME  EFFECTIVE  UNTIL  FIFTEEN DAYS SUBSEQUENT TO THE SERVING OF
 NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION  OF
 THE  COMMISSION  THE CONTINUANCE OF THE LICENSE OR REGISTRATION FOR SUCH
 PERIOD WOULD BE INIMICAL TO THE PUBLIC PEACE OR  SAFETY.  SUCH  HEARINGS
 SHALL  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
 BY THE RULES OF THE COMMISSION, BUT SUCH NOTICE SHALL  BE  OF  NOT  LESS
 THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
   4.  PENDING  THE DETERMINATION OF SUCH HEARING PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A  PERMIT,
 LICENSE  OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN THE
 OPINION OF THE COMMISSION THE CONTINUANCE  OF  THE  PERMIT,  LICENSE  OR
 REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
   (A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
 TRATION  PURSUANT  TO  THE  PROVISIONS OF THIS SUBDIVISION UNTIL FURTHER
 ORDER OF THE COMMISSION OR FINAL DISPOSITION  OF  THE  UNDERLYING  CASE,
 ONLY  WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED FOR,
 OR OTHERWISE CHARGED WITH, A CRIME WHICH IS EQUIVALENT TO  A  FELONY  IN
 THE  STATE  OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
 FOR A TERM EXCEEDING ONE YEAR OR ONLY WHERE THE PERMITTEE OR LICENSEE IS
 A PORT WATCHMAN WHO IS  CHARGED  BY  THE  COMMISSION  PURSUANT  TO  THIS
 SECTION  WITH  MISAPPROPRIATING  ANY  OTHER PERSON'S PROPERTY AT OR ON A
 PIER OR OTHER WATERFRONT TERMINAL.
   (B) IN THE CASE OF A PERMITTEE, LICENSEE OR REGISTRANT  WHO  HAS  BEEN
 INDICTED  FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY SUSPEN-
 SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
 CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
 OF ANY SUCH PERMIT, LICENSE OR REGISTRATION IS INIMICAL  TO  THE  PUBLIC
 PEACE OR SAFETY.
   (C)  A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN TEMPORAR-
 ILY SUSPENDED MAY, AT ANY TIME, DEMAND THAT  THE  COMMISSION  CONDUCT  A
 HEARING  AS  PROVIDED  FOR  IN  THIS  SECTION. WITHIN SIXTY DAYS OF SUCH
 DEMAND, THE COMMISSION SHALL COMMENCE THE  HEARING  AND,  WITHIN  THIRTY
 DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
 THE  COMMISSION  SHALL  RENDER  A FINAL DETERMINATION THEREON; PROVIDED,
 HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
 DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
 FAILURE OF THE COMMISSION TO COMMENCE A HEARING  OR  RENDER  A  DETERMI-
 NATION  WITHIN  THE TIME LIMITS PRESCRIBED HEREIN, THE TEMPORARY SUSPEN-
 SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
 STANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF A  FEDERAL,  STATE,
 OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
 SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
 WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
 SION  MAY  IN  ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING FOR A TIME
 CERTAIN OR INDEFINITELY. ANY ACTION BY  THE  COMMISSION  TO  POSTPONE  A
 HEARING  SHALL  BE  SUBJECT  TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN
 SUBDIVISION SEVEN OF THIS SECTION.
   (D) THE COMMISSION MAY IN ADDITION, WITHIN  ITS  DISCRETION,  BAR  ANY
 PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
 SUSPENDED  PURSUANT  TO  THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED
 S. 8308--A                         51                         A. 8808--A
 
 STEVEDORE OR A CARRIER OF FREIGHT BY WATER DURING  THE  PERIOD  OF  SUCH
 SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
 INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
 OF   A   CONTROLLED   DANGEROUS  SUBSTANCE  (CONTROLLED  SUBSTANCE),  OR
 CONTROLLED DANGEROUS SUBSTANCE  ANALOG  (CONTROLLED  SUBSTANCE  ANALOG),
 RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
   5.  THE  COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF THE COMMIS-
 SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
 THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF  WITNESSES  AND
 THE  GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
 TER OATHS IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE  DUTY  OF
 THE  COMMISSION  OR  OF ANY OFFICER, EMPLOYEE OR AGENT OF THE COMMISSION
 DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT  THE
 REQUEST  OF  AND  UPON  BEHALF OF THE LICENSEE, REGISTRANT OR APPLICANT.
 THE COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE  BOUND
 BY  COMMON  LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL OR FORMAL
 RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
   6. UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE  SUCH
 ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
 EXECUTE  AN  ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION IN THE
 CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
 ING OR DENIAL THEREOF. THE ACTION IN THE CASE OF  A  LICENSEE  SHALL  BE
 REVOCATION  OF  THE  LICENSE OR SUSPENSION THEREOF FOR A FIXED PERIOD OR
 REPRIMAND OR A DISMISSAL OF THE CHARGES. THE ACTION IN  THE  CASE  OF  A
 REGISTERED  LONGSHOREMAN SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND OR
 REMOVAL FROM THE LONGSHOREMEN'S REGISTER FOR A FIXED  PERIOD  OR  PERMA-
 NENTLY.
   7.  THE  ACTION  OF  THE  COMMISSION  IN DENYING ANY APPLICATION FOR A
 LICENSE OR IN REFUSING TO  INCLUDE  ANY  PERSON  IN  THE  LONGSHOREMEN'S
 REGISTER  UNDER  THIS  ACT  OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
 REMOVING ANY PERSON FROM THE LONGSHOREMEN'S REGISTER OR IN  REPRIMANDING
 A  LICENSEE  OR  REGISTRANT  SHALL  BE  SUBJECT  TO JUDICIAL REVIEW BY A
 PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE  OF  THE  APPLICANT,
 LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
 THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
 ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
 POWER  TO  STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
 SUSPENDING OR REVOKING A LICENSE OR REMOVING  A  LONGSHOREMAN  FROM  THE
 LONGSHOREMEN'S REGISTER.
   8.  AT  HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO THIS SECTION,
 APPLICANTS, PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL  HAVE
 THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
   9.  AFTER  THE  CONCLUSION  OF A HEARING BUT PRIOR TO THE MAKING OF AN
 ORDER BY THE COMMISSION,  A  HEARING  MAY,  UPON  PETITION  AND  IN  THE
 DISCRETION  OF  THE HEARING OFFICER, BE REOPENED FOR THE PRESENTATION OF
 ADDITIONAL EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE  IN
 DETAIL  THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE REASONS
 FOR THE FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION  OF  THE
 HEARING.  THE  COMMISSION  MAY  UPON  ITS OWN MOTION AND UPON REASONABLE
 NOTICE REOPEN A HEARING FOR THE  PRESENTATION  OF  ADDITIONAL  EVIDENCE.
 UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
 MAY  BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION FOR
 REHEARING SHALL STATE IN DETAIL THE GROUNDS UPON WHICH THE  PETITION  IS
 BASED  AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT ALLEGED
 TO HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER  WITH
 THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
 S. 8308--A                         52                         A. 8808--A
 
 WITH  THE  COMMISSION  NOT  LATER THAN THIRTY DAYS AFTER SERVICE OF SUCH
 ORDER, UNLESS THE  COMMISSION  FOR  GOOD  CAUSE  SHOWN  SHALL  OTHERWISE
 DIRECT.   THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING AFTER
 THE MAKING OF AN ORDER.
   § 534-O. EMPLOYMENT  INFORMATION  CENTERS.  1.  THE  COMMISSION  SHALL
 ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
 THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT  MAY
 DETERMINE.  NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
 WORK  AS  A  LONGSHOREMAN  OR  PORT WATCHMAN WITHIN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT INFOR-
 MATION CENTER OR CENTERS AS MAY BE PRESCRIBED BY  THE  COMMISSION.    NO
 PERSON  SHALL  ACCEPT  ANY EMPLOYMENT AS A LONGSHOREMAN OR PORT WATCHMAN
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH  SUCH
 AN  EMPLOYMENT  INFORMATION CENTER.  AT EACH SUCH EMPLOYMENT INFORMATION
 CENTER THE COMMISSION SHALL KEEP AND EXHIBIT THE LONGSHOREMEN'S REGISTER
 AND ANY OTHER RECORDS IT SHALL DETERMINE TO THE  END  THAT  LONGSHOREMEN
 AND  PORT  WATCHMEN  SHALL  HAVE THE MAXIMUM INFORMATION AS TO AVAILABLE
 EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE PORT OF NEW YORK  DISTRICT  IN
 THIS STATE AND TO THE END THAT EMPLOYERS SHALL HAVE AN ADEQUATE OPPORTU-
 NITY  TO  FILL  THEIR  REQUIREMENTS  OF REGISTERED LONGSHOREMEN AND PORT
 WATCHMEN AT ALL TIMES.
   2. EVERY EMPLOYER OF LONGSHOREMEN OR PORT WATCHMEN WITHIN THE PORT  OF
 NEW YORK DISTRICT IN THIS STATE SHALL FURNISH SUCH INFORMATION AS MAY BE
 REQUIRED  BY THE RULES AND REGULATIONS PRESCRIBED BY THE COMMISSION WITH
 REGARD TO THE NAME OF EACH PERSON HIRED AS A LONGSHOREMAN OR PORT WATCH-
 MAN, THE TIME AND PLACE OF HIRING, THE TIME, PLACE AND  HOURS  OF  WORK,
 AND THE COMPENSATION THEREFOR.
   § 534-P. IMPLEMENTATION  OF TELECOMMUNICATIONS HIRING SYSTEM FOR LONG-
 SHOREMEN  AND  CHECKERS;  REGISTRATION  OF   TELECOMMUNICATIONS   SYSTEM
 CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
 MATION  CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER SECTION
 FIVE HUNDRED THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION  OF  A
 TELECOMMUNICATIONS HIRING SYSTEM THROUGH WHICH LONGSHOREMEN AND CHECKERS
 MAY  BE  HIRED  AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEARANCE AT
 SAID CENTER.  ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM  SHALL  INCORPO-
 RATE HIRING AND SENIORITY AGREEMENTS BETWEEN THE EMPLOYERS OF LONGSHORE-
 MEN  AND  CHECKERS  AND THE LABOR ORGANIZATION REPRESENTING LONGSHOREMEN
 AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN  THIS  STATE,  PROVIDED
 SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS OF THE ARTICLE.
   2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
 ING EMPLOYERS OF LONGSHOREMEN AND CHECKERS AND OF THE LABOR ORGANIZATION
 REPRESENTING  LONGSHOREMEN AND CHECKERS IN THE PORT OF NEW YORK DISTRICT
 IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND LABOR  ORGAN-
 IZATION,  TO  PARTICIPATE  IN  THE  OPERATION OF SAID TELECOMMUNICATIONS
 HIRING SYSTEM, PROVIDED THAT ANY SUCH  EMPLOYEE  IS  REGISTERED  BY  THE
 COMMISSION  AS  A  "TELECOMMUNICATIONS  SYSTEM CONTROLLER" IN ACCORDANCE
 WITH THE PROVISIONS, STANDARDS AND GROUNDS SET FORTH  IN  THE  ACT  WITH
 RESPECT  TO  THE  REGISTRATION  OF  CHECKERS.   NO PERSON SHALL ACT AS A
 "TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS  SO  REGIS-
 TERED.   ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
 OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
 IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N  OF  THIS
 ARTICLE.   ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
 COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
   3. ANY AND  ALL  RECORDS,  DOCUMENTS,  TAPES,  DISCS  AND  OTHER  DATA
 COMPILED,  COLLECTED  OR  MAINTAINED  BY  SAID ASSOCIATION OF EMPLOYERS,
 S. 8308--A                         53                         A. 8808--A
 
 LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR  ORGAN-
 IZATION  PERTAINING  TO  THE  TELECOMMUNICATIONS  HIRING SYSTEM SHALL BE
 AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY  THE  COMMIS-
 SION.
   § 534-Q. CONSTRUCTION  OF  ACT.  1. THIS ACT IS NOT DESIGNED AND SHALL
 NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED  FROM
 ANY  OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
 ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
 VIDUALLY, COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER  REPRE-
 SENTATIVES  OF  THEIR OWN CHOOSING.   WITHOUT LIMITING THE GENERALITY OF
 THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
 IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
   2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
 WAY ANY RIGHTS OF LONGSHOREMEN, HIRING AGENTS, PIER SUPERINTENDENTS   OR
 PORT WATCHMEN OR THEIR EMPLOYERS TO BARGAIN COLLECTIVELY AND AGREE  UPON
 ANY  METHOD  FOR  THE  SELECTION  OF SUCH EMPLOYEES BY WAY OF SENIORITY,
 EXPERIENCE, REGULAR GANGS OR OTHERWISE,  PROVIDED  THAT  SUCH  EMPLOYEES
 SHALL BE LICENSED OR REGISTERED HEREUNDER AND SUCH LONGSHOREMEN AND PORT
 WATCHMEN  SHALL BE HIRED ONLY THROUGH THE EMPLOYMENT INFORMATION CENTERS
 ESTABLISHED HEREUNDER AND THAT ALL  OTHER  PROVISIONS  OF  THIS  ACT  BE
 OBSERVED.
   § 534-R. CERTAIN  SOLICITATIONS  PROHIBITED;  PROHIBITION  AGAINST THE
 HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
 CONVICTED OF CERTAIN CRIMES AND OFFENSES. 1. NO  PERSON  SHALL  SOLICIT,
 COLLECT  OR  RECEIVE  ANY  DUES,  ASSESSMENTS, LEVIES, FINES OR CONTRIB-
 UTIONS, OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY  LABOR
 ORGANIZATION  WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED PURSUANT
 TO THE PROVISIONS OF THIS ARTICLE OR WHICH DERIVES ITS  CHARTER  FROM  A
 LABOR  ORGANIZATION  REPRESENTING ONE HUNDRED OR MORE OF SUCH REGISTERED
 OR LICENSED EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF  SUCH  LABOR
 ORGANIZATION,  OR  OF  A WELFARE FUND OR TRUST ADMINISTERED PARTIALLY OR
 ENTIRELY BY SUCH LABOR ORGANIZATION OR  BY  TRUSTEES  OR  OTHER  PERSONS
 DESIGNATED  BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT OF
 THE UNITED STATES, OR ANY STATE OR TERRITORY THEREOF, OF A  FELONY,  ANY
 MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
 IN  PARAGRAPH  (B)  OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-
 FOUR-J OF  THIS  ARTICLE,  UNLESS  SUCH  PERSON  HAS  BEEN  SUBSEQUENTLY
 PARDONED  THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE
 STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
 CERTIFICATE OF GOOD CONDUCT FROM THE BOARD OF  PAROLE  PURSUANT  TO  THE
 PROVISIONS  OF  THE EXECUTIVE LAW TO REMOVE THE DISABILITY. NO PERSON SO
 CONVICTED SHALL SERVE AS AN OFFICER, AGENT OR  EMPLOYEE  OF  SUCH  LABOR
 ORGANIZATION,  WELFARE  FUND  OR  TRUST  UNLESS  SUCH PERSON HAS BEEN SO
 PARDONED OR HAS RECEIVED A  CERTIFICATE  OF  GOOD  CONDUCT.  NO  PERSON,
 INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
 LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
 EMPLOYMENT IN VIOLATION OF THIS SECTION.
   2.  AS  USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION" SHALL MEAN
 AND INCLUDE ANY ORGANIZATION WHICH EXISTS AND  IS  CONSTITUTED  FOR  THE
 PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
 EMPLOYERS  CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT, OR
 OF OTHER MUTUAL AID OR  PROTECTION; BUT IT SHALL NOT  INCLUDE  A  FEDER-
 ATION  OR  CONGRESS  OF  LABOR  ORGANIZATIONS ORGANIZED ON A NATIONAL OR
 INTERNATIONAL BASIS EVEN THOUGH ONE OF ITS CONSTITUENT  LABOR  ORGANIZA-
 TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
 S. 8308--A                         54                         A. 8808--A
 
   3.  ANY  PERSON  WHO  SHALL  VIOLATE THIS SECTION SHALL BE GUILTY OF A
 MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN FIVE  HUNDRED  DOLLARS
 OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
   4.  IF  UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO HAS BEEN
 CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN  SUBDIVISION  ONE  OF  THIS
 SECTION  THE  COMMISSION, IN ITS DISCRETION, DETERMINES IN AN ORDER THAT
 IT WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT  FOR
 SUCH  EMPLOYEE  TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR ORGANIZA-
 TION, WELFARE FUND OR  TRUST  WITHIN  THE  MEANING OF SUBDIVISION TWO OF
 THIS SECTION, THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION  SHALL
 NOT  APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT TO
 SUCH CONVICTION OR CONVICTIONS AS  ARE  SPECIFIED  IN  THE  COMMISSION'S
 ORDER.  THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR WAGES
 OR SALARY PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A  ROUTINE  OR
 CLERICAL  NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE FUND
 OR TRUST BY WHICH THEY ARE EMPLOYED.
   5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
 SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
 OFFICER, AGENT OR EMPLOYEE OF A  LABOR  ORGANIZATION,  WELFARE  FUND  OR
 TRUST  UNLESS  SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR SUCH CRIME
 OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF  THE  STATE
 OR  JURISDICTION  IN  WHICH  SUCH  CONVICTION  WAS HAD OR HAS RECEIVED A
 CERTIFICATE OF GOOD CONDUCT OR OTHER RELIEF  FROM  DISABILITIES  ARISING
 FROM  THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR AUTHORITY
 OR HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER  OF
 EXCEPTION  FROM THE COMMISSION.   NO PERSON, INCLUDING A LABOR ORGANIZA-
 TION, WELFARE FUND OR TRUST WITHIN THE MEANING  OF  SUBDIVISION  ONE  OF
 THIS  SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR HOLD
 ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
   6. THE COMMISSION MAY MAINTAIN A  CIVIL  ACTION  AGAINST  ANY  PERSON,
 LABOR  ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO COMPEL
 COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS,  THE  AIDING
 AND  ABETTING  THEREOF,  OR  ANY  ATTEMPT  OR CONSPIRACY TO VIOLATE THIS
 SECTION, EITHER BY MANDAMUS, INJUNCTION OR ACTION OR PROCEEDING IN  LIEU
 OF  PREROGATIVE  WRIT  AND UPON A PROPER SHOWING A TEMPORARY RESTRAINING
 ORDER OR OTHER APPROPRIATE TEMPORARY ORDER SHALL BE GRANTED EX PARTE AND
 WITHOUT BOND PENDING FINAL HEARING AND DETERMINATION.  NOTHING  IN  THIS
 SECTION  SHALL  BE CONSTRUED TO MODIFY, LIMIT OR RESTRICT IN ANY WAY THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   § 534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES. 1.  THE  FAILURE
 OF  ANY  WITNESS,  WHEN  DULY  SUBPOENAED  TO  ATTEND, GIVE TESTIMONY OR
 PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
 BY THE SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID  FAILURE  IS
 PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
   2.  ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
 ANY SUCH HEARING, SHALL WILLFULLY GIVE  FALSE  TESTIMONY  OR  WHO  SHALL
 WILLFULLY  MAKE  OR  FILE  ANY  FALSE  OR FRAUDULENT REPORT OR STATEMENT
 REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
 OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
   3.  ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
 ANY INVESTIGATION,  INTERVIEW  OR  OTHER  PROCEEDING  CONDUCTED  BY  THE
 COMMISSION  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE, SHALL WILLFULLY
 GIVE FALSE TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE  BY  A
 FINE  OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE
 THAN ONE YEAR OR BOTH.
 S. 8308--A                         55                         A. 8808--A
 
   4. THE COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF  THE  STATE
 AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
 SECTION  OR  WHO  FAILS,  OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
 WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
 A  MONEY  PENALTY  NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH AND EVERY
 OFFENSE.  EVERY VIOLATION OF ANY SUCH  PROVISION,  ORDER  OR  DIRECTION,
 SHALL  BE  A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF A CONTINUING
 VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A  SEPA-
 RATE  AND  DISTINCT  OFFENSE.    ANY  SUCH  ACTION MAY BE COMPROMISED OR
 DISCONTINUED ON APPLICATION OF THE COMMISSION UPON  SUCH  TERMS  AS  THE
 COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
 THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
   5.  THE  COMMISSION  MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON TO
 COMPEL COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS ACT OR  TO  PREVENT
 VIOLATIONS,  ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS, OR
 INTERFERENCE, ATTEMPTS OR CONSPIRACIES TO INTERFERE WITH OR  IMPEDE  THE
 ENFORCEMENT  OF  ANY  SUCH PROVISIONS OR THE EXERCISE PERFORMANCE OF ANY
 POWER OR DUTY THEREUNDER,  EITHER BY MANDAMUS, INJUNCTION OR  ACTION  OR
 PROCEEDING IN LIEU OF PREROGATIVE WRIT.
   6.  ANY  PERSON  WHO  VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
 OTHER PROVISION OF THIS  ARTICLE  SHALL  BE  GUILTY  OF  A  MISDEMEANOR,
 PUNISHABLE  BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRI-
 SONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   7. ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY  REGISTRATION
 OF  LONGSHOREMEN PURSUANT TO THIS ACT OR WHO CONSPIRES TO OR ATTEMPTS TO
 INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL BE GUILTY OF  A  MISDE-
 MEANOR, PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY
 IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   8.  ANY  PERSON  WHO  DIRECTLY  OR INDIRECTLY INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN  ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  UPON  OR  AGAINST  ANY PERSON IN ORDER TO INDUCE OR
 COMPEL SUCH PERSON OR ANY  OTHER  PERSON  TO  REFRAIN  FROM  REGISTERING
 PURSUANT  TO  THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
 FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT
 MORE THAN ONE YEAR, OR BOTH.
   9.  ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
 OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE  FOR  WHICH  NO
 OTHER  PENALTY IS  PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
 BLE BY A FINE OF NOT  MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT
 FOR NOT MORE THAN ONE YEAR, OR BOTH.
   10.  NO  PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
 ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE,  OR  OTHER
 WATERFRONT  FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
 OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
   11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN  LAW,  DIRECTLY
 OR INDIRECTLY INTIMIDATES OR  INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
 ECONOMIC  REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
 SION, OR ANY OTHER PERSON, OR  ATTEMPTS, CONSPIRES OR  THREATENS  SO  TO
 DO,  IN  ORDER  TO INTERFERE WITH,  IMPEDE OR INFLUENCE SUCH LICENSED OR
 REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
 OR OBLIGATIONS SHALL BE PUNISHABLE AS PROVIDED IN SUBDIVISION  THREE  OF
 SECTION FIVE HUNDRED THIRTY-FOUR-R    OF THIS ARTICLE.
   12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
 ONLY  A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY LAW,
 WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
 VIOLATION.
 S. 8308--A                         56                         A. 8808--A
 
   § 534-T. DENIAL OF APPLICATIONS. IN ADDITION TO THE GROUNDS  ELSEWHERE
 SET  FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR A
 LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
   1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
 RY THEREOF OF COERCION;
   2.  CONVICTION  BY  ANY  SUCH  COURT,  AFTER  HAVING  BEEN  PREVIOUSLY
 CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
 THIS ARTICLE, OF  A  MISDEMEANOR  OR  ANY  OF  THE  FOLLOWING  OFFENSES:
 ASSAULT,  MALICIOUS  INJURY  TO  PROPERTY,  MALICIOUS MISCHIEF, UNLAWFUL
 TAKING OF A MOTOR VEHICLE, CORRUPTION  OF  EMPLOYEES  OR  POSSESSION  OF
 LOTTERY OR NUMBER SLIPS;
   3.  FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
 TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING  OR  PROCEEDING
 CONDUCTED BY THE COMMISSION;
   4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
 UNDER THIS ARTICLE;
   5.  REFUSAL  ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
 OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED  BY  SUBDIVISION  TWO  OF
 SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
 FIED  IN AN APPLICATION FOR A  STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
 QUESTION OR  PRODUCE  ANY  MATERIAL  EVIDENCE  IN  CONNECTION  WITH  THE
 PERSON'S APPLICATION OR ANY APPLICATION  MADE ON THE PERSON'S BEHALF FOR
 A LICENSE OR REGISTRATION PURSUANT TO THIS ARTICLE;
   6.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH  ASSOCIATION
 CREATES  A  REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
 ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE  INIMI-
 CAL TO  THE POLICIES OF THIS ARTICLE; OR
   7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER  CIRCUMSTANCES
 WHERE  SUCH  ASSOCIATION  CREATES  A  REASONABLE BELIEF THAT THE PARTIC-
 IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE  LICENSED  UNDER
 THIS ARTICLE WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
   § 534-U. REVOCATION  OF LICENSES AND REGISTRATIONS. IN ADDITION TO THE
 GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
 ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED  OR  SUSPENDED  FOR  SUCH
 PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
 REGISTRANT MAY BE REPRIMANDED, FOR:
   1.  CONVICTION  OF ANY CRIME OR OFFENSE IN RELATION TO GAMBLING, BOOK-
 MAKING, POOL SELLING, LOTTERIES OR SIMILAR CRIMES  OR  OFFENSES  IF  THE
 CRIME  OR  OFFENSE  WAS  COMMITTED  AT  OR ON A PIER OR OTHER WATERFRONT
 TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
   2. WILLFUL COMMISSION OF, OR WILLFUL ATTEMPT TO  COMMIT  AT  OR  ON  A
 WATERFRONT  TERMINAL  OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
 ANY OTHER PERSON OR OF WILLFUL DAMAGE  TO  OR  MISAPPROPRIATION  OF  ANY
 OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
   3.  RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
 THAN A LICENSEE'S OR REGISTRANT'S  EMPLOYER  AS  CONSIDERATION  FOR  THE
 SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
   4. COERCION OF A LICENSEE OR REGISTRANT BY THREAT OF DISCRIMINATION OR
 VIOLENCE  OR ECONOMIC REPRISAL, TO MAKE PURCHASES FROM OR TO UTILIZE THE
 SERVICES OF ANY PERSON;
 S. 8308--A                         57                         A. 8808--A
 
   5. REFUSAL TO ANSWER ANY MATERIAL QUESTION  OR  PRODUCE  ANY  EVIDENCE
 LAWFULLY  REQUIRED  TO  BE  ANSWERED  OR  PRODUCED AT ANY INVESTIGATION,
 INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE  COMMISSION  PURSUANT  TO
 THE  PROVISIONS  OF  THIS  ACT,  OR, IF SUCH REFUSAL IS ACCOMPANIED BY A
 VALID  PLEA  OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
 ORDER TO ANSWER SUCH QUESTION OR  PRODUCE  SUCH  EVIDENCE  MADE  BY  THE
 COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
 HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
   6.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH  ASSOCIATION
 CREATES  A  REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
 ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
 THE POLICIES OF THIS ARTICLE; OR
   7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON WHO HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A  COURT  OF
 THE  UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER CIRCUMSTANCES
 WHERE SUCH ASSOCIATION CREATES A  REASONABLE  BELIEF  THAT  THE  PARTIC-
 IPATION  OF  THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE LICENSED UNDER
 THIS ACT WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
   § 534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN  ANY
 INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
 COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
 A  PERSON  REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY OTHER
 KIND ON THE GROUND THAT THE PERSON MAY  BE  INCRIMINATED  THEREBY,  AND,
 NOTWITHSTANDING  SUCH  REFUSAL, AN ORDER IS MADE UPON TWENTY-FOUR HOURS'
 PRIOR WRITTEN NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF  NEW  YORK,
 AND  TO  THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
 CIAL INTEREST THEREIN, BY THE  COMMISSIONER  OR  BY  THE  COMMISSIONER'S
 DESIGNEES  APPOINTED  PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
 SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS  ARTICLE,  THAT  SUCH  PERSON
 ANSWER  THE  QUESTION  OR PRODUCE THE EVIDENCE, SUCH PERSON SHALL COMPLY
 WITH THE ORDER.  IF SUCH PERSON COMPLIES WITH THE ORDER, AND IF, BUT FOR
 THIS SUBDIVISION, WOULD HAVE BEEN  PRIVILEGED  TO  WITHHOLD  THE  ANSWER
 GIVEN  OR  THE  EVIDENCE  PRODUCED BY THE PERSON, THEN IMMUNITY SHALL BE
 CONFERRED UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION.   "IMMUNITY"
 AS  USED  IN THIS SUBDIVISION MEANS THAT SUCH PERSON SHALL NOT BE PROSE-
 CUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF ANY
 TRANSACTION, MATTER OR THING CONCERNING WHICH, IN  ACCORDANCE  WITH  THE
 ORDER BY THE COMMISSION OR THE COMMISSIONER'S DESIGNEES APPOINTED PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIR-
 TY-FOUR-C OF THIS ARTICLE, SUCH PERSON GAVE ANSWER OR PRODUCED EVIDENCE,
 AND  THAT  NO  SUCH  ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE RECEIVED
 AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING.   BUT  THE  PERSON  MAY
 NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
 PERJURY  OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN
 PRODUCING OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE  ORDER,
 AND  ANY  SUCH  ANSWER  GIVEN  OR  EVIDENCE PRODUCED SHALL BE ADMISSIBLE
 AGAINST THE PERSON UPON ANY CRIMINAL PROCEEDING CONCERNING SUCH  PERJURY
 OR  CONTEMPT.  IMMUNITY SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.   IF, AFTER  COMPLI-
 ANCE  WITH  THE  PROVISIONS  OF THIS SUBDIVISION, A PERSON IS ORDERED TO
 ANSWER A QUESTION OR PRODUCE EVIDENCE OF ANY  OTHER  KIND  AND  COMPLIES
 WITH  SUCH  ORDER,  AND  IT  IS  THEREAFTER DETERMINED THAT THE ATTORNEY
 GENERAL OR APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING  AN  OFFI-
 S. 8308--A                         58                         A. 8808--A
 
 CIAL  INTEREST  THEREIN  NOT NOTIFIED, SUCH FAILURE OR NEGLECT SHALL NOT
 DEPRIVE SUCH PERSON OF ANY IMMUNITY OTHERWISE  PROPERLY  CONFERRED  UPON
 THE PERSON.
   2.  IF  A  PERSON,  IN OBEDIENCE TO A SUBPOENA DIRECTING THE PERSON TO
 ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
 SHALL NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT  TO
 ARREST  OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION WITH
 MATTERS WHICH AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS  STATE  UNDER
 THE SUBPOENA.
   § 534-W. ANNUAL  PREPARATION  OF  A BUDGET REQUEST AND ASSESSMENTS. 1.
 THE COMMISSION SHALL ANNUALLY SUBMIT A BUDGET REQUEST,  WHICH  SHALL  BE
 SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
 REQUIRE.
   2.  AFTER  TAKING  INTO  ACCOUNT  SUCH  FUNDS AS MAY BE AVAILABLE, THE
 BALANCE OF THE COMMISSION'S BUDGETED EXPENSES  SHALL  BE  ASSESSED  UPON
 EMPLOYERS  OF  PERSONS REGISTERED OR LICENSED UNDER THIS ACT.  EACH SUCH
 EMPLOYER SHALL  PAY  AN  ASSESSMENT  COMPUTED  UPON  THE  GROSS  PAYROLL
 PAYMENTS  MADE  BY  SUCH EMPLOYER TO LONGSHOREMEN, PIER SUPERINTENDENTS,
 HIRING AGENTS AND PORT WATCHMEN FOR WORK OR LABOR PERFORMED  WITHIN  THE
 PORT OF NEW YORK DISTRICT IN THIS STATE, AT A RATE, NOT IN EXCESS OF TWO
 PER  CENT,  COMPUTED  BY  THE  COMMISSION  IN  THE FOLLOWING MANNER: THE
 COMMISSION SHALL ANNUALLY ESTIMATE THE GROSS PAYROLL PAYMENTS TO BE MADE
 BY EMPLOYERS SUBJECT TO ASSESSMENT AND  SHALL  COMPUTE  A  RATE  THEREON
 WHICH  WILL YIELD REVENUES SUFFICIENT TO FINANCE THE COMMISSION'S BUDGET
 FOR EACH YEAR.  SUCH BUDGET TO BE ASSESSED UPON EMPLOYERS MAY INCLUDE  A
 REASONABLE  AMOUNT  NOT  TO EXCEED TEN PERCENT OF THE TOTAL OF ALL OTHER
 ITEMS OF EXPENDITURE CONTAINED THEREIN, WHICH SHALL BE ALLOCATED  TO  AN
 APPLICABLE FUND BALANCE TO BE HELD IN THE COMMISSION'S EMPLOYERS ASSESS-
 MENT ACCOUNT.
   3.  THE  COMMISSION  MAY  PROVIDE BY REGULATION FOR THE COLLECTION AND
 AUDITING OF ASSESSMENTS.  SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT  TO
 SUCH  PROVISIONS  FOR ADMINISTRATION, COLLECTION AND  ENFORCEMENT AS THE
 STATE MAY PROVIDE BY LEGISLATION.   IN ADDITION TO  ANY  OTHER  SANCTION
 PROVIDED  BY  LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY LICENSE HELD
 BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
 PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
 MENT WHEN DUE.
   4. THE ASSESSMENT PURSUANT TO THIS SECTION SHALL BE  IN  LIEU  OF  ANY
 OTHER  CHARGE  FOR  THE  ISSUANCE OF LICENSES TO STEVEDORES, PIER SUPER-
 INTENDENTS, HIRING AGENTS AND PIER WATCHMEN OR FOR THE  REGISTRATION  OF
 LONGSHOREMEN  OR  THE  USE  OF  AN  EMPLOYMENT INFORMATION CENTER.   THE
 COMMISSION SHALL ESTABLISH REASONABLE PROCEDURES FOR  THE  CONSIDERATION
 OF  PROTESTS BY AFFECTED EMPLOYERS CONCERNING THE ESTIMATES AND COMPUTA-
 TION OF THE RATE OF ASSESSMENT.
   § 534-X. PAYMENT  OF  ASSESSMENT.  1.  EVERY  PERSON  SUBJECT  TO  THE
 PAYMENT  OF  ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION FIVE HUNDRED
 THIRTY-FOUR-W OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH  DAY
 OF  THE  FIRST  MONTH  OF  EACH CALENDAR QUARTER-YEAR A SEPARATE RETURN,
 TOGETHER WITH THE PAYMENT OF  THE  ASSESSMENT  DUE,  FOR  THE  PRECEDING
 CALENDAR  QUARTER-YEAR  DURING  WHICH  ANY PAYROLL PAYMENTS WERE MADE TO
 LONGSHOREMEN, PIER SUPERINTENDENTS, HIRING AGENTS OR PORT  WATCHMEN  FOR
 WORK  PERFORMED  AS  SUCH  WITHIN  THE PORT OF NEW YORK DISTRICT IN THIS
 STATE.  RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL BE FILED
 WITH THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND  SHALL
 CONTAIN  SUCH  DATA, INFORMATION OR MATTER AS THE COMMISSION MAY REQUIRE
 TO BE INCLUDED THEREIN.  THE COMMISSION MAY GRANT A REASONABLE EXTENSION
 S. 8308--A                         59                         A. 8808--A
 
 OF TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF  ASSESSMENT,  WHENEVER
 GOOD  CAUSE  EXISTS.   EVERY RETURN SHALL HAVE ANNEXED THERETO A CERTIF-
 ICATION TO THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.
   2.  EVERY  PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
 KEEP AN ACCURATE RECORD OF THAT  PERSON'S  EMPLOYMENT  OF  LONGSHOREMEN,
 PIER  SUPERINTENDENTS,  HIRING AGENTS OR PORT WATCHMEN, WHICH SHALL SHOW
 THE AMOUNT OF COMPENSATION  PAID  AND  SUCH  OTHER  INFORMATION  AS  THE
 COMMISSION MAY REQUIRE.  SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD OF
 THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES.  THE COMMIS-
 SION  MAY  CONSENT  TO  THE  DESTRUCTION OF ANY SUCH RECORDS AT ANY TIME
 AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER,  BUT  NOT  IN
 EXCESS OF SIX YEARS.
   3.  (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
 MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS  IS  AVAIL-
 ABLE  TO  IT.  WHENEVER  A  DEFICIENCY  IN  PAYMENT OF THE ASSESSMENT IS
 DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
 THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
 SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
 SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE  OF  SUCH  DETERMI-
 NATION,  APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
 COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME.  AFTER SUCH HEARING,
 THE COMMISSION SHALL GIVE NOTICE OF ITS DECISION TO  THE  PERSON  LIABLE
 THEREFOR.  A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL BE
 SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
 IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION.   ANY DETER-
 MINATION UNDER THIS SECTION SHALL BE MADE WITHIN  FIVE  YEARS  FROM  THE
 TIME  THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH DETERMINATION
 MAY BE MADE AT ANY TIME.
   (B) ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE  GIVEN
 BY  MAILING  THE  SAME TO THE PERSON FOR WHOM IT IS INTENDED AT THE LAST
 ADDRESS GIVEN BY THAT PERSON TO THE COMMISSION, OR IN  THE  LAST  RETURN
 FILED  BY  THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR, IF NO
 RETURN HAS BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE.     THE
 MAILING  OF  SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE RECEIPT OF
 SAME BY THE PERSON TO WHOM ADDRESSED.   ANY PERIOD  OF  TIME,  WHICH  IS
 DETERMINED  ACCORDING  TO THE PROVISIONS OF THIS SECTION, FOR THE GIVING
 OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
   4. WHENEVER ANY PERSON SHALL FAIL TO  PAY,  WITHIN  THE  TIME  LIMITED
 HEREIN,  ANY  ASSESSMENT  WHICH  THE  PERSON  IS  REQUIRED TO PAY TO THE
 COMMISSION UNDER THE PROVISIONS  OF  THIS  SECTION  THE  COMMISSION  MAY
 ENFORCE  PAYMENT  OF  SUCH  FEE  BY  CIVIL ACTION FOR THE AMOUNT OF SUCH
 ASSESSMENT WITH INTEREST AND PENALTIES.
   5. THE EMPLOYMENT BY A NONRESIDENT OF A LONGSHOREMAN,  OR  A  LICENSED
 PIER  SUPERINTENDENT, HIRING AGENT OR PORT WATCHMAN IN THIS STATE OR THE
 DESIGNATION BY A NONRESIDENT OF  A  LONGSHOREMAN,  PIER  SUPERINTENDENT,
 HIRING  AGENT  OR  PORT  WATCHMAN TO PERFORM WORK IN THIS STATE SHALL BE
 DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT OF THE SECRETARY
 OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTORNEY UPON WHOM  MAY
 BE  SERVED  THE PROCESS IN ANY ACTION OR PROCEEDING AGAINST THE NONRESI-
 DENT GROWING  OUT OF ANY LIABILITY FOR ASSESSMENTS, PENALTIES OR  INTER-
 EST,  AND A  CONSENT THAT ANY SUCH PROCESS AGAINST THE NONRESIDENT WHICH
 IS SO SERVED SHALL BE OF THE SAME LEGAL FORCE AND VALIDITY AS IF  SERVED
 PERSONALLY  WITHIN  THE STATE AND WITHIN THE TERRITORIAL JURISDICTION OF
 THE COURT FROM WHICH THE PROCESS ISSUES.  SERVICE OF PROCESS WITHIN THIS
 STATE SHALL  BE MADE BY EITHER:
 S. 8308--A                         60                         A. 8808--A
 
   (A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY  OF  STATE
 DUPLICATE  COPIES  THEREOF  AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
 WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH  SEND  BY  REGISTERED
 MAIL ONE OF SUCH COPIES TO THE PERSON AT  THE LAST ADDRESS DESIGNATED BY
 THE  PERSON  TO THE COMMISSION FOR ANY PURPOSE  UNDER THIS SECTION OR IN
 THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION  WITH THE COMMIS-
 SION OR AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO  RETURN  HAS
 BEEN  FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR OUTSIDE
 OF THE STATE; OR
   (B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
 COPY THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY  DELIVERING
 A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE.  PROOF OF
 SUCH  PERSONAL  SERVICE  OUTSIDE  OF THE STATE   SHALL BE FILED WITH THE
 CLERK OF THE COURT IN WHICH THE PROCESS IS PENDING  WITHIN  THIRTY  DAYS
 AFTER  SUCH  SERVICE  AND  SUCH SERVICE SHALL BE COMPLETE TEN DAYS AFTER
 PROOF THEREOF IS FILED.
   6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
 ASSESSMENTS WERE PAID IN ERROR, IT MAY CAUSE THE SAME  TO  BE  REFUNDED,
 PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
 YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
   7.  IN  ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
 SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS  TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
 UNDER,  SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
 THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE    AMOUNT
 DUE  FOR  EACH  THIRTY  DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
 UNPAID.  THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
 SUCH PENALTY.
   9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
 TION OR SHALL  WILLFULLY  FAIL  TO  FURNISH  PERTINENT  INFORMATION,  AS
 REQUIRED,  WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
 OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   10.  ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY ASSESSMENT
 OR PENALTY UNDER THIS SECTION SHALL BE DEPOSITED  WITH THE  COMPTROLLER.
 THE  COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE  SECURED BY OBLI-
 GATIONS OF THE UNITED STATES OR OF THE STATE OF NEW YORK   OF  A  MARKET
 VALUE  EQUAL  AT  ALL TIMES TO THE AMOUNT OF THE DEPOSITS, AND ALL BANKS
 AND TRUST COMPANIES ARE AUTHORIZED TO  GIVE  SUCH    SECURITY  FOR  SUCH
 DEPOSITS.
   11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
 THE  COMMISSION  EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO SECTION FIVE
 HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
   § 534-Y. TRANSFER OF OFFICERS, EMPLOYEES. 1. ANY OFFICER  OR  EMPLOYEE
 IN   THE  STATE,  COUNTY  OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO
 SHALL TRANSFER TO  SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR  MORE
 LEAVES   OF   ABSENCE   WITHOUT  PAY  AND  MAY, BEFORE THE EXPIRATION OF
 SUCH LEAVE OR LEAVES OF   ABSENCE, AND WITHOUT  FURTHER  EXAMINATION  OR
 QUALIFICATION,  RETURN  TO THE PERSON'S  FORMER POSITION OR BE CERTIFIED
 BY THE APPROPRIATE CIVIL SERVICE  AGENCY  FOR  RETRANSFER  TO  A  COMPA-
 RABLE POSITION  IN  SUCH STATE, COUNTY, OR  MUNICIPAL CIVIL  SERVICE  IF
 SUCH A POSITION IS THEN AVAILABLE.
   2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
 ANY  OFFICER  OR EMPLOYEE   MAY TRANSFER TO SERVICE WITH THE COMMISSION,
 S. 8308--A                         61                         A. 8808--A

 MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
 SUCH FEDERAL AGENCY.
   3.  ANY  OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR MUNICIPAL SERVICE
 IN NEW YORK STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION  AND
 WHO  IS  A   MEMBER   OF THE NEW YORK STATE AND LOCAL RETIREMENT SYSTEM,
 SHALL CONTINUE TO HAVE ALL RIGHTS, PRIVILEGES,  OBLIGATIONS  AND  STATUS
 WITH  RESPECT  TO  SUCH SYSTEM AS PROVIDED UNDER THE NEW YORK RETIREMENT
 AND SOCIAL SECURITY LAW.
   § 3. Paragraphs (h) and (k) of subdivision 34 of section 1.20  of  the
 criminal  procedure  law, as amended by chapter 187 of the laws of 2023,
 are amended to read as follows:
   (h) An investigator employed by THE NEW YORK WATERFRONT COMMISSION  OR
 a  commission  created  by  an interstate compact[, or by section six of
 chapter eight hundred eighty-two of the laws of nineteen hundred  fifty-
 three,  constituting the waterfront commission act, as amended,] who is,
 to a substantial extent, engaged in the enforcement of the criminal laws
 of this state;
   (k) A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a  police
 force  of  a  public  authority created by an interstate compact[, or by
 section six of chapter eight hundred eighty-two of the laws of  nineteen
 hundred  fifty-three,  constituting  the  waterfront  commission act, as
 amended,] where such force is certified in accordance with paragraph (d)
 of subdivision one of section eight hundred forty-six-h of the executive
 law;
   § 4. Subdivision 34 of section 2.10 of the criminal procedure law,  as
 added by chapter 843 of the laws of 1980, is amended to read as follows:
   34.  NEW  YORK  Waterfront  [and  airport]  investigators, pursuant to
 [subdivision four of section ninety-nine hundred six  of  the  unconsol-
 idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
 that nothing in this subdivision shall be deemed to authorize such offi-
 cer  to carry, possess, repair or dispose of a firearm unless the appro-
 priate license therefor has been issued pursuant to  section  400.00  of
 the penal law.
   §  5.  Paragraph  k of subdivision 11 of section 302 of the retirement
 and social security law, as added by chapter 187 of the laws of 2023, is
 amended to read as follows:
   k. Service as an investigator or sworn officer of the NEW YORK  WATER-
 FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
 commission created by section six of chapter eight hundred eighty-two of
 the  laws  of  nineteen hundred fifty-three, constituting the waterfront
 commission act, as amended].
   § 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
 c section 381-b of the retirement and social security law, as amended by
 chapter 187 of the laws of 2023, are amended to read as follows:
   a. Membership. Every member or officer of the division of state police
 in the executive department who enters or re-enters service in the divi-
 sion on or after April first, nineteen  hundred  sixty-nine,  and  every
 investigator  or  sworn  officer  employed  by the commission created by
 section six of chapter eight hundred eighty-two of the laws of  nineteen
 hundred  fifty-three,  constituting  the  waterfront  commission act, as
 amended, on or after July first, two thousand  twenty-three,  AND  EVERY
 INVESTIGATOR  OR  SWORN  OFFICER  EMPLOYED  BY  THE  NEW YORK WATERFRONT
 COMMISSION  IN  THE  EXECUTIVE  DEPARTMENT  shall  be  covered  by   the
 provisions  of this section, and every member or officer of the division
 of state police in the executive department in such service on such date
 may elect to be covered by the provisions of this section by  filing  an
 S. 8308--A                         62                         A. 8808--A
 
 election  therefor with the comptroller on or before March thirty-first,
 nineteen hundred seventy-two. To be effective,  such  election  must  be
 duly executed and acknowledged on a form prepared by the comptroller for
 that purpose.
   (ii)  for  service rendered as an investigator or sworn officer of the
 waterfront commission of New York harbor, FOR  SERVICE  RENDERED  AS  AN
 INVESTIGATOR  OR  SWORN  OFFICER  OF THE NEW YORK WATERFRONT COMMISSION,
 [and] for service rendered as an investigator-trainee of the  waterfront
 commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
 TOR-TRAINEE  OF  THE NEW YORK WATERFRONT COMMISSION, that was creditable
 under subdivision w of section three hundred eighty-four-d of this arti-
 cle; and
   § 7. Subdivision w of section 384-d of the retirement and social secu-
 rity law, as added by chapter 407 of the laws of  2000,  is  amended  to
 read as follows:
   w.  Notwithstanding  any  other  provision of law to the contrary, any
 member of the New York state and local police and fire retirement system
 who was a member of the New York state and local  employees'  retirement
 system  while employed as an investigator-trainee, Waterfront Commission
 of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
 not deemed to be police service, who [is] ARE employed by the  NEW  YORK
 Waterfront  Commission [of New York Harbor], which is an employer elect-
 ing to participate in the optional twenty year retirement plan  pursuant
 to this section shall be deemed to have provided police service while so
 employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
 WATERFRONT  COMMISSION  and  shall receive creditable service in the New
 York state and local police and fire retirement system for prior credit-
 able service in the New  York  state  and  local  employees'  retirement
 system  earned  while employed as an investigator-trainee and shall have
 the period of such prior service credit counted as  police  service  for
 the  purpose  of  determining the amount of their pension and retirement
 allowance and period of service needed for retirement.
   § 8. Paragraph (c) of subdivision 1 of section 5 of the  tax  law,  as
 amended  by  chapter  170  of  the  laws  of 1994, is amended to read as
 follows:
   (c) "Covered agency" shall mean the state of New York, any  county  of
 the  state of New York, any department, board, bureau, commission, divi-
 sion, office, council or agency of the  state  or  any  such  county,  a
 public  authority,  a  public benefit corporation, the port authority of
 New York and New Jersey or the waterfront commission of New York harbor.
 When a county is wholly included within a city, then the  term  "county"
 shall  be  read to include the city. "COVERED AGENCY" SHALL ALSO INCLUDE
 THE NEW YORK WATERFRONT COMMISSION.
   § 9. Paragraph 8 of subdivision c of section 1105 of the tax  law,  as
 added by chapter 190 of the laws of 1990, is amended to read as follows:
   (8)  Protective and detective services, including, but not limited to,
 all services provided by or through alarm or protective systems of every
 nature, including, but not  limited  to,  protection  against  burglary,
 theft,  fire, water damage or any malfunction of industrial processes or
 any other malfunction of or damage to property  or  injury  to  persons,
 detective  agencies, armored car services and guard, patrol and watchman
 services of every nature other than the performance of such services  by
 a  port  watchman  licensed by the NEW YORK WATERFRONT COMMISSION OR THE
 waterfront commission of  New  York  harbor,  whether  or  not  tangible
 personal property is transferred in conjunction therewith.
   § 10. This act shall take effect June 30, 2024.
 S. 8308--A                         63                         A. 8808--A
 
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would create the New York Waterfront Commission and revise
 the Retirement and Social Security Law to make permanent the changes  of
 Chapter  187  Laws  of  2023, which added the titles of investigator and
 sworn officer employed by the Waterfront Commission Act,  to  the  defi-
 nition  of  membership  in  Section  381-b including making such service
 creditable under RSSL §381-b, and further expand creditable  service  to
 include service as an investigator-trainee.
   If this bill is enacted during the 2024 Legislative Session, we do not
 anticipate  any  additional cost to the State of New York or the partic-
 ipating employers in the New  York  State  and  Local  Police  and  Fire
 Retirement System.
   To  the  extent  that new members gain coverage under Section 381-b of
 the RSSL, we anticipate a contribution of 26.4% of salary paid to  newly
 eligible  members  for  the fiscal year ending March 31, 2025. In future
 years, this cost will vary but is expected to average  20.6%  of  salary
 annually.
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.    Distributions and other statistics can be found in the
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 Annual Report to the  Comptroller  on  Actuarial  Assumptions,  and  the
 Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated  January  13,  2024,  and intended for use only
 during the 2024  Legislative  Session,  is  Fiscal  Note  No.  2024-082,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
 
                                  PART M
 
   Section 1. Section 2 of part DDD of chapter 55 of  the  laws  of  2021
 amending    the    public   authorities law relating to the clean energy
 resources development and incentives program,  is  amended  to  read  as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [three years after such date] APRIL 19,  2030;  provided
 however,  that  the amendments to section 1902 of the public authorities
 law made by section one of this act shall not affect the repeal of  such
 section and shall be deemed repealed therewith.
   § 2. This act shall take effect immediately.
 
                                  PART N
 S. 8308--A                         64                         A. 8808--A
 
   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, 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 $28,725,000
 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
 2022.    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, 2024  and
 such  amounts  shall  be  paid to the New York state energy research and
 development authority on or before September 10, 2024.    Upon  receipt,
 the  New  York  state  energy  research  and development authority shall
 deposit such funds in the energy research and development operating fund
 established 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
 environmental  conservation  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 ascribable to  moneys  received  as  a  result  of  this
 assessment  by the chair of the department of public service pursuant to
 section 18-a of the public service law.    This  itemized  record  shall
 include  an  itemized  breakdown  of  the  programs being funded by this
 section and the amount committed to each program.  The  authority  shall
 not  commit  for any expenditure, any moneys derived from the assessment
 provided for in this section, until the chair of  such  authority  shall
 have  submitted,  and  the director of the budget shall have approved, a
 comprehensive financial plan encompassing 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 secretaries of the legislative fiscal committees. Any
 such amount not committed by such authority to contracts or contracts to
 be awarded or otherwise 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  corporations,  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, 2024.
 
                                  PART O
 S. 8308--A                         65                         A. 8808--A
 
   Section 1. Short title, legislative findings and declaration. This act
 shall be known and may be cited as the "renewable action through project
 interconnection and deployment (RAPID) act."    The  legislature  hereby
 finds and declares that:
   1. To timely achieve the renewable energy and greenhouse gas reduction
 targets  established  pursuant  to  the climate leadership and community
 protection act ("CLCPA"), while contemporaneously maintaining the  reli-
 ability of the state's electric transmission system, action is needed to
 consolidate  and  expedite  the  environmental  review and permitting of
 major renewable energy facilities  and  major  electric  utility  trans-
 mission facilities.
   2.  Since  enactment  of  the  CLCPA,  it has become apparent that the
 State's bulk and local transmission facilities need to be  significantly
 upgraded  to  deliver  renewable  energy  to  load.    These significant
 upgrades in the bulk and local transmission system must be undertaken in
 an expedited timeframe consistent with  the  timeframe  to  achieve  the
 CLCPA targets.
   3.  In  the  context  of  achieving the CLCPA targets, a public policy
 purpose would be served and the interests of the people of the state  of
 New York would be advanced by transferring the Office of Renewable Ener-
 gy  Siting  ("ORES"),  currently under the auspices of the Department of
 State, to the Department of Public Service ("DPS")  and  providing  such
 office with additional responsibilities for the review and permitting of
 major electric transmission facilities as set forth in this act.
   4.  The legislature finds that such a transfer would combine the long-
 standing expertise of DPS related to transmission siting,  planning  and
 compliance  with  environmental  and  reliability  standards with ORES's
 expertise related to the siting of renewable energy resources and, in so
 doing, create synergies, and otherwise provide for more efficient siting
 of major renewable energy and transmission facilities.
   § 2. Section 94-c of the executive law is REPEALED.
   § 3. Transfer of Office of Renewable Energy Siting.  ORES,  an  office
 established  in  the  Department  of  State by the Accelerated Renewable
 Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
 ter 58 of the laws of 2020, is hereby  transferred  to  and  established
 within  the  DPS,  and  shall  continue  to have all existing functions,
 powers, duties and obligations of ORES together with the new  additional
 functions, powers, duties and obligations set forth in this act.
   §  4.    Continuity  of  existing  functions, powers, duties and obli-
 gations.  All of the existing functions, powers, obligations, and duties
 granted to ORES by section 94-c of the executive law now  repealed,  are
 hereby  transferred,  and  shall be deemed to and held to constitute the
 continuation of such functions, powers, duties and obligations of  ORES,
 and not a different agency, authority, department or office.  All appli-
 cations  pending  before ORES on the effective date of this act shall be
 considered and treated as applications filed pursuant to this act as  of
 the date of filing of such applications.
   §  5.  Transfer of employees.  1. Upon the transfer of such functions,
 powers, duties and obligations pursuant to this act, provision shall  be
 made  for  the  transfer  of  all  employees of ORES situated within the
 department of state into DPS pursuant to subdivision 2 of section 70  of
 the  civil  service law.   Employees so transferred shall be transferred
 without further examination or qualification  to  the  same  or  similar
 titles,  shall  remain in the same collective bargaining units and shall
 retain their respective civil service classifications, status and rights
 S. 8308--A                         66                         A. 8808--A
 
 pursuant to their collective bargaining units and collective  bargaining
 agreements.
   2.    All    employees  hired after the effective date of this section
 shall, consistent with the provisions of article 14 of the civil service
 law, be classified in the same bargaining units.  Employees  other  than
 management or confidential persons as defined in article 14 of the civil
 service  law serving positions in newly created titles shall be assigned
 to the appropriate bargaining unit. Nothing contained  herein  shall  be
 construed to affect:
   (a) the rights of employees pursuant to a collective bargaining agree-
 ment; or
   (b) the representational relationships among employee organizations or
 the bargaining relationships between the state and an employee organiza-
 tion.
   §  6.  Transfer of records. All records, including but not limited to,
 books, papers, and property of ORES shall be transferred  and  delivered
 to DPS.
   §  7.  Transfer  and  continuation of regulations; conforming changes.
 Notwithstanding any inconsistent provision of the  state  administrative
 procedure  act:  all  rules  and regulations of ORES adopted at 19 NYCRR
 part 900 in force at the time of the  transfer  of  ORES  to  DPS  shall
 continue  in  full  force  and  effect  as  rules and regulations of the
 department until duly modified or abrogated by such department; 19 NYCRR
 part 900 shall be and hereby is transferred to 16 NYCRR part  XXX,  with
 such conforming changes as shall be required to reflect the transfer and
 relocation  of ORES to DPS as provided in this act, without the need for
 additional proceedings under the state administrative procedure act, and
 shall continue in full force and effect; and notwithstanding  article  8
 of  the environmental conservation law and its implementing regulations,
 the transfer of 19 NYCRR part 900 to 16 NYCRR part XXX  as  provided  in
 this  section  shall  be excluded from review for all purposes under the
 state environmental quality review act, and  shall  not  be  subject  to
 review  or  otherwise  actionable under article 78 of the civil practice
 law and rules.
   § 8. Promulgation of rules and regulations. Notwithstanding any incon-
 sistent provision of the state administrative procedure act, the ORES in
 consultation with DPS shall be authorized to promulgate  regulations  on
 an  emergency  basis to ensure the implementation of this act absent any
 finding of an emergency.
   § 9. Subdivisions 3, 4 and 13 of section 2 of the public service  law,
 subdivisions  3  and 4 as amended by chapter 843 of the laws of 1981 and
 subdivision 13 as amended by chapter  375  of  the  laws  of  2022,  are
 amended and a new subdivision 2-e is added to read as follows:
   2-E.  THE  TERM  "MAJOR  RENEWABLE ENERGY FACILITY," WHEN USED IN THIS
 CHAPTER, MEANS ANY RENEWABLE ENERGY SYSTEM, AS SUCH TERM IS  DEFINED  IN
 SECTION SIXTY-SIX-P OF THIS CHAPTER, WITH A NAMEPLATE GENERATING CAPACI-
 TY  OF TWENTY-FIVE THOUSAND KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM
 STORING ENERGY GENERATED FROM SUCH A RENEWABLE ENERGY  SYSTEM  PRIOR  TO
 DELIVERING  IT TO THE BULK TRANSMISSION SYSTEM, INCLUDING ALL ASSOCIATED
 APPURTENANCES TO ELECTRIC PLANTS, INCLUDING ELECTRIC TRANSMISSION FACIL-
 ITIES LESS THAN TEN MILES IN LENGTH IN ORDER TO PROVIDE ACCESS  TO  LOAD
 AND  TO  INTEGRATE SUCH FACILITIES INTO THE STATE'S BULK ELECTRIC TRANS-
 MISSION SYSTEM.
   3. The term "corporation," when  used  in  this  chapter,  includes  a
 corporation, company, association and joint-stock association other than
 a  corporation, company, association or joint stock association generat-
 S. 8308--A                         67                         A. 8808--A
 
 ing electricity, shaft horsepower, useful thermal energy or  gas  solely
 from  one  or  more  co-generation,  small  hydro  or  alternate  energy
 production facilities or  distributing  electricity,  shaft  horsepower,
 useful  thermal energy or gas solely from one or more of such facilities
 to users located at or near a  project  site;  PROVIDED,  HOWEVER,  THAT
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, THE TERM
 "CORPORATION" INCLUDES THE   HOLDER OF A CERTIFICATE  OR  PERMIT  ISSUED
 UNDER  ARTICLE  EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE THERETO,
 FOR A MAJOR RENEWABLE ENERGY FACILITY WITH AN ELECTRIC GENERATING CAPAC-
 ITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO
 ARTICLE EIGHT OF THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS
 TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
   4. The word "person," when used in this chapter, includes an  individ-
 ual,  firm  or co-partnership other than an individual, firm or co-part-
 nership generating electricity, shaft horsepower, useful thermal  energy
 or  gas  solely from one or more co-generation, small hydro or alternate
 energy production facilities or distributing electricity,  shaft  horse-
 power,  useful  thermal  energy  or  gas solely from one or more of such
 facilities to users located at or near a project site; provided,  howev-
 er,  that an individual, firm or co-partnership generating or distribut-
 ing electricity or gas solely from  one  or  more  co-generation,  small
 hydro  or  alternate  energy production facilities shall nevertheless be
 considered a person for purposes of commission jurisdiction under  arti-
 cle  seven  of this chapter; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, THE TERM "PERSON"  INCLUDES  THE
 HOLDER  OF  A  CERTIFICATE  OR PERMIT ISSUED UNDER ARTICLE EIGHT OF THIS
 CHAPTER, OR A PREDECESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE  ENERGY
 FACILITY  WITH  AN  ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND
 EIGHTY MEGAWATTS OR THAT OTHERWISE OPTS INTO ARTICLE EIGHT OF THIS CHAP-
 TER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWENTY-FIVE  AND  TWENTY-
 SIX OF THIS ARTICLE.
   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  thermal
 energy  network  except where electricity or thermal 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;   PROVIDED,  HOWEVER,  THAT  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW  TO  THE  CONTRARY,  THE  TERM  "ELECTRIC  CORPORATION"
 INCLUDES  THE    HOLDER  OF A CERTIFICATE OR PERMIT ISSUED UNDER ARTICLE
 EIGHT OF THIS CHAPTER, OR A PREDECESSOR STATUTE  THERETO,  FOR  A  MAJOR
 RENEWABLE  ENERGY  FACILITY WITH AN ELECTRIC GENERATING CAPACITY BETWEEN
 TWENTY-FIVE AND EIGHTY MEGAWATTS OR THAT  OTHERWISE  OPTS  INTO  ARTICLE
 EIGHT  OF  THIS CHAPTER FOR PURPOSES OF ENFORCEMENT UNDER SECTIONS TWEN-
 TY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
   § 10. The public service law is amended by adding a new section 3-c to
 read as follows:
 S. 8308--A                         68                         A. 8808--A
 
   § 3-C.  OFFICE OF RENEWABLE ENERGY SITING AND  ELECTRIC  TRANSMISSION.
 1.  DEFINITIONS.   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
 TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
   (B)  "ORES"  AND  "OFFICE"  SHALL  MEAN THE OFFICE OF RENEWABLE ENERGY
 SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
   (C) "SITING PERMIT" SHALL MEAN THE  MAJOR  RENEWABLE  ENERGY  FACILITY
 SITING  PERMIT  OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
 THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE EIGHT OF  THIS  CHAPTER,  AND
 THE RULES AND REGULATIONS PROMULGATED BY ORES.
   2.  GENERAL  POWERS AND RESPONSIBILITIES.   (A) THERE IS HEREBY ESTAB-
 LISHED IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND  ELEC-
 TRIC TRANSMISSION.
   (B)  ORES  SHALL  ACCEPT  APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
 APPROVE THE ASSIGNMENT AND/OR TRANSFER OF  SITING  PERMITS  PURSUANT  TO
 ARTICLE  EIGHT OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
 THROUGH THE EXECUTIVE DIRECTOR.
   (C) ORES, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL  BE  AUTHORIZED
 TO  CONDUCT  HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE PERMITS,
 AND ADOPT SUCH RULES, REGULATIONS AND PROCEDURES AS  MAY  BE  NECESSARY,
 CONVENIENT,  OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION AND
 ARTICLE EIGHT OF THIS CHAPTER.
   (D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
 OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED UNDER THE  FORMER  SECTION
 NINETY-FOUR-C  OF  THE EXECUTIVE LAW.   ALL PERMITS ISSUED BY THE FORMER
 OFFICE OF  RENEWABLE  ENERGY  SITING,  ESTABLISHED  PURSUANT  TO  FORMER
 SECTION  NINETY-FOUR-C  OF  THE  EXECUTIVE  LAW, AND ALL CERTIFICATES OF
 ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED  ISSUED  BY  THE  COMMISSION
 PURSUANT  TO  ARTICLE  SEVEN OF THIS CHAPTER SHALL BE CONSIDERED FOR ALL
 LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
   (E) ALL FINAL SITING PERMITS ISSUED BY ORES OR  HERETOFORE  ISSUED  BY
 THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
 SECTION  NINETY-FOUR-C  OF  THE  EXECUTIVE LAW ARE HEREBY ENFORCEABLE BY
 ORES AND THE DEPARTMENT PURSUANT  TO  SECTION  TWENTY-FIVE  AND  SECTION
 TWENTY-SIX  OF  THIS ARTICLE AS IF ISSUED BY THE COMMISSION, EXCEPT THAT
 SUCH PERMITS ISSUED TO COMBINATION GAS  AND  ELECTRIC  CORPORATIONS  ARE
 ALSO  ENFORCEABLE BY ORES AND THE DEPARTMENT PURSUANT TO SECTION TWENTY-
 FIVE-A OF THIS ARTICLE.
   (F) AT THE REQUEST OF ORES, ALL OTHER STATE AGENCIES  AND  AUTHORITIES
 ARE  HEREBY  AUTHORIZED  TO  PROVIDE  SUPPORT AND RENDER SERVICES TO THE
 OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
   § 11. Articles 8 of the public service law, as added by chapter 708 of
 the laws of 1978 and as added by chapter 385 of the laws  of  1972,  are
 REPEALED and a new article 8 is added to read as follows:
 
                               ARTICLE VIII
        SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION SITING
 
 SECTION 136. PURPOSE.
         137. DEFINITIONS.
         138. GENERAL   PROVISIONS   RELATED  TO  ESTABLISHING  STANDARDS
                RELATED TO SITING.
         139. APPLICABILITY.
         140. APPLICATION AND NOTICE.
 S. 8308--A                         69                         A. 8808--A
 
         141. POWERS OF MUNICIPALITIES AND STATE  AGENCIES  AND  AUTHORI-
                TIES; SCOPE.
         142. FEES; LOCAL AGENCY ACCOUNT.
         143. JUDICIAL REVIEW.
         144. FARMLAND PROTECTION WORKING GROUP.
   § 136. PURPOSE.  IT  IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
 ENVIRONMENTAL REVIEW, PERMITTING, AND SITING  IN  THIS  STATE  OF  MAJOR
 RENEWABLE  ENERGY  FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
 SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM  FOR  THE
 COORDINATED  AND  TIMELY  REVIEW  OF  SUCH  PROJECTS TO MEET THE STATE'S
 RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
 MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION  OF  THE  ENVIRONMENT
 AND  CONSIDERATION  OF  ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
 FACTORS IN THE DECISION TO PERMIT SUCH  PROJECTS  AS  MORE  SPECIFICALLY
 PROVIDED IN THIS ARTICLE.
   § 137. DEFINITIONS.  WHERE  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED  IN  THE
 CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO  THOUSAND  NINETEEN,  INCLUDING  BUT  NOT
 LIMITED  TO  THE  REQUIREMENT  THAT  A MINIMUM OF SEVENTY PERCENT OF THE
 STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
 TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY  THE  STATEWIDE
 ELECTRICAL  DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
 MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY  GENERATION
 BY  TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
 ATION BY TWO THOUSAND TWENTY-FIVE AND  TO  SUPPORT  THREE  GIGAWATTS  OF
 STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
   2.  "DORMANT  ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
 OR MORE ELECTRIC GENERATING  FACILITIES  PRODUCED  ELECTRICITY  BUT  HAS
 PERMANENTLY CEASED OPERATING.
   3.  "MAJOR  ELECTRIC  TRANSMISSION  FACILITY" MEANS AN ELECTRIC TRANS-
 MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED  TWENTY-FIVE  KILOVOLTS
 OR  MORE  EXTENDING  A  DISTANCE  OF ONE MILE OR MORE, OR OF ONE HUNDRED
 KILOVOLTS OR MORE AND  LESS  THAN  ONE  HUNDRED  TWENTY-FIVE  KILOVOLTS,
 EXTENDING  A  DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
 MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION  LINE  LOCATED  WHOLLY
 UNDERGROUND  IN  A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
 TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE  FEDERAL
 ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
 TY.
   4.  "MAJOR  RENEWABLE  ENERGY  FACILITY"  MEANS  ANY  RENEWABLE ENERGY
 SYSTEM, AS SUCH TERM IS  DEFINED  IN SECTION SIXTY-SIX-P OF  THIS  CHAP-
 TER, WITH A NAMEPLATE GENERATING CAPACITY  OF TWENTY-FIVE THOUSAND KILO-
 WATTS  OR  MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
 SUCH A RENEWABLE ENERGY  SYSTEM  PRIOR  TO DELIVERING   IT TO  THE  BULK
 TRANSMISSION  SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
 PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN  TEN  MILES
 IN  LENGTH  IN  ORDER  TO  PROVIDE ACCESS TO LOAD AND  TO INTEGRATE SUCH
 FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
   5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE,  OR  INTEREST  IN
 REAL  PROPERTY  SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
 FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
   6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT,  COMMISSION
 OR  GOVERNING  BODY,  INCLUDING  ANY  CITY,  COUNTY, AND OTHER POLITICAL
 SUBDIVISION OF THE STATE.
 S. 8308--A                         70                         A. 8808--A
 
   7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE  ACCOUNT  ESTAB-
 LISHED PURSUANT TO SECTION ONE HUNDRED FORTY-TWO OF THIS SECTION.
   8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
   9. "RIGHT-OF-WAY" SHALL MEAN:
   (A)  REAL  PROPERTY THAT IS USED OR AUTHORIZED TO BE USED FOR ELECTRIC
 UTILITY PURPOSES; OR
   (B) REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION  OF
 THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
 BY  MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO
 BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
   10. "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND  ELEC-
 TRIC  TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS CHAP-
 TER.
   11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
 TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
   12. "SITING PERMIT" SHALL MEAN THE  MAJOR  RENEWABLE  ENERGY  FACILITY
 SITING  PERMIT  OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT ISSUED BY
 THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
 LATIONS PROMULGATED BY ORES.
   § 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
 SITING. 1. (A) ORES SHALL BE AUTHORIZED TO ESTABLISH AND AMEND A SET  OF
 UNIFORM  STANDARDS  AND  CONDITIONS FOR THE SITING, DESIGN, CONSTRUCTION
 AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
 THIS ARTICLE RELEVANT TO ISSUES THAT ARE COMMON FOR  PARTICULAR  CLASSES
 AND  CATEGORIES  OF  MAJOR  RENEWABLE ENERGY FACILITIES, IN CONSULTATION
 WITH OTHER OFFICES WITHIN THE DEPARTMENT,  THE  NEW  YORK  STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT  AUTHORITY,  THE  DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER RELE-
 VANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
   (B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO  THIS
 SUBDIVISION  SHALL  BE  DESIGNED  TO  AVOID  OR MINIMIZE, TO THE MAXIMUM
 EXTENT PRACTICABLE,  ANY  POTENTIAL  SIGNIFICANT  ADVERSE  ENVIRONMENTAL
 IMPACTS  RELATED  TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A
 MAJOR RENEWABLE ENERGY FACILITY. SUCH UNIFORM STANDARDS  AND  CONDITIONS
 SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
 EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
   (C)  IN  ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR-
 RENEWABLE ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION,  SHALL IDENTIFY THOSE SITE-SPECIFIC ADVERSE
 ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
 SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE  TO  BE
 ADDRESSED  BY THE UNIFORM STANDARDS AND CONDITIONS.  ORES SHALL DRAFT IN
 CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SITE-SPE-
 CIFIC PERMIT TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING PROVISIONS
 FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO ACCOUNT  THE  CLCPA
 TARGETS  AND  THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR RENEWABLE
 ENERGY FACILITY; PROVIDED, HOWEVER, THAT ORES  SHALL  REQUIRE  THAT  THE
 APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC CONDI-
 TIONS  SHALL  ACHIEVE  A NET CONSERVATION BENEFIT TO ANY IMPACTED ENDAN-
 GERED AND THREATENED SPECIES.
   2. (A) WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF  THIS  SECTION,
 ORES  SHALL,  IN  CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT,
 THE NEW YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY,  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF AGRICULTURE
 AND MARKETS, AND OTHER AGENCIES WITH SUBJECT MATTER EXPERTISE, ESTABLISH
 A SET OF UNIFORM  STANDARDS  AND  CONDITIONS  FOR  THE  SITING,  DESIGN,
 S. 8308--A                         71                         A. 8808--A
 
 CONSTRUCTION,  AND  OPERATION  OF MAJOR ELECTRIC TRANSMISSION FACILITIES
 SUBJECT TO THIS ARTICLE RELEVANT TO  ISSUES  THAT  ARE  COMMON  TO  SUCH
 PROJECTS.
   (B)  THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 ARTICLE SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO  THE  MAXIMUM  EXTENT
 PRACTICABLE,  ANY  POTENTIAL  SIGNIFICANT  ADVERSE ENVIRONMENTAL IMPACTS
 RELATED TO THE SITING, DESIGN, CONSTRUCTION, AND OPERATION  OF  A  MAJOR
 ELECTRIC  TRANSMISSION  FACILITY.  SUCH UNIFORM STANDARDS AND CONDITIONS
 SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
 ELECTRIC TRANSMISSION FACILITIES.
   (C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO  DEVELOP  A  MAJOR
 ELECTRIC  TRANSMISSION  FACILITY, ORES, IN CONSULTATION WITH THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE  ADVERSE  SITE-
 SPECIFIC  ENVIRONMENTAL  IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIB-
 UTED TO BY A SPECIFIC PROPOSED MAJOR ELECTRIC TRANSMISSION FACILITY  AND
 ARE UNABLE TO BE ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS. ORES
 SHALL DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION  SITE-SPECIFIC  PERMIT  TERMS  AND  CONDITIONS  FOR SUCH IMPACTS,
 INCLUDING PROVISIONS FOR THE AVOIDANCE  OR  MITIGATION  THEREOF,  TAKING
 INTO  ACCOUNT  THE  CLCPA  TARGETS,  THE  ENVIRONMENTAL BENEFITS OF, AND
 PUBLIC NEED FOR  THE  PROPOSED  MAJOR  ELECTRIC  TRANSMISSION  FACILITY;
 PROVIDED,  HOWEVER,  THAT  ORES  SHALL  REQUIRE  THAT THE APPLICATION OF
 UNIFORM STANDARDS AND  CONDITIONS  AND  SITE-SPECIFIC  CONDITIONS  SHALL
 ACHIEVE  A  NET  CONSERVATION  BENEFIT  TO  ANY  IMPACTED ENDANGERED AND
 THREATENED SPECIES.
   (D)  UPON  THE  ESTABLISHMENT  OF  UNIFORM  STANDARDS  AND  CONDITIONS
 REQUIRED  BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
 THE CONTENT OF AN APPLICATION FOR A SITING PERMIT FOR A  MAJOR  ELECTRIC
 TRANSMISSION FACILITY, AN APPLICATION FOR SUCH SITING PERMIT FOR A MAJOR
 ELECTRIC TRANSMISSION FACILITY SHALL ONLY BE MADE PURSUANT TO THIS ARTI-
 CLE.
   3. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
 ADDRESSED  BY  UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
 CONDITIONS PROPOSED BY ORES, AND ORES DETERMINES THAT MITIGATION OF SUCH
 IMPACTS MAY BE ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT
 OF A FEE BY THE APPLICANT TO ACHIEVE SUCH OFF-SITE MITIGATION.  IF  ORES
 DETERMINES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION,  THAT  MITIGATION OF IMPACTS TO ENDANGERED OR THREATENED SPECIES
 THAT ACHIEVES A NET CONSERVATION BENEFIT CAN  BE  ACHIEVED  BY  OFF-SITE
 MITIGATION,  THE AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE
 SET FORTH IN THE FINAL SITING PERMIT. ORES MAY REQUIRE PAYMENT OF  FUNDS
 SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDANGERED AND
 THREATENED SPECIES MITIGATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
 TY-NINE-HH OF THE STATE FINANCE LAW.
   4.  ORES SHALL IDENTIFY THE BASIS OF THE PUBLIC NEED FOR A MAJOR ELEC-
 TRIC TRANSMISSION FACILITY AND SHALL GRANT PERMITS TO SUCH PROJECTS THAT
 DEMONSTRATE A QUALIFIED PUBLIC NEED, SO LONG  AS  THE  ADVERSE  ENVIRON-
 MENTAL  IMPACTS  OF  THE  FACILITY  ARE  IDENTIFIED AND ADDRESSED BY THE
 UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT  TO  THIS  ARTICLE
 AND  ANY  SITE-SPECIFIC  PERMIT  CONDITIONS  APPLIED TO THE FACILITY, OR
 OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
   5. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL  PROMULGATE  RULES
 AND  REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
 THE SITING PERMIT PROGRAM ESTABLISHED IN  THIS  ARTICLE  AND  PROMULGATE
 MODIFICATIONS  TO  SUCH  RULES  AND  REGULATIONS  AS IT DEEMS NECESSARY;
 PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
 S. 8308--A                         72                         A. 8808--A
 
 APPLICATIONS  ON  AFFECTED  MUNICIPALITIES  AND  POLITICAL  SUBDIVISIONS
 SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION.
   § 139. APPLICABILITY. 1. NO PERSON SHALL COMMENCE THE PREPARATION OF A
 SITE FOR, OR BEGIN THE CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY FACILI-
 TY IN THE STATE, OR INCREASE THE CAPACITY OF AN EXISTING MAJOR RENEWABLE
 ENERGY  FACILITY, WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT
 TO THIS ARTICLE. EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION FIVE
 OF THIS SECTION, ON AND AFTER EIGHTEEN MONTHS AFTER THE  EFFECTIVE  DATE
 OF THIS ARTICLE, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
 OR  BEGIN CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY IN THE
 STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT ISSUED WITH  RESPECT
 TO  SUCH  FACILITY  PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
 FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE
 WITH RESPECT TO WHICH A SITING PERMIT IS ISSUED SHALL NOT THEREAFTER  BE
 BUILT,  MAINTAINED,  OR  OPERATED  EXCEPT IN CONFORMITY WITH SUCH SITING
 PERMIT AND ANY TERMS,  LIMITATIONS,  OR  CONDITIONS  CONTAINED  THEREIN,
 PROVIDED  THAT  NOTHING  IN  THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY
 FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
   2. A SITING PERMIT ISSUED BY ORES  MAY  BE  TRANSFERRED  OR  ASSIGNED,
 SUBJECT  TO  THE  PRIOR WRITTEN APPROVAL OF THE OFFICE, TO A PERSON THAT
 AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS CONTAINED IN
 SUCH SITING PERMIT.
   3. ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO  A  SITING  PERMIT
 UNDER  THIS SECTION. AN AMENDMENT INITIATED BY ORES OR PERMITTEE THAT IS
 LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY  ADVERSE  ENVIRONMENTAL
 IMPACT  OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDITIONS OF A
 SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND  HEARING  REQUIRE-
 MENTS OF THIS SECTION.
   4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
 SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
 TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
 PLACE.
   5. THIS SECTION SHALL NOT APPLY:
   (A)  TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY AGENCY
 OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE  JURISDICTION,  OR
 HAS  JURISDICTION  CONCURRENT  WITH  THAT OF THE STATE AND HAS EXERCISED
 SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
 STATE; PROVIDED, HOWEVER, NOTHING HEREIN SHALL BE  CONSTRUED  TO  EXPAND
 FEDERAL JURISDICTION;
   (B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
 CATIONS  AND  IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY OR MAJOR
 ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTICLE, WHENEVER  BUILT,
 WHICH  ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS AND WHICH DO NOT
 CONSTITUTE A VIOLATION OF ANY APPLICABLE EXISTING PERMIT;
   (C) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE  THE  EFFEC-
 TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
 LICENSE,  PERMIT,  CERTIFICATE,  CONSENT  OR  APPROVAL FROM ANY FEDERAL,
 STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY; AND
   (D) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
 PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER  AND  ITS  IMPLEMENTING  REGU-
 LATIONS IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STAN-
 DARDS AND CONDITIONS REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION ONE
 HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
 S. 8308--A                         73                         A. 8808--A
 
   6.  AFTER  THE EFFECTIVE DATE OF THIS ARTICLE, ANY PERSON INTENDING TO
 CONSTRUCT A MAJOR ELECTRIC  TRANSMISSION  FACILITY  EXCLUDED  FROM  THIS
 SECTION  PURSUANT  TO  PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION
 MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY  FILING
 AN  APPLICATION  FOR A SITING PERMIT PURSUANT TO THE REGULATIONS OF ORES
 GOVERNING SUCH APPLICATIONS.
   § 140. APPLICATION AND NOTICE. 1. (A) NOTWITHSTANDING ANY LAW  TO  THE
 CONTRARY, ORES SHALL, WITHIN SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION
 FOR  A  SITING  PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY
 SUBJECT TO THIS ARTICLE DETERMINE WHETHER THE  APPLICATION  IS  COMPLETE
 AND NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE
 APPLICATION  COMPLETE,  ORES SHALL SET FORTH IN WRITING DELIVERED TO THE
 APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
 PLETE. IF ORES FAILS  TO  MAKE  A  DETERMINATION  WITHIN  THE  FOREGOING
 SIXTY-DAY  TIME  PERIOD,  THE  APPLICATION  SHALL  BE  DEEMED  COMPLETE;
 PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE
 SIXTY-DAY  TIME  PERIOD  FOR   DETERMINING   APPLICATION   COMPLETENESS.
 PROVIDED,  FURTHER, THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF
 CONSULTATION WITH THE MUNICIPALITY OR POLITICAL  SUBDIVISION  WHERE  THE
 PROJECT  IS  PROPOSED  TO  BE  LOCATED,  OR  AN AGENCY THEREOF, PRIOR TO
 SUBMISSION OF AN APPLICATION TO ORES, RELATED TO PROCEDURAL AND SUBSTAN-
 TIVE REQUIREMENTS OF LOCAL LAW.
   (B) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
 TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
 VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH  FOR  PUBLIC  COMMENT
 DRAFT  PERMIT  CONDITIONS  PREPARED  BY THE OFFICE, WHICH COMMENT PERIOD
 SHALL BE FOR A MINIMUM OF SIXTY DAYS  FROM  PUBLIC  NOTICE  THEREOF,  OR
 NOTICE  OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
 INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE  MUNICI-
 PALITIES  OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED TO
 BE LOCATED; (II) PUBLICATION IN  A  NEWSPAPER  OR  IN  ELECTRONIC  FORM,
 HAVING  GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVI-
 SIONS; AND (III) POSTING THE NOTICE ON THE OFFICE'S AND THE DEPARTMENT'S
 WEBSITE.
   (C) FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN  AGENCY  THEREOF
 THAT  HAS  RECEIVED  NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
 REGULATIONS PROMULGATED IN ACCORDANCE WITH  THIS  ARTICLE,  THE  MUNICI-
 PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
 FRAMES  ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES INDI-
 CATING WHETHER THE PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED
 AND OPERATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS  AND  REGULATIONS,
 IF  ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE
 EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR  AN  AGENCY  THEREOF
 SUBMITS A STATEMENT TO ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
 BE  SITED,  CONSTRUCTED  OR  OPERATED  IN COMPLIANCE WITH LOCAL LAWS AND
 REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY  HEARING  ON
 THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
 NEAR  ONE  OR  MORE OF THE AFFECTED MUNICIPALITIES OR POLITICAL SUBDIVI-
 SIONS.
   2. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ORES SHALL, WITHIN ONE
 HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN  APPLICATION  FOR  A  SITING
 PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY, DETERMINE
 WHETHER  THE  APPLICATION  IS  COMPLETE  AND NOTIFY THE APPLICANT OF ITS
 DETERMINATION. IF ORES DOES NOT DEEM THE APPLICATION COMPLETE, IT  SHALL
 SET  FORTH  IN WRITING DELIVERED TO THE APPLICANT THE REASONS WHY IT HAS
 DETERMINED THE APPLICATION TO BE INCOMPLETE. IF ORES  FAILS  TO  MAKE  A
 S. 8308--A                         74                         A. 8808--A
 
 DETERMINATION  WITHIN  THE FOREGOING ONE HUNDRED TWENTY DAY TIME PERIOD,
 THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED,  HOWEVER,  THAT  THE
 APPLICANT MAY CONSENT TO AN EXTENSION OF THE ONE HUNDRED TWENTY DAY TIME
 PERIOD  FOR  DETERMINING  APPLICATION COMPLETENESS.   PROVIDED, FURTHER,
 THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF  CONSULTATION  WITH
 THE  MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
 TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN  APPLICA-
 TION  TO  ORES,  RELATED  TO  PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
 LOCAL LAW.
   (B) IN ADDITION TO ADDRESSING UNIFORM STANDARDS  AND  CONDITIONS,  THE
 APPLICATION  FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANS-
 MISSION FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE,  THE
 FOLLOWING  INFORMATION:  (I)  THE  LOCATION OF THE SITE OR RIGHT-OF-WAY;
 (II) A DESCRIPTION OF THE TRANSMISSION FACILITY  TO  BE  BUILT  THEREON;
 (III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
 IMPACT  OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A STATE-
 MENT EXPLAINING THE PUBLIC NEED FOR THE  FACILITY;  (V)  COPIES  OF  ANY
 STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
 PERFORMED  BY  THE  STATE GRID OPERATOR PURSUANT TO ITS TARIFF; AND (VI)
 SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER  RELEVANT  OR  ORES
 MAY BY REGULATION REQUIRE.
   (C)  TO  THE  GREATEST  EXTENT  PRACTICABLE, EACH LANDOWNER OF LAND ON
 WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE  LOCATED  SHALL  BE
 SERVED  BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
 MAY BE IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES
 A NOTICE OF INTENT TO BE A PARTY IN THE PERMIT  APPLICATION  PROCEEDINGS
 AND THE TIMEFRAME FOR FILING SUCH APPLICATION.
   (D) NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
 TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
 VANT  STATE  AGENCY  OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
 DRAFT PERMIT CONDITIONS PREPARED BY THE  OFFICE,  WHICH  COMMENT  PERIOD
 SHALL  BE  FOR  A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF. SUCH
 PUBLIC NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED  TO:  (I)  WRITTEN
 NOTICE  TO  THE  MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE
 MAJOR ELECTRIC UTILITY TRANSMISSION IS PROPOSED TO  BE  LOCATED  AND  TO
 LANDOWNERS NOTIFIED OF THE APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS
 SUBDIVISION;  (II)  PUBLICATION  IN  A  NEWSPAPER OR IN ELECTRONIC FORM,
 HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL  SUBDIVI-
 SIONS; AND (III) POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE.
   3.  FOR  ANY  MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
 THAT HAS RECEIVED NOTICE OF THE FILING OF AN  APPLICATION,  PURSUANT  TO
 REGULATIONS  PROMULGATED IN ACCORDANCE WITH THIS SECTION OR OTHERWISE IN
 EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR  POLI-
 TICAL  SUBDIVISION  OR AGENCY THEREOF SHALL WITHIN THE TIMEFRAMES ESTAB-
 LISHED BY THIS ACT SUBMIT A STATEMENT TO  ORES  INDICATING  WHETHER  THE
 PROPOSED  FACILITY  IS DESIGNED TO BE SITED, CONSTRUCTED AND OPERATED IN
 COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY,  CONCERN-
 ING  THE  ENVIRONMENT,  OR PUBLIC HEALTH AND SAFETY. IN THE EVENT THAT A
 MUNICIPALITY, POLITICAL SUBDIVISION  OR  AN  AGENCY  THEREOF  SUBMITS  A
 STATEMENT  TO  ORES  THAT  THE  PROPOSED  FACILITY IS NOT DESIGNED TO BE
 SITED, CONSTRUCTED OR OPERATED IN COMPLIANCE WITH LOCAL LAWS  AND  REGU-
 LATIONS  AND  ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON THE
 APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC  HEARING  IN  THE
 AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
   4.  IF  PUBLIC  COMMENTS ON A DRAFT PERMIT CONDITION PUBLISHED BY ORES
 PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A  MUNICIPALITY
 S. 8308--A                         75                         A. 8808--A
 
 OR  POLITICAL  SUBDIVISION  OR AGENCY THEREOF, LANDOWNERS, OR MEMBERS OF
 THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIFICANT  ISSUE,  AS  DEFINED  IN
 REGULATIONS  ADOPTED  PURSUANT  TO  THIS  ARTICLE, THAT REQUIRES ADJUDI-
 CATION,  ORES  SHALL  PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
 HEAR ARGUMENTS AND CONSIDER EVIDENCE  WITH  RESPECT  THERETO;  PROVIDED,
 HOWEVER,  THAT  WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
 MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION  OF  WHICH  IS  TO  BE
 LOCATED  ON  THE  LAND  OF  A  LANDOWNER FOR WHICH THE APPLICANT LACKS A
 RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
 TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED  GIVEN  IN  SUCH
 APPLICATION.
   5.  FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
 THIS SECTION, AND FOLLOWING  THE  CONCLUSION  OF  A  HEARING  UNDERTAKEN
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
 A  PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS AND
 AN ASSESSMENT OF COMMENTS RECEIVED, AND IN THE CASE OF  AN  ADJUDICATORY
 HEARING,  THE  EXECUTIVE  OFFICER  OR  ANY  PERSON TO WHOM THE EXECUTIVE
 DIRECTOR HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN  HEAR-
 ING  REPORT.  A  FINAL  SITING PERMIT MAY ONLY BE ISSUED IF ORES MAKES A
 FINDING THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE  UNIFORM
 AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
 LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
 RESPECT  TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANS-
 MISSION FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART,  ANY
 LOCAL  LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES A
 FINDING THAT, AS APPLIED TO THE PROPOSED FACILITY,  IT  IS  UNREASONABLY
 BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
 IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
 PROJECT.
   6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
 ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
 THE  DATE THE APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM
 THE DATE THE APPLICATION WAS DEEMED COMPLETE IF SUCH APPLICATION RELATES
 TO A MAJOR RENEWABLE ENERGY FACILITY THAT IS PROPOSED TO BE SITED ON  AN
 EXISTING  OR  ABANDONED  COMMERCIAL  USE,  INCLUDING WITHOUT LIMITATION,
 BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL OR INDUSTRIAL  SITES,  DORMANT
 ELECTRIC  GENERATING  SITES,  AND  ABANDONED  OR OTHERWISE UNDERUTILIZED
 SITES, AS FURTHER DEFINED BY THE REGULATIONS PROMULGATED BY OR IN EFFECT
 UNDER THIS ARTICLE. UNLESS ORES AND THE  APPLICANT  HAVE  AGREED  TO  AN
 EXTENSION  AND  IF  A  FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY
 ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO
 HAVE BEEN AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS ARTI-
 CLE AND ALL UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED
 FOR PUBLIC COMMENT SHALL CONSTITUTE ENFORCEABLE PROVISIONS OF THE SITING
 PERMIT; PROVIDED, HOWEVER, THAT WITH RESPECT TO A  FINAL  SITING  PERMIT
 DECISION  RELATED TO A MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION
 OF WHICH IS TO BE LOCATED ON THE LAND  OF  A  LANDOWNER  FOR  WHICH  THE
 APPLICANT  LACKS  AN EXISTING RIGHT-OF-WAY AGREEMENT, NO SUCH PERMIT MAY
 BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT  RELATED  TO  A  MAJOR
 RENEWABLE  ENERGY  FACILITY  SHALL  INCLUDE  A  PROVISION  REQUIRING THE
 PERMITTEE TO PROVIDE A HOST COMMUNITY  BENEFIT,  WHICH  MAY  BE  A  HOST
 COMMUNITY  BENEFIT  AS  DETERMINED BY THE COMMISSION PURSUANT TO SECTION
 EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE  LAWS  OF  TWO  THOUSAND
 TWENTY  OR  SUCH  OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
 AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
 S. 8308--A                         76                         A. 8808--A
 
   7. ORES, IN CONSULTATION WITH THE  DEPARTMENT,  MAY  EXEMPT  FROM  THE
 REQUIREMENTS  OF  THIS  ARTICLE APPLICATIONS FOR A MAJOR ELECTRIC TRANS-
 MISSION FACILITY THAT WOULD BE CONSTRUCTED SUBSTANTIALLY WITHIN EXISTING
 RIGHTS-OF-WAY.
   § 141. POWERS  OF  MUNICIPALITIES  AND STATE AGENCIES AND AUTHORITIES;
 SCOPE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING  WITHOUT
 LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND ARTI-
 CLE SEVEN OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORI-
 TY,  OR  ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY THEREOF
 MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES  AND
 REGULATIONS  PROMULGATED  UNDER  THIS  ARTICLE,  REQUIRE  ANY  APPROVAL,
 CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT,  OR  OTHER  CONDITION
 FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, OR DECOMMISSIONING
 OF  A  MAJOR  RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION
 FACILITY WITH RESPECT TO WHICH AN APPLICATION FOR A  SITING  PERMIT  HAS
 BEEN  FILED,  PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVI-
 SION OR AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING
 OF THE APPLICATION THEREFOR. NOTWITHSTANDING THE FOREGOING, THE  DEPART-
 MENT  OF  ENVIRONMENTAL  CONSERVATION SHALL BE THE PERMITTING AGENCY FOR
 PERMITS ISSUED PURSUANT TO FEDERALLY  DELEGATED  OR  FEDERALLY  APPROVED
 PROGRAMS.
   2.  THIS  SECTION  SHALL  NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
 LOCAL  LABOR  LAWS  OR  ANY  OTHERWISE  APPLICABLE  STATE  LAW  FOR  THE
 PROTECTION  OF  EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
 MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
   3. ORES AND THE  DEPARTMENT  SHALL  MONITOR,  ENFORCE  AND  ADMINISTER
 COMPLIANCE  WITH  ANY  TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
 ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO  MAY  USE  AND  RELY  ON
 AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
   § 142. FEES;  LOCAL  AGENCY  ACCOUNT. 1. EACH APPLICATION FOR A SITING
 PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO  THE  FOLLOW-
 ING:
   (A)  FOR  A  MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
 EACH THOUSAND KILOWATTS OF CAPACITY  OF  THE  PROPOSED  MAJOR  RENEWABLE
 ENERGY FACILITY;
   (B)  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
 FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE  HUNDRED  MILES,
 FOUR HUNDRED FIFTY THOUSAND DOLLARS;
   (C)  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
 FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES  TO  ONE
 HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
   (D)  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
 OF-WAY AND  ONE  HUNDRED  TWENTY-FIVE  KILOVOLTS  OR  MORE  EXTENDING  A
 DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
   (E)  FOR  A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
 RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE  EXTENDING  A
 DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
   2.  SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
 AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES AND  COMMU-
 NITY  INTERVENORS  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. ORES, IN CONSULTATION WITH THE
 DEPARTMENT, MAY UPDATE  THE  FEE  PERIODICALLY  SOLELY  TO  ACCOUNT  FOR
 INFLATION.  THE  PROCEEDS  OF  SUCH  ACCOUNT  SHALL  BE DISBURSED BY THE
 OFFICE, IN ACCORDANCE WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE
 RULES AND REGULATIONS PROMULGATED BY ORES OR THE DEPARTMENT PURSUANT  TO
 S. 8308--A                         77                         A. 8808--A
 
 THIS  ARTICLE OR IN EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR
 THE PARTICIPATION OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN  PUBLIC
 COMMENT  PERIODS  OR  HEARING  PROCEDURES  ESTABLISHED  BY THIS ARTICLE,
 INCLUDING  THE  RULES  AND REGULATIONS PROMULGATED HERETO; PROVIDED THAT
 FEES MUST BE DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR  AN
 AGENCY  THEREOF,  TO DETERMINE WHETHER A PROPOSED PROJECT IS DESIGNED TO
 BE SITED, CONSTRUCTED AND OPERATED IN  COMPLIANCE  WITH  THE  APPLICABLE
 LOCAL LAWS AND REGULATIONS.
   3.  ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY 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 ACCOUNT BALANCES AND ACTIV-
 ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST  AND  PROVIDE  SUCH
 REPORT  TO  THE  OFFICE  NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
 SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
   4. TO THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS  PURSUANT  TO
 ARTICLES  SEVEN  OR TEN OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION
 FOR A SITING PERMIT PURSUANT TO THIS ARTICLE, ANY  AMOUNTS  HELD  IN  AN
 INTERVENOR  ACCOUNT  ESTABLISHED  PURSUANT  TO ARTICLES SEVEN AND TEN OF
 THIS CHAPTER FOR THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT
 ESTABLISHED BY THIS SECTION.
   5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION,  ORES
 OR  THE  DEPARTMENT,  PURSUANT  TO  REGULATIONS ADOPTED PURSUANT TO THIS
 ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING  COSTS  INCURRED
 BY THE OFFICE; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT
 TO  SECTION  EIGHTEEN-A  OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR
 SUCH COSTS.
   6. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION,  ORES
 OR  THE  DEPARTMENT,  PURSUANT  TO  REGULATIONS ADOPTED PURSUANT TO THIS
 ARTICLE, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING  COSTS  INCURRED
 BY  THE  NEW  YORK  STATE  ENERGY RESEARCH AND   DEVELOPMENT   AUTHORITY
 PURSUANT  TO TITLE NINE-C  OF ARTICLE EIGHT OF  THE  PUBLIC  AUTHORITIES
 LAW;  PROVIDED,  HOWEVER,  THAT  PUBLIC  UTILITIES  THAT  ARE SUBJECT TO
 SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR  SUCH
 COSTS.
   § 143. JUDICIAL  REVIEW.  1.  ANY  PARTY  AGGRIEVED BY THE ISSUANCE OR
 DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
 SUCH DECISION AS PROVIDED IN THIS SECTION.
   2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD  DEPARTMENT  OF
 THE  APPELLATE  DIVISION  OF THE SUPREME COURT OF THE STATE OF NEW YORK.
 SUCH PROCEEDING SHALL BE INITIATED BY THE FILING OF A PETITION  IN  SUCH
 COURT  WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY ORES
 TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES  TO  FILE  WITH  SAID
 COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
 A  COPY  OF ORES'S DECISION AND OPINION. ORES'S COPY OF SAID TRANSCRIPT,
 DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO  ALL
 PARTIES  FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
 DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY  OF  THE  RECORD
 AND  A  COPY  OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
 HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE  POWER  TO  GRANT
 SUCH  RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
 ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
 SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART  SUCH
 DECISION.  THE  APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
 OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF  FACT  ON
 WHICH  SUCH  DECISION  IS  BASED  SHALL  BE  CONCLUSIVE  IF SUPPORTED BY
 S. 8308--A                         78                         A. 8808--A
 
 SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS  OF
 JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
 LATE  DIVISION  OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
 AND  ORDER  SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS IN
 THE SAME MANNER AND FORM AND  WITH  THE  SAME  EFFECT  AS  PROVIDED  FOR
 APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
 DETERMINED  BY  THE  APPELLATE  DIVISION OF THE SUPREME COURT AND BY THE
 COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
 OVER ALL OTHER MATTERS.
   3. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL  BE  LIMITED
 TO WHETHER THE DECISION AND OPINION OF ORES ARE:
   (A)  IN  CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
 STATE AND THE UNITED STATES;
   (B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE  RECORD  AND  MATTERS  OF
 JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
   (C)  WITHIN  THE  STATUTORY  JURISDICTION OR AUTHORITY OF ORES AND THE
 DEPARTMENT;
   (D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN  THIS  SECTION  OR
 ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
   (E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
   (F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
 CITIZENS  AFFECTED  BY  THE FACILITY OR PROJECT REGARDLESS OF AGE, RACE,
 COLOR, NATIONAL ORIGIN AND INCOME.
   4. EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRAC-
 TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
   § 144. FARMLAND  PROTECTION  WORKING GROUP. 1. THERE IS HEREBY CREATED
 IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
 ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
   (A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
   (C) THE EXECUTIVE DIRECTOR OF ORES;
   (D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
   (E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY;
   (F)  LOCAL  GOVERNMENT  OFFICIALS  OR  REPRESENTATIVES  FROM MUNICIPAL
 ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
   (G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
 PROTECTION BOARDS.
   2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, RECOMMEND STRATEGIES TO ENCOURAGE  AND  FACILITATE
 INPUT FROM MUNICIPALITIES IN THE SITING PROCESS AND TO DEVELOP RECOMMEN-
 DATIONS  THAT  INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE AGRI-
 CULTURAL LAND AND METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY  SUCH  LAND
 RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES.
   3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
 AGRICULTURE  AND  MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
 AT SUCH OTHER TIMES AS MAY BE NECESSARY.
   § 12. The public service law is amended by adding a new section 174 to
 read as follows:
   § 174. MAJOR STEAM ELECTRIC GENERATING  FACILITIES  CERTIFICATES.  ANY
 CERTIFICATE  OF  ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
 MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE  EIGHT
 OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
 MENT  AS  IF SUCH CERTIFICATE WAS ISSUED UNDER ARTICLE TEN OF THIS CHAP-
 TER.
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   § 13. Subdivision (B) of section 206 of the eminent  domain  procedure
 law is amended to read as follows:
   (B)  pursuant  to  article VII [or article VIII] of the public service
 law it obtained a certificate of environmental compatibility and  public
 need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
 SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
   §  14.  Subparagraph  (g) of paragraph 3 of subdivision (B) of section
 402 of the eminent domain procedure law is amended to read as follows:
   (g) if the property is to be used for  the  construction  of  a  major
 utility  transmission facility, as defined in section one hundred twenty
 of the public service law[, or major steam electric generating  facility
 as  defined  in  section  one hundred forty of such law] with respect to
 which a certificate of environmental compatibility and public  need  has
 been  issued  under such law, a statement that such certificate relating
 to such property has been issued and is in force, OR IF THE PROPERTY  IS
 TO BE USED FOR THE CONSTRUCTION OF  A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY,  AS  DEFINED  UNDER  ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW, WITH
 RESPECT TO WHICH A SITING PERMIT HAS  BEEN  ISSUED  UNDER  SUCH  LAW,  A
 STATEMENT THAT SUCH PERMIT RELATING TO SUCH PROPERTY HAS BEEN ISSUED AND
 IS IN FORCE.
   §  15.  Subdivision  7 of section 6-106 of the energy law, as added by
 chapter 433 of the laws of 2009, is amended to read as follows:
   7. Any person who participated in the state energy planning proceeding
 or any person who sought an amendment of the state energy plan  pursuant
 to  subdivision  six  of  this  section, may obtain, pursuant to article
 seventy-eight of the civil practice law and rules,  judicial  review  of
 the  board's  decision  adopting a plan, or any amendment thereto, or of
 the board's decision not to amend such plan pursuant to subdivision  six
 of  this  section.  Any  such special proceeding shall be brought in the
 appellate division of the supreme court of the state of New York for the
 third judicial department. Such proceeding shall  be  initiated  by  the
 filing of a petition in such court within thirty days after the issuance
 of  a  decision by the board. The proceeding shall have a lawful prefer-
 ence over any other matter, shall be heard on  an  expedited  basis  and
 shall  be  completed  in  all respects, including any subsequent appeal,
 within one hundred eighty days of the filing of the petition. Where more
 than one such petition is filed, the court may provide for consolidation
 of the proceedings. Notwithstanding the provisions of [article] ARTICLES
 seven AND EIGHT of the public service law, the procedure  set  forth  in
 this  section  shall constitute the exclusive means for seeking judicial
 review of any element of the plan.
   § 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
 mental conservation law, as amended by section 1 of part BBB of  chapter
 55 of the laws of 2021, is amended to read as follows:
   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental  compatibility  and  public  need in articles seven[,] AND ten
 [and the former article eight] of the public service law or requiring  a
 siting permit under [section ninety-four-c of the executive law] ARTICLE
 EIGHT OF THE PUBLIC SERVICE LAW; or
   §  17.  Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
 ronmental conservation law, as added by chapter 292 of the laws of 1984,
 is amended to read as follows:
   (d) where land subject to a conservation easement or  an  interest  in
 such  land  is  required for a major utility transmission facility which
 has received a certificate of  environmental  compatibility  and  public
 need pursuant to article seven of the public service law [or is required
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 for  a  major  steam  electric  generating facility which has received a
 certificate of environmental compatibility and public need  pursuant  to
 article  eight  of  the  public  service law] OR A MAJOR ELECTRIC TRANS-
 MISSION  FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
 EIGHT OF THE PUBLIC SERVICE LAW, upon the filing of such certificate  OR
 PERMIT in a manner prescribed for recording a conveyance of real proper-
 ty  pursuant  to section two hundred ninety-one of the real property law
 or any other applicable provision of law.
   § 18. Paragraph (e) of subdivision 3 of section 49-0307 of  the  envi-
 ronmental  conservation  law,  as  amended by chapter 388 of the laws of
 2011, is amended to read as follows:
   (e) where land subject to a conservation easement or  an  interest  in
 such  land  is  required for a major utility transmission facility which
 has received a certificate of  environmental  compatibility  and  public
 need pursuant to article seven of the public service law [or is required
 for  a  major  steam  electric  generating facility which has received a
 certificate of environmental compatibility and public need  pursuant  to
 the  former  article  eight of the public service law], A MAJOR ELECTRIC
 TRANSMISSION FACILITY WHICH HAS RECEIVED A  SITING  PERMIT  PURSUANT  TO
 ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW, or a major electric generating
 facility or repowering project which has received a certificate of envi-
 ronmental compatibility and public need pursuant to article ten  of  the
 public  service  law, upon the filing of such certificate OR PERMIT in a
 manner prescribed for recording a conveyance of real  property  pursuant
 to  section two hundred ninety-one of the real property law or any other
 applicable provision of law, provided that such  certificate  OR  PERMIT
 contains  a  finding  that  the  public interest in the conservation and
 protection of the natural resources, open spaces and  scenic  beauty  of
 the Adirondack or Catskill parks has been considered.
   §  19. Paragraph (p) of subdivision 27-a of section 1005 of the public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (p)  Nothing in this subdivision or subdivision twenty-seven-b of this
 section, shall be construed as  exempting  the  authority,  its  subsid-
 iaries,  or any renewable energy generating projects undertaken pursuant
 to this section from the requirements of [section ninety-four-c  of  the
 executive  law]  ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW respecting any
 renewable energy system developed  by  the  authority  or  an  authority
 subsidiary  after  the effective date of this subdivision that meets the
 definition of "major renewable energy facility" as defined  in  [section
 ninety-four-c  of  the  executive  law  and section eight of part JJJ of
 chapter fifty-eight of the laws of two thousand twenty] ARTICLE EIGHT OF
 THE PUBLIC SERVICE LAW, as it relates to host  community  benefits,  and
 section 11-0535-c of the environmental conservation law as it relates to
 an endangered and threatened species mitigation bank fund.
   §  20. Section 1014 of the public authorities law, as amended by chap-
 ter 388 of the laws of 2011, is amended to read as follows:
   § 1014. Public service law not applicable to  authority;  inconsistent
 provisions  in  other acts superseded. The rates, services and practices
 relating to the generation, transmission, distribution and sale  by  the
 authority, of power to be generated from the projects authorized by this
 title  shall  not be subject to the provisions of the public service law
 nor to regulation by, nor the jurisdiction of the department  of  public
 service.  Except  to  the extent article seven of the public service law
 applies to the siting and operation  of  a  major  utility  transmission
 facility  as  defined  therein,  ARTICLE EIGHT OF THE PUBLIC SERVICE LAW
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 APPLIES TO THE SITING AND OPERATION OF  A  MAJOR  ELECTRIC  TRANSMISSION
 FACILITY  AS  DEFINED THEREIN, and article ten of the public service law
 applies to the siting of a major electric generating facility as defined
 therein,  and  except  to  the  extent  section eighteen-a of the public
 service law provides for assessment of the authority for  certain  costs
 relating  thereto,  the  provisions of the public service law and of the
 environmental conservation law and  every  other  law  relating  to  the
 department  of public service or the public service commission or to the
 environmental conservation department or to  the  functions,  powers  or
 duties  assigned  to  the division of water power and control by chapter
 six hundred nineteen of the laws of nineteen hundred  twenty-six,  shall
 so  far  as is necessary to make this title effective in accordance with
 its terms and purposes be deemed to  be  superseded,  and  wherever  any
 provision  of law shall be found in conflict with the provisions of this
 title or inconsistent with the purposes thereof, it shall be  deemed  to
 be superseded, modified or repealed as the case may require.
   §  21.  Subdivision 1 of section 1020-s of the public authorities law,
 as amended by chapter 681 of the laws of 2021, is  amended  to  read  as
 follows:
   1.  The  rates,  services  and  practices  relating to the electricity
 generated by facilities owned or operated by the authority shall not  be
 subject to the provisions of the public service law or to regulation by,
 or  the  jurisdiction  of,  the public service commission, except to the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in, (b) ARTICLE EIGHT OF THE PUBLIC SERVICE LAW APPLIES  TO  THE  SITING
 AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THER-
 EIN,  (C)  article ten of such law applies to the siting of a generating
 facility as defined therein, [(c)] (D) section eighteen-a  of  such  law
 provides for assessment for certain costs, property or operations, [(d)]
 (E)  to  the  extent  that  the department of public service reviews and
 makes recommendations with respect to the operations  and  provision  of
 services  of, and rates and budgets established by, the authority pursu-
 ant to section three-b of such law, [(e)] (F) that section  seventy-four
 of  the  public  service law applies to qualified energy storage systems
 within the authority's jurisdiction, and [(f)] (G) that  section  seven-
 ty-four-b  of  the  public  service law applies to Long Island community
 choice aggregation programs.
   § 22. Paragraph (b) of subdivision 1 of section 1020-ii of the  public
 authorities  law,  as  amended  by  chapter  201 of the laws of 2019, is
 amended to read as follows:
   (b) "utility transmission facility" means  any  electric  transmission
 line  operating  at  sixty-five kilovolts or higher in the service area,
 including associated equipment. It shall not  include  any  transmission
 line  which  is an in-kind replacement or which is located wholly under-
 ground. This section also shall not apply to any major  [utility]  ELEC-
 TRIC  transmission facility subject to the jurisdiction of article seven
 of the public service law; and
   § 23. Paragraph c of subdivision 8 of section  1020-c  of  the  public
 authorities  law,  as  amended  by  chapter  388 of the laws of 2011, is
 amended to read as follows:
   c. Article [seven] EIGHT of the public service law shall apply to  the
 authority's siting and operation of a major ELECTRIC transmission facil-
 ity  as  therein defined and article ten of the public service law shall
 apply to the authority's siting and operation of a major electric gener-
 ating facility as therein defined.
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   § 24. Subdivision 4 of section 18-a of  the  public  service  law,  as
 amended  by  chapter  447  of  the  laws  of 1972, is amended to read as
 follows:
   4.  In  the  case of the power authority of the state of New York, the
 [chairman] CHAIRPERSON of the department shall ascertain  from  time  to
 time,  but  not less than once in each fiscal year, all direct and indi-
 rect costs of investigating requests by the power authority of the state
 of New York to establish  new,  major  [utility]  ELECTRIC  transmission
 facilities  [as  defined  in  article  seven  of this chapter] AND MAJOR
 RENEWABLE ENERGY FACILITIES or to establish new, major [steam]  electric
 generating facilities [as defined in article eight of this chapter]. The
 [chairman]  CHAIRPERSON  shall  for  each such investigation assess such
 costs against the power authority of the state of New  York.  Bills  for
 such  an  investigation  may be rendered from time to time, but not less
 than once in each fiscal year, and the amount of  such  bills  shall  be
 paid  by  the power authority of the state of New York to the department
 within thirty days from the date of rendition.
   § 25. Subdivision 2 of section 160 of the public service law, as added
 by chapter 388 of the laws of 2011, is amended to read as follows:
   2. "Major electric generating facility" means an  electric  generating
 facility  with  a  nameplate generating capacity of twenty-five thousand
 kilowatts or more, including interconnection electric transmission lines
 THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE EIGHT OF THIS  CHAPTER  and
 fuel gas transmission lines that are not subject to review under article
 seven of this chapter.
   §  26.  Paragraph  (e)  of  subdivision 4 of section 162 of the public
 service law, as added by section 3 of part JJJ of chapter 58 of the laws
 of 2020, is amended to read as follows:
   (e) To a major renewable energy facility as such term  is  defined  in
 [section ninety-four-c of the executive law] SECTION EIGHT OF THIS CHAP-
 TER;  provided,  however, that any person intending to construct a major
 renewable energy facility,  that  has  a  draft  pre-application  public
 involvement  program plan pursuant to section one hundred sixty-three of
 this article and the regulations implementing  this  article,  which  is
 pending with the siting board as of the effective date of this paragraph
 may remain subject to the provisions of this article or, may, by written
 notice  to  the  secretary of the commission, elect to become subject to
 the provisions of [section ninety-four-c of the executive  law]  ARTICLE
 EIGHT OF THIS CHAPTER.
   § 27. Subdivision 3 of section 11-103 of the energy law, as amended by
 chapter 374 of the laws of 2022, is amended to read as follows:
   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 applicable to the construction of any
 building,  including  but  not  limited to greenhouse 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 promulgated pursuant  to  this  section.
 Notwithstanding  the  foregoing, nothing in this section shall be deemed
 to expand the powers of the council to include matters that  are  exclu-
 sively  within  the statutory jurisdiction of the public service commis-
 sion, the department  of  environmental  conservation,  [the  office  of
 renewable energy siting] or another state entity.
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   §  28. Paragraph (d) of subdivision 27-a of section 1005 of the public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (d)  No later than one hundred eighty days after the effective date of
 this subdivision, and annually thereafter, the  authority  shall  confer
 with  the New York state energy research and development authority, [the
 office of renewable energy siting,] the department  of  public  service,
 climate  and  resiliency experts, labor organizations, and environmental
 justice and community organizations concerning the state's  progress  on
 meeting the renewable energy goals established by the climate leadership
 and community protection act. When exercising the authority provided for
 in  paragraph (a) of this subdivision, the information developed through
 such conferral shall be used to identify projects to  help  ensure  that
 the  state  meets  its  goals under the climate leadership and community
 protection act. Any conferral  provided  for  in  this  paragraph  shall
 include  consideration  of the timing of projects in the interconnection
 queue of the federally designated electric bulk system operator for  New
 York  state,  taking  into  account  both  capacity  factors  or planned
 projects and the interconnection queue's historical completion  rate.  A
 report  on  the  information  developed  through such conferral shall be
 published and made accessible on the website of the authority.
   § 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
 1005 of the public authorities law, as added by section 1 of part QQ  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   (i)  Beginning  in two thousand twenty-five, and biennially thereafter
 until two thousand thirty-three, the authority, in consultation with the
 New York state energy research and development authority, [the office of
 renewable energy siting,] the department  of  public  service,  and  the
 federally  designated  electric bulk system operator for New York state,
 shall develop and publish biennially a renewable energy generation stra-
 tegic plan ("strategic  plan")  that  identifies  the  renewable  energy
 generating  priorities  based on the provisions of paragraph (a) of this
 subdivision for the two-year period  covered  by  the  plan  as  further
 provided for in this paragraph.
   §  30.  Subdivision l of section 7208 of the education law, as amended
 by section 15 of part A of chapter 173 of the laws of 2013,  is  amended
 to read as follows:
   l.  The  practice of engineering or land surveying, or using the title
 "engineer" or "surveyor" (i) exclusively as an officer or employee of  a
 public  service  corporation  by  rendering  to  such  corporation  such
 services in connection with its lines and property which are subject  to
 supervision  with  respect  to  the  safety  and security thereof by the
 public service commission of this state, the interstate commerce commis-
 sion or other federal regulatory body and so long as such person is thus
 actually and exclusively employed and no longer[, or]; (ii)  exclusively
 as  an  officer  or  employee  of the Long Island power authority or its
 service provider, as defined under section three-b of the public service
 law, by rendering  to  such  authority  or  provider  such  services  in
 connection with its lines and property which are located in such author-
 ity's  service  area  and  so  long  as such person is thus actually and
 exclusively employed and no longer; OR (III) EXCLUSIVELY AS  AN  OFFICER
 OR  EMPLOYEE  OF  THE  DEPARTMENT OF PUBLIC SERVICE BY RENDERING TO SUCH
 DEPARTMENT SUCH  SERVICES  IN  CONNECTION  WITH  REVIEWING  THE  DESIGN,
 CONSTRUCTION AND OPERATION OF UTILITY INFRASTRUCTURE AND SO LONG AS SUCH
 PERSON IS THUS ACTUALLY AND EXCLUSIVELY EMPLOYED AND NO LONGER;
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   § 31. The public service commission shall commence a proceeding within
 ninety  days  of  the  effective  date  of  this act to consider metrics
 related  to  the  timely  interconnection  of   distributed   generation
 resources into the distribution system owned by an electric corporation,
 as well as negative revenue adjustments related to such metrics.
   § 32. This act shall take effect immediately; provided that the amend-
 ments  to  paragraph  (e)  of subdivision 4 of section 162 of the public
 service law made by section twenty-six of this act shall not affect  the
 repeal of such paragraph and shall be deemed repealed therewith.
 
                                  PART P
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "affordable gas transition act".
   § 2. Legislative findings. The legislature finds and declares that:
   1. The public service law (the "PSL") establishes the  public  service
 commission  ("commission")  and  department  of public service ("depart-
 ment") and charges them to ensure that New York residents have safe  and
 reliable  access  to energy at rates that are just and reasonable. These
 bedrock principles have persisted and guided commission  decisions  even
 as policy priorities and the technologies relied upon by regulated util-
 ities and their customers have changed.
   2.  The  climate leadership and community protection act (the "CLCPA")
 requires significant greenhouse gas emission reductions from all sectors
 of New York's economy and directs  state  agencies  and  authorities  to
 prioritize equity for the communities and workers most directly affected
 as they pursue those reductions.
   3. Buildings account for approximately one-third of the greenhouse gas
 emissions  in  New  York  state  and  produce  local air pollution, with
 significant adverse health impacts. Reducing the  greenhouse  gas  emis-
 sions  and  local air pollution emitted from New York's buildings, espe-
 cially in disadvantaged communities, is necessary  to  comply  with  the
 CLCPA.
   4.  Consumers' growing adoption of new electric technologies for space
 heating, water heating, cooking, and other functions  will  increasingly
 require responsive changes on the part of electric and gas corporations.
 The trend toward electrification is expected to eventually pose a funda-
 mental  challenge  to gas corporations' longstanding business model and,
 in particular, make it difficult for gas  corporations  to  recover  the
 full costs of their extensive infrastructure networks from consumers.
   5.  To  enable the commission to plan effectively for a changing legal
 and technological landscape, New York must update how it  regulates  the
 service provided by gas corporations. Appropriate statutory updates will
 enable  alignment  between  energy  infrastructure investments, changing
 technological options and consumer preferences,  and  the  two  thousand
 thirty and two thousand fifty greenhouse gas emission reduction mandates
 in  article  seventy-five of the environmental conservation law. Without
 such updates, it will become increasingly difficult to  ensure  all  New
 Yorkers  have  access  to the energy they need for heating, cooling, and
 powering the buildings in which they live and work at just  and  reason-
 able rates.
   6.  The New York State public service law requires utilities to expand
 natural gas infrastructure in response to requests from consumers,  even
 when the foreseeable costs of such expansion promise to become unmanage-
 able,  and  alternatives  would be more cost-effective. In this way, the
 public service law constrains the commission and department from  ensur-
 S. 8308--A                         85                         A. 8808--A
 
 ing  that  utilities respond appropriately to a changing marketplace and
 the CLCPA's emission reduction requirements.
   a.  Statutorily mandated utility system extension allowances shift the
 significant costs of new customer hookups to existing customers,  creat-
 ing  strong incentives to expand reliance on natural gas and the infras-
 tructure that delivers it while obscuring the costs of such expansion to
 all stakeholders.
   b. Citing their obligation under the public service  law,  gas  corpo-
 rations  in  New York continue investing in the expansion of gas infras-
 tructure despite the risk of that  infrastructure  becoming  a  stranded
 asset.  These  investments  are  made  at  the  expense  of  alternative
 solutions available to utility customers today.
   c. Gas corporations' obligation  to  serve,  codified  in  the  public
 service  law,  is  a major obstacle to development of neighborhood-scale
 building decarbonization projects that would help  align  energy  system
 investments  with  the two thousand thirty and two thousand fifty green-
 house gas emission reduction mandates in  article  seventy-five  of  the
 environmental  conservation law in a manner that mitigates costs for all
 utility customers and ensures a just transition for impacted workers.
   7. Now that multiple liquified natural gas export terminals have inte-
 grated domestic sources of natural gas into  the  international  market,
 New  Yorkers  that  rely  on  natural gas may face generally higher fuel
 prices and greater price volatility. Decarbonizing buildings,  investing
 in  energy  efficiency,  and developing renewable sources of electricity
 will all yield greater energy security and savings for New  York  energy
 consumers.
   8.  Thus,  it is the intent of the legislature to enact the affordable
 gas transition act for the following purposes:
   a. to ensure that regulation and oversight of gas  utilities  pursuant
 to  the  public  service  law  will provide for the timely and strategic
 management of the gas system  in  light  of  changing  technologies  and
 consumer  preferences,  greenhouse  gas emission reduction requirements,
 the need to keep energy affordable for all consumers, and  the  need  to
 ensure a just transition for affected communities and workers;
   b. to provide the commission with statutory authority and direction to
 align  its  regulations  and  gas  and  electric  corporations' planning
 efforts with ongoing changes in technology and consumer  preferences  as
 well as the CLCPA's requirements;
   c.  to end statutorily mandated incentives for the expansion of fossil
 fuel infrastructure while maintaining the equitable provision  of  elec-
 tric  service  for  efficient  heating, cooling, cooking, hot water, and
 other uses;
   d. to address barriers to the provision of affordable access to  elec-
 tricity  for  heating  and  cooling  for  low-income and moderate-income
 consumers; and
   e. to clarify that municipal building codes regulating  on-site  emis-
 sions are not preempted under New York state law.
   9.  This legislation does not establish a ban on the use of gas. It is
 neither the intent nor would it be the effect  of  this  legislation  to
 require  the immediate transition of any existing gas customer to alter-
 native heating and cooling services.
   § 3. Subdivision 1 of section 4 of the public service law, as  amended
 by chapter 594 of the laws of 2021, is amended to read as follows:
   1. There shall be in the department of public service a public service
 commission, which shall possess the powers and duties hereinafter speci-
 fied,  and also all powers necessary or proper to enable it to carry out
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 the purposes of this chapter AND TO ENABLE ACHIEVEMENT  OF  THE  CLIMATE
 JUSTICE  AND  EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE
 ENVIRONMENTAL CONSERVATION LAW. The commission  shall  consist  of  five
 members,  to  be  appointed  by the governor, by and with the advice and
 consent of the senate. A commissioner shall be designated as  [chairman]
 CHAIRPERSON  of the commission by the governor to serve in such capacity
 at the pleasure of the governor or until [his] THEIR term as commission-
 er expires whichever first occurs. At least one commissioner shall  have
 experience  in utility consumer advocacy. No more than three commission-
 ers may be members of the  same  political  party  unless,  pursuant  to
 action  taken  under  subdivision  two  of  this  section, the number of
 commissioners shall exceed five, and in such event  no  more  than  four
 commissioners may be members of the same political party.
   §  4.  Paragraph  b of subdivision 1 and subdivision 2 of section 5 of
 the public service law, paragraph b of  subdivision  1  as  amended  and
 subdivision  2  as added by chapter 155 of the laws of 1970, are amended
 to read as follows:
   b. To the manufacture, conveying, transportation, sale or distribution
 of gas (natural or manufactured or mixture of both) and electricity  for
 light, heat, COOLING, or power, to gas plants and to electric plants and
 to the persons or corporations owning, leasing or operating the same.
   2. The commission shall encourage all persons and corporations subject
 to  its  jurisdiction  to  formulate  and carry out long-range programs,
 individually or cooperatively,  for  the  performance  of  their  public
 service  responsibilities,  INCLUDING  THE  ACHIEVEMENT  OF  THE CLIMATE
 JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW, with economy, efficiency, and care for
 the public safety, the preservation  of  environmental  values  and  the
 conservation of natural resources.
   §  5.  Section 30 of the public service law, as amended by chapter 686
 of the laws of 2002, is amended to read as follows:
   § 30. Residential gas, electric and  steam  service  policy.  1.  This
 article  shall  apply  to  the  provision of all or any part of the gas,
 electric or steam service provided to any residential  customer  by  any
 gas,  electric  or steam and municipalities corporation or municipality.
 It is hereby declared to be the policy of this state that the  continued
 provision  of  [all or any part of such gas,] electric and steam service
 to all residential  customers  without  unreasonable  qualifications  or
 lengthy  delays  is  necessary  for  the  preservation of the health and
 general welfare, IS CONSISTENT  WITH  THE  ACHIEVEMENT  OF  THE  STATE'S
 CLIMATE  JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE
 OF THE ENVIRONMENTAL CONSERVATION LAW, and is in  the  public  interest.
 IT  IS  FURTHER  THE  POLICY OF THIS STATE THAT GAS SERVICE FOR EXISTING
 RESIDENTIAL CUSTOMERS MUST BE PROVIDED IN A  MANNER  THAT  IS  SAFE  AND
 ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL
 RESPECTS  JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY GAS SYSTEM
 TRANSITION TO ACHIEVE CONSISTENCY WITH THE CLIMATE JUSTICE AND  EMISSION
 REDUCTION  MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
 VATION LAW, PRIORITIZING LOW-TO-MODERATE INCOME CUSTOMERS AND  DISADVAN-
 TAGED  COMMUNITIES  AS  DEFINED  IN ARTICLE SEVENTY-FIVE OF THE ENVIRON-
 MENTAL CONSERVATION LAW, AND ENCOURAGING NEIGHBORHOOD-SCALE TRANSITIONS.
   2. THE COMMISSION SHALL REGULATE FOR THE CONTINUED  PROVISION  OF  GAS
 SERVICE  TO  ALL  EXISTING  RESIDENTIAL CUSTOMERS WHO CHOOSE TO CONTINUE
 SERVICE, UNLESS SUCH SERVICE  IS  DISCONTINUED  PURSUANT  TO  A  PROGRAM
 APPROVED  BY  THE COMMISSION. THE COMMISSION SHALL ONLY APPROVE PROGRAMS
 THAT ENSURE AFFECTED CUSTOMERS RETAIN CONTINUOUS ACCESS TO  SAFE,  RELI-
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 ABLE, AND AFFORDABLE ENERGY SERVICES AND CAN SECURE ADEQUATE SUBSTITUTES
 FOR GAS-FIRED SPACE HEATING, WATER HEATING, AND COOKING APPLIANCES PRIOR
 TO THE DISCONTINUANCE OF GAS SERVICE.
   §  6. Subdivisions 1, 3 and 4 of section 31 of the public service law,
 as added by chapter 713 of the laws of  1981,  are  amended  and  a  new
 subdivision 4-a is added to read as follows:
   1.  Every  gas corporation, electric corporation or municipality shall
 provide residential service upon the  oral  or  written  request  of  an
 applicant,  provided  that  ANY  RESIDENTIAL  GAS  SERVICE SHALL ONLY BE
 PROVIDED IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE, AND PROVIDED
 FURTHER THAT the commission may require that requests for service be  in
 writing  under  circumstances  as  it  deems necessary and proper as set
 forth by regulation, and provided further that the applicant:
   (a) makes full payment for residential utility service provided  to  a
 prior account in [his] THE APPLICANT'S name; or
   (b)  agrees  to  make  payments  under  a deferred payment plan of any
 amounts due for service to a prior account in [his] THE APPLICANT'S name
 and makes a down payment based on criteria  to  be  established  by  the
 commission.  No such down payment shall exceed one-half of any money due
 from an applicant for residential utility service, or three months aver-
 age billing, whichever is less; or
   (c) is a recipient of public assistance, supplemental security  income
 or  additional state payments pursuant to the social services law, or is
 an applicant for such assistance, income or payments,  and  the  utility
 corporation or the municipality receives payment from, or is notified of
 the  applicant's eligibility for utility payments by the social services
 official of the social services district in which  such  person  resides
 for  amounts due for service to a prior account in the applicant's name,
 together with guarantee of future payments to the extent  authorized  by
 the social services law; AND
   (D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
 TRIC  CORPORATION,  OR MUNICIPALITY, WRITTEN IN PLAIN LANGUAGE ON INCEN-
 TIVES AND OPPORTUNITIES FOR INSTALLING ENERGY-EFFICIENT ELECTRIC HEATING
 AND COOLING TECHNOLOGIES, WEATHERIZATION,  DEMAND-SIDE  MANAGEMENT,  AND
 DISTRIBUTED ENERGY RESOURCE PROGRAMS.
   (E)  NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT EXIST-
 ING GAS CUSTOMERS, IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND
 SUBJECT TO ANY OTHER REGULATIONS IMPLEMENTED  BY  THE  COMMISSION,  FROM
 RECONNECTING  TO  THE  GAS  CORPORATION'S  SYSTEM FOLLOWING A GAS INTER-
 RUPTION DUE TO EMERGENCY REPAIRS OR REMEDIATION OF LEAKING EQUIPMENT.
   3. Subject to the requirements of subdivisions four, FOUR-A, and  five
 of  this section, AND IN ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE,
 whenever a residential customer moves to  a  new  residence  within  the
 service  territory of the same utility corporation or municipality, [he]
 THE APPLICANT shall be eligible to receive service at the new  residence
 and  such  service shall be considered a continuation of service [in all
 respects], with any deferred payment agreement  honored,  and  with  all
 rights  of  such  customer and such utility corporation provided by this
 article unimpaired.
   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 ELECTRIC service to such a build-
 ing, provided however, that the commission may  require  applicants  for
 service to buildings located in excess of one hundred feet from [gas or]
 electric  transmission  lines to pay or agree in writing to pay material
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 and installation costs relating to the  applicant's  proportion  of  the
 [pipe,] conduit, duct or wire, or other facilities to be installed.
   4-A.  IN  THE  CASE  OF  ANY APPLICATION FOR GAS SERVICE TO A BUILDING
 WHICH IS NOT SUPPLIED WITH GAS, A UTILITY  CORPORATION  OR  MUNICIPALITY
 SHALL  PROVIDE  GAS  SERVICE  TO  SUCH  A  BUILDING AS AUTHORIZED BY THE
 COMMISSION, PROVIDED HOWEVER, THAT THE COMMISSION MAY REQUIRE APPLICANTS
 FOR GAS SERVICE TO BUILDINGS TO PAY OR AGREE IN WRITING TO PAY  MATERIAL
 AND INSTALLATION COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER
 FACILITIES TO BE INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
   §  7. Section 12 of the transportation corporations law, as separately
 amended by chapters 713 and 895 of the laws of 1981, is amended to  read
 as follows:
   §  12.  [Gas and electricity] ELECTRICITY must be supplied on applica-
 tion. Except in the case  of  an  application  for  residential  utility
 service  pursuant to article two of the public service law, upon written
 application of the owner or occupant of any building within one  hundred
 feet  of any [main of a gas corporation or gas and electric corporation,
 or a] line of an electric corporation or gas and  electric  corporation,
 appropriate to the service requested, and payment by [him] THE APPLICANT
 of  all  money due from [him] THE APPLICANT to the corporation, it shall
 supply [gas or] electricity as  may  be  required  for  [lighting]  such
 building,  notwithstanding  there be rent or compensation in arrears for
 gas or electricity supplied,  or  for  meter,  wire,  pipe  or  fittings
 furnished,  to  a former occupant thereof, unless such owner or occupant
 shall have undertaken or agreed with the former occupant to  pay  or  to
 exonerate  [him] THEM from the payment of such arrears, and shall refuse
 or neglect to pay the same; and if for the space of ten days after  such
 application,  and  the  deposit  of a reasonable sum [as provided in the
 next section], if required, the corporation shall refuse or  neglect  to
 supply [gas or electric light] ELECTRICITY as required, such corporation
 shall  forfeit  and pay to the applicant the sum of ten dollars, and the
 further sum of five dollars for every day thereafter during  which  such
 refusal  or  neglect  shall  continue; provided that no such corporation
 shall be required to lay service [pipes or] wires  for  the  purpose  of
 supplying [gas or electric light] ELECTRICITY to any applicant where the
 ground  in  which  such  [pipe  or] wire is required to be laid shall be
 frozen, or shall otherwise present serious obstacles to laying the same;
 nor unless the applicant, if required, shall deposit in advance with the
 corporation a sum of money sufficient to pay the cost  of  [his  propor-
 tion]  THE  APPLICANT'S  PORTION  of  the  [pipe,] conduit, duct or wire
 required to be installed, and the expense of the  installation  of  such
 portion.
   §  8.  The  transportation corporations law is amended by adding a new
 section 13 to read as follows:
   § 13. GAS MUST BE SUPPLIED IN ACCORDANCE WITH PUBLIC  SERVICE  COMMIS-
 SION  RULES  AND  REGULATIONS.  EXCEPT IN THE CASE OF AN APPLICATION FOR
 RESIDENTIAL UTILITY SERVICE  PURSUANT  TO  ARTICLE  TWO  OF  THE  PUBLIC
 SERVICE  LAW,  UPON  WRITTEN APPLICATION OF THE OWNER OR OCCUPANT OF ANY
 BUILDING WITHIN ONE HUNDRED FEET OF ANY MAIN OF A GAS CORPORATION OR GAS
 AND ELECTRIC CORPORATION  APPROPRIATE  TO  THE  SERVICE  REQUESTED,  AND
 PAYMENT  BY  THE  APPLICANT  OF  ALL MONEY DUE FROM THE APPLICANT TO THE
 CORPORATION, IT SHALL SUPPLY GAS FOR SUCH BUILDING AS AUTHORIZED BY  THE
 COMMISSION, NOTWITHSTANDING THERE BE RENT OR COMPENSATION IN ARREARS FOR
 GAS  SUPPLIED,  OR  FOR  METER,  PIPE OR FITTINGS FURNISHED, TO A FORMER
 OCCUPANT THEREOF, UNLESS SUCH OWNER OR OCCUPANT SHALL HAVE UNDERTAKEN OR
 AGREED WITH THE FORMER OCCUPANT TO PAY OR TO  EXONERATE  THEM  FROM  THE
 S. 8308--A                         89                         A. 8808--A
 
 PAYMENT  OF  SUCH  ARREARS, AND SHALL REFUSE OR NEGLECT TO PAY THE SAME;
 AND IF FOR THE SPACE OF TEN DAYS AFTER SUCH APPLICATION, AND THE DEPOSIT
 OF A REASONABLE SUM,  IF  REQUIRED,  THE  CORPORATION  SHALL  REFUSE  OR
 NEGLECT  TO SUPPLY GAS AS REQUIRED PURSUANT TO PUBLIC SERVICE COMMISSION
 RULES AND REGULATIONS, SUCH CORPORATION SHALL FORFEIT  AND  PAY  TO  THE
 APPLICANT  THE  SUM  OF TEN DOLLARS, AND THE FURTHER SUM OF FIVE DOLLARS
 FOR EVERY DAY THEREAFTER DURING WHICH  SUCH  REFUSAL  OR  NEGLECT  SHALL
 CONTINUE;  PROVIDED  THAT  NO  SUCH CORPORATION SHALL BE REQUIRED TO LAY
 SERVICE PIPES FOR THE PURPOSE OF SUPPLYING GAS TO  ANY  APPLICANT  WHERE
 THE GROUND IN WHICH SUCH PIPE IS REQUIRED TO BE LAID SHALL BE FROZEN, OR
 SHALL OTHERWISE PRESENT SERIOUS OBSTACLES TO LAYING THE SAME; NOR UNLESS
 THE  APPLICANT,  IF  REQUIRED,  SHALL DEPOSIT IN ADVANCE WITH THE CORPO-
 RATION A SUM OF MONEY SUFFICIENT TO PAY THE  MATERIAL  AND  INSTALLATION
 COSTS RELATING TO ALL OR A PORTION OF THE PIPE OR OTHER FACILITIES TO BE
 INSTALLED TO ENABLE SERVICE TO THE APPLICANT.
   § 9. Subdivision 2 of section 66 of the public service law, as amended
 by  chapter 877 of the laws of 1953, is amended and two new subdivisions
 2-b and 12-e are added to read as follows:
   2. Investigate and ascertain, from time to time, the  quality  of  gas
 supplied  by persons, corporations and municipalities; examine or inves-
 tigate the methods employed by such persons,  corporations  and  munici-
 palities in manufacturing, distributing and supplying gas or electricity
 for  light,  heat,  COOLING,  or power and in transmitting the same, and
 have power to order such reasonable improvements as  will  best  promote
 the  public interest, preserve the public health and protect those using
 such gas or electricity  and  those  employed  in  the  manufacture  and
 distribution  thereof,  and  have power to order reasonable improvements
 and extensions of the works, wires, poles, lines,  conduits,  ducts  and
 other  reasonable  devices,  apparatus and property of gas corporations,
 electric corporations and municipalities; and have power after an inves-
 tigation and a hearing to order any corporation having  authority  under
 any  general  or  special  law or under any charter or franchise, to lay
 down, erect or maintain wires, pipes, conduits, ducts or other  fixtures
 in, over or under the streets, highways and public places of any munici-
 pality  for  the  purpose  of supplying, selling or distributing natural
 gas, to augment its supply of natural gas, whenever the commission deems
 necessary and whenever artificial gas can  be  reasonably  obtained,  by
 acquiring  by  purchase, manufacture or otherwise a supply thereof to be
 mixed with such natural gas, in order to render adequate service to  the
 customers  of such corporation or to maintain a proper and uniform pres-
 sure; and have power after an investigation and a hearing to  order  any
 corporation  having  authority under any general or special law or under
 any charter or franchise, to lay down, erect or maintain  wires,  pipes,
 conduits,  ducts  or other fixtures in, over or under the streets, high-
 ways and public places of any municipality for the purpose of supplying,
 selling or distributing artificial gas, to augment its supply of artifi-
 cial gas, whenever the commission deems necessary and  whenever  natural
 gas  can be reasonably obtained, by acquiring by purchase or otherwise a
 supply thereof to be mixed with such artificial gas, in order to  render
 adequate  service  to the customers of such corporation or to maintain a
 proper and uniform pressure; and to fix such rate for the  supplying  of
 mixed  gas  as  shall  secure to such corporation a fair return; and may
 order the curtailment or discontinuance of the use of  natural  gas  for
 manufacturing  or  industrial  purposes,  for periods aggregating not to
 exceed four months in any calendar year, if it  is  established  to  the
 satisfaction  of  the  commission  that the supply of natural gas is not
 S. 8308--A                         90                         A. 8808--A
 
 adequate to meet the reasonable demands of domestic consumption [and may
 prohibit the use of natural gas in wasteful devices and practices].
   2-B. HAVE POWER TO PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL DEVICES
 AND PRACTICES, AND TO ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE
 OF  ALL  OR  PORTIONS  OF THE WORKS, PIPES, AND OTHER GAS PLANT OF A GAS
 CORPORATION, WHERE THE COMMISSION HAS DETERMINED THAT  SUCH  CURTAILMENT
 OR DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLI-
 CY, PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
 WITH  A  COMMISSION-APPROVED  PROGRAM  TO  ACHIEVE  CONSISTENCY WITH THE
 CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE  SEVENTY-FIVE
 OF  THE  ENVIRONMENTAL  CONSERVATION  LAW, INCLUDING THE OPPORTUNITY FOR
 RECOVERY OF THE GAS CORPORATION'S INVESTMENT IN SUCH SYSTEM AT JUST  AND
 REASONABLE RATES.
   12-E.  THE  COMMISSION  SHALL  REVIEW THE CAPITAL CONSTRUCTION PLAN OF
 EACH GAS CORPORATION AND ESTABLISH A PROCESS TO EXAMINE FEASIBLE  ALTER-
 NATIVES  TO SUCH CONSTRUCTION IN ORDER TO ALIGN WITH THE CLIMATE JUSTICE
 AND EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE  ENVIRON-
 MENTAL  CONSERVATION  LAW.  THE  COMMISSION MAY REQUIRE PARTICIPATION IN
 SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH A SERVICE  AREA  OVERLAP-
 PING THE SERVICE AREA OF THE GAS CORPORATION.
   § 10. Section 66-a of the public service law, as added by chapter 7 of
 the laws of 1948, subdivision 1 as amended and subdivision 3 as added by
 chapter 582 of the laws of 1975, subdivision 2 as amended by chapter 722
 of the laws of 1977, is amended to read as follows:
   § 66-a. Conservation  of  gas,  declaration  of  policy, delegation of
 power.  1. It is hereby declared to be the policy  of  this  state  that
 when  there  develops  in  any area a situation under which a gas corpo-
 ration supplying gas to such area is unable to meet the reasonable needs
 of its consumers and of persons or  corporations  applying  for  new  or
 additional  gas  service, the available supply of gas shall be allocated
 among the customers of such gas corporation, in such manner  as  may  be
 necessary  to  protect public health and safety and to avoid undue hard-
 ship, PARTICULARLY FOR  LOW-TO-MODERATE  INCOME  RESIDENTIAL  CUSTOMERS,
 ELECTRIC  GENERATION NEEDED FOR ELECTRIC SYSTEM RELIABILITY, AND CUSTOM-
 ERS WITH HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES,  pursuant  to
 rules  and  regulations as may be adopted by the commission, and that to
 carry out this declared policy the jurisdiction of  the  public  service
 commission should be clarified.
   2. Notwithstanding the provisions of any statute or any franchise held
 by  a gas corporation, the commission shall have power, upon the finding
 that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE
 CLIMATE JUSTICE AND EMISSION REDUCTION MANDATES IN ARTICLE  SEVENTY-FIVE
 OF THE ENVIRONMENTAL CONSERVATION LAW, OR THAT there exists such a shor-
 tage of gas in any area in the state, that the gas corporation supplying
 such  area  is unable and will be unable to secure or produce sufficient
 gas to meet the reasonable needs of its  customers  and  of  persons  or
 corporations applying for new or additional gas service, to require such
 corporation  to  immediately  discontinue  the supplying of gas to addi-
 tional customers or of supplying additional service to  present  custom-
 ers,  for  such  purpose or purposes as may be designated by the commis-
 sion, or to  customers  using  gas  for  a  purpose  prohibited  by  the
 commission  pursuant  to  this  act,  and that upon the finding that the
 supply of gas available is  and  will  be  insufficient  to  supply  the
 demands  of  all consumers receiving service, to require such gas corpo-
 ration to curtail or discontinue  service  to  any  or  all  classes  of
 customers  of  such  gas  corporation.  In  imposing such a direction or
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 requirement, the commission shall give consideration first  to  existing
 domestic  uses  and  uses  deemed  to  be necessary by the commission to
 protect public health and safety and to avoid undue hardship [and  shall
 be  limited  to the period of the emergency provided that the gas corpo-
 ration affected shall make such restriction,  curtailing  or  discontin-
 uance  applicable  to  all customers or applicants for service in a like
 class. If the commission determines that good cause exists for supplying
 service to additional customers or for supplying additional  service  to
 some  existing  customers, notwithstanding the curtailment or discontin-
 uance of service to other existing customers, it shall,  to  the  extent
 feasible, allocate gas with equal priority to new or additional domestic
 uses  of  gas  and  commercial or industrial processes which require gas
 because there is no practical substitute for it in  such  proportion  as
 the  commission  determines to be reasonable.  Provided that the commis-
 sion shall be permitted, after public hearing, to authorize any  natural
 gas  produced  from  lands  under the waters of Lake Erie to be used for
 process or feedstock requirements].  The  commission  is  authorized  to
 adopt such rules, regulations and orders as are necessary or appropriate
 to carry out these delegated powers.
   3.  In carrying out the delegated powers provided for in this section,
 the commission shall, to the extent practicable, determine and establish
 gas conservation measures or standards, INCLUDING ENERGY-EFFICIENT ELEC-
 TRIFICATION OF GAS END USES. The commission may require compliance  with
 such measures or standards as a condition of receiving service.
   4.  THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI-
 TIONAL GAS SERVICE IS WARRANTED NOTWITHSTANDING  THE  NEED  TO  CONSERVE
 RESOURCES  FOR  SERVICE  TO  EXISTING  GAS CUSTOMERS. SUCH DETERMINATION
 SHALL BE CONSISTENT WITH THE ACHIEVEMENT  OF  THE  CLIMATE  JUSTICE  AND
 EMISSION REDUCTION MANDATES IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
 CONSERVATION  LAW,  AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING ECONOMIC
 DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING LOW-TO-MOD-
 ERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY  AND  ADEQUACY,  EQUITY
 TOWARD  EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNATIVES, AND THE
 FEASIBILITY OF NEIGHBORHOOD-SCALE ALTERNATIVES TO USAGE  OF  FUELS  WITH
 HIGH  LIFE-CYCLE GREENHOUSE GAS EMISSIONS AND ON-SITE CO-POLLUTANT EMIS-
 SIONS, INCLUDING THERMAL ENERGY NETWORKS.
   § 11. Section 66-b of the public service law is REPEALED.
   § 12. The public service law is amended by adding a new  section  66-w
 to read as follows:
   §  66-W.  EXPANSION OF GAS PLANT INTO NEW AREAS. EXCEPT AS PROVIDED IN
 THIS SECTION, AND NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  CHAPTER,
 AFTER  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND TWENTY-FIVE, NO GAS CORPO-
 RATION SHALL COMMENCE CONSTRUCTION OF A NEW GAS PLANT THAT WOULD  EXPAND
 THE  AVAILABILITY OF SERVICE INTO GEOGRAPHIC AREAS WHERE GAS SERVICE WAS
 NOT AVAILABLE PRIOR TO THAT DATE AS DEFINED BY THE APPLICABLE  UTILITY'S
 CERTIFICATE  OF PUBLIC CONVENIENCE AND NECESSITY APPROVED BY THE COMMIS-
 SION. THE COMMISSION MAY AUTHORIZE EXCEPTIONS ON A  CASE-BY-CASE  BASIS,
 PROVIDED  THAT  THE  COMMISSION  FINDS THAT SUCH CONSTRUCTION SERVES THE
 PUBLIC INTEREST OR ALTERNATIVES TO GAS SERVICE ARE EITHER NOT TECHNICAL-
 LY FEASIBLE OR PROHIBITIVELY EXPENSIVE.
   § 13. Severability clause. The provisions of this act shall be severa-
 ble and if the application of any clause, sentence, paragraph,  subdivi-
 sion,  section,  or  part thereof to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not necessarily affect, impair, or invalidate the appli-
 cation of any such clause, sentence,  paragraph,  subdivision,  section,
 S. 8308--A                         92                         A. 8808--A
 
 part  or  remainder  thereof,  as  the case may be, to any other person,
 circumstance, 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 judgment shall have been
 rendered.
   § 14. This act shall take effect immediately.
 
                                  PART Q
 
   Section 1. Expenditures of moneys appropriated to  the  department  of
 agriculture and markets from the special revenue funds-other/state oper-
 ations,  miscellaneous  special revenue fund-339, public service account
 shall be subject to the provisions of this section. Notwithstanding  any
 other  provision  of  law  to the contrary, direct and indirect expenses
 relating to the department of agriculture and markets' participation  in
 general  ratemaking  proceedings  pursuant  to  section 65 of the public
 service law or certification proceedings pursuant to article 7 or 10  of
 the  public  service  law, shall be deemed expenses of the department of
 public service within the meaning of section 18-a of the public  service
 law. No later than August 15th annually, the commissioner of the depart-
 ment  of  agriculture  and  markets  shall  submit an accounting of such
 expenses, including, but not limited to, expenses  in  the  prior  state
 fiscal  year for personal and non-personal services and fringe benefits,
 to the chair of the public service commission  for  the  chair's  review
 pursuant to the provisions of section 18-a of the public service law.
   §  2.  Expenditures  of moneys appropriated to the department of state
 from the special  revenue  funds-other/state  operations,  miscellaneous
 special revenue fund-339, public service account shall be subject to the
 provisions  of this section.  Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the activities
 of the department of  state's  utility  intervention  unit  pursuant  to
 subdivision  4  of section 94-a of the executive law, including, but not
 limited to participation in general ratemaking proceedings  pursuant  to
 section 65 of the public service law or certification proceedings pursu-
 ant  to  article 7 or 10 of the public service law, and expenses related
 to the activities of the  major  renewable  energy  development  program
 established  by  section  94-c  of  the  executive  law, shall be deemed
 expenses of the department of  public  service  within  the  meaning  of
 section 18-a of the public service law.  No later than August 15th annu-
 ally,  the  secretary  of  state  shall  submit  an  accounting  of such
 expenses, including, but not limited to, expenses  in  the  prior  state
 fiscal  year for personal and non-personal services and fringe benefits,
 to the chair of the public service commission  for  the  chair's  review
 pursuant to the provisions of section 18-a of the public service law.
   §  3.  Expenditures  of  moneys  appropriated  to the office of parks,
 recreation and historic preservation from  the  special  revenue  funds-
 other/state  operations,  miscellaneous special revenue fund-339, public
 service account shall be subject to  the  provisions  of  this  section.
 Notwithstanding  any  other provision of law to the contrary, direct and
 indirect expenses relating  to  the  office  of  parks,  recreation  and
 historic  preservation's participation in general ratemaking proceedings
 pursuant to section 65  of  the  public  service  law  or  certification
 proceedings pursuant to article 7 or 10 of the public service law, shall
 be  deemed expenses of the department of public service within the mean-
 ing of section 18-a of the public service law. No later than August 15th
 annually, the commissioner  of  the  office  of  parks,  recreation  and
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 historic  preservation  shall  submit  an  accounting  of such expenses,
 including, but not limited to, expenses in the prior state  fiscal  year
 for personal and non-personal services and fringe benefits, to the chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 18-a of the public service law.
   § 4. Expenditures of moneys appropriated to the department of environ-
 mental conservation from the  special  revenue  funds-other/state  oper-
 ations,  environmental  conservation  special  revenue fund-301, utility
 environmental regulation account shall be subject to the  provisions  of
 this  section. Notwithstanding any other provision of law to the contra-
 ry, direct and indirect expenses relating to the department of  environ-
 mental  conservation's participation in state energy policy proceedings,
 or certification proceedings pursuant to article 7 or 10 of  the  public
 service  law,  shall  be  deemed  expenses  of  the department of public
 service within the meaning of section 18-a of the public service law. No
 later than August 15th annually, the commissioner of the  department  of
 environmental  conservation shall submit an accounting of such expenses,
 including, but not limited to, expenses in the prior state  fiscal  year
 for personal and non-personal services and fringe benefits, to the chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 18-a of the public service law.
   § 5. Notwithstanding any other law, rule or regulation to the  contra-
 ry,  expenses  of  the  department  of  health  public service education
 program incurred pursuant to appropriations from  the  cable  television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses  of the department of public service. No later than August 15th
 annually, the commissioner of the department of health shall  submit  an
 accounting  of  expenses  in the prior state fiscal year to the chair of
 the public service commission for the chair's  review  pursuant  to  the
 provisions of section 217 of the public service law.
   §  6.  Any  expense  deemed to be expenses of the department of public
 service pursuant to sections one through four of this act shall  not  be
 recovered  through  assessments  imposed  upon telephone corporations as
 defined in subdivision 17 of section 2 of the public service law.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2024 and shall
 expire and be deemed repealed April 1, 2029.
 
                                  PART R
 
   Section 1. Subdivision 2 of section 195 of the agriculture and markets
 law, as amended by section 2 of part D of chapter  82  of  the  laws  of
 2002, is amended to read as follows:
   2.  Upon  application,  a  weighmaster's  license may be issued by the
 commissioner to an employee of a person,  firm,  partnership  or  corpo-
 ration whose business requires, by contract or otherwise, that materials
 or  commodities  manufactured, produced, distributed, sold or handled by
 such person, firm, partnership or corporation be weighed by  a  licensed
 weighmaster;  or  such license may be issued to an individual engaged in
 the weighing of materials or commodities. The  applicant  shall  furnish
 satisfactory  evidence  of  good character and of ability to weigh accu-
 rately and to make correct weight tickets.   [He]  THE  APPLICANT  shall
 also  furnish  evidence  that  [he]  SUCH  APPLICANT owns, leases or has
 access to a stationary scale within the state suitable for weighing  the
 materials  or  commodities  to be weighed by [him] THE APPLICANT or that
 [he] THE APPLICANT is regularly employed by a person, firm,  partnership
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 or  corporation who owns, leases or has access to such a scale which has
 been tested and sealed by the weights and measures official charged with
 such duty. The applicant shall pay [a fee of fifteen dollars] AN  APPRO-
 PRIATE  FEE  COMMENSURATE  WITH  COSTS AS ESTABLISHED BY REGULATION.   A
 license shall be for a period not  exceeding  three  years  and  may  be
 renewed  in  the  discretion of the commissioner upon payment of the fee
 aforesaid. Such license shall be kept at the place where the weighmaster
 is engaged in weighing and shall be open to inspection.  An  application
 may  be  denied or a license may be revoked by the commissioner, after a
 hearing upon due notice to the applicant or  licensee,  for  dishonesty,
 incompetency,  inaccuracy or a violation of the provisions of this arti-
 cle or the rules and regulations adopted pursuant thereto.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART S
 
   Section 1. Subdivision 3  of  section  54-1511  of  the  environmental
 conservation  law,  as added by section 5 of part U of chapter 58 of the
 laws of 2016, is amended to read as follows:
   3. State assistance payments shall not exceed  fifty  percent  of  the
 project cost or two million dollars, whichever is less, PROVIDED HOWEVER
 IF  A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT RELATING
 TO EITHER FINANCIAL HARDSHIP OR DISADVANTAGED  COMMUNITIES  PURSUANT  TO
 SECTION  75-0101  OF  THIS CHAPTER, THE COMMISSIONER MAY AUTHORIZE STATE
 ASSISTANCE PAYMENTS OF UP TO EIGHTY PERCENT OF THE PROJECT COST  OR  TWO
 MILLION  DOLLARS,  WHICHEVER  IS  LESS.  Such costs are subject to final
 computation and determination by the commissioner upon completion of the
 project, and shall not exceed the maximum eligible cost set forth in the
 contract.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Section 72-0302 of the environmental conservation  law,  as
 amended  by  chapter  608  of the laws of 1993, the opening paragraph of
 subdivision 1 and the closing paragraph as amended by chapter 432 of the
 laws of 1997, and paragraph (e) of subdivision 1 as  amended  and  para-
 graphs  (f) and (g) of subdivision 1 as relettered by chapter 170 of the
 laws of 1994, is amended to read as follows:
 § 72-0302. State air quality control fees.
   1. All persons, except those required  to  pay  a  fee  under  section
 72-0303  of  this  [article] TITLE, who are required to obtain a permit,
 [certificate] REGISTRATION or OTHER OPERATING approval pursuant  to  the
 state  air quality control program AND THE RULES AND REGULATIONS ADOPTED
 BY THE DEPARTMENT HEREUNDER shall submit to the department [a per  emis-
 sion point] AN ANNUAL fee in an amount established as follows:
   a. [$11,000.00 for a stationary combustion installation having a maxi-
 mum  operating heat input equal to or greater than fifty million British
 thermal units per hour as stated on the most recent  application  for  a
 permit  to  construct  or  application  for a certificate to operate and
 which emits or has the potential to emit equal to or  greater  than  any
 one of the following:
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   (i)  one hundred tons per year of oxides of nitrogen, or if located in
 a severe ozone nonattainment area, twenty-five tons per year; or
   (ii) one hundred tons per year of sulfur dioxide; or
   (iii)  one  hundred  tons per year of particulates] $5,000.00 FOR EACH
 STATE FACILITY PERMIT.
   b. [$2,000.00 for all stationary combustion  installations  which  are
 not  included  under  paragraph  a  of this subdivision and which have a
 maximum operating heat input greater than fifty million British  thermal
 units  per  hour  as stated on the most recent application for a certif-
 icate to operate] $500.00  FOR  EACH  REGISTRATION  OR  OTHER  OPERATING
 APPROVAL.
   [c.  $100.00 for a stationary combustion installation having a maximum
 operating heat input less than fifty million British thermal  units  per
 hour as stated on the most recent application for a certificate to oper-
 ate.
   d.  $2,000.00  for  a  process  air contamination source for an annual
 emission rate equal to or greater than twenty-five tons per year of  any
 one  of  the following: sulfur dioxide, nitrogen dioxide, total particu-
 lates, carbon monoxide,  total  volatile  organic  compounds  and  other
 specific  air contaminants. The annual emission rate shall be the actual
 annual emission rate as stated on the  most  recent  application  for  a
 permit to construct or application for a certificate to operate.  In the
 event  that  hours  of operation have not been specified on the applica-
 tions then maximum possible hours of operation (8760 hours) will be used
 to calculate actual annual emissions.
   e. $160.00 for a process air contamination source, except  a  gasoline
 dispencing  site, for an annual emission rate less than twenty-five tons
 per year of any one of the following: sulfur dioxide, nitrogen  dioxide,
 total  particulates,  carbon  monoxide, total volatile organic compounds
 and other specific air contaminants. The annual emission rate  shall  be
 the actual annual emission rate as applied for on the most recent appli-
 cation  for  a  permit  to construct or application for a certificate to
 operate. In the event that hours of operation have not been specified on
 the applications then maximum possible hours of operation  (8760  hours)
 will be used to calculate actual annual emissions.
   f.  $2,000.00  for  an  incinerator  capable  of charging two thousand
 pounds of refuse per hour or greater.  The  charging  capacity  will  be
 established  in  accordance  with  the  application  for the most recent
 permit to construct or application for  a  certificate  to  operate  the
 incinerator source and will be calculated on an emission point basis.
   g.  $160.00  for  an  incinerator with a maximum design charge rate of
 less than two thousand pounds of refuse per hour. The charging  capacity
 will  be  established  in  accordance  with the application for the most
 recent permit to construct or application for a certificate  to  operate
 the  incinerator  source  and  will  be  calculated on an emission point
 basis.]
   Provided, however, that where  a  city  or  county  is  delegated  the
 authority  to  administer  the state air quality control program, or any
 portion thereof, pursuant to paragraph p of subdivision two  of  section
 3-0301  of  this  chapter  and  such  city  or  county collects a fee in
 connection with the issuance of a permit, [certificate] REGISTRATION  or
 OTHER  OPERATING approval [for a combustion installation, incinerator or
 process air contamination source] PURSUANT  TO  THE  STATE  AIR  QUALITY
 CONTROL  PROGRAM AND THE RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT
 HEREUNDER, no additional liability for fees  under  this  section  shall
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 accrue  for the particular combustion installation, incinerator or proc-
 ess air contamination source that is subject to the delegation.
   §  2.  Subdivisions 1, 3 and 5 of section 72-0303 of the environmental
 conservation law, subdivisions 1 and 3 as amended by section 1 of part D
 of chapter 413 of the laws of 1999, the opening paragraph of subdivision
 1 as amended by section 1 of part Y of chapter 58 of the  laws  of  2015
 and  subdivision  5  as  added  by  chapter 608 of the laws of 1993, are
 amended to read as follows:
   1. Commencing January first, two thousand [fifteen]  TWENTY-SEVEN  and
 every year thereafter, all sources of regulated air contaminants identi-
 fied  pursuant  to  subdivision  one  of section 19-0311 of this chapter
 shall submit to the department an annual base fee of [two] TEN  thousand
 [five hundred] dollars PER FACILITY.  This base fee shall be in addition
 to  the  fees listed below.  Commencing January first, [nineteen hundred
 ninety-four] TWO THOUSAND TWENTY-SEVEN and every  year  thereafter,  all
 sources of regulated air contaminants identified pursuant to subdivision
 one of section 19-0311 of this chapter shall submit to the department an
 annual  fee  not  to exceed [the] TWO HUNDRED FORTY-FIVE DOLLARS per ton
 [fees described below. The per ton fee is assessed on each ton of  emis-
 sions  up  to seven thousand tons annually of each regulated air contam-
 inant as follows:  sixty dollars per ton for facilities with total emis-
 sions less than one thousand tons annually; seventy dollars per ton  for
 facilities  with  total  emissions of one thousand or more but less than
 two thousand tons annually; eighty dollars per ton for  facilities  with
 total emissions of two thousand or more but less than five thousand tons
 annually; and ninety dollars per ton for facilities with total] OF emis-
 sions  of  [five  thousand  or more tons annually] REGULATED AIR CONTAM-
 INANTS.  Such [fee] FEES shall be sufficient to support an appropriation
 approved by the legislature for the direct and indirect costs associated
 with the operating permit program established in section 19-0311 of this
 chapter. Such [fee] FEES shall be  established  by  the  department  and
 shall be calculated by dividing the amount of the current year appropri-
 ation from the operating permit program account of the clean air fund by
 the  total  tons  of  emissions of regulated air contaminants, INCLUDING
 HAZARDOUS AIR POLLUTANTS, that  are  subject  to  the  operating  permit
 program fees from sources subject to the operating permit program pursu-
 ant  to section 19-0311 of this chapter [up to seven thousand tons annu-
 ally of each regulated air contaminant from each source]; provided that,
 in making such calculation, the department  shall  adjust  their  calcu-
 lation  to  account  for  any deficit or surplus in the operating permit
 program account of the clean air fund established  pursuant  to  section
 ninety-seven-oo  of  the state finance law[; any loan repayment from the
 mobile source account of the clean  air  fund  established  pursuant  to
 section  ninety-seven-oo  of  the  state  finance  law;] and the rate of
 collection by the department of the bills issued for the [fee] FEES  for
 the prior year.
   Notwithstanding  the  provisions of the state administrative procedure
 act, such calculation and [fee] FEES shall be established as a  rule  by
 publication  in  the  Environmental Notice Bulletin no later than thirty
 days after the budget bills making appropriations  for  the  support  of
 government  are  enacted  or July first, whichever is later, of the year
 such [fee] FEES will be effective. In no  event  shall  the  [fee]  FEES
 established herein be any greater than the maximum fee identified pursu-
 ant to this section.
   3.  Effective  January  first,  [nineteen hundred ninety-seven through
 December thirty-first, nineteen hundred ninety-eight] TWO THOUSAND TWEN-
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 TY-SEVEN AND EACH YEAR THEREAFTER, and notwithstanding the  requirements
 of  the  state  administrative  procedure  act,  [the cap of twenty-five
 dollars] EACH per ton FEE shall increase by the percentage, if  any,  by
 which  the consumer price index exceeds the consumer price index for the
 [calendar] PRIOR CALENDAR year [nineteen hundred eighty-nine].
   a. The consumer price index for any PRIOR calendar year is the average
 of the consumer price index for all urban  consumers  published  by  the
 United  States  department of labor, as of the close of the twelve-month
 period ending on August thirty-first of each calendar year.
   b. The [revision of the] DEPARTMENT SHALL USE THE MOST RECENT consumer
 price index [for the calendar year nineteen hundred eighty-nine shall be
 used in the event] PUBLISHED BY the department  of  labor  [revises  its
 method of determining the consumer price index].
   5.  Any regulated air contaminant subject to the fees imposed pursuant
 to this section which qualifies as both a volatile organic compound  and
 a  hazardous air pollutant regulated pursuant to section 7412 of the Act
 shall not be counted under both categories AND SHALL ONLY BE COUNTED  AS
 A HAZARDOUS AIR POLLUTANT for the purpose of assessing fees.
   §  3.  Subdivision 7 of section 72-0303 of the environmental conserva-
 tion law is REPEALED.
   § 4. Subdivisions 8, 9 and 10 of section 72-0303 of the  environmental
 conservation law are renumbered subdivisions 7, 8 and 9.
   §  5.  Paragraph  c  of  subdivision  2  of section 97-oo of the state
 finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
   § 6. The environmental conservation law is amended  by  adding  a  new
 section 19-0328 to read as follows:
 § 19-0328. FEE PROGRAMS.
   1.  IN  ORDER  TO  COMPLY  WITH THE STATUTORY MANDATES OF THE ACT, THE
 DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR PERMITTING
 FEE PROGRAMS, INCLUDING BUT NOT LIMITED TO THE PROGRAMS  ESTABLISHED  BY
 TITLE V AND SECTION 7511D OF THE ACT.
   2.  SUCH  FEE  SHALL  BE CALCULATED BASED UPON TON OF VOLATILE ORGANIC
 COMPOUND, OXIDES OF NITROGEN, OR OTHER REGULATED AIR CONTAMINANT EMITTED
 AS SET FORTH IN THE ACT, THIS ARTICLE OR  OTHERWISE  PURSUANT  TO  REGU-
 LATION ESTABLISHED BY THE DEPARTMENT.
   3.  THE  DEPARTMENT  MAY FURTHER ESTABLISH BY RULE OR RULES ADDITIONAL
 PROCEDURES FOR ASSESSMENT OF AND COLLECTION OF SUCH FEES.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  one,  three, four, five, and six of this act shall take effect
 January 1, 2025; and provided further, however, that section two of this
 act shall take effect January 1, 2027.
 
                                  PART U
 
   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  STATE  AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE SUCH ENTITY
 IS UNDERTAKING A PROJECT FUNDED IN WHOLE, OR IN PART, BY  THE  NEW  YORK
 STATE  ENVIRONMENTAL  BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN PART BY
 THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
 INFRASTRUCTURE INVESTMENT AND  JOBS  ACT  OF  2021,  AND  THE  INFLATION
 REDUCTION ACT OF 2022.
   §  2.   Subdivision 1 of section 1680 of the public authorities law is
 amended by adding a new undesignated paragraph to read as follows:
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   ANY STATE AGENCY, COUNTY, CITY, TOWN, AND VILLAGE, WHERE  SUCH  ENTITY
 IS  UNDERTAKING  A  PROJECT FUNDED IN WHOLE, OR IN PART, BY THE NEW YORK
 STATE ENVIRONMENTAL BOND ACT OF 2022; OR FUNDED IN WHOLE OR IN  PART  BY
 THE FEDERAL GOVERNMENT THROUGH THE AMERICAN RESCUE PLAN ACT OF 2021, THE
 INFRASTRUCTURE  INVESTMENT  AND  JOBS  ACT  OF  2021,  AND THE INFLATION
 REDUCTION ACT OF 2022.
   § 3. 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 MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY  THEREOF,
 FIRE  DISTRICT,  SPECIAL  DISTRICT, LOCAL AGENCY, INDUSTRIAL DEVELOPMENT
 AGENCY, OR LOCAL DEVELOPMENT  CORPORATION,  RECEIVING  LOANS  OR  GRANTS
 AWARDED  PURSUANT  TO:  (I) THE DOWNTOWN REVITALIZATION PROGRAM ADMINIS-
 TERED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND  COMMU-
 NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
 TATION,  AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
 RECONSTRUCTION,   IMPROVEMENT,   RENOVATION,   DEVELOPMENT,   EXPANSION,
 FURNISHING,  AND  EQUIPPING  OF  SUCH  TRANSFORMATIVE  HOUSING, ECONOMIC
 DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
 ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
 ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
 TRANSPORTATION  AND  COMMUNITY  PROJECTS,  FOR  THE  PLANNING,   DESIGN,
 CONSTRUCTION,   RECONSTRUCTION,  IMPROVEMENT,  RENOVATION,  DEVELOPMENT,
 EXPANSION, FURNISHING,  AND  EQUIPPING  OF  SUCH  ECONOMIC  DEVELOPMENT,
 TRANSPORTATION  AND  COMMUNITY  PROJECTS  FOR  WHICH  THE  RECIPIENT WAS
 AWARDED SUCH GRANT.
   § 4.  Subdivision 1 of section 1680 of the public authorities  law  is
 amended by adding a new undesignated paragraph to read as follows:
   ANY  MUNICIPAL CORPORATION, SUBDIVISION, DEPARTMENT OR AGENCY THEREOF,
 FIRE DISTRICT, SPECIAL DISTRICT, LOCAL  AGENCY,  INDUSTRIAL  DEVELOPMENT
 AGENCY,  OR  LOCAL  DEVELOPMENT  CORPORATION,  RECEIVING LOANS OR GRANTS
 AWARDED PURSUANT TO: (I) THE DOWNTOWN  REVITALIZATION  PROGRAM  ADMINIS-
 TERED  BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT, TRANSPOR-
 TATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,  CONSTRUCTION,
 RECONSTRUCTION,   IMPROVEMENT,   RENOVATION,   DEVELOPMENT,   EXPANSION,
 FURNISHING, AND  EQUIPPING  OF  SUCH  TRANSFORMATIVE  HOUSING,  ECONOMIC
 DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH THE RECIPI-
 ENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD GRANT PROGRAM
 ADMINISTERED BY THE DEPARTMENT OF STATE RELATED TO ECONOMIC DEVELOPMENT,
 TRANSPORTATION   AND  COMMUNITY  PROJECTS,  FOR  THE  PLANNING,  DESIGN,
 CONSTRUCTION,  RECONSTRUCTION,  IMPROVEMENT,  RENOVATION,   DEVELOPMENT,
 EXPANSION,  FURNISHING,  AND  EQUIPPING  OF  SUCH  ECONOMIC DEVELOPMENT,
 TRANSPORTATION AND  COMMUNITY  PROJECTS  FOR  WHICH  THE  RECIPIENT  WAS
 AWARDED SUCH GRANT.
   § 5. Subdivision 13-a of section 3 of chapter 359 of the laws of 1968,
 constituting  the  facilities  development  corporation act, as added by
 section 1 of chapter 968 of the laws of 1981,  is  amended  to  read  as
 follows:
   13-a.  "Municipal building" shall mean [a] ANY building, STRUCTURE, OR
 IMPROVEMENT, INCLUDING, WITHOUT LIMITATION, INFRASTRUCTURE IMPROVEMENTS,
 including grading or improvement of the site, furnishings, equipment and
 utility services in conjunction with such [a building, to be principally
 used for the administrative offices of a municipality or for the storage
 or repair of maintenance equipment] PROJECT.   Nothing herein  shall  be
 construed to prevent the corporation from entering into an agreement for
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 the design and construction of a local correctional facility in combina-
 tion with a municipal building.
   § 6. This act shall take effect immediately.
 
                                  PART V
 
   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 DD of
 chapter 58 of the laws of 2022, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on July 1, [2024] 2027; 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 W
 
   Section  1.  Paragraph  (f)  of subdivision 1 of section 1977-a of the
 public authorities law, as amended by section 1 of part EE of chapter 58
 of the laws of 2023, is amended to read as follows:
   (f) Additional authorizations. For the purpose  of  financing  capital
 costs  in  connection  with  a  program  of infrastructure construction,
 improvements and other capital expenditures for the  project  area,  the
 authority  may, in addition to the authorizations contained elsewhere in
 this title, borrow money by issuing bonds  and  notes  in  an  aggregate
 principal  amount  not  exceeding  [one  billion  five  hundred  million
 dollars] TWO BILLION FIVE HUNDRED  MILLION  DOLLARS,  plus  a  principal
 amount  of  bonds  or  notes issued (i) to fund any related debt service
 reserve fund, (ii) to provide capitalized interest, and (iii) to provide
 for fees and other charges  and  expenses  including  any  underwriters'
 discounts, related to the issuance of such bonds or notes, all as deter-
 mined  by  the  authority,  excluding  bonds  and notes issued to refund
 outstanding bonds and notes issued pursuant to this section.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section 1. Subdivision 6 of section 211 of  the  economic  development
 law,  as  amended by chapter 294 of the laws of 2019, is amended to read
 as follows:
   6. Grants made pursuant to  this  section  shall  be  subject  to  the
 following limitations:
   (a)  no  grant  shall  be  made to any one or any consortium of career
 education agencies and not-for-profit corporations  in  excess  of  [one
 hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
   (b)  each grant shall be disbursed for payment of the cost of services
 and expenses of the program director, the instructors of the participat-
 ing career education agency or not-for-profit corporation,  the  faculty
 and  support  personnel  thereof  and any other person in the service of
 providing instruction and counseling in furtherance of the program.
   § 2. This act shall take effect immediately.
 S. 8308--A                         100                        A. 8808--A
 
                                  PART Y
 
   Section  1. The opening paragraph of subdivision (h) of section 121 of
 chapter 261 of the laws of 1988, amending  the  state  finance  law  and
 other  laws relating to the New York state infrastructure trust fund, as
 amended by chapter 96 of the  laws  of  2019,  is  amended  to  read  as
 follows:
   The  provisions  of  sections  sixty-two through sixty-six of this act
 shall expire and be deemed repealed on December thirty-first, two  thou-
 sand [twenty-four] TWENTY-NINE, except that:
   § 2. This act shall take effect immediately.
 
                                  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 JJ of chapter 58 of the
 laws of 2023, 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, [2024] 2027.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   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 GG of chapter 58 of the laws  of  2023,  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, [2024]  2027,  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.
 
                                  PART BB
 
   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 U of chapter 58 of the laws of 2023, 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, [2024] 2025 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 CC
 S. 8308--A                         101                        A. 8808--A
 
   Section  1. The banking law is amended by adding a new article 14-B to
 read as follows:
 
                               ARTICLE XIV-B
                         BUY-NOW-PAY-LATER LENDERS
 
 SECTION 735. SHORT TITLE.
         736. DEFINITIONS.
         737. LICENSE.
         738. CONDITIONS  PRECEDENT TO ISSUING A LICENSE; PROCEDURE WHERE
                    APPLICATION IS DENIED.
         739. LICENSE PROVISIONS AND POSTING.
         740. APPLICATION FOR ACQUISITION OF CONTROL OF BUY-NOW-PAY-LATER
                    LENDER BY PURCHASE OF STOCK.
         741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE.
         742. SUPERINTENDENT AUTHORIZED TO EXAMINE.
         743. LICENSEE'S BOOKS AND RECORDS; REPORTS.
         744. ACTS PROHIBITED.
         745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS.
         746. CONSUMER PROTECTIONS.
         747. AUTHORITY OF SUPERINTENDENT.
         748. PENALTIES.
         749. SEVERABILITY.
   § 735. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "BUY NOW PAY LATER ACT".
   § 736. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "CONSUMER"  MEANS  AN INDIVIDUAL WHO IS A RESIDENT OF THE STATE OF
 NEW YORK.
   2. "BUY-NOW-PAY-LATER LOAN" MEANS CREDIT PROVIDED  TO  A  CONSUMER  IN
 CONNECTION  WITH  SUCH  CONSUMER'S  PARTICULAR  PURCHASE OF GOODS AND/OR
 SERVICES, OTHER THAN A  MOTOR  VEHICLE  AS  DEFINED  UNDER  SECTION  ONE
 HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
   3.  "BUY-NOW-PAY-LATER  LENDER" MEANS A PERSON WHO OFFERS BUY-NOW-PAY-
 LATER LOANS IN THIS STATE.  FOR  PURPOSES  OF  THE  PRECEDING  SENTENCE,
 "OFFER"  MEANS  OFFERING  TO  MAKE A BUY-NOW-PAY-LATER LOAN BY EXTENDING
 CREDIT DIRECTLY TO A CONSUMER  OR  OPERATING  A  PLATFORM,  SOFTWARE  OR
 SYSTEM  WITH WHICH A CONSUMER INTERACTS AND THE PRIMARY PURPOSE OF WHICH
 IS TO ALLOW THIRD PARTIES TO OFFER BUY-NOW-PAY-LATER LOANS, OR  BOTH.  A
 PERSON  WHO  SELLS GOODS OR SERVICES TO A CONSUMER AND EXTENDS CREDIT TO
 SUCH CONSUMER IN CONNECTION WITH SUCH CONSUMER'S PARTICULAR PURCHASE  OF
 SUCH  GOODS  AND/OR SERVICES SHALL NOT BE CONSIDERED A BUY-NOW-PAY-LATER
 LENDER WITH RESPECT TO SUCH TRANSACTIONS. A PERSON SHALL NOT BE  CONSID-
 ERED  A BUY-NOW-PAY-LATER LENDER ON THE BASIS OF ISOLATED, INCIDENTAL OR
 OCCASIONAL TRANSACTIONS WHICH OTHERWISE MEET  THE  DEFINITIONS  OF  THIS
 SECTION.
   4.  "EXEMPT  ORGANIZATION"  MEANS  ANY BANKING ORGANIZATION OR FOREIGN
 BANKING CORPORATION LICENSED BY THE SUPERINTENDENT OR THE COMPTROLLER OF
 THE CURRENCY TO TRANSACT BUSINESS IN THIS STATE, NATIONAL BANK,  FEDERAL
 SAVINGS  BANK,  FEDERAL  SAVINGS AND LOAN ASSOCIATION, OR FEDERAL CREDIT
 UNION. SUBJECT TO SUCH REGULATIONS AS MAY BE PROMULGATED BY  THE  SUPER-
 INTENDENT, "EXEMPT ORGANIZATION" MAY ALSO INCLUDE ANY SUBSIDIARY OF SUCH
 ENTITIES.
   5. "LICENSEE" MEANS A PERSON WHO HAS BEEN ISSUED A LICENSE PURSUANT TO
 THIS ARTICLE.
 S. 8308--A                         102                        A. 8808--A
 
   6. "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, CORPORATION, ASSOCIATION
 OR ANY OTHER BUSINESS ORGANIZATION.
   § 737. LICENSE.  1. NO PERSON OR OTHER ENTITY, EXCEPT AN EXEMPT ORGAN-
 IZATION AS DEFINED IN THIS ARTICLE, SHALL  ACT  AS  A  BUY-NOW-PAY-LATER
 LENDER WITHOUT FIRST OBTAINING A LICENSE FROM THE SUPERINTENDENT.
   2.  AN  APPLICATION FOR A LICENSE SHALL BE IN WRITING, UNDER OATH, AND
 IN THE FORM AND CONTAINING SUCH INFORMATION AS  THE  SUPERINTENDENT  MAY
 REQUIRE.
   3.  AT  THE TIME OF FILING AN APPLICATION FOR A LICENSE, THE APPLICANT
 SHALL PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO  SECTION
 EIGHTEEN-A OF THIS CHAPTER.
   4.  A  LICENSE  GRANTED PURSUANT TO THIS ARTICLE SHALL BE VALID UNLESS
 REVOKED OR SUSPENDED BY THE SUPERINTENDENT OR UNLESS SURRENDERED BY  THE
 LICENSEE AND ACCEPTED BY THE SUPERINTENDENT.
   5.  IN  CONNECTION  WITH  AN  APPLICATION FOR A LICENSE, THE APPLICANT
 SHALL SUBMIT AN AFFIDAVIT OF FINANCIAL SOLVENCY NOTING SUCH  CAPITALIZA-
 TION  REQUIREMENTS AND ACCESS TO SUCH CREDIT AS MAY BE PRESCRIBED BY THE
 REGULATIONS OF THE SUPERINTENDENT.
   § 738. CONDITIONS PRECEDENT TO  ISSUING  A  LICENSE;  PROCEDURE  WHERE
 APPLICATION  IS  DENIED.  1.  AFTER  THE  FILING OF AN APPLICATION FOR A
 LICENSE ACCOMPANIED BY PAYMENT OF THE FEE PURSUANT TO SUBDIVISION  THREE
 OF  SECTION  SEVEN  HUNDRED  THIRTY-SEVEN  OF  THIS ARTICLE, IT SHALL BE
 SUBSTANTIVELY REVIEWED. AFTER THE APPLICATION IS DEEMED  SUFFICIENT  AND
 COMPLETE, IF THE SUPERINTENDENT FINDS THAT THE FINANCIAL RESPONSIBILITY,
 INCLUDING  MEETING  ANY  CAPITAL REQUIREMENTS AS ESTABLISHED PURSUANT TO
 SUBDIVISION THREE OF THIS SECTION,  EXPERIENCE,  CHARACTER  AND  GENERAL
 FITNESS OF THE APPLICANT OR ANY PERSON ASSOCIATED WITH THE APPLICANT ARE
 SUCH  AS  TO  COMMAND THE CONFIDENCE OF THE COMMUNITY AND TO WARRANT THE
 BELIEF THAT THE BUSINESS WILL BE CONDUCTED HONESTLY,  FAIRLY  AND  EFFI-
 CIENTLY  WITHIN THE PURPOSES AND INTENT OF THIS ARTICLE, THE SUPERINTEN-
 DENT SHALL ISSUE THE LICENSE. FOR THE PURPOSE OF THIS  SUBDIVISION,  THE
 APPLICANT SHALL BE DEEMED TO INCLUDE ALL THE MEMBERS OF THE APPLICANT IF
 IT  IS  A PARTNERSHIP OR UNINCORPORATED ASSOCIATION OR ORGANIZATION, AND
 ALL THE STOCKHOLDERS, OFFICERS AND DIRECTORS OF THE APPLICANT IF IT IS A
 CORPORATION.
   2. IF THE SUPERINTENDENT REFUSES TO ISSUE A LICENSE,  THE  SUPERINTEN-
 DENT  SHALL  NOTIFY  THE APPLICANT OF THE DENIAL AND RETAIN THE FEE PAID
 PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED  THIRTY-SEVEN  OF
 THIS ARTICLE.
   3.  THE  SUPERINTENDENT MAY ISSUE REGULATIONS SETTING CAPITAL REQUIRE-
 MENTS TO ENSURE THE SOLVENCY AND FINANCIAL INTEGRITY  OF  LICENSEES  AND
 THEIR ONGOING OPERATIONS, TAKING INTO ACCOUNT THE RISKS, VOLUME OF BUSI-
 NESS,  COMPLEXITY,  AND OTHER RELEVANT FACTORS REGARDING SUCH LICENSEES.
 FURTHER, THE SUPERINTENDENT MAY ISSUE RULES AND REGULATIONS  PRESCRIBING
 A  METHODOLOGY  TO CALCULATE CAPITAL REQUIREMENTS WITH RESPECT TO LICEN-
 SEES OR CATEGORIES THEREOF.
   § 739. LICENSE PROVISIONS AND POSTING. 1. A LICENSE ISSUED UNDER  THIS
 ARTICLE  SHALL  STATE  THE  NAME AND ADDRESS OF THE LICENSEE, AND IF THE
 LICENSEE BE A CO-PARTNERSHIP OR ASSOCIATION, THE NAMES  OF  THE  MEMBERS
 THEREOF, AND IF A CORPORATION THE DATE AND PLACE OF ITS INCORPORATION.
   2.  SUCH  LICENSE  SHALL  BE  KEPT  CONSPICUOUSLY POSTED ON THE MOBILE
 APPLICATION, WEBSITE, OR OTHER CONSUMER INTERFACE OF  THE  LICENSEE,  AS
 WELL AS LISTED IN THE TERMS AND CONDITIONS OF ANY BUY-NOW-PAY-LATER LOAN
 OFFERED  OR ENTERED INTO BY THE LICENSEE. THE SUPERINTENDENT MAY PROVIDE
 BY REGULATION AN ALTERNATIVE FORM OF NOTICE OF LICENSURE.
 S. 8308--A                         103                        A. 8808--A

   3. A LICENSE ISSUED UNDER THIS ARTICLE SHALL NOT  BE  TRANSFERABLE  OR
 ASSIGNABLE.
   § 740. APPLICATION  FOR  ACQUISITION  OF  CONTROL OF BUY-NOW-PAY-LATER
 LENDER BY PURCHASE OF STOCK. 1. IT SHALL BE  UNLAWFUL  EXCEPT  WITH  THE
 PRIOR  APPROVAL  OF  THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
 RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A LICENSEE.  PRIOR  TO
 ANY  CHANGE  OF CONTROL, THE PERSON DESIROUS OF ACQUIRING CONTROL OF THE
 BUSINESS OF A LICENSEE SHALL MAKE WRITTEN APPLICATION TO THE SUPERINTEN-
 DENT AND PAY AN INVESTIGATION FEE  AS  PRESCRIBED  PURSUANT  TO  SECTION
 EIGHTEEN-A  OF THIS CHAPTER TO THE SUPERINTENDENT. THE APPLICATION SHALL
 CONTAIN SUCH INFORMATION  AS  THE  SUPERINTENDENT,  BY  REGULATION,  MAY
 PRESCRIBE  AS  NECESSARY  OR  APPROPRIATE  FOR THE PURPOSE OF MAKING THE
 DETERMINATION REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
   2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED  CHANGE
 OF  CONTROL  OF  A LICENSEE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
 SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
   3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF  QUALIFICATION  THEREOF
 AND  FOR  SUCH  ADDITIONAL  PERIOD  OF  TIME  AS  THE SUPERINTENDENT MAY
 PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS  ONE  AND  TWO  OF
 THIS  SECTION  SHALL  NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
 LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO  HAS
 CONTROL  OF  A  LICENSEE.  THEREAFTER,  SUCH  LEGAL REPRESENTATIVE SHALL
 COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS  SECTION.
 THE  PROVISIONS  OF  SUBDIVISIONS  ONE  AND TWO OF THIS SECTION SHALL BE
 APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A  LEGAL  REPRE-
 SENTATIVE.
   4.  THE TERM "LEGAL REPRESENTATIVE," FOR THE PURPOSES OF THIS SECTION,
 SHALL MEAN ONE DULY APPOINTED BY A COURT OF  COMPETENT  JURISDICTION  TO
 ACT  AS  EXECUTOR,  ADMINISTRATOR,  TRUSTEE,  COMMITTEE,  CONSERVATOR OR
 RECEIVER, INCLUDING ONE WHO SUCCEEDS  A  LEGAL  REPRESENTATIVE  AND  ONE
 ACTING   IN  AN  ANCILLARY  CAPACITY  THERETO  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SUCH COURT APPOINTMENT.
   5. AS USED IN THIS SECTION, THE TERM "CONTROL" MEANS  THE  POSSESSION,
 DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
 THE MANAGEMENT AND POLICIES OF A LICENSEE, WHETHER THROUGH THE OWNERSHIP
 OF  VOTING  STOCK OF SUCH LICENSEE, THE OWNERSHIP OF VOTING STOCK OF ANY
 PERSON WHICH  POSSESSES  SUCH  POWER  OR  OTHERWISE.  CONTROL  SHALL  BE
 PRESUMED  TO EXIST IF ANY PERSON, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS
 OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE OF THE  VOTING  STOCK
 OF  ANY  LICENSEE  OR  OF  ANY PERSON WHICH OWNS, CONTROLS OR HOLDS WITH
 POWER TO VOTE TEN PER CENTUM OR MORE OF THE VOTING STOCK OF  ANY  LICEN-
 SEE,  BUT  NO  PERSON  SHALL  BE  DEEMED TO CONTROL A LICENSEE SOLELY BY
 REASON OF BEING AN OFFICER OR DIRECTOR OF SUCH LICENSEE OR  PERSON.  THE
 SUPERINTENDENT MAY IN THE SUPERINTENDENT'S DISCRETION, UPON THE APPLICA-
 TION  OF  A  LICENSEE  OR  ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS,
 CONTROLS OR HOLDS WITH POWER TO VOTE OR SEEKS TO OWN,  CONTROL  OR  HOLD
 WITH  POWER TO VOTE ANY VOTING STOCK OF SUCH LICENSEE, DETERMINE WHETHER
 OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH  VOTING  STOCK  CONSTI-
 TUTES  OR WOULD CONSTITUTE CONTROL OF SUCH LICENSEE FOR PURPOSES OF THIS
 SECTION.
   § 741. GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE. 1. A
 LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE REVOKED  OR  SUSPENDED
 BY THE SUPERINTENDENT UPON A FINDING THAT:
   (A) THE LICENSEE HAS VIOLATED ANY APPLICABLE LAW OR REGULATION;
 S. 8308--A                         104                        A. 8808--A
 
   (B)  ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
 OF THE  ORIGINAL  APPLICATION  FOR  SUCH  LICENSE,  CLEARLY  WOULD  HAVE
 WARRANTED THE SUPERINTENDENT'S REFUSAL TO ISSUE SUCH LICENSE; OR
   (C)  THE LICENSEE HAS FAILED TO PAY ANY SUM OF MONEY LAWFULLY DEMANDED
 BY THE SUPERINTENDENT OR TO COMPLY WITH ANY DEMAND, RULING  OR  REQUIRE-
 MENT OF THE SUPERINTENDENT.
   2.  ANY LICENSEE MAY SURRENDER ANY LICENSE BY DELIVERING TO THE SUPER-
 INTENDENT WRITTEN NOTICE  THAT  THE  LICENSEE  THEREBY  SURRENDERS  SUCH
 LICENSE.  SUCH  SURRENDER  SHALL BE EFFECTIVE UPON ITS ACCEPTANCE BY THE
 SUPERINTENDENT, AND SHALL NOT AFFECT SUCH LICENSEE'S CIVIL  OR  CRIMINAL
 LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER.
   3.  EVERY  LICENSE  ISSUED  HEREUNDER SHALL REMAIN IN FORCE AND EFFECT
 UNTIL THE SAME SHALL HAVE BEEN SURRENDERED,  REVOKED  OR  SUSPENDED,  IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS ARTICLE, BUT THE SUPERINTENDENT
 SHALL HAVE AUTHORITY TO REINSTATE SUSPENDED LICENSES OR TO ISSUE  A  NEW
 LICENSE  TO  A  LICENSEE  WHOSE  LICENSE  HAS BEEN REVOKED IF NO FACT OR
 CONDITION THEN EXISTS WHICH CLEARLY WOULD HAVE WARRANTED THE SUPERINTEN-
 DENT'S REFUSAL TO ISSUE SUCH LICENSE.
   4. WHENEVER THE SUPERINTENDENT  SHALL  REVOKE  OR  SUSPEND  A  LICENSE
 ISSUED  PURSUANT  TO  THIS  ARTICLE,  THE SUPERINTENDENT SHALL FORTHWITH
 EXECUTE A WRITTEN ORDER TO THAT EFFECT, WHICH ORDER MAY BE  REVIEWED  IN
 THE  MANNER  PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
 AND RULES.  SUCH SPECIAL PROCEEDING FOR REVIEW  AS  AUTHORIZED  BY  THIS
 SECTION MUST BE COMMENCED WITHIN THIRTY DAYS FROM THE DATE OF SUCH ORDER
 OF SUSPENSION OR REVOCATION.
   5.  THE SUPERINTENDENT MAY, FOR GOOD CAUSE, WITHOUT NOTICE AND A HEAR-
 ING, SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE  FOR  A  PERIOD
 NOT  EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE," AS USED
 IN THIS SUBDIVISION, SHALL EXIST ONLY WHEN THE LICENSEE HAS  ENGAGED  IN
 OR  IS  LIKELY TO ENGAGE IN A PRACTICE PROHIBITED BY THIS ARTICLE OR THE
 REGULATIONS PROMULGATED THEREUNDER OR ENGAGES IN DISHONEST OR  INEQUITA-
 BLE PRACTICES WHICH MAY CAUSE SUBSTANTIAL HARM TO THE PUBLIC.
   § 742. SUPERINTENDENT  AUTHORIZED  TO  EXAMINE.  1. THE SUPERINTENDENT
 SHALL HAVE THE POWER TO MAKE SUCH INVESTIGATIONS AS  THE  SUPERINTENDENT
 SHALL  DEEM  NECESSARY TO DETERMINE WHETHER ANY BUY-NOW-PAY-LATER LENDER
 OR ANY OTHER PERSON HAS VIOLATED ANY OF THE PROVISIONS OF  THIS  ARTICLE
 OR  ANY  OTHER  APPLICABLE  LAW,  OR  WHETHER ANY LICENSEE HAS CONDUCTED
 ITSELF IN SUCH MANNER AS WOULD JUSTIFY THE REVOCATION  OF  ITS  LICENSE,
 AND TO THE EXTENT NECESSARY THEREFOR, THE SUPERINTENDENT MAY REQUIRE THE
 ATTENDANCE  OF  AND  EXAMINE  ANY  PERSON UNDER OATH, AND SHALL HAVE THE
 POWER TO COMPEL THE PRODUCTION OF ALL RELEVANT BOOKS, RECORDS, ACCOUNTS,
 AND DOCUMENTS.
   2. THE SUPERINTENDENT SHALL HAVE THE POWER TO MAKE  SUCH  EXAMINATIONS
 OF  THE  BOOKS,  RECORDS, ACCOUNTS AND DOCUMENTS USED IN THE BUSINESS OF
 ANY LICENSEE AS THE SUPERINTENDENT SHALL  DEEM  NECESSARY  TO  DETERMINE
 WHETHER  ANY  SUCH  LICENSEE  HAS VIOLATED ANY OF THE PROVISIONS OF THIS
 CHAPTER OR ANY OTHER APPLICABLE LAW OR TO  SECURE  INFORMATION  LAWFULLY
 REQUIRED BY THE SUPERINTENDENT.
   § 743. LICENSEE'S  BOOKS  AND RECORDS; REPORTS. 1. A BUY-NOW-PAY-LATER
 LENDER SHALL KEEP AND USE IN  ITS  BUSINESS  SUCH  BOOKS,  ACCOUNTS  AND
 RECORDS  AS  WILL  ENABLE  THE  SUPERINTENDENT TO DETERMINE WHETHER SUCH
 BUY-NOW-PAY-LATER LENDER IS COMPLYING WITH THE PROVISIONS OF THIS  ARTI-
 CLE  AND WITH THE RULES AND REGULATIONS LAWFULLY MADE BY THE SUPERINTEN-
 DENT HEREUNDER.  EVERY  BUY-NOW-PAY-LATER  LENDER  SHALL  PRESERVE  SUCH
 BOOKS,  ACCOUNTS  AND  RECORDS  FOR  AT LEAST SIX YEARS AFTER MAKING THE
 FINAL ENTRY IN RESPECT TO ANY BUY-NOW-PAY-LATER LOAN  RECORDED  THEREIN;
 S. 8308--A                         105                        A. 8808--A
 
 PROVIDED,  HOWEVER,  THE PRESERVATION OF PHOTOGRAPHIC OR DIGITAL REPROD-
 UCTIONS THEREOF OR RECORDS IN PHOTOGRAPHIC OR DIGITAL FORM SHALL CONSTI-
 TUTE COMPLIANCE WITH THIS REQUIREMENT.
   2.  BY  A  DATE  TO  BE SET BY THE SUPERINTENDENT, EACH LICENSEE SHALL
 ANNUALLY FILE A REPORT WITH THE SUPERINTENDENT GIVING  SUCH  INFORMATION
 AS THE SUPERINTENDENT MAY REQUIRE CONCERNING THE LICENSEE'S BUSINESS AND
 OPERATIONS DURING THE PRECEDING CALENDAR YEAR WITHIN THE STATE UNDER THE
 AUTHORITY  OF THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED
 AS TRUE BY THE LICENSEE UNDER THE PENALTIES OF PERJURY  AND  BE  IN  THE
 FORM  PRESCRIBED  BY  THE  SUPERINTENDENT.  IN  ADDITION  TO SUCH ANNUAL
 REPORTS, THE SUPERINTENDENT MAY REQUIRE  OF  LICENSEES  SUCH  ADDITIONAL
 REGULAR  OR  SPECIAL REPORTS AS THE SUPERINTENDENT MAY DEEM NECESSARY TO
 THE PROPER SUPERVISION OF LICENSEES UNDER THIS ARTICLE. SUCH  ADDITIONAL
 REPORTS  SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL
 BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
   § 744. ACTS PROHIBITED. 1. NO BUY-NOW-PAY-LATER LENDER SHALL  TAKE  OR
 CAUSE TO BE TAKEN ANY CONFESSION OF JUDGMENT OR ANY POWER OF ATTORNEY TO
 CONFESS JUDGMENT OR TO APPEAR FOR THE CONSUMER IN A JUDICIAL PROCEEDING.
   2.  NO  BUY-NOW-PAY-LATER  LENDER  SHALL  MAKE  OR CAUSE TO BE MADE AN
 ADVERTISEMENT FOR A BUY-NOW-PAY-LATER LOAN THAT IS FALSE, MISLEADING, OR
 DECEPTIVE.
   § 745. LIMITATION ON CHARGES ON BUY-NOW-PAY-LATER LOANS.  NO  BUY-NOW-
 PAY-LATER  LENDER  SHALL DIRECTLY OR INDIRECTLY CHARGE, CONTRACT FOR, OR
 RECEIVE ANY INTEREST, DISCOUNT, OR CONSIDERATION UPON A  BUY-NOW-PAY-LA-
 TER LOAN GREATER THAN THE RATE PERMITTED BY SECTION 5-501 OF THE GENERAL
 OBLIGATIONS LAW.
   § 746. CONSUMER PROTECTIONS. 1. DISCLOSURES. A BUY-NOW-PAY-LATER LEND-
 ER  SHALL  DISCLOSE  OR  CAUSE TO BE DISCLOSED TO CONSUMERS THE TERMS OF
 BUY-NOW-PAY-LATER LOANS, INCLUDING THE COST, SUCH AS INTEREST AND  FEES,
 REPAYMENT  SCHEDULE,  AND  OTHER  MATERIAL  CONDITIONS,  IN  A CLEAR AND
 CONSPICUOUS MANNER.
   2. ABILITY TO REPAY. SUBJECT TO REGULATIONS TO BE PROMULGATED  BY  THE
 SUPERINTENDENT,  A  BUY-NOW-PAY-LATER  LENDER SHALL, BEFORE PROVIDING OR
 CAUSING TO BE PROVIDED A BUY-NOW-PAY-LATER LOAN TO A CONSUMER, MAKE,  OR
 CAUSE  TO BE MADE, A REASONABLE DETERMINATION THAT SUCH CONSUMER HAS THE
 ABILITY TO REPAY THE BUY-NOW-PAY-LATER LOAN.
   3. CREDIT REPORTING. A  BUY-NOW-PAY-LATER  LENDER  SHALL  MAINTAIN  OR
 CAUSE  TO BE MAINTAINED POLICIES AND PROCEDURES FOR MAINTAINING ACCURATE
 DATA THAT MAY BE REPORTED TO CREDIT REPORTING AGENCIES. THE  SUPERINTEN-
 DENT  MAY  ISSUE  REGULATIONS  REQUIRING  THAT BUY-NOW-PAY-LATER LENDERS
 REPORT OR CAUSE TO  BE  REPORTED  DATA  ON  BUY-NOW-PAY-LATER  LOANS  TO
 CONSUMER  REPORTING  AGENCIES,  REQUIRING THAT SUCH REPORTING OCCUR IN A
 PARTICULAR MANNER, OR PROHIBITING SUCH REPORTING.
   4. RETURNS, REFUNDS AND  CREDITS.  A  BUY-NOW-PAY-LATER  LENDER  SHALL
 HANDLE  OR  CAUSE  TO  BE HANDLED RETURNS OF AND REFUNDS AND CREDITS FOR
 GOODS OR SERVICES PURCHASED IN CONNECTION WITH A BUY-NOW-PAY-LATER  LOAN
 IN  A  MANNER  THAT  IS  FAIR, TRANSPARENT, AND NOT UNDULY BURDENSOME TO
 CONSUMERS. A BUY-NOW-PAY-LATER LENDER SHALL  MAINTAIN  OR  CAUSE  TO  BE
 MAINTAINED  POLICIES  AND PROCEDURES REGARDING SUCH HANDLING OF RETURNS,
 REFUNDS, AND CREDITS. A BUY-NOW-PAY-LATER LENDER SHALL DISCLOSE OR CAUSE
 TO BE DISCLOSED TO CONSUMERS IN A CLEAR AND CONSPICUOUS MANNER THE PROC-
 ESS BY WHICH THEY CAN RETURN AND OBTAIN REFUNDS OR CREDITS FOR GOODS  OR
 SERVICES THEY HAVE PURCHASED WITH A BUY-NOW-PAY-LATER LOAN.
   5.  CONSUMER  DISPUTES.  A  BUY-NOW-PAY-LATER  LENDER SHALL RESOLVE OR
 CAUSE TO BE RESOLVED DISPUTES IN A MANNER THAT IS FAIR  AND  TRANSPARENT
 TO  CONSUMERS.  A  BUY-NOW-PAY-LATER  LENDER SHALL CREATE OR CAUSE TO BE
 S. 8308--A                         106                        A. 8808--A
 
 CREATED A READILY AVAILABLE AND PROMINENTLY DISCLOSED METHOD FOR CONSUM-
 ERS TO BRING A DISPUTE TO THE BUY-NOW-PAY-LATER LENDER.  A  BUY-NOW-PAY-
 LATER LENDER SHALL MAINTAIN POLICIES AND PROCEDURES FOR HANDLING CONSUM-
 ER DISPUTES.
   6.  PENALTIES  AND  FEES.  NO BUY-NOW-PAY-LATER LENDER SHALL CHARGE OR
 CAUSE TO BE CHARGED TO A  CONSUMER  AN  UNFAIR,  ABUSIVE,  OR  EXCESSIVE
 PENALTY OR FEE IN CONNECTION WITH A BUY-NOW-PAY-LATER LOAN. FOR PURPOSES
 OF  THIS SUBSECTION: (A) UNFAIR SHALL MEAN CAUSING SUBSTANTIAL INJURY TO
 CONSUMERS THAT IS NOT REASONABLY  AVOIDABLE  BY  CONSUMERS,  WHERE  SUCH
 SUBSTANTIAL  INJURY  IS  NOT  OUTWEIGHED  BY  COUNTERVAILING BENEFITS TO
 CONSUMERS OR TO COMPETITION; (B) ABUSIVE SHALL MEAN MATERIALLY INTERFER-
 ING WITH THE ABILITY OF A CONSUMER TO UNDERSTAND A TERM OR CONDITION  OF
 A  CONSUMER  FINANCIAL PRODUCT OR SERVICE; OR TAKING UNREASONABLE ADVAN-
 TAGE OF (I) A LACK OF UNDERSTANDING ON THE PART OF THE CONSUMER  OF  THE
 MATERIAL RISKS, COSTS, OR CONDITIONS OF THE PRODUCT OR SERVICE; (II) THE
 INABILITY  OF  THE  CONSUMER TO PROTECT THE INTERESTS OF THE CONSUMER IN
 SELECTING OR USING A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR (III) THE
 REASONABLE RELIANCE BY THE CONSUMER ON A BUY-NOW-PAY-LATER LENDER TO ACT
 IN THE INTERESTS OF THE CONSUMER; AND (C) EXCESSIVE SHALL  MEAN  GREATER
 THAN  IS REASONABLY NECESSARY, CONSIDERING THE COST INCURRED BY THE BUY-
 NOW-PAY-LATER LENDER IN PROVIDING  ANY  SERVICES  ASSOCIATED  WITH  SUCH
 PENALTY  OR FEE, THE COMPETITIVE POSITION OF THE BUY-NOW-PAY-LATER LEND-
 ER, AND THE MAINTENANCE OF A SAFE  AND  SOUND  BUY-NOW-PAY-LATER  LENDER
 THAT PROTECTS THE PUBLIC INTEREST.
   7.  USE OF CONSUMER DATA. A BUY-NOW-PAY-LATER LENDER SHALL CLEARLY AND
 CONSPICUOUSLY DISCLOSE OR CAUSE TO BE DISCLOSED TO A CONSUMER  TO  WHICH
 IT  PROVIDES A LOAN HOW SUCH CONSUMER'S DATA MAY BE USED BY THE BUY-NOW-
 PAY-LATER LENDER AND PROVIDE THE CONSUMER THE OPPORTUNITY TO PROVIDE  OR
 WITHDRAW  CONSENT  TO SUCH USE. THE SUPERINTENDENT, IN THEIR DISCRETION,
 MAY BY REGULATION PROHIBIT CERTAIN USES OF CONSUMER  DATA  IF  SUCH  USE
 POSES AN UNDUE RISK TO CONSUMERS.
   8.  UNAUTHORIZED  USE.  THE  SUPERINTENDENT  MAY ISSUE RULES AND REGU-
 LATIONS REGARDING TREATMENT OF UNAUTHORIZED USE, SO THAT  CONSUMERS  ARE
 LIABLE  FOR  USE  OF  BUY-NOW-PAY-LATER  LOANS  IN THEIR NAME ONLY UNDER
 CIRCUMSTANCES WHERE SUCH LIABILITY WOULD BE FAIR AND REASONABLE.
   9. VOID BUY-NOW-PAY-LATER LOANS. ANY BUY-NOW-PAY-LATER LOAN MADE BY  A
 PERSON  NOT  LICENSED UNDER THIS ARTICLE, OTHER THAN AN EXEMPT ORGANIZA-
 TION, SHALL BE VOID, AND SUCH PERSON SHALL HAVE NO RIGHT TO  COLLECT  OR
 RECEIVE ANY PRINCIPAL, INTEREST OR CHARGE WHATSOEVER.
   § 747. AUTHORITY  OF  SUPERINTENDENT. THE SUPERINTENDENT IS AUTHORIZED
 TO PROMULGATE SUCH GENERAL RULES AND REGULATIONS AS MAY BE  APPROPRIATE,
 IN  THEIR  SOLE DISCRETION, TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE,
 PROTECT CONSUMERS, AND ENSURE THE SOLVENCY AND  FINANCIAL  INTEGRITY  OF
 BUY-NOW-PAY-LATER  LENDERS.  THE SUPERINTENDENT IS FURTHER AUTHORIZED TO
 MAKE SUCH SPECIFIC RULINGS, DEMANDS, AND FINDINGS AS  MAY  BE  NECESSARY
 FOR THE PROPER CONDUCT OF THE BUSINESS AUTHORIZED AND LICENSED UNDER AND
 FOR  THE  ENFORCEMENT OF THIS ARTICLE, IN ADDITION HERETO AND NOT INCON-
 SISTENT HEREWITH.
   § 748. PENALTIES. 1. ANY PERSON, INCLUDING ANY MEMBER, OFFICER, DIREC-
 TOR OR EMPLOYEE OF A BUY-NOW-PAY-LATER LENDER, WHO VIOLATES  OR  PARTIC-
 IPATES  IN  THE  VIOLATION OF SECTION SEVEN HUNDRED THIRTY-SEVEN OF THIS
 ARTICLE, OR WHO KNOWINGLY MAKES ANY INCORRECT STATEMENT  OF  A  MATERIAL
 FACT  IN  ANY  APPLICATION,  REPORT  OR STATEMENT FILED PURSUANT TO THIS
 ARTICLE, OR WHO KNOWINGLY OMITS TO STATE ANY MATERIAL FACT NECESSARY  TO
 GIVE  THE SUPERINTENDENT ANY INFORMATION LAWFULLY REQUIRED BY THE SUPER-
 INTENDENT OR REFUSES TO PERMIT ANY LAWFUL INVESTIGATION OR  EXAMINATION,
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 SHALL  BE  GUILTY  OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE FINED
 NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONED FOR NOT MORE  THAN  SIX
 MONTHS OR BOTH, IN THE DISCRETION OF THE COURT.
   2.  WITHOUT LIMITING ANY POWER GRANTED TO THE SUPERINTENDENT UNDER ANY
 OTHER PROVISION OF THIS CHAPTER, THE SUPERINTENDENT MAY, IN A PROCEEDING
 AFTER NOTICE AND A HEARING REQUIRE A BUY-NOW-PAY-LATER  LENDER,  WHETHER
 OR  NOT A LICENSEE, TO PAY TO THE PEOPLE OF THIS STATE A PENALTY FOR ANY
 VIOLATION OF THIS CHAPTER, ANY REGULATION  PROMULGATED  THEREUNDER,  ANY
 FINAL  OR TEMPORARY ORDER ISSUED PURSUANT TO SECTION THIRTY-NINE OF THIS
 CHAPTER, ANY CONDITION IMPOSED  IN  WRITING  BY  THE  SUPERINTENDENT  IN
 CONNECTION  WITH THE GRANT OF ANY APPLICATION OR REQUEST, OR ANY WRITTEN
 AGREEMENT ENTERED INTO WITH THE SUPERINTENDENT, AND FOR KNOWINGLY MAKING
 ANY INCORRECT STATEMENT OF A MATERIAL FACT IN ANY APPLICATION, REPORT OR
 STATEMENT FILED PURSUANT TO THIS ARTICLE, OR KNOWINGLY OMITTING TO STATE
 ANY MATERIAL FACT NECESSARY TO GIVE THE SUPERINTENDENT  ANY  INFORMATION
 LAWFULLY REQUIRED BY THE SUPERINTENDENT OR REFUSING TO PERMIT ANY LAWFUL
 INVESTIGATION OR EXAMINATION. AS TO ANY BUY-NOW-PAY-LATER LENDER THAT IS
 NOT  A LICENSEE OR AN EXEMPT ORGANIZATION, THE SUPERINTENDENT IS AUTHOR-
 IZED TO IMPOSE A PENALTY  IN  THE  SAME  AMOUNT  AUTHORIZED  IN  SECTION
 FORTY-FOUR OF THIS CHAPTER FOR A VIOLATION OF THIS CHAPTER BY ANY PERSON
 LICENSED,  CERTIFIED,  REGISTERED,  AUTHORIZED,  CHARTERED,  ACCREDITED,
 INCORPORATED OR OTHERWISE APPROVED BY  THE  SUPERINTENDENT  PURSUANT  TO
 THIS CHAPTER.
   3.  NO  BUY-NOW-PAY-LATER  LENDER  SHALL MAKE, DIRECTLY OR INDIRECTLY,
 ORALLY OR IN WRITING, OR BY ANY METHOD, PRACTICE OR DEVICE, A  REPRESEN-
 TATION  THAT SUCH BUY-NOW-PAY-LATER LENDER IS LICENSED UNDER THE BANKING
 LAW EXCEPT THAT A LICENSEE UNDER THIS CHAPTER MAY MAKE A  REPRESENTATION
 THAT  THE  LICENSEE IS LICENSED AS A BUY-NOW-PAY-LATER LENDER UNDER THIS
 CHAPTER.
   § 749. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE  APPLICA-
 TION  THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD TO BE INVALID, SUCH
 INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS  OR  APPLICATIONS  OF  THIS
 ARTICLE  WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR
 APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE  SEVERA-
 BLE.
   §  2.  Subdivision  1  of section 36 of the banking law, as amended by
 chapter 146 of the laws of 1961, is amended to read as follows:
   1. The superintendent shall have the power to  examine  every  banking
 organization,  every bank holding company and any non-banking subsidiary
 thereof (as such terms "bank holding company" and  "non-banking  subsid-
 iary" are defined in article three-A of this chapter) and every licensed
 lender  AND  LICENSED  BUY-NOW-PAY-LATER LENDER at any time prior to its
 dissolution whenever in his judgment such examination  is  necessary  or
 advisable.
   §  3.  Subdivision  10 of section 36 of the banking law, as amended by
 section 2 of part L of chapter 58 of the laws of  2019,  is  amended  to
 read as follows:
   10. All reports of examinations and investigations, correspondence and
 memoranda  concerning  or  arising  out of such examination and investi-
 gations, including any duly authenticated copy or copies thereof in  the
 possession  of  any  banking  organization,  bank holding company or any
 subsidiary thereof (as such terms "bank holding  company"  and  "subsid-
 iary"  are  defined in article three-A of this chapter), any corporation
 or any other entity affiliated with a banking  organization  within  the
 meaning  of  subdivision six of this section and any non-banking subsid-
 iary of a corporation or any other entity which is  an  affiliate  of  a
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 banking  organization  within  the  meaning of subdivision six-a of this
 section, foreign banking corporation, licensed lender, LICENSED BUY-NOW-
 PAY-LATER LENDER, licensed casher of checks, licensed  mortgage  banker,
 registered  mortgage broker, licensed mortgage loan originator, licensed
 sales finance  company,  registered  mortgage  loan  servicer,  licensed
 student  loan  servicer,  licensed  insurance  premium  finance  agency,
 licensed transmitter of money, licensed budget planner, any other person
 or entity subject to supervision under this chapter, or the  department,
 shall  be  confidential communications, shall not be subject to subpoena
 and shall not be made public unless, in the judgment of the  superinten-
 dent,  the ends of justice and the public advantage will be subserved by
 the publication thereof, in which event the superintendent  may  publish
 or  authorize  the  publication of a copy of any such report or any part
 thereof in such manner as may be  deemed  proper  or  unless  such  laws
 specifically  authorize such disclosure. For the purposes of this subdi-
 vision, "reports of examinations and investigations, and any correspond-
 ence and memoranda concerning or arising out of  such  examinations  and
 investigations",  includes  any  such  materials of a bank, insurance or
 securities regulatory agency or any unit of the  federal  government  or
 that  of  this  state  any other state or that of any foreign government
 which are considered confidential by such agency or unit and  which  are
 in  the possession of the department or which are otherwise confidential
 materials that have been shared by the department with any  such  agency
 or unit and are in the possession of such agency or unit.
   § 4. Subdivisions 3 and 5 of section 37 of the banking law, as amended
 by chapter 360 of the laws of 1984, are amended to read as follows:
   3. In addition to any reports expressly required by this chapter to be
 made,  the superintendent may require any banking organization, licensed
 lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed  casher  of  checks,
 licensed  mortgage  banker,  foreign banking corporation licensed by the
 superintendent to do business in this state, bank  holding  company  and
 any  non-banking  subsidiary thereof, corporate affiliate of a corporate
 banking organization within the meaning of subdivision  six  of  section
 thirty-six  of  this  article and any non-banking subsidiary of a corpo-
 ration which is an affiliate of a corporate banking organization  within
 the  meaning  of subdivision six-a of section thirty-six of this article
 to make special reports to him at such times as he may prescribe.
   5. The superintendent may extend at his  discretion  the  time  within
 which  a  banking  organization, foreign banking corporation licensed by
 the superintendent to do business in this state, bank holding company or
 any non-banking subsidiary thereof, licensed casher of checks,  licensed
 mortgage  banker,  private  banker, LICENSED BUY-NOW-PAY-LATER LENDER or
 licensed lender is required to make and file any report  to  the  super-
 intendent.
   §  5. Section 39 of the banking law, as amended by section 3 of part L
 of chapter 58 of the laws of 2019, is amended to read as follows:
   § 39. Orders of superintendent. 1. To appear and explain  an  apparent
 violation. Whenever it shall appear to the superintendent that any bank-
 ing  organization,  bank  holding  company,  registered mortgage broker,
 licensed mortgage banker, licensed  student  loan  servicer,  registered
 mortgage  loan  servicer,  licensed  mortgage  loan originator, licensed
 lender, LICENSED BUY-NOW-PAY-LATER LENDER, licensed  casher  of  checks,
 licensed sales finance company, licensed insurance premium finance agen-
 cy, licensed transmitter of money, licensed budget planner, out-of-state
 state  bank  that  maintains  a  branch or branches or representative or
 other offices in this state, or foreign banking corporation licensed  by
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 the superintendent to do business or maintain a representative office in
 this  state has violated any law or regulation, he or she may, in his or
 her discretion, issue an order describing such  apparent  violation  and
 requiring  such  banking  organization, bank holding company, registered
 mortgage broker, licensed mortgage banker, licensed student loan  servi-
 cer,  licensed  mortgage loan originator, licensed lender, LICENSED BUY-
 NOW-PAY-LATER LENDER, licensed casher of checks, licensed sales  finance
 company, licensed insurance premium finance agency, licensed transmitter
 of  money,  licensed  budget planner, out-of-state state bank that main-
 tains a branch or branches or representative or other  offices  in  this
 state,  or foreign banking corporation to appear before him or her, at a
 time and place fixed in said order, to present an  explanation  of  such
 apparent violation.
   2.  To discontinue unauthorized or unsafe and unsound practices. When-
 ever it shall appear to the superintendent that  any  banking  organiza-
 tion,  bank  holding company, registered mortgage broker, licensed mort-
 gage banker, licensed student loan servicer,  registered  mortgage  loan
 servicer,  licensed  mortgage loan originator, licensed lender, LICENSED
 BUY-NOW-PAY-LATER LENDER, licensed  casher  of  checks,  licensed  sales
 finance  company,  licensed  insurance  premium finance agency, licensed
 transmitter of money, licensed budget planner, out-of-state  state  bank
 that  maintains  a branch or branches or representative or other offices
 in this state, or foreign banking corporation  licensed  by  the  super-
 intendent  to  do  business  in  this state is conducting business in an
 unauthorized or unsafe and unsound manner, he or she may, in his or  her
 discretion,  issue  an  order directing the discontinuance of such unau-
 thorized or unsafe and unsound practices, and fixing a time and place at
 which such banking organization, bank holding company, registered  mort-
 gage  broker,  licensed mortgage banker, licensed student loan servicer,
 registered mortgage loan servicer, licensed  mortgage  loan  originator,
 licensed lender, LICENSED BUY-NOW-PAY-LATER LICENSED, licensed casher of
 checks,  licensed  sales  finance  company,  licensed  insurance premium
 finance agency, licensed transmitter of money, licensed budget  planner,
 out-of-state state bank that maintains a branch or branches or represen-
 tative  or  other  offices in this state, or foreign banking corporation
 may voluntarily appear before him or her to present any  explanation  in
 defense of the practices directed in said order to be discontinued.
   3.  To  make  good  impairment of capital or to ensure compliance with
 financial requirements. Whenever it shall appear to  the  superintendent
 that  the  capital  or  capital  stock of any banking organization, bank
 holding company or any subsidiary thereof which is  organized,  licensed
 or  registered  pursuant  to this chapter, is impaired, or the financial
 requirements imposed by subdivision one of section two hundred two-b  of
 this  chapter  or  any regulation of the superintendent on any branch or
 agency of a foreign banking corporation or  the  financial  requirements
 imposed  by  this chapter or any regulation of the superintendent on any
 licensed lender, LICENSED BUY-NOW-PAY-LATER LENDER, registered  mortgage
 broker,  licensed  mortgage  banker,  licensed  student  loan  servicer,
 licensed casher of checks,  licensed  sales  finance  company,  licensed
 insurance   premium  finance  agency,  licensed  transmitter  of  money,
 licensed budget planner or private banker are not satisfied, the  super-
 intendent  may,  in  the  superintendent's  discretion,  issue  an order
 directing that such banking organization, bank holding  company,  branch
 or  agency of a foreign banking corporation, registered mortgage broker,
 licensed mortgage banker, licensed student loan servicer, licensed lend-
 er,  LICENSED  BUY-NOW-PAY-LATER  LENDER,  licensed  casher  of  checks,
 S. 8308--A                         110                        A. 8808--A
 
 licensed sales finance company, licensed insurance premium finance agen-
 cy,  licensed  transmitter of money, licensed budget planner, or private
 banker make good such deficiency forthwith or within a time specified in
 such order.
   4. To make good encroachments on reserves. Whenever it shall appear to
 the superintendent that either the total reserves or reserves on hand of
 any  banking  organization, branch or agency of a foreign banking corpo-
 ration are below the amount required by or pursuant to this  chapter  or
 any other applicable provision of law or regulation to be maintained, or
 that  such  banking  organization, branch or agency of a foreign banking
 corporation is not keeping its reserves on  hand  as  required  by  this
 chapter  or  any  other applicable provision of law or regulation, he or
 she may, in his or her discretion, issue an order  directing  that  such
 banking  organization, branch or agency of a foreign banking corporation
 make good such reserves forthwith or within a  time  specified  in  such
 order, or that it keep its reserves on hand as required by this chapter.
   5.  To keep books and accounts as prescribed. Whenever it shall appear
 to the superintendent that any banking organization, bank holding compa-
 ny, registered  mortgage  broker,  licensed  mortgage  banker,  licensed
 student loan servicer, registered mortgage loan servicer, licensed mort-
 gage  loan originator, licensed lender, LICENSED BUY-NOW-PAY-LATER LEND-
 ER, licensed casher of checks, licensed sales finance company,  licensed
 insurance   premium  finance  agency,  licensed  transmitter  of  money,
 licensed budget planner, agency or branch of a  foreign  banking  corpo-
 ration licensed by the superintendent to do business in this state, does
 not  keep  its books and accounts in such manner as to enable him or her
 to readily ascertain its true condition, he or she may, in  his  or  her
 discretion,  issue  an  order  requiring such banking organization, bank
 holding company, registered mortgage broker, licensed  mortgage  banker,
 licensed  student  loan  servicer,  registered  mortgage  loan servicer,
 licensed mortgage loan originator, licensed  lender,  LICENSED  BUY-NOW-
 PAY-LATER  LENDER,  licensed  casher  of  checks, licensed sales finance
 company, licensed insurance premium finance agency, licensed transmitter
 of money, licensed budget planner, or foreign  banking  corporation,  or
 the  officers  or  agents thereof, or any of them, to open and keep such
 books or accounts as he or she may, in his or her discretion,  determine
 and prescribe for the purpose of keeping accurate and convenient records
 of its transactions and accounts.
   6. As used in this section, "bank holding company" shall have the same
 meaning as that term is defined in section one hundred forty-one of this
 chapter.
   §  6.  Subdivision  1  of section 42 of the banking law, as amended by
 chapter 65 of the laws of 1948, is amended to read as follows:
   1. The name and the location of the principal office of every proposed
 corporation, private banker, licensed lender, LICENSED BUY-NOW-PAY-LATER
 LENDER and licensed casher  of  checks,  the  organization  certificate,
 private  banker's  certificate  or  application for license of which has
 been filed for examination, and the date of such filing.
   § 7. Subdivision 2 of section 42 of the banking  law,  as  amended  by
 chapter 553 of the laws of 1960, is amended to read as follows:
   2.  The  name and location of every licensed lender, LICENSED BUY-NOW-
 PAY-LATER LENDER and licensed casher of checks, and the name,  location,
 amount  of  capital  stock or permanent capital and amount of surplus of
 every corporation and private banker and the minimum assets required  of
 every  branch  of  a  foreign banking corporation authorized to commence
 business, and the date of authorization or licensing.
 S. 8308--A                         111                        A. 8808--A
 
   § 8. Subdivision 3 of section 42 of the banking  law,  as  amended  by
 chapter 553 of the laws of 1960, is amended to read as follows:
   3. The name of every proposed corporation, private banker, branch of a
 foreign banking corporation, licensed lender, LICENSED BUY-NOW-PAY-LATER
 LENDER  and licensed casher of checks to which a certificate of authori-
 zation or a license has been refused and the date of notice of refusal.
   § 9. Subdivision 4 of section 42 of the banking  law,  as  amended  by
 chapter 60 of the laws of 1957, is amended to read as follows:
   4.  The  name  and  location of every private banker, licensed lender,
 licensed casher of checks, sales finance company, LICENSED  BUY-NOW-PAY-
 LATER  LENDER  and  foreign corporation the authorization certificate or
 license of which has been revoked, and the date of such revocation.
   § 10. Subdivision 5 of section 42 of the banking law,  as  amended  by
 chapter 249 of the laws of 1968, is amended to read as follows:
   5.  The  name of every banking organization, licensed lender, licensed
 casher of checks, LICENSED BUY-NOW-PAY-LATER LENDER and  foreign  corpo-
 ration  which  has  applied  for leave to change its place or one of its
 places of business and the places  from  and  to  which  the  change  is
 proposed  to  be  made; the name of every banking organization which has
 applied to change the designation of its principal office  to  a  branch
 office and to change the designation of one of its branch offices to its
 principal  office,  and  the  location  of the principal office which is
 proposed to be redesignated as a branch office and of the branch  office
 which is proposed to be redesignated as the principal office.
   §  11.  Subdivision  6 of section 42 of the banking law, as amended by
 chapter 249 of the laws of 1968, is amended to read as follows:
   6. The name of every banking organization, licensed  lender,  licensed
 casher  of  checks, LICENSED BUY-NOW-PAY-LATER LENDER and foreign corpo-
 ration authorized to change its place or one of its places  of  business
 and the date when and the places from and to which the change is author-
 ized  to  be  made; the name of every banking organization authorized to
 change the designation of its principal office to a branch office and to
 change the designation of a branch office to its principal  office,  the
 location  of  the  redesignated principal office and of the redesignated
 branch office, and the date of such change.
   § 12. Paragraph (a) of subdivision 1 of section 44 of the banking law,
 as amended by section 4 of part L of chapter 58 of the laws of 2019,  is
 amended to read as follows:
   (a) Without limiting any power granted to the superintendent under any
 other provision of this chapter, the superintendent may, in a proceeding
 after  notice  and a hearing, require any safe deposit company, licensed
 lender, LICENSED BUY-NOW-PAY-LATER LENDER  licensed  casher  of  checks,
 licensed sales finance company, licensed insurance premium finance agen-
 cy,  licensed  transmitter  of money, licensed mortgage banker, licensed
 student loan servicer, registered  mortgage  broker,  licensed  mortgage
 loan  originator,  registered  mortgage loan servicer or licensed budget
 planner to pay to the people of this state a penalty for  any  violation
 of  this  chapter,  any  regulation promulgated thereunder, any final or
 temporary order issued pursuant to section thirty-nine of this  article,
 any  condition  imposed  in  writing by the superintendent in connection
 with the grant of any application or request, or any  written  agreement
 entered into with the superintendent.
   § 13. This act shall take effect one year after it shall have become a
 law.    Effective  immediately, the addition, amendment and/or repeal of
 any rule or regulation authorized  to  be  made  by  the  superintendent
 S. 8308--A                         112                        A. 8808--A
 
 pursuant to this act is authorized to be made and completed on or before
 such effective date.
 
                                  PART DD
 
   Section  1.  Subsection  (g)  of section 3420 of the insurance law, as
 amended by chapter 735 of the laws  of  2022,  is  amended  to  read  as
 follows:
   (g)  (1)  Except  as  otherwise  provided  in  paragraph  two  of this
 subsection, no policy or contract shall be deemed to insure against  any
 liability  of an insured because of death of or injuries to [his or her]
 THE INSURED'S spouse or because of injury to, or destruction of property
 of [his or her] THE INSURED'S spouse unless express  provision  relating
 specifically  thereto  is  included  in the policy. This exclusion shall
 apply only where the injured spouse, to be  entitled  to  recover,  must
 prove the culpable conduct of the insured spouse.
   (2)  (A)  [Every] (I) UPON PAYMENT OF A REASONABLE PREMIUM ESTABLISHED
 IN ACCORDANCE WITH ARTICLE TWENTY-THREE  OF  THIS  CHAPTER,  AN  insurer
 issuing  or  delivering  any  policy  that satisfies the requirements of
 article six of the vehicle and traffic law AND  IS  SUBJECT  TO  SECTION
 THREE  THOUSAND  FOUR  HUNDRED TWENTY-FIVE OF THIS ARTICLE shall provide
 coverage in such A policy ISSUED TO A FIRST NAMED INSURED WHO HAS  INDI-
 CATED  THAT  SUCH  INSURED  HAS  A  SPOUSE ON THE INSURANCE APPLICATION,
 against liability of an insured because of death of or injuries to  [his
 or  her]  THE  INSURED'S  spouse  up  to  the liability insurance limits
 provided under such policy even where the injured spouse, to be entitled
 to recover, must prove the  culpable  conduct  of  the  insured  spouse,
 unless  [the]  A FIRST NAMED insured elects, in writing and in such form
 as the superintendent determines, to decline and refuse such coverage in
 [his or her] THE FIRST NAMED INSURED'S policy. Such  insurance  coverage
 shall be known as "supplemental spousal liability insurance".
   (II) UPON WRITTEN REQUEST OF AN INSURED, AND UPON PAYMENT OF A REASON-
 ABLE PREMIUM ESTABLISHED IN ACCORDANCE WITH ARTICLE TWENTY-THREE OF THIS
 CHAPTER,  AN INSURER ISSUING OR DELIVERING ANY POLICY THAT SATISFIES THE
 REQUIREMENTS OF ARTICLE SIX OF THE VEHICLE AND TRAFFIC LAW,  OTHER  THAN
 AS  SPECIFIED IN CLAUSE (I) OF THIS SUBPARAGRAPH, SHALL PROVIDE COVERAGE
 IN SUCH A POLICY AGAINST LIABILITY OF AN INSURED BECAUSE OF DEATH OF  OR
 INJURIES  TO  THE  INSURED'S SPOUSE UP TO THE LIABILITY INSURANCE LIMITS
 PROVIDED UNDER SUCH POLICY EVEN WHERE THE INJURED SPOUSE, TO BE ENTITLED
 TO RECOVER, MUST PROVE THE CULPABLE CONDUCT OF THE INSURED SPOUSE.
   (B) Upon issuance[, renewal or amendment] of a motor vehicle liability
 policy that satisfies the requirements of article six of the vehicle and
 traffic law AND IS SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED  TWEN-
 TY-FIVE  OF  THIS  ARTICLE, the insurer shall notify [the] A FIRST NAMED
 insured WHO HAS INDICATED THAT SUCH INSURED HAS A SPOUSE ON  THE  INSUR-
 ANCE  APPLICATION,  in  writing,  that such policy shall include supple-
 mental spousal liability insurance unless [the] A  FIRST  NAMED  insured
 declines  and  refuses  such  insurance,  in writing and in such form as
 shall be determined by the superintendent. Such  notification  shall  be
 contained  on  the  front  of  the  premium  notice in boldface type and
 include a concise statement that  [supplementary]  SUPPLEMENTAL  spousal
 coverage  is provided unless declined by [the] A FIRST NAMED insured, an
 explanation of such coverage, and the insurer's premium for such  cover-
 age.
   (C) A NOTIFICATION OF THE AVAILABILITY OF SUPPLEMENTAL SPOUSAL LIABIL-
 ITY INSURANCE SHALL BE PROVIDED UPON POLICY ISSUANCE, OTHER THAN FOR THE
 S. 8308--A                         113                        A. 8808--A
 
 POLICIES  TO  WHICH  THE NOTIFICATION REQUIREMENT IN SUBPARAGRAPH (B) OF
 THIS PARAGRAPH APPLIES, AND AT LEAST ONCE A YEAR FOR ALL  MOTOR  VEHICLE
 LIABILITY  POLICIES  THAT SATISFY THE REQUIREMENTS OF ARTICLE SIX OF THE
 VEHICLE  AND  TRAFFIC  LAW,  WHERE  THE  POLICY DOES NOT ALREADY PROVIDE
 SUPPLEMENTAL  SPOUSAL  LIABILITY  INSURANCE.    SUCH  NOTICE  SHALL   BE
 CONTAINED  ON  THE  FRONT  OF  THE  PREMIUM  NOTICE IN BOLDFACE TYPE AND
 INCLUDE A CONCISE STATEMENT THAT SUPPLEMENTAL SPOUSAL LIABILITY COVERAGE
 IS AVAILABLE, AN EXPLANATION OF SUCH COVERAGE, AND THE INSURER'S PREMIUM
 FOR SUCH COVERAGE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however  that  the  amendments  to
 subsection  (g) of section 3420 of the insurance law made by section one
 of this act shall be subject to the expiration  and  reversion  of  such
 subsection  pursuant to section 2 of chapter 735 of the laws of 2022, as
 amended.
 
                                  PART EE
 
   Section 1.  Subparagraph (B) of paragraph 15-a of  subsection  (i)  of
 section  3216  of the insurance law, as amended by section 1 of part DDD
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 provided, however, [the total amount] that [a covered person is required
 to  pay  out of pocket for] covered prescription insulin drugs shall [be
 capped at an amount not to exceed one  hundred  dollars  per  thirty-day
 supply,  regardless of the amount or type of insulin needed to fill such
 covered person's prescription and regardless of the  insured's]  NOT  BE
 SUBJECT  TO A deductible, copayment, coinsurance or any other cost shar-
 ing requirement.
   § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
 of the insurance law, as amended by section 2 of part DDD of chapter  56
 of the laws of 2020, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with  those  established  for  other  benefits  within  a  given policy;
 provided, however, [the total amount] that [a covered person is required
 to pay out of pocket for] covered prescription insulin drugs  shall  [be
 capped  at  an  amount  not to exceed one hundred dollars per thirty-day
 supply, regardless of the amount or type of insulin needed to fill  such
 covered  person's  prescription  and regardless of the insured's] NOT BE
 SUBJECT TO A deductible, copayment, coinsurance or any other cost  shar-
 ing requirement.
   §  3.   Paragraph 2 of subsection (u) of section 4303 of the insurance
 law, as amended by section 3 of part DDD of chapter 56 of  the  laws  of
 2020, is amended to read as follows:
   (2) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with  those  established  for  other  benefits  within  a  given policy;
 provided, however, [the total amount] that [a covered person is required
 to pay out of pocket for] covered prescription insulin drugs  shall  [be
 capped  at  an  amount  not to exceed one hundred dollars per thirty-day
 supply, regardless of the amount or type of insulin needed to fill  such
 covered  person's  prescription  and regardless of the insured's] NOT BE
 S. 8308--A                         114                        A. 8808--A
 
 SUBJECT TO A deductible, copayment, coinsurance or any other cost  shar-
 ing requirement.
   §  4.    This act shall take effect January 1, 2025 and shall apply to
 any policy or contract issued, renewed, modified, altered, or amended on
 or after such date.
 
                                  PART FF
 
   Section 1. The insurance law is amended by adding a new  section  3423
 to read as follows:
   §  3423.  AFFORDABLE  HOUSING  UNDERWRITING AND RATING. (A) AN INSURER
 THAT ISSUES OR DELIVERS IN THIS STATE  INSURANCE  COVERING  LOSS  OF  OR
 DAMAGE  TO  REAL PROPERTY CONTAINING UNITS USED FOR RESIDENTIAL PURPOSES
 SHALL NOT INQUIRE ABOUT ON AN APPLICATION, NOR SHALL AN INSURER  CANCEL,
 REFUSE  TO  ISSUE,  REFUSE TO RENEW, OR INCREASE THE PREMIUM OF A POLICY
 BASED ON, THE FOLLOWING:
   (1) THE LEVEL OR SOURCE OF INCOME OF AN INDIVIDUAL OR GROUP  OF  INDI-
 VIDUALS RESIDING OR INTENDING TO RESIDE UPON THE PROPERTY TO BE INSURED,
 IF  THE  INDIVIDUAL OR GROUP OF INDIVIDUALS IS NOT THE OWNER OF THE REAL
 PROPERTY;
   (2) THE REAL PROPERTY CONTAINING ANY RESIDENTIAL DWELLING  UNITS  THAT
 MUST  BE  AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO
 STATUTE, REGULATIONS, RESTRICTIVE DECLARATION, OR PURSUANT TO A  REGULA-
 TORY AGREEMENT WITH A STATE OR LOCAL GOVERNMENT ENTITY; OR
   (3) THE REAL PROPERTY OWNER OR THE RESIDENTS THEREIN RECEIVING GOVERN-
 MENT HOUSING SUBSIDIES, INCLUDING THE RECEIPT OF FEDERAL VOUCHERS ISSUED
 UNDER  SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937 (42 U.S.C.
 § 1437F).
   (B) NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM REFUSING TO
 ACCEPT AN APPLICATION FOR, CANCELING, REFUSING  TO  ISSUE,  REFUSING  TO
 RENEW,  OR INCREASING THE PREMIUM OF, AN INSURANCE POLICY AS A RESULT OF
 UNDERWRITING OR RATING FACTORS, EXCEPT AS SPECIFIED IN SUBSECTION (A) OF
 THIS SECTION OR AS OTHERWISE PROHIBITED BY THIS  CHAPTER  OR  ANY  OTHER
 LAW.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART GG

   Section 1. The general business law is amended by adding a new article
 28-G to read as follows:
                               ARTICLE 28-G
                    BATTERIES FOR MICROMOBILITY DEVICES
 SECTION 495. DEFINITIONS.
         496. SALE OF LITHIUM-ION BATTERIES  AND  SECOND-USE  LITHIUM-ION
                    BATTERIES.
   § 495. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "LITHIUM-ION  BATTERY"  MEANS  A STORAGE BATTERY IN WHICH AN ELEC-
 TRICAL CURRENT IS  GENERATED  BY  LITHIUM  IONS  EMBEDDED  IN  A  CARBON
 GRAPHITE  OR  NICKEL  METAL-OXIDE  SUBSTRATE  PLACED IN A HIGH-VISCOSITY
 CARBONATE MIXTURE OR GELLED POLYMER ELECTROLYTE.
   2. "SECOND-USE LITHIUM-ION BATTERY" MEANS A LITHIUM-ION  BATTERY  THAT
 HAS  BEEN  ASSEMBLED, REFURBISHED, REPAIRED, REPURPOSED OR RECONDITIONED
 USING CELLS REMOVED FROM USED BATTERIES.
 S. 8308--A                         115                        A. 8808--A
 
   3. "MICROMOBILITY DEVICE" MEANS AN  ELECTRIC  SCOOTER  AS  DEFINED  IN
 SECTION  ONE  HUNDRED FOURTEEN-E OF THE VEHICLE AND TRAFFIC LAW OR OTHER
 PERSONAL MOBILITY DEVICE POWERED  BY  A  LITHIUM-ION  OR  OTHER  STORAGE
 BATTERY.  THE TERM "MICROMOBILITY DEVICE" DOES NOT INCLUDE BICYCLES WITH
 ELECTRIC  ASSIST  AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THE VEHICLE
 AND TRAFFIC LAW, WHEELCHAIRS OR OTHER MOBILITY DEVICES DESIGNED FOR  USE
 BY  PERSONS  WITH  DISABILITIES, OR ANY VEHICLE THAT IS CAPABLE OF BEING
 REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES.
   4. "ACCREDITED TESTING LABORATORY" MEANS A NATIONALLY RECOGNIZED TEST-
 ING LABORATORY AS RECOGNIZED BY  THE  FEDERAL  OCCUPATIONAL  SAFETY  AND
 HEALTH  ADMINISTRATION OR AN INDEPENDENT LABORATORY THAT HAS BEEN CERTI-
 FIED BY AN ACCREDITING BODY TO ISO 17025 OR ISO 17065.
   § 496.  SALE  OF  LITHIUM-ION  BATTERIES  AND  SECOND-USE  LITHIUM-ION
 BATTERIES.  1.    (A) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION,
 SELL OR OFFER FOR SALE A LITHIUM-ION BATTERY OR A SECOND-USE LITHIUM-ION
 BATTERY INTENDED FOR USE IN A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THE VEHICLE  AND  TRAFFIC  LAW  UNLESS  THE
 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY HAS BEEN CERTIFIED
 BY AN ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH A BATTERY STAND-
 ARD  REFERENCED  IN  UL  2849, UL 2271 OR EN 15194, OR SUCH OTHER SAFETY
 STANDARD APPROVED BY THE DEPARTMENT OF STATE PURSUANT TO REGULATION, AND
 LABELED ACCORDINGLY.
   (B) NO PERSON SHALL DISTRIBUTE, ASSEMBLE, RECONDITION, SELL  OR  OFFER
 FOR  SALE  A  LITHIUM-ION  BATTERY  OR  A SECOND-USE LITHIUM-ION BATTERY
 INTENDED FOR USE  IN  A  MICROMOBILITY  DEVICE  UNLESS  THE  LITHIUM-ION
 BATTERY  OR  SECOND-USE  LITHIUM-ION  BATTERY  HAS  BEEN CERTIFIED BY AN
 ACCREDITED TESTING LABORATORY FOR COMPLIANCE WITH UL 2271 OR UL 2272, OR
 SUCH OTHER SAFETY STANDARD APPROVED BY THE DEPARTMENT OF STATE  PURSUANT
 TO REGULATION, AND LABELED ACCORDINGLY.
   2. A PERSON WHO VIOLATES SUBDIVISION ONE OF THIS SECTION IS LIABLE FOR
 A CIVIL PENALTY AS FOLLOWS:
   (A)  FOR  THE FIRST VIOLATION, A CIVIL PENALTY OF TWO HUNDRED DOLLARS;
 AND
   (B) FOR EACH SUBSEQUENT VIOLATION ISSUED FOR THE SAME  OFFENSE  WITHIN
 TWO  YEARS OF THE DATE OF A FIRST VIOLATION, A CIVIL PENALTY OF NOT MORE
 THAN ONE THOUSAND DOLLARS.
   3. EACH FAILURE TO COMPLY WITH SUBDIVISION ONE OF  THIS  SECTION  WITH
 RESPECT  TO  EACH SEPARATE LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION
 BATTERY CONSTITUTES A SEPARATE VIOLATION.
   4. THE DISTRICT ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION COUNSEL
 SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN THIS SECTION,  AND
 ALL  CIVIL  PENALTIES  OBTAINED  IN ANY SUCH ACTION SHALL BE RETAINED BY
 SUCH MUNICIPALITY OR COUNTY.
   5. THE DEPARTMENT OF STATE MAY PROMULGATE RULES AND  REGULATIONS  THAT
 PROVIDE  FOR  ANY  ADDITIONAL  ACCEPTABLE  SAFETY STANDARD RELATING TO A
 LITHIUM-ION BATTERY OR SECOND-USE LITHIUM-ION BATTERY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART HH
 
   Section  1. Paragraph 1 of subsection (c) of section 109 of the insur-
 ance law, as amended by section 1 of subpart B of part AA of chapter  57
 of the laws of 2022, is amended to read as follows:
   (1) (A) If the superintendent finds after notice and hearing that  any
 authorized  insurer,  representative  of the insurer, licensed insurance
 S. 8308--A                         116                        A. 8808--A
 
 agent, licensed insurance broker, licensed adjuster, or any other person
 or entity licensed, certified, registered,  or  authorized  pursuant  to
 this  chapter,  has willfully violated the provisions of this chapter or
 any  regulation  promulgated  thereunder or with respect to accident and
 health insurance, any provision of titles one or two of division  BB  of
 the  Consolidated  Appropriations  Act of 2021 (Pub. L. No. 116-260), as
 may be amended from time-to-time, and any regulations promulgated there-
 under, then the superintendent may order the person or entity to pay  to
 the  people  of this state a penalty in a sum not exceeding one thousand
 dollars for each offense.
   (B) IF THE SUPERINTENDENT FINDS AFTER  NOTICE  AND  HEARING  THAT  ANY
 AUTHORIZED  INSURER OR REPRESENTATIVE THEREOF HAS WILLFULLY VIOLATED ANY
 MENTAL HEALTH OR SUBSTANCE USE DISORDER PROVISION OF THIS CHAPTER OR ANY
 REGULATION PROMULGATED THEREUNDER, OR THE  FEDERAL  PAUL  WELLSTONE  AND
 PETE  DOMENICI MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29
 U.S.C. § 1185A) OR  ANY  REGULATION  PROMULGATED  THEREUNDER,  THEN  THE
 SUPERINTENDENT MAY ORDER THE AUTHORIZED INSURER OR REPRESENTATIVE THERE-
 OF  TO  PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT EXCEEDING
 TWO THOUSAND DOLLARS FOR EACH OFFENSE.
   § 2. This act shall take effect immediately.
 
                                  PART II
 
   Section 1. The general business law is amended by adding a new section
 352-m to read as follows:
   § 352-M. PROTECTING ELIGIBLE ADULTS FROM EXPLOITATION. 1. DEFINITIONS.
 AS USED IN THIS SECTION THE FOLLOWING TERMS  SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "ADULT  PROTECTIVE  SERVICES"  MEANS THE DIVISION OF THE NEW YORK
 CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY  AGENCY  RESPONSIBLE
 FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
 SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (B)  "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
 BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR  OMIS-
 SION  BY  A  PERSON,  INCLUDING  THROUGH THE USE OF A POWER OF ATTORNEY,
 GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO:  (A)
 OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
 ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
   (B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
   (C)  "LAW  ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
 LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH  IS  AUTHORIZED
 BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
 BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
 AND ANY PROSECUTOR.
   (D)  "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
 FINANCIAL TRANSACTIONS PENDING  AN  INVESTIGATION  BY  A  BROKER-DEALER,
 INVESTMENT  ADVISER, OR QUALIFIED INDIVIDUAL, ADULT PROTECTIVE SERVICES,
 OR A LAW ENFORCEMENT AGENCY.
   (E) "ELIGIBLE ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE  YEARS  OF
 AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
 OR  PHYSICAL  IMPAIRMENT,  IS  UNABLE  TO  MANAGE THEIR OWN RESOURCES OR
 PROTECT THEMSELVES FROM FINANCIAL EXPLOITATION WITHOUT  ASSISTANCE  FROM
 OTHERS.
   2. NOTIFICATION.  IF A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED
 INDIVIDUAL  REASONABLY  BELIEVES  FINANCIAL  EXPLOITATION OF AN ELIGIBLE
 ADULT HAS OCCURRED, HAS BEEN ATTEMPTED,  OR  IS  BEING  ATTEMPTED,  SUCH
 S. 8308--A                         117                        A. 8808--A
 
 BROKER-DEALER,  INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PROMPTLY
 NOTIFY THE ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
   3.  APPLICATION  OF TRANSACTION HOLD.  (A) IF AN EMPLOYEE OF A BROKER-
 DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL REASONABLY  BELIEVES
 THAT  FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT MAY HAVE OCCURRED, MAY
 HAVE BEEN ATTEMPTED, OR IS BEING  ATTEMPTED,  THEN  SUCH  BROKER-DEALER,
 INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL MAY PLACE A TRANSACTION HOLD
 ON SUCH TRANSACTION.
   (B) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL SHALL
 APPLY  A  TRANSACTION HOLD TO A TRANSACTION IF ADULT PROTECTIVE SERVICES
 OR A LAW ENFORCEMENT  AGENCY  NOTIFIES  SUCH  BROKER-DEALER,  INVESTMENT
 ADVISER,  OR  QUALIFIED  INDIVIDUAL THAT IT REASONABLY BELIEVES THAT THE
 TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION OF AN
 ELIGIBLE ADULT.
   (C) A BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL  THAT
 APPLIES  A  TRANSACTION  HOLD SHALL: (I) PROVIDE NOTICE OF SUCH HOLD, IN
 WRITING, TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON  THE  ACCOUNT
 THAT  IS  THE  SUBJECT  OF A TRANSACTION HOLD, AS WELL AS ANY DESIGNATED
 THIRD PARTY, NO LATER THAN ONE BUSINESS DAY AFTER THE APPLICATION OF THE
 TRANSACTION HOLD; (II) IF THE TRANSACTION HOLD HAS BEEN APPLIED PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION, NO LATER  THAN  ONE  BUSINESS  DAY
 AFTER  APPLICATION OF THE TRANSACTION HOLD, REPORT THE TRANSACTION HOLD,
 INCLUDING THE BASIS FOR THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALI-
 FIED INDIVIDUAL'S BELIEF THAT THE  TRANSACTION  IS  THE  SUBJECT  OF  OR
 RELATED  TO FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTEC-
 TIVE SERVICES IN ITS DISTRICT AND TO A LAW ENFORCEMENT AGENCY; AND (III)
 AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY,
 PROVIDE ANY INFORMATION AND DOCUMENTS RELATING TO THE  TRANSACTION  HOLD
 WITHIN  THREE  BUSINESS  DAYS  AFTER THE REQUEST FOR SUCH INFORMATION OR
 DOCUMENTS.
   4. DURATION OF TRANSACTION  HOLD.  A  TRANSACTION  HOLD  SHALL  EXPIRE
 FIFTEEN  BUSINESS  DAYS  AFTER  ITS APPLICATION EXCEPT THAT (I) A TRANS-
 ACTION HOLD SHALL BE EXTENDED FOR NO MORE  THAN  TWENTY-FIVE  ADDITIONAL
 BUSINESS  DAYS  UPON  REQUEST  FROM  ADULT  PROTECTIVE SERVICES OR A LAW
 ENFORCEMENT AGENCY; (II) AT ANY TIME, A BROKER-DEALER, INVESTMENT ADVIS-
 ER, OR QUALIFIED INDIVIDUAL SHALL RELEASE A TRANSACTION  HOLD  NOT  MORE
 THAN  ONE  BUSINESS DAY AFTER SUCH BROKER-DEALER, INVESTMENT ADVISER, OR
 QUALIFIED INDIVIDUAL RECEIVES NOTICE FROM ADULT PROTECTIVE  SERVICES  OR
 THE  LAW  ENFORCEMENT  AGENCY  THAT REQUESTED THE TRANSACTION HOLD OR TO
 WHICH THE BROKER-DEALER, INVESTMENT  ADVISER,  OR  QUALIFIED  INDIVIDUAL
 REPORTED  THE  TRANSACTION  HOLD,  THAT  SUCH AGENCY DOES NOT HAVE OR NO
 LONGER HAS A REASONABLE BASIS TO BELIEVE THAT THE  HELD  TRANSACTION  IS
 THE  SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION; (III) IF A BROKER-
 DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL NO LONGER REASONABLY
 BELIEVES THAT A TRANSACTION IS THE SUBJECT OF OR  RELATED  TO  FINANCIAL
 EXPLOITATION,  IT  MAY RELEASE A TRANSACTION HOLD APPLIED TO THAT TRANS-
 ACTION, PROVIDED THAT ADULT PROTECTIVE SERVICES OR THE  LAW  ENFORCEMENT
 AGENCY,  THE  BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
 HAS NOTIFIED OF SUCH HOLD PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  (C)
 OF SUBDIVISION THREE OF THIS SECTION DOES NOT OBJECT; (IV) A TRANSACTION
 HOLD  MAY  BE  EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A COURT OF
 COMPETENT JURISDICTION; AND (V) A TRANSACTION HOLD MAY BE TERMINATED  AT
 ANY  TIME  PURSUANT TO AN ORDER ISSUED BY A COURT OF COMPETENT JURISDIC-
 TION.
   5. RECORDS. A BROKER-DEALER OR INVESTMENT ADVISER SHALL PROVIDE ACCESS
 TO OR COPIES OF RECORDS THAT ARE RELEVANT TO THE SUSPECTED OR  ATTEMPTED
 S. 8308--A                         118                        A. 8808--A
 
 FINANCIAL  EXPLOITATION  OF AN ELIGIBLE ADULT TO LAW ENFORCEMENT, EITHER
 AS PART OF A NOTIFICATION OR IF IT IS NECESSARY OR  APPROPRIATE  IN  THE
 PUBLIC  INTEREST  AND  FOR  THE  PROTECTION  OF  THE ELIGIBLE ADULT. THE
 RECORDS  MAY  INCLUDE  HISTORICAL RECORDS AS WELL AS RECORDS RELATING TO
 THE MOST RECENT TRANSACTIONS THAT MAY COMPRISE FINANCIAL EXPLOITATION OF
 AN ELIGIBLE ADULT. ALL RECORDS MADE AVAILABLE TO LAW  ENFORCEMENT  SHALL
 BE  CONSIDERED CONFIDENTIAL RECORDS AND SHALL NOT BE AVAILABLE FOR EXAM-
 INATION BY THE PUBLIC.
   6. IMMUNITY. A BROKER-DEALER, INVESTMENT ADVISER, OR A QUALIFIED INDI-
 VIDUAL SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE  LIABIL-
 ITY  FOR  GOOD  FAITH  ACTIONS  IN  RELATION  TO THE APPLICATION OF THIS
 SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY  A
 TRANSACTION  HOLD  TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
 IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A  TRANSACTION
 HOLD WHEN THE BROKER-DEALER, INVESTMENT ADVISER, OR QUALIFIED INDIVIDUAL
 ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE
 DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
   § 2. The banking law is amended by adding a new section 4-d to read as
 follows:
   §  4-D.  PROTECTING  ELIGIBLE  ADULTS  FROM FINANCIAL EXPLOITATION. 1.
 DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE  THE
 FOLLOWING MEANINGS:
   (A)  "ADULT  PROTECTIVE  SERVICES"  MEANS THE DIVISION OF THE NEW YORK
 CITY HUMAN RESOURCES ADMINISTRATION AND EACH COUNTY  AGENCY  RESPONSIBLE
 FOR PROVIDING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED
 SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
   (B) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
 SAVINGS  AND LOAN ASSOCIATION, CREDIT UNION OR BRANCH OF A FOREIGN BANK-
 ING CORPORATION THAT IS CHARTERED, ORGANIZED OR LICENSED UNDER THE  LAWS
 OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN THE ORDI-
 NARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
   (C)  "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER USE OF AN ELIGI-
 BLE ADULT'S FUNDS, PROPERTY, INCOME OR ASSETS; OR (II) ANY ACT OR  OMIS-
 SION  BY  A  PERSON,  INCLUDING  THROUGH THE USE OF A POWER OF ATTORNEY,
 GUARDIANSHIP OR ANY OTHER AUTHORITY REGARDING AN ELIGIBLE ADULT TO:  (A)
 OBTAIN CONTROL, THROUGH DECEPTION, INTIMIDATION, THREATS OR UNDUE INFLU-
 ENCE OVER THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY; OR
   (B) CONVERT THE ELIGIBLE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
   (D)  "LAW  ENFORCEMENT AGENCY" MEANS ANY AGENCY, WHICH IS EMPOWERED BY
 LAW TO MAKE AN ARREST FOR A FELONY, AND ANY AGENCY WHICH  IS  AUTHORIZED
 BY LAW TO PROSECUTE A FELONY AND INCLUDING ANY POLICE OFFICER AS DEFINED
 BY SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW
 AND ANY PROSECUTOR.
   (E)  "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
 FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY  A  BANKING  INSTITU-
 TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
   (F)  "ELIGIBLE  ADULT" MEANS AN INDIVIDUAL WHO IS: SIXTY-FIVE YEARS OF
 AGE OR OLDER; OR AT LEAST THE AGE OF EIGHTEEN AND WHO, BECAUSE OF MENTAL
 OR PHYSICAL IMPAIRMENT, IS UNABLE  TO  MANAGE  THEIR  OWN  RESOURCES  OR
 PROTECT  THEMSELVES  FROM FINANCIAL EXPLOITATION WITHOUT ASSISTANCE FROM
 OTHERS.
   2. APPLICATION OF TRANSACTION HOLD.  (A) IF AN EMPLOYEE OF  A  BANKING
 INSTITUTION  REASONABLY  BELIEVES  THAT  A  FINANCIAL EXPLOITATION OF AN
 ELIGIBLE ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR  IS  BEING
 ATTEMPTED,  THEN THE BANKING INSTITUTION MAY PLACE A TRANSACTION HOLD ON
 SUCH TRANSACTION.
 S. 8308--A                         119                        A. 8808--A
 
   (B) A BANKING INSTITUTION SHALL APPLY A TRANSACTION HOLD TO  A  TRANS-
 ACTION IF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY NOTIFIES
 THE BANKING INSTITUTION THAT IT REASONABLY BELIEVES THAT THE TRANSACTION
 IS  THE  SUBJECT  OF OR RELATED TO FINANCIAL EXPLOITATION OF AN ELIGIBLE
 ADULT.
   (C)  A  BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL: (I)
 PROVIDE NOTICE OF SUCH HOLD, IN WRITING, TO ALL  PARTIES  AUTHORIZED  TO
 TRANSACT  BUSINESS  ON  THE ACCOUNT THAT IS THE SUBJECT OF A TRANSACTION
 HOLD, AS WELL ANY DESIGNATED THIRD PARTY, NO LATER THAN ONE BUSINESS DAY
 AFTER THE APPLICATION OF THE TRANSACTION HOLD; (II) IF  THE  TRANSACTION
 HOLD  HAS BEEN APPLIED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, NO
 LATER THAN ONE BUSINESS DAY AFTER APPLICATION OF THE  TRANSACTION  HOLD,
 REPORT  THE TRANSACTION HOLD, INCLUDING THE BASIS FOR THE BANKING INSTI-
 TUTION'S BELIEF THAT THE TRANSACTION IS THE SUBJECT  OF  OR  RELATED  TO
 FINANCIAL EXPLOITATION OF AN ELIGIBLE ADULT TO ADULT PROTECTIVE SERVICES
 IN  ITS  DISTRICT  AND  TO  A  LAW  ENFORCEMENT AGENCY; AND (III) AT THE
 REQUEST OF ADULT  PROTECTIVE  SERVICES  OR  A  LAW  ENFORCEMENT  AGENCY,
 PROVIDE  ANY  INFORMATION AND DOCUMENTS RELATING TO THE TRANSACTION HOLD
 WITHIN THREE BUSINESS DAYS AFTER THE REQUEST  FOR  SUCH  INFORMATION  OR
 DOCUMENTS.
   3.  NOTIFICATION.  IF A BANKING INSTITUTION REASONABLY BELIEVES FINAN-
 CIAL EXPLOITATION OF AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED,
 OR IS BEING ATTEMPTED, THE BANKING INSTITUTION MAY PROMPTLY  NOTIFY  THE
 ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT.
   4.  DURATION  OF  TRANSACTION  HOLD.  A  TRANSACTION HOLD SHALL EXPIRE
 FIFTEEN BUSINESS DAYS AFTER ITS APPLICATION EXCEPT  THAT  (I)  A  TRANS-
 ACTION  HOLD  SHALL  BE EXTENDED FOR NO MORE THAN TWENTY-FIVE ADDITIONAL
 BUSINESS DAYS UPON REQUEST FROM  ADULT  PROTECTIVE  SERVICES  OR  A  LAW
 ENFORCEMENT  AGENCY;  (II)  AT  ANY  TIME,  A  BANKING INSTITUTION SHALL
 RELEASE A TRANSACTION HOLD NOT MORE THAN ONE  BUSINESS  DAY  AFTER  SUCH
 BANKING  INSTITUTION  RECEIVES  NOTICE FROM ADULT PROTECTIVE SERVICES OR
 THE LAW ENFORCEMENT AGENCY THAT REQUESTED THE  TRANSACTION  HOLD  OR  TO
 WHICH  THE  BANKING INSTITUTION REPORTED THE TRANSACTION HOLD, THAT SUCH
 AGENCY DOES NOT HAVE OR NO LONGER HAS A REASONABLE BASIS TO BELIEVE THAT
 THE HELD TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITA-
 TION; (III) IF A BANKING INSTITUTION NO LONGER REASONABLY BELIEVES  THAT
 A TRANSACTION IS THE SUBJECT OF OR RELATED TO FINANCIAL EXPLOITATION, IT
 MAY  RELEASE  A  TRANSACTION  HOLD APPLIED TO THAT TRANSACTION, PROVIDED
 THAT ADULT PROTECTIVE SERVICES OR THE LAW ENFORCEMENT AGENCY THE BANKING
 INSTITUTION HAS NOTIFIED OF SUCH HOLD PURSUANT TO  SUBPARAGRAPH  (I)  OF
 PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION DOES NOT OBJECT; (IV) A
 TRANSACTION HOLD MAY BE EXTENDED IN ACCORDANCE WITH AN ORDER ISSUED BY A
 COURT  OF  COMPETENT  JURISDICTION;  AND  (V)  A TRANSACTION HOLD MAY BE
 TERMINATED AT ANY TIME PURSUANT TO AN ORDER ISSUED BY A COURT OF  COMPE-
 TENT JURISDICTION.
   5.  REGULATIONS.    THE  SUPERINTENDENT  MAY PROMULGATE REGULATIONS TO
 EFFECTUATE THE PURPOSES OF THIS SECTION, INCLUDING SETTING FORTH FACTORS
 THAT A BANKING INSTITUTION MAY CONSIDER IN DETERMINING WHETHER TO  APPLY
 A  TRANSACTION HOLD TO A TRANSACTION PURSUANT TO PARAGRAPH (A) OF SUBDI-
 VISION TWO OF THIS SECTION, THE FORM  AND  MANNER  OF  ANY  NOTIFICATION
 MANDATED  BY  SUBDIVISION TWO OF THIS SECTION, AND THE IMPLEMENTATION OF
 TRAINING PROGRAMS FOR BANKING INSTITUTION STAFF RELATING TO  RECOGNIZING
 FINANCIAL EXPLOITATION.
   6.  IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING INSTI-
 TUTION SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE  LIABIL-
 ITY  FOR  GOOD  FAITH  ACTIONS  IN  RELATION  TO THE APPLICATION OF THIS
 S. 8308--A                         120                        A. 8808--A
 
 SECTION, INCLUDING ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY  A
 TRANSACTION  HOLD  TO A TRANSACTION. NOTWITHSTANDING THE FOREGOING, SUCH
 IMMUNITY SHALL NOT APPLY TO A DETERMINATION NOT TO IMPOSE A  TRANSACTION
 HOLD  WHEN  THE  BANKING  INSTITUTION OR EMPLOYEE ENGAGES IN INTENTIONAL
 MISCONDUCT IN MAKING THE DETERMINATION, OR IF THE DETERMINATION  RESULTS
 FROM A CONFLICT OF INTEREST.
   § 3. Section 473 of the social services law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A.  WHENEVER  A  SOCIAL  SERVICES  OFFICIAL,  OR HIS OR HER DESIGNEE
 AUTHORIZED OR REQUIRED TO DETERMINE THE  NEED  FOR,  OR  TO  PROVIDE  OR
 ARRANGE FOR THE PROVISION OF PROTECTIVE SERVICES TO ADULTS IN ACCORDANCE
 WITH THE PROVISIONS OF THIS TITLE HAS A REASON TO BELIEVE THAT FINANCIAL
 EXPLOITATION  OF  AN ELIGIBLE ADULT HAS OCCURRED, HAS BEEN ATTEMPTED, OR
 IS BEING ATTEMPTED, THE SOCIAL SERVICES OFFICIAL OR HIS OR HER  DESIGNEE
 MUST  REPORT  THIS INFORMATION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY
 AND NOTIFY ANY FINANCIAL OR BANKING INSTITUTIONS INVOLVED IN  THE  RELE-
 VANT FINANCIAL TRANSACTIONS OF THE NEED TO APPLY A TRANSACTION HOLD.
   §  4.  Paragraph  (g)  of  subdivision  6 of section 473 of the social
 services law, as amended by chapter 395 of the laws of 1995, is  amended
 to read as follows:
   (g) "Financial exploitation" means:
   (I)  THE  improper  use  of  an  adult's  funds,  property,  INCOME or
 [resources by another individual, including but not limited  to,  fraud,
 false  pretenses, embezzlement, conspiracy, forgery, falsifying records,
 coerced property transfers or denial of access to assets] ASSETS; OR
   (II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE USE  OF  A
 POWER  OF  ATTORNEY,  GUARDIANSHIP  OR  ANY OTHER AUTHORITY REGARDING AN
 ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION,  INTIMIDATION,  THREATS
 OR  UNDUE  INFLUENCE OVER THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY;
 OR (B) CONVERT THE ADULT'S MONEY, ASSETS, INCOME OR PROPERTY.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                                  PART JJ
 
   Section 1. This act shall be known and may be cited as  the  "Consumer
 Protection Act (CPA)".
   §  2.  Section 349 of the general business law, as added by chapter 43
 of the laws of 1970, subdivision (h) as amended by chapter  157  of  the
 laws  of  1984,  and subdivision (j) as added by section 6 of part HH of
 chapter 55 of the laws of 2014, is amended to read as follows:
   § 349. [Deceptive acts] UNFAIR, DECEPTIVE AND ABUSIVE ACTS  and  prac-
 tices  unlawful.  (a)  [Deceptive]  UNFAIR, DECEPTIVE OR ABUSIVE acts or
 practices in the conduct of any business, trade or commerce  or  in  the
 furnishing of any service in this state are hereby declared unlawful.
   (1)  FOR  THE  PURPOSES  OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
 WHEN IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE  INJURY  IS
 NOT  REASONABLY  AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
 VAILING BENEFITS TO CONSUMERS OR COMPETITION.
   (2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR  PRACTICE  IS  ABUSIVE
 WHEN:
   (I)  IT  MATERIALLY  INTERFERES WITH THE ABILITY OF A PERSON TO UNDER-
 STAND A TERM OR CONDITION OF A PRODUCT OR SERVICE; OR
   (II) TAKES UNREASONABLE ADVANTAGE OF:
   (A) A PERSON'S LACK OF UNDERSTANDING OF THE MATERIAL RISKS, COSTS,  OR
 CONDITIONS OF THE PRODUCT OR SERVICE; OR
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   (B)  A  PERSON'S  INABILITY TO PROTECT THEIR INTERESTS IN SELECTING OR
 USING A PRODUCT OR SERVICE.
   (b)  Whenever  the attorney general shall believe from evidence satis-
 factory to [him] THEM that any person, firm, corporation or  association
 or agent or employee thereof has engaged in or is about to engage in any
 of the acts or practices stated to be [unlawful he] UNFAIR, DECEPTIVE OR
 ABUSIVE,  THEY  may  bring  an  action  in the name and on behalf of the
 people of the state of New York to enjoin such unlawful  acts  or  prac-
 tices  and  to  obtain  restitution  of  any moneys or property obtained
 directly or indirectly by any such unlawful acts or practices.  In  such
 action  preliminary  relief  may be granted under article sixty-three of
 the civil practice law and rules. SUCH ACTIONS MAY BE BROUGHT REGARDLESS
 OF WHETHER OR NOT THE UNDERLYING VIOLATION IS DIRECTED AT    INDIVIDUALS
 OR   BUSINESSES OR INVOLVES THE OFFERING OF GOODS, SERVICES, OR PROPERTY
 FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES.
   (c) Before any violation of this section is sought to be enjoined, the
 attorney general shall be required to give the person against whom  such
 proceeding  is  contemplated notice by certified mail and an opportunity
 to show in writing within five business days after receipt of notice why
 proceedings should not be instituted  against  [him]  THEM,  unless  the
 attorney  general  shall find, in any case in which [he seeks] THEY SEEK
 preliminary relief, that to give such notice and opportunity is  not  in
 the public interest.
   (d)  In any such action it shall be a complete defense that the act or
 practice is, or if in interstate  commerce  would  be,  subject  to  and
 complies  with  the  rules and regulations of, and the statutes adminis-
 tered by, the federal trade commission or any official department, divi-
 sion, commission or agency of the United States  as  such  rules,  regu-
 lations  or  statutes are interpreted by the federal trade commission or
 such department, division, commission or agency or the federal courts.
   (e) Nothing in this section shall apply to  any  television  or  radio
 broadcasting  station  or  to  any  publisher or printer of a newspaper,
 magazine  or  other  form  of  printed  advertising,   who   broadcasts,
 publishes, or prints the advertisement.
   (f) In connection with any proposed proceeding under this section, the
 attorney general is authorized to take proof and make a determination of
 the  relevant facts, and to issue subpoenas in accordance with the civil
 practice law and rules.
   (g) This section shall apply to all UNFAIR, deceptive OR ABUSIVE  acts
 or  practices  declared  to  be  unlawful, whether or not subject to any
 other law of this state, and shall not supersede, amend  or  repeal  any
 other  law  of this state under which the attorney general is authorized
 to take any action or conduct any inquiry.
   (h) In addition to the right of action granted to the attorney general
 pursuant to this section, any person who has been injured by  reason  of
 any  violation  of  this  section may bring an action in [his] THEIR own
 name to enjoin such [unlawful] UNFAIR,  DECEPTIVE,  OR  ABUSIVE  act  or
 practice, an action to recover [his] THEIR actual damages or [fifty] ONE
 THOUSAND  dollars,  whichever  is  greater, or both such actions.   SUCH
 ACTIONS MAY BE BROUGHT REGARDLESS  OF  WHETHER  OR  NOT  THE  UNDERLYING
 VIOLATION  INVOLVES  THE  OFFERING  OF GOODS, SERVICES   OR PROPERTY FOR
 PERSONAL,  FAMILY  OR  HOUSEHOLD  PURPOSES.  The  court  may,   in   its
 discretion,  increase  the  award  of damages to an amount not to exceed
 three times the actual damages up to one thousand dollars, if the  court
 finds  the  defendant  willfully or knowingly violated this section. The
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 court [may] SHALL award  reasonable  attorney's  fees  AND  COSTS  to  a
 prevailing plaintiff.
   (I)  (1)  AT  LEAST THIRTY DAYS PRIOR TO THE COMMENCEMENT OF AN ACTION
 FOR MONETARY DAMAGES EXCEEDING FIVE HUNDRED DOLLARS PURSUANT TO SUBDIVI-
 SION (H) OF THIS SECTION OR WITHIN THIRTY DAYS OF AMENDING  A  COMPLAINT
 TO  SEEK  MONETARY  DAMAGES  EXCEEDING  FIVE HUNDRED DOLLARS PURSUANT TO
 SUBDIVISION (H) OF THIS SECTION, THE CONSUMER SHALL DO THE FOLLOWING:
   (A) NOTIFY THE PERSON ALLEGED TO HAVE COMMITTED UNFAIR,  DECEPTIVE  OR
 ABUSIVE ACTS OR PRACTICES IN VIOLATION OF THIS SECTION OF THE PARTICULAR
 ALLEGED  VIOLATIONS  OF  THIS  SECTION,  INCLUDING A REASONABLY SPECIFIC
 DESCRIPTION REGARDING THE TIME, PLACE AND NATURE OF THE ALLEGATIONS; AND
   (B) DEMAND THAT SUCH PERSON CORRECT,  REPAIR,  REPLACE,  OR  OTHERWISE
 RECTIFY  THE ALLEGED VIOLATION OR VIOLATIONS OF THIS SECTION WITH SUFFI-
 CIENT SPECIFICITY TO PERMIT A  REASONABLE  PERSON  TO  RESPOND  TO  SUCH
 DEMAND.
   (2)  THE  DEMAND MADE PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING
 AND SHALL BE SENT  BY  CERTIFIED  OR  REGISTERED  MAIL,  RETURN  RECEIPT
 REQUESTED,  TO  THE  PLACE  WHERE  THE  TRANSACTION  OCCURRED  OR TO THE
 PERSON'S PRINCIPAL PLACE OF BUSINESS, IF KNOWN.  EVIDENCE  DEMONSTRATING
 THAT NOTICE, HOWEVER MADE, WAS ACTUALLY RECEIVED BY THE PERSON IS SUFFI-
 CIENT TO DEMONSTRATE COMPLIANCE WITH  THIS PARAGRAPH.
   (3)  NO  ACTION FOR MONETARY DAMAGES GREATER THAN FIVE HUNDRED DOLLARS
 MAY BE MAINTAINED UNDER  THIS  SECTION  IF  AN  APPROPRIATE  CORRECTION,
 REPAIR,  REPLACEMENT,  OR  OTHER  REMEDY HAS BEEN PROVIDED BY THE PERSON
 ALLEGED TO HAVE COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES
 IN VIOLATION OF THIS SECTION TO  THE  CONSUMER  WITHIN  THIRTY  DAYS  OF
 RECEIPT BY SUCH PERSON OF THE NOTICE.
   (4)  NO  ACTION  FOR  MONETARY DAMAGES MAY BE MAINTAINED UNDER ARTICLE
 NINE OF THE CIVIL PRACTICE LAW AND RULES AGAINST  A  PERSON  ALLEGED  TO
 HAVE  COMMITTED  UNFAIR,  DECEPTIVE  OR  ABUSIVE  ACTS  OR  PRACTICES IN
 VIOLATION OF THIS SECTION UPON A SHOWING BY SUCH PERSON THAT THEY HAVE:
   (A) IDENTIFIED ALL CONSUMERS SIMILARLY SITUATED OR HAVE  MADE  REASON-
 ABLE EFFORTS TO IDENTIFY SUCH OTHER CONSUMERS;
   (B)  NOTIFIED ALL SUCH SIMILARLY SITUATED CONSUMERS SO IDENTIFIED THAT
 UPON THEIR REQUEST, SUCH PERSON SHALL MAKE THE  APPROPRIATE  CORRECTION,
 REPAIR, REPLACEMENT, OR OTHER REMEDY OF THE GOODS OR SERVICES;
   (C)  CORRECTED,  REPAIRED,  REPLACED,  OR  PROVIDED  ANY  OTHER REMEDY
 REQUESTED BY THE CONSUMERS WITHIN A REASONABLE TIME FRAME; AND
   (D) CEASED FROM ENGAGING IN, OR IF IMMEDIATE CESSATION  IS  IMPOSSIBLE
 OR  UNREASONABLY  EXPENSIVE  UNDER  THE  CIRCUMSTANCES, THE PERSON WILL,
 WITHIN A REASONABLE TIME, CEASE TO ENGAGE IN, THE UNFAIR,  DECEPTIVE  OR
 ABUSIVE ACTS OR PRACTICES.
   (5)  ACTIONS  SEEKING  INJUNCTIVE RELIEF ONLY MAY BE COMMENCED WITHOUT
 COMPLIANCE WITH THIS SUBDIVISION.
   (6) ATTEMPTS OR EFFORTS TO  COMPLY  WITH  THIS  SECTION  BY  A  PERSON
 RECEIVING  A  DEMAND  SHALL BE CONSTRUED AS AN OFFER TO COMPROMISE UNDER
 SECTION FORTY-FIVE HUNDRED FORTY-SEVEN OF THE  CIVIL  PRACTICE  LAW  AND
 RULES  AND  SHALL  BE INADMISSIBLE AS EVIDENCE. FURTHERMORE, ATTEMPTS OR
 EFFORTS TO COMPLY WITH A DEMAND SHALL NOT BE CONSIDERED AN ADMISSION  OF
 ENGAGING  IN  AN  ACT  OR  PRACTICE  DECLARED  UNLAWFUL BY THIS SECTION.
 EVIDENCE OF COMPLIANCE OR  ATTEMPTS  OR  EFFORTS  TO  COMPLY  WITH  THIS
 SECTION  MAY  BE  INTRODUCED  BY  A  DEFENDANT OR PERSON ALLEGED TO HAVE
 COMMITTED UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN VIOLATION OF
 THIS SECTION FOR THE PURPOSE OF  ESTABLISHING  GOOD  FAITH  OR  TO  SHOW
 COMPLIANCE WITH THIS SECTION.
 S. 8308--A                         123                        A. 8808--A
 
   (j)  Notwithstanding  any law to the contrary, all monies recovered or
 obtained under this article by a  state  agency  or  state  official  or
 employee  acting in their official capacity shall be subject to subdivi-
 sion eleven of section four of the state finance law.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART KK
 
   Section 1. Section 4 of Part WW of chapter 56  of  the  laws  of  2022
 amending  the public officers law relating to permitting videoconferenc-
 ing and remote participation in public meetings  under  certain  circum-
 stances, is amended to read as follows:
   §  4.  This  act shall take effect immediately and shall expire and be
 deemed repealed July 1, [2024] 2026.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
 ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
 amended to read as follows:
   (2) Any domestic life insurance company proposing to assume  by  rein-
 surance all or any part of the business in force, other than portions of
 individual  risks,  of  any  domestic,  foreign  or alien life insurance
 company,  fraternal  benefit  society  or  other   organization   having
 outstanding  policies  or certificates of life insurance or accident and
 health insurance or annuity contracts shall make written application  to
 the  superintendent  for permission to do so. If after due consideration
 the superintendent is satisfied that the proposed reinsurance  will  not
 prejudice  the interests of the policyholders of either the applicant or
 the companies [which] THAT are members of The  Life  Insurance  Guaranty
 Corporation  or of The Life AND HEALTH Insurance Company Guaranty Corpo-
 ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
   § 2. Paragraph 1 of subsection (a) of section 7434  of  the  insurance
 law,  as  amended by chapter 134 of the laws of 1999, is amended to read
 as follows:
   (1) Upon the recommendation  of  the  superintendent,  and  under  the
 direction  of the court, distribution payments shall be made in a manner
 that will assure the proper recognition of priorities and  a  reasonable
 balance  between  the  expeditious completion of the liquidation and the
 protection of unliquidated and  undetermined  claims.  The  priority  of
 distribution  of  claims  from  an insolvent [property/casualty] insurer
 OTHER THAN A LIFE INSURER in any  proceeding  subject  to  this  article
 shall  be  in accordance with the order in which each class of claims is
 set forth in this paragraph and as provided  in  this  paragraph.  Every
 claim in each class shall be paid in full or adequate funds retained for
 such  payment  before the members of the next class receive any payment.
 No subclasses shall be established within  any  class.  No  claim  by  a
 shareholder,  policyholder  or  other  creditor  shall  be  permitted to
 circumvent the priority classes through the use of  equitable  remedies.
 The order of distribution of claims shall be:
   [(i)]  (A)  Class one. Claims with respect to the actual and necessary
 costs and expenses of administration, incurred by the liquidator,  reha-
 bilitator or conservator under this article.
 S. 8308--A                         124                        A. 8808--A
 
   [(ii)]  (B) Class two. All claims under policies including such claims
 of the federal or any state or local  government  for  losses  incurred,
 third  party  claims,  claims for unearned premiums, and all claims of a
 security fund, guaranty association  or  the  equivalent  except  claims
 arising under reinsurance contracts.
   [(iii)] (C) Class three. Claims of the federal government except those
 under class two above.
   [(iv)]  (D)  Class  four.  Claims  for  wages owing to employees of an
 insurer against whom a proceeding under this article  is  commenced  for
 services rendered within one year before commencement of the proceeding,
 not  exceeding  one  thousand  two hundred dollars to each employee, and
 claims for unemployment  insurance  contributions  required  by  article
 eighteen  of  the labor law. Such priority shall be in lieu of any other
 similar priority which may be authorized by law.
   [(v)] (E) Class five. Claims of state  and  local  governments  except
 those under class two above.
   [(vi)]  (F)  Class six. Claims of general creditors including, but not
 limited to, claims arising under reinsurance contracts.
   [(vii)] (G) Class seven. Claims filed late or any other  claims  other
 than claims under class eight or class nine below.
   [(viii)]  H)  Class  eight. Claims for advanced or borrowed funds made
 pursuant to section one thousand three hundred seven of this chapter.
   [(ix)] (I) Class nine. Claims of shareholders or other owners in their
 capacity as shareholders.
   § 3. Paragraphs 1 and 4 of subsection  (a)  of  section  7435  of  the
 insurance  law, as added by chapter 802 of the laws of 1985, are amended
 to read as follows:
   (1) Class one. Claims with respect to the actual and  necessary  costs
 and  expenses of administration, incurred by the liquidator, rehabilita-
 tor, conservator or ancillary rehabilitator under this  article,  or  by
 The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
 Company  Guaranty  Corporation  of  New  York,  and  claims described in
 subsection (d) of section seven thousand seven hundred thirteen of  this
 chapter.
   (4) Class four. All claims under insurance policies, annuity contracts
 and  funding agreements, and all claims of The Life AND HEALTH Insurance
 Company Guaranty Corporation of New York or any  other  guaranty  corpo-
 ration  or association of this state or another jurisdiction, other than
 [(i)] claims provided for in paragraph one  of  this  subsection[,]  and
 [(ii)] claims for interest.
   §  4.  Paragraph  2 of subsection (c) of section 7709 of the insurance
 law, as amended by section 10 of subpart D of part Y of  chapter  57  of
 the laws of 2023, is amended to read as follows:
   (2)  The  amount  of  any  class  B  or class C assessment, except for
 assessments related to long-term care insurance, shall be allocated  for
 assessment purposes among the accounts in the proportion that the premi-
 ums  received  by  the  impaired or insolvent insurer on the policies or
 contracts covered by each account for the last calendar  year  preceding
 the  assessment  in  which  the  impaired  or insolvent insurer received
 premiums bears to the premiums received by such insurer for such  calen-
 dar  year  on all covered policies. The amount of any class B or class C
 assessment for long-term care  insurance  written  by  the  impaired  or
 insolvent insurer shall be allocated according to a methodology included
 in  the plan of operation and approved by the superintendent.  The meth-
 odology shall provide for fifty percent of the assessment  to  be  allo-
 cated  to  health insurance company member insurers and fifty percent to
 S. 8308--A                         125                        A. 8808--A
 
 be allocated to life insurance company member insurers; provided, howev-
 er, that a property/casualty insurer that writes health insurance  shall
 be considered a health insurance company member for this purpose.  Class
 B and class C assessments against member insurers for each account shall
 be  in  the  proportion  that  the premiums received on business in this
 state by each assessed  member  insurer  on  policies  covered  by  each
 account  for  the three calendar years preceding the assessment bears to
 such premiums received on business in this state for such calendar years
 by all assessed member insurers.    CLASS  B  AND  CLASS  C  ASSESSMENTS
 AGAINST  MEMBER  INSURERS  FOR  THE  HEALTH  INSURANCE  ACCOUNT SHALL BE
 FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
 OLOGY INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE  SUPERINTEN-
 DENT.
   § 5. Section 7712 of the insurance law, as added by chapter 802 of the
 laws  of  1985,  subsection (a) as amended by section 11 of subpart D of
 part Y of chapter 57 of the laws of 2023, is amended to read as follows:
   § 7712. Credits for assessments paid.  (a)  The  superintendent  shall
 annually[,  within six months following the close of each calendar year,
 furnish to the commissioner of taxation and finance and the director  of
 the division of the budget a statement of operations for the life insur-
 ance  guaranty  corporation  and  the  life and health insurance company
 guaranty corporation of New York. Such statement shall show the  assess-
 ments,  less  any refunds or reimbursements thereof, paid by each insur-
 ance company pursuant to the  provisions  of  article  seventy-five  or]
 ISSUE  A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
 A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND  CLASS  C
 ASSESSMENTS  PAID,  AS  SUCH  ASSESSMENTS ARE DESCRIBED IN section seven
 thousand seven hundred nine of this article, [for the purposes of  meet-
 ing  the requirements of this chapter. Each statement, starting with the
 statement furnished in the year nineteen hundred eighty-six  and  ending
 with  the  statement  furnished in the year two thousand, shall show the
 annual activity for every year commencing from nineteen hundred  eighty-
 five through the most recently completed year.  Each statement furnished
 in  each year after the year two thousand shall reflect such assessments
 paid during the preceding fifteen  calendar  years.  The  superintendent
 shall  also  furnish a copy of such statement to each such] TO AN insur-
 ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT  TO  ARTICLE
 THIRTY-THREE  OF  THE  TAX  LAW.    FOR THE PURPOSES OF THIS SECTION, AN
 INSURANCE COMPANY'S "NET CLASS A ASSESSMENTS PAID" SHALL MEAN ITS  GROSS
 CLASS  A ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-
 FIVE OR SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS ARTICLE,  LESS
 ANY  REFUNDS,  RECOVERIES, OR REIMBURSEMENTS, AND AN INSURANCE COMPANY'S
 "TOTAL NET CLASS B AND CLASS C ASSESSMENTS PAID" SHALL  MEAN  ITS  GROSS
 CLASS B AND CLASS C ASSESSMENTS PAID PURSUANT TO THE PROVISIONS OF ARTI-
 CLE  SEVENTY-FIVE  OR  SECTION SEVEN THOUSAND SEVEN HUNDRED NINE OF THIS
 ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR REIMBURSEMENTS.
   (b) The [maximum authorized] CERTIFICATES  OF  TAX  credit  [for  each
 company in respect of the assessments paid during the most recent calen-
 dar  year  covered by such statement] shall [be] SET FORTH THE AMOUNT OF
 TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
   (1) [if the sum of the net assessments paid by all  companies  in  the
 period  reported  on  in  the  statement  of  operations  required to be
 furnished by the superintendent pursuant to the provisions of subsection
 (a) of this section is less than one hundred million  dollars,  no  such
 credits  shall  be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
 S. 8308--A                         126                        A. 8808--A
 
 CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
 COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
   (2)  [(A)  if  the  sum  of  such  net assessments exceeds one hundred
 million dollars, the maximum authorized credit  for  each  company  with
 respect to net assessments paid by such company in any year shall be the
 excess, if any, of (i) over (ii), where (i) is the sum of such company's
 tentative  cross-over  year  credit and its tentative credits for subse-
 quent years, both as determined pursuant to subparagraphs (B) and (C) of
 this paragraph, and (ii) is the sum of the maximum  credits  theretofore
 authorized for the years covered by such statement, to and including the
 most  recently  completed year, determined with reference to the periods
 covered by all prior such statements.
   (B) Such company's tentative cross-over year credit  shall  be  eighty
 per  centum  of  the  product  of  (i) and (ii), where (i) is the sum of
 assessments paid by such company during the cross-over year, and (ii) is
 a fraction, the numerator of  which  is  the  excess  over  one  hundred
 million  dollars  of  the  sum  of net assessments paid by all companies
 during such period and the denominator  of  which  is  the  sum  of  net
 assessments  paid  by  such  companies  during  the cross-over year. For
 purposes of this paragraph, the cross-over year is the first year during
 the period covered by such statement in which the net  assessments  paid
 by all companies during such period exceeded one hundred million dollars
 in whole or in part.
   (C)  Such  company's  tentative credit for each year subsequent to the
 cross-over year shall be eighty per centum of the net  assessments  paid
 by such company during such year.
   (3)  For  the  purposes  of  this section, net assessments means gross
 assessments, less any recoveries  or  reimbursements,  paid  during  the
 period  covered  by the most recent statement of operations furnished by
 the superintendent pursuant to the provisions of subsection (a) of  this
 section]  FOR  TOTAL  NET  CLASS B AND CLASS C ASSESSMENTS, THE ELIGIBLE
 CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
 COMPANY'S TOTAL NET CLASS B AND CLASS C  ASSESSMENTS  PAID,  SUBJECT  TO
 SUBSECTION (C) OF THIS SECTION.
   (C)(1)  THE  AGGREGATE  AMOUNT OF TAX CREDITS PURSUANT TO THIS SECTION
 FOR TOTAL NET CLASS B AND CLASS C  ASSESSMENTS  IN  EACH  CALENDAR  YEAR
 SHALL  NOT  EXCEED ONE HUNDRED FIFTY MILLION DOLLARS.  THE AGGREGATE TAX
 CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
 RATA BASIS TO EACH COMPANY REQUIRED TO FILE A  TAX  RETURN  PURSUANT  TO
 ARTICLE THIRTY-THREE OF THE TAX LAW.
   (2)  THE  SUPERINTENDENT  SHALL  ALLOCATE  ANY  TAX CREDIT AMOUNT THAT
 EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY  MILLION  DOLLARS  TO
 THE  FOLLOWING  CALENDAR  YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
 LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT  TO  THE  AGGREGATE  CREDIT
 AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
   (3)  FOR  COMPANIES  ISSUED  A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
 CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
 AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF  THE  AMOUNT
 CALCULATED  UNDER  SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
 TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON  THE  CERTIFICATE  OF
 TAX  CREDIT  SHALL  BE  ELIGIBLE  TO BE CLAIMED IN THE TAXABLE YEAR THAT
 BEGINS IN THE CALENDAR YEAR THAT SUCH  CERTIFICATE  IS  ISSUED.  THIRTY-
 THREE  AND  ONE-THIRD  PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
 CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
   (D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
 OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF  TAX  CREDIT  FOR  NET
 S. 8308--A                         127                        A. 8808--A

 CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
 B  AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
 TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE,  INCLUDING
 A CERTIFICATE DATE.
   (2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
 ITY  OF  ANY  INSURANCE  COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
 CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
 CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE  CREDIT  SHOWN
 ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
 CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
 PURSUANT TO THIS SECTION.
   (3)  TO  BE  ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
 EACH INSURANCE COMPANY SHALL:
   (A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO  THE  ADMINISTRATION  OF
 THIS  SECTION  WITH  THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
 WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE  AVAIL-
 ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW;
   (B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
 BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
 TOR COMPLIANCE WITH THIS SECTION; AND
   (C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
 INTENDENT RELEVANT TO THIS SECTION.
   §  6.  Subdivision  (f)  of section 1511 of the tax law, as amended by
 chapter 803 of the laws of 1985, paragraph 1 as amended by  chapter  217
 of  the laws 2012, subparagraph (B) of paragraph 3 as further amended by
 section 104 of part A of chapter 62 of the laws of 2011 and paragraph  5
 as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
 amended to read as follows:
   (f)  Credit relating to life AND HEALTH insurance guaranty corporation
 assessments.  [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE  YEARS  BEGINNING
 ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
 allowed against the tax imposed pursuant to  this  article  (other  than
 section  fifteen  hundred five-a of this article)[, for a portion of the
 assessments paid by a  taxpayer  pursuant  to  article  seventy-five  or
 section  seven  thousand  seven  hundred  nine of the insurance law. The
 credit shall be determined in accordance with the following  provisions]
 AS HEREINAFTER PROVIDED.
   [(1)]  (2)  AMOUNT  OF  CREDIT. The [maximum authorized] AMOUNT OF THE
 credit for each taxpayer shall [be determined as provided in] EQUAL  THE
 AMOUNT  SHOWN  ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
 SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER  PURSUANT  TO  section  seven
 thousand  seven  hundred  twelve  of the insurance law.  WITH RESPECT TO
 EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED  IN  THE
 TAXABLE  YEAR  THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
 ISSUED.
   [(2) Thirty-three and one-third per centum of the  maximum  authorized
 credit for the second calendar year preceding the taxable year, plus any
 amount carried forward under subparagraph (C) of paragraph three of this
 subdivision or paragraph four of this subdivision, shall be allowed as a
 credit  under  this  subdivision for such taxable year, and thirty-three
 and one third per centum of such  maximum  authorized  credit  for  such
 second  preceding  calendar  year, plus any amount carried forward under
 subparagraph (C) of this subdivision or paragraph four of this  subdivi-
 S. 8308--A                         128                        A. 8808--A

 sion,  shall  be allowed in each of the two taxable years following such
 taxable year.]
   (3) [(A) For each calendar year for which a credit has been authorized
 pursuant to section seven thousand seven hundred twelve of the insurance
 law,  the commissioner of taxation and finance shall determine the total
 tax liability of all life insurance  corporations  under  this  article,
 other  than under section fifteen hundred five-a of this article, before
 the application of any credits allowed pursuant  to  this  section,  for
 taxable  years beginning in such calendar year. Such total tax liability
 shall be published in the state register on or before the thirtieth  day
 of September of the next succeeding calendar year.
   (B)  The  credit  allowed  under paragraph two of this subdivision for
 each taxpayer shall not exceed the product of (x) and (y) where (x) is a
 fraction, the numerator of which is the sum  of  the  gross  assessments
 paid  by  the particular taxpayer during the calendar year for which the
 credit has been authorized and the denominator of which is  the  sum  of
 the  gross  assessments  paid by all companies during such year, both as
 shown in the most recent statement of operations furnished by the super-
 intendent of financial services under subsection (a)  of  section  seven
 thousand  seven hundred twelve of the insurance law and both the numera-
 tor and denominator being reduced, as appropriate,  by  any  refunds  or
 reimbursements  and  (y)  is  the greater of (i) forty per centum of the
 total tax liability published by the commissioner pursuant  to  subpara-
 graph (A) of this paragraph and (ii) forty million dollars.
   (C)  The  amount by which the allowable credit computed without refer-
 ence to the limitation contained in subparagraph (B) of  this  paragraph
 exceeds  the  allowable  credit  for  such taxable year shall be carried
 forward as a credit under paragraph two of this subdivision.
   (D) With respect to estimated  taxes  payable  under  section  fifteen
 hundred  fourteen of this article any increase in estimated taxes due to
 the limitation imposed by this paragraph shall be deemed timely paid  if
 paid  on or before the fifteenth day of December next following the date
 specified in subparagraph (A) of this paragraph.] CARRYOVER. THE  CREDIT
 ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
 TAX  DUE  FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY PARAGRAPH FOUR
 OF SUBDIVISION (A) OF SECTION FIFTEEN HUNDRED TWO  OF  THIS  ARTICLE  OR
 SECTION  FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS APPLICABLE.
 HOWEVER, IF THE AMOUNT OF CREDIT ALLOWABLE UNDER  THIS  SUBDIVISION  FOR
 ANY  TAXABLE  YEAR  REDUCES THE TAX TO SUCH AMOUNT, ANY AMOUNT OF CREDIT
 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
 YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH  YEAR
 OR YEARS.
   (4) [If for any taxable year the credits allowable under paragraph two
 of  this  subdivision determined without regard to this paragraph exceed
 the taxpayer's liability for taxes under this article  for  the  taxable
 year  after  the allowance of all other credits under this section, then
 the sum of two hundred fifty dollars and the amount by which such  cred-
 its  under  this  subdivision exceed such tax liability shall be carried
 forward as a credit under paragraph two  of  this  subdivision  for  the
 taxable  year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
 IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR  CERTIFICATES,
 OF  TAX  CREDIT  BY  THE  DEPARTMENT  OF  FINANCIAL SERVICES PURSUANT TO
 SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE  LAW,  EACH
 OF  WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
 BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER  IN  A
 PARTNERSHIP,  MEMBER  OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
 S. 8308--A                         129                        A. 8808--A
 
 SUBCHAPTER S CORPORATION THAT HAS RECEIVED  A  CERTIFICATE,  OR  CERTIF-
 ICATES,  OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
 EARNED BY THE PARTNERSHIP, LIMITED LIABILITY  COMPANY  OR  SUBCHAPTER  S
 CORPORATION.
   (5)  [No  credit allowed pursuant to this subdivision shall reduce the
 tax payable by any taxpayer under this article for any taxable  year  to
 an  amount less than the minimum tax fixed by paragraph four of subdivi-
 sion (a) of section fifteen hundred  two  of  this  article  or  section
 fifteen  hundred  two-a  of  this article, whichever is applicable.] TAX
 RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO  INCLUDE  WITH  ITS  TAX
 RETURN  IN  THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
 ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
 OF FINANCIAL SERVICES.
   (6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER,  EMPLOYEES  OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (A) INFORMATION REGARDING THE CREDIT ALLOWED OR  CLAIMED  PURSUANT  TO
 THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
   (B)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE  DEPARTMENT.  ALL  INFORMATION  EXCHANGED  BETWEEN  THE
 DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
 TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
 CERS LAW.
   (7)  CREDIT  RECAPTURE.  IF  A CERTIFICATE OF TAX CREDIT ISSUED BY THE
 DEPARTMENT OF FINANCIAL SERVICES  UNDER  SECTION  SEVEN  THOUSAND  SEVEN
 HUNDRED  TWELVE  OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
 AMOUNT OF CREDIT DESCRIBED  IN  THIS  SUBDIVISION  AND  CLAIMED  BY  THE
 TAXPAYER  PRIOR  TO  SUCH  REVOCATION  SHALL BE ADDED BACK TO TAX IN THE
 TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
 CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE  DEPART-
 MENT  OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
 DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO  SUCH
 MODIFICATION  AND  THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
 TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
   (8) NET ASSESSMENTS.  NO AMOUNT OF ANY NET ASSESSMENTS  PAID  BY  SUCH
 TAXPAYER  INCLUDED  AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
 ON ANY SUCH CERTIFICATE SHALL BE THE BASIS  FOR  ANY  OTHER  TAX  CREDIT
 UNDER THIS CHAPTER.
   §  7.  Notwithstanding  the  provisions of sections one through six of
 this act, in 2024, for the calendar year  2023,  the  superintendent  of
 financial  services  shall  furnish  the statement of operations for the
 life insurance guaranty corporation and the life  and  health  insurance
 company  guaranty  corporation of New York as provided in subsection (a)
 of section 7712 of the insurance law, as such provision of  law  was  in
 effect immediately prior to the effective date of this act.
   §  8.  Notwithstanding the provisions of sections one through seven of
 this act, an insurance company allowed a tax credit pursuant to  section
 7712 of the insurance law and subdivision (f) of section 1511 of the tax
 law,  as  such provisions of law were in effect immediately prior to the
 effective date of this act, shall continue  to  be  allowed  the  credit
 relating  to  life insurance guaranty corporation assessments under such
 subdivision (f), for assessments paid on or before December 31, 2023, as
 follows:
   (i) any amount of such credit that has not been claimed in  a  taxable
 year  beginning  before  January  1,  2024  shall be allowed as a credit
 against the tax imposed pursuant to article 33 of  the  tax  law,  other
 S. 8308--A                         130                        A. 8808--A
 
 than section 1505-a of such article, in the taxable year beginning on or
 after such date; and
   (ii)  any  amount of credit allowed pursuant to the previous paragraph
 shall be subject to the carryover provision of paragraph 3  of  subdivi-
 sion  (f)  of  section 1511 of the tax law, as such subdivision has been
 amended by section six of this act.
   § 9. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2024.
 
                                  PART MM
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "artificial intelligence deceptive practices act".
   §  2.  This act enacts into law major components of legislation neces-
 sary to implement the artificial intelligence deceptive  practices  act.
 Each  component  is  wholly  contained  within  a  Subpart identified as
 Subparts A through C. The effective date for each  particular  provision
 contained  within  such Subpart is set forth in the last section of such
 Subpart. Any provision  in  any  section  contained  within  a  Subpart,
 including  the effective date of the Subpart, which makes 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 four  of  this  act
 sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  Section  50 of the civil rights law is amended to read as
 follows:
   § 50. Right of privacy. A person, firm or corporation  that  uses  for
 advertising  purposes,  or for the purposes of trade, the name, portrait
 [or], picture, LIKENESS, OR VOICE of any living  person  without  having
 first obtained the written consent of such person, or if a minor of [his
 or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
   §  2. Section 51 of the civil rights law, as amended by chapter 674 of
 the laws of 1995, is amended to read as follows:
   § 51. Action for injunction and for damages. Any  person  whose  name,
 portrait,  picture,  LIKENESS  or  voice  is  used within this state for
 advertising purposes or for the purposes of trade  without  the  written
 consent  first  obtained  as  above  provided  may maintain an equitable
 action in the supreme court of this state against the  person,  firm  or
 corporation  so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
 NESS or voice, to prevent and restrain the use thereof; and may also sue
 and recover damages for any injuries sustained by reason of such use and
 if the defendant shall have knowingly used such person's name, portrait,
 picture, LIKENESS or voice in such manner as is forbidden or declared to
 be unlawful  by  section  fifty  of  this  article,  the  jury,  in  its
 discretion,  may  award exemplary damages. But nothing contained in this
 article shall be so construed as to prevent any person, firm  or  corpo-
 ration  from  selling  or otherwise transferring any material containing
 such name, portrait, picture, LIKENESS or voice in  whatever  medium  to
 any  user  of such name, portrait, picture, LIKENESS or voice, or to any
 third party for sale or transfer directly or indirectly to such a  user,
 for use in a manner lawful under this article; nothing contained in this
 article  shall  be so construed as to prevent any person, firm or corpo-
 ration, practicing the profession of photography, from exhibiting in  or
 S. 8308--A                         131                        A. 8808--A
 
 about  [his  or  its]  THEIR establishment specimens of the work of such
 establishment, unless the same is continued  by  such  person,  firm  or
 corporation after written notice objecting thereto has been given by the
 person  portrayed;  and  nothing  contained  in this article shall be so
 construed as to prevent any person, firm or corporation from  using  the
 name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
 in  connection  with  the  goods,  wares  and  merchandise manufactured,
 produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
 THEY HAVE sold or disposed of with such name, portrait,  picture,  LIKE-
 NESS  or  voice  used  in  connection therewith; or from using the name,
 portrait, picture, LIKENESS or voice of any author, composer  or  artist
 in connection with [his] THEIR literary, musical or artistic productions
 which  [he  has] THEY HAVE sold or disposed of with such name, portrait,
 picture, LIKENESS or  voice  used  in  connection  therewith.    Nothing
 contained  in  this section shall be construed to prohibit the copyright
 owner of a sound recording from disposing of, dealing in,  licensing  or
 selling  that  sound recording to any party, if the right to dispose of,
 deal in, license or sell such sound  recording  has  been  conferred  by
 contract  or  other written document by such living person or the holder
 of such right. Nothing contained in  the  foregoing  sentence  shall  be
 deemed  to  abrogate or otherwise limit any rights or remedies otherwise
 conferred by federal law or state law.
   § 3. The opening paragraph of subdivision 1 and subdivisions 4  and  5
 of  section 52-b of the civil rights law, as added by chapter 109 of the
 laws of 2019, are amended and a new subdivision 11 is added to  read  as
 follows:
   Any  person  depicted  in  a  still or video image, INCLUDING AN IMAGE
 CREATED OR ALTERED BY DIGITIZATION, regardless of  whether  or  not  the
 original  still  or  video image was consensually obtained, shall have a
 cause of action against an individual who, for the purpose of harassing,
 annoying or alarming such person, disseminated or published, or  threat-
 ened  to  disseminate  or publish, such still or video image, where such
 image:
   4. Any person depicted in a still or video image, INCLUDING  AN  IMAGE
 CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
 intimate  part of such person, or such person engaging in sexual conduct
 as defined in subdivision ten of section 130.00 of the  penal  law  with
 another  person,  which is disseminated or published without the consent
 of such person and where such person had a reasonable  expectation  that
 the  image  would  remain  private,  may  maintain  an action or special
 proceeding for a court order to require any website that is  subject  to
 personal  jurisdiction  under subdivision five of this section to perma-
 nently remove such still or video image; any such  court  order  granted
 pursuant  to  this subdivision may direct removal only as to images that
 are reasonably within such website's control.
   5. a. Any website that hosts or transmits  a  still  or  video  image,
 INCLUDING  AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
 state, taken under circumstances where the person depicted had a reason-
 able expectation that the image would remain private, which depicts:
   (i) an unclothed or exposed  intimate  part,  as  defined  in  section
 245.15 of the penal law, of a resident of this state; or
   (ii) a resident of this state engaging in sexual conduct as defined in
 subdivision  ten of section 130.00 of the penal law with another person;
 and
   b. Such still or video image is  hosted  or  transmitted  without  the
 consent  of  such  resident  of this state, shall be subject to personal
 S. 8308--A                         132                        A. 8808--A
 
 jurisdiction in a civil action in  this  state  to  the  maximum  extent
 permitted under the United States constitution and federal law.
   11.  FOR  PURPOSES  OF  THIS  SECTION, "DIGITIZATION" MEANS THE USE OF
 SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
 TER-GENERATED OR TECHNOLOGICAL  MEANS,  INCLUDING  ADAPTING,  MODIFYING,
 MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
   § 4. Paragraph  b of subdivision 1 of section 52-c of the civil rights
 law, as added by chapter 304 of the laws of 2020,  is amended to read as
 follows:
   b. "digitization" means to realistically depict the nude body parts of
 another  human  being as the nude body parts of the depicted individual,
 computer-generated nude body  parts  as  the  nude  body  parts  of  the
 depicted  individual  or  the  depicted  individual  engaging  in sexual
 conduct, as defined in subdivision ten of section 130.00  of  the  penal
 law,  in  which  the depicted individual did not engage.  "DIGITIZATION"
 MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
 GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
 ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
   § 5. The civil rights law is amended by adding a new section  50-h  to
 read as follows:
   §  50-H.  PRIVATE RIGHT OF ACTION FOR FALSE LIGHT INVASION OF PRIVACY.
 1.  FOR THE PURPOSES OF THIS SECTION:
   A. "DEPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHOSE  PICTURE,  PORTRAIT
 OR VOICE APPEARS IN DIGITALLY-ALTERED MATERIAL IN A REALISTIC MANNER.
   B. "ACTOR" MEANS A HUMAN BEING OR A LEGAL ENTITY.
   C. "INDIVIDUAL" MEANS A NATURAL INDIVIDUAL.
   D. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFI-
 CIAL  INTELLIGENCE,  OR  ANY  OTHER  COMPUTER-GENERATED OR TECHNOLOGICAL
 MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A  REAL-
 ISTIC DEPICTION.
   E.  "DIGITALLY-ALTERED  MATERIAL"  MEANS  ANY  AUDIO  OR VISUAL MEDIA,
 INCLUDING ANY PHOTOGRAPH, FILM, VIDEOTAPE, AUDIO  RECORDING  OR  SIMILAR
 MEDIUM  THAT  HAS  BEEN  CREATED  OR ALTERED IN A REALISTIC MANNER USING
 DIGITIZATION.
   2. A. A DEPICTED INDIVIDUAL SHALL HAVE A CAUSE OF  ACTION  AGAINST  AN
 ACTOR  WHO DISCLOSES, DISSEMINATES, OR PUBLISHES DIGITALLY-ALTERED MATE-
 RIAL THAT CONTAINS A FALSE STATEMENT OR REPRESENTATION WHICH PLACES SUCH
 INDIVIDUAL IN A FALSE LIGHT, IF:
   I. THE FALSE LIGHT IN WHICH THE DEPICTED INDIVIDUAL WAS  PLACED  WOULD
 BE HIGHLY OFFENSIVE TO A REASONABLE PERSON; AND
   II.  (A)  WHERE THE DEPICTED INDIVIDUAL IS A PRIVATE PERSON, THE ACTOR
 KNEW OR IN THE EXERCISE OF REASONABLE CARE  SHOULD  HAVE  KNOWN  OF  THE
 FALSITY  OF  SUCH  DIGITALLY-ALTERED MATERIAL; OR (B) WHERE THE DEPICTED
 INDIVIDUAL IS A PUBLIC FIGURE, THE ACTOR HAD KNOWLEDGE OF OR ACTED  WITH
 RECKLESS DISREGARD AS TO THE FALSITY OF SUCH DIGITALLY-ALTERED MATERIAL.
   B.  IT  SHALL  NOT  BE  A DEFENSE TO AN ACTION UNDER THIS SECTION THAT
 THERE IS A DISCLAIMER THAT THE DIGITALLY-ALTERED  MATERIAL  THAT  PLACES
 THE  DEPICTED  INDIVIDUAL  IN A FALSE LIGHT WAS UNAUTHORIZED OR THAT THE
 DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION  OR  DEVELOPMENT
 OF THE DIGITALLY-ALTERED MATERIAL.
   3.  A  CAUSE OF ACTION UNDER THIS SECTION SHALL BE COMMENCED THE LATER
 OF EITHER:
   A. THREE YEARS AFTER THE DISCLOSURE, DISSEMINATION OR  PUBLICATION  OF
 THE  DIGITALLY-ALTERED MATERIAL THAT PLACES THE DEPICTED INDIVIDUAL IN A
 FALSE LIGHT;
 S. 8308--A                         133                        A. 8808--A
 
   B. ONE YEAR FROM THE DATE A PERSON  DISCOVERS,  OR  REASONABLY  SHOULD
 HAVE  DISCOVERED,  THE  DISCLOSURE, DISSEMINATION OR PUBLICATION OF SUCH
 DIGITALLY-ALTERED MATERIAL THAT PLACES  THE  DEPICTED  INDIVIDUAL  IN  A
 FALSE LIGHT.
   4.  IN  ANY  ACTION  COMMENCED PURSUANT TO THIS SECTION, THE FINDER OF
 FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE RELIEF, PUNITIVE  DAMAGES,
 COMPENSATORY DAMAGES AND REASONABLE COURT COSTS AND ATTORNEYS' FEES.
   5.  NOTHING  IN THIS SECTION SHALL BE READ TO REQUIRE A PRIOR CRIMINAL
 COMPLAINT, PROSECUTION OR CONVICTION TO ESTABLISH THE  ELEMENTS  OF  THE
 CAUSE OF ACTION PROVIDED FOR IN THIS SECTION.
   6.  THE PROVISIONS OF THIS SECTION INCLUDING THE REMEDIES ARE IN ADDI-
 TION TO, AND SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE
 IN LAW OR EQUITY.
   7. IF ANY PROVISION OF THIS SECTION OR ITS APPLICATION TO  ANY  PERSON
 OR  CIRCUMSTANCE  IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER
 PROVISIONS OR APPLICATIONS OF THIS SECTION WHICH  CAN  BE  GIVEN  EFFECT
 WITHOUT  THE  INVALID  PROVISION  OR  APPLICATION,  AND  TO THIS END THE
 PROVISIONS OF THIS SECTION ARE SEVERABLE.
   8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE  COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   § 6. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1.  Section 10.00 of the penal law is amended by adding a new
 subdivision 23 to read as follows:
   23. "DIGITIZATION" MEANS THE USE OF SOFTWARE, MACHINE LEARNING,  ARTI-
 FICIAL  INTELLIGENCE,  OR  ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL
 MEANS, INCLUDING ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A  REAL-
 ISTIC DEPICTION.
   § 2. The penal law is amended by adding a new section 15.30 to read as
 follows:
 § 15.30 EFFECT OF USE OF DIGITIZATION UPON LIABILITY.
   A  PERSON IS NOT RELIEVED OF CRIMINAL LIABILITY FOR CONDUCT BECAUSE IT
 INVOLVES THE USE OF DIGITIZATION, REGARDLESS  OF  WHETHER  THE  MATERIAL
 CREATED  OR  ALTERED  BY  DIGITIZATION INDICATES THROUGH A LABEL OR SOME
 OTHER FORM OF INFORMATION PUBLISHED THAT DIGITIZATION WAS USED. EVIDENCE
 OF USE OF DIGITIZATION MAY BE OFFERED WHENEVER IT IS RELEVANT TO  ESTAB-
 LISH OR NEGATIVE THE CRIME CHARGED.
   §  3.  Section 245.15 of the penal law, as added by chapter 109 of the
 laws of 2019, subdivisions 1 and 2 as amended by chapter 513 of the laws
 of 2023, is amended to read as follows:
 § 245.15 Unlawful dissemination or publication of an intimate  image  OR
            AUDIO RECORD.
   1.  A  person is guilty of unlawful dissemination or publication of an
 intimate image OR AUDIO RECORD when:
   (a) (I) with intent to cause harm to the emotional, financial or phys-
 ical welfare  of  another  person,  they  intentionally  disseminate  or
 publish  a  still or video image depicting such other person with one or
 more intimate parts exposed or engaging in  OBSCENE  OR  sexual  conduct
 [with  another person], including an image created or altered by digiti-
 zation, where such person may reasonably be identified from the still or
 video image itself or from information displayed in connection with  the
 still or video image; and
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   [(b)]  (II)  the  actor  knew or reasonably should have known that the
 person depicted did not consent to such  dissemination  or  publication,
 including  the  dissemination  or publication of an image taken with the
 consent of the person depicted when such person had a reasonable  expec-
 tation  that  the  image would remain private, regardless of whether the
 actor was present when such image was taken[.]; OR
   (B) (I) WITH INTENT TO CAUSE HARM TO THE EMOTIONAL, FINANCIAL OR PHYS-
 ICAL WELFARE  OF  ANOTHER  PERSON,  THEY  INTENTIONALLY  DISSEMINATE  OR
 PUBLISH  AN  AUDIO RECORD DEPICTING SUCH OTHER PERSON ENGAGING IN SEXUAL
 OR OBSCENE CONDUCT, INCLUDING AN AUDIO  RECORD  CREATED  OR  ALTERED  BY
 DIGITIZATION,  WHERE  SUCH  PERSON MAY REASONABLY BE IDENTIFIED FROM THE
 AUDIO RECORD ITSELF OR FROM INFORMATION DISPLAYED IN CONNECTION WITH THE
 AUDIO RECORD; AND
   (II) THE ACTOR KNEW OR REASONABLY SHOULD HAVE KNOWN  THAT  THE  PERSON
 DEPICTED DID NOT CONSENT TO SUCH DISSEMINATION OR PUBLICATION, INCLUDING
 THE  DISSEMINATION  OR  PUBLICATION  OF  AN  AUDIO RECORD TAKEN WITH THE
 CONSENT OF THE PERSON DEPICTED WHEN SUCH PERSON HAD A REASONABLE  EXPEC-
 TATION THAT THE AUDIO RECORD WOULD REMAIN PRIVATE, REGARDLESS OF WHETHER
 THE ACTOR WAS PRESENT WHEN SUCH AUDIO RECORD WAS TAKEN.
   2.  For  purposes  of  this section the following terms shall have the
 following meanings:
   (a) "intimate part" means the naked  genitals,  pubic  area,  anus  or
 female nipple of the person;
   (b) "disseminate" and "publish" shall have the same meaning as defined
 in section 250.40 of this title;
   (c)  "sexual conduct" shall have the same meaning as defined in subdi-
 vision ten of section 130.00 of this chapter; and
   (d) ["digitization" shall mean to alter an image in a realistic manner
 utilizing an image  or  images  of  a  person,  other  than  the  person
 depicted,  or  computer  generated images] "OBSCENE" SHALL HAVE THE SAME
 MEANING AS DEFINED IN SECTION 235.00 OF THIS PART.
   3. This section shall not apply to the following:
   (a) the reporting of unlawful conduct;
   (b) dissemination or publication of an intimate image OR AUDIO  RECORD
 made  during  lawful  and  common  practices  of  law enforcement, legal
 proceedings or medical treatment;
   (c) images AND AUDIO RECORDS involving voluntary exposure in a  public
 or commercial setting; or
   (d)  dissemination or publication of an intimate image OR AUDIO RECORD
 made for a legitimate public purpose.
   4. Nothing in this section shall be construed to limit, or to enlarge,
 the protections that 47 U.S.C § 230 confers on an  interactive  computer
 service for content provided by another information content provider, as
 such terms are defined in 47 U.S.C. § 230.
   Unlawful  dissemination  or  publication of an intimate image OR AUDIO
 RECORD is a class A misdemeanor.
   § 4. Section 135.60 of the penal law, as amended by section 1 of  part
 NN  of  chapter 55 of the laws of 2018, the opening paragraph as amended
 by chapter 484 of the laws of 2021, subdivision 10 as added  by  chapter
 447 of the laws of 2021, is amended to read as follows:
 § 135.60 Coercion in the third degree.
   A  person  is  guilty of coercion in the third degree when [he or she]
 SUCH PERSON compels or induces a person to engage in conduct  which  the
 latter has a legal right to abstain from engaging in, or to abstain from
 engaging  in conduct in which [he or she] SUCH LATTER PERSON has a legal
 right to engage, or compels or induces a person to join a group,  organ-
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 ization  or  criminal enterprise which such latter person has a right to
 abstain from joining, or compels or induces a person to produce, dissem-
 inate, or otherwise display an  image  or  images  OR  AUDIO  RECORD  OR
 RECORDS  depicting  nudity  of  such  person [or], depicting such person
 engaged in sexual conduct as defined in subdivisions two  and  three  of
 section  235.20  of this chapter, OR DEPICTING SUCH OTHER PERSON ENGAGED
 IN CONDUCT THAT IS OBSCENE AS DEFINED IN SECTION 235.00  OF  THIS  PART,
 INCLUDING  WHEN  SUCH MATERIAL IS CREATED OR ALTERED BY DIGITIZATION, by
 means of instilling in [him or her] SUCH OTHER PERSON a  fear  that,  if
 the demand is not complied with, the actor or another will:
   1. Cause physical injury to a person; or
   2. Cause damage to property; or
   3. Engage in other conduct constituting a crime; or
   4.  Accuse  some  person  of  a  crime or cause criminal charges to be
 instituted against [him or her] SUCH PERSON; or
   5. Expose a secret or publicize an  asserted  fact,  whether  true  or
 false,  tending  to subject some person to hatred, contempt or ridicule;
 or
   6. Cause a strike, boycott or  other  collective  labor  group  action
 injurious to some person's business; except that such a threat shall not
 be deemed coercive when the act or omission compelled is for the benefit
 of the group in whose interest the actor purports to act; or
   7. Testify or provide information or withhold testimony or information
 with respect to another's legal claim or defense; or
   8.  Use  or  abuse  [his or her] THEIR position as a public servant by
 performing some act within or related to [his  or  her]  THEIR  official
 duties,  or  by failing or refusing to perform an official duty, in such
 manner as to affect some person adversely; or
   9. Perform any other act which would not in itself materially  benefit
 the actor but which is calculated to harm another person materially with
 respect to [his or her] THEIR health, safety, business, calling, career,
 financial condition, reputation or personal relationships.
   10.  Report  [his or her] THE PERSON'S immigration status or suspected
 immigration status.
   Coercion in the third degree is a class A misdemeanor.
   § 5. Section 190.25 of the penal law,  the  section  heading,  opening
 paragraph  and closing paragraph as amended by chapter 27 of the laws of
 1980, subdivisions 3 and 4 as amended and  subdivision  5  as  added  by
 chapter 739 of the laws of 2021, is amended to read as follows:
 § 190.25 Criminal impersonation in the second degree.
   A person is guilty of criminal impersonation in the second degree when
 [he] THE PERSON:
   1. Impersonates another and does an act in such assumed character with
 intent to obtain a benefit or to injure or defraud another; or
   2.  Pretends to be a representative of some person or organization and
 does an act in such pretended capacity with intent to obtain  a  benefit
 or to injure or defraud another; or
   3.  (a)  Pretends to be a public servant, or wears or displays without
 authority any uniform, badge, insignia or  facsimile  thereof  by  which
 such  public  servant is lawfully distinguished, or falsely expresses by
 [his] words or actions that [he] SUCH PERSON is a public servant  or  is
 acting  with approval or authority of a public agency or department; and
 (b) so acts with intent to induce another to submit  to  such  pretended
 official  authority,  to  solicit funds or to otherwise cause another to
 act in reliance upon that pretense; or
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   4. Impersonates another by communication by internet website or  elec-
 tronic means with intent to obtain a benefit or injure or defraud anoth-
 er, or by such communication pretends to be a public servant in order to
 induce  another  to  submit to such authority or act in reliance on such
 pretense; or
   5.  Impersonates  another  person, without such other person's permis-
 sion, by using the other person's electronic signature  with  intent  to
 obtain  a  benefit  or  injure  or  defraud  the other person or another
 person. For the purposes of this subdivision, electronic signature shall
 have the same meaning as set forth in subdivision three of section three
 hundred two of the state technology law.
   AS USED IN THIS SECTION, "IMPERSONATE" AND  "PRETEND"  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
   Criminal impersonation in the second degree is a class A misdemeanor.
   §  6.  Section 190.26 of the penal law, as amended by chapter 2 of the
 laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
 2008, is amended to read as follows:
 § 190.26 Criminal impersonation in the first degree.
   A  person is guilty of criminal impersonation in the first degree when
 [he] THE PERSON:
   1. Pretends to be a police officer or a federal law enforcement  offi-
 cer  as  enumerated  in  section  2.15 of the criminal procedure law, or
 wears or displays without authority, any uniform, badge or other  insig-
 nia  or  facsimile  thereof, by which such police officer or federal law
 enforcement officer is lawfully distinguished or expresses  by  [his  or
 her]  words  or  actions that [he or she] SUCH PERSON is acting with the
 approval or authority of any police department or acting  as  a  federal
 law  enforcement  officer  with  the approval of any agency that employs
 federal law enforcement officers as enumerated in section  2.15  of  the
 criminal procedure law; and
   2.  So  acts with intent to induce another to submit to such pretended
 official authority or otherwise to act in reliance  upon  said  pretense
 and in the course of such pretense commits or attempts to commit a felo-
 ny; or
   3.  Pretending to be a duly licensed physician or other person author-
 ized to issue a prescription for any drug or any  instrument  or  device
 used in the taking or administering of drugs for which a prescription is
 required by law, communicates to a pharmacist an oral prescription which
 is  required  to  be reduced to writing pursuant to section thirty-three
 hundred thirty-two of the public health law.
   AS USED IN THIS SECTION, "PRETEND" SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO, INSTANCES INVOLVING THE USE OF DIGITIZATION.
   Criminal impersonation in the first degree is a class E felony.
   §  7.  The  opening  paragraph  of section 190.78 of the penal law, as
 added by chapter 619 of the laws of 2002, is amended to read as follows:
   A person is guilty of identity theft in the third degree when  [he  or
 she]  SUCH PERSON knowingly and with intent to defraud assumes the iden-
 tity of another person, INCLUDING  WITH  THE  USE  OF  DIGITIZATION,  by
 presenting  [himself  or  herself]  THEMSELF as that other person, or by
 acting as that other person or by using personal identifying information
 of that other person, and thereby:
   § 8. The opening paragraph of section 190.79  of  the  penal  law,  as
 added by chapter 619 of the laws of 2002, is amended to read as follows:
   A  person  is guilty of [identify] IDENTITY theft in the second degree
 when [he or she] SUCH  PERSON  knowingly  and  with  intent  to  defraud
 assumes  the identity of another person, INCLUDING WITH THE USE OF DIGI-
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 TIZATION, by presenting [himself or  herself]  THEMSELF  as  that  other
 person, or by acting as that other person or by using personal identify-
 ing information of that other person, and thereby:
   §  9.  The  opening  paragraph  of section 190.80 of the penal law, as
 added by chapter 619 of the laws of 2002, is amended to read as follows:
   A person is guilty of identity theft in the first degree when  [he  or
 she]  SUCH PERSON knowingly and with intent to defraud assumes the iden-
 tity of another person, INCLUDING  WITH  THE  USE  OF  DIGITIZATION,  by
 presenting  [himself  or  herself]  THEMSELF as that other person, or by
 acting as that other person or by using personal identifying information
 of that other person, and thereby:
   § 10. The opening paragraph of section 190.80-a of the penal  law,  as
 added by chapter 226 of the laws of 2008, is amended to read as follows:
   A  person is guilty of aggravated identity theft when [he or she] SUCH
 PERSON knowingly and with intent to  defraud  assumes  the  identity  of
 another  person,  INCLUDING  WITH THE USE OF DIGITIZATION, by presenting
 [himself or herself] THEMSELF as that other person, or by acting as that
 other person or by using personal identifying information of that  other
 person,  and knows that such person is a member of the armed forces, and
 knows that such member is presently deployed outside of the  continental
 United States and:
   §  11. The penal law is amended by adding a new section 245.20 to read
 as follows:
 § 245.20 UNLAWFUL DISSEMINATION OR PUBLICATION OF  A  FABRICATED  PHOTO-
            GRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD.
   1.  A  PERSON  IS GUILTY OF UNLAWFUL DISSEMINATION OR PUBLICATION OF A
 FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD WHEN, WITH INTENT
 TO CAUSE HARM TO THE LIBERTY OR EMOTIONAL, SOCIAL, FINANCIAL OR PHYSICAL
 WELFARE OF AN IDENTIFIABLE PERSON OR PERSONS,  THE  ACTOR  INTENTIONALLY
 CREATES  OR  CAUSES  TO BE CREATED A FABRICATED RECORD OF SUCH PERSON OR
 PERSONS AND DISSEMINATES OR PUBLISHES SUCH  RECORD  OF  SUCH  PERSON  OR
 PERSONS WITHOUT SUCH PERSON OR PERSONS' CONSENT.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "IDENTIFIABLE"  SHALL MEAN THE ABILITY TO DISCERN AN INDIVIDUAL'S
 IDENTITY EITHER THROUGH THE FABRICATED RECORD ITSELF OR FROM INFORMATION
 DISPLAYED IN CONNECTION WITH THE FABRICATED RECORD;
   (B)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "FABRICATED  RECORD"  SHALL  MEAN  A  STILL IMAGE, VIDEO OR AUDIO RECORD
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH DIGITIZATION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW IT ACTUALLY OCCURRED; AND
   (C)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THIS TITLE.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A) DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD  BY  A  PERSON
 WHO  DID NOT CREATE THE FABRICATED RECORD OR CAUSE THE FABRICATED RECORD
 TO BE CREATED, WHETHER OR NOT SUCH PERSON IS AWARE OF  THE  AUTHENTICITY
 OF THE RECORD;
   (B)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED DURING THE LAWFUL AND COMMON PRACTICES OF LAW ENFORCEMENT, LEGAL
 PROCEEDINGS OR MEDICAL TREATMENT WHERE THE RECORD IS NOT DISSEMINATED OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
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   (C) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  POLITICAL  OR SOCIAL COMMENTARY, PARODY,
 SATIRE, OR ARTISTIC EXPRESSION THAT IS  NOT  DISSEMINATED  OR  PUBLISHED
 WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY;
   (D)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF  NEWS  REPORTING  WHERE  THE  RECORD  IS  NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (E)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED WHERE THE PERSON REASONABLY BELIEVES THAT THE  DISSEMINATION  OR
 PUBLICATION  OF THE RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERI-
 OUS BODILY INJURY OR DEATH;
   (F) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR  THE  PURPOSE  OF  HISTORICAL  REENACTMENT OR PRESERVATION,
 DIGITAL RESTORATION OR  PRESERVATION  OF  CULTURAL  HERITAGE  WHERE  THE
 RECORD  IS NOT DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT
 ITS AUTHENTICITY;
   (G) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED  FOR THE PURPOSE OF TRAINING OR EDUCATION, PROVIDED HOWEVER THAT
 SUCH TRAINING OR EDUCATION SHALL NOT INCLUDE THE TRAINING  OR  EDUCATION
 OF A PERSON OR PERSONS TO ENGAGE IN UNLAWFUL ACTIVITIES;
   (H)  DISSEMINATION  OR  PUBLICATION  OF  A  FABRICATED RECORD THAT WAS
 CREATED FOR THE PURPOSE OF MEMORIALIZING A DECEASED PERSON;
   (I) DISSEMINATION OR PUBLICATION  OF  A  FABRICATED  RECORD  THAT  WAS
 CREATED FOR THE PURPOSE OF LAWFUL SCIENTIFIC, ACADEMIC, OR TECHNOLOGICAL
 RESEARCH  OR  DEVELOPMENT  WHERE  THE  RECORD  IS  NOT  DISSEMINATED  OR
 PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTICITY; AND
   (J) INITIAL DISSEMINATION OR PUBLICATION OF A FABRICATED RECORD BY THE
 PLATFORM OR SERVICE, PROVIDED THAT THE FABRICATED RECORD WAS NOT CREATED
 BY AN INDIVIDUAL  WHO  IS  DIRECTLY  AFFILIATED  WITH  THE  PLATFORM  OR
 SERVICE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE  PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   UNLAWFUL DISSEMINATION OR PUBLICATION OF  A  FABRICATED  PHOTOGRAPHIC,
 VIDEOGRAPHIC, OR AUDIO RECORD IS A CLASS A MISDEMEANOR.
   §  12. Section 263.10 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 263.10 Promoting an obscene sexual performance by a child.
   A person is guilty of promoting an obscene  sexual  performance  by  a
 child  when, knowing the character and content thereof, [he] SUCH PERSON
 produces, directs or promotes any  obscene  performance  which  includes
 sexual  conduct by a child less than seventeen years of age, INCLUDING A
 PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
   Promoting an obscene sexual performance by a child is a class D  felo-
 ny.
   §  13.  Section  263.11 of the penal law, as amended by chapter 456 of
 the laws of 2012, is amended to read as follows:
 § 263.11 Possessing an obscene sexual performance by a child.
   A person is guilty of possessing an obscene sexual  performance  by  a
 child  when, knowing the character and content thereof, [he] SUCH PERSON
 knowingly has in [his] SUCH PERSON'S possession or control, or knowingly
 accesses with intent to view, any  obscene  performance  which  includes
 sexual  conduct  by  a child less than sixteen years of age, INCLUDING A
 PERFORMANCE CREATED OR ALTERED BY DIGITIZATION.
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   Possessing an obscene sexual performance by a child is a class E felo-
 ny.
   §  14. Section 263.15 of the penal law, as amended by chapter 1 of the
 laws of 2000, is amended to read as follows:
 § 263.15 Promoting a sexual performance by a child.
   A person is guilty of promoting a sexual performance by a child  when,
 knowing  the  character  and content thereof, [he] SUCH PERSON produces,
 directs or promotes any performance which includes sexual conduct  by  a
 child  less than seventeen years of age, INCLUDING A PERFORMANCE CREATED
 OR ALTERED BY DIGITIZATION.
   Promoting a sexual performance by a child is a class D felony.
   § 15. Section 263.16 of the penal law, as amended by  chapter  456  of
 the laws of 2012, is amended to read as follows:
 § 263.16 Possessing a sexual performance by a child.
   A person is guilty of possessing a sexual performance by a child when,
 knowing  the  character  and content thereof, [he] SUCH PERSON knowingly
 has in [his] SUCH PERSON'S possession or control, or knowingly  accesses
 with  intent to view, any performance which includes sexual conduct by a
 child less than sixteen years of age, INCLUDING A PERFORMANCE CREATED OR
 ALTERED BY DIGITIZATION.
   Possessing a sexual performance by a child is a class E felony.
   § 16. This act shall take effect on the ninetieth day after  it  shall
 have become a law.
 
                                 SUBPART C
 
   Section  1.  Section 14-106 of the election law is amended by adding a
 new subdivision 5 to read as follows:
   5. (A) FOR PURPOSES OF THIS SUBDIVISION:
   (I) "DIGITIZATION" MEANS USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL
 INTELLIGENCE, OR ANY OTHER COMPUTER-GENERATED  OR  TECHNOLOGICAL  MEANS,
 INCLUDING  ADAPTING,  MODIFYING,  MANIPULATING,  OR ALTERING A REALISTIC
 DEPICTION.
   (II) "DECEPTIVE MEDIA" MEANS  ANY  VIDEO  RECORDING,  MOTION  PICTURE,
 FILM,  AUDIO RECORDING, ELECTRONIC IMAGE, PHOTOGRAPH, TEXT, OR ANY TECH-
 NOLOGICAL REPRESENTATION OF SPEECH OR CONDUCT FULLY OR PARTIALLY CREATED
 OR MODIFIED THROUGH DIGITIZATION THAT:
   (1) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY; AND
   (2)  DEPICTS  A  SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
 OR ORGANIZATION THAT WITH THE INTENT TO UNDULY INFLUENCE THE OUTCOME  OF
 AN ELECTION OR DECEIVE A VOTER, KNOWINGLY DISTRIBUTES OR PUBLISHES WITH-
 IN  SIXTY  DAYS  OF  AN  ELECTION  ANY  POLITICAL COMMUNICATION THAT WAS
 PRODUCED BY OR INCLUDES DIGITIZED DECEPTIVE MEDIA SHALL BE  REQUIRED  TO
 DISCLOSE THE USE OF SUCH DIGITIZATION.
   (II)  (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED IN
 AN APPROPRIATE LEGIBLE FONT SIZE CONSISTENT WITH OTHER TEXT APPEARING IN
 THE VISUAL MEDIA AND IN THE SAME LANGUAGE USED ON THE  COMMUNICATION  TO
 READ  AS  FOLLOWS:  "THIS  POLITICAL  COMMUNICATION WAS CREATED WITH THE
 ASSISTANCE OF DIGITIZATION".
   (2) FOR COMMUNICATION THAT IS AUDITORY, SUCH  AS  RADIO  OR  AUTOMATED
 TELEPHONE  CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
 AUDIO IN THE SAME LANGUAGE  USED  IN  THE  COMMUNICATION  SATISFIES  THE
 REQUIREMENTS OF CLAUSE ONE OF THIS SUBPARAGRAPH.
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   (III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
   (1) DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
   (2) DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF NEWS REPORTING; OR
   (3)  INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
 LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE.
   (C)(I) A REGISTERED VOTER  MAY  SEEK  INJUNCTIVE  OR  OTHER  EQUITABLE
 RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION, OR BROADCASTING OF ANY
 DECEPTIVE  MEDIA  IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER THIS
 PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR ORDER TO  SHOW
 CAUSE IN THE SUPREME COURT WHERE THE VOTER RESIDES.
   (II) A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN DECEPTIVE MEDIA IN
 VIOLATION  OF THIS SUBDIVISION MAY SEEK INJUNCTIVE RELIEF OR OTHER EQUI-
 TABLE RELIEF PROHIBITING THE DISTRIBUTION, PUBLICATION  OR  BROADCASTING
 OF ANY DECEPTIVE MEDIA IN VIOLATION OF THIS SUBDIVISION. AN ACTION UNDER
 THIS  PARAGRAPH SHALL BE INITIATED BY FILING AN APPLICATION FOR AN ORDER
 TO SHOW CAUSE IN THE SUPREME COURT WHERE THE DECEPTIVE  MEDIA  AT  ISSUE
 COULD DECEIVE AND INFLUENCE ELECTORS IN AN UPCOMING ELECTION.
   (III)  THIS  PARAGRAPH  SHALL  NOT BE CONSTRUED TO LIMIT OR PRECLUDE A
 PLAINTIFF FROM PURSUING OR RECOVERING ANY OTHER AVAILABLE REMEDY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  subpart  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,  subdivi-
 sion,  section, subpart or part thereof directly involved in the contro-
 versy in which such judgment shall have  been  rendered.  It  is  hereby
 declared  to  be  the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here-
 in.
   § 4. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART NN
 
   Section 1. Section 2328 of the insurance law, as  amended  by  chapter
 182 of the laws of 2023, is amended to read as follows:
   §  2328.  Certain  motor vehicle insurance rates; prior approval. [For
 the periods February first, nineteen hundred seventy-four through August
 second,  two   thousand   one,   and   the   effective   date   of   the
 property/casualty insurance availability act through June thirtieth, two
 thousand twenty-six, no] NO changes in rates, rating plans, rating rules
 and  rate  manuals  applicable  to  motor  vehicle  insurance, including
 no-fault coverages under article fifty-one of  this  chapter,  shall  be
 made effective until approved by the superintendent, notwithstanding any
 inconsistent provisions of this article[; provided, however, that chang-
 es  in  such  rates,  rating plans, rating rules and rate manuals may be
 made effective without such approval if the rates that result from  such
 changes  are  no  higher  than  the insurer's rates last approved by the
 superintendent]. This section shall  apply  only  to  policies  covering
 losses  or  liabilities arising out of ownership of a motor vehicle used
 principally for the transportation of persons for hire, including a  bus
 or  a school bus as defined in sections one hundred four and one hundred
 forty-two of the vehicle and traffic law.
 S. 8308--A                         141                        A. 8808--A
 
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the applicable effective date of Parts A through NN 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
 ________________________________________________________________________
 
                                  8808--B
 
                           I N  A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
   the Constitution -- read once and referred to the  Committee  on  Ways
   and  Means -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee

 AN ACT to amend part PP of chapter 54 of the laws of 2016  amending  the
   public  authorities  law and the general municipal law relating to the
   New York transit authority and the metropolitan transportation author-
   ity, in relation to extending provisions of law  relating  to  certain
   tax  increment  financing  provisions  (Part A); intentionally omitted
   (Part B); intentionally omitted (Part C); intentionally omitted  (Part
   D);  to  amend  part I of chapter 413 of the laws of 1999, relating to
   providing for mass transportation payments, in relation to the  amount
   of    payments  in  the  Capital  District Transportation District and
   adding Warren County to such District (Part E); 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 F); to amend part U1 of 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 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, in relation to the effectiveness thereof
   (Part  G); intentionally omitted (Part H); intentionally omitted (Part
   I); to amend part FF of chapter 55 of the laws  of  2017  relating  to
   motor   vehicles  equipped  with  autonomous  vehicle  technology,  in
   relation to the effectiveness thereof (Part J); intentionally  omitted
   (Part  K); to amend the executive law, the criminal procedure law, the
   retirement and social security law and the tax  law,  in  relation  to
   creating  the Waterfront Commission Act;  and to repeal chapter 882 of
   the laws of 1953 relating to waterfront  employment  and  air  freight
   industry  regulation  (Part L); to amend part DDD of chapter 55 of the
   laws of 2021 amending  the   public authorities law  relating  to  the
   clean energy resources development and incentives program, in relation
   to the effectiveness thereof; and to amend the public authorities law,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12673-04-4
 A. 8808--B                          2
 
   in  relation  to  siting of build ready-sites (Part M); in relation to
   authorizing the New York state energy research and development author-
   ity to finance a portion  of  its  research,  development  and  demon-
   stration, policy and planning, and Fuel NY program, as well as climate
   change  related  expenses of the department of environmental conserva-
   tion from an assessment on gas and  electric  corporations,  requiring
   the  New  York  state  energy  research and development   authority to
   develop recommendations regarding  the  establishment  of  microgrids,
   directing the New York state energy research and development authority
   to  prepare  a   report regarding the replacement of decommissioned or
   dormant electric  generating sites with renewable  energy  development
   and  energy  storage  opportunities,  and directing the New York state
   energy research and development authority to  conduct  a  highway  and
   depot  charging needs evaluation (Part N); to amend the public service
   law, the eminent domain procedure law, the energy  law,  the  environ-
   mental conservation law and the public authorities law, in relation to
   transferring the functions of the office of renewable energy siting to
   the  department  of  public  service and relating to the permitting of
   electric utility transmission facilities; to amend part JJJ of chapter
   58 of the laws of 2020 amending the public service law, the  executive
   law,  the public authorities law, the environmental  conservation  law
   and the state finance law  relating  to  accelerating  the  growth  of
   renewable  energy  facilities to   meet  critical state  energy policy
   goals, in relation to annual reports on findings to enable  the  state
   to  meet the CLCPA targets in an orderly and cost-effective manner; to
   amend  the  labor   law and the public service  law,  in  relation  to
   labor  contracts  for  renewable    energy   systems and other covered
   projects; to repeal certain provisions of the executive  law  relating
   to  the  major renewable energy development program; to repeal certain
   provisions of the public service law relating to siting of major steam
   electric generating  facilities;  and  providing  for  the  repeal  of
   certain provisions upon the expiration thereof (Part O); intentionally
   omitted  (Part  P);  to authorize utility and cable television assess-
   ments that provide funds to the department of health from cable  tele-
   vision  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 expiration thereof  (Part  Q);  intentionally  omitted
   (Part  R); to amend the environmental conservation law, in relation to
   authorizing state assistance payments toward climate  smart  community
   projects  of up to eighty percent to municipalities that meet criteria
   relating to financial hardship or disadvantaged communities (Part  S);
   to amend the environmental conservation law, in relation to air quali-
   ty control program fees; and to repeal certain provisions of the envi-
   ronmental  conservation law and the state finance law relating thereto
   (Part T); intentionally omitted (Part U); 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 establishment of subsidiaries for certain purposes, in
   relation  to the effectiveness thereof (Part V); intentionally omitted
   (Part W); to amend  the  economic  development  law,  in  relation  to
   increasing  the  cap  on grants to entrepreneurship assistance centers
   (Part X); to amend chapter 261 of the laws of 1988, amending the state
   finance law and other laws relating to the New York state  infrastruc-
   ture  trust fund, in relation to the  effectiveness  thereof (Part Y);
 A. 8808--B                          3
 
   to amend the  New  York  state  urban  development  corporation   act,
   in  relation  to  extending  the authority of the New York state urban
   development corporation to administer the empire state economic devel-
   opment fund (Part Z); to amend chapter 393 of the laws of 1994, amend-
   ing  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 AA); to amend  chap-
   ter 495 of the laws of 2004, amending the insurance law and the public
   health  law  relating to the New York state health insurance continua-
   tion assistance demonstration project, in relation to  the  effective-
   ness thereof (Part BB); intentionally omitted (Part CC); intentionally
   omitted  (Part  DD); to amend the  insurance law, in  relation to cost
   sharing for covered  prescription  insulin  drugs  (Part  EE);  inten-
   tionally  omitted  (Part  FF); intentionally omitted (Part GG); inten-
   tionally omitted (Part HH); intentionally omitted  (Part  II);  inten-
   tionally  omitted  (Part  JJ); to amend chapter 56 of the laws of 2022
   amending the public officers law relating to permitting   videoconfer-
   encing  and  remote  participation  in  public  meetings under certain
   circumstances, in relation to extending the provisions  thereof  (Part
   KK); intentionally omitted (Part LL); intentionally omitted (Part MM);
   to   amend  the insurance  law, in relation to rates for livery insur-
   ance (Part NN); to direct the metropolitan transportation authority to
   establish and implement a fare-free bus pilot program in the  city  of
   New  York  (Part  OO);  to  amend the economic development law and the
   labor law, in relation to economic and workforce development reporting
   (Part PP); and to amend the public service law, in relation to  estab-
   lishing  an  energy  affordability  program  to reduce the residential
   household energy burden of eligible low-income  residential  customers
   (Part QQ)

   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  2024-2025  state  fiscal
 year.    Each  component is wholly contained within a Part identified as
 Parts A through QQ. 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.  Section  3  of  part PP of chapter 54 of the laws of 2016
 amending the public authorities law and the general municipal law relat-
 ing to the New York transit authority and the  metropolitan  transporta-
 tion  authority,  as amended by section 1 of part C of chapter 58 of the
 laws of 2023, 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
 A. 8808--B                          4
 
 made by section two of this act shall  expire  and  be  deemed  repealed
 April  1,  [2024]  2025, 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 B
 
                           Intentionally Omitted
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
                           Intentionally Omitted
 
                                  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  E of chapter 58 of the laws of 2022, 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
 A. 8808--B                          5
 
   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 .......................        [55.27]  54.05
 Rensselaer ...................        [22.96]  22.45
 Saratoga .....................         [4.04]  3.95
 Schenectady ..................        [16.26]  15.90
 Montgomery ...................         [1.47]  1.44
 WARREN .......................          2.21
 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
 A. 8808--B                          6
 
 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
 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,
 A. 8808--B                          7
 
 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.
   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, 2024.
 
                                  PART F
 
   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  1  of part O of chapter 58 of the laws of 2022, 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, [2024] 2026; 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 G
 A. 8808--B                          8
 
   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 P of chapter 58 of the laws of 2022, 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,
 [2024] 2026; 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, [2024] 2026.
   § 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 P of chapter 58 of the laws of
 2022, 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, [2024] 2026.
   § 3. This act shall take effect immediately.
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 
   Section  1.  Section  3  of part FF of chapter 55 of the laws of 2017,
 relating to motor vehicles equipped with autonomous vehicle  technology,
 as  amended by section 1 of part J of chapter 58 of the laws of 2023, is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section one of this act shall expire and be  deemed  repealed  April  1,
 [2024] 2026.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.

                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
   Section 1.  Chapter 882 of the laws of  1953  relating  to  waterfront
 employment and air freight industry regulation is REPEALED.
   § 2. The executive law is amended by adding a new article 19-I to read
 as follows:
 A. 8808--B                          9
 
                                ARTICLE 19-I
                         WATERFRONT COMMISSION ACT
 SECTION 534. SHORT TITLE.
         534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
         534-B. DEFINITIONS.
         534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
         534-D. GENERAL POWERS OF THE COMMISSION.
         534-E. DESIGNATION AS AGENT OF THE STATE.
         534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
         534-G. STEVEDORES.
         534-H. PROHIBITION OF PUBLIC LOADING.
         534-I. LONGSHORE WORKERS' REGISTER.
         534-J.  LIST  OF  QUALIFIED  LONGSHORE WORKERS FOR EMPLOYMENT AS
                    CHECKERS.
         534-K. REGULARIZATION OF LONGSHORE WORKERS' EMPLOYMENT.
         534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
                    THE LONGSHORE WORKERS' REGISTER; EXCEPTIONS.
         534-M. PORT WATCHERS.
         534-N. HEARINGS, DETERMINATIONS AND REVIEW.
         534-O. EMPLOYMENT INFORMATION CENTERS.
         534-P. IMPLEMENTATION OF TELECOMMUNICATIONS  HIRING  SYSTEM  FOR
                    LONGSHORE WORKERS AND CHECKERS; REGISTRATION OF TELE-
                    COMMUNICATIONS SYSTEM CONTROLLER.
         534-Q. CONSTRUCTION OF ACT.
         534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
                    HOLDING  OF  UNION  POSITION  BY  OFFICERS, AGENTS OR
                    EMPLOYEES WHO HAVE BEEN CONVICTED OF  CERTAIN  CRIMES
                    AND OFFENSES.
         534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
         534-T. DENIAL OF APPLICATIONS.
         534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
         534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
         534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
         534-X. PAYMENT OF ASSESSMENT.
         534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
   § 534. SHORT  TITLE.  THIS  ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "WATERFRONT COMMISSION ACT".
   § 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE  STATE  OF  NEW
 YORK HEREBY FINDS AND DECLARES THAT:
   (A)  IN 1953, THE CONDITIONS UNDER WHICH WATERFRONT LABOR WAS EMPLOYED
 WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING  AND  DEGRADING  TO
 SUCH  LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
 THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY  OF  EMPLOYMENT,
 CORRUPT  HIRING  PRACTICES  AND  THE  FACT  THAT PERSONS CONDUCTING SUCH
 HIRING WERE FREQUENTLY CRIMINALS  AND  PERSONS  NOTORIOUSLY  LACKING  IN
 MORAL  CHARACTER  AND INTEGRITY AND NEITHER RESPONSIVE OR RESPONSIBLE TO
 THE EMPLOYERS NOR TO THE UNCOERCED WILL OF THE MAJORITY OF  THE  MEMBERS
 OF THE LABOR ORGANIZATIONS OF THE EMPLOYEES; THAT AS A RESULT WATERFRONT
 LABORERS  SUFFERED FROM IRREGULARITY OF EMPLOYMENT, FEAR AND INSECURITY,
 INADEQUATE EARNINGS, AN UNDULY HIGH ACCIDENT RATE, SUBJECTION TO BORROW-
 ING AT USURIOUS RATES OF INTEREST, EXPLOITATION  AND  EXTORTION  AS  THE
 PRICE OF SECURING EMPLOYMENT AND A LOSS OF RESPECT FOR THE LAW; THAT NOT
 ONLY  DID  THERE  RESULT  A  DESTRUCTION  OF THE DIGNITY OF AN IMPORTANT
 SEGMENT OF AMERICAN LABOR, BUT A DIRECT  ENCOURAGEMENT  OF  CRIME  WHICH
 IMPOSED A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL AND OTHER NECES-
 SARIES HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT.
 A. 8808--B                         10
 
   (B)  MANY  OF  THESE  EVILS  RESULTED  NOT  ONLY FROM THE CAUSES ABOVE
 DESCRIBED BUT FROM THE PRACTICES OF PUBLIC LOADERS AT  PIERS  AND  OTHER
 WATERFRONT  TERMINALS.  SUCH  PUBLIC  LOADERS  SERVED  NO VALID ECONOMIC
 PURPOSE AND OPERATED AS PARASITES EXACTING A HIGH AND  UNWARRANTED  TOLL
 ON  THE  FLOW  OF COMMERCE IN AND THROUGH THE PORT OF NEW YORK DISTRICT,
 AND USED FORCE AND ENGAGED  IN  DISCRIMINATORY  AND  COERCIVE  PRACTICES
 INCLUDING  EXTORTION  AGAINST  PERSONS  NOT DESIRING TO EMPLOY THEM. THE
 STATES OF NEW YORK AND NEW JERSEY FOUND THAT THE FUNCTION OF LOADING AND
 UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND  OTHER  WATERFRONT
 TERMINALS  SHOULD  BE  PERFORMED, AS IN EVERY OTHER MAJOR AMERICAN PORT,
 WITHOUT THE EVILS AND ABUSES OF THE PUBLIC LOADER  SYSTEM,  AND  BY  THE
 CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
 OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
 VEHICLES.
   (C)  MANY  OF THE ABOVE DESCRIBED EVILS ALSO RESULTED FROM THE LACK OF
 REGULATION OF THE OCCUPATION OF STEVEDORES, WHO ENGAGED IN CORRUPT PRAC-
 TICES TO INDUCE THEIR HIRE BY CARRIERS OF FREIGHT BY WATER AND TO INDUCE
 OFFICERS AND REPRESENTATIVES OF  LABOR  ORGANIZATIONS  TO  BETRAY  THEIR
 TRUST TO THE MEMBERS OF SUCH LABOR ORGANIZATIONS.
   (D)  THE  METHOD OF EMPLOYMENT OF LONGSHORE WORKERS AND PORT WATCHERS,
 COMMONLY KNOWN AS THE "SHAPE-UP",  RESULTED  IN  VICIOUS  AND  NOTORIOUS
 ABUSES,  OF  WHICH  SUCH EMPLOYEES WERE THE PRINCIPAL VICTIMS. THERE WAS
 COMPELLING EVIDENCE THAT THE SHAPE-UP PERMITTED AND ENCOURAGED EXTORTION
 FROM EMPLOYEES AS THE PRICE OF  SECURING  OR  RETAINING  EMPLOYMENT  AND
 SUBJECTED  SUCH  EMPLOYEES  TO THREATS OF VIOLENCE, UNWILLING JOINDER IN
 UNAUTHORIZED LABOR DISTURBANCES AND CRIMINAL ACTIVITIES  ON  THE  WATER-
 FRONT.  THE SHAPE-UP RESULTED IN A LOSS OF FUNDAMENTAL RIGHTS AND LIBER-
 TIES OF LABOR, IMPAIRED THE ECONOMIC STABILITY OF THE PORT OF  NEW  YORK
 DISTRICT  AND  WEAKENED  LAW ENFORCEMENT THEREIN. THE STATES OF NEW YORK
 AND NEW JERSEY FOUND THAT THESE PRACTICES AND CONDITIONS MUST BE  ELIMI-
 NATED  TO PREVENT GRAVE INJURY TO THE WELFARE OF WATERFRONT LABORERS AND
 OF THE PEOPLE AT LARGE AND THAT THE ELIMINATION OF THE SHAPE-UP AND  THE
 ESTABLISHMENT  OF A SYSTEM OF EMPLOYMENT INFORMATION CENTERS WERE NECES-
 SARY TO A SOLUTION FOR THESE PUBLIC PROBLEMS.
   (E) THE TWO STATES FOUND THAT THE OCCUPATIONS  OF  LONGSHORE  WORKERS,
 STEVEDORES,  PIER  SUPERINTENDENTS, HIRING AGENTS AND PORT WATCHERS WERE
 AFFECTED WITH A PUBLIC INTEREST REQUIRING THEIR REGULATION AND THAT SUCH
 REGULATION WAS DEEMED AN EXERCISE OF THE POLICE POWER OF THE TWO  STATES
 FOR  THE  PROTECTION  OF THE PUBLIC SAFETY, WELFARE, PROSPERITY, HEALTH,
 PEACE AND LIVING CONDITIONS OF THE PEOPLE OF THE TWO STATES. THE  WATER-
 FRONT  COMMISSION  OF NEW YORK HARBOR ("BI-STATE COMMISSION") WAS FORMED
 THROUGH A CONGRESSIONALLY APPROVED COMPACT TO INVESTIGATE, DETER, COMBAT
 AND REMEDY CRIMINAL ACTIVITY AND INFLUENCE IN THE  PORT  AND  TO  ENSURE
 FAIR  HIRING  AND EMPLOYMENT PRACTICES SO THAT THE PORT AND REGION COULD
 GROW AND PROSPER.
   (F) THE BI-STATE COMMISSION WORKED TO BREAK THE CYCLE OF CORRUPTION AT
 THE PORT, AND EFFECTUATED TRANSFORMATIVE CHANGES ON THE WATERFRONT.  ITS
 EFFORTS  LED TO THE CONVICTION OF ORGANIZED-CRIME MEMBERS AND ASSOCIATES
 FOR MURDER, EXTORTION, DRUG TRAFFICKING,  THEFT,  RACKETEERING,  ILLEGAL
 GAMBLING,  AND  LOANSHARKING,  AMONG  OTHER CRIMES. IN RECENT YEARS, ITS
 INVESTIGATIONS LED TO PROSECUTIONS OF UNION OFFICIALS AND MEMBERS OF THE
 TRADITIONAL ORGANIZED CRIME FAMILIES WHICH HAVE BEEN FOUND TO CONTROL OR
 EXERT SIGNIFICANT INFLUENCE OVER THE UNION OF DOCKWORKERS AND COMMERCIAL
 ACTIVITY ON THE WATERFRONT.  THE  BI-STATE  COMMISSION'S  INVESTIGATIONS
 ALSO LED TO THE EXCLUSION OR REMOVAL FROM THE PORT WORKFORCE OF INDIVID-
 UALS WHO WERE CONVICTED OF SERIOUS CRIMES OR WERE ASSOCIATED WITH ORGAN-
 A. 8808--B                         11
 
 IZED CRIME. IT WORKED TO OVERCOME DISCRIMINATION AND OTHER UNFAIR HIRING
 PRACTICES  AND CONTINUED TO EXTIRPATE CORRUPTION AND RACKETEERING IN THE
 PORT OF NEW  YORK  DISTRICT  UNTIL  NEW  JERSEY'S  WITHDRAWAL  FROM  THE
 BI-STATE  COMPACT  PURSUANT  TO  CHAPTER  324 OF THE LAWS OF 2017 OF THE
 STATE OF NEW JERSEY.
   (G) ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST  TRADITIONAL  ORGANIZED
 CRIME  INFLUENCE  HAVE BEEN SUCCESSFUL, SUCH INFLUENCE REMAINS A SIGNIF-
 ICANT THREAT IN THE NEW YORK  METROPOLITAN  AREA,  PARTICULARLY  IN  THE
 PORT. CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE FAIR AND NONDISCRIMINA-
 TORY  HIRING PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMI-
 ZATION OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND  TO  PREVENT
 ORGANIZED  CRIME  FIGURES FROM DIRECTLY OPERATING AT THE CRITICAL POINTS
 OF INTERSTATE AND INTERNATIONAL SHIPPING.
   § 534-B. DEFINITIONS.  THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:
   1.  "ACT"  SHALL  MEAN  THIS ARTICLE AND RULES OR REGULATIONS LAWFULLY
 PROMULGATED THEREUNDER AND SHALL INCLUDE ANY AMENDMENTS  OR  SUPPLEMENTS
 TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
   2.  "BI-STATE  COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION OF NEW
 YORK HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L.  1953,
 C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
 TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
   3.  "CARRIER  OF  FREIGHT  BY  WATER" SHALL MEAN ANY PERSON WHO MAY BE
 ENGAGED OR WHO MAY HOLD ONESELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
 A COMMON CARRIER,  AS  A  CONTRACT  CARRIER  OR  OTHERWISE  (EXCEPT  FOR
 CARRIAGE  OF  LIQUID  CARGOES  IN  BULK IN TANK VESSELS DESIGNED FOR USE
 EXCLUSIVELY IN SUCH  SERVICE  OR  CARRIAGE  BY  BARGE  OF  BULK  CARGOES
 CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
 OR  CONTAINERS  AND DELIVERED BY THE CARRIER WITHOUT TRANSPORTATION MARK
 OR COUNT) IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT  IN  THE
 PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
   4.  "CONTAINER"  SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR CRATE WHICH
 IS SPECIFICALLY DESIGNED AND CONSTRUCTED SO THAT IT  MAY  BE  REPEATEDLY
 USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
   5.  "CHECKER"  SHALL MEAN A LONGSHORE WORKER WHO IS EMPLOYED TO ENGAGE
 IN DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE  CUSTO-
 DIAL  ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF THE HOURS
 WORKED AT  PIERS  OR  OTHER  WATERFRONT  TERMINALS  BY NATURAL   PERSONS
 EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
   6.  "COMMISSION"  SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
 LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
   7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED  IN
 AN  OCCUPATIONAL  MANNER  OR  CONTEXT  FOR  THE PURPOSE OF ECONOMIC GAIN
 UTILIZING SUCH METHODS AS ARE DEEMED  CRIMINAL  VIOLATIONS  AGAINST  THE
 PUBLIC POLICY OF THE STATE OF NEW YORK.
   8.  "CAREER  OFFENDER  CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
 ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED  TO  AS  AN
 ORGANIZED CRIME GROUP.
   9.  "COURT  OF  THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
 SECTION FOUR HUNDRED FIFTY-ONE  OF  TITLE  TWENTY-EIGHT  OF  THE  UNITED
 STATES  CODE  AND  THE  COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
 STATES.
   10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL  BE,  CARRIED
 BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
 A. 8808--B                         12

   11.  "HIRING  AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
 CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR  ANY  OTHER  PERSON  SHALL
 SELECT ANY LONGSHORE WORKER FOR EMPLOYMENT.
   12.  "LONGSHORE WORKER" SHALL MEAN: (A) A NATURAL PERSON, OTHER THAN A
 HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A  PIER  OR  OTHER  WATERFRONT
 TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
   (1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
 PIERS OR AT OTHER WATERFRONT TERMINALS; OR
   (2)  ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
 THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR  TABULATION  OF
 THE  HOURS  WORKED  AT  PIERS  OR  OTHER WATERFRONT TERMINALS BY NATURAL
 PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
   (3) SUPERVISE DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED  AS  IN
 SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
   (4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
 WATERBORNE  FREIGHT  ON  VESSELS  BERTHED AT PIERS, ON PIERS OR AT OTHER
 WATERFRONT TERMINALS, INCLUDING, BUT NOT LIMITED TO, CARGO REPAIR  WORK-
 ERS,  COOPERS, GENERAL MAINTENANCE WORKERS, MECHANICAL AND MISCELLANEOUS
 WORKERS, HORSE AND CATTLE FITTERS, GRAIN CEILERS AND MARINE  CARPENTERS;
 OR
   (B)  A  NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
 WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
   (1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER  OR
 RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
 WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
 OTHER WATERFRONT TERMINAL; OR
   (2)  PERFORM  LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
 MENT OF FREIGHT AT A  WATERFRONT  TERMINAL  AS  DEFINED  IN  SUBDIVISION
 FIFTEEN OF THIS SECTION.
   13.  "LONGSHORE WORKERS' REGISTER" SHALL MEAN THE REGISTER OF ELIGIBLE
 LONGSHORE WORKERS COMPILED AND MAINTAINED BY THE COMMISSION PURSUANT  TO
 SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
   14.  "MARINE  TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
 IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING  OR  PACKING
 OF  WATERBORNE  FREIGHT  OR  FREIGHT  TO  OR FROM SUCH PIERS, AND WHICH,
 INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
   15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
   (A) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A  PIER)  WHICH
 IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
 OR SUBSTANTIAL PART; OR
   (B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
 ER  ENCLOSED  OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN THE PORT
 OF NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY  ANY
 PERSON  TO  PERFORM  LABOR  OR SERVICES INVOLVING, OR INCIDENTAL TO, THE
 MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
   16. "PERSON" SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO  ANY  PART-
 NERSHIP,  JOINT  VENTURE,  ASSOCIATION,  CORPORATION  OR ANY OTHER LEGAL
 ENTITY BUT SHALL NOT INCLUDE THE UNITED STATES, ANY STATE  OR  TERRITORY
 THEREOF  OR  ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF
 ONE OR MORE OF THE FOREGOING.
   17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
   18. "PIER SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER  THAN  A
 LONGSHORE  WORKER WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER WATERFRONT
 TERMINAL BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE  WORK
 A. 8808--B                         13
 
 AT  SUCH  PIER  OR  OTHER  WATERFRONT TERMINAL INCLUDES THE SUPERVISION,
 DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHORE WORKERS.
   19.  "PORT  OF  NEW  YORK DISTRICT" SHALL MEAN THE DISTRICT CREATED BY
 ARTICLE II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED  TWEN-
 TY-ONE,  BETWEEN  THE  STATES  OF NEW YORK AND NEW JERSEY, AUTHORIZED BY
 CHAPTER ONE HUNDRED FIFTY-FOUR OF THE  LAWS  OF  NEW  YORK  OF  NINETEEN
 HUNDRED  TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF NEW
 JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
   20. "PORT WATCHERS" SHALL INCLUDE ANY  WATCHER,  GATE  PERSON,  ROUNDS
 PERSON,  DETECTIVE, GUARD, GUARDIAN OR PROTECTOR OF PROPERTY EMPLOYED BY
 THE OPERATOR OF ANY PIER OR OTHER WATERFRONT TERMINAL OR BY A CARRIER OF
 FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY  ON  ANY  PIER  OR
 OTHER WATERFRONT TERMINAL.
   21. THE TERM "SELECT ANY LONGSHORE WORKER FOR EMPLOYMENT" IN THE DEFI-
 NITION  OF  A HIRING AGENT IN THIS  SECTION SHALL INCLUDE SELECTION OF A
 PERSON FOR THE COMMENCEMENT OR CONTINUATION OF EMPLOYMENT AS A LONGSHORE
 WORKER, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHORE  WORK-
 ER.
   22. "STEVEDORE" SHALL MEAN:
   (A)  A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
 PURSUANT TO A CONTRACT OR ARRANGEMENT  WITH  A  CARRIER  OF  FREIGHT  BY
 WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
 SUCH  CARRIER  ON  VESSELS OF SUCH CARRIER BERTHED AT PIERS, ON PIERS AT
 WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
   (B) A CONTRACTOR ENGAGED FOR COMPENSATION PURSUANT TO  A  CONTRACT  OR
 ARRANGEMENT  WITH  THE UNITED STATES, ANY STATE OR TERRITORY THEREOF, OR
 ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR  MORE
 OF  THE  FOREGOING,  IN MOVING FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE
 BETWEEN ANY POINT IN THE PORT OF NEW YORK DISTRICT AND A  POINT  OUTSIDE
 SAID  DISTRICT  ON  VESSELS OF SUCH A PUBLIC AGENCY BERTHED AT PIERS, ON
 PIERS AT WHICH SUCH VESSELS ARE BERTHED OR AT  OTHER  WATERFRONT  TERMI-
 NALS; OR
   (C)  A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
 PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO  PERFORM  LABOR
 OR  SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON VESSELS
 BERTHED AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS,  INCLUDING,
 BUT  NOT  LIMITED TO, CARGO STORAGE, CARGO REPAIRING, COOPERING, GENERAL
 MAINTENANCE,  MECHANICAL  AND  MISCELLANEOUS  WORK,  HORSE  AND   CATTLE
 FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
   (D)  A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
 PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON  TO  PERFORM
 LABOR  OR  SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT OF FREIGHT
 INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
 CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
 OTHER WATERFRONT TERMINALS.
   23. "TERRORIST GROUP" SHALL MEAN A  GROUP  ASSOCIATED,  AFFILIATED  OR
 FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
 SECRETARY  OF  STATE  IN ACCORDANCE WITH SECTION TWO HUNDRED NINETEEN OF
 THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED FROM TIME  TO  TIME,  OR
 ANY  OTHER  ORGANIZATION  WHICH  ASSISTS,  FUNDS  OR  ENGAGES IN ACTS OF
 TERRORISM AS DEFINED IN THE LAWS OF THE UNITED STATES, OR OF  THE  STATE
 OF  NEW  YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE OF SECTION
 490.05 OF THE PENAL LAW.
   24. "WATERBORNE FREIGHT" SHALL MEAN FREIGHT CARRIED  BY  OR  CONSIGNED
 FOR  CARRIAGE  BY  CARRIERS  OF FREIGHT BY WATER, AND SHALL ALSO INCLUDE
 FREIGHT DESCRIBED IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND  (D)  OF
 A. 8808--B                         14
 
 SUBDIVISION  TWENTY-TWO  OF THIS SECTION, AND SHIPS' STORES, BAGGAGE AND
 MAIL CARRIED BY OR CONSIGNED FOR CARRIAGE  BY  CARRIERS  OF  FREIGHT  BY
 WATER.
   25.  "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN ANY
 INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
 PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR  OF  THIS
 ARTICLE.
   § 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
 BY  CREATED  THE  NEW  YORK WATERFRONT COMMISSION, WHICH SHALL BE IN THE
 EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
 FACILITIES, RESOURCES AND  DATA  OF  ANY  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
 TICAL  SUBDIVISION  THEREOF  AS  IT  MAY REASONABLY REQUEST TO CARRY OUT
 PROPERLY ITS POWERS AND DUTIES.
   2. THE  COMMISSION  SHALL  CONSIST  OF  FIVE  COMMISSIONERS  THAT  ARE
 APPOINTED  AS FOLLOWS: THREE APPOINTED BY THE GOVERNOR, ONE APPOINTED BY
 THE SPEAKER OF THE ASSEMBLY, AND ONE APPOINTED BY THE  TEMPORARY  PRESI-
 DENT OF THE SENATE. THE COMMISSIONERS SHALL CHOOSE FROM THEIR OWN NUMBER
 A  CHAIR. THE COMMISSIONERS SHALL SELECT A CHIEF EXECUTIVE OFFICER WHOSE
 APPOINTMENT SHALL BE SUBJECT TO CONFIRMATION BY THE SENATE.  SUCH  CHIEF
 EXECUTIVE OFFICER SHALL RECEIVE COMPENSATION TO BE FIXED BY THE GOVERNOR
 OF  THIS  STATE.  EACH COMMISSIONER SHALL  NOT RECEIVE A SALARY OR OTHER
 COMPENSATION.   EACH  COMMISSIONER  SHALL  RECEIVE  SUCH  COMMISSIONER'S
 REASONABLE  EXPENSES  IN THE PERFORMANCE OF  THE DUTIES PRESCRIBED HERE-
 UNDER.
   3. ONE OF THE GOVERNOR'S APPOINTEES SHALL SERVE AN INITIAL TERM OF ONE
 YEAR; ONE OF THE GOVERNOR'S APPOINTEES SHALL SERVE AN  INITIAL  TERM  OF
 TWO  YEARS;  AND ONE OF THE GOVERNOR'S APPOINTEES SHALL SERVE AN INITIAL
 TERM OF THREE YEARS. THE APPOINTEES OF THE TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND THE SPEAKER OF THE ASSEMBLY SHALL SERVE INITIAL TERMS OF TWO
 YEARS.  THEREAFTER, ALL TERMS SHALL BE FOR THREE YEARS; PROVIDED, HOWEV-
 ER, THAT A COMMISSIONER SERVING ON THE BI-STATE COMMISSION AT  THE  TIME
 OF  ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE
 WHO WAS APPOINTED BY THE GOVERNOR OF NEW  YORK  TO  SUCH  POSITION,  MAY
 SERVE  AS  ONE  OF THE GOVERNOR'S THREE APPOINTEES.  VACANCIES IN OFFICE
 SHALL BE FILLED FOR THE BALANCE OF THE UNEXPIRED TERM IN THE SAME MANNER
 AS ORIGINAL APPOINTMENTS.
   4. ALL COMMISSIONERS APPOINTED UNDER THIS SECTION SHALL HAVE  RELEVANT
 EXPERIENCE  IN  ONE  OR  MORE  OF THE FOLLOWING AREAS: EMPLOYMENT, LABOR
 RELATIONS, PUBLIC ADMINISTRATION, PUBLIC SAFETY, PUBLIC PROTECTION OR IN
 SOME OTHER AREA OF ACTIVITY CENTRAL TO THE MISSION OF THE COMMISSION.
   § 534-D. GENERAL POWERS OF THE COMMISSION. IN ADDITION TO  THE  POWERS
 AND  DUTIES  ELSEWHERE  PRESCRIBED HEREIN, THE COMMISSION SHALL HAVE THE
 FOLLOWING DUTIES AND POWERS:
   1. TO SUE AND BE SUED.
   2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
   3. TO ACQUIRE, HOLD AND DISPOSE OF REAL AND PERSONAL PROPERTY BY GIFT,
 PURCHASE, LEASE, LICENSE OR OTHER  SIMILAR  MANNER,  FOR  ITS  CORPORATE
 PURPOSES.
   4.  TO  DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
 NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT  AND  MAINTENANCE  OF  THE
 EMPLOYMENT  INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
 FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES  FOR  THE  COMMIS-
 SION.
   5. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
 A. 8808--B                         15
 
   6. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
 SION  MAY  DEEM  NECESSARY  TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
 PREVENT THE CIRCUMVENTION OR EVASION  THEREOF.  AS  USED  IN  THIS  ACT,
 "REGULATIONS"  INCLUDE  THOSE  RULES  AND  REGULATIONS  OF  THE BI-STATE
 COMMISSION  WHICH  SHALL CONTINUE IN EFFECT AS THE RULES AND REGULATIONS
 OF THE COMMISSION UNTIL  AMENDED,  SUPPLEMENTED,  OR  RESCINDED  BY  THE
 COMMISSION  PURSUANT  TO THE STATE ADMINISTRATIVE PROCEDURE ACT.  PREVI-
 OUSLY PROMULGATED REGULATIONS INCONSISTENT WITH THE PROVISIONS  OF  THIS
 ACT SHALL BE DEEMED VOID.
   7.  TO  APPOINT  SUCH  OFFICERS,  AGENTS  AND EMPLOYEES AS IT MAY DEEM
 NECESSARY, PRESCRIBE THEIR POWERS, DUTIES  AND  QUALIFICATIONS  AND  FIX
 THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
 ON A CONTRACT BASIS OR OTHERWISE.
   8.  BY  ITS COMMISSIONERS AND ITS PROPERLY DESIGNATED OFFICERS, AGENTS
 AND EMPLOYEES, TO ADMINISTER OATHS AND ISSUE  SUBPOENAS  TO  COMPEL  THE
 ATTENDANCE  OF  WITNESSES AND THE GIVING OF TESTIMONY AND THE PRODUCTION
 OF OTHER EVIDENCE.
   9. TO HAVE FOR ITS COMMISSIONERS AND ITS PROPERLY DESIGNATED OFFICERS,
 AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND  EGRESS  TO  AND
 FROM  ALL  VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
 IN THE PORT OF NEW YORK DISTRICT IN THIS  STATE,  FOR  THE  PURPOSES  OF
 MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
 SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
 CER,  EMPLOYEE  OR  AGENT  IN  THE  MAKING OF SUCH INSPECTION, OR IN THE
 ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE  OF  ANY
 OTHER POWER OR DUTY UNDER THIS ACT.
   10.  TO  RECOVER POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
 UNDER THIS ACT.
   11. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION CONCERNING
 WATERFRONT PRACTICES GENERALLY WITHIN THE PORT OF NEW YORK  DISTRICT  IN
 THIS  STATE  AND  UPON ALL MATTERS RELATING TO THE ACCOMPLISHMENT OF THE
 OBJECTIVES OF THIS ACT.
   12. TO ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR  AND  INDUSTRY
 AND  WITH  PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH THE EFFECTUATION
 OF THE PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE  COMMISSION  MAY
 DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
 REGULATIONS,  THE  ADMINISTRATION  OF THIS ACT, MAINTENANCE OF THE LONG-
 SHORE WORKERS' REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
   13. TO MAKE AN ANNUAL REPORT TO THE GOVERNOR, THE LEGISLATURE AND  THE
 COMPTROLLER  CONTAINING THE FOLLOWING:  RECOMMENDATIONS FOR THE IMPROVE-
 MENT OF THE CONDITIONS OF WATERFRONT LABOR WITHIN THE PORT OF  NEW  YORK
 DISTRICT IN THIS STATE, RECOMMENDATIONS FOR THE ALLEVIATION OF THE EVILS
 DESCRIBED  IN SECTION FIVE HUNDRED THIRTY-FOUR-A OF THIS ARTICLE, RECOM-
 MENDATIONS FOR THE EFFECTUATION OF THE PURPOSES OF THIS ACT, A  DETAILED
 SUMMARY  SETTING  FORTH  THE  COMMISSION'S  OPERATIONS AND FISCAL TRANS-
 ACTIONS DURING THE PRECEDING CALENDAR  YEAR  WITH  A  STATEMENT  OF  ITS
 FINANCIAL CONDITION AS OF THE END OF SUCH PRECEDING CALENDAR YEAR, AND A
 DETAILED  LIST  OF  ANY  CONTRACT  ENTERED  INTO BY THE COMMISSION WITH,
 INCLUDING BUT NOT LIMITED  TO,  COUNSEL  OR  PRIVATE  CONSULTANTS.  SUCH
 REPORT SHALL BE DUE TO THE GOVERNOR, THE LEGISLATURE AND THE COMPTROLLER
 ON  JANUARY  THIRTY-FIRST  OF THE YEAR IMMEDIATELY PROCEEDING THE END OF
 THE CALENDAR YEAR SUBJECT TO SUCH REPORT. THE COMMISSION SHALL POST SUCH
 REPORT ON ITS WEBSITE UPON THE SUBMISSION TO THE GOVERNOR, THE  LEGISLA-
 TURE AND THE COMPTROLLER.
   14.  TO  COOPERATE  WITH  AND  RECEIVE  FROM ANY DEPARTMENT, DIVISION,
 BUREAU, BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY  OR
 A. 8808--B                         16
 
 MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
 LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
 DEPARTMENT,  DIVISION,  BUREAU,  BOARD,  COMMISSION, OR AGENCY, WITH THE
 CONSENT  THEREOF,  TO  EXECUTE  SUCH OF ITS FUNCTIONS AND POWERS, AS THE
 PUBLIC INTEREST MAY REQUIRE.
   15. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY  EXERCISE  THE
 POWERS  AND  DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
 REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  OFFICERS,
 EMPLOYEES  AND  AGENTS  OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
 APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
   16. TO ISSUE TEMPORARY  PERMITS  AND  PERMIT  TEMPORARY  REGISTRATIONS
 UNDER  SUCH  TERMS  AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
 SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN  EXCESS
 OF SIX MONTHS.
   17.  TO  REQUIRE  ANY  APPLICANT  FOR A LICENSE OR REGISTRATION OR ANY
 PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS  THE  COMMIS-
 SION  MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
 OR REGISTRATION SHOULD BE GRANTED.
   18. IN ANY CASE IN WHICH THE COMMISSION HAS THE  POWER  TO  REVOKE  OR
 SUSPEND  ANY  STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
 TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
 WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION  IN  LIEU  OF  THE
 REVOCATION  OR  SUSPENSION.  THE  MAXIMUM PENALTY SHALL BE FIVE THOUSAND
 DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY,  FOR  GOOD  CAUSE
 SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
   19.  TO  DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
 BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
 POLICE OFFICER OF THE STATE OF NEW YORK.
   20. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
 SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
   21. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A  LONGSHORE  WORKER,
 ANY  APPLICANT FOR REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGIS-
 TRATION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO  IS
 SPONSORED  FOR  A  LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
 PERSON WHO IS AN INDIVIDUAL OWNER  OF  AN  APPLICANT  STEVEDORE  OR  ANY
 PERSONS  WHO  ARE  INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
 OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE  OF  ANY
 OF  THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
 LICENSE AS A PORT WATCHER OR ANY OTHER CATEGORY OF APPLICANT FOR  REGIS-
 TRATION  OR LICENSING WITHIN THE COMMISSION'S JURISDICTION TO BE FINGER-
 PRINTED BY THE COMMISSION AT THE COST AND EXPENSE OF THE APPLICANT.
   22. TO EXCHANGE FINGERPRINT  DATA  WITH  AND  RECEIVE  STATE  CRIMINAL
 HISTORY  RECORD  INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
 AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
 BY THIS ACT.
   23. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  TO
 REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
 FINGERPRINTED  AND  TO  EXCHANGE FINGERPRINT DATA WITH AND RECEIVE STATE
 CRIMINAL HISTORY  RECORD  INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  AND  FEDERAL  CRIMINAL  HISTORY  INFORMATION FROM THE
 FEDERAL BUREAU OF INVESTIGATION FOR USE IN THE HIRING  OR  RETENTION  OF
 SUCH PERSON.
   24. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
 JERSEY,  TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE PURPOSES
 OF THIS ACT, AND TO ENTER INTO RECIPROCAL AGREEMENTS FOR THE ACCOMPLISH-
 A. 8808--B                         17
 
 MENT OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING OBJEC-
 TIVES:
   (A)  TO GIVE RECIPROCAL EFFECT TO ANY REVOCATION, SUSPENSION OR REPRI-
 MAND WITH RESPECT TO ANY LICENSEE, AND ANY REPRIMAND OR REMOVAL  FROM  A
 LONGSHORE WORKERS' REGISTER;
   (B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
 EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
 LICENSEE  OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
 WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR  DISCIPLINARY
 ACTION IN BOTH STATES; AND
   (C)  TO PROVIDE THAT LONGSHORE WORKERS REGISTERED IN EITHER STATE, WHO
 PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT  INFORMATION  CENTER
 WITHIN  THE  OTHER  STATE,  SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
 HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
   § 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
 BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
 PROVIDED BY THE ACT OF CONGRESS OF THE  UNITED  STATES,  EFFECTIVE  JUNE
 SIXTH,  ONE  THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
 PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT  SYSTEM  AND  FOR
 CO-OPERATION  WITH  THE  STATES  IN THE PROMOTION OF SUCH SYSTEM AND FOR
 OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH  BENEFITS
 OF  SUCH  ACT  OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
 LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS  AUTHORIZED  BY
 SECTION ONE OF THIS ACT.
   2.  THE  COMMISSION  SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
 APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES,  TO
 TAKE  SUCH  STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
 (INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
 MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO  OBTAIN  SUCH  BENEFITS
 FOR  THE  OPERATIONS  OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
 THIS ACT.
   3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
 OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS  AUTHORIZED
 AND  EMPOWERED,  UPON  THE  REQUEST OF THE COMMISSION AND SUBJECT TO ITS
 DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE  COMMIS-
 SION BY THE PROVISIONS OF THIS SECTION.
   § 534-F. PIER  SUPERINTENDENTS  AND  HIRING AGENTS. 1. NO PERSON SHALL
 ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE  WITHOUT  FIRST  HAVING  OBTAINED  FROM  THE
 COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
 AS  SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
 PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT  AS  A  PIER  SUPER-
 INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
   2.  A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
 ISSUED ONLY UPON THE WRITTEN APPLICATION,  UNDER  OATH,  OF  THE  PERSON
 PROPOSING  TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
 INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE  LICENSEE  AS  TO
 THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
   (A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
   (B)  THE  FULL  NAME,  RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
 DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
   (C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE  LICENSEE,
 INCLUDING  THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
 PERSON'S EMPLOYERS;
 A. 8808--B                         18
 
   (D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  COMMIS-
 SION  TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
 TIVE LICENSEE; AND
   (E)  THAT  IF  A  LICENSE  IS  ISSUED TO THE PROSPECTIVE LICENSEE, THE
 APPLICANT WILL EMPLOY SUCH LICENSEE AS  PIER  SUPERINTENDENT  OR  HIRING
 AGENT, AS THE CASE MAY BE.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A)  UNLESS  THE  COMMISSION  SHALL  BE SATISFIED THAT THE PROSPECTIVE
 LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT  PARDON,  BEEN
 CONVICTED  BY  A  COURT  OF THE UNITED STATES, OR ANY STATE OR TERRITORY
 THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY  TO  COMMIT,
 TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
 SONMENT  FOR A TERM EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEA-
 NORS OR OFFENSES: ILLEGALLY USING, CARRYING OR POSSESSING  A  PISTOL  OR
 OTHER  DANGEROUS  WEAPON;  MAKING  OR  POSSESSING BURGLAR'S INSTRUMENTS;
 BUYING OR RECEIVING STOLEN  PROPERTY;  UNLAWFUL  ENTRY  OF  A  BUILDING;
 AIDING  AN  ESCAPE  FROM  PRISON; UNLAWFULLY POSSESSING, POSSESSING WITH
 INTENT TO DISTRIBUTE, SALE OR DISTRIBUTION  OF  A  CONTROLLED  DANGEROUS
 SUBSTANCE  (CONTROLLED  SUBSTANCE)  OR  A CONTROLLED DANGEROUS SUBSTANCE
 ANALOG; AND VIOLATION OF THIS ACT.  ANY SUCH PROSPECTIVE LICENSEE INELI-
 GIBLE FOR A LICENSE BY REASON OF ANY SUCH CONVICTION MAY  SUBMIT  SATIS-
 FACTORY  EVIDENCE TO THE COMMISSION THAT SUCH PERSON HAS FOR A PERIOD OF
 NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED,  AND  UP  TO
 THE TIME OF APPLICATION, SO ACTED IN A MANNER AS TO WARRANT THE GRANT OF
 SUCH  LICENSE,  IN  WHICH  EVENT  THE COMMISSION MAY, IN ITS DISCRETION,
 ISSUE AN ORDER REMOVING SUCH INELIGIBILITY. THE AFORESAID PERIOD OF FIVE
 YEARS SHALL BE MEASURED EITHER FROM THE DATE  OF  PAYMENT  OF  ANY  FINE
 IMPOSED  UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM THE DATE
 OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE, COMMUTATION OR
 TERMINATION OF SENTENCE;
   (C) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY  ADVOCATES  THE
 DESIRABILITY  OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
 STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVO-
 CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
 ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
 LICENSEE POSSESSES THE QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN
 THIS  SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
 LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
 APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE  APPLICANT  OF  THIS
 ACTION.  THE  COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
 LICENSEE FOR A LICENSE UNDER THE  PROVISIONS  OF  THIS  ARTICLE  PENDING
 FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.  ANY SUCH PERMIT
 SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5.  NO  PERSON  SHALL  BE  LICENSED TO ACT AS A PIER SUPERINTENDENT OR
 HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT  AT  A  SINGLE  PIER  OR
 OTHER  WATERFRONT  TERMINAL,  BUT  NOTHING  IN  THIS  SECTION  SHALL  BE
 CONSTRUED TO LIMIT IN ANY WAY THE  NUMBER  OF  PIER  SUPERINTENDENTS  OR
 HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
   6.  A  LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
 THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
 APPLIED FOR  THE PERSON'S LICENSE.
 A. 8808--B                         19
 
   7. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR  THE  LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES:
   (A)  CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
 WOULD  REQUIRE  OR PERMIT THE PERSON'S DISQUALIFICATION FROM RECEIVING A
 LICENSE UPON ORIGINAL APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR  IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
   (D)  CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE;
   (E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
 OR INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON  TO  VIOLATE  THE
 TERMS OF THIS ACT;
   (F)  PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
 GIVE TO ANY PERSON ANY  VALUABLE  CONSIDERATION  TO  INDUCE  SUCH  OTHER
 PERSON  TO  VIOLATE  ANY  PROVISION  OF THIS ACT OR TO INDUCE ANY PUBLIC
 OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE  PERSON'S  DUTY  HERE-
 UNDER;
   (G) PARTICIPATION IN ENTERPRISE CORRUPTION;
   (H)  TRANSFER  OR SURRENDER OF POSSESSION OF THE LICENSE TO ANY PERSON
 EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
   (I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
   (J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
 THAN THE LICENSEE'S EMPLOYER  AS  CONSIDERATION  FOR  THE  SELECTION  OR
 RETENTION FOR EMPLOYMENT OF ANY LONGSHORE WORKER;
   (K)  COERCION  OF  A  LONGSHORE  WORKER  TO  MAKE PURCHASES FROM OR TO
 UTILIZE THE SERVICES OF ANY PERSON;
   (L) LENDING ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHORE WORK-
 ER FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
   (M) MEMBERSHIP IN A  LABOR  ORGANIZATION  WHICH  REPRESENTS  LONGSHORE
 WORKER  OR PORT WATCHERS; BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO
 PROHIBIT PIER SUPERINTENDENTS OR HIRING AGENTS FROM BEING REPRESENTED BY
 A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO NOT ALSO REPRESENT  LONG-
 SHORE  WORKERS  OR  PORT  WATCHERS. THE AMERICAN FEDERATION OF LABOR AND
 CONGRESS OF INDUSTRIAL ORGANIZATIONS AND ANY OTHER  SIMILAR  FEDERATION,
 CONGRESS OR OTHER ORGANIZATION OF NATIONAL OR INTERNATIONAL OCCUPATIONAL
 OR  INDUSTRIAL  LABOR ORGANIZATIONS SHALL NOT BE CONSIDERED AN ORGANIZA-
 TION WHICH REPRESENTS LONGSHORE WORKERS  OR  PORT  WATCHERS  WITHIN  THE
 MEANING  OF  THIS  SECTION  ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT
 LABOR ORGANIZATIONS THEREOF MAY  REPRESENT  LONGSHORE  WORKERS  OR  PORT
 WATCHERS.
   8.  ANY  APPLICANT  FOR PIER SUPERINTENDENT OR HIRING AGENT INELIGIBLE
 FOR A LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B)  OF  SUBDIVI-
 SION  THREE  OF  SECTION  FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTICLE MAY
 PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER REMOVING THE INELIGI-
 BILITY.  A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY BE MADE  TO
 THE  COMMISSION  BEFORE  OR  AFTER  THE HEARING REQUIRED BY SECTION FIVE
 HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   § 534-G. STEVEDORES. 1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN  THE
 PORT  OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED A
 LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
 AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
 IN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE  STEVEDORE  IS
 SO LICENSED.
 A. 8808--B                         20
 
   2.  ANY  PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
 WRITTEN APPLICATION FOR A LICENSE TO ENGAGE  IN  SUCH  OCCUPATION,  DULY
 SIGNED AND  VERIFIED AS FOLLOWS:
   (A)  IF  THE  APPLICANT  IS A NATURAL PERSON, THE APPLICATION SHALL BE
 SIGNED AND VERIFIED BY SUCH PERSON AND IF THE APPLICANT  IS  A  PARTNER-
 SHIP,  THE  APPLICATION  SHALL  BE  SIGNED  AND VERIFIED BY EACH NATURAL
 PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP.  THE APPLICA-
 TION SHALL STATE THE FULL NAME, AGE,  RESIDENCE,  BUSINESS  ADDRESS,  IF
 ANY,  PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
 THE SAME, AND ANY OTHER FACTS AND EVIDENCE AS MAY  BE  REQUIRED  BY  THE
 COMMISSION  TO  ASCERTAIN  THE CHARACTER, INTEGRITY AND IDENTITY OF EACH
 NATURAL PERSON SO SIGNING SUCH APPLICATION.
   (B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
 AND VERIFIED BY THE PRESIDENT,  SECRETARY  AND  TREASURER  THEREOF,  AND
 SHALL  SPECIFY  THE  NAME  OF THE CORPORATION, THE DATE AND PLACE OF ITS
 INCORPORATION, THE LOCATION OF ITS  PRINCIPAL  PLACE  OF  BUSINESS,  THE
 NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
 OWNING  FIVE  PERCENT  OR  MORE  OF ANY OF THE STOCK THEREOF, AND OF ALL
 OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS.  THE REQUIRE-
 MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
 A MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED  IN
 RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
 SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
   (C)  IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY OFFICER,
 AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
 FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE  SECRETARY  OF
 SUCH  CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
 THE COMMISSION CERTIFIED BY SAID SECRETARY.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN  THE  APPLICATION
 IS  NOT  THE  REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION TWO OF THIS
 SECTION TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE  PERSON
 SO  SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR TRUS-
 TEE FOR ANY SUCH REAL PARTY IN INTEREST;
   (B) UNLESS THE COMMISSION SHALL BE SATISFIED THAT  THE  APPLICANT  AND
 ALL  MEMBERS,  OFFICERS  AND STOCKHOLDERS REQUIRED BY SUBDIVISION TWO OF
 THIS SECTION TO SIGN OR BE IDENTIFIED IN  THE  APPLICATION  FOR  LICENSE
 POSSESS  GOOD CHARACTER AND INTEGRITY;
   (C)  UNLESS  THE  APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP OR
 CORPORATION;
   (D) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN  FORCE
 OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
 OF  FREIGHT  BY  WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
 ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN  THE  PORT  OF  NEW
 YORK DISTRICT IN THIS STATE;
   (E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
 SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
 TION    FOR  LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY A
 COURT OF  THE UNITED STATES OR ANY STATE OR  TERRITORY  THEREOF  OF  THE
 COMMISSION  OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
 MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
 EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES  DESCRIBED  IN
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF  THIS  ARTICLE.   ANY APPLICANT INELIGIBLE FOR A LICENSE BY REASON OF
 ANY SUCH  CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE  COMMISSION
 A. 8808--B                         21
 
 THAT THE  PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
 A  PERIOD  OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED
 AND UP TO  THE TIME OF APPLICATION, SO ACTED IN A MANNER AS  TO  WARRANT
 THE  GRANT  OF   SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS
 DISCRETION ISSUE  AN ORDER REMOVING SUCH  INELIGIBILITY.  THE  AFORESAID
 PERIOD  OF  FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT
 OF ANY FINE IMPOSED  UPON SUCH PERSON OR THE SUSPENSION OF  SENTENCE  OR
 FROM  THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE,
 COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
   (F) IF THE APPLICANT HAS PAID, GIVEN, CAUSED  TO  HAVE  BEEN  PAID  OR
 GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
 ER  OF  FREIGHT  BY  WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR
 UNLAWFUL PURPOSE OR TO INDUCE SUCH PERSON TO PROCURE THE  EMPLOYMENT  OF
 THE  APPLICANT  BY  SUCH  CARRIER  FOR  THE  PERFORMANCE  OF STEVEDORING
 SERVICES;
   (G) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID  OR  GIVEN  OR
 OFFERED  TO  PAY  OR  GIVE  TO  ANY OFFICER OR REPRESENTATIVE OF A LABOR
 ORGANIZATION ANY VALUABLE CONSIDERATION  FOR  AN  IMPROPER  OR  UNLAWFUL
 PURPOSE  OR  TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO SUBORDINATE THE
 INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
 THE AFFAIRS OF SUCH LABOR ORGANIZATION TO THE INTERESTS  OF  THE  APPLI-
 CANT.
   (H)  IF  THE  APPLICANT  HAS  PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
 GIVEN OR OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER  OF  FREIGHT
 BY  WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE
 OR, WITHOUT THE KNOWLEDGE AND CONSENT OF SUCH CARRIER,  TO  INDUCE  SUCH
 AGENT  TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR ITS
 AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
   4. WHEN THE APPLICATION SHALL HAVE  BEEN  EXAMINED  AND  SUCH  FURTHER
 INQUIRY  AND  INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
 WHEN THE COMMISSION SHALL BE  SATISFIED  THEREFROM  THAT  THE  APPLICANT
 POSSESSES   THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN  THIS
 SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
 CANT.  THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT  FOR
 A  LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION  ON
 AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL  BE  VALID
 FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
 A  TERM  OF  FIVE  YEARS OR FRACTION OF SUCH FIVE YEAR PERIOD, AND SHALL
 EXPIRE ON THE FIRST DAY OF DECEMBER.  IN THE EVENT OF THE DEATH  OF  THE
 LICENSEE,  IF  A  NATURAL   PERSON, OR ITS TERMINATION OR DISSOLUTION BY
 REASON OF A DEATH OF A PARTNER, IF A PARTNERSHIP,  OR  IF  THE  LICENSEE
 SHALL  CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY PARA-
 GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
 NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
 SHALL BE SOONER.  A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
 SIVE FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE  SET
 FORTH  IN  THIS  SECTION  FOR  AN ORIGINAL APPLICATION FOR A STEVEDORE'S
 LICENSE.
   6. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR  THE  LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
 VISION TWO OF THIS SECTION TO SIGN  OR  BE  IDENTIFIED  IN  AN  ORIGINAL
 APPLICATION FOR A LICENSE:
 A. 8808--B                         22
 
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 DISQUALIFICATION  OF THE LICENSEE FROM RECEIVING A LICENSE UPON ORIGINAL
 APPLICATION;
   (B)  FRAUD,  DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE OR IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (C) FAILURE BY THE LICENSEE TO MAINTAIN A COMPLETE SET  OF  BOOKS  AND
 RECORDS  CONTAINING  A  TRUE  AND  ACCURATE  ACCOUNT  OF  THE LICENSEE'S
 RECEIPTS AND DISBURSEMENTS ARISING  OUT  OF  THE  LICENSEE'S  ACTIVITIES
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (D)  FAILURE  TO KEEP SAID BOOKS AND RECORDS AVAILABLE DURING BUSINESS
 HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
 TATIVES UNTIL THE EXPIRATION OF THE FIFTH CALENDAR  YEAR  FOLLOWING  THE
 CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
   (E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
 (H)  AND  (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE.
   § 534-H. PROHIBITION OF PUBLIC LOADING. 1.  IT  IS  UNLAWFUL  FOR  ANY
 PERSON  TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES OTHER
 THAN RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN  THE
 PORT  OF  NEW  YORK  DISTRICT  IN THIS STATE, FOR A FEE OR OTHER COMPEN-
 SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
   (A) CARRIERS OF FREIGHT BY WATER, BUT ONLY AT  PIERS  AT  WHICH  THEIR
 VESSELS ARE BERTHED;
   (B)  OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO RAILROADS
 AND TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO  BE
 TRANSPORTED BY SUCH CARRIERS;
   (C)  OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING RAIL-
 ROADS, TRUCK TERMINAL OPERATORS, WAREHOUSE WORKERS AND  OTHER  PERSONS),
 BUT ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
   (D)  SHIPPERS  OR  CONSIGNEES  OF FREIGHT, BUT ONLY IN CONNECTION WITH
 FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
   (E) STEVEDORES LICENSED UNDER SECTION FIVE  HUNDRED  THIRTY-FOUR-G  OF
 THIS  ARTICLE,  WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR IS TO
 BE TRANSPORTED BY A CARRIER OF  FREIGHT BY WATER WITH WHICH SUCH  STEVE-
 DORE  SHALL  HAVE  A CONTRACT OF THE TYPE PRESCRIBED BY PARAGRAPH (D) OF
 SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
   2. NOTHING IN THIS SECTION CONTAINED SHALL BE  DEEMED  TO  PERMIT  ANY
 SUCH  LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY ANY
 SUCH PERSON BY  MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER  AGENT
 OTHER  THAN  AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS A PERSON
 PERMITTED BY THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT  SUCH  PLACE
 IN THE PERSON'S OWN RIGHT.
   § 534-I. LONGSHORE WORKERS' REGISTER. 1. THE COMMISSION SHALL MAINTAIN
 A  LONGSHORE  WORKERS' REGISTER IN WHICH SHALL BE INCLUDED ALL QUALIFIED
 LONGSHORE WORKERS ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH  IN  THE
 PORT OF NEW YORK DISTRICT IN THIS STATE.  NO PERSON SHALL ACT AS A LONG-
 SHORE  WORKER  WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS
 AT THE TIME SUCH PERSON IS INCLUDED IN THE LONGSHORE WORKERS'  REGISTER,
 AND  NO PERSON SHALL EMPLOY ANOTHER TO WORK AS A LONGSHORE WORKER WITHIN
 THE PORT OF NEW YORK DISTRICT IN THIS STATE  UNLESS  AT  THE  TIME  SUCH
 OTHER PERSON IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER.
   2.  ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHORE WORKERS' REGIS-
 TER SHALL FILE AT SUCH PLACE AND IN SUCH MANNER AS THE COMMISSION  SHALL
 DESIGNATE  A  WRITTEN  STATEMENT,  SIGNED  AND  VERIFIED BY SUCH PERSON,
 SETTING FORTH THE PERSON'S  FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
 TY NUMBER, AND SUCH FURTHER FACTS AND EVIDENCE  AS  THE  COMMISSION  MAY
 A. 8808--B                         23
 
 PRESCRIBE  TO  ESTABLISH  THE  IDENTITY  OF SUCH PERSON AND THE PERSON'S
 CRIMINAL RECORD, IF ANY.
   3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
 IN THE LONGSHORE WORKERS' REGISTER BY A PERSON:
   (A)  WHO  HAS  BEEN  CONVICTED  BY A COURT OF THE UNITED STATES OR ANY
 STATE OR TERRITORY  THEREOF,  WITHOUT  SUBSEQUENT  PARDON,  OF  TREASON,
 MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
 FOR  A TERM EXCEEDING ONE YEAR OR OF ANY OF THE MISDEMEANORS OR OFFENSES
 DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE  HUNDRED
 THIRTY-FOUR-F  OF THIS ARTICLE OR OF ATTEMPT OR CONSPIRACY TO COMMIT ANY
 OF SUCH CRIMES;
   (B) WHO KNOWINGLY OR WILLINGLY ADVOCATES THE  DESIRABILITY   OF  OVER-
 THROWING  OR  DESTROYING THE GOVERNMENT OF THE UNITED STATES BY FORCE OR
 VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
 ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
   (C) WHOSE PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS  IN  THE
 PORT  OF  NEW  YORK DISTRICT IN THIS STATE IS FOUND BY THE COMMISSION ON
 THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
 THE PUBLIC PEACE OR SAFETY.
   4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
 THE LONGSHORE WORKERS' REGISTER ON A GROUND  SET  FORTH  IN  SUBDIVISION
 THREE  OF  THIS  SECTION  IT  SHALL INCLUDE SUCH PERSON IN THE LONGSHORE
 WORKERS' REGISTER.  THE COMMISSION SHALL ISSUE  A  DETERMINATION  WITHIN
 THIRTY DAYS OF RECEIPT OF THE APPLICATION. IF THE COMMISSION CANNOT MAKE
 A  DETERMINATION  WITHIN  THAT  TIME,  IT SHALL NOTIFY THE APPLICANT AND
 PROVIDE A DATE BY WHICH IT SHALL ISSUE SUCH DETERMINATION. HOWEVER,  THE
 COMMISSION  MUST  ISSUE  A DETERMINATION WITHIN SIX MONTHS OF RECEIPT OF
 THE APPLICATION.  THE COMMISSION MAY PERMIT  TEMPORARY  REGISTRATION  OF
 ANY  APPLICANT UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION
 ON AN APPLICATION MADE FOR SUCH REGISTRATION.  ANY SUCH TEMPORARY REGIS-
 TRATION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND OR  REMOVE  ANY  LONG-
 SHORE  WORKER  REGISTERED UNDER THIS SECTION FROM THE LONGSHORE WORKERS'
 REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTEREST FOR  ANY  OF
 THE FOLLOWING OFFENSES:
   (A)  CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
 FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHORE WORKERS'  REGIS-
 TER UPON ORIGINAL APPLICATION;
   (B)  FRAUD,  DECEIT  OR MISREPRESENTATION IN SECURING INCLUSION IN THE
 LONGSHORE WORKERS' REGISTER;
   (C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF  IDENTIFICATION  ISSUED
 BY  THE  COMMISSION  AS  EVIDENCE OF INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER, WITHOUT SATISFACTORY EXPLANATION;
   (D) FALSE IMPERSONATION OF ANOTHER LONGSHORE WORKER  REGISTERED  UNDER
 THIS SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
   (E)    ASSAULT  OR CRIMINAL MISCHIEF AT OR ON A WATERFRONT TERMINAL OR
 ADJACENT HIGHWAY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
   (F)  ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND  (F)
 OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
 CLE.
   6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
 RULING BY THE COMMISSION, REGISTRATION AS A LONGSHORE WORKER IS REQUIRED
 FOR  ANY  PERSON TO CONTINUE EMPLOYMENT, SUCH PERSON SHALL BE REGISTERED
 AS A LONGSHORE WORKER WITHOUT REGARD TO THE PROVISIONS OF  SECTION  FIVE
 HUNDRED  THIRTY-FOUR-K  OF  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT SUCH
 A. 8808--B                         24

 PERSON SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION
 AS A LONGSHORE WORKER.
   7.  THE  COMMISSION  SHALL HAVE THE RIGHT TO RECOVER POSSESSION OF ANY
 CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
 THE LONGSHORE WORKERS' REGISTER IF THE HOLDER THEREOF HAS  BEEN  REMOVED
 FROM THE LONGSHORE WORKERS' REGISTER.
   8.  NOTHING  CONTAINED  IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN
 ANY WAY ANY RIGHTS OF LABOR RESERVED BY  SECTION  FIVE  HUNDRED  THIRTY-
 FOUR-Q OF THIS ARTICLE.
   § 534-J. LIST  OF QUALIFIED LONGSHORE WORKERS FOR EMPLOYMENT AS CHECK-
 ERS. 1.  THE COMMISSION SHALL MAINTAIN  WITHIN  THE  LONGSHORE  WORKERS'
 REGISTER A LIST OF ALL QUALIFIED LONGSHORE WORKERS ELIGIBLE, AS PROVIDED
 IN  THIS  SECTION,  FOR  EMPLOYMENT  AS CHECKERS IN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE.  NO PERSON SHALL ACT AS  A  CHECKER  WITHIN  THE
 PORT  OF  NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH PERSON
 IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER  AS  A  CHECKER,  AND  NO
 PERSON  SHALL EMPLOY ANOTHER TO WORK AS A CHECKER WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE UNLESS AT THE  TIME  SUCH  OTHER  PERSON  IS
 INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A CHECKER.
   2.  ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHORE WORKERS' REGIS-
 TER AS A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS  THE
 COMMISSION  SHALL  DESIGNATE A WRITTEN STATEMENT, SIGNED AND VERIFIED BY
 SUCH PERSON, SETTING FORTH THE FOLLOWING:
   (A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
 RITY NUMBER OF THE APPLICANT;
   (B) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE  APPLICANT,  INCLUDING
 THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
 EMPLOYERS;
   (C)  SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
 SION  TO  ASCERTAIN  THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
 CANT.
   3. NO PERSON SHALL BE INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A
 CHECKER:
   (A) UNLESS THE  COMMISSION  SHALL  BE  SATISFIED  THAT  THE  APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B)  IF  THE  APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED
 BY A COURT OF THE UNITED STATES OR ANY STATE OR  TERRITORY  THEREOF,  OF
 THE  COMMISSION  OF,  OR  THE  ATTEMPT OR CONSPIRACY TO COMMIT, TREASON,
 MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY  DEATH  OR  IMPRISONMENT
 FOR  A  TERM  EXCEEDING ONE YEAR OR ANY OF THE FOLLOWING MISDEMEANORS OR
 OFFENSES:  ILLEGALLY USING, CARRYING OR POSSESSING A PISTOL  OR  ANOTHER
 DANGEROUS WEAPON; MAKING OR POSSESSING  BURGLAR'S INSTRUMENTS; BUYING OR
 RECEIVING  STOLEN  PROPERTY;  UNLAWFUL  ENTRY  OF  A BUILDING; AIDING AN
 ESCAPE FROM PRISON; UNLAWFULLY   POSSESSING, POSSESSING WITH  INTENT  TO
 DISTRIBUTE,  SALE  OR  DISTRIBUTION  OF A CONTROLLED DANGEROUS SUBSTANCE
 (CONTROLLED  SUBSTANCE)  OR  A  CONTROLLED  DANGEROUS  SUBSTANCE  ANALOG
 (CONTROLLED  SUBSTANCE  ANALOG); PETTY LARCENY, WHERE THE EVIDENCE SHOWS
 THE PROPERTY WAS STOLEN FROM A VESSEL, PIER OR OTHER  WATERFRONT  TERMI-
 NAL; AND VIOLATION OF THIS ACT. ANY SUCH APPLICANT INELIGIBLE FOR INCLU-
 SION  IN THE   LONGSHORE WORKERS' REGISTER AS A CHECKER BY REASON OF ANY
 SUCH CONVICTION  MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT
 THE PERSON HAS FOR A PERIOD OF NOT LESS THAN  FIVE  YEARS,  MEASURED  AS
 PROVIDED  IN  THIS SECTION,  AND UP TO THE TIME OF APPLICATION, SO ACTED
 IN A MANNER AS TO WARRANT  INCLUSION IN THE LONGSHORE WORKERS'  REGISTER
 AS  A  CHECKER,  IN  WHICH  EVENT THE COMMISSION MAY, IN ITS DISCRETION,
 ISSUE AN ORDER REMOVING SUCH INELIGIBILITY.   THE  AFORESAID  PERIOD  OF
 A. 8808--B                         25
 
 FIVE  YEARS  SHALL  BE MEASURED   EITHER FROM THE DATE OF PAYMENT OF ANY
 FINE IMPOSED UPON SUCH PERSON OR THE SUSPENSION OF SENTENCE OR FROM  THE
 DATE  OF SUCH PERSON'S UNREVOKED RELEASE  FROM CUSTODY BY PAROLE, COMMU-
 TATION OR TERMINATION OF SUCH PERSON'S SENTENCE;
   (C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF  OVERTHROWING  OR  DESTROYING  THE GOVERNMENT OF THE UNITED STATES BY
 FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVOCATES  SUCH
 DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL  BE  SATISFIED THEREFROM THAT THE APPLICANT
 POSSESSES  THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  BY   THIS
 SECTION,  THE  COMMISSION  SHALL  INCLUDE THE APPLICANT IN THE LONGSHORE
 WORKERS' REGISTER AS A CHECKER.  THE  COMMISSION  MAY  PERMIT  TEMPORARY
 REGISTRATION  AS  A  CHECKER TO ANY APPLICANT UNDER THIS SECTION PENDING
 FINAL ACTION ON AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER    SUCH
 TERMS  AND  CONDITIONS  AS  THE COMMISSION MAY PRESCRIBE, WHICH SHALL BE
 VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS  OF  SIX
 MONTHS.
   5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
 UNDER  THIS SECTION OR TO REMOVE SUCH PERSON FROM THE LONGSHORE WORKERS'
 REGISTER AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE  PUBLIC
 INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
   (A)  CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
 FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHORE WORKERS'  REGIS-
 TER AS A CHECKER UPON ORIGINAL APPLICATION;
   (B)  FRAUD,  DECEIT  OR MISREPRESENTATION IN SECURING INCLUSION IN THE
 LONGSHORE WORKERS' REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGIS-
 TERED ACTIVITY;
   (C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
   (D) UNLAWFULLY POSSESSING, POSSESSION WITH INTENT TO DISTRIBUTE,  SALE
 OR   DISTRIBUTION   OF  A  CONTROLLED  DANGEROUS  SUBSTANCE  (CONTROLLED
 SUBSTANCE), OR  A  CONTROLLED  DANGEROUS  SUBSTANCE  ANALOG  (CONTROLLED
 SUBSTANCE ANALOG);
   (E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
 TERMS OF THIS ACT;
   (F)  PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
 GIVE TO ANY PERSON ANY  VALUABLE  CONSIDERATION  TO  INDUCE  SUCH  OTHER
 PERSON  TO  VIOLATE  ANY  PROVISION  OF THIS ACT OR TO INDUCE ANY PUBLIC
 OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE  PERSON'S  DUTY  UNDER
 THIS ACT;
   (G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE;
   (H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY  OR  PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
 BY THE COMMISSION AS EVIDENCE OF INCLUSION  IN  THE  LONGSHORE  WORKERS'
 REGISTER WITHOUT SATISFACTORY EXPLANATION;
   (I)  FALSE  IMPERSONATION  OF  ANOTHER  LONGSHORE WORKER OR OF ANOTHER
 PERSON LICENSED UNDER THIS ACT.
   6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER  POSSESSION  OF  ANY
 CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
 THE LONGSHORE WORKER'S REGISTER AS A CHECKER IN THE EVENT THAT THE HOLD-
 ER  THEREOF  HAS  BEEN REMOVED FROM THE LONGSHORE WORKER'S REGISTER AS A
 CHECKER.
   7. ANY APPLICANT INELIGIBLE FOR INCLUSION IN  THE  LONGSHORE  WORKERS'
 REGISTER  AS  A  CHECKER BY REASON OF THE PROVISIONS OF PARAGRAPH (B) OF
 SUBDIVISION THREE OF THIS SECTION MAY PETITION FOR  AND  THE  COMMISSION
 A. 8808--B                         26
 
 MAY  ISSUE  AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR AN ORDER
 TO REMOVE INELIGIBILITY MAY BE MADE TO THE COMMISSION  BEFORE  OR  AFTER
 THE HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTI-
 CLE.
   8.  NOTHING  CONTAINED  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT IN
 ANY WAY ANY RIGHTS OF LABOR RESERVED BY  SECTION  FIVE  HUNDRED  THIRTY-
 FOUR-Q OF THIS ARTICLE.
   § 534-K. REGULARIZATION  OF  LONGSHORE  WORKERS'  EMPLOYMENT.  1.  THE
 COMMISSION SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHORE  WORK-
 ERS'  REGISTER  ANY  PERSON  WHO SHALL HAVE BEEN REGISTERED FOR AT LEAST
 NINE MONTHS AND WHO SHALL HAVE FAILED DURING THE PRECEDING SIX  CALENDAR
 MONTHS  EITHER  TO  HAVE WORKED AS A LONGSHORE WORKER IN THE PORT OF NEW
 YORK DISTRICT OR TO HAVE APPLIED FOR EMPLOYMENT AS A LONGSHORE WORKER AT
 AN EMPLOYMENT INFORMATION CENTER IN THE PORT OF NEW  YORK  DISTRICT  FOR
 SUCH  MINIMUM  NUMBER  OF  DAYS  AS  SHALL  HAVE BEEN ESTABLISHED BY THE
 COMMISSION PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2. ON OR BEFORE EACH SUCCEEDING FIRST DAY OF  JUNE  OR  DECEMBER,  THE
 COMMISSION  SHALL,  FOR THE PURPOSES OF SUBDIVISION ONE OF THIS SECTION,
 ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
 NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
   3. IN ESTABLISHING ANY SUCH MINIMUM NUMBER  OF  DAYS  OR  PERIOD,  THE
 COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
   (A)  TO  ENCOURAGE  AS  FAR  AS  PRACTICABLE THE REGULARIZATION OF THE
 EMPLOYMENT OF LONGSHORE WORKERS;
   (B) TO BRING THE NUMBER OF ELIGIBLE  LONGSHORE  WORKERS  MORE  CLOSELY
 INTO  BALANCE WITH THE DEMAND FOR LONGSHORE WORKER'S SERVICES WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE  NUMBER  OF
 ELIGIBLE LONGSHORE WORKERS BELOW THAT NECESSARY TO MEET THE REQUIREMENTS
 OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (C)  TO ELIMINATE OPPRESSIVE AND EVIL HIRING PRACTICES AFFECTING LONG-
 SHORE WORKERS AND WATERBORNE COMMERCE IN THE PORT OF NEW  YORK  DISTRICT
 IN THIS STATE; AND
   (D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
   4. A LONGSHORE WORKER WHO HAS BEEN REMOVED FROM THE LONGSHORE WORKERS'
 REGISTER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING
 THE SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER,  BUT  NOT  BEFORE  THE EXPIRATION OF ONE YEAR FROM THE DATE OF
 REMOVAL, EXCEPT THAT IMMEDIATE REINSTATEMENT SHALL BE MADE  UPON  PROPER
 SHOWING  THAT  THE  REGISTRANT'S  FAILURE  TO WORK OR APPLY FOR WORK THE
 MINIMUM NUMBER OF DAYS ABOVE DESCRIBED WAS CAUSED BY THE FACT  THAT  THE
 REGISTRANT  WAS  ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR
 WAS INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
 SHALL AT ANY TIME HAVE THE POWER TO  REGISTER  LONGSHORE  WORKERS  ON  A
 TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
   6.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF THIS SECTION, THE COMMIS-
 SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHORE WORKERS' REGISTER
 ANY PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHORE WORKERS  FOR
 LESS  THAN  NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS A LONG-
 SHORE WORKER IN THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF
 DAYS DURING A PERIOD OF TIME AS  SHALL  HAVE  BEEN  ESTABLISHED  BY  THE
 COMMISSION.  IN  ADMINISTERING  THIS  SECTION,  THE  COMMISSION,  IN ITS
 DISCRETION, MAY COUNT APPLICATIONS FOR EMPLOYMENT AS A LONGSHORE  WORKER
 AT  AN  EMPLOYMENT  INFORMATION  CENTER  ESTABLISHED  UNDER SECTION FIVE
 HUNDRED THIRTY-FOUR-O OF THIS ARTICLE AS CONSTITUTING ACTUAL WORK  AS  A
 LONGSHORE  WORKER, PROVIDED, HOWEVER, THAT THE COMMISSION SHALL COUNT AS
 A. 8808--B                         27
 
 ACTUAL WORK THE COMPENSATION RECEIVED BY ANY LONGSHORE  WORKER  PURSUANT
 TO THE GUARANTEED WAGE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT
 RELATING  TO  LONGSHORE WORKERS. PRIOR TO THE COMMENCEMENT OF ANY PERIOD
 OF  TIME  ESTABLISHED  BY  THE  COMMISSION PURSUANT TO THIS SECTION, THE
 COMMISSION SHALL ESTABLISH FOR SUCH PERIOD THE MINIMUM NUMBER OF DAYS OF
 WORK REQUIRED AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH  PERIOD  AND
 SHALL  ALSO  DETERMINE  WHETHER  OR  NOT APPLICATION FOR EMPLOYMENT AS A
 LONGSHORE WORKER SHALL BE COUNTED AS CONSTITUTING ACTUAL WORK AS A LONG-
 SHORE WORKER. THE COMMISSION MAY CLASSIFY LONGSHORE WORKERS ACCORDING TO
 LENGTH OF SERVICE AS A LONGSHORE WORKER AND SUCH OTHER CRITERIA  AS  MAY
 BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT. THE
 COMMISSION SHALL HAVE THE POWER TO VARY THE REQUIREMENTS OF THIS SECTION
 WITH  RESPECT  TO  THEIR  APPLICATION  TO THE VARIOUS CLASSIFICATIONS OF
 LONGSHORE WORKERS. IN ADMINISTERING THIS SECTION, THE  COMMISSION  SHALL
 OBSERVE THE STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-FOUR-L OF
 THIS  ARTICLE.    NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO MODIFY,
 LIMIT OR RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE
 HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
   § 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
 LONGSHORE WORKERS' REGISTER; EXCEPTIONS. 1. THE COMMISSION SHALL SUSPEND
 THE ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE  LONGSHORE  WORKERS'
 REGISTER UPON THE EFFECTIVE DATE OF THIS ACT. THE COMMISSION SHALL THER-
 EAFTER  HAVE  THE POWER TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE
 OF APPLICATIONS FOR INCLUSION IN THE  LONGSHORE  WORKERS'  REGISTER  FOR
 SUCH  PERIODS  OF TIME AS THE COMMISSION MAY FROM TIME TO TIME ESTABLISH
 AND, AFTER ANY SUCH PERIOD OF SUSPENSION, THE COMMISSION SHALL HAVE  THE
 POWER  TO  MAKE DETERMINATIONS TO ACCEPT APPLICATIONS FOR SUCH PERIOD OF
 TIME AS THE COMMISSION MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION
 MAY DETERMINE, OR BOTH. SUCH DETERMINATIONS TO SUSPEND OR ACCEPT  APPLI-
 CATIONS  SHALL  BE MADE BY THE COMMISSION: (A) ON ITS OWN INITIATIVE; OR
 (B) UPON THE JOINT RECOMMENDATION IN WRITING  OF  STEVEDORES  AND  OTHER
 EMPLOYERS  OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS
 STATE, ACTING THROUGH THEIR REPRESENTATIVE FOR THE PURPOSE OF COLLECTIVE
 BARGAINING WITH A LABOR ORGANIZATION REPRESENTING SUCH LONGSHORE WORKERS
 IN SUCH DISTRICT AND SUCH LABOR ORGANIZATION; OR (C) UPON  THE  PETITION
 IN  WRITING  OF  A STEVEDORE OR ANOTHER EMPLOYER OF LONGSHORE WORKERS IN
 THE PORT OF NEW YORK DISTRICT IN THIS STATE WHICH DOES NOT HAVE A REPRE-
 SENTATIVE FOR THE PURPOSE OF COLLECTIVE BARGAINING WITH A  LABOR  ORGAN-
 IZATION  REPRESENTING  SUCH LONGSHORE WORKERS. THE COMMISSION SHALL HAVE
 THE POWER TO ACCEPT OR REJECT SUCH JOINT RECOMMENDATION OR PETITION. ALL
 JOINT RECOMMENDATIONS OR PETITIONS FILED FOR THE ACCEPTANCE OF  APPLICA-
 TIONS WITH THE COMMISSION FOR INCLUSION IN THE LONGSHORE WORKERS' REGIS-
 TER SHALL INCLUDE:
   (I) THE NUMBER OF EMPLOYEES REQUESTED;
   (II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
   (III)  A  DETAILED  STATEMENT SETTING FORTH THE REASONS FOR SUCH JOINT
 RECOMMENDATION OR PETITION;
   (IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
 THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
 ERS OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS  STATE
 AND  THE  LABOR  ORGANIZATION  REPRESENTING SUCH LONGSHORE WORKERS SHALL
 PROVIDE THE ALLOCATION OF THE NUMBER OF PERSONS TO BE SPONSORED BY  EACH
 EMPLOYER  OF  LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS
 STATE; AND
   (V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
 A. 8808--B                         28
 
   2. IN ADMINISTERING THE PROVISIONS OF  THIS  SECTION,  THE  COMMISSION
 SHALL OBSERVE THE FOLLOWING STANDARDS:
   (A)  TO  ENCOURAGE  AS  FAR  AS  PRACTICABLE THE REGULARIZATION OF THE
 EMPLOYMENT OF LONGSHORE WORKERS;
   (B) TO BRING THE NUMBER OF ELIGIBLE  LONGSHORE  WORKERS  INTO  BALANCE
 WITH  THE  DEMAND FOR LONGSHORE WORKERS' SERVICES WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE WITHOUT  REDUCING  THE  NUMBER  OF  ELIGIBLE
 LONGSHORE WORKERS BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONG-
 SHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (C)  TO  ENCOURAGE  THE  MOBILITY AND FULL UTILIZATION OF THE EXISTING
 WORK FORCE OF LONGSHORE WORKERS;
   (D) TO PROTECT THE JOB SECURITY OF THE EXISTING WORK  FORCE  OF  LONG-
 SHORE  WORKERS  BY  CONSIDERING  THE  WAGES  AND  EMPLOYMENT BENEFITS OF
 PROSPECTIVE REGISTRANTS;
   (E) TO ELIMINATE OPPRESSIVE AND EVIL  HIRING  PRACTICES  INJURIOUS  TO
 WATERFRONT  LABOR  AND  WATERBORNE  COMMERCE  IN  THE  PORT  OF NEW YORK
 DISTRICT IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THOSE  OPPRESSIVE
 AND EVIL HIRING PRACTICES THAT MAY RESULT FROM EITHER A SURPLUS OR SHOR-
 TAGE OF WATERFRONT LABOR;
   (F)  TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION AND
 SUCH OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER  DETERMI-
 NATION; AND
   (G) TO PROTECT THE PUBLIC INTEREST OF THE PORT OF NEW YORK DISTRICT IN
 THIS STATE.
   3.  (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING TO
 SUSPEND OR ACCEPT APPLICATIONS FOR INCLUSION IN THE  LONGSHORE  WORKERS'
 REGISTER,  THE  COMMISSION SHALL CONSULT WITH AND CONSIDER THE VIEWS OF,
 INCLUDING ANY STATISTICAL DATA OR OTHER FACTUAL  INFORMATION  CONCERNING
 THE  SIZE  OF  THE LONGSHORE WORKERS' REGISTER SUBMITTED BY, CARRIERS OF
 FREIGHT BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND  OPERATORS,
 ANY  LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE COMMIS-
 SION, AND ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY  THE  SIZE
 OF THE LONGSHORE WORKERS' REGISTER.
   (B)  ANY  JOINT  RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE
 SUBJECT TO SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE.
   4. ANY DETERMINATION BY THE COMMISSION PURSUANT  TO  THIS  SECTION  TO
 SUSPEND  OR  ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME  EFFECTIVE  UNTIL
 FIVE  DAYS  AFTER  NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
 TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF  LONGSHORE  WORKERS  IN  THE
 PORT  OF  NEW  YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION
 REPRESENTING SUCH LONGSHORE WORKERS AND/OR THE PETITIONING STEVEDORE  OR
 OTHER  EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN
 THIS STATE AND SHALL BE SUBJECT TO JUDICIAL REVIEW FOR BEING  ARBITRARY,
 CAPRICIOUS,  AND  AN  ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTI-
 TUTED BY SUCH REPRESENTATIVE AND SUCH LABOR ORGANIZATION AND/OR  BY  THE
 PETITIONING STEVEDORE OR OTHER EMPLOYER OF LONGSHORE WORKERS IN THE PORT
 OF  NEW YORK DISTRICT IN THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY
 BE INSTITUTED IN THE MANNER PROVIDED BY THE LAW OF THIS STATE FOR REVIEW
 OF THE FINAL DECISION OR  ACTION  OF  ADMINISTRATIVE  AGENCIES  OF  THIS
 STATE, PROVIDED, HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY
 BY  THE  APPELLATE DIVISION AS THE COURT OF FIRST INSTANCE (TO WHICH THE
 PROCEEDING SHALL BE TRANSFERRED BY ORDER  OF  TRANSFER  BY  THE  SUPREME
 COURT IN THE STATE OF NEW YORK BY NOTICE OF APPEAL FROM THE COMMISSION'S
 DETERMINATION)  AND  PROVIDED  FURTHER  THAT  NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW IN THIS STATE NO COURT SHALL HAVE  POWER  TO  STAY  THE
 A. 8808--B                         29
 
 COMMISSION'S  DETERMINATION  PRIOR  TO  FINAL JUDICIAL DECISION FOR MORE
 THAN FIFTEEN DAYS. IN THE EVENT THAT THE  COURT  ENTERS  A  FINAL  ORDER
 SETTING ASIDE THE DETERMINATION BY THE COMMISSION TO ACCEPT APPLICATIONS
 FOR  INCLUSION  IN  THE LONGSHORE WORKERS' REGISTER, THE REGISTRATION OF
 ANY LONGSHORE WORKERS INCLUDED IN THE LONGSHORE WORKERS' REGISTER  AS  A
 RESULT OF SUCH DETERMINATION BY THE COMMISSION SHALL BE CANCELLED.
   5.  THIS  SECTION  SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY  LIMIT  OR
 RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
 REGISTER LONGSHORE WORKERS ON A TEMPORARY BASIS TO MEET SPECIAL OR EMER-
 GENCY  NEEDS  OR  THE  PROVISIONS  OF  SUBDIVISION  FOUR OF SECTION FIVE
 HUNDRED THIRTY-FOUR-K OF THIS ARTICLE RELATING TO  THE  IMMEDIATE  REIN-
 STATEMENT OF PERSONS REMOVED FROM THE LONGSHORE WORKERS' REGISTER PURSU-
 ANT TO THIS SECTION.
   6.  UPON  THE  GRANTING  OF ANY JOINT RECOMMENDATION OR PETITION UNDER
 THIS SECTION FOR THE ACCEPTANCE OF APPLICATIONS  FOR  INCLUSION  IN  THE
 LONGSHORE  WORKERS'  REGISTER,  THE COMMISSION SHALL ACCEPT APPLICATIONS
 UPON WRITTEN SPONSORSHIP FROM  THE  PROSPECTIVE  EMPLOYER  OF  LONGSHORE
 WORKERS.  THE  SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE
 NAME, ADDRESS AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS  THE
 COMMISSION  MAY  PRESCRIBE  FOR  ANY PERSON SO SPONSORED. THE SPONSORING
 EMPLOYER SHALL CERTIFY THAT THE SELECTION OF THE  PERSONS  SO  SPONSORED
 WAS  MADE  IN A FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE
 REQUIREMENTS OF THE LAWS OF THE UNITED STATES AND THE STATE OF NEW  YORK
 DEALING  WITH EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY OF THE
 FOREGOING, WHERE THE COMMISSION DETERMINES TO  ACCEPT  APPLICATIONS  FOR
 INCLUSION IN THE LONGSHORE WORKERS' REGISTER ON ITS OWN INITIATIVE, SUCH
 ACCEPTANCE  SHALL  BE  ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY
 THE COMMISSION.
   7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
 MAY INCLUDE IN THE LONGSHORE WORKERS'  REGISTER  UNDER  SUCH  TERMS  AND
 CONDITIONS AS THE COMMISSION MAY PRESCRIBE:
   (A)  A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
 OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
   (B) A PERSON DEFINED AS A LONGSHORE WORKER  IN  SUBPARAGRAPH  FOUR  OF
 PARAGRAPH  (A),  OR  PARAGRAPH (B) OF SUBDIVISION TWELVE OF SECTION FIVE
 HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS  EMPLOYED  BY  A  STEVEDORE
 DEFINED  IN  PARAGRAPH  (C)  OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
 FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT  IS  NOT
 SUBJECT  TO  THE  GUARANTEED  ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
 BARGAINING AGREEMENT RELATING TO LONGSHORE WORKERS.
   8. THE COMMISSION MAY INCLUDE  IN  THE  LONGSHORE  WORKERS'  REGISTER,
 UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, PERSONS
 ISSUED  REGISTRATION  ON  A  TEMPORARY  BASIS AS A LONGSHORE WORKER OR A
 CHECKER TO MEET SPECIAL OR EMERGENCY NEEDS AND WHO ARE STILL  SO  REGIS-
 TERED BY THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
   9.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO MODIFY, LIMIT OR
 RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE  HUNDRED
 THIRTY-FOUR-Q OF THIS ARTICLE.
   § 534-M. PORT WATCHERS. 1. NO PERSON SHALL ACT AS A PORT WATCHER WITH-
 IN  THE  PORT  OF  NEW  YORK DISTRICT IN THIS STATE WITHOUT FIRST HAVING
 OBTAINED A LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE  BI-STATE
 COMMISSION,  AND  NO  PERSON  SHALL  EMPLOY A PORT WATCHER WHO IS NOT SO
 LICENSED.
   2. A LICENSE TO ACT AS A PORT WATCHER SHALL BE ISSUED ONLY UPON  WRIT-
 TEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
 A. 8808--B                         30
 
   (A)  THE  FULL  NAME,  RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
 DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
   (B)  THE  PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
 THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF  THE  PERSON'S
 EMPLOYERS;
   (C)  THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
 IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
 AND
   (D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  COMMIS-
 SION  TO  ASCERTAIN  THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
 CANT.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A) UNLESS THE  COMMISSION  SHALL  BE  SATISFIED  THAT  THE  APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
 A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
 COMMISSION  OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
 MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
 EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES  DESCRIBED  IN
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE;
   (C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
 ICAL  AND MENTAL FITNESS FOR THE DISCHARGE OF A PORT WATCHER'S DUTIES AS
 MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
   (D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
 REPRESENTS LONGSHORE WORKERS OR PIER SUPERINTENDENTS OR  HIRING  AGENTS;
 BUT  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO PROHIBIT PORT WATCHERS
 FROM BEING REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO
 NOT ALSO REPRESENT LONGSHORE WORKERS OR PIER SUPERINTENDENTS  OR  HIRING
 AGENTS.    THE  AMERICAN  FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL
 ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER ORGAN-
 IZATION OF NATIONAL OR INTERNATIONAL OCCUPATIONAL  OR  INDUSTRIAL  LABOR
 ORGANIZATIONS  SHALL  NOT BE CONSIDERED AN ORGANIZATION WHICH REPRESENTS
 LONGSHORE WORKERS OR PIER SUPERINTENDENTS OR HIRING  AGENTS  WITHIN  THE
 MEANING  OF  THIS  SECTION  ALTHOUGH ONE OF THE FEDERATED OR CONSTITUENT
 LABOR ORGANIZATIONS THEREOF MAY  REPRESENT  LONGSHORE  WORKERS  OR  PIER
 SUPERINTENDENTS OR HIRING AGENTS;
   (E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF  OVERTHROWING  OR  DESTROYING  THE GOVERNMENT OF THE UNITED STATES BY
 FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVOCATES  SUCH
 DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL  BE  SATISFIED THEREFROM THAT THE APPLICANT
 POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
 AND REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE  AND
 DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
 PERMIT  TO  ANY  APPLICANT  FOR  A  LICENSE UNDER THE PROVISIONS OF THIS
 SECTION PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A  LICENSE.
 ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5.  A  LICENSE  GRANTED  PURSUANT TO THIS SECTION SHALL CONTINUE FOR A
 TERM OF THREE YEARS. A LICENSE MAY BE  RENEWED  BY  THE  COMMISSION  FOR
 SUCCESSIVE  THREE-YEAR  PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS
 SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
 A. 8808--B                         31
 
   6. NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A  LICENSE
 TO  ACT  AS  A  PORT  WATCHER  SHALL  CONTINUE  AND NEED NOT BE RENEWED,
 PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
   (A)  SUBMIT  TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL AND MENTAL
 FITNESS STANDARDS ESTABLISHED BY THE COMMISSION  PURSUANT  TO  PARAGRAPH
 (C) OF SUBDIVISION THREE OF THIS SECTION;
   (B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
   (C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
   7.  ANY  LICENSE  ISSUED  PURSUANT  TO  THIS SECTION MAY BE REVOKED OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR THE LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF  THE  FOLLOWING
 OFFENSES:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 THE  PERSON'S  DISQUALIFICATION  FROM  RECEIVING A LICENSE UPON ORIGINAL
 APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
   (C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
 (H), AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED  THIRTY-FOUR-F
 OF THIS ARTICLE.
   8.  THE  COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE LICENSE OR
 TEMPORARY PERMIT OF A PORT WATCHER WHO  SHALL  HAVE  FAILED  DURING  THE
 PRECEDING  TWELVE MONTHS TO HAVE WORKED AS A PORT WATCHER IN THE PORT OF
 NEW YORK DISTRICT A MINIMUM NUMBER OF HOURS AS SHALL  HAVE  BEEN  ESTAB-
 LISHED  BY  THE  COMMISSION,  EXCEPT  THAT IMMEDIATE RESTORATION OF SUCH
 LICENSE OR TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING  THAT  THE
 FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
 WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
 ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
   9.  ANY  APPLICANT FOR PORT WATCHER INELIGIBLE FOR A LICENSE BY REASON
 OF THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS  SECTION
 MAY  PETITION  FOR  AND  THE  COMMISSION MAY ISSUE AN ORDER REMOVING THE
 INELIGIBILITY. A PETITION FOR AN ORDER TO REMOVE  INELIGIBILITY  MAY  BE
 MADE  TO  THE COMMISSION BEFORE OR AFTER THE HEARING REQUIRED BY SECTION
 FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   § 534-N. HEARINGS, DETERMINATIONS AND REVIEW. 1. THE COMMISSION  SHALL
 NOT  DENY  ANY  APPLICATION FOR A LICENSE OR REGISTRATION WITHOUT GIVING
 THE APPLICANT OR PROSPECTIVE LICENSEE REASONABLE  PRIOR  NOTICE  AND  AN
 OPPORTUNITY TO BE HEARD BY THE COMMISSION.
   2.  ANY  APPLICATION  FOR  A LICENSE OR FOR INCLUSION IN THE LONGSHORE
 WORKERS' REGISTER, AND ANY LICENSE ISSUED OR REGISTRATION MADE,  MAY  BE
 DENIED,  REVOKED,  OR  SUSPENDED  ONLY  IN THE MANNER PRESCRIBED IN THIS
 SECTION.
   3. THE COMMISSION MAY ON ITS OWN INITIATIVE OR  ON  COMPLAINT  OF  ANY
 PERSON,  INCLUDING  ANY PUBLIC OFFICIAL OR AGENCY, INSTITUTE PROCEEDINGS
 TO REVOKE OR SUSPEND ANY LICENSE OR  REGISTRATION  AFTER  A  HEARING  AT
 WHICH  THE  LICENSEE  OR REGISTRANT AND ANY PERSON MAKING SUCH COMPLAINT
 SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD, PROVIDED THAT  ANY  ORDER  OF
 THE  COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION SHALL
 NOT BECOME EFFECTIVE UNTIL FIFTEEN DAYS SUBSEQUENT  TO  THE  SERVING  OF
 NOTICE  THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION OF
 THE COMMISSION THE CONTINUANCE OF THE LICENSE OR REGISTRATION  FOR  SUCH
 PERIOD  WOULD  BE  INIMICAL TO THE PUBLIC PEACE OR SAFETY. SUCH HEARINGS
 SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY  BE  PRESCRIBED
 BY  THE  RULES  OF  THE COMMISSION, BUT SUCH NOTICE SHALL BE OF NOT LESS
 THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
 A. 8808--B                         32

   4. PENDING THE DETERMINATION OF SUCH HEARING PURSUANT  TO  SUBDIVISION
 THREE  OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT,
 LICENSE OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN  THE
 OPINION  OF  THE  COMMISSION  THE  CONTINUANCE OF THE PERMIT, LICENSE OR
 REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
   (A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
 TRATION  PURSUANT  TO  THE  PROVISIONS OF THIS SUBDIVISION UNTIL FURTHER
 ORDER OF THE COMMISSION OR FINAL DISPOSITION  OF  THE  UNDERLYING  CASE,
 ONLY  WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED FOR,
 OR OTHERWISE CHARGED WITH, A CRIME WHICH IS EQUIVALENT TO  A  FELONY  IN
 THE  STATE  OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
 FOR A TERM EXCEEDING ONE YEAR OR ONLY WHERE THE PERMITTEE OR LICENSEE IS
 A PORT WATCHER WHO IS CHARGED BY THE COMMISSION PURSUANT TO THIS SECTION
 WITH MISAPPROPRIATING ANY OTHER PERSON'S PROPERTY AT OR  ON  A  PIER  OR
 OTHER WATERFRONT TERMINAL.
   (B)  IN  THE  CASE OF A PERMITTEE, LICENSEE OR REGISTRANT WHO HAS BEEN
 INDICTED FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY  SUSPEN-
 SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
 CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
 OF  ANY  SUCH  PERMIT, LICENSE OR REGISTRATION IS INIMICAL TO THE PUBLIC
 PEACE OR SAFETY.
   (C) A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN  TEMPORAR-
 ILY  SUSPENDED  MAY,  AT  ANY TIME, DEMAND THAT THE COMMISSION CONDUCT A
 HEARING AS PROVIDED FOR IN THIS  SECTION.  WITHIN  SIXTY  DAYS  OF  SUCH
 DEMAND,  THE  COMMISSION  SHALL  COMMENCE THE HEARING AND, WITHIN THIRTY
 DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
 THE COMMISSION SHALL RENDER A  FINAL  DETERMINATION  THEREON;  PROVIDED,
 HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
 DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
 FAILURE  OF  THE  COMMISSION  TO COMMENCE A HEARING OR RENDER A DETERMI-
 NATION WITHIN THE TIME LIMITS PRESCRIBED HEREIN, THE  TEMPORARY  SUSPEN-
 SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
 STANDING  ANY  OTHER PROVISION OF THIS SUBDIVISION, IF A FEDERAL, STATE,
 OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
 SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
 WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
 SION MAY IN ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING  FOR  A  TIME
 CERTAIN  OR  INDEFINITELY.  ANY  ACTION  BY THE COMMISSION TO POSTPONE A
 HEARING SHALL BE SUBJECT TO IMMEDIATE JUDICIAL  REVIEW  AS  PROVIDED  IN
 SUBDIVISION SEVEN OF THIS SECTION.
   (D)  THE  COMMISSION  MAY  IN ADDITION, WITHIN ITS DISCRETION, BAR ANY
 PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
 SUSPENDED PURSUANT TO THIS SECTION, FROM ANY EMPLOYMENT  BY  A  LICENSED
 STEVEDORE  OR  A  CARRIER  OF FREIGHT BY WATER DURING THE PERIOD OF SUCH
 SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
 INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
 OF  A  CONTROLLED  DANGEROUS  SUBSTANCE   (CONTROLLED   SUBSTANCE),   OR
 CONTROLLED  DANGEROUS  SUBSTANCE  ANALOG  (CONTROLLED SUBSTANCE ANALOG),
 RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
   5. THE COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF  THE  COMMIS-
 SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
 THE  POWER  TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF WITNESSES AND
 THE GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO  ADMINIS-
 TER  OATHS  IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE DUTY OF
 THE COMMISSION OR OF ANY OFFICER, EMPLOYEE OR AGENT  OF  THE  COMMISSION
 DESIGNATED  BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT THE
 A. 8808--B                         33
 
 REQUEST OF AND UPON BEHALF OF THE  LICENSEE,  REGISTRANT  OR  APPLICANT.
 THE  COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE BOUND
 BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL  OR  FORMAL
 RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
   6.  UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE SUCH
 ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
 EXECUTE AN ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION  IN  THE
 CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
 ING  OR  DENIAL  THEREOF.  THE ACTION IN THE CASE OF A LICENSEE SHALL BE
 REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A  FIXED  PERIOD  OR
 REPRIMAND  OR  A  DISMISSAL  OF THE CHARGES. THE ACTION IN THE CASE OF A
 REGISTERED LONGSHORE WORKER SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND
 OR REMOVAL FROM THE LONGSHORE WORKERS' REGISTER FOR A  FIXED  PERIOD  OR
 PERMANENTLY.
   7.  THE  ACTION  OF  THE  COMMISSION  IN DENYING ANY APPLICATION FOR A
 LICENSE OR IN REFUSING TO INCLUDE ANY PERSON IN THE  LONGSHORE  WORKERS'
 REGISTER  UNDER  THIS  ACT  OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
 REMOVING ANY PERSON FROM THE LONGSHORE WORKERS' REGISTER  OR  IN  REPRI-
 MANDING  A LICENSEE OR REGISTRANT SHALL BE SUBJECT TO JUDICIAL REVIEW BY
 A PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE OF THE  APPLICANT,
 LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
 THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
 ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
 POWER  TO  STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
 SUSPENDING OR REVOKING A LICENSE OR REMOVING A LONGSHORE WORKER FROM THE
 LONGSHORE WORKERS' REGISTER.
   8. AT HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO  THIS  SECTION,
 APPLICANTS,  PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL HAVE
 THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
   9. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO  THE  MAKING  OF  AN
 ORDER  BY  THE  COMMISSION,  A  HEARING  MAY,  UPON  PETITION AND IN THE
 DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE  PRESENTATION  OF
 ADDITIONAL  EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE IN
 DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE  REASONS
 FOR  THE  FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
 HEARING. THE COMMISSION MAY UPON ITS  OWN  MOTION  AND  UPON  REASONABLE
 NOTICE  REOPEN  A  HEARING  FOR THE PRESENTATION OF ADDITIONAL EVIDENCE.
 UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
 MAY BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION  FOR
 REHEARING  SHALL  STATE IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS
 BASED AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT  ALLEGED
 TO  HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER WITH
 THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
 WITH THE COMMISSION NOT LATER THAN THIRTY DAYS  AFTER  SERVICE  OF  SUCH
 ORDER,  UNLESS  THE  COMMISSION  FOR  GOOD  CAUSE  SHOWN SHALL OTHERWISE
 DIRECT.  THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING  AFTER
 THE MAKING OF AN ORDER.
   § 534-O. EMPLOYMENT  INFORMATION  CENTERS.  1.  THE  COMMISSION  SHALL
 ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
 THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT  MAY
 DETERMINE.  NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
 WORK AS A LONGSHORE WORKER OR PORT WATCHER WITHIN THE PORT OF  NEW  YORK
 DISTRICT IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT INFOR-
 MATION  CENTER  OR  CENTERS  AS MAY BE PRESCRIBED BY THE COMMISSION.  NO
 PERSON SHALL ACCEPT ANY EMPLOYMENT AS A LONGSHORE WORKER OR PORT WATCHER
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, EXCEPT THROUGH  SUCH
 A. 8808--B                         34

 AN  EMPLOYMENT  INFORMATION  CENTER. AT EACH SUCH EMPLOYMENT INFORMATION
 CENTER THE COMMISSION SHALL KEEP  AND  EXHIBIT  THE  LONGSHORE  WORKERS'
 REGISTER  AND ANY OTHER RECORDS IT SHALL DETERMINE TO THE END THAT LONG-
 SHORE  WORKER  AND PORT WATCHER SHALL HAVE THE MAXIMUM INFORMATION AS TO
 AVAILABLE EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE  PORT  OF  NEW  YORK
 DISTRICT  IN  THIS  STATE  AND  TO  THE END THAT EMPLOYERS SHALL HAVE AN
 ADEQUATE OPPORTUNITY TO FILL THEIR REQUIREMENTS OF REGISTERED  LONGSHORE
 WORKERS AND PORT WATCHERS AT ALL TIMES.
   2.  EVERY  EMPLOYER  OF  LONGSHORE WORKERS OR PORT WATCHERS WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE SHALL FURNISH  SUCH  INFORMATION
 AS  MAY  BE  REQUIRED  BY  THE  RULES  AND REGULATIONS PRESCRIBED BY THE
 COMMISSION WITH REGARD TO THE NAME OF EACH PERSON HIRED AS  A  LONGSHORE
 WORKER  OR  PORT  WATCHER, THE TIME AND PLACE OF HIRING, THE TIME, PLACE
 AND HOURS OF WORK, AND THE COMPENSATION THEREFOR.
   § 534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR  LONG-
 SHORE  WORKERS  AND  CHECKERS; REGISTRATION OF TELECOMMUNICATIONS SYSTEM
 CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
 MATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER  SECTION
 FIVE  HUNDRED  THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION OF A
 TELECOMMUNICATIONS HIRING SYSTEM THROUGH  WHICH  LONGSHORE  WORKERS  AND
 CHECKERS MAY BE HIRED AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEAR-
 ANCE  AT  SAID CENTER.   ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM SHALL
 INCORPORATE HIRING AND SENIORITY AGREEMENTS  BETWEEN  THE  EMPLOYERS  OF
 LONGSHORE  WORKERS  AND CHECKERS AND THE LABOR ORGANIZATION REPRESENTING
 LONGSHORE WORKERS AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN  THIS
 STATE,  PROVIDED SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS
 OF THIS ARTICLE.
   2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
 ING EMPLOYERS OF LONGSHORE WORKERS AND CHECKERS AND OF THE LABOR  ORGAN-
 IZATION  REPRESENTING  LONGSHORE WORKERS AND CHECKERS IN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND
 LABOR ORGANIZATION, TO PARTICIPATE IN THE OPERATION OF SAID TELECOMMUNI-
 CATIONS HIRING SYSTEM, PROVIDED THAT ANY SUCH EMPLOYEE IS REGISTERED  BY
 THE    COMMISSION AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" IN ACCORD-
 ANCE WITH THE PROVISIONS, STANDARDS AND GROUNDS SET FORTH  IN  THIS  ACT
 WITH  RESPECT TO THE REGISTRATION OF CHECKERS.  NO PERSON SHALL ACT AS A
 "TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS  SO  REGIS-
 TERED.   ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
 OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
 IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N  OF  THIS
 ARTICLE.   ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
 COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
   3. ANY AND  ALL  RECORDS,  DOCUMENTS,  TAPES,  DISCS  AND  OTHER  DATA
 COMPILED,  COLLECTED  OR  MAINTAINED  BY  SAID ASSOCIATION OF EMPLOYERS,
 LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR  ORGAN-
 IZATION  PERTAINING  TO  THE  TELECOMMUNICATIONS  HIRING SYSTEM SHALL BE
 AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY  THE  COMMIS-
 SION.
   § 534-Q. CONSTRUCTION  OF  ACT.  1. THIS ACT IS NOT DESIGNED AND SHALL
 NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED  FROM
 ANY  OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
 ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
 VIDUALLY, COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER  REPRE-
 SENTATIVES  OF  THEIR OWN CHOOSING.   WITHOUT LIMITING THE GENERALITY OF
 THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
 IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
 A. 8808--B                         35
 
   2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
 WAY ANY RIGHTS OF LONGSHORE WORKERS, HIRING AGENTS, PIER SUPERINTENDENTS
 OR PORT WATCHERS OR THEIR EMPLOYERS TO BARGAIN  COLLECTIVELY  AND  AGREE
 UPON ANY METHOD FOR THE SELECTION OF SUCH EMPLOYEES BY WAY OF SENIORITY,
 EXPERIENCE,  REGULAR  GANGS  OR  OTHERWISE, PROVIDED THAT SUCH EMPLOYEES
 SHALL BE LICENSED OR REGISTERED HEREUNDER AND SUCH LONGSHORE WORKERS AND
 PORT WATCHERS SHALL BE HIRED ONLY  THROUGH  THE  EMPLOYMENT  INFORMATION
 CENTERS  ESTABLISHED HEREUNDER AND THAT ALL OTHER PROVISIONS OF THIS ACT
 BE OBSERVED.
   § 534-R. CERTAIN SOLICITATIONS  PROHIBITED;  PROHIBITION  AGAINST  THE
 HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
 CONVICTED  OF  CERTAIN  CRIMES AND OFFENSES. 1. NO PERSON SHALL SOLICIT,
 COLLECT OR RECEIVE ANY DUES,  ASSESSMENTS,  LEVIES,  FINES  OR  CONTRIB-
 UTIONS,  OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY LABOR
 ORGANIZATION WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED  PURSUANT
 TO  THE  PROVISIONS  OF THIS ARTICLE OR WHICH DERIVES ITS CHARTER FROM A
 LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF  SUCH  REGISTERED
 OR  LICENSED  EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
 ORGANIZATION, OR OF A WELFARE FUND OR TRUST  ADMINISTERED  PARTIALLY  OR
 ENTIRELY  BY  SUCH  LABOR  ORGANIZATION  OR BY TRUSTEES OR OTHER PERSONS
 DESIGNATED BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT  OF
 THE  UNITED  STATES, OR ANY STATE OR TERRITORY THEREOF, OF A FELONY, ANY
 MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
 IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION  FIVE  HUNDRED  THIRTY-
 FOUR-J  OF  THIS  ARTICLE,  UNLESS  SUCH  PERSON  HAS  BEEN SUBSEQUENTLY
 PARDONED THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF  THE
 STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
 CERTIFICATE  OF  GOOD  CONDUCT  FROM THE BOARD OF PAROLE PURSUANT TO THE
 PROVISIONS OF THE EXECUTIVE LAW TO REMOVE THE DISABILITY. NO  PERSON  SO
 CONVICTED  SHALL  SERVE  AS  AN OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
 ORGANIZATION, WELFARE FUND OR TRUST  UNLESS  SUCH  PERSON  HAS  BEEN  SO
 PARDONED  OR  HAS  RECEIVED  A  CERTIFICATE  OF GOOD CONDUCT. NO PERSON,
 INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
 LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
 EMPLOYMENT IN VIOLATION OF THIS SECTION.
   2. AS USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION"  SHALL  MEAN
 AND  INCLUDE  ANY  ORGANIZATION  WHICH EXISTS AND IS CONSTITUTED FOR THE
 PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
 EMPLOYERS CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT,  OR
 OF  OTHER  MUTUAL AID OR   PROTECTION; BUT IT SHALL NOT INCLUDE A FEDER-
 ATION OR CONGRESS OF LABOR ORGANIZATIONS  ORGANIZED  ON  A  NATIONAL  OR
 INTERNATIONAL  BASIS  EVEN THOUGH ONE OF ITS CONSTITUENT LABOR ORGANIZA-
 TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
   3. ANY PERSON WHO SHALL VIOLATE THIS SECTION  SHALL  BE  GUILTY  OF  A
 MISDEMEANOR  PUNISHABLE  BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
 OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   4. IF UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO  HAS  BEEN
 CONVICTED  OF  A  CRIME  OR OFFENSE SPECIFIED IN SUBDIVISION ONE OF THIS
 SECTION THE COMMISSION, IN ITS DISCRETION, DETERMINES IN AN  ORDER  THAT
 IT  WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT FOR
 SUCH EMPLOYEE TO WORK IN A PARTICULAR EMPLOYMENT FOR A  LABOR  ORGANIZA-
 TION, WELFARE FUND OR  TRUST  WITHIN  THE  MEANING OF SUBDIVISION TWO OF
 THIS  SECTION,  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL
 NOT APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT  TO
 SUCH  CONVICTION  OR  CONVICTIONS  AS  ARE SPECIFIED IN THE COMMISSION'S
 ORDER. THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR  WAGES
 A. 8808--B                         36
 
 OR  SALARY  PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A ROUTINE OR
 CLERICAL NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE  FUND
 OR TRUST BY WHICH THEY ARE EMPLOYED.
   5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
 SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
 OFFICER,  AGENT  OR  EMPLOYEE  OF  A LABOR ORGANIZATION, WELFARE FUND OR
 TRUST UNLESS SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR  SUCH  CRIME
 OR  OFFENSE  BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE
 OR JURISDICTION IN WHICH SUCH CONVICTION  WAS  HAD  OR  HAS  RECEIVED  A
 CERTIFICATE  OF  GOOD  CONDUCT OR OTHER RELIEF FROM DISABILITIES ARISING
 FROM THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR  AUTHORITY
 OR  HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER OF
 EXCEPTION FROM THE COMMISSION.   NO PERSON, INCLUDING A LABOR  ORGANIZA-
 TION,  WELFARE  FUND  OR  TRUST WITHIN THE MEANING OF SUBDIVISION ONE OF
 THIS SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR  HOLD
 ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
   6.  THE  COMMISSION  MAY  MAINTAIN  A CIVIL ACTION AGAINST ANY PERSON,
 LABOR ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO  COMPEL
 COMPLIANCE  WITH  THIS SECTION, OR TO PREVENT ANY VIOLATIONS, THE AIDING
 AND ABETTING THEREOF, OR ANY  ATTEMPT  OR  CONSPIRACY  TO  VIOLATE  THIS
 SECTION,  EITHER BY MANDAMUS, INJUNCTION OR ACTION OR PROCEEDING IN LIEU
 OF PREROGATIVE WRIT AND UPON A PROPER SHOWING  A  TEMPORARY  RESTRAINING
 ORDER OR OTHER APPROPRIATE TEMPORARY ORDER SHALL BE GRANTED EX PARTE AND
 WITHOUT  BOND  PENDING  FINAL HEARING AND DETERMINATION. NOTHING IN THIS
 SECTION SHALL BE CONSTRUED TO MODIFY, LIMIT OR RESTRICT IN ANY  WAY  THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
   § 534-S. GENERAL  VIOLATIONS;  PROSECUTIONS; PENALTIES. 1. THE FAILURE
 OF ANY WITNESS, WHEN  DULY  SUBPOENAED  TO  ATTEND,  GIVE  TESTIMONY  OR
 PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
 BY  THE  SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID FAILURE IS
 PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
   2. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS  IN
 ANY  SUCH  HEARING,  SHALL  WILLFULLY  GIVE FALSE TESTIMONY OR WHO SHALL
 WILLFULLY MAKE OR FILE ANY  FALSE  OR  FRAUDULENT  REPORT  OR  STATEMENT
 REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
 OF  A  MISDEMEANOR,  PUNISHABLE  BY A FINE OF NOT MORE THAN ONE THOUSAND
 DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR BOTH.
   3. ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS  IN
 ANY  INVESTIGATION,  INTERVIEW  OR  OTHER  PROCEEDING  CONDUCTED  BY THE
 COMMISSION PURSUANT TO THE PROVISIONS OF THIS ARTICLE,  SHALL  WILLFULLY
 GIVE  FALSE  TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
 FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT  MORE
 THAN ONE YEAR, OR BOTH.
   4.  THE  COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF THE STATE
 AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
 SECTION OR WHO FAILS, OMITS, OR NEGLECTS TO  OBEY,  OBSERVE,  OR  COMPLY
 WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
 A  MONEY  PENALTY  NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH AND EVERY
 OFFENSE.  EVERY VIOLATION OF ANY SUCH  PROVISION,  ORDER  OR  DIRECTION,
 SHALL  BE  A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF A CONTINUING
 VIOLATION, EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A  SEPA-
 RATE  AND  DISTINCT  OFFENSE.    ANY  SUCH  ACTION MAY BE COMPROMISED OR
 DISCONTINUED ON APPLICATION OF THE COMMISSION UPON  SUCH  TERMS  AS  THE
 COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
 THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
 A. 8808--B                         37
 
   5.  THE  COMMISSION  MAY MAINTAIN A CIVIL ACTION AGAINST ANY PERSON TO
 COMPEL COMPLIANCE WITH ANY OF THE PROVISIONS OF THIS ACT OR  TO  PREVENT
 VIOLATIONS,  ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS, OR
 INTERFERENCE, ATTEMPTS OR CONSPIRACIES TO INTERFERE WITH OR  IMPEDE  THE
 ENFORCEMENT  OF  ANY  SUCH PROVISIONS OR THE EXERCISE PERFORMANCE OF ANY
 POWER OR DUTY THEREUNDER,  EITHER BY MANDAMUS, INJUNCTION OR ACTION.
   6. ANY PERSON WHO VIOLATES OR ATTEMPTS OR  CONSPIRES  TO  VIOLATE  ANY
 OTHER  PROVISION  OF  THIS  ARTICLE  SHALL  BE  GUILTY OF A MISDEMEANOR,
 PUNISHABLE BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRI-
 SONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   7.  ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY REGISTRATION
 OF LONGSHORE WORKERS PURSUANT  TO  THIS  ACT  OR  WHO  CONSPIRES  TO  OR
 ATTEMPTS  TO  INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL BE GUILTY
 OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  FIVE  HUNDRED
 DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   8.  ANY  PERSON  WHO  DIRECTLY  OR INDIRECTLY INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN  ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  UPON  OR  AGAINST  ANY PERSON IN ORDER TO INDUCE OR
 COMPEL SUCH PERSON OR ANY  OTHER  PERSON  TO  REFRAIN  FROM  REGISTERING
 PURSUANT  TO  THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
 FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT
 MORE THAN ONE YEAR, OR BOTH.
   9.  ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
 OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE  FOR  WHICH  NO
 OTHER  PENALTY IS  PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
 BLE BY A FINE OF NOT  MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT
 FOR NOT MORE THAN ONE YEAR, OR BOTH.
   10.  NO  PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
 ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE,  OR  OTHER
 WATERFRONT  FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
 OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
   11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN  LAW,  DIRECTLY
 OR INDIRECTLY INTIMIDATES OR  INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
 ECONOMIC  REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
 SION, OR ANY OTHER PERSON, OR  ATTEMPTS, CONSPIRES OR  THREATENS  SO  TO
 DO,  IN  ORDER  TO INTERFERE WITH,  IMPEDE OR INFLUENCE SUCH LICENSED OR
 REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
 OR OBLIGATIONS SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF
 NOT MORE THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE
 YEAR, OR BOTH.
   12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
 ONLY A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY  LAW,
 WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
 VIOLATION.
   § 534-T. DENIAL  OF APPLICATIONS. IN ADDITION TO THE GROUNDS ELSEWHERE
 SET FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR  A
 LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
   1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
 RY THEREOF OF COERCION;
   2.  CONVICTION  BY  ANY  SUCH  COURT,  AFTER  HAVING  BEEN  PREVIOUSLY
 CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
 THIS ARTICLE, OF  A  MISDEMEANOR  OR  ANY  OF  THE  FOLLOWING  OFFENSES:
 ASSAULT,  MALICIOUS  INJURY  TO  PROPERTY,  MALICIOUS MISCHIEF, UNLAWFUL
 TAKING OF A MOTOR VEHICLE, CORRUPTION  OF  EMPLOYEES  OR  POSSESSION  OF
 LOTTERY OR NUMBER SLIPS;
 A. 8808--B                         38
 
   3.  FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
 TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING  OR  PROCEEDING
 CONDUCTED BY THE COMMISSION;
   4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
 UNDER THIS ARTICLE;
   5.  REFUSAL  ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
 OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED  BY  SUBDIVISION  TWO  OF
 SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
 FIED  IN AN APPLICATION FOR A  STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
 QUESTION OR  PRODUCE  ANY  MATERIAL  EVIDENCE  IN  CONNECTION  WITH  THE
 PERSON'S APPLICATION OR ANY APPLICATION  MADE ON THE PERSON'S BEHALF FOR
 A LICENSE OR REGISTRATION PURSUANT TO THIS ARTICLE;
   6.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH  ASSOCIATION
 CREATES  A  REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
 ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE  INIMI-
 CAL TO  THE POLICIES OF THIS ARTICLE; OR
   7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER  CIRCUMSTANCES
 WHERE  SUCH  ASSOCIATION  CREATES  A  REASONABLE BELIEF THAT THE PARTIC-
 IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE  LICENSED  UNDER
 THIS ARTICLE WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
   § 534-U. REVOCATION  OF LICENSES AND REGISTRATIONS. IN ADDITION TO THE
 GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
 ISSUED OR MADE PURSUANT THERETO MAY BE REVOKED  OR  SUSPENDED  FOR  SUCH
 PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
 REGISTRANT MAY BE REPRIMANDED, FOR:
   1.  CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO PROMOTING GAMBL-
 ING OR POSSESSION OF GAMBLING RECORDS OR SIMILAR CRIMES OR  OFFENSES  IF
 THE  CRIME  OR OFFENSE WAS COMMITTED AT OR ON A PIER OR OTHER WATERFRONT
 TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
   2. ASSAULT, OR THE ATTEMPT THEREOF, CRIMINAL MISCHIEF, OR THE  ATTEMPT
 THEREOF,  AT  OR  ON  A  WATERFRONT  TERMINAL OR ADJACENT HIGHWAY UNLESS
 JUSTIFIED OR EXCUSED BY LAW;
   3. RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON  OTHER
 THAN  A  LICENSEE'S  OR  REGISTRANT'S  EMPLOYER AS CONSIDERATION FOR THE
 SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
   4. COERCION OF A LICENSEE OR REGISTRANT TO MAKE PURCHASES FROM  OR  TO
 UTILIZE THE SERVICES OF ANY PERSON;
   5.  REFUSAL  TO  ANSWER  ANY MATERIAL QUESTION OR PRODUCE ANY EVIDENCE
 LAWFULLY REQUIRED TO BE  ANSWERED  OR  PRODUCED  AT  ANY  INVESTIGATION,
 INTERVIEW  OR  OTHER  PROCEEDING CONDUCTED BY THE COMMISSION PURSUANT TO
 THE PROVISIONS OF THIS ACT, OR, IF SUCH  REFUSAL  IS  ACCOMPANIED  BY  A
 VALID  PLEA  OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
 ORDER TO ANSWER SUCH QUESTION OR  PRODUCE  SUCH  EVIDENCE  MADE  BY  THE
 COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
 HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
   6.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH  ASSOCIATION
 CREATES  A  REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
 A. 8808--B                         39
 
 ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
 THE POLICIES OF THIS ARTICLE; OR
   7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER  CIRCUMSTANCES
 WHERE  SUCH  ASSOCIATION  CREATES  A  REASONABLE BELIEF THAT THE PARTIC-
 IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE  LICENSED  UNDER
 THIS ACT WOULD BE INIMICAL TO THE POLICIES OF THIS ARTICLE.
   § 534-V. REFUSAL  TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN ANY
 INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
 COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
 A PERSON REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF  ANY  OTHER
 KIND  ON  THE  GROUND  THAT THE PERSON MAY BE INCRIMINATED THEREBY, AND,
 NOTWITHSTANDING SUCH REFUSAL, AN ORDER IS MADE UPON  TWENTY-FOUR  HOURS'
 PRIOR  WRITTEN  NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK,
 AND TO THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING  AN  OFFI-
 CIAL  INTEREST THEREIN, BY THE COMMISSIONERS THAT SUCH PERSON ANSWER THE
 QUESTION OR PRODUCE THE EVIDENCE, SUCH  PERSON  SHALL  COMPLY  WITH  THE
 ORDER.  IF  SUCH  PERSON  COMPLIES  WITH THE ORDER, AND IF, BUT FOR THIS
 SUBDIVISION, WOULD HAVE BEEN PRIVILEGED TO WITHHOLD THE ANSWER GIVEN  OR
 THE  EVIDENCE  PRODUCED  BY THE PERSON, THEN IMMUNITY SHALL BE CONFERRED
 UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION. "IMMUNITY" AS USED  IN
 THIS  SUBDIVISION  MEANS  THAT  SUCH  PERSON  SHALL NOT BE PROSECUTED OR
 SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF  ANY  TRANS-
 ACTION,  MATTER  OR THING CONCERNING WHICH, IN ACCORDANCE WITH THE ORDER
 BY THE COMMISSION, SUCH PERSON GAVE ANSWER  OR  PRODUCED  EVIDENCE,  AND
 THAT NO SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE RECEIVED AGAINST
 THE  PERSON  UPON ANY CRIMINAL PROCEEDING.  BUT THE PERSON MAY NEVERTHE-
 LESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY PERJURY
 OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR IN  PRODUC-
 ING  OR  FAILING  TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE ORDER, AND
 ANY SUCH ANSWER GIVEN OR EVIDENCE PRODUCED SHALL BE  ADMISSIBLE  AGAINST
 THE  PERSON  UPON  ANY  CRIMINAL  PROCEEDING  CONCERNING SUCH PERJURY OR
 CONTEMPT. IMMUNITY SHALL NOT BE CONFERRED  UPON  ANY  PERSON  EXCEPT  IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS SUBDIVISION.  IF, AFTER COMPLI-
 ANCE WITH THE PROVISIONS OF THIS SUBDIVISION, A  PERSON  IS  ORDERED  TO
 ANSWER  A  QUESTION  OR  PRODUCE EVIDENCE OF ANY OTHER KIND AND COMPLIES
 WITH SUCH ORDER, AND IT  IS  THEREAFTER  DETERMINED  THAT  THE  ATTORNEY
 GENERAL  OR  APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
 CIAL INTEREST THEREIN NOT NOTIFIED, SUCH FAILURE OR  NEGLECT  SHALL  NOT
 DEPRIVE  SUCH  PERSON  OF ANY IMMUNITY OTHERWISE PROPERLY CONFERRED UPON
 THE PERSON.
   2. IF A PERSON, IN OBEDIENCE TO A SUBPOENA  DIRECTING  THE  PERSON  TO
 ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
 SHALL  NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT TO
 ARREST OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION  WITH
 MATTERS  WHICH  AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE UNDER
 THE SUBPOENA.
   § 534-W. ANNUAL PREPARATION OF A BUDGET REQUEST  AND  ASSESSMENTS.  1.
 THE  COMMISSION  SHALL  ANNUALLY SUBMIT A BUDGET REQUEST, WHICH SHALL BE
 SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
 REQUIRE.
   2. AFTER TAKING INTO ACCOUNT SUCH  FUNDS  AS  MAY  BE  AVAILABLE,  THE
 BALANCE  OF  THE  COMMISSION'S  BUDGETED EXPENSES SHALL BE ASSESSED UPON
 EMPLOYERS OF PERSONS REGISTERED OR LICENSED UNDER THIS ACT.   EACH  SUCH
 EMPLOYER  SHALL  PAY  AN  ASSESSMENT  COMPUTED  UPON  THE  GROSS PAYROLL
 A. 8808--B                         40
 
 PAYMENTS MADE BY SUCH EMPLOYER TO LONGSHORE  WORKERS,  PIER  SUPERINTEN-
 DENTS, HIRING AGENTS AND PORT WATCHERS FOR WORK OR LABOR PERFORMED WITH-
 IN THE PORT OF NEW YORK DISTRICT IN THIS STATE, AT A RATE, NOT IN EXCESS
 OF TWO PER CENT, COMPUTED BY THE COMMISSION IN THE FOLLOWING MANNER: THE
 COMMISSION SHALL ANNUALLY ESTIMATE THE GROSS PAYROLL PAYMENTS TO BE MADE
 BY  EMPLOYERS  SUBJECT  TO  ASSESSMENT  AND SHALL COMPUTE A RATE THEREON
 WHICH WILL YIELD REVENUES SUFFICIENT TO FINANCE THE COMMISSION'S  BUDGET
 FOR  EACH YEAR.  SUCH BUDGET TO BE ASSESSED UPON EMPLOYERS MAY INCLUDE A
 REASONABLE AMOUNT NOT TO EXCEED TEN PERCENT OF THE TOTAL  OF  ALL  OTHER
 ITEMS  OF  EXPENDITURE CONTAINED THEREIN, WHICH SHALL BE ALLOCATED TO AN
 APPLICABLE FUND BALANCE TO BE HELD IN THE COMMISSION'S EMPLOYERS ASSESS-
 MENT ACCOUNT.
   3. THE COMMISSION MAY PROVIDE BY REGULATION  FOR  THE  COLLECTION  AND
 AUDITING  OF ASSESSMENTS.  SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT TO
 SUCH PROVISIONS FOR ADMINISTRATION, COLLECTION AND   ENFORCEMENT AS  THE
 STATE  MAY  PROVIDE  BY LEGISLATION.   IN ADDITION TO ANY OTHER SANCTION
 PROVIDED BY LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY  LICENSE  HELD
 BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
 PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
 MENT WHEN DUE.
   4.  THE  ASSESSMENT  PURSUANT  TO THIS SECTION SHALL BE IN LIEU OF ANY
 OTHER CHARGE FOR THE ISSUANCE OF LICENSES  TO  STEVEDORES,  PIER  SUPER-
 INTENDENTS,  HIRING  AGENTS AND PIER WATCHERS OR FOR THE REGISTRATION OF
 LONGSHORE WORKERS OR THE USE OF AN EMPLOYMENT INFORMATION CENTER.    THE
 COMMISSION  SHALL  ESTABLISH REASONABLE PROCEDURES FOR THE CONSIDERATION
 OF PROTESTS BY AFFECTED EMPLOYERS CONCERNING THE ESTIMATES AND  COMPUTA-
 TION OF THE RATE OF ASSESSMENT.
   § 534-X. PAYMENT  OF  ASSESSMENT.  1.  EVERY  PERSON  SUBJECT  TO  THE
 PAYMENT OF ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION  FIVE  HUNDRED
 THIRTY-FOUR-W  OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH DAY
 OF THE FIRST MONTH OF EACH  CALENDAR  QUARTER-YEAR  A  SEPARATE  RETURN,
 TOGETHER  WITH  THE  PAYMENT  OF  THE  ASSESSMENT DUE, FOR THE PRECEDING
 CALENDAR QUARTER-YEAR DURING WHICH ANY PAYROLL  PAYMENTS  WERE  MADE  TO
 LONGSHORE  WORKERS, PIER SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHERS
 FOR WORK PERFORMED AS SUCH WITHIN THE PORT OF NEW YORK DISTRICT IN  THIS
 STATE.  RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL BE FILED
 WITH  THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND SHALL
 CONTAIN SUCH DATA, INFORMATION OR MATTER AS THE COMMISSION  MAY  REQUIRE
 TO BE INCLUDED THEREIN.  THE COMMISSION MAY GRANT A REASONABLE EXTENSION
 OF  TIME  FOR FILING RETURNS, OR FOR THE PAYMENT OF ASSESSMENT, WHENEVER
 GOOD CAUSE EXISTS.  EVERY RETURN SHALL HAVE ANNEXED  THERETO  A  CERTIF-
 ICATION TO THE EFFECT THAT THE STATEMENTS CONTAINED THEREIN ARE TRUE.
   2.  EVERY  PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
 KEEP AN ACCURATE RECORD OF THAT PERSON'S EMPLOYMENT OF  LONGSHORE  WORK-
 ERS,  PIER  SUPERINTENDENTS, HIRING AGENTS OR PORT WATCHERS, WHICH SHALL
 SHOW THE AMOUNT OF COMPENSATION PAID AND SUCH OTHER INFORMATION  AS  THE
 COMMISSION MAY REQUIRE.  SUCH RECORDS SHALL BE PRESERVED FOR A PERIOD OF
 THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES.  THE COMMIS-
 SION  MAY  CONSENT  TO  THE  DESTRUCTION OF ANY SUCH RECORDS AT ANY TIME
 AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER,  BUT  NOT  IN
 EXCESS OF SIX YEARS.
   3.  (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
 MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS  IS  AVAIL-
 ABLE  TO  IT.  WHENEVER  A  DEFICIENCY  IN  PAYMENT OF THE ASSESSMENT IS
 DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
 THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
 A. 8808--B                         41
 
 SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
 SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE  OF  SUCH  DETERMI-
 NATION,  APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
 COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME.  AFTER SUCH HEARING,
 THE  COMMISSION  SHALL  GIVE NOTICE OF ITS DECISION TO THE PERSON LIABLE
 THEREFOR. A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL  BE
 SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
 IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION.   ANY DETER-
 MINATION  UNDER  THIS  SECTION  SHALL BE MADE WITHIN FIVE YEARS FROM THE
 TIME THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH  DETERMINATION
 MAY BE MADE AT ANY TIME.
   (B)  ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE GIVEN
 BY MAILING THE SAME TO THE PERSON FOR WHOM IT IS INTENDED  AT  THE  LAST
 ADDRESS  GIVEN  BY  THAT PERSON TO THE COMMISSION, OR IN THE LAST RETURN
 FILED BY THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR,  IF  NO
 RETURN  HAS  BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE.   THE
 MAILING OF SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE  RECEIPT  OF
 SAME  BY  THE  PERSON  TO WHOM ADDRESSED.   ANY PERIOD OF TIME, WHICH IS
 DETERMINED ACCORDING TO THE PROVISIONS OF THIS SECTION, FOR  THE  GIVING
 OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
   4.  WHENEVER  ANY  PERSON  SHALL  FAIL TO PAY, WITHIN THE TIME LIMITED
 HEREIN, ANY ASSESSMENT WHICH THE  PERSON  IS  REQUIRED  TO  PAY  TO  THE
 COMMISSION  UNDER  THE  PROVISIONS  OF  THIS  SECTION THE COMMISSION MAY
 ENFORCE PAYMENT OF SUCH FEE BY CIVIL  ACTION  FOR  THE  AMOUNT  OF  SUCH
 ASSESSMENT WITH INTEREST AND PENALTIES.
   5.  THE  EMPLOYMENT  BY  A  NONRESIDENT  OF  A  LONGSHORE WORKER, OR A
 LICENSED PIER SUPERINTENDENT, HIRING AGENT OR PORT WATCHER IN THIS STATE
 OR THE DESIGNATION BY A NONRESIDENT OF A LONGSHORE WORKER,  PIER  SUPER-
 INTENDENT,  HIRING  AGENT  OR PORT WATCHER TO PERFORM WORK IN THIS STATE
 SHALL BE DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT OF  THE
 SECRETARY OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTORNEY UPON
 WHOM  MAY  BE SERVED THE PROCESS IN ANY ACTION OR PROCEEDING AGAINST THE
 NONRESIDENT GROWING  OUT OF ANY LIABILITY FOR ASSESSMENTS, PENALTIES  OR
 INTEREST,  AND A   CONSENT THAT ANY SUCH PROCESS AGAINST THE NONRESIDENT
 WHICH IS SO SERVED SHALL BE OF THE SAME LEGAL FORCE AND VALIDITY  AS  IF
 SERVED  PERSONALLY WITHIN THE STATE AND WITHIN THE TERRITORIAL JURISDIC-
 TION OF THE COURT FROM WHICH THE PROCESS ISSUES.    SERVICE  OF  PROCESS
 WITHIN THIS STATE SHALL  BE MADE BY EITHER:
   (A)  PERSONALLY  DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
 DUPLICATE COPIES THEREOF AT THE OFFICE OF THE DEPARTMENT  OF  STATE,  IN
 WHICH  EVENT  THE  SECRETARY OF STATE SHALL FORTHWITH SEND BY REGISTERED
 MAIL ONE OF SUCH COPIES TO THE PERSON AT  THE LAST ADDRESS DESIGNATED BY
 THE PERSON TO THE COMMISSION FOR ANY PURPOSE  UNDER THIS SECTION  OR  IN
 THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION  WITH THE COMMIS-
 SION  OR  AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO RETURN HAS
 BEEN FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR  OUTSIDE
 OF THE STATE; OR
   (B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
 COPY  THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY DELIVERING
 A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE.  PROOF OF
 SUCH PERSONAL SERVICE OUTSIDE OF THE STATE   SHALL  BE  FILED  WITH  THE
 CLERK  OF  THE  COURT IN WHICH THE PROCESS IS PENDING WITHIN THIRTY DAYS
 AFTER SUCH SERVICE AND SUCH SERVICE SHALL BE  COMPLETE  TEN  DAYS  AFTER
 PROOF THEREOF IS FILED.
   6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
 ASSESSMENTS  WERE  PAID  IN ERROR, IT MAY CAUSE THE SAME TO BE REFUNDED,
 A. 8808--B                         42
 
 PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
 YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
   7.  IN  ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
 SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS  TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
 UNDER,  SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
 THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE    AMOUNT
 DUE  FOR  EACH  THIRTY  DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
 UNPAID.  THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
 SUCH PENALTY.
   9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
 TION OR SHALL  WILLFULLY  FAIL  TO  FURNISH  PERTINENT  INFORMATION,  AS
 REQUIRED,  WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
 OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH.
   10.  ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY ASSESSMENT
 OR PENALTY UNDER THIS SECTION SHALL BE DEPOSITED  WITH THE  COMPTROLLER.
 THE  COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE  SECURED BY OBLI-
 GATIONS OF THE UNITED STATES OR OF THE STATE OF NEW YORK   OF  A  MARKET
 VALUE  EQUAL  AT  ALL TIMES TO THE AMOUNT OF THE DEPOSITS, AND ALL BANKS
 AND TRUST COMPANIES ARE AUTHORIZED TO  GIVE  SUCH    SECURITY  FOR  SUCH
 DEPOSITS.
   11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
 THE  COMMISSION  EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO SECTION FIVE
 HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
   § 534-Y. TRANSFER OF OFFICERS, EMPLOYEES. 1. ANY OFFICER  OR  EMPLOYEE
 IN   THE  STATE,  COUNTY  OR MUNICIPAL CIVIL SERVICE IN EITHER STATE WHO
 SHALL TRANSFER TO  SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR  MORE
 LEAVES   OF   ABSENCE   WITHOUT  PAY  AND  MAY, BEFORE THE EXPIRATION OF
 SUCH LEAVE OR LEAVES OF   ABSENCE, AND WITHOUT  FURTHER  EXAMINATION  OR
 QUALIFICATION,  RETURN  TO THE PERSON'S  FORMER POSITION OR BE CERTIFIED
 BY THE APPROPRIATE CIVIL SERVICE  AGENCY  FOR  RETRANSFER  TO  A  COMPA-
 RABLE POSITION  IN  SUCH STATE, COUNTY, OR  MUNICIPAL CIVIL  SERVICE  IF
 SUCH A POSITION IS THEN AVAILABLE.
   2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
 ANY  OFFICER  OR EMPLOYEE   MAY TRANSFER TO SERVICE WITH THE COMMISSION,
 MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
 SUCH FEDERAL AGENCY.
   3. ANY OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR  MUNICIPAL  SERVICE
 IN  NEW YORK STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION AND
 WHO IS A  MEMBER  OF THE NEW YORK STATE  AND  LOCAL  RETIREMENT  SYSTEM,
 SHALL  CONTINUE  TO  HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
 WITH RESPECT TO SUCH SYSTEM AS PROVIDED UNDER THE RETIREMENT AND  SOCIAL
 SECURITY LAW.
   §  3.  Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
 criminal procedure law, as amended by chapter 187 of the laws  of  2023,
 are amended to read as follows:
   (h)  An investigator employed by THE NEW YORK WATERFRONT COMMISSION OR
 a commission created by an interstate compact[, or  by  section  six  of
 chapter  eight hundred eighty-two of the laws of nineteen hundred fifty-
 three, constituting the waterfront commission act, as amended,] who  is,
 to a substantial extent, engaged in the enforcement of the criminal laws
 of this state;
   (k)  A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a police
 force of a public authority created by an  interstate  compact[,  or  by
 A. 8808--B                         43

 section  six of chapter eight hundred eighty-two of the laws of nineteen
 hundred fifty-three, constituting  the  waterfront  commission  act,  as
 amended,] where such force is certified in accordance with paragraph (d)
 of subdivision one of section eight hundred forty-six-h of the executive
 law;
   §  4. Subdivision 34 of section 2.10 of the criminal procedure law, as
 added by chapter 843 of the laws of 1980, is amended to read as follows:
   34. NEW YORK  Waterfront  [and  airport]  investigators,  pursuant  to
 [subdivision  four  of  section ninety-nine hundred six of the unconsol-
 idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
 that nothing in this subdivision shall be deemed to authorize such offi-
 cer to carry, possess, repair or dispose of a firearm unless the  appro-
 priate  license  therefor  has been issued pursuant to section 400.00 of
 the penal law.
   § 5. Paragraph k of subdivision 11 of section 302  of  the  retirement
 and social security law, as added by chapter 187 of the laws of 2023, is
 amended to read as follows:
   k.  Service as an investigator or sworn officer of the NEW YORK WATER-
 FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
 commission created by section six of chapter eight hundred eighty-two of
 the laws of nineteen hundred fifty-three,  constituting  the  waterfront
 commission act, as amended].
   § 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
 c of section 381-b of the retirement and social security law, as amended
 by chapter 187 of the laws of 2023, are amended to read as follows:
   a. Membership. Every member or officer of the division of state police
 in the executive department who enters or re-enters service in the divi-
 sion  on  or  after  April first, nineteen hundred sixty-nine, and every
 investigator or sworn officer employed  by  the  commission  created  by
 section  six of chapter eight hundred eighty-two of the laws of nineteen
 hundred fifty-three, constituting  the  waterfront  commission  act,  as
 amended,  on  or  after July first, two thousand twenty-three, AND EVERY
 INVESTIGATOR OR SWORN  OFFICER  EMPLOYED  BY  THE  NEW  YORK  WATERFRONT
 COMMISSION   IN  THE  EXECUTIVE  DEPARTMENT  shall  be  covered  by  the
 provisions of this section, and every member or officer of the  division
 of state police in the executive department in such service on such date
 may  elect  to be covered by the provisions of this section by filing an
 election therefor with the comptroller on or before March  thirty-first,
 nineteen  hundred  seventy-two.  To  be effective, such election must be
 duly executed and acknowledged on a form prepared by the comptroller for
 that purpose.
   (ii) for service rendered as an investigator or sworn officer  of  the
 waterfront  commission  of  New  York harbor, FOR SERVICE RENDERED AS AN
 INVESTIGATOR OR SWORN OFFICER OF THE  NEW  YORK  WATERFRONT  COMMISSION,
 [and]  for service rendered as an investigator-trainee of the waterfront
 commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
 TOR-TRAINEE OF THE NEW YORK WATERFRONT COMMISSION, that  was  creditable
 under subdivision w of section three hundred eighty-four-d of this arti-
 cle; and
   § 7. Subdivision w of section 384-d of the retirement and social secu-
 rity  law,  as  added  by chapter 407 of the laws of 2000, is amended to
 read as follows:
   w. Notwithstanding any other provision of law  to  the  contrary,  any
 member of the New York state and local police and fire retirement system
 who  was  a member of the New York state and local employees' retirement
 system while employed as an investigator-trainee, Waterfront  Commission
 A. 8808--B                         44

 of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
 not  deemed  to be police service, who [is] ARE employed by the NEW YORK
 Waterfront Commission [of New York Harbor], which is an employer  elect-
 ing  to participate in the optional twenty year retirement plan pursuant
 to this section shall be deemed to have provided police service while so
 employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
 WATERFRONT COMMISSION and shall receive creditable service  in  the  New
 York state and local police and fire retirement system for prior credit-
 able  service  in  the  New  York  state and local employees' retirement
 system earned while employed as an investigator-trainee and  shall  have
 the  period  of  such prior service credit counted as police service for
 the purpose of determining the amount of [their] SUCH  MEMBER'S  pension
 and retirement allowance and period of service needed for retirement.
   §  8.  Paragraph  (c) of subdivision 1 of section 5 of the tax law, as
 amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
 follows:
   (c)  "Covered  agency" shall mean the state of New York, any county of
 the state of New York, any department, board, bureau, commission,  divi-
 sion,  office,  council  or  agency  of  the state or any such county, a
 public authority, a public benefit corporation, the  port  authority  of
 New York and New Jersey or the waterfront commission of New York harbor.
 When  a  county is wholly included within a city, then the term "county"
 shall be read to include the city. "COVERED AGENCY" SHALL  ALSO  INCLUDE
 THE NEW YORK WATERFRONT COMMISSION.
   § 9. Paragraph 8 of subdivision (c) of section 1105 of the tax law, as
 added by chapter 190 of the laws of 1990, is amended to read as follows:
   (8)  Protective and detective services, including, but not limited to,
 all services provided by or through alarm or protective systems of every
 nature, including, but not  limited  to,  protection  against  burglary,
 theft,  fire, water damage or any malfunction of industrial processes or
 any other malfunction of or damage to property  or  injury  to  persons,
 detective  agencies,  armored car services and guard, patrol and [watch-
 man] WATCHER services of every nature other than the performance of such
 services by a port [watchman] WATCHER licensed by the  NEW  YORK  WATER-
 FRONT COMMISSION OR THE waterfront commission of New York harbor, wheth-
 er or not tangible personal property is transferred in conjunction ther-
 ewith.
   § 10. This act shall take effect June 30, 2024.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would create the New York Waterfront Commission and revise
 the Retirement and Social Security Law to make permanent the changes  of
 Chapter  187  Laws  of  2023, which added the titles of investigator and
 sworn officer employed by the Waterfront Commission Act,  to  the  defi-
 nition  of  membership  in  Section  381-b including making such service
 creditable under RSSL §381-b, and further expand creditable  service  to
 include service as an investigator-trainee.
   If this bill is enacted during the 2024 Legislative Session, we do not
 anticipate  any  additional cost to the State of New York or the partic-
 ipating employers in the New  York  State  and  Local  Police  and  Fire
 Retirement System.
   To  the  extent  that new members gain coverage under Section 381-b of
 the RSSL, we anticipate a contribution of 26.4% of salary paid to  newly
 eligible  members  for  the fiscal year ending March 31, 2025. In future
 years, this cost will vary but is expected to average  20.6%  of  salary
 annually.
 A. 8808--B                         45
 
   The  exact  number  of  current  members as well as future members who
 could be affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated January 13,  2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-082,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
 
                                  PART M
 
   Section  1.  Section  2  of part DDD of chapter 55 of the laws of 2021
 amending  the   public   authorities law relating to  the  clean  energy
 resources  development  and  incentives  program,  is amended to read as
 follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  [three years after such date] APRIL 19, 2030; provided
 however, that the amendments to section 1902 of the  public  authorities
 law  made by section one of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.
   § 1-a.  The opening paragraph of paragraph (a) and  paragraph  (b)  of
 subdivision 1 of section 1902 of the public authorities law, as added by
 section  6 of part JJJ of chapter 58 of the laws of 2020, are amended to
 read as follows:
   Locate, identify and assess sites within the state that  appear  suit-
 able  for  the development of build-ready sites with a priority given to
 previously developed sites, PROVIDED THAT VIABLE AGRICULTURAL LAND SHALL
 NOT BE DEEMED SUITABLE FOR THE DEVELOPMENT OF A BUILD-READY  SITE.  Such
 assessment  may include but need not be limited to the following consid-
 erations:
   (b) In making such assessment the authority  shall  give  priority  to
 DORMANT  ELECTRIC  GENERATING SITES, AND SHALL GIVE PREFERENCE TO previ-
 ously developed sites, existing or abandoned commercial sites, including
 without limitation brownfields, landfills, former commercial  or  indus-
 trial sites, [dormant electric generating sites,] or otherwise underuti-
 lized  sites, PROVIDED   THAT   THE  AUTHORITY SHALL NOT DEEM ANY VIABLE
 AGRICULTURAL LAND TO BE AN  OTHERWISE  UNDERUTILIZED  SITE    FOR    THE
 PURPOSES OF THIS SECTION;
   §  2.  This  act shall take effect immediately, provided, however that
 the  amendments to section 1902 of the public authorities  law  made  by
 A. 8808--B                         46
 
 section  one-a of this act shall not affect the expiration and repeal of
 such section and shall expire and be deemed repealed therewith.

                                  PART N
 
   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  microgrid,  dormant
 electric  generating sites, and vehicle charging and grid infrastructure
 needs studies in sections two, three and four of this act, and the  Fuel
 NY program shall be subject to the provisions of this section.  Notwith-
 standing 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
 $28,725,000  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  corpo-
 rations 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  corpo-
 ration  in  proportion to its intrastate electricity and gas revenues in
 the calendar year 2022.  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,  2024  and  such  amounts shall be paid to the New York state energy
 research and development authority on  or  before  September  10,  2024.
 Upon receipt, the New York state energy research and development author-
 ity  shall  deposit  such  funds  in the energy research and development
 operating fund established  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 environmental conservation 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 ascribable to moneys
 received as a result of this assessment by the chair of  the  department
 of  public  service  pursuant to section 18-a of the public service law.
 This itemized record shall include an itemized breakdown of the programs
 being funded by this section and the amount committed to  each  program.
 The  authority  shall not commit for any expenditure, any moneys derived
 from the assessment provided for in this section,  until  the  chair  of
 such  authority  shall  have  submitted,  and the director of the budget
 shall have approved, a comprehensive  financial  plan  encompassing  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 secretaries of the legislative
 fiscal committees. Any such amount not committed by  such  authority  to
 contracts  or  contracts  to  be  awarded  or  otherwise expended by the
 authority during the fiscal year shall be refunded by such authority  on
 A. 8808--B                         47
 
 a  pro-rata  basis to such gas and/or electric corporations, 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. (1) The New York state energy research and development authority,
 in  consultation  with the department of public service and the division
 of homeland security and emergency  services,  shall  prepare  a  report
 including  recommendations regarding the establishment of microgrids for
 protection of critical facilities in the state of New York. For purposes
 of this act, the term "microgrid" shall mean a group  of  interconnected
 loads and distributed energy resources within clearly defined electrical
 boundaries that acts as a single controllable entity with respect to the
 grid  and can connect and disconnect from the grid to enable it to oper-
 ate in both grid-connected or island-mode.  Specifically, the  authority
 shall develop recommendations which include, but are not limited to, the
 following:
   (a)  Whether  microgrids  should  be  established  at hospitals, first
 responder headquarters, such as  police  and  fire  stations,  emergency
 shelters,  schools, water filtration plants, sewage treatment plants and
 other critical facilities in the state of New York;
   (b) The geographic areas in the state of New York where the establish-
 ment of microgrids should be a priority, based upon prior  severe  storm
 damage  and the consideration of disadvantaged communities as defined in
 subdivision 5 of section 75-0101 of the environmental conservation  law;
 and
   (c) Available or necessary funding mechanisms for the establishment of
 microgrids.
   (2)  The authority shall submit the final report of recommendations to
 the governor, the temporary president of the senate and the  speaker  of
 the assembly within one year after the effective date of this act.
   §  3.  Within eighteen months of the effective date of this paragraph,
 the authority shall prepare a report to be submitted  to  the  governor,
 the  temporary  president of the senate and the speaker of the assembly,
 that at a minimum contains:
   (1) a survey of decommissioned or dormant electric generating sites in
 the state, and plants expected to be decommissioned or  dormant  in  the
 next eighteen months;
   (2) an identification of renewable energy development and energy stor-
 age opportunities at each such decommissioned or dormant electric gener-
 ating  sites, and whether such site should be a build ready site, and if
 not, why not;
   (3) an assessment of the economic impacts on affected  communities  of
 repowering  dormant electric generating sites with renewable energy, and
 energy storage projects, including impacts to the  local  tax  base  and
 local employment; and
   (4) an assessment of the impacts on electric system reliability.
   §  4. (1) Within nine months of the effective date of this section the
 New York state research and development authority, hereinafter  authori-
 ty,  in  consultation with the department of transportation, the depart-
 ment of motor vehicles, the New York state thruway  authority,  the  New
 York power authority, the Long Island power authority, the department of
 environmental  conservation,  the electric distribution and local trans-
 mission utilities, the New York Association  for  Pupil  Transportation,
 and freight logistics experts shall conduct a needs evaluation to:
 A. 8808--B                         48
 
   (a)  consider  planning  by  the department of transportation for fast
 charger deployment along alternative fuel corridors  and  major  freight
 corridors;
   (b)  identify  the number and location of fast chargers along priority
 highway corridors and major freight corridors, including  fast  chargers
 currently in operation and in development;
   (c)  estimate  future  need for fast charger deployment along priority
 highway and major freight corridors for the purposes of (i) facilitating
 the cost-effective and timely achievement of mandates under (A)  article
 seventy-five   of   the  environmental  conservation  law,  (B)  section
 19-0306-b of the environmental conservation law regarding zero-emissions
 vehicle sales targets, (C)  rules  and  regulations  for  zero-emissions
 vehicles  adopted by the commissioner of environmental conservation, and
 (D) other relevant and applicable federal and state rules or regulations
 or local goals to  reduce  transportation  sector  emissions;  and  (ii)
 supporting electric vehicle adoption by consumers and fleet operators;
   (d) identify the number and location of highway charging hubs, includ-
 ing  but not limited to thruway charging hubs and freight charging hubs,
 currently in operation and in development  along  priority  highway  and
 major freight corridors;
   (e)  estimate  total  charging  capacity required to serve light duty,
 medium duty, and heavy  duty  electric  vehicles  at  each  highway  and
 freight charging hub through at least the year two thousand fifty;
   (f)  identify,  to  the extent practicable, the number and location of
 commercial and public fleet vehicles in operation, including their  body
 type, fuel type, model year, zip code, and  other  relevant  information
 needed  to  forecast the number and location of zero-emissions vehicles,
 per state policy;
   (g) identify the number and location of fleet charging zones;
   (h) estimate future need for charging deployment and charging capacity
 in the fleet charging zones, sufficient to satisfy the targets and regu-
 lations identified in paragraph (c) of this subdivision;
   (i) examine ways to optimize fast charger deployment among the highway
 charging hubs, the freight charging hubs, and all  such  charging  hubs,
 and  charging  development  among the fleet charging zones to reduce the
 cost of interconnection, if deemed necessary, and electric  distribution
 and  local transmission upgrades while serving projected vehicle traffic
 volumes;
   (j) analyze and asses the total potential costs  associated  with  any
 identified need;
   (k) analyze and assess federal or state funding opportunities to mini-
 mize such costs to rate payers; and
   (l) identify the number and location of critical public charging sites
 and  estimate  future need for charging deployment and charging capacity
 for critical public charging sites.
   (2) The authority shall develop a stakeholder  engagement  process  to
 raise  consumer  awareness  and  education  across the state and solicit
 feedback from the public, local government, representatives or residents
 of environmental justice or disadvantaged communities, electric  vehicle
 manufacturers,  electric  vehicle  supply equipment manufacturers, fleet
 operators, school district transportation directors and  others  on  the
 highway  and depot charging needs evaluation.  To the extent practicable
 and consistent with applicable timelines, the authority  may  coordinate
 the  highway and depot charging needs evaluation stakeholder input proc-
 ess with the process set forth in section eighteen  hundred  eighty-four
 of this article.
 A. 8808--B                         49
 
   (3)  The  needs  evaluation  shall  be  made publicly available on the
 authority's website.
   (4)  When  conducting  the  needs  evaluation, the following locations
 shall be considered for designation as highway and/or  freight  charging
 hubs:
   (a) All thruway charging hubs.
   (b)  Additional sites or geographic areas based on (i) eligibility for
 federal, state, or other funding opportunities, including but not limit-
 ed to needs identified through the NEVI formula program  planning  proc-
 ess,  (ii)  proximity  to  electric  transmission  infrastructure, (iii)
 projected vehicle traffic, (iv) charging network  coverage,  (v)  inter-
 state  and  intrastate  commerce, (vi) benefits to environmental justice
 and disadvantaged communities,  (vii)  benefits  of  increased  charging
 accessibility  in  host  communities,  (viii) real property ownership or
 control of potential sites, (ix) relevant commitments from  site  and/or
 charging operators, and (x) other factors deemed relevant for the devel-
 opment and successful implementation of the highway charging needs eval-
 uation.
   (c)  Locations  within  one  mile  of  the priority highway corridors,
 spaced no more than fifty miles apart along the priority highway  corri-
 dors and reasonably accessible regardless of direction of travel.
   (d)  Privately operated sites which are open to the public or multiple
 commercial entities as eligible for designation as  a  highway  charging
 hub or freight charging hub, subject to reasonable restrictions.
   (e)  A  single  highway  or freight charging hub comprised of multiple
 charging service areas within a reasonable distance from one another.
   (5) When conducting the needs  evaluation,  the  following  geographic
 area criteria shall be considered when determining designations as fleet
 charging zones:
   (a)  total number of commercial and public fleet vehicles in operation
 and/or total number of fleet operators in the geographic area,
   (b) projected vehicle traffic in the geographic area,
   (c) benefits to public fleets, such as school bus operators,
   (d) benefits to environmental justice and disadvantaged communities,
   (e) relevant commitments from fleet and/or site operators  to  install
 charging equipment,
   (f)  available  capacity on the electric distribution and local trans-
 mission network to serve vehicle chargers,
   (g) ensuring equitable coverage and access to fleet charging  through-
 out the state, and
   (h) sites where private or public fleet vehicles are regularly parked,
 maintained,  or  otherwise  dispatched for service, including school bus
 garages.
   (6) As used in this  section,  the  following  terms  shall  have  the
 following meanings:
   (a) "Alternative fuel corridors" shall mean highways designated within
 the  state  pursuant  to  the  national  electric vehicle infrastructure
 formula program under 23 U.S.C.  151 and previously designated under the
 federal Fixing America's Surface Transportation Act of 2015.
   (b) "Charging needs evaluation"  shall  mean  the  highway  and  depot
 charging needs evaluation.
   (c) "Critical public charging site" shall mean a priority site for the
 deployment  of  charging  infrastructure designed to support buildout of
 charging in densely populated urban areas where access to  charging  may
 be limited.
 A. 8808--B                         50
 
   (d) "Fast charger" shall mean a direct current electric vehicle charg-
 ing port which can charge at a level of at least one hundred fifty kilo-
 watts.
   (e)  "Fleet  charging  zone" shall mean a priority geographic area for
 the deployment of charging  infrastructure  for  public  and  commercial
 fleet  operators  or owners, including school bus fleets, taxi and ride-
 share vehicle fleets.
   (f) "Freight charging hub" shall mean a priority site for the  deploy-
 ment  of  large  scale,  fast charging infrastructure, which has minimum
 station power capability at or above six hundred kilowatts and  supports
 at least one hundred fifty kilowatts per port simultaneously across four
 ports for charging. These sites may include highway charging hubs.
   (g) "Highway and depot charging needs evaluation" shall mean the needs
 evaluation developed pursuant to subdivision two of this section.
   (h)  "Highway charging hub" shall mean a priority site for the deploy-
 ment of large scale, fast charging  infrastructure,  which  has  minimum
 station  power capability at or above six hundred kilowatts and supports
 at least one hundred fifty kilowatts per port simultaneously across four
 ports for charging. These sites shall include but  are  not  limited  to
 thruway charging hubs.
   (i) "Major freight corridor" shall mean segments of the freight trans-
 portation  network identified by the federal highway administration that
 carry more than fifty million tons per year, including highway  segments
 that  carry  at  least eight thousand five hundred trucks per day, addi-
 tional highway segments and parallel rail lines that together  carry  at
 least   eight  thousand  five  hundred  truck,  trailer-on-flatcar,  and
 container-on-flatcar payloads of typically  high-value,  time  sensitive
 cargo,  and  rail  lines  and waterways that carry fifty million tons in
 bulk cargo per year.
   (j) "NEVI" shall mean the  national  electric  vehicle  infrastructure
 program established under the federal Infrastructure Investment and Jobs
 Act of 2021.
   (k)  "Priority highway corridor" shall mean alternative fuel corridors
 and other state and county highways identified  in  the  charging  needs
 evaluation  as  appropriate  to ensure sufficient and equitable charging
 access throughout the state.
   (l) "Thruway charging hubs"  shall  mean  all  highway  service  areas
 controlled,  leased,  owned,  or  operated by the New York state thruway
 authority.
   § 5. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART O
 
   Section 1. Short title, legislative findings and declaration. This act
 shall be known and may be cited as the "renewable action through project
 interconnection  and  deployment  (RAPID) act".   The legislature hereby
 finds and declares that:
   1. To timely achieve the renewable energy and greenhouse gas reduction
 targets established pursuant to the  climate  leadership  and  community
 protection  act ("CLCPA"), while contemporaneously maintaining the reli-
 ability of the state's electric transmission system, action is needed to
 consolidate and expedite the  environmental  review  and  permitting  of
 major  renewable  energy  facilities  and  major electric utility trans-
 mission facilities.
 A. 8808--B                         51
 
   2. Since enactment of the CLCPA,  it  has  become  apparent  that  the
 State's  bulk and local transmission facilities need to be significantly
 upgraded to  deliver  renewable  energy  to  load.    These  significant
 upgrades in the bulk and local transmission system must be undertaken in
 an  expedited  timeframe  consistent  with  the timeframe to achieve the
 CLCPA targets.
   3. In the context of achieving the  CLCPA  targets,  a  public  policy
 purpose  would be served and the interests of the people of the state of
 New York would be advanced by transferring the Office of Renewable Ener-
 gy Siting ("ORES"), currently under the auspices of  the  Department  of
 State,  to  the  Department of Public Service ("DPS") and providing such
 office with additional responsibilities for the review and permitting of
 major electric transmission facilities as set forth in this act.
   4. The legislature finds that such a transfer would combine the  long-
 standing  expertise  of DPS related to transmission siting, planning and
 compliance with environmental  and  reliability  standards  with  ORES's
 expertise related to the siting of renewable energy resources and, in so
 doing, create synergies, and otherwise provide for more efficient siting
 of major renewable energy and transmission facilities.
   § 2. Section 94-c of the executive law is REPEALED.
   §  3.  Transfer  of Office of Renewable Energy Siting. ORES, an office
 established in the Department of  State  by  the  Accelerated  Renewable
 Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
 ter  58  of  the  laws of 2020, is hereby transferred to and established
 within the DPS, and shall  continue  to  have  all  existing  functions,
 powers,  duties and obligations of ORES together with the new additional
 functions, powers, duties and obligations set forth in this act.
   § 4.   Continuity of existing  functions,  powers,  duties  and  obli-
 gations.  All of the existing functions, powers, obligations, and duties
 granted  to  ORES by section 94-c of the executive law now repealed, are
 hereby transferred, and shall be deemed to and held  to  constitute  the
 continuation  of such functions, powers, duties and obligations of ORES,
 and not a different agency, authority, department or office.  All appli-
 cations pending before ORES on the effective date of this act  shall  be
 considered  and treated as applications filed pursuant to this act as of
 the date of filing of such applications.
   § 5. Transfer of employees.  1. Upon the transfer of  such  functions,
 powers,  duties and obligations pursuant to this act, provision shall be
 made for the transfer of all  employees  of  ORES  situated  within  the
 department  of state into DPS pursuant to subdivision 2 of section 70 of
 the civil service law.  Employees so transferred  shall  be  transferred
 without  further  examination  or  qualification  to the same or similar
 titles, shall remain in the same collective bargaining units  and  shall
 retain their respective civil service classifications, status and rights
 pursuant  to their collective bargaining units and collective bargaining
 agreements.
   2.  All   employees hired after the effective  date  of  this  section
 shall, consistent with the provisions of article 14 of the civil service
 law,  be  classified  in the same bargaining units. Employees other than
 management or confidential persons as defined in article 14 of the civil
 service law serving positions in newly created titles shall be  assigned
 to  the  appropriate  bargaining unit. Nothing contained herein shall be
 construed to affect:
   (a) the rights of employees pursuant to a collective bargaining agree-
 ment; or
 A. 8808--B                         52
 
   (b) the representational relationships among employee organizations or
 the bargaining relationships between the state and an employee organiza-
 tion.
   §  6.  Transfer of records. All records, including but not limited to,
 books, papers, and property of ORES shall be transferred  and  delivered
 to DPS.
   § 7. Transfer and continuation of regulations; conforming changes. All
 rules  and  regulations of ORES adopted at 19 NYCRR part 900 in force at
 the time of the transfer of ORES to DPS shall continue in full force and
 effect as rules and regulations of the department until duly modified or
 abrogated by such department; 19 NYCRR part 900 shall be and  hereby  is
 transferred  to 16 NYCRR part XXX, with such conforming changes as shall
 be required to reflect the transfer and relocation of  ORES  to  DPS  as
 provided  in  this  act,  and  shall  continue in full force and effect.
 Provided, however, that such conforming  changes  are  limited  to  such
 substitutions  of numbering, names, titles, citations and other non-sub-
 stantive amendments that are necessary only to effectuate  the  transfer
 and  relocation of ORES to DPS, the changes may be filed with the secre-
 tary of state without the need  for  additional  proceedings  under  the
 state  administrative  procedure  act  or section 101-a of the executive
 law, and shall continue in full force and effect.
   § 8. Promulgation of rules and regulations. The ORES  in  consultation
 with  DPS  shall be authorized to promulgate regulations on an emergency
 basis to ensure the implementation of this act.
   § 9. Intentionally omitted.
   § 10. The public service law is amended by adding a new section 3-c to
 read as follows:
   § 3-C.  OFFICE OF RENEWABLE ENERGY SITING AND  ELECTRIC  TRANSMISSION.
 1.  DEFINITIONS.   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
 TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
   (B) "ORES" AND "OFFICE" SHALL MEAN  THE  OFFICE  OF  RENEWABLE  ENERGY
 SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
   (C)  "SITING  PERMIT"  SHALL  MEAN THE MAJOR RENEWABLE ENERGY FACILITY
 SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT  ISSUED  BY
 THE  EXECUTIVE  DIRECTOR  PURSUANT TO ARTICLE EIGHT OF THIS CHAPTER, AND
 THE RULES AND REGULATIONS PROMULGATED BY ORES.
   2. GENERAL POWERS AND RESPONSIBILITIES.   (A) THERE IS  HEREBY  ESTAB-
 LISHED  IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
 TRIC TRANSMISSION.
   (B) ORES SHALL ACCEPT APPLICATIONS AND  EVALUATE,  ISSUE,  AMEND,  AND
 APPROVE  THE  ASSIGNMENT  AND/OR  TRANSFER OF SITING PERMITS PURSUANT TO
 ARTICLE EIGHT OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY  AND
 THROUGH THE EXECUTIVE DIRECTOR.
   (C)  ORES,  BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL BE AUTHORIZED
 TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS,  ISSUE  PERMITS,
 AND  ADOPT  SUCH  RULES, REGULATIONS AND PROCEDURES AS MAY BE NECESSARY,
 CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION  AND
 ARTICLE EIGHT OF THIS CHAPTER.
   (D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
 OFFICE  OF  RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
 NINETY-FOUR-C OF THE EXECUTIVE LAW.  ALL PERMITS ISSUED  BY  THE  FORMER
 OFFICE  OF  RENEWABLE  ENERGY  SITING,  ESTABLISHED  PURSUANT  TO FORMER
 SECTION NINETY-FOUR-C OF THE EXECUTIVE  LAW,  AND  ALL  CERTIFICATES  OF
 ENVIRONMENTAL  COMPATIBILITY  AND  PUBLIC  NEED ISSUED BY THE COMMISSION
 A. 8808--B                         53

 PURSUANT TO ARTICLE SEVEN OF THIS CHAPTER SHALL BE  CONSIDERED  FOR  ALL
 LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
   (E)  ALL  FINAL  SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
 THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
 SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW  ARE  HEREBY  ENFORCEABLE  BY
 ORES  AND  THE  DEPARTMENT  PURSUANT  TO SECTION TWENTY-FIVE AND SECTION
 TWENTY-SIX OF THIS ARTICLE AS IF ISSUED BY THE COMMISSION,  EXCEPT  THAT
 SUCH  PERMITS  ISSUED  TO  COMBINATION GAS AND ELECTRIC CORPORATIONS ARE
 ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSUANT TO SECTION  TWENTY-
 FIVE-A OF THIS ARTICLE.
   (F)  AT  THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
 ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT  AND  RENDER  SERVICES  TO  THE
 OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
   §  10-a.  Continuity  of  exiting functions, powers, duties, and obli-
 gations.  All of the existing functions, powers, duties, and obligations
 of the Farmland protection working group,  and  duties  granted  to  the
 Farmland  protection  working group by section 94-c of the executive law
 now repealed, are hereby transferred, and shall be deemed  and  held  to
 constitute  the continuation of such functions, powers, duties and obli-
 gations of the Farmland protection working group and not to a  different
 agency, authority, department or office.
   § 11. Articles 8 of the public service law, as added by chapter 708 of
 the  laws  of  1978 and as added by chapter 385 of the laws of 1972, are
 REPEALED and a new article 8 is added to read as follows:
 
                               ARTICLE VIII
           SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION
 
 SECTION 136. PURPOSE.
         137. DEFINITIONS.
         138. GENERAL  PROVISIONS  RELATED  TO   ESTABLISHING   STANDARDS
                RELATED TO SITING MAJOR RENEWABLE ENERGY FACILITIES.
         139. GENERAL   PROVISIONS   RELATED  TO  ESTABLISHING  STANDARDS
                RELATED TO SITING MAJOR ELECTRIC TRANSMISSION FACILITIES.
         140. APPLICABILITY RELATED  TO  SITING  MAJOR  RENEWABLE  ENERGY
                FACILITIES.
         141. APPLICABILITY RELATED TO SITING MAJOR ELECTRIC TRANSMISSION
                FACILITIES.
         142. APPLICATION,  NOTICE AND REVIEW RELATING TO MAJOR RENEWABLE
                ENERGY FACILITY SITING.
         143. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR  ELECTRIC
                TRANSMISSION FACILITY SITING.
         144. MUNICIPAL  INVOLVEMENT;  POWERS OF MUNICIPALITIES AND STATE
                AGENCIES.
         145. FEES; LOCAL AGENCY ACCOUNT.
         146. JUDICIAL REVIEW.
         147. FARMLAND PROTECTION WORKING GROUP.
   § 136. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO  CONSOLIDATE  THE
 ENVIRONMENTAL  REVIEW,  PERMITTING,  AND  SITING  IN THIS STATE OF MAJOR
 RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC  TRANSMISSION  FACILITIES
 SUBJECT  TO  THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM FOR THE
 COORDINATED AND TIMELY REVIEW OF  SUCH  PROJECTS  TO  MEET  THE  STATE'S
 RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
 MISSION  SYSTEM,  WHILE  ALSO ENSURING THE PROTECTION OF THE ENVIRONMENT
 AND CONSIDERATION OF ALL PERTINENT SOCIAL,  ECONOMIC  AND  ENVIRONMENTAL
 A. 8808--B                         54
 
 FACTORS  IN  THE  DECISION  TO PERMIT SUCH PROJECTS AS MORE SPECIFICALLY
 PROVIDED IN THIS ARTICLE.
   § 137. DEFINITIONS.  WHERE  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED  IN  THE
 CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO  THOUSAND  NINETEEN,  INCLUDING  BUT  NOT
 LIMITED  TO  THE  REQUIREMENT  THAT  A MINIMUM OF SEVENTY PERCENT OF THE
 STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
 TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY  THE  STATEWIDE
 ELECTRICAL  DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
 MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY  GENERATION
 BY  TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
 ATION BY TWO THOUSAND TWENTY-FIVE AND  TO  SUPPORT  THREE  GIGAWATTS  OF
 STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
   2.  "DORMANT  ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
 OR MORE ELECTRIC GENERATING  FACILITIES  PRODUCED  ELECTRICITY  BUT  HAS
 PERMANENTLY CEASED OPERATING.
   3.  "MAJOR  ELECTRIC  TRANSMISSION  FACILITY" MEANS AN ELECTRIC TRANS-
 MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED  TWENTY-FIVE  KILOVOLTS
 OR  MORE  EXTENDING  A  DISTANCE  OF ONE MILE OR MORE, OR OF ONE HUNDRED
 KILOVOLTS OR MORE AND  LESS  THAN  ONE  HUNDRED  TWENTY-FIVE  KILOVOLTS,
 EXTENDING  A  DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
 MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION  LINE  LOCATED  WHOLLY
 UNDERGROUND  IN  A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
 TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE  FEDERAL
 ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
 TY.
   4.  "MAJOR  RENEWABLE  ENERGY  FACILITY"  MEANS  ANY  RENEWABLE ENERGY
 SYSTEM, AS SUCH TERM IS  DEFINED  IN SECTION SIXTY-SIX-P OF  THIS  CHAP-
 TER, WITH A NAMEPLATE GENERATING CAPACITY  OF TWENTY-FIVE THOUSAND KILO-
 WATTS  OR  MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
 SUCH A RENEWABLE ENERGY  SYSTEM  PRIOR  TO DELIVERING   IT TO  THE  BULK
 TRANSMISSION  SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
 PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN  TEN  MILES
 IN  LENGTH  IN  ORDER  TO  PROVIDE ACCESS TO LOAD AND  TO INTEGRATE SUCH
 FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
   5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE,  OR  INTEREST  IN
 REAL  PROPERTY  SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
 FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
   6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT,  COMMISSION
 OR  GOVERNING  BODY,  INCLUDING  ANY  CITY,  COUNTY, AND OTHER POLITICAL
 SUBDIVISION OF THE STATE.
   7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE  ACCOUNT  ESTAB-
 LISHED IN SUBDIVISION SEVEN OF FORMER SECTION NINETY-FOUR-C OF THE EXEC-
 UTIVE  LAW  AND  CONTINUED  IN  SECTION  ONE  HUNDRED FORTY-FIVE OF THIS
 SECTION.
   8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
   9. "RIGHT-OF-WAY" SHALL MEAN:
   (A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED  FOR  ELECTRIC
 UTILITY PURPOSES; OR
   (B)  REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF
 THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
 BY MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED  TO
 BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
 A. 8808--B                         55
 
   10.  "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
 TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS  CHAP-
 TER.
   11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
 TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
   12.  "MAJOR  RENEWABLE  ENERGY  FACILITY SITING PERMIT" SHALL MEAN THE
 SITING PERMIT ISSUED TO A MAJOR RENEWABLE ENERGY FACILITY BY THE  EXECU-
 TIVE  DIRECTOR  PURSUANT  TO THIS ARTICLE, AND THE RULES AND REGULATIONS
 PROMULGATED BY ORES.
   13. "MAJOR ELECTRIC TRANSMISSION FACILITY SITING  PERMIT"  SHALL  MEAN
 THE  SITING  PERMIT  ISSUED TO A MAJOR ELECTRIC TRANSMISSION FACILITY BY
 THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
 LATIONS PROMULGATED BY ORES.
   § 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
 SITING MAJOR RENEWABLE ENERGY FACILITIES. 1. (A) ORES SHALL  BE  AUTHOR-
 IZED  TO  ESTABLISH  AND AMEND A SET OF UNIFORM STANDARDS AND CONDITIONS
 FOR THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF EACH TYPE OF MAJOR
 RENEWABLE ENERGY FACILITY SUBJECT TO THIS  ARTICLE  RELEVANT  TO  ISSUES
 THAT ARE COMMON FOR PARTICULAR CLASSES AND CATEGORIES OF MAJOR RENEWABLE
 ENERGY FACILITIES, IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPART-
 MENT,  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF  AGRICULTURE
 AND  MARKETS,  AND  OTHER  RELEVANT  STATE AGENCIES AND AUTHORITIES WITH
 SUBJECT MATTER EXPERTISE.
   (B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO  THIS
 SUBDIVISION  SHALL  BE  DESIGNED  TO  AVOID  OR MINIMIZE, TO THE MAXIMUM
 EXTENT PRACTICABLE,  ANY  POTENTIAL  SIGNIFICANT  ADVERSE  ENVIRONMENTAL
 IMPACTS  RELATED  TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A
 MAJOR RENEWABLE ENERGY FACILITY. SUCH UNIFORM STANDARDS  AND  CONDITIONS
 SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
 EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
   (C)  IN  ITS  REVIEW  OF  AN  APPLICATION FOR A MAJOR RENEWABLE ENERGY
 FACILITY SITING PERMIT TO DEVELOP  A  MAJOR-RENEWABLE  ENERGY  FACILITY,
 ORES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 SHALL  IDENTIFY  THOSE  SITE-SPECIFIC  ADVERSE ENVIRONMENTAL IMPACTS, IF
 ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A SPECIFIC  PROPOSED  MAJOR
 RENEWABLE  ENERGY FACILITY AND ARE UNABLE TO BE ADDRESSED BY THE UNIFORM
 STANDARDS AND CONDITIONS.   ORES SHALL DRAFT IN  CONSULTATION  WITH  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SITE-SPECIFIC PERMIT TERMS AND
 CONDITIONS FOR SUCH IMPACTS, INCLUDING PROVISIONS FOR THE  AVOIDANCE  OR
 MITIGATION  THEREOF, TAKING INTO ACCOUNT THE CLCPA TARGETS AND THE ENVI-
 RONMENTAL BENEFITS OF THE  PROPOSED  MAJOR  RENEWABLE  ENERGY  FACILITY;
 PROVIDED,  HOWEVER,  THAT  ORES  SHALL  REQUIRE  THAT THE APPLICATION OF
 UNIFORM STANDARDS AND  CONDITIONS  AND  SITE-SPECIFIC  CONDITIONS  SHALL
 ACHIEVE  A  NET  CONSERVATION  BENEFIT  TO  ANY  IMPACTED ENDANGERED AND
 THREATENED SPECIES.
   2. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
 ADDRESSED BY UNIFORM STANDARDS AND CONDITIONS  AND  SITE-SPECIFIC  MAJOR
 RENEWABLE ENERGY FACILITY SITING PERMIT CONDITIONS PROPOSED BY ORES, AND
 ORES  DETERMINES THAT MITIGATION OF SUCH IMPACTS MAY BE ACHIEVED BY OFF-
 SITE MITIGATION, ORES MAY REQUIRE PAYMENT OF A FEE BY THE  APPLICANT  TO
 ACHIEVE  SUCH  OFF-SITE  MITIGATION. IF ORES DETERMINES, IN CONSULTATION
 WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THAT  MITIGATION  OF
 IMPACTS  TO ENDANGERED OR THREATENED SPECIES THAT ACHIEVES A NET CONSER-
 VATION BENEFIT CAN BE ACHIEVED BY OFF-SITE MITIGATION, THE AMOUNT TO  BE
 PAID  FOR SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE FINAL MAJOR
 A. 8808--B                         56

 RENEWABLE ENERGY FACILITY SITING PERMIT. ORES  MAY  REQUIRE  PAYMENT  OF
 FUNDS  SUFFICIENT  TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO THE ENDAN-
 GERED AND THREATENED SPECIES MITIGATION  FUND  ESTABLISHED  PURSUANT  TO
 SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   3.  ORES,  IN CONSULTATION WITH THE DEPARTMENT, SHALL PROMULGATE RULES
 AND REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO  IMPLEMENT
 THE  SITING  PERMIT  PROGRAM  ESTABLISHED IN THIS ARTICLE AND PROMULGATE
 MODIFICATIONS TO SUCH RULES  AND  REGULATIONS  AS  IT  DEEMS  NECESSARY;
 PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
 APPLICATIONS  ON  AFFECTED  MUNICIPALITIES  AND  POLITICAL  SUBDIVISIONS
 SIMULTANEOUSLY WITH SUBMISSION OF AN APPLICATION.
   § 139. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
 SITING MAJOR ELECTRIC TRANSMISSION  FACILITIES.  1.  (A)  WITHIN  TWELVE
 MONTHS  OF  THE EFFECTIVE DATE OF THIS SECTION, ORES SHALL, IN CONSULTA-
 TION WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT  AUTHORITY,  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND OTHER AGEN-
 CIES WITH SUBJECT MATTER EXPERTISE, ESTABLISH A SET OF UNIFORM STANDARDS
 AND  CONDITIONS  FOR  THE SITING, DESIGN, CONSTRUCTION, AND OPERATION OF
 MAJOR ELECTRIC TRANSMISSION FACILITIES SUBJECT TO THIS ARTICLE  RELEVANT
 TO ISSUES THAT ARE COMMON TO SUCH PROJECTS. PRIOR TO ADOPTION OF UNIFORM
 STANDARDS  AND CONDITIONS, THE OFFICE SHALL HOLD FOUR PUBLIC HEARINGS IN
 DIFFERENT REGIONS OF THE STATE TO SOLICIT  COMMENT  FROM  MUNICIPAL,  OR
 POLITICAL SUBDIVISIONS, AND THE PUBLIC ON PROPOSED UNIFORM STANDARDS AND
 CONDITIONS  TO  AVOID,  MINIMIZE  OR MITIGATE POTENTIAL ADVERSE ENVIRON-
 MENTAL IMPACTS FROM THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF  A
 MAJOR ELECTRIC TRANSMISSION FACILITY.
   (B)  THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 ARTICLE SHALL BE DESIGNED TO MINIMIZE ADVERSE IMPACTS ON ACTIVE  FARMING
 OPERATIONS.
   (C)  THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 ARTICLE SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO  THE  MAXIMUM  EXTENT
 PRACTICABLE,  ANY  POTENTIAL  SIGNIFICANT  ADVERSE ENVIRONMENTAL IMPACTS
 RELATED TO THE SITING, DESIGN, CONSTRUCTION, AND OPERATION  OF  A  MAJOR
 ELECTRIC  TRANSMISSION  FACILITY.  SUCH UNIFORM STANDARDS AND CONDITIONS
 SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
 MAJOR ELECTRIC TRANSMISSION FACILITIES.
   (D) IN ITS REVIEW OF AN APPLICATION FOR A MAJOR ELECTRIC  TRANSMISSION
 FACILITY  SITING PERMIT TO DEVELOP A MAJOR ELECTRIC TRANSMISSION FACILI-
 TY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION, SHALL IDENTIFY THOSE ADVERSE SITE-SPECIFIC ENVIRONMENTAL  IMPACTS,
 IF  ANY,  THAT  MAY  BE  CAUSED OR CONTRIBUTED TO BY A SPECIFIC PROPOSED
 MAJOR ELECTRIC TRANSMISSION FACILITY AND ARE UNABLE TO BE  ADDRESSED  BY
 THE  UNIFORM  STANDARDS AND CONDITIONS. ORES SHALL DRAFT IN CONSULTATION
 WITH THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  SITE-SPECIFIC  MAJOR
 ELECTRIC  TRANSMISSION  FACILITY  SITING PERMIT TERMS AND CONDITIONS FOR
 SUCH IMPACTS, INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THER-
 EOF, TAKING INTO ACCOUNT THE CLCPA TARGETS, THE  ENVIRONMENTAL  BENEFITS
 OF, AND PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILI-
 TY;  PROVIDED,  HOWEVER, THAT ORES SHALL REQUIRE THAT THE APPLICATION OF
 UNIFORM STANDARDS AND  CONDITIONS  AND  SITE-SPECIFIC  CONDITIONS  SHALL
 ACHIEVE  A  NET  CONSERVATION  BENEFIT  TO  ANY  IMPACTED ENDANGERED AND
 THREATENED SPECIES.
   (E)  UPON  THE  ESTABLISHMENT  OF  UNIFORM  STANDARDS  AND  CONDITIONS
 REQUIRED  BY THIS SECTION AND THE PROMULGATION OF REGULATIONS SPECIFYING
 THE CONTENT OF AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY
 A. 8808--B                         57
 
 SITING PERMIT, AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY
 SITING PERMIT SHALL ONLY BE MADE PURSUANT TO THIS ARTICLE.
   2. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
 ADDRESSED  BY  UNIFORM  STANDARDS AND CONDITIONS AND SITE-SPECIFIC MAJOR
 ELECTRIC TRANSMISSION FACILITY  SITING  PERMIT  CONDITIONS  PROPOSED  BY
 ORES,  AND  ORES  DETERMINES  THAT  MITIGATION  OF  SUCH  IMPACTS MAY BE
 ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT OF  A  FEE  BY
 THE  APPLICANT  TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES DETERMINES,
 IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THAT
 MITIGATION  OF IMPACTS TO ENDANGERED OR THREATENED SPECIES THAT ACHIEVES
 A NET CONSERVATION BENEFIT CAN BE ACHIEVED BY OFF-SITE  MITIGATION,  THE
 AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE
 FINAL  MAJOR  ELECTRIC  TRANSMISSION  FACILITY  SITING  PERMIT. ORES MAY
 REQUIRE PAYMENT OF FUNDS SUFFICIENT TO  IMPLEMENT  SUCH  OFF-SITE  MITI-
 GATION  INTO  THE ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   3. WHEN EVALUATING THE MAJOR  ELECTRIC  TRANSMISSION  FACILITY  SITING
 PERMIT  APPLICATION ORES SHALL IDENTIFY, AND MAKE PUBLIC THROUGH A WRIT-
 TEN OPINION, THE BASIS OF THE PUBLIC NEED, WHICH SHALL,  AT  A  MINIMUM,
 INCLUDE WHETHER THE PROPOSED PROJECT CONFORMS TO LONG-RANGE PLANS RELAT-
 ING TO THE EXPANSION OF THE ELECTRIC POWER GRID AND INTERCONNECTED UTIL-
 ITY  SYSTEMS  OR  WAS  INCLUDED  OR  CONSIDERED  IN THE POWER GRID STUDY
 REQUIRED PURSUANT TO SECTION SEVEN OF PART JJJ OF CHAPTER FIFTY-EIGHT OF
 THE LAWS OF TWO THOUSAND TWENTY FOR A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE  CONTRA-
 RY,  ORES  SHALL  ONLY GRANT MAJOR ELECTRIC TRANSMISSION FACILITY SITING
 PERMITS TO SUCH PROJECTS THAT: (I) DEMONSTRATE A QUALIFIED PUBLIC  NEED,
 (II)  ARE  IN  THE  PUBLIC  AND  RATEPAYER  INTEREST, (III) IDENTIFY AND
 ADDRESS THE ADVERSE ENVIRONMENTAL IMPACTS OF THE  FACILITY  PURSUANT  TO
 THE  UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS ARTI-
 CLE AND ANY SITE-SPECIFIC MAJOR ELECTRIC  TRANSMISSION  FACILITY  SITING
 PERMIT  CONDITIONS  APPLIED  TO  THE FACILITY, OR OTHERWISE MITIGATED AS
 PROVIDED IN THIS ARTICLE, AND (IV) MINIMIZE, TO THE EXTENT  PRACTICABLE,
 SIGNIFICANT ADVERSE IMPACTS ON ACTIVE FARMING.
   §  140. APPLICABILITY RELATED TO SITING MAJOR RENEWABLE ENERGY FACILI-
 TIES. 1. NO PERSON SHALL COMMENCE THE PREPARATION  OF  A  SITE  FOR,  OR
 BEGIN  THE  CONSTRUCTION  OF,  A  MAJOR RENEWABLE ENERGY FACILITY IN THE
 STATE, OR INCREASE THE CAPACITY OF AN EXISTING  MAJOR  RENEWABLE  ENERGY
 FACILITY, WITHOUT HAVING FIRST OBTAINED A MAJOR RENEWABLE ENERGY FACILI-
 TY  SITING  PERMIT  PURSUANT TO THIS ARTICLE. ANY MAJOR RENEWABLE ENERGY
 FACILITY SUBJECT TO THIS ARTICLE WITH RESPECT TO WHICH A  SITING  PERMIT
 IS  ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR OPERATED EXCEPT
 IN CONFORMITY WITH SUCH MAJOR RENEWABLE ENERGY  FACILITY  SITING  PERMIT
 AND  ANY  TERMS,  LIMITATIONS, OR CONDITIONS CONTAINED THEREIN, PROVIDED
 THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY FROM COMPLI-
 ANCE WITH FEDERAL LAWS AND REGULATIONS.
   2. A MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT ISSUED BY ORES  MAY
 BE TRANSFERRED OR ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE
 OFFICE,  TO  A  PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS
 AND CONDITIONS CONTAINED IN SUCH MAJOR RENEWABLE ENERGY FACILITY  SITING
 PERMIT.
   3.  ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A MAJOR RENEWABLE
 ENERGY FACILITY SITING PERMIT UNDER THIS SECTION. AN AMENDMENT INITIATED
 BY ORES OR A PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERIAL INCREASE
 IN ANY ADVERSE ENVIRONMENTAL IMPACT OR INVOLVES A SUBSTANTIAL CHANGE  TO
 THE  TERMS  OR  CONDITIONS  OF  A MAJOR RENEWABLE ENERGY FACILITY SITING
 A. 8808--B                         58

 PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING  REQUIREMENTS  OF
 THIS SECTION.
   4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
 SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
 TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
 PLACE.
   5. THIS SECTION SHALL NOT APPLY:
   (A) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
 CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
 THIS ARTICLE, WHENEVER BUILT, WHICH ARE PERFORMED IN THE ORDINARY COURSE
 OF  BUSINESS  AND  WHICH DO NOT CONSTITUTE A VIOLATION OF ANY APPLICABLE
 EXISTING MAJOR RENEWABLE ENERGY FACILITY PERMIT;
   (B) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE  THE  EFFEC-
 TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
 LICENSE,  PERMIT,  CERTIFICATE,  CONSENT  OR  APPROVAL FROM ANY FEDERAL,
 STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY.
   § 141. APPLICABILITY RELATED TO  SITING  MAJOR  ELECTRIC  TRANSMISSION
 FACILITIES.  1.  EXCEPT AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION FIVE
 OF THIS SECTION, ON AND AFTER TWELVE MONTHS AFTER THE EFFECTIVE DATE  OF
 THIS ARTICLE, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR, OR
 BEGIN  CONSTRUCTION  OF,  A  MAJOR ELECTRIC TRANSMISSION FACILITY IN THE
 STATE WITHOUT HAVING FIRST OBTAINED A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY SITING PERMIT ISSUED WITH RESPECT TO SUCH FACILITY PURSUANT TO  THIS
 ARTICLE. THE REPLACEMENT OF EXISTING WITH LIKE FACILITIES, AS DETERMINED
 BY ORES, SHALL NOT CONSTITUTE THE CONSTRUCTION OF A MAJOR UTILITY TRANS-
 MISSION  FACILITY.  ANY  MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO
 THIS ARTICLE WITH RESPECT TO WHICH A MAJOR ELECTRIC TRANSMISSION FACILI-
 TY SITING PERMIT IS ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR
 OPERATED EXCEPT IN CONFORMITY  WITH  SUCH  MAJOR  ELECTRIC  TRANSMISSION
 FACILITY  SITING  PERMIT  AND  ANY  TERMS,  LIMITATIONS,  OR  CONDITIONS
 CONTAINED THEREIN, PROVIDED  THAT  NOTHING  IN  THIS  SUBDIVISION  SHALL
 EXEMPT SUCH FACILITY FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
   2. A MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT ISSUED BY ORES
 MAY BE TRANSFERRED OR ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF
 THE  OFFICE,  TO  A PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITA-
 TIONS AND CONDITIONS  CONTAINED  IN  SUCH  MAJOR  ELECTRIC  TRANSMISSION
 FACILITY SITING PERMIT.
   3.  ORES  OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A MAJOR ELECTRIC
 TRANSMISSION FACILITY SITING PERMIT UNDER  THIS  SECTION.  AN  AMENDMENT
 INITIATED BY ORES OR A PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERI-
 AL  INCREASE  IN ANY ADVERSE ENVIRONMENTAL IMPACT OR INVOLVES A SUBSTAN-
 TIAL CHANGE TO THE TERMS OR CONDITIONS OF A MAJOR ELECTRIC  TRANSMISSION
 FACILITY  SITING  PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING
 REQUIREMENTS OF THIS SECTION.
   4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
 SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
 TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
 PLACE.
   5. THIS SECTION SHALL NOT APPLY:
   (A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY  AGENCY
 OR  DEPARTMENT  OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
 HAS JURISDICTION CONCURRENT WITH THAT OF THE  STATE  AND  HAS  EXERCISED
 A. 8808--B                         59
 
 SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
 STATE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN SHALL BE CONSTRUED TO
 EXPAND FEDERAL JURISDICTION;
   (B) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
 PURSUANT  TO  ARTICLE  SEVEN  OF THIS CHAPTER AND ITS IMPLEMENTING REGU-
 LATIONS IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STAN-
 DARDS AND CONDITIONS REQUIRED PURSUANT TO SUBDIVISION ONE OF SECTION ONE
 HUNDRED THIRTY-NINE OF THIS ARTICLE.
   6. AFTER THE EFFECTIVE DATE OF THIS ARTICLE, ANY PERSON  INTENDING  TO
 CONSTRUCT  A  MAJOR  ELECTRIC  TRANSMISSION  FACILITY EXCLUDED FROM THIS
 SECTION PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE  OF  THIS  SECTION
 MAY  ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
 AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY SITING  PERMIT
 PURSUANT TO THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
   §  142.  APPLICATION,  NOTICE,  AND REVIEW RELATING TO MAJOR RENEWABLE
 ENERGY FACILITY SITING. 1. ORES SHALL, WITHIN SIXTY DAYS OF ITS  RECEIPT
 OF  AN  APPLICATION FOR A MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT,
 DETERMINE WHETHER THE APPLICATION IS COMPLETE AND NOTIFY  THE  APPLICANT
 OF  ITS  DETERMINATION.  IF ORES DOES NOT DEEM THE APPLICATION COMPLETE,
 ORES SHALL SET FORTH IN WRITING DELIVERED TO THE APPLICANT  THE  REASONS
 WHY IT HAS DETERMINED THE APPLICATION TO BE INCOMPLETE. IF ORES FAILS TO
 MAKE  A  DETERMINATION  WITHIN  THE FOREGOING SIXTY-DAY TIME PERIOD, THE
 APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT THE APPLI-
 CANT MAY CONSENT TO AN EXTENSION OF THE SIXTY-DAY TIME PERIOD FOR DETER-
 MINING APPLICATION COMPLETENESS. PROVIDED, FURTHER, THAT NO  APPLICATION
 MAY  BE  COMPLETE WITHOUT PROOF OF CONSULTATION WITH THE MUNICIPALITY OR
 POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED TO BE LOCATED, OR AN
 AGENCY THEREOF, INCLUDING THE PROVISIONS OF SECTION ONE  HUNDRED  FORTY-
 FOUR OF THIS ARTICLE, PRIOR TO SUBMISSION OF AN APPLICATION TO ORES.
   2.  NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
 TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
 VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH  FOR  PUBLIC  COMMENT
 DRAFT  PERMIT  CONDITIONS  PREPARED  BY THE OFFICE, WHICH COMMENT PERIOD
 SHALL BE FOR A MINIMUM OF SIXTY DAYS  FROM  PUBLIC  NOTICE  THEREOF,  OR
 NOTICE  OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE SHALL
 INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE  MUNICI-
 PALITIES  OR  POLITICAL SUBDIVISIONS; (II) WRITTEN NOTICE TO EACH MEMBER
 OF THE LEGISLATURE THROUGH WHOSE DISTRICT THE FACILITY PROPOSED  IN  THE
 APPLICATION  WOULD  BE  LOCATED;  (III) PUBLICATION IN A NEWSPAPER OR IN
 ELECTRONIC FORM, HAVING GENERAL CIRCULATION IN  SUCH  MUNICIPALITIES  OR
 POLITICAL  SUBDIVISIONS; AND (IV) POSTING THE NOTICE ON THE OFFICE'S AND
 THE DEPARTMENT'S WEBSITE.
   3. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION  PUBLISHED  BY  ORES
 PURSUANT  TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
 OR POLITICAL SUBDIVISION OR AGENCY THEREOF, MEMBER OF  THE  LEGISLATURE,
 LANDOWNERS,  OR  MEMBERS  OF THE PUBLIC, RAISE A SUBSTANTIVE AND SIGNIF-
 ICANT ISSUE, AS DEFINED IN REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE,
 THAT REQUIRES ADJUDICATION, ORES SHALL PROMPTLY FIX A DATE FOR AN  ADJU-
 DICATORY  HEARING  TO  HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT
 THERETO.   IN ANY SUCH ADJUDICATORY HEARING,  ORES  OR  THE  DEPARTMENT,
 SHALL  DESIGNATE  MEMBERS OF ITS STAFF TO REPRESENT THE PUBLIC INTEREST,
 AS WELL AS THE INTERESTS OF MUNICIPALITIES NOT PARTICIPATING.
   4. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH  IN
 THIS  SECTION,  AND  FOLLOWING  THE  CONCLUSION  OF A HEARING UNDERTAKEN
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
 A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS  AND
 A. 8808--B                         60
 
 AN  ASSESSMENT  OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
 HEARING, THE EXECUTIVE OFFICER OR  ANY  PERSON  TO  WHOM  THE  EXECUTIVE
 DIRECTOR  HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
 ING  REPORT.  A  FINAL MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT MAY
 ONLY BE ISSUED IF ORES  MAKES  A  FINDING  THAT  THE  PROPOSED  PROJECT,
 TOGETHER  WITH  ANY  APPLICABLE  UNIFORM AND SITE-SPECIFIC STANDARDS AND
 CONDITIONS, WOULD COMPLY WITH APPLICABLE LAWS AND REGULATIONS. IN MAKING
 A FINAL SITING PERMIT DETERMINATION WITH RESPECT TO  A  MAJOR  RENEWABLE
 ENERGY  FACILITY,  ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
 LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES  A
 PUBLIC  FINDING  THROUGH  A  WRITTEN  OPINION  THAT,  AS  APPLIED TO THE
 PROPOSED FACILITY, IT IS UNREASONABLY BURDENSOME IN VIEW  OF  THE  CLCPA
 TARGETS AND THE ENVIRONMENTAL BENEFITS, OF THE PROPOSED RENEWABLE ENERGY
 FACILITY.
   5. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
 ORES  SHALL  MAKE  A FINAL DECISION ON A MAJOR RENEWABLE ENERGY FACILITY
 SITING PERMIT WITHIN ONE YEAR FROM THE DATE THE APPLICATION  WAS  DEEMED
 COMPLETE,  OR WITHIN SIX MONTHS FROM THE DATE THE APPLICATION WAS DEEMED
 COMPLETE IF SUCH APPLICATION RELATES TO A MAJOR RENEWABLE ENERGY FACILI-
 TY THAT IS PROPOSED TO BE SITED ON AN EXISTING OR  ABANDONED  COMMERCIAL
 USE  SITE,  INCLUDING WITHOUT LIMITATION, BROWNFIELDS, LANDFILLS, FORMER
 COMMERCIAL OR INDUSTRIAL SITES, DORMANT ELECTRIC GENERATING  SITES,  AND
 ABANDONED  OR  OTHERWISE  UNDERUTILIZED SITES, AS FURTHER DEFINED BY THE
 REGULATIONS PROMULGATED BY OR IN EFFECT UNDER THIS ARTICLE. UNLESS  ORES
 AND  THE  APPLICANT  HAVE  AGREED  TO  AN EXTENSION AND IF A FINAL MAJOR
 RENEWABLE ENERGY FACILITY SITING PERMIT DECISION HAS NOT  BEEN  MADE  BY
 ORES  WITHIN SUCH TIME PERIOD, THEN SUCH MAJOR RENEWABLE ENERGY FACILITY
 SITING PERMIT SHALL BE DEEMED TO HAVE BEEN AUTOMATICALLY GRANTED FOR ALL
 PURPOSES SET FORTH IN THIS ARTICLE AND ALL UNIFORM  CONDITIONS  OR  SITE
 SPECIFIC  PERMIT  CONDITIONS  ISSUED FOR PUBLIC COMMENT SHALL CONSTITUTE
 ENFORCEABLE PROVISIONS OF THE MAJOR  RENEWABLE  ENERGY  FACILITY  SITING
 PERMIT; PROVIDED, HOWEVER, THAT WHERE ANY PORTION OF THE PROPOSED FACIL-
 ITY IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE APPLICANT,
 AT THE TIME SUCH PERMIT MAY BE DEEMED TO BE AUTOMATICALLY GRANTED, LACKS
 A  VALID AND ENFORCEABLE TITLE OR EASEMENT TO SUCH RELEVANT PROPERTY, NO
 SUCH PERMIT MAY BE AUTOMATICALLY  GRANTED.  THE  FINAL  MAJOR  RENEWABLE
 ENERGY  FACILITY  SITING  PERMIT SHALL INCLUDE A PROVISION REQUIRING THE
 PERMITTEE TO PROVIDE A HOST COMMUNITY  BENEFIT,  WHICH  MAY  BE  A  HOST
 COMMUNITY  BENEFIT  AS  DETERMINED BY THE COMMISSION PURSUANT TO SECTION
 EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE  LAWS  OF  TWO  THOUSAND
 TWENTY  OR  SUCH  OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
 AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
   § 143. APPLICATION, NOTICE, AND  REVIEW  RELATING  TO  MAJOR  ELECTRIC
 TRANSMISSION  FACILITY  SITING. 1. ORES SHALL, WITHIN ONE HUNDRED TWENTY
 DAYS AFTER ITS RECEIPT OF AN APPLICATION FOR  A  MAJOR  ELECTRIC  TRANS-
 MISSION  FACILITY  SITING  PERMIT,  DETERMINE WHETHER THE APPLICATION IS
 COMPLETE AND NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES DOES NOT
 DEEM THE APPLICATION COMPLETE, IT SHALL SET FORTH IN  WRITING  DELIVERED
 TO THE APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE
 INCOMPLETE.  IF  ORES FAILS TO MAKE A DETERMINATION WITHIN THE FOREGOING
 ONE HUNDRED TWENTY DAY TIME PERIOD,  THE  APPLICATION  SHALL  BE  DEEMED
 COMPLETE; PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTEN-
 SION  OF THE ONE HUNDRED TWENTY DAY TIME PERIOD FOR DETERMINING APPLICA-
 TION  COMPLETENESS.  PROVIDED,  FURTHER,  THAT  NO  APPLICATION  MAY  BE
 COMPLETE  WITHOUT  PROOF  OF CONSULTATION WITH THE MUNICIPALITY OR POLI-
 TICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED TO  BE  LOCATED,  OR  AN
 A. 8808--B                         61
 
 AGENCY  THEREOF,  INCLUDING THE PROVISIONS OF SECTION ONE HUNDRED FORTY-
 FOUR OF THIS ARTICLE, PRIOR TO SUBMISSION OF AN APPLICATION TO ORES.
   2. (A) IN ADDITION TO ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
 APPLICATION  FOR  A  MAJOR  ELECTRIC TRANSMISSION FACILITY SITING PERMIT
 SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE FOLLOWING  INFOR-
 MATION: (I) THE LOCATION OF THE SITE OR RIGHT-OF-WAY; (II) A DESCRIPTION
 OF THE TRANSMISSION FACILITY TO BE BUILT THEREON; (III) A SUMMARY OF ANY
 STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL IMPACT OF THE PROJECT,
 AND  A  DESCRIPTION  OF  SUCH  STUDIES;  (IV) A STATEMENT EXPLAINING THE
 PUBLIC NEED FOR THE FACILITY; (V) A DESCRIPTION OF ANY REASONABLE ALTER-
 NATE LOCATION OR LOCATIONS FOR THE PROPOSED FACILITY, A  DESCRIPTION  OF
 THE  COMPARATIVE MERITS AND DETRIMENTS OF EACH LOCATION SUBMITTED, AND A
 STATEMENT OF THE REASONS WHY THE PRIMARY PROPOSED LOCATION IS BEST SUIT-
 ED FOR THE FACILITY; (VI)  COPIES  OF  ANY  STUDIES  OF  THE  ELECTRICAL
 PERFORMANCE  AND  SYSTEM  IMPACTS OF THE FACILITY PERFORMED BY THE STATE
 GRID OPERATOR PURSUANT TO ITS TARIFF; AND (VII) SUCH  OTHER  INFORMATION
 AS  THE  APPLICANT  MAY  CONSIDER  RELEVANT  OR  ORES  MAY BY REGULATION
 REQUIRE.
   (B) TO THE GREATEST EXTENT PRACTICABLE,  EACH  LANDOWNER  OF  LAND  ON
 WHICH  ANY  PORTION  OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
 SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S  PROPERTY
 MAY BE IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW TO FILE WITH ORES
 A  NOTICE  OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS
 AND THE TIMEFRAME FOR FILING SUCH APPLICATION.
   3. NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN  APPLICA-
 TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
 VANT  STATE  AGENCY  OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
 DRAFT PERMIT CONDITIONS PREPARED BY THE  OFFICE,  WHICH  COMMENT  PERIOD
 SHALL  BE  FOR  A MINIMUM OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF. SUCH
 PUBLIC NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED  TO:  (I)  WRITTEN
 NOTICE  TO  THE  MUNICIPALITIES AND POLITICAL SUBDIVISIONS, IN WHICH THE
 MAJOR ELECTRIC UTILITY TRANSMISSION IS PROPOSED TO  BE  LOCATED  AND  TO
 LANDOWNERS NOTIFIED OF THE APPLICATION PURSUANT TO PARAGRAPH (C) OF THIS
 SUBDIVISION;  (II)  WRITTEN  NOTICE  TO  EACH  MEMBER OF THE LEGISLATURE
 THROUGH WHOSE DISTRICT THE FACILITY OR ANY  ALTERNATE  PROPOSED  IN  THE
 APPLICATION  WOULD  PASS  AND  IN  THE  EVENT  THAT SUCH FACILITY OR ANY
 PORTION THEREOF IS LOCATED WITHIN THE ADIRONDACK PARK OR TUG  HILL,  THE
 ADIRONDACK  PARK  AGENCY  AND  TUG  HILL  COMMISSION RESPECTIVELY; (III)
 PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC FORM, HAVING GENERAL  CIRCU-
 LATION  IN SUCH MUNICIPALITIES OR POLITICAL SUBDIVISIONS; AND (IV) POST-
 ING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE.
   4. IF PUBLIC COMMENTS ON A DRAFT SITING PERMIT CONDITION PUBLISHED  BY
 ORES  PURSUANT TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICI-
 PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS, MEMBER OF
 THE LEGISLATURE, OR MEMBERS OF  THE  PUBLIC,  RAISE  A  SUBSTANTIVE  AND
 SIGNIFICANT  ISSUE,  AS  DEFINED IN REGULATIONS ADOPTED PURSUANT TO THIS
 ARTICLE, THAT REQUIRES ADJUDICATION, ORES SHALL PROMPTLY FIX A DATE  FOR
 AN  ADJUDICATORY  HEARING  TO  HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH
 RESPECT THERETO; PROVIDED, HOWEVER,  THAT  ANY  PORTION  OF  A  PROPOSED
 PROJECT  WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH THE
 APPLICANT LACKS A RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH  LAND-
 OWNER  WITH  AN  OPPORTUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC
 NEED GIVEN IN SUCH APPLICATION. IN ANY SUCH ADJUDICATORY  HEARING,  ORES
 OR THE DEPARTMENT, SHALL DESIGNATE MEMBERS OF ITS STAFF TO REPRESENT THE
 PUBLIC  INTEREST, AS WELL AS THE INTERESTS OF MUNICIPALITIES NOT PARTIC-
 IPATING.
 A. 8808--B                         62
 
   5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH  IN
 THIS  SECTION,  AND  FOLLOWING  THE  CONCLUSION  OF A HEARING UNDERTAKEN
 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, ORES SHALL, IN THE CASE OF
 A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS  AND
 AN  ASSESSMENT  OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
 HEARING, THE EXECUTIVE OFFICER OR  ANY  PERSON  TO  WHOM  THE  EXECUTIVE
 DIRECTOR  HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
 ING REPORT. A FINAL MAJOR ELECTRIC FACILITY TRANSMISSION  SITING  PERMIT
 MAY  ONLY  BE  ISSUED  IF  ORES MAKES A PUBLIC FINDING THROUGH A WRITTEN
 OPINION THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE  UNIFORM
 AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
 LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
 RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY, ORES MAY ELECT NOT TO
 APPLY, IN WHOLE OR IN PART, ANY LOCAL LAW OR ORDINANCE THAT WOULD OTHER-
 WISE  BE  APPLICABLE  IF  IT  MAKES  A  FINDING  THAT, AS APPLIED TO THE
 PROPOSED FACILITY, IT IS UNREASONABLY BURDENSOME IN VIEW  OF  THE  CLCPA
 TARGETS, THE ENVIRONMENTAL BENEFITS, OR THE PUBLIC NEED FOR THE PROPOSED
 PROJECT.
   6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
 ORES SHALL MAKE A FINAL DECISION ON A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY  SITING  PERMIT  WITHIN  ONE  YEAR FROM THE DATE THE APPLICATION WAS
 DEEMED COMPLETE. UNLESS ORES AND THE APPLICANT HAVE AGREED TO AN  EXTEN-
 SION  AND  IF A FINAL MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT
 DECISION HAS NOT BEEN MADE BY ORES WITHIN SUCH TIME  PERIOD,  THEN  SUCH
 SITING PERMIT SHALL BE DEEMED TO HAVE BEEN AUTOMATICALLY GRANTED FOR ALL
 PURPOSES  SET  FORTH  IN THIS ARTICLE AND ALL UNIFORM CONDITIONS OR SITE
 SPECIFIC PERMIT CONDITIONS ISSUED FOR PUBLIC  COMMENT  SHALL  CONSTITUTE
 ENFORCEABLE PROVISIONS OF SUCH SITING PERMIT; PROVIDED, HOWEVER, THAT NO
 SUCH  PERMIT  MAY BE AUTOMATICALLY GRANTED WITH RESPECT TO A MAJOR ELEC-
 TRIC TRANSMISSION FACILITY SITING PERMIT WHERE:
   (A) ANY PORTION OF THE PROPOSED FACILITY IS TO BE LOCATED ON THE  LAND
 OF  A  LANDOWNER FOR WHICH THE APPLICANT, AT THE TIME SUCH PERMIT MAY BE
 DEEMED TO BE AUTOMATICALLY GRANTED, LACKS A VALID AND ENFORCEABLE RIGHT-
 OF-WAY AGREEMENT;
   (B) ORES HAS NOT MADE PUBLIC A WRITTEN OPINION ARTICULATING THE  BASIS
 OF PUBLIC NEED PURSUANT TO SECTION ONE HUNDRED THIRTY-NINE OF THIS ARTI-
 CLE.
   § 144. MUNICIPAL INVOLVEMENT; POWERS OF MUNICIPALITIES AND STATE AGEN-
 CIES.  1.  APPLICANTS SHALL, PRIOR TO FILING AN APPLICATION FOR A SITING
 PERMIT, CONDUCT MEETINGS WITH THE RESPECTIVE CHIEF EXECUTIVE OFFICER  OF
 ALL MUNICIPALITIES IN WHICH THE PROPOSED MAJOR RENEWABLE ENERGY FACILITY
 OR  MAJOR ELECTRIC TRANSMISSION FACILITY WILL BE LOCATED.  SUCH MEETINGS
 SHALL INCLUDE A MEANINGFUL DISCUSSION OF THE  SPECIFIC  PROJECT  DETAILS
 WITH  A  FOCUS ON THOSE DETAILS THAT ARE PARTICULAR TO THE MUNICIPALITY.
 THE APPLICANT SHALL PROVIDE, AS PART OF THE APPLICATION, COPIES OF TRAN-
 SCRIPTS, PRESENTATION MATERIALS, AND A SUMMARY OF QUESTIONS RAISED,  AND
 RESPONSES  PROVIDED  DURING  SUCH  MEETINGS  WITH MUNICIPALITIES. IN THE
 EVENT THE APPLICANT IS UNABLE TO SECURE A MEETING WITH A RELEVANT  MUNI-
 CIPALITY  THE APPLICATION SHALL CONTAIN A DETAILED EXPLANATION OF ALL OF
 THE APPLICANT'S BEST EFFORTS AND  REASONABLE  ATTEMPTS  TO  SECURE  SUCH
 MEETING,  INCLUDING,  BUT  NOT  LIMITED  TO,  ALL WRITTEN COMMUNICATIONS
 BETWEEN THE APPLICANT AND THE MUNICIPALITY.  ORES  SHALL  NOT  DEEM  ANY
 APPLICATION  COMPLETE  WITHOUT  FINDING AN APPLICANT COMPLIANT WITH THIS
 SECTION.
   2. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR  AN  AGENCY  THEREOF
 THAT HAS RECEIVED NOTICE OF THE FILING OF AN APPLICATION  FOR  A  SITING
 A. 8808--B                         63
 
 PERMIT,  PURSUANT  TO  REGULATIONS  PROMULGATED  IN ACCORDANCE WITH THIS
 ARTICLE, THE MUNICIPALITY OR POLITICAL  SUBDIVISION  OR  AGENCY  THEREOF
 SHALL,  WITHIN THE TIMEFRAMES ESTABLISHED BY SECTIONS ONE HUNDRED FORTY-
 TWO  AND  ONE HUNDRED FORTY-THREE OF THIS ARTICLE, SUBMIT A STATEMENT TO
 ORES INDICATING WHETHER ANY PROPOSED PROJECT IS DESIGNED  TO  BE  SITED,
 CONSTRUCTED  AND  OPERATED  IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND
 REGULATIONS, IF ANY, CONCERNING THE ENVIRONMENT, OR  PUBLIC  HEALTH  AND
 SAFETY.  IN  THE  EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN
 AGENCY THEREOF SUBMITS A STATEMENT TO ORES THAT SUCH PROPOSED PROJECT IS
 NOT DESIGNED TO BE SITED, CONSTRUCTED OR  OPERATED  IN  COMPLIANCE  WITH
 LOCAL  LAWS AND REGULATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICA-
 TORY HEARING ON THE APPLICATION, ORES SHALL  HOLD    A  NON-ADJUDICATORY
 PUBLIC  HEARING IN OR NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES OR
 POLITICAL SUBDIVISIONS.
   3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, INCLUD-
 ING WITHOUT LIMITATION ARTICLE EIGHT OF THE  ENVIRONMENTAL  CONSERVATION
 LAW AND ARTICLE SEVEN OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT
 OR AUTHORITY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR ANY AGENCY
 THEREOF  MAY,  EXCEPT  AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE
 RULES AND  REGULATIONS  PROMULGATED  UNDER  THIS  ARTICLE,  REQUIRE  ANY
 APPROVAL,  CONSENT,  PERMIT,  CERTIFICATE, CONTRACT, AGREEMENT, OR OTHER
 CONDITION FOR  THE  DEVELOPMENT,  DESIGN,  CONSTRUCTION,  OPERATION,  OR
 DECOMMISSIONING OF A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC
 TRANSMISSION  FACILITY WITH RESPECT TO WHICH AN APPLICATION FOR A SITING
 PERMIT HAS BEEN FILED, PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL
 SUBDIVISION OR AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE
 FILING OF THE APPLICATION THEREFOR. NOTWITHSTANDING THE  FOREGOING,  THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING AGENCY
 FOR PERMITS ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED
 PROGRAMS.
   4. THIS SECTION SHALL NOT IMPAIR OR ABROGATE  ANY  FEDERAL,  STATE  OR
 LOCAL  LABOR  LAWS  OR  ANY  OTHERWISE  APPLICABLE  STATE  LAW  FOR  THE
 PROTECTION OF EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION  OF  A
 MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
   5.  ORES  AND  THE  DEPARTMENT  SHALL  MONITOR, ENFORCE AND ADMINISTER
 COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN  A  SITING  PERMIT
 ISSUED  PURSUANT  TO  THIS  ARTICLE  AND IN DOING SO MAY USE AND RELY ON
 AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
   § 145. FEES; LOCAL AGENCY ACCOUNT. 1. EACH APPLICATION  FOR  A  SITING
 PERMIT  SHALL  BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO THE FOLLOW-
 ING:
   (A) FOR A MAJOR RENEWABLE ENERGY FACILITY, ONE  THOUSAND  DOLLARS  FOR
 EACH  THOUSAND  KILOWATTS  OF  CAPACITY  OF THE PROPOSED MAJOR RENEWABLE
 ENERGY FACILITY;
   (B) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED  TWENTY-
 FIVE  KILOVOLTS  OR MORE EXTENDING A DISTANCE OF OVER ONE HUNDRED MILES,
 FOUR HUNDRED FIFTY THOUSAND DOLLARS;
   (C) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED  TWENTY-
 FIVE  KILOVOLTS  OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES TO ONE
 HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
   (D) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW  RIGHT-
 OF-WAY  AND  ONE  HUNDRED  TWENTY-FIVE  KILOVOLTS  OR  MORE  EXTENDING A
 DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
   (E) FOR A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING  AN  EXISTING
 RIGHT-OF-WAY  AND  ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A
 DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
 A. 8808--B                         64
 
   2. SUCH FEE IS TO BE DEPOSITED IN THE LOCAL AGENCY ACCOUNT ESTABLISHED
 IN SUBDIVISION SEVEN OF FORMER SECTION NINETY-FOUR-C  OF  THE  EXECUTIVE
 LAW,  FOR THE BENEFIT OF LOCAL AGENCIES AND COMMUNITY INTERVENORS 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. ORES, IN CONSULTATION WITH THE DEPARTMENT, MAY  UPDATE  THE
 FEE  PERIODICALLY  SOLELY TO ACCOUNT FOR INFLATION. THE PROCEEDS OF SUCH
 ACCOUNT SHALL BE DISBURSED BY THE OFFICE, IN ACCORDANCE WITH ELIGIBILITY
 AND PROCEDURES ESTABLISHED BY THE RULES AND REGULATIONS  PROMULGATED  BY
 ORES  OR  THE DEPARTMENT PURSUANT TO THIS ARTICLE OR IN EFFECT AS OF THE
 EFFECTIVE DATE OF THIS ARTICLE, FOR THE PARTICIPATION OF LOCAL  AGENCIES
 AND  COMMUNITY  INTERVENORS  IN PUBLIC COMMENT PERIODS OR HEARING PROCE-
 DURES ESTABLISHED BY THIS ARTICLE, INCLUDING THE RULES  AND  REGULATIONS
 PROMULGATED  HERETO;  PROVIDED  THAT  FEES MUST BE DISBURSED FOR MUNICI-
 PALITIES, POLITICAL SUBDIVISIONS OR  AN  AGENCY  THEREOF,  TO  DETERMINE
 WHETHER  A  PROPOSED  PROJECT  IS  DESIGNED TO BE SITED, CONSTRUCTED AND
 OPERATED IN COMPLIANCE WITH THE APPLICABLE LOCAL LAWS AND REGULATIONS.
   3. ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND  DEVEL-
 OPMENT AUTHORITY 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 ACCOUNT BALANCES  AND  ACTIV-
 ITIES  FOR  EACH  FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH
 REPORT TO THE OFFICE NO LATER THAN NINETY  DAYS  AFTER  COMMENCEMENT  OF
 SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
   4.  TO  THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
 ARTICLE SEVEN OR TEN OF THIS CHAPTER AND HAS NOW  FILED  AN  APPLICATION
 FOR  A  SITING  PERMIT  PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN
 INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLE SEVEN OR TEN OF  THIS
 CHAPTER FOR THAT PROJECT SHALL BE APPLIED TO THE LOCAL AGENCY ACCOUNT.
   5.  IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
 OR THE DEPARTMENT, PURSUANT TO  REGULATIONS  ADOPTED  PURSUANT  TO  THIS
 ARTICLE,  MAY  ASSESS  A FEE ON APPLICANTS FOR THE PURPOSE OF RECOVERING
 COSTS INCURRED BY THE OFFICE; PROVIDED, HOWEVER, THAT  PUBLIC  UTILITIES
 AND  RATEPAYERS  THAT  ARE SUBJECT TO SECTION EIGHTEEN-A OF THIS CHAPTER
 SHALL NOT BE ASSESSED A FEE FOR  SUCH  COSTS.    PROVIDED  FURTHER  THAT
 NEITHER  ORES  NOR  THE  DEPARTMENT,  MAY  ESTABLISH SUCH FEES UNTIL ALL
 NECESSARY RULES AND REGULATIONS RELATING TO THE OPERATION OF THE  ENDAN-
 GERED  AND THREATENED SPECIES MITIGATION BANK FUND, ESTABLISHED PURSUANT
 TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW,  ARE  FINALIZED  AND
 SUCH FUND IS OPERATIONAL.
   6.  IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION, ORES
 OR THE DEPARTMENT, PURSUANT TO  REGULATIONS  ADOPTED  PURSUANT  TO  THIS
 ARTICLE,  MAY  ASSESS A FEE FOR THE PURPOSE OF RECOVERING COSTS INCURRED
 BY THE NEW YORK STATE  ENERGY  RESEARCH  AND    DEVELOPMENT    AUTHORITY
 PURSUANT    TO TITLE NINE-C   OF ARTICLE EIGHT OF THE PUBLIC AUTHORITIES
 LAW; PROVIDED, HOWEVER,  THAT  PUBLIC  UTILITIES  THAT  ARE  SUBJECT  TO
 SECTION  EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED A FEE FOR SUCH
 COSTS.
   § 146. JUDICIAL REVIEW. 1. ANY PARTY  AGGRIEVED  BY  THE  ISSUANCE  OR
 DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
 SUCH DECISION AS PROVIDED IN THIS SECTION.
   2.  A  JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD DEPARTMENT OF
 THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE  OF  NEW  YORK.
 SUCH  PROCEEDING  SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH
 COURT WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY  ORES
 TOGETHER  WITH  PROOF  OF  SERVICE OF A DEMAND ON ORES TO FILE WITH SAID
 A. 8808--B                         65
 
 COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
 A COPY OF ORES'S DECISION AND OPINION. ORES'S COPY OF  SAID  TRANSCRIPT,
 DECISION  AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
 PARTIES  FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
 DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY  OF  THE  RECORD
 AND  A  COPY  OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
 HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE  POWER  TO  GRANT
 SUCH  RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
 ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
 SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART  SUCH
 DECISION.  THE  APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
 OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF  FACT  ON
 WHICH  SUCH  DECISION  IS  BASED  SHALL  BE  CONCLUSIVE  IF SUPPORTED BY
 SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS  OF
 JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
 LATE  DIVISION  OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
 AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF  APPEALS  IN
 THE  SAME  MANNER  AND  FORM  AND  WITH  THE SAME EFFECT AS PROVIDED FOR
 APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
 DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME  COURT  AND  BY  THE
 COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
 OVER ALL OTHER MATTERS.
   3.  THE  GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
 TO WHETHER THE DECISION AND OPINION OF ORES ARE:
   (A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS  OF  THE
 STATE AND THE UNITED STATES;
   (B)  SUPPORTED  BY  SUBSTANTIAL  EVIDENCE IN THE RECORD AND MATTERS OF
 JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
   (C) WITHIN THE STATUTORY JURISDICTION OR AUTHORITY  OF  ORES  AND  THE
 DEPARTMENT;
   (D)  MADE  IN  ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
 ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
   (E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
   (F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
 CITIZENS AFFECTED BY THE FACILITY OR PROJECT REGARDLESS  OF  AGE,  RACE,
 COLOR, NATIONAL ORIGIN AND INCOME.
   4.  EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
 TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
   § 147. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS  HEREBY  CREATED
 IN THE DEPARTMENT OF AGRICULTURE AND MARKETS A FARMLAND PROTECTION WORK-
 ING  GROUP  CONSISTING  OF  APPROPRIATE  STAKEHOLDERS, INCLUDING BUT NOT
 LIMITED TO:
   (A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
   (C) THE EXECUTIVE DIRECTOR OF ORES;
   (D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
   (E) THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
 MENT AUTHORITY;
   (F)  LOCAL  GOVERNMENT  OFFICIALS  OR  REPRESENTATIVES  FROM MUNICIPAL
 ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
   (G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
 PROTECTION BOARDS.
   2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, RECOMMEND  STRATEGIES  TO
 ENCOURAGE AND FACILITATE INPUT FROM MUNICIPALITIES IN THE SITING PROCESS
 OF  MAJOR  RENEWABLE  ENERGY  FACILITIES AND MAJOR ELECTRIC TRANSMISSION
 A. 8808--B                         66

 FACILITIES AND TO DEVELOP RECOMMENDATIONS  THAT  INCLUDE  APPROACHES  TO
 RECOGNIZE  THE VALUE OF VIABLE AGRICULTURAL LAND AND METHODS TO MINIMIZE
 ADVERSE IMPACTS TO ANY SUCH LAND RESULTING  FROM  THE  SITING  OF  MAJOR
 RENEWABLE ENERGY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES.
   3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
 AGRICULTURE  AND  MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
 AT SUCH OTHER TIMES AS MAY BE NECESSARY.
   § 12. The public service law is amended by adding a new section 174 to
 read as follows:
   § 174. MAJOR STEAM ELECTRIC GENERATING  FACILITIES  CERTIFICATES.  ANY
 CERTIFICATE  OF  ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED TO A
 MAJOR STEAM ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE  EIGHT
 OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
 MENT  AS  IF SUCH CERTIFICATE WAS ISSUED UNDER ARTICLE TEN OF THIS CHAP-
 TER.
   § 13. Subdivision (B) of section 206 of the eminent  domain  procedure
 law is amended to read as follows:
   (B)  pursuant  to  article VII [or article VIII] of the public service
 law it obtained a certificate of environmental compatibility and  public
 need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
 MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT or;
   §  14.  Subparagraph  (g) of paragraph 3 of subdivision (B) of section
 402 of the eminent domain procedure law is amended to read as follows:
   (g) if the property is to be used for  the  construction  of  a  major
 utility  transmission facility, as defined in section one hundred twenty
 of the public service law[, or major steam electric generating  facility
 as  defined  in  section  one hundred forty of such law] with respect to
 which a certificate of environmental compatibility and public  need  has
 been  issued  under such law, a statement that such certificate relating
 to such property has been issued and is in force, OR IF THE PROPERTY  IS
 TO BE USED FOR THE CONSTRUCTION OF  A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY,  AS  DEFINED  UNDER  ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW, WITH
 RESPECT TO WHICH A MAJOR ELECTRIC TRANSMISSION  FACILITY  SITING  PERMIT
 HAS BEEN ISSUED UNDER SUCH LAW, A STATEMENT THAT SUCH PERMIT RELATING TO
 SUCH PROPERTY HAS BEEN ISSUED AND IS IN FORCE.
   §  15.  Subdivision  7 of section 6-106 of the energy law, as added by
 chapter 433 of the laws of 2009, is amended to read as follows:
   7. Any person who participated in the state energy planning proceeding
 or any person who sought an amendment of the state energy plan  pursuant
 to  subdivision  six  of  this  section, may obtain, pursuant to article
 seventy-eight of the civil practice law and rules,  judicial  review  of
 the  board's  decision  adopting a plan, or any amendment thereto, or of
 the board's decision not to amend such plan pursuant to subdivision  six
 of  this  section.  Any  such special proceeding shall be brought in the
 appellate division of the supreme court of the state of New York for the
 third judicial department. Such proceeding shall  be  initiated  by  the
 filing of a petition in such court within thirty days after the issuance
 of  a  decision by the board. The proceeding shall have a lawful prefer-
 ence over any other matter, shall be heard on  an  expedited  basis  and
 shall  be  completed  in  all respects, including any subsequent appeal,
 within one hundred eighty days of the filing of the petition. Where more
 than one such petition is filed, the court may provide for consolidation
 of the proceedings. Notwithstanding the provisions of [article] ARTICLES
 seven AND EIGHT of the public service law, the procedure  set  forth  in
 this  section  shall constitute the exclusive means for seeking judicial
 review of any element of the plan.
 A. 8808--B                         67
 
   § 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
 mental conservation law, as amended by section 1 of part BBB of  chapter
 55 of the laws of 2021, is amended to read as follows:
   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental  compatibility  and  public  need in articles seven[,] AND ten
 [and the former article eight] of the public service law or requiring  a
 MAJOR  ELECTRIC TRANSMISSION FACILITY siting permit under [section nine-
 ty-four-c of the executive law] ARTICLE EIGHT OF THE PUBLIC SERVICE LAW;
 or
   § 17. Paragraph (d) of subdivision 2 of section 49-0307 of  the  envi-
 ronmental conservation law, as added by chapter 292 of the laws of 1984,
 is amended to read as follows:
   (d)  where  land  subject to a conservation easement or an interest in
 such land is required for a major utility  transmission  facility  which
 has  received  a  certificate  of environmental compatibility and public
 need pursuant to article seven of the public service law [or is required
 for a major steam electric generating  facility  which  has  received  a
 certificate  of  environmental compatibility and public need pursuant to
 article eight of the public service law]  OR  A  MAJOR  ELECTRIC  TRANS-
 MISSION  FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
 EIGHT OF THE PUBLIC SERVICE LAW, upon the filing of such certificate  OR
 PERMIT in a manner prescribed for recording a conveyance of real proper-
 ty  pursuant  to section two hundred ninety-one of the real property law
 or any other applicable provision of law.
   § 18. Paragraph (e) of subdivision 3 of section 49-0307 of  the  envi-
 ronmental  conservation  law,  as  amended by chapter 388 of the laws of
 2011, is amended to read as follows:
   (e) where land subject to a conservation easement or  an  interest  in
 such  land  is  required for a major utility transmission facility which
 has received a certificate of  environmental  compatibility  and  public
 need pursuant to article seven of the public service law [or is required
 for  a  major  steam  electric  generating facility which has received a
 certificate of environmental compatibility and public need  pursuant  to
 the  former  article  eight of the public service law], A MAJOR ELECTRIC
 TRANSMISSION FACILITY WHICH HAS RECEIVED A  SITING  PERMIT  PURSUANT  TO
 ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW, or a major electric generating
 facility or repowering project which has received a certificate of envi-
 ronmental compatibility and public need pursuant to article ten  of  the
 public  service  law, upon the filing of such certificate OR PERMIT in a
 manner prescribed for recording a conveyance of real  property  pursuant
 to  section two hundred ninety-one of the real property law or any other
 applicable provision of law, provided that such  certificate  OR  PERMIT
 contains  a  finding  that  the  public interest in the conservation and
 protection of the natural resources, open spaces and  scenic  beauty  of
 the Adirondack or Catskill parks has been considered.
   §  19. Paragraph (p) of subdivision 27-a of section 1005 of the public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (p)  Nothing in this subdivision or subdivision twenty-seven-b of this
 section, shall be construed as  exempting  the  authority,  its  subsid-
 iaries,  or any renewable energy generating projects undertaken pursuant
 to this section from the requirements of [section ninety-four-c  of  the
 executive  law]  ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW respecting any
 renewable energy system developed  by  the  authority  or  an  authority
 subsidiary  after  the effective date of this subdivision that meets the
 definition of "major renewable energy facility" as defined  in  [section
 A. 8808--B                         68

 ninety-four-c  of  the  executive  law  and section eight of part JJJ of
 chapter fifty-eight of the laws of two thousand twenty] ARTICLE EIGHT OF
 THE PUBLIC SERVICE LAW, as it relates to host  community  benefits,  and
 section 11-0535-c of the environmental conservation law as it relates to
 an endangered and threatened species mitigation bank fund.
   §  20. Section 1014 of the public authorities law, as amended by chap-
 ter 388 of the laws of 2011, is amended to read as follows:
   § 1014. Public service law not applicable to  authority;  inconsistent
 provisions  in  other acts superseded. The rates, services and practices
 relating to the generation, transmission, distribution and sale  by  the
 authority, of power to be generated from the projects authorized by this
 title  shall  not be subject to the provisions of the public service law
 nor to regulation by, nor the jurisdiction of the department  of  public
 service.  Except  to  the extent article seven of the public service law
 applies to the siting and operation  of  a  major  utility  transmission
 facility  as  defined  therein,  ARTICLE EIGHT OF THE PUBLIC SERVICE LAW
 APPLIES TO THE SITING AND OPERATION OF  A  MAJOR  ELECTRIC  TRANSMISSION
 FACILITY  AS  DEFINED THEREIN, and article ten of the public service law
 applies to the siting of a major electric generating facility as defined
 therein, and except to the  extent  section  eighteen-a  of  the  public
 service  law  provides for assessment of the authority for certain costs
 relating thereto, the provisions of the public service law  and  of  the
 environmental  conservation  law  and  every  other  law relating to the
 department of public service or the public service commission or to  the
 environmental  conservation  department  or  to the functions, powers or
 duties assigned to the division of water power and  control  by  chapter
 six  hundred  nineteen of the laws of nineteen hundred twenty-six, shall
 so far as is necessary to make this title effective in  accordance  with
 its  terms  and  purposes  be  deemed to be superseded, and wherever any
 provision of law shall be found in conflict with the provisions of  this
 title  or  inconsistent with the purposes thereof, it shall be deemed to
 be superseded, modified or repealed as the case may require.
   § 21. Subdivision 1 of section 1020-s of the public  authorities  law,
 as  amended  by  chapter  681 of the laws of 2021, is amended to read as
 follows:
   1. The rates, services  and  practices  relating  to  the  electricity
 generated  by facilities owned or operated by the authority shall not be
 subject to the provisions of the public service law or to regulation by,
 or the jurisdiction of, the public service  commission,  except  to  the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in,  (b)  ARTICLE  EIGHT OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING
 AND OPERATION OF A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THER-
 EIN, (C) article ten of such law applies to the siting of  a  generating
 facility  as  defined  therein, [(c)] (D) section eighteen-a of such law
 provides for assessment for certain costs, property or operations, [(d)]
 (E) to the extent that the department  of  public  service  reviews  and
 makes  recommendations  with  respect to the operations and provision of
 services of, and rates and budgets established by, the authority  pursu-
 ant  to section three-b of such law, [(e)] (F) that section seventy-four
 of the public service law applies to qualified  energy  storage  systems
 within  the  authority's jurisdiction, and [(f)] (G) that section seven-
 ty-four-b of the public service law applies  to  Long  Island  community
 choice aggregation programs.
 A. 8808--B                         69
 
   §  22. Paragraph (b) of subdivision 1 of section 1020-ii of the public
 authorities law, as amended by chapter 201  of  the  laws  of  2019,  is
 amended to read as follows:
   (b)  "utility  transmission  facility" means any electric transmission
 line operating at sixty-five kilovolts or higher in  the  service  area,
 including  associated  equipment.  It shall not include any transmission
 line which is an in-kind replacement or which is located  wholly  under-
 ground.  This  section also shall not apply to any major [utility] ELEC-
 TRIC transmission facility subject to the jurisdiction of article  seven
 of the public service law; and
   §  23.  Paragraph  c  of subdivision 8 of section 1020-c of the public
 authorities law, as amended by chapter 388  of  the  laws  of  2011,  is
 amended to read as follows:
   c.  [Article] ARTICLES seven AND EIGHT of the public service law shall
 apply to the authority's siting and operation of a major ELECTRIC trans-
 mission facility as therein  defined  and  article  ten  of  the  public
 service  law  shall  apply  to the authority's siting and operation of a
 major electric generating facility as therein defined.
   § 24. Intentionally omitted.
   § 25. Subdivision 2 of section 160 of the public service law, as added
 by chapter 388 of the laws of 2011, is amended to read as follows:
   2. "Major electric generating facility" means an  electric  generating
 facility  with  a  nameplate generating capacity of twenty-five thousand
 kilowatts or more, including interconnection electric transmission lines
 THAT ARE NOT SUBJECT TO REVIEW UNDER ARTICLE EIGHT OF THIS  CHAPTER  and
 fuel gas transmission lines that are not subject to review under article
 seven of this chapter.
   §  26.  Paragraph  (e)  of  subdivision 4 of section 162 of the public
 service law, as added by section 3 of part JJJ of chapter 58 of the laws
 of 2020, is amended to read as follows:
   (e) To a major renewable energy facility as such term  is  defined  in
 [section ninety-four-c of the executive law] ARTICLE EIGHT OF THIS CHAP-
 TER;  provided,  however, that any person intending to construct a major
 renewable energy facility,  that  has  a  draft  pre-application  public
 involvement  program plan pursuant to section one hundred sixty-three of
 this article and the regulations implementing  this  article,  which  is
 pending with the siting board as of the effective date of this paragraph
 may remain subject to the provisions of this article or, may, by written
 notice  to  the  secretary of the commission, elect to become subject to
 the provisions of [section ninety-four-c of the executive  law]  ARTICLE
 EIGHT OF THIS CHAPTER.
   § 27. Subdivision 3 of section 11-103 of the energy law, as amended by
 chapter 374 of the laws of 2022, is amended to read as follows:
   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 applicable to the construction of any
 building,  including  but  not  limited to greenhouse 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 promulgated pursuant  to  this  section.
 Notwithstanding  the  foregoing, nothing in this section shall be deemed
 to expand the powers of the council to include matters that  are  exclu-
 sively  within  the statutory jurisdiction of the public service commis-
 A. 8808--B                         70
 
 sion, the department  of  environmental  conservation,  [the  office  of
 renewable energy siting] or another state entity.
   §  28. Paragraph (d) of subdivision 27-a of section 1005 of the public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (d)  No later than one hundred eighty days after the effective date of
 this subdivision, and annually thereafter, the  authority  shall  confer
 with  the New York state energy research and development authority, [the
 office of renewable energy siting,] the department  of  public  service,
 climate  and  resiliency experts, labor organizations, and environmental
 justice and community organizations concerning the state's  progress  on
 meeting the renewable energy goals established by the climate leadership
 and community protection act. When exercising the authority provided for
 in  paragraph (a) of this subdivision, the information developed through
 such conferral shall be used to identify projects to  help  ensure  that
 the  state  meets  its  goals under the climate leadership and community
 protection act. Any conferral  provided  for  in  this  paragraph  shall
 include  consideration  of the timing of projects in the interconnection
 queue of the federally designated electric bulk system operator for  New
 York  state,  taking  into  account  both  capacity  factors  or planned
 projects and the interconnection queue's historical completion  rate.  A
 report  on  the  information  developed  through such conferral shall be
 published and made accessible on the website of the authority.
   § 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
 1005 of the public authorities law, as added by section 1 of part QQ  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   (i)  Beginning  in two thousand twenty-five, and biennially thereafter
 until two thousand thirty-three, the authority, in consultation with the
 New York state energy research and development authority, [the office of
 renewable energy siting,] the department  of  public  service,  and  the
 federally  designated  electric bulk system operator for New York state,
 shall develop and publish biennially a renewable energy generation stra-
 tegic plan ("strategic  plan")  that  identifies  the  renewable  energy
 generating  priorities  based on the provisions of paragraph (a) of this
 subdivision for the two-year period  covered  by  the  plan  as  further
 provided for in this paragraph.
   § 30. Intentionally omitted.
   §  31.  1.  The public service commission shall, within thirty days of
 the effective date of this act, undertake a comprehensive study for  the
 purpose  of  reviewing  the timely interconnection of distributed gener-
 ation resources, including, at a minimum:
   (a) an investigation of the causes of delays;
   (b) a quantification of the extent of delay; and
   (c) potential solutions to expedite and  incentivize  interconnection,
 including, at a minimum, the usage of dormant electric generating sites,
 potential metrics related to timely interconnection, and negative reven-
 ue adjustments.
   2. The report shall be completed within 180 days of the effective date
 of this act and shall be made available to the governor, temporary pres-
 ident  of  the  senate  and  speaker  of  the assembly and posted on the
 commission's website.
   § 31-a. Section 11-0535-c of the  environmental  conservation  law  is
 amended by adding a new subdivision 6 to read as follows:
   6.  THE COMMISSIONER SHALL ANNUALLY REPORT TO THE DEPARTMENT OF PUBLIC
 SERVICE, THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE  AND  THE
 A. 8808--B                         71
 
 SPEAKER  OF  THE ASSEMBLY ON THE STATUS OF THE FUND AND ALL MONIES ADDED
 TO AND EXPENDED FROM THE FUND.
   §  31-b.  Subdivision  2 of section 7 of part JJJ of chapter 58 of the
 laws of 2020 amending the public service law,  the  executive  law,  the
 public authorities law, the environmental conservation law and the state
 finance  law  relating  to  accelerating  the growth of renewable energy
 facilities to meet critical state energy policy  goals,  is  amended  to
 read as follows:
   2.  The  department,  in  consultation  with the New York state energy
 research and development authority, the power authority of the state  of
 New  York, the Long Island power authority, the state grid operator, and
 the utilities shall undertake a comprehensive study for the  purpose  of
 identifying  distribution upgrades, local transmission upgrades and bulk
 transmission investments that are necessary or appropriate to facilitate
 the timely achievement of the CLCPA targets (collectively,  "power  grid
 study").  The  power  grid  study  shall  identify  needed  distribution
 upgrades and local transmission upgrades for each utility service terri-
 tory and separately address needed bulk transmission system investments.
 In performing the study, the department  may  consider  such  issues  it
 determines  to  be  appropriate including by way of example system reli-
 ability; safety;  cost-effectiveness  of  upgrades  and  investments  in
 promoting development of major renewable energy facilities and relieving
 or avoiding constraints; and factors considered by the office of renewa-
 ble  energy  siting  in  issuing  and  enforcing renewable energy siting
 permits pursuant to section 94-c of the executive law. In  carrying  out
 the  study, the department shall gather input from owners and developers
 of competitive transmission  projects,  the  state  grid  operator,  and
 providers  of  transmission  technology  and smart grid solutions and to
 utilize information available to the  department  from  other  pertinent
 studies or research relating to modernization of the state's power grid.
 To enable the state to meet the CLCPA targets in an orderly and cost-ef-
 fective  manner,  the department [may issue findings and recommendations
 as part of the power grid study at reasonable intervals but] shall  make
 an initial report of findings and recommendations within 270 days of the
 effective  date  of  this  section AND SHALL ANNUALLY UPDATE SUCH REPORT
 THEREAFTER.
   Section 31-c. Subdivisions 1, 2, 3, 4, 6, 7, and 8 of section 224-d of
 the labor law, subdivision 1 as separately amended by chapters  372  and
 375 of the laws of 2022, subdivisions 2, 3, 4, and 7 as added by section
 2 of part AA of chapter 56 of the laws of 2021, subdivision 6 as amended
 by section 30 of part PP of chapter 56 of the laws of 2022, and subdivi-
 sion  8 as added by chapter 375 of the laws of 2022, are amended and two
 new subdivisions 1-a and 1-b are added to read as follows:
   1. For purposes of this section, a "covered renewable  energy  system"
 means  [(a)]  a  renewable  energy  system,  as  such term is defined in
 section sixty-six-p of the public service law, with a capacity of one or
 more megawatts alternating current and which involves the procurement of
 renewable energy credits by a public entity, or a third party acting  on
 behalf  and  for  the benefit of a public entity; or [(b)] [any "thermal
 energy network"] A UTILITY COMPANY OR UTILITY CORPORATION as defined  by
 [subdivision  twenty-nine]  SUBDIVISIONS TWENTY-THREE AND TWENTY-FOUR of
 section two of the public service law.
   1-A. FOR PURPOSES OF THIS SECTION, AN "OTHER  COVERED  PROJECT"  MEANS
 (A)  ANY  "THERMAL ENERGY NETWORK" AS DEFINED BY SUBDIVISION TWENTY-NINE
 OF SECTION TWO OF THE PUBLIC  SERVICE  LAW;    (B)  ANY  ENERGY  STORAGE
 PROJECT  ASSOCIATED OR PAIRED WITH A COVERED RENEWABLE ENERGY SYSTEM OR,
 A. 8808--B                         72
 
 IN THE EVENT OF THE APPROVAL OF AN ENERGY STORAGE CREDIT, WHICH RECEIVES
 SUCH CREDIT OR OTHER PUBLIC FUNDS FROM A PUBLIC ENTITY;   (C)  A  "MAJOR
 UTILITY  TRANSMISSION  FACILITY"  AS SUCH TERM IS DEFINED BY SECTION ONE
 HUNDRED TWENTY OF THE PUBLIC SERVICE LAW OR "MAJOR ELECTRIC TRANSMISSION
 FACILITY"  AS DEFINED BY ARTICLE EIGHT OF THE PUBLIC SERVICE LAW; OR (D)
 ANY PROJECT RECEIVING PUBLIC  FUNDS  THAT  SUPPORTS  THE  OFFSHORE  WIND
 SUPPLY  CHAIN, INCLUDING BUT NOT LIMITED TO PORT INFRASTRUCTURE, PRIMARY
 COMPONENT MANUFACTURING, FINISHED COMPONENT  MANUFACTURING,  SUBASSEMBLY
 MANUFACTURING,  SUBCOMPONENT MANUFACTURING OR RAW MATERIAL PRODUCERS, OR
 A COMBINATION THEREOF.
   1-B.  FOR PURPOSES OF THIS SECTION "PUBLIC FUNDS"  SHALL  INCLUDE  (A)
 THE  PAYMENT  OF  MONEY,  BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON
 BEHALF OF AND FOR THE BENEFIT OF A PUBLIC  ENTITY,  DIRECTLY  TO  OR  ON
 BEHALF OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER, OR OWNER THAT IS NOT
 SUBJECT  TO REPAYMENT; (B) THE SAVINGS ACHIEVED FROM FEES, RENTS, INTER-
 EST RATES, OR OTHER LOAN COSTS, OR INSURANCE COSTS THAT ARE  LOWER  THAN
 MARKET  RATE  COSTS; SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CRED-
 ITS, TAX ABATEMENTS, TAX EXEMPTIONS OR TAX INCREMENT FINANCING;  SAVINGS
 FROM  PAYMENTS  IN  LIEU  OF  TAXES; AND ANY OTHER SAVINGS FROM REDUCED,
 WAIVED, OR FORGIVEN COSTS THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER  OR
 MARKET  RATE  BUT  FOR  THE  INVOLVEMENT OF THE PUBLIC ENTITY; (C) MONEY
 LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTINGENT  BASIS;
 (D)  CREDITS  THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
 OBLIGATIONS TO THE PUBLIC ENTITY; OR  (E)  FUNDS  RECEIVED  PURSUANT  TO
 SECTION NINETY-NINE-QQ OF THE STATE FINANCE LAW, AS ADDED BY SECTION TWO
 OF PART TT OF CHAPTER FORTY-FIVE OF THE LAWS OF TWO THOUSAND TWENTY-ONE.
   2. Notwithstanding the provisions of section two hundred twenty-four-a
 of  this  article,  a  covered  renewable energy system OR OTHER COVERED
 PROJECT shall be subject to prevailing wage requirements  in  accordance
 with  sections two hundred twenty and two hundred twenty-b of this arti-
 cle. Provided that a renewable energy system defined in  section  sixty-
 six-p of the public service law which is not considered to be covered by
 this  section,  may  still  otherwise  be considered a "covered project"
 pursuant to section two hundred twenty-four-a  of  this  article  if  it
 meets such definition.
   3.  For purposes of this section, a covered renewable energy system OR
 OTHER COVERED PROJECT shall exclude construction work performed under  a
 pre-hire  collective bargaining agreement between an owner or contractor
 and a bona fide building and construction trade labor organization which
 has  established  itself,  and/or  its  affiliates,  as  the  collective
 bargaining  representative for all persons who will perform work on such
 a project, and which provides that only contractors  and  subcontractors
 who  sign  a  pre-negotiated  agreement  with the labor organization can
 perform work on such a project[, or construction work performed under  a
 labor   peace   agreement,   project   labor  agreement,  or  any  other
 construction work performed under an enforceable  agreement  between  an
 owner  or  contractor  and  a  bona fide building and construction trade
 labor organization].
   4. For purposes of this section, the "fiscal officer" shall be  deemed
 to  be the commissioner. The enforcement of any covered renewable energy
 system OR OTHER COVERED  PROJECT  pursuant  to  this  section  shall  be
 subject  to the requirements of sections two hundred twenty, two hundred
 twenty-a, two hundred twenty-b, two hundred  twenty-three,  two  hundred
 twenty-four-b,  and  two hundred twenty-seven of this chapter and within
 the jurisdiction of  the  fiscal  officer;  provided,  however,  nothing
 contained in this section shall be deemed to construe any covered renew-
 A. 8808--B                         73
 
 able  energy  system OR OTHER COVERED PROJECT as otherwise being consid-
 ered public work pursuant to this article.
   6.  Each  owner  and  developer  subject  to  the requirements of this
 section shall comply with the objectives and goals of certified minority
 and women-owned business enterprises pursuant to  article  fifteen-A  of
 the  executive  law  and  certified service-disabled veteran-owned busi-
 nesses pursuant to article three of  the  veterans'  services  law.  The
 department  in  consultation  with  the  commissioner of the division of
 minority and women's business development and the director of the  divi-
 sion  of  service-disabled  veterans'  business  development  shall make
 training and resources available  to  assist  minority  and  women-owned
 business  enterprises and service-disabled veteran-owned business enter-
 prises on covered renewable energy systems AND OTHER COVERED PROJECTS to
 achieve and maintain compliance with prevailing wage  requirements.  The
 department  shall  make such training and resources available online and
 shall afford minority and women-owned business enterprises and  service-
 disabled  veteran-owned  business  enterprises  an opportunity to submit
 comments on such training.
   7. a. The fiscal officer shall report to the governor,  the  temporary
 president  of the senate, and the speaker of the assembly by July first,
 two thousand twenty-two, and annually thereafter, on  the  participation
 of  minority and women-owned business enterprises in relation to covered
 renewable energy systems AND  OTHER  COVERED  PROJECTS  subject  to  the
 provisions  of  this  section  as  well  as  the  diversity practices of
 contractors and subcontractors employing laborers, workers, and  mechan-
 ics on such projects.
   b.  Such  reports shall include aggregated data on the utilization and
 participation of minority  and  women-owned  business  enterprises,  the
 employment  of minorities and women in construction-related jobs on such
 projects, and the commitment of contractors and subcontractors  on  such
 projects to adopting practices and policies that promote diversity with-
 in  the  workforce.  The  reports  shall  also examine the compliance of
 contractors and subcontractors with other equal  employment  opportunity
 requirements  and  anti-discrimination  laws,  in  addition to any other
 employment practices deemed pertinent by the commissioner.
   c. The fiscal officer may require any owner or developer  to  disclose
 information  on  the  participation of minority and women-owned business
 enterprises and the diversity practices of contractors  and  subcontrac-
 tors  involved in the performance of any covered renewable energy system
 OR OTHER COVERED PROJECT. It shall be the duty of the fiscal officer  to
 consult  and  to  share  such  information  in  order  to effectuate the
 requirements of this section.
   8. Any [thermal energy network] covered [by  this  section]  RENEWABLE
 ENERGY SYSTEM OR OTHER COVERED PROJECT shall require all contractors and
 subcontractors performing construction work to use apprenticeship agree-
 ments,  as defined by article twenty-three of this chapter, with pre-ap-
 prenticeship direct entry providers registered with the department.
   § 31-d. Subdivisions 3 and 4 of section 66-r  of  the  public  service
 law,  as  added  by  section 2-a of part AA of chapter 56 of the laws of
 2021, are amended and two new subdivisions 1-a and 2-a are added to read
 as follows:
   1-A. FOR PURPOSES OF THIS SECTION, AN "OTHER  COVERED  PROJECT"  MEANS
 (A)  ANY  "THERMAL ENERGY NETWORK" AS DEFINED BY SUBDIVISION TWENTY-NINE
 OF SECTION TWO OF THIS CHAPTER; (B) ANY ENERGY STORAGE  PROJECT  ASSOCI-
 ATED  OR  PAIRED WITH A COVERED RENEWABLE ENERGY SYSTEM OR, IN THE EVENT
 OF THE APPROVAL OF AN ENERGY STORAGE CREDIT,  RECEIVES  SUCH  CREDIT  OR
 A. 8808--B                         74
 
 OTHER  PUBLIC  FUNDS  FROM A PUBLIC ENTITY;  (C) A "MAJOR UTILITY TRANS-
 MISSION FACILITY" AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED  TWENTY
 OF  THIS CHAPTER OR "MAJOR ELECTRIC TRANSMISSION FACILITY" AS DEFINED BY
 ARTICLE EIGHT OF THIS CHAPTER; OR (D) ANY PROJECT RECEIVING PUBLIC FUNDS
 THAT  SUPPORTS THE OFFSHORE WIND SUPPLY CHAIN, INCLUDING BUT NOT LIMITED
 TO PORT INFRASTRUCTURE, PRIMARY COMPONENT MANUFACTURING, FINISHED COMPO-
 NENT MANUFACTURING, SUBASSEMBLY MANUFACTURING, SUBCOMPONENT  MANUFACTUR-
 ING OR RAW MATERIAL PRODUCERS, OR A COMBINATION THEREOF.
   2-A. FOR PURPOSES OF THIS SECTION "PUBLIC FUNDS" SHALL INCLUDE (A) THE
 PAYMENT  OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING ON BEHALF
 OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO OR ON  BEHALF  OF
 THE  CONTRACTOR,  SUBCONTRACTOR, DEVELOPER, OR OWNER THAT IS NOT SUBJECT
 TO REPAYMENT; (B) THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST RATES,
 OR OTHER LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN MARKET  RATE
 COSTS; SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATE-
 MENTS,  TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS
 IN LIEU OF TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIV-
 EN COSTS THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET  RATE  BUT
 FOR THE INVOLVEMENT OF THE PUBLIC ENTITY; (C) MONEY LOANED BY THE PUBLIC
 ENTITY  THAT IS TO BE REPAID ON A CONTINGENT BASIS; (D) CREDITS THAT ARE
 APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT  OF  OBLIGATIONS  TO  THE
 PUBLIC  ENTITY; OR (E) FUNDS RECEIVED PURSUANT TO SECTION NINETY-NINE-QQ
 OF THE STATE FINANCE LAW, AS ADDED BY SECTION TWO OF PART TT OF  CHAPTER
 FORTY-FIVE OF THE LAWS OF TWO THOUSAND TWENTY-ONE.
   3.  The commission shall require that the owner of the covered renewa-
 ble energy system OR OTHER COVERED PROJECT, or a third party  acting  on
 the  owner's  behalf,  as  an  ongoing condition of any renewable energy
 credits agreement OR OTHER FUNDING AGREEMENT with a public entity, shall
 stipulate to the fiscal officer that it will enter into [a] labor  peace
 [agreement]  AGREEMENTS  with [at least one] ANY bona fide labor [organ-
 ization] ORGANIZATIONS THAT either [where such bona fide labor organiza-
 tion] is actively representing employees providing necessary  operations
 and  maintenance services for the renewable energy system at the time of
 such agreement or [upon] PROVIDES notice [by a bona fide labor organiza-
 tion] that IT is attempting to represent ANY employees IN ANY TITLES WHO
 PROVIDE, OR who  will  provide,  necessary  operations  and  maintenance
 services  for  the  renewable  energy  system employed in the state. The
 maintenance of such a labor peace agreement OR AGREEMENTS,  WHICH  COVER
 ALL CLASSES OF OPERATIONS AND MAINTENANCE EMPLOYEES, shall be an ongoing
 material  condition  of  any  continuation of payments under a renewable
 energy credits agreement OR OTHER AGREEMENT WITH A  PUBLIC  ENTITY.  For
 purposes  of  this  section  "labor  peace agreement" means an agreement
 between an entity and labor organization that, at  a  minimum,  protects
 the state's proprietary interests by prohibiting labor organizations and
 members  from  engaging  in picketing, work stoppages, boycotts, and any
 other economic interference with the relevant renewable  energy  system.
 "Renewable  energy  credits  agreement"  shall  mean  any  public entity
 contract that provides production-based payments to a  renewable  energy
 project as defined in this section.
   4.  (a)  Any  public entity, in each contract for construction, recon-
 struction, alteration, repair, improvement or maintenance of  a  covered
 renewable  energy  system  OR  OTHER  COVERED PROJECT which involves the
 procurement of a renewable energy credits  agreement  OR  OTHER  FUNDING
 AGREEMENT  by a public entity, or a third party acting on behalf and for
 the benefit of a public entity, the "public work" for  the  purposes  of
 this  subdivision,  shall  ensure  that  such  contract  shall contain a
 A. 8808--B                         75

 provision that the iron [and structural], steel AND COMPONENT PARTS used
 or supplied in the performance of the contract or any subcontract there-
 to [and that is permanently incorporated into the public work,] shall be
 produced  or made in whole or substantial part in the United States, its
 territories or possessions. In the case of [a  structural]  AN  iron  or
 [structural]  steel  product  all  manufacturing  must take place in the
 United States, from the initial melting stage through the application of
 coatings, except metallurgical processes  involving  the  refinement  of
 steel  additives.  [For  the  purposes of this subdivision, "permanently
 incorporated" shall mean an iron or steel product that  is  required  to
 remain in place at the end of the project contract, in a fixed location,
 affixed  to the public work to which it was incorporated. Iron and steel
 products that are capable of being moved from one  location  to  another
 are not permanently incorporated into a public work.]
   (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
 apply if the head of the department or agency  constructing  the  public
 works,  in  his  or  her sole discretion, determines that the provisions
 would not be in the public interest, would result in unreasonable costs,
 or that obtaining such steel or iron in the United States would increase
 the cost of the contract by an unreasonable  amount,  or  such  iron  or
 steel, including without limitation structural iron and structural steel
 cannot  be  produced  or  made  in  the  United States in sufficient and
 reasonably available quantities and of satisfactory quality. The head of
 the department or agency constructing the  public  works  shall  include
 this  determination in an advertisement or solicitation of a request for
 proposal, invitation for bid, or solicitation of proposal, or any  other
 method  provided for by law or regulation for soliciting a response from
 offerors intending to result in a contract pursuant to this subdivision.
 The provisions of paragraph (a) of this subdivision shall not apply  for
 equipment  purchased  by  a  covered  renewable  energy  system OR OTHER
 COVERED PROJECT prior to the effective date of this chapter.
   (c) The head of the department or agency constructing the public works
 may, at his or her sole discretion, provide  for  a  solicitation  of  a
 request  for  proposal, invitation for bid, or solicitation of proposal,
 or any other method provided for by law or regulation for  soliciting  a
 response  from  offerors  intending  to result in a contract pursuant to
 this paragraph involving a competitive process in which  the  evaluation
 of  competing  bids  gives  significant  consideration in the evaluation
 process to the procurement of equipment  and  supplies  from  businesses
 located in New York state.
   §  32.  This act shall take effect immediately; provided that sections
 one, three, four, five, six, seven, eight, ten, ten-a,  eleven,  twelve,
 thirteen,  fourteen,  fifteen,  sixteen,  seventeen, eighteen, nineteen,
 twenty, twenty-one, twenty-two, twenty-three,  twenty-five,  twenty-six,
 twenty-seven,  twenty-eight,  twenty-nine,  thirty-one, thirty-one-a and
 thirty-one-b of this act shall expire December 31, 2030 when  upon  such
 date  such provisions shall be deemed repealed; provided that the amend-
 ments to paragraph (e) of subdivision 4 of section  162  of  the  public
 service  law made by section twenty-six of this act shall not affect the
 repeal of such paragraph and shall be  deemed  repealed  therewith;  and
 provided  further,  however, that the amendments to section 11-0535-c of
 the environmental conservation law made by section thirty-one-a of  this
 act  shall  not  affect  the  repeal of such section and shall be deemed
 repealed therewith.
 
                                  PART P
 A. 8808--B                         76
 
                           Intentionally Omitted
 
                                  PART Q

   Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2024 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 15th, 2025, the commissioner of the department of agriculture and
 markets shall submit an accounting of such expenses, including, but  not
 limited to, expenses in the 2024-2025 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
 2024 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 15th, 2025, the secretary of state shall
 submit an accounting of such expenses, including, but  not  limited  to,
 expenses in the 2024-2025 state fiscal year for personal and non-person-
 al  services  and  fringe  benefits,  to the chair of the public service
 commission for the chair's review pursuant to the provisions of  section
 18-a of the public service law.
   §  3.  Expenditures of moneys appropriated in a chapter of the laws of
 2024 to the office of parks, recreation and historic  preservation  from
 the  special revenue funds-other/state operations, miscellaneous special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the office  of
 parks,  recreation  and historic preservation's participation in general
 ratemaking proceedings pursuant to section 65 of the public service  law
 or  certification  proceedings pursuant to article 7 or 10 of the public
 service law, shall be  deemed  expenses  of  the  department  of  public
 service within the meaning of section 18-a of the public service law. No
 later  than  August 15th, 2025, 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 2024-2025 state
 A. 8808--B                         77
 
 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
 2024 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 15th, 2025, the commission-
 er  of  the  department  of  environmental  conservation shall submit an
 accounting of such expenses, including, but not limited to, expenses  in
 the  2024-2025  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 15th,
 2025,  the  commissioner  of  the  department  of health shall submit an
 accounting of expenses in the 2024-2025 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, 2024 and  shall
 expire and be deemed repealed April 1, 2025.
 
                                  PART R
 
                           Intentionally Omitted
 
                                  PART S
 
   Section  1.  Subdivision  3  of  section  54-1511 of the environmental
 conservation law, as added by section 5 of part U of chapter 58  of  the
 laws of 2016, is amended to read as follows:
   3.  State  assistance  payments  shall not exceed fifty percent of the
 project cost or two million dollars, whichever is less, PROVIDED HOWEVER
 IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT  RELATING
 TO  EITHER  FINANCIAL  HARDSHIP, AS DEFINED IN REGULATIONS, OR DISADVAN-
 TAGED COMMUNITIES, PURSUANT TO SECTION  75-0101  OF  THIS  CHAPTER,  THE
 COMMISSIONER  MAY  AUTHORIZE  STATE  ASSISTANCE PAYMENTS OF UP TO EIGHTY
 PERCENT OF THE PROJECT COST OR TWO MILLION DOLLARS, WHICHEVER  IS  LESS.
 Such  costs  are  subject  to final computation and determination by the
 commissioner upon completion of the project, and shall  not  exceed  the
 A. 8808--B                         78
 
 maximum eligible cost set forth in the contract. THE CRITERIA FOR FINAN-
 CIAL HARDSHIP SHALL AT A MINIMUM INCLUDE LOW RESIDENT INCOME, HIGH UNEM-
 PLOYMENT, HIGH COMMERCIAL VACANCY RATES AND DEPRESSED PROPERTY VALUES.
   § 2. This act shall take effect immediately.

                                  PART T
 
   Section  1.  Section 72-0302 of the environmental conservation law, as
 amended by chapter 608 of the laws of 1993,  the  opening  paragraph  of
 subdivision 1 and the closing paragraph as amended by chapter 432 of the
 laws of 1997, and paragraph e of subdivision 1 as amended and paragraphs
 f  and  g  of  subdivision 1 as relettered by chapter 170 of the laws of
 1994, is amended to read as follows:
 § 72-0302. State air quality control fees.
   1. All persons, except those required  to  pay  a  fee  under  section
 72-0303  of  this  [article] TITLE, who are required to obtain a permit,
 [certificate] REGISTRATION or approval pursuant to the state air quality
 control program shall submit to the department [a per emission point] AN
 ANNUAL fee in an amount established as follows:
   a. [$11,000.00] $16,500.00 for a  stationary  combustion  installation
 having  a  maximum  operating  heat input equal to or greater than fifty
 million British thermal units per hour as  stated  on  the  most  recent
 application  for  a permit to construct or application for a certificate
 to operate and which emits or has the potential  to  emit  equal  to  or
 greater than any one of the following:
   (i)  one hundred tons per year of oxides of nitrogen, or if located in
 a severe ozone nonattainment area, twenty-five tons per year; or
   (ii) one hundred tons per year of sulfur dioxide; or
   (iii) one hundred tons per year of particulates.
   b. [$2,000.00] $3,000.00 for all stationary  combustion  installations
 which  are  not included under paragraph a of this subdivision and which
 have a maximum operating heat input greater than fifty  million  British
 thermal  units  per  hour as stated on the most recent application for a
 certificate to operate.
   c. [$100.00] $125.00 for a stationary combustion installation having a
 maximum operating heat input less than  fifty  million  British  thermal
 units  per  hour  as stated on the most recent application for a certif-
 icate to operate.
   d. [$2,000.00] $3,000.00 for a process air contamination source for an
 annual emission rate equal to or greater than twenty-five tons per  year
 of  any  one  of  the following: sulfur dioxide, nitrogen dioxide, total
 particulates, carbon monoxide,  total  volatile  organic  compounds  and
 other  specific  air contaminants. The annual emission rate shall be the
 actual annual emission rate as stated on the most recent application for
 a permit to construct or application for a certificate to operate.    In
 the  event that hours of operation have not been specified on the appli-
 cations then maximum possible hours of operation (8760  hours)  will  be
 used to calculate actual annual emissions.
   e.  [$160.00] $200.00 for a process air contamination source, except a
 gasoline dispencing site, for an annual emission rate less than  twenty-
 five tons per year of any one of the following: sulfur dioxide, nitrogen
 dioxide,  total  particulates,  carbon  monoxide, total volatile organic
 compounds and other specific air contaminants. The annual emission  rate
 shall  be  the  actual  annual  emission rate as applied for on the most
 recent application for a  permit  to  construct  or  application  for  a
 certificate  to  operate.  In the event that hours of operation have not
 A. 8808--B                         79
 
 been specified on the applications then maximum possible hours of opera-
 tion (8760 hours) will be used to calculate actual annual emissions.
   f.  [$2,000.00]  $3,000.00  for an incinerator capable of charging two
 thousand pounds of refuse per hour or  greater.  The  charging  capacity
 will  be  established  in  accordance  with the application for the most
 recent permit to construct or application for a certificate  to  operate
 the  incinerator  source  and  will  be  calculated on an emission point
 basis.
   g. [$160.00] $200.00 for an incinerator with a maximum  design  charge
 rate  of  less than two thousand pounds of refuse per hour. The charging
 capacity will be established in accordance with the application for  the
 most  recent  permit  to  construct  or application for a certificate to
 operate the incinerator source and will be  calculated  on  an  emission
 point basis.
   Provided,  however, that ANY SOURCE THAT DOES NOT MEET THE CRITERIA OF
 SUBDIVISION ONE OF SECTION 19-0311 OF THIS CHAPTER, AND IS NOT REGULATED
 PURSUANT TO A STATE FACILITY PERMIT, SHALL  NOT  BE  SUBJECT  TO  A  FEE
 INCREASE  OF  MORE THAN TEN PERCENT ABOVE THEIR TWO THOUSAND TWENTY-FOUR
 FEE OVER THE NEXT THREE YEARS AND PROVIDED, FURTHER,  where  a  city  or
 county  is  delegated  the authority to administer the state air quality
 control program, or any portion thereof,  pursuant  to  paragraph  p  of
 subdivision two of section 3-0301 of this chapter and such city or coun-
 ty  collects a fee in connection with the issuance of a permit, [certif-
 icate] REGISTRATION or approval [for a combustion installation, inciner-
 ator or process air contamination source]  PURSUANT  TO  THE  STATE  AIR
 QUALITY  CONTROL  PROGRAM,  no  additional liability for fees under this
 section shall accrue for the particular combustion installation,  incin-
 erator or process air contamination source that is subject to the deleg-
 ation.
   §  2.  Subdivisions  1  and  5 of section 72-0303 of the environmental
 conservation law, subdivision 1 as amended by section 1  of  part  D  of
 chapter  413 of the laws of 1999, the opening paragraph of subdivision 1
 as amended by section 1 of part Y of chapter 58 of the laws of 2015  and
 subdivision  5  as added by chapter 608 of the laws of 1993, are amended
 to read as follows:
   1. Commencing January first, two thousand [fifteen]  TWENTY-SEVEN  and
 every year thereafter, all sources of regulated air contaminants identi-
 fied  pursuant  to  subdivision  one  of section 19-0311 of this chapter
 shall submit to the department an annual base fee of [two]  THREE  thou-
 sand  [five  hundred]  dollars PER FACILITY.   This base fee shall be in
 addition to the fees listed below.  Commencing January first,  [nineteen
 hundred   ninety-four]   TWO   THOUSAND   TWENTY-SEVEN  and  every  year
 thereafter, all sources of regulated air contaminants identified  pursu-
 ant  to  subdivision one of section 19-0311 of this chapter shall submit
 to the department an annual fee not to exceed the per ton fees described
 below. The per ton fee is assessed  on  each  ton  of  emissions  up  to
 [seven]  TEN thousand tons annually of each regulated air contaminant as
 follows:  [sixty] EIGHTY dollars per ton for facilities with total emis-
 sions less  than  one  thousand  tons  annually;  [seventy]  NINETY-FIVE
 dollars  per  ton for facilities with total emissions of one thousand or
 more but less than two thousand tons annually; [eighty] ONE HUNDRED  TEN
 dollars  per  ton for facilities with total emissions of two thousand or
 more but less than five thousand tons annually; and [ninety] ONE HUNDRED
 TWENTY dollars per ton for facilities with total emissions of five thou-
 sand or more tons annually.   Such [fee] FEES  shall  be  sufficient  to
 support  an appropriation approved by the legislature for the direct and
 A. 8808--B                         80
 
 indirect costs associated with the operating permit program  established
 in section 19-0311 of this chapter. Such [fee] FEES shall be established
 by  the department and shall be calculated by dividing the amount of the
 current  year appropriation from the operating permit program account of
 the clean air fund by the total  tons  of  emissions  of  regulated  air
 contaminants  that are subject to the operating permit program fees from
 sources subject to the operating  permit  program  pursuant  to  section
 19-0311 of this chapter up to [seven] TEN thousand tons annually of each
 regulated  air  contaminant  from  each source; provided that, in making
 such calculation, the  department  shall  adjust  their  calculation  to
 account  for  any  deficit  or  surplus  in the operating permit program
 account of the clean air fund established pursuant  to  section  ninety-
 seven-oo  of  the  state  finance  law;  AND any loan repayment from the
 mobile source account of the clean  air  fund  established  pursuant  to
 section  ninety-seven-oo  of  the  state  finance  law[; and the rate of
 collection by the department of the bills issued for  the  fee  for  the
 prior year].
   Notwithstanding  the  provisions of the state administrative procedure
 act, such calculation and [fee] FEES shall be established as a  rule  by
 publication  in  the  Environmental Notice Bulletin no later than thirty
 days after the budget bills making appropriations  for  the  support  of
 government  are  enacted  or July first, whichever is later, of the year
 such [fee] FEES will be effective. In no  event  shall  the  [fee]  FEES
 established herein be any greater than the maximum fee identified pursu-
 ant  to  this  section. PROVIDED, HOWEVER, THAT ANY EXISTING REGULATIONS
 THAT CONTAIN OUTDATED FEE AMOUNTS SHALL BE REVISED TO REFLECT THE  MAXI-
 MUM FEES ESTABLISHED IN THIS TITLE.
   5.  Any regulated air contaminant subject to the fees imposed pursuant
 to this section which qualifies as both a volatile organic compound  and
 a  hazardous air pollutant regulated pursuant to section 7412 of the Act
 shall not be counted under both categories AND SHALL ONLY BE COUNTED  AS
 A HAZARDOUS AIR POLLUTANT for the purpose of assessing fees.
   §  3.  Subdivision 7 of section 72-0303 of the environmental conserva-
 tion law is REPEALED.
   § 4. Subdivisions 8, 9 and 10 of section 72-0303 of the  environmental
 conservation law are renumbered subdivisions 7, 8 and 9.
   §  5.  Paragraph  c  of  subdivision  2  of section 97-oo of the state
 finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
   § 6. Intentionally omitted.
   § 7. This act shall take effect immediately; provided,  however,  that
 sections  one, three, four, and five of this act shall take effect Janu-
 ary 1, 2025; and provided further, however, that section two of this act
 shall take effect January 1, 2027.
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   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 DD of
 chapter 58 of the laws of 2022, is amended to read as follows:
 A. 8808--B                         81
 
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on July 1, [2024] 2026; 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 W
 
                           Intentionally Omitted
 
                                  PART X
 
   Section 1. Subdivision 6 of section 211 of  the  economic  development
 law,  as  amended by chapter 294 of the laws of 2019, is amended to read
 as follows:
   6. Grants made pursuant to  this  section  shall  be  subject  to  the
 following limitations:
   (a)  no  grant  shall  be  made to any one or any consortium of career
 education agencies and not-for-profit corporations  in  excess  of  [one
 hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
   (b)  each grant shall be disbursed for payment of the cost of services
 and expenses of the program director, the instructors of the participat-
 ing career education agency or not-for-profit corporation,  the  faculty
 and  support  personnel  thereof  and any other person in the service of
 providing instruction and counseling in furtherance of the program.
   § 2. This act shall take effect immediately.
 
                                  PART Y
 
   Section 1. The opening paragraph of subdivision (h) of section 121  of
 chapter  261  of  the  laws  of 1988, amending the state finance law and
 other laws relating to the New York state infrastructure trust fund,  as
 amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
 follows:
   The provisions of sections sixty-two through  sixty-six  of  this  act
 shall expire and be deemed repealed [on December thirty-first, two thou-
 sand  twenty-four]  SIX  MONTHS  AFTER DELIVERY OF THE STUDY REQUIRED BY
 SECTION 312-A OF THE EXECUTIVE LAW; PROVIDED THAT THE DIVISION OF MINOR-
 ITY AND WOMEN'S BUSINESS DEVELOPMENT SHALL NOTIFY THE  LEGISLATIVE  BILL
 DRAFTING COMMISSION UPON DELIVERY OF THE STUDY REQUIRED BY SECTION 312-A
 OF  THE EXECUTIVE LAW IN ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCU-
 RATE AND TIMELY EFFECTIVE DATA BASE OF THE OFFICIAL TEXT OF THE LAWS  OF
 THE  STATE  OF NEW YORK IN FURTHERANCE OF EFFECTUATING THE PROVISIONS OF
 SECTION 44 OF THE LEGISLATIVE LAW AND SECTION 70-B OF THE  PUBLIC  OFFI-
 CERS LAW, except that:
   § 2. This act shall take effect immediately.
 
                                  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 JJ of chapter 58 of the
 laws of 2023, is amended to read as follows:
 A. 8808--B                         82
 
   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, [2024] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   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 GG of chapter 58 of the laws of 2023, 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, [2024] 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.

                                  PART BB
 
   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 U of chapter 58 of the  laws  of  2023,  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, [2024] 2025 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 CC

                           Intentionally Omitted
 
                                  PART DD
 
                           Intentionally Omitted
 
                                  PART EE
 
   Section 1.  Subparagraph (B) of paragraph 15-a of  subsection  (i)  of
 section  3216  of the insurance law, as amended by section 1 of part DDD
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 provided, however, [the total amount] that [a covered person is required
 A. 8808--B                         83

 to  pay  out of pocket for] covered prescription insulin drugs shall [be
 capped at an amount not to exceed one  hundred  dollars  per  thirty-day
 supply,  regardless of the amount or type of insulin needed to fill such
 covered  person's  prescription  and regardless of the insured's] NOT BE
 SUBJECT TO A deductible, copayment, coinsurance or any other cost  shar-
 ing requirement.
   § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
 of  the insurance law, as amended by section 2 of part DDD of chapter 56
 of the laws of 2020, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 provided, however, [the total amount] that [a covered person is required
 to  pay  out of pocket for] covered prescription insulin drugs shall [be
 capped at an amount not to exceed one  hundred  dollars  per  thirty-day
 supply,  regardless of the amount or type of insulin needed to fill such
 covered person's prescription and regardless of the  insured's]  NOT  BE
 SUBJECT  TO A deductible, copayment, coinsurance or any other cost shar-
 ing requirement.
   § 3.  Paragraph 2 of subsection (u) of section 4303 of  the  insurance
 law,  as  amended  by section 3 of part DDD of chapter 56 of the laws of
 2020, is amended to read as follows:
   (2) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 provided, however, [the total amount] that [a covered person is required
 to  pay  out of pocket for] covered prescription insulin drugs shall [be
 capped at an amount not to exceed one  hundred  dollars  per  thirty-day
 supply,  regardless of the amount or type of insulin needed to fill such
 covered person's prescription and regardless of the  insured's]  NOT  BE
 SUBJECT  TO A deductible, copayment, coinsurance or any other cost shar-
 ing requirement.
   § 4.  This act shall take effect January 1, 2025 and  shall  apply  to
 any policy or contract issued, renewed, modified, altered, or amended on
 or after such date.
 
                                  PART FF
 
                           Intentionally Omitted
 
                                  PART GG
 
                           Intentionally Omitted
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II
 
                           Intentionally Omitted
 A. 8808--B                         84
 
                                  PART JJ
 
                           Intentionally Omitted
 
                                  PART KK
 
   Section  1.  Section  4  of  Part WW of chapter 56 of the laws of 2022
 amending the public officers law relating to permitting  videoconferenc-
 ing  and  remote  participation in public meetings under certain circum-
 stances, is amended to read as follows:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed July 1, [2024] 2026.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
                           Intentionally Omitted
 
                                  PART MM
 
                           Intentionally Omitted
 
                                  PART NN
 
   Section  1.  Section  2328 of the insurance law, as amended by chapter
 182 of the laws of 2023, is amended to read as follows:
   § 2328. Certain motor vehicle insurance rates;  prior  approval.  [For
 the periods February first, nineteen hundred seventy-four through August
 second,   two   thousand   one,   and   the   effective   date   of  the
 property/casualty insurance availability act through June thirtieth, two
 thousand twenty-six, no] NO changes in rates, rating plans, rating rules
 and rate  manuals  applicable  to  motor  vehicle  insurance,  including
 no-fault  coverages  under  article  fifty-one of this chapter, shall be
 made effective until approved by the superintendent, notwithstanding any
 inconsistent provisions of this article[; provided, however, that chang-
 es in such rates, rating plans, rating rules and  rate  manuals  may  be
 made  effective without such approval if the rates that result from such
 changes are no higher than the insurer's  rates  last  approved  by  the
 superintendent].  This  section  shall  apply  only to policies covering
 losses or liabilities arising out of ownership of a motor  vehicle  used
 principally  for the transportation of persons for hire, including a bus
 or a school bus as defined in sections one hundred four and one  hundred
 forty-two of the vehicle and traffic law.
   § 2. This act shall take effect immediately.
 
                                  PART OO
 
   Section 1. 1. The metropolitan transportation authority ("the authori-
 ty")  shall  take necessary steps to establish and implement a fare-free
 bus pilot program within the city of New  York.    The  authority  shall
 present  the  fare-free  bus  pilot program to its board for approval no
 later than 60 days after the effective date of this act, for implementa-
 tion no later than 90 days after board adoption.
 A. 8808--B                         85

   2. The purpose of the fare-free bus pilot program shall be  to  under-
 stand  the  impact of fare-free bus routes on ridership, quality of life
 issues, bus speed performance, operations, and  related  issues  as  the
 authority deems relevant.
   3.  The fare-free bus pilot program shall consist of fifteen fare-free
 bus routes and shall cost no more than forty-five million in net operat-
 ing costs.  Net operating costs shall be determined by the  total  costs
 of  implementing the fare-free bus pilot program and shall not accrue to
 the city of New York.
   4. The fare-free bus  routes  included  in  the  fare-free  bus  pilot
 program shall be selected by the authority, provided that there shall be
 at  least  three fare-free bus routes within each of the following coun-
 ties: Kings county, New York county, Queens county, Richmond county  and
 Bronx county.  The factors considered by the authority in selecting such
 fare-free  bus  routes  shall  include  but  not be limited to: (a) fare
 evasion; (b) ridership, including  subway  ridership  and  ridership  on
 adjacent/redundant  bus routes; (c) service adequacy and equity for low-
 income and economically disadvantaged communities;  and  (d)  access  to
 employment  and  commercial  activity  in  areas served by the fare-free
 routes.
   5. The authority shall report to its board on the fare-free bus  pilot
 program  after  it  has been in effect for six months and again upon the
 conclusion of the pilot.  Such reports shall also be sent to the  gover-
 nor,  the  temporary  president  of  the  senate, and the speaker of the
 assembly, and shall include,  but  not  be  limited  to,  the  following
 comparative performance metrics: (a) ridership totals relative to equiv-
 alent  time  periods  before  the  pilots  took effect, (b) increases or
 decreases in fare evasion  on adjacent/redundant bus routes and  subways
 during  the  fare-free bus pilot program relative to the equivalent time
 period before the fare-free bus pilot program took effect,  (c)  service
 delivered,  (d) average end-to-end bus speed changes, (e) customer jour-
 ney time performance, (f) additional bus stop time and travel time,  (g)
 wait  assessments,  (h)  the  cost  to  provide such service itemized by
 route, and (i) any other impacts associated with and resulting from such
 fare-free bus pilot program.
   6. The fare-free bus routes shall revert to  regular  revenue  service
 six to twelve months after the fare-free bus pilot program begins.
   § 2. This act shall take effect immediately.
 
                                  PART PP

   Section  1. Section 100-a of the economic development law, as added by
 section 1 of part UUU of chapter 59 of the laws of 2017, is  amended  to
 read as follows:
   §  100-a. Comprehensive economic development reporting. The department
 shall prepare an annual comprehensive economic  development  report,  no
 later than December thirty-first of each year, listing economic develop-
 ment  assistance provided by the New York state urban development corpo-
 ration and the department, including but not  limited  to  tax  expendi-
 tures,  marketing  and  advertising,  grants,  awards  and  loans.  Such
 comprehensive report shall include aggregate totals  for  each  economic
 development program administered by the New York state urban development
 corporation  and  the  department,  including but not limited to program
 progress, program participation rates, DIRECT AND INDIRECT RETURN ON THE
 STATE'S INVESTMENT AND OVERALL economic impact OF SUCH AWARDS,  regional
 distribution,  industry  trends,  NUMBER  AWARDS TO SMALL BUSINESSES AND
 A. 8808--B                         86
 
 MICRO-BUSINESSES, MINORITY- AND WOMEN-OWNED BUSINESS ENTERPRISES, NUMBER
 OF ENTREPRENEURIAL  BUSINESSES  SUPPORTED,  and  any  other  information
 deemed  necessary  by the commissioner. The department shall prominently
 post  the  comprehensive  economic  development report on its website no
 later than January first of each year.
   § 2. Section 100-b of  the  economic  development  law,  as  added  by
 section  2  of part DDD of chapter 58 of the laws of 2023, is amended to
 read as follows:
   § 100-b. Comprehensive report on the activities of the office of stra-
 tegic workforce development. Beginning on February first,  two  thousand
 twenty-four,  and  every February first thereafter, the department shall
 prepare a comprehensive annual report on the activities and efficacy  of
 the  office of strategic workforce development. In preparing the report,
 the department shall  coordinate  with  the  department  of  labor,  the
 department  of  education,  the  state  university of New York, the city
 university of New York, the office of temporary and  disability  assist-
 ance,  the office of children and family services, the urban development
 corporation and its subsidiaries, and any other relevant agency or enti-
 ty. Such report shall include, but need not  be  limited  to:  aggregate
 totals  for  each  economic development program administered directly by
 the office of strategic workforce development, and aggregate totals  for
 related programs in other agencies wherein such program funds are appro-
 priated within the office of strategic workforce development, the number
 of  awards  made  since  the last report as well as the number of awards
 made to date, the number  of  business  partners  secured  through  such
 awards,  the  dollar total of such awards, regional distribution of such
 awards, the identified statewide and regional priority sectors as  iden-
 tified by the urban development corporation with input from the regional
 economic  development  councils  including  a  description  of each such
 sector, the number of trainees assisted through such awards, THE  NUMBER
 OF  INDIVIDUALS WHO, UPON COMPLETION OF AN EMPLOYMENT OR SKILLS TRAINING
 PROGRAM, WORK IN THE SAME OR RELEVANT  FIELD  AS  THAT  FOR  WHICH  THEY
 RECEIVED TRAINING UNDER SUCH PROGRAM; THE NUMBER OF INDIVIDUALS WHO, TWO
 AND  FIVE YEARS AFTER THEIR COMPLETION OF AN EMPLOYMENT OR SKILLS TRAIN-
 ING PROGRAM, WORK IN THE SAME OR RELEVANT FIELD AS THAT FOR  WHICH  THEY
 RECEIVED TRAINING UNDER SUCH PROGRAM; THE leveraged matching funds asso-
 ciated with awards, program participation rates, THE DIRECT AND INDIRECT
 RETURN  ON  THE STATE'S INVESTMENT  IN WORKFORCE DEVELOPMENT AND OVERALL
 ECONOMIC IMPACT OF SUCH LOANS, GRANTS AND OTHER  AWARDS  OR  ASSISTANCE,
 industry  trends,  and  any  other  information  deemed necessary by the
 commissioner. The department shall prominently  post  the  comprehensive
 economic  development report on its website no later than February first
 of each year.
   § 3. Subdivision 12 of section 134 of the economic development law, as
 amended by chapter 16 of the  laws  of  2014,  is  amended  to  read  as
 follows:
   12. compile an annual report on the state of small businesses, partic-
 ularly  those with twenty-five employees or less which shall be known as
 micro-businesses under this subdivision. The commissioner shall,  on  or
 before June first, two thousand fourteen and annually thereafter, submit
 to  the  governor, the temporary president of the senate and the speaker
 of the assembly a report that shall include, but not be limited to,  the
 following information for each calendar year:
   (a)  the  growth  and economic trends of small businesses which may be
 categorized by various small business sizes, INCLUDING  MICRO-BUSINESSES
 and/or sectors;
 A. 8808--B                         87
 
   (b)  an  analysis  of relevant and available employment AND EMPLOYMENT
 TRAINING PROGRAMS, statistical and economic data of  the  various  small
 business  sectors throughout New York state, which may be categorized by
 various small business sizes, INCLUDING MICRO-BUSINESSES;
   (c)  [suggestions] RECOMMENDATIONS to improve the efficiency of exist-
 ing GRANT, loan, OR  OTHER  ECONOMIC  DEVELOPMENT  ASSISTANCE  INCLUDING
 PROGRAMS  RELATED  TO    WORKFORCE  DEVELOPMENT,  TRAINING  AND BUSINESS
 MENTORING programs;
   (d) [suggestions]  RECOMMENDATIONS to improve small business growth;
   (e) statistical and economic analysis of the state of small businesses
 by various small business sizes and/or  sectors,  INCLUDING  MICRO-BUSI-
 NESSES AND ENTREPRENEURIAL BUSINESSES; and
   (f)  identification  and  review  of  the local and state regulations,
 fines and penalties particular to small businesses which may be categor-
 ized by various small business sizes and/or sectors.
   The division shall collaborate with other state and local agencies  to
 develop  the  annual  report. The office shall maintain and publish such
 information on the small business directory webpage  in  a  manner  that
 allows  individuals  to  search  the  report  by  name, date, or type of
 statistics. The format of  the  annual  report  shall  be  developed  in
 consultation  with  various small business owners to ensure the informa-
 tion collected, analyzed, and published for the purposes of this  subdi-
 vision is representative of all small businesses in the state.
   §  4.  Subdivision  16  of  section  21  of the labor law, as added by
 section 3 of part DDD of chapter 58 of the laws of 2023, is  amended  to
 read as follows:
   16.  Beginning  on December first, two thousand twenty-four, and every
 December first thereafter, the department shall prepare a report of  the
 catalogue of workforce development funding programs established pursuant
 to  subdivision  fifteen  of  this  section  comprised  of  AN  analysis
 conducted by the agency or entity responsible for each workforce  devel-
 opment funding program on the outcomes and effectiveness of such funding
 programs  and the number of persons served by such funding.  EACH ANALY-
 SIS OF A WORKFORCE DEVELOPMENT FUNDING PROGRAM SHALL  ALSO  INCLUDE  ALL
 AMOUNTS  APPROPRIATED  IN  THE  MOST  RECENT THREE YEARS, BROKEN DOWN BY
 FISCAL YEAR AND CATEGORIZED BY FEDERAL FUNDS, STATE  GENERAL  FUNDS  AND
 STATE  SPECIAL  REVENUE, AND SHALL INCLUDE ALL AMOUNTS DISBURSED FOR THE
 PRIOR TWO FISCAL YEARS BROKEN DOWN BY FEDERAL FUNDS, STATE GENERAL FUNDS
 AND STATE SPECIAL REVENUE. EACH  ANALYSIS  OF  A  WORKFORCE  DEVELOPMENT
 FUNDING  TRAINING  PROGRAM  IN THE CATALOGUE SHALL INCLUDE THE NUMBER OF
 INDIVIDUALS WHO, UPON COMPLETION OF THE PROGRAM, WORK  IN  THE  SAME  OR
 RELEVANT  FIELD  AS  THAT  FOR  WHICH  THEY RECEIVED TRAINING UNDER SUCH
 PROGRAM AND THE NUMBER OF INDIVIDUALS WHO,  TWO  AND  FIVE  YEARS  AFTER
 THEIR  COMPLETION  OF THE PROGRAM, WORK IN THE SAME OR RELEVANT FIELD AS
 THAT FOR WHICH THEY RECEIVED TRAINING UNDER SUCH PROGRAM. Such  analysis
 must  be  submitted to the department by a date specified by the depart-
 ment each year. Such report shall be  submitted  to  the  governor,  the
 temporary  president  of  the  senate,  the speaker of the assembly, the
 minority leader of the senate and the minority leader  of  the  assembly
 and shall be made publicly available on the department's website.
   § 5. This act shall take effect immediately.
 
                                  PART QQ
 A. 8808--B                         88
 
   Section  1.  Legislative intent. (a) The legislature finds that access
 to affordable and reliable  energy  is  essential  for  maintaining  the
 health, safety, and welfare of New Yorkers.
   (b) The legislature further finds that low and fixed-income households
 are  disproportionately  burdened  by  high  energy costs, and that such
 costs can have significant adverse impacts.
   (c) The legislature recognizes the need to provide  additional  finan-
 cial support to ensure such households have access to affordable energy.
   (d)  The legislature recognizes the energy burden standard established
 through an Order Adopting Low Income Program Modifications and Directing
 Utility Filings issued and effective May 20, 2016, in Case No 14-M-0565,
 that requires low-income residential customers not spend more  than  six
 percent of their income on energy bills.
   (e)  The  legislature further finds that the passage of chapter 764 of
 the laws of 2023, which requires data  matching  between  utilities  and
 affordability  program  participants,  will facilitate the enrollment of
 eligible  households,  likely  increasing  the   number   of   utilities
 constrained  by the Order's limitation that each utility only spend two-
 percent of their annual revenue on the program and  thereby  potentially
 decreasing the available benefits for all participants unless additional
 funding is provided.
   § 2. The public service law is amended by adding a new section 66-x to
 read as follows:
   §  66-X.  ENERGY  AFFORDABILITY  PROGRAM.  1. FOR THE PURPOSES OF THIS
 SECTION:
   (A) "ENERGY BURDEN" SHALL MEAN  THE  PERCENTAGE  OF  HOUSEHOLD  INCOME
 SPENT ON ENERGY BILLS.
   (B)  "ELECTRIC  CORPORATION" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION THIRTEEN OF SECTION TWO OF THIS CHAPTER.
   (C) "COMBINATION GAS AND ELECTRIC CORPORATION"  SHALL  HAVE  THE  SAME
 MEANING  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO OF THIS CHAP-
 TER.
   (D) "LONG ISLAND POWER AUTHORITY" SHALL MEAN  THE  LONG  ISLAND  POWER
 AUTHORITY  ESTABLISHED  PURSUANT TO SECTION ONE THOUSAND TWENTY-C OF THE
 PUBLIC AUTHORITIES LAW.
   (E) "ELIGIBLE LOW-INCOME RESIDENTIAL CUSTOMERS" SHALL MEAN RESIDENTIAL
 ELECTRIC CUSTOMERS OF ELECTRIC  CORPORATIONS  AND  COMBINATION  GAS  AND
 ELECTRIC  CORPORATIONS  REGULATED  BY THE PUBLIC SERVICE COMMISSION, AND
 THE LONG ISLAND POWER AUTHORITY, WHO QUALIFY AND ENROLL  IN  THE  ENERGY
 AFFORDABILITY  POLICY  PROGRAM ESTABLISHED BY THE PUBLIC SERVICE COMMIS-
 SION ORDER ADOPTING LOW INCOME PROGRAM MODIFICATIONS AND DIRECTING UTIL-
 ITY FILINGS ISSUED AND EFFECTIVE MAY TWENTIETH, TWO THOUSAND SIXTEEN  IN
 CASE NUMBER 14-M-0565.
   2.  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE ENERGY AFFORDABILITY
 PROGRAM WORKING GROUP, WITHIN FUNDING APPROPRIATED BY A CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  TWENTY-FOUR,  SHALL ESTABLISH AND ADMINISTER AN
 ENERGY AFFORDABILITY PROGRAM TO REDUCE THE RESIDENTIAL HOUSEHOLD  ENERGY
 BURDEN  OF ELIGIBLE LOW-INCOME RESIDENTIAL CUSTOMERS. SUCH PROGRAM SHALL
 INCLUDE A CAP ON A PARTICIPATING  RESIDENTIAL  CUSTOMER'S  ANNUAL  TOTAL
 ELECTRIC  USAGE,  BY  KILOWATT HOUR, BASED ON EACH CUSTOMER'S HISTORICAL
 HOUSEHOLD USAGE.
   3. EACH ELECTRIC CORPORATION AND COMBINATION GAS AND  ELECTRIC  CORPO-
 RATION  REGULATED  BY THE PUBLIC SERVICE COMMISSION, AND THE LONG ISLAND
 POWER AUTHORITY, SHALL USE ANY FUNDING RECEIVED FROM  THE  APPROPRIATION
 OF  A  CHAPTER  OF  THE  LAWS OF TWO THOUSAND TWENTY-FOUR TO ENSURE THAT
 A. 8808--B                         89
 
 ELIGIBLE LOW-INCOME RESIDENTIAL CUSTOMERS ARE PROVIDED  WITH  A  BENEFIT
 THAT ENSURES THEIR ENERGY BURDEN DOES NOT EXCEED SIX PERCENT.
   4. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT AN ENERGY AFFORD-
 ABILITY  PROGRAM  WORKING  GROUP.  (A)  THE ENERGY AFFORDABILITY PROGRAM
 WORKING GROUP SHALL CONSIST OF AT LEAST ONE REPRESENTATIVE FROM EACH  OF
 THE FOLLOWING: THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION,  THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
 LONG ISLAND POWER AUTHORITY, THE  OFFICE  OF  TEMPORARY  AND  DISABILITY
 ASSISTANCE,  AND THE UTILITY INTERVENTION UNIT AS DEFINED IN SUBDIVISION
 FOUR OF SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW.
   (B) THE WORKING GROUP SHALL MEET AT THE  CALL  OF  THE  CHAIR  OF  THE
 DEPARTMENT AND ALL MEETINGS SHALL BE OPEN TO THE PUBLIC.
   (C) THE WORKING GROUP SHALL DEVELOP OBJECTIVES AND PRIORITIES, INCLUD-
 ING  STRATEGIES TO INCREASE ENERGY AFFORDABILITY PROGRAM ENROLLMENT, AND
 SHALL PROVIDE OPPORTUNITIES FOR PUBLIC COMMENT TO IMPROVE ENERGY AFFORD-
 ABILITY FOR LOW-INCOME AND MODERATE-INCOME HOUSEHOLDS.
   (D) THE WORKING GROUP SHALL PREPARE AND SUBMIT A  REPORT,  THAT  SHALL
 INCLUDE,  AT  A MINIMUM, OBJECTIVES AND PRIORITIES, INCLUDING STRATEGIES
 TO INCREASE ENERGY AFFORDABILITY PROGRAM ENROLLMENT AND TO IMPROVE ENER-
 GY AFFORDABILITY FOR LOW-INCOME AND MODERATE-INCOME HOUSEHOLDS,  TO  THE
 PUBLIC  SERVICE  COMMISSION, GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE
 AND SPEAKER OF THE ASSEMBLY BY DECEMBER THIRTY-FIRST, ANNUALLY AND SHALL
 POST SUCH REPORT ON THE DEPARTMENT'S WEBSITE.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through QQ 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. 8308--C                                            A. 8808--C
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend part PP of chapter 54 of the laws of 2016 amending the
   public authorities law and the general municipal law relating  to  the
   New York transit authority and the metropolitan transportation author-
   ity,  in  relation  to extending provisions of law relating to certain
   tax increment financing provisions  (Part  A);  intentionally  omitted
   (Part  B); intentionally omitted (Part C); intentionally omitted (Part
   D); to amend part I of chapter 413 of the laws of  1999,  relating  to
   providing  for mass transportation payments, in relation to the amount
   of   payments in the  Capital  District  Transportation  District  and
   adding  Warren  County to such District (Part E); 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 F); to amend part U1 of 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 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, in relation to the effectiveness thereof
   (Part G); intentionally omitted (Part H); intentionally omitted  (Part
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12673-05-4
 S. 8308--C                          2                         A. 8808--C
 
   I);  to  amend  part  FF of chapter 55 of the laws of 2017 relating to
   motor  vehicles  equipped  with  autonomous  vehicle  technology,   in
   relation to the effectiveness thereof (Part J); to amend the transpor-
   tation  law  and  the vehicle and traffic law, in relation to enacting
   the stretch limousine passenger safety  act;  and  providing  for  the
   repeal  of  certain  provisions  upon  expiration thereof (Part K); to
   amend the executive law, the criminal procedure  law,  the  retirement
   and  social  security law and the tax law, in relation to creating the
   Waterfront Commission Act;  and to repeal chapter 882 of the  laws  of
   1953 relating to waterfront employment and air freight  industry regu-
   lation  (Part  L); to amend part DDD of chapter 55 of the laws of 2021
   amending  the  public authorities law relating  to  the  clean  energy
   resources  development  and  incentives  program,  in  relation to the
   effectiveness thereof; and to amend the  public  authorities  law,  in
   relation  to renewable energy generation projects and qualified energy
   storage systems (Part M); in relation  to  authorizing  the  New  York
   state  energy  research and development authority to finance a portion
   of its research, development and demonstration, policy  and  planning,
   and Fuel NY program, as well as climate change related expenses of the
   department of environmental conservation from an assessment on gas and
   electric  corporations  (Part N); to amend the public service law, the
   eminent domain  procedure  law,  the  energy  law,  the  environmental
   conservation  law,  the  public authorities law, and the labor law, in
   relation to transferring the functions  of  the  office  of  renewable
   energy siting to the department of public service and accelerating the
   permitting  of  electric  utility  transmission  facilities; to repeal
   certain provisions of the executive law and  the  public  service  law
   relating  thereto;  and providing for the repeal of certain provisions
   upon expiration thereof (Part O); intentionally omitted (Part  P);  to
   authorize  utility and cable television assessments that provide funds
   to the department of health from cable television assessment  revenues
   and  to the department of agriculture and markets, department of envi-
   ronmental conservation, department of state, and the office of  parks,
   recreation and historic preservation from utility assessment revenues;
   and providing for the repeal of such provisions upon expiration there-
   of  (Part  Q);  intentionally  omitted (Part R); to amend the environ-
   mental conservation law, in relation to authorizing  state  assistance
   payments  toward  climate  smart  community  projects  of up to eighty
   percent to municipalities that meet  criteria  relating  to  financial
   hardship  or disadvantaged communities (Part S); to amend the environ-
   mental conservation law, in relation to air  quality  control  program
   fees and ozone non-attainment fee programs; to amend the state finance
   law, in relation to establishing the air quality improvement fund; and
   to repeal certain provisions of the environmental conservation law and
   the state finance law relating thereto (Part T); intentionally omitted
   (Part  U);  to  amend  chapter  584  of the laws of 2011, amending the
   public authorities law relating to the powers and duties of the dormi-
   tory authority of the state of New York relative to the  establishment
   of subsidiaries for certain purposes, in relation to the effectiveness
   thereof  (Part V); to amend the public authorities law, in relation to
   the Battery Park city authority (Part W); to amend the economic devel-
   opment law, in relation to increasing the cap on grants to  entrepren-
   eurship  assistance centers (Part X); to amend chapter 261 of the laws
   of 1988, amending the state  finance law and other  laws  relating  to
   the  New  York  state  infrastructure  trust  fund, in relation to the
   effectiveness  thereof (Part Y); to amend the  New  York  state  urban
 S. 8308--C                          3                         A. 8808--C
 
   development  corporation  act,  in relation to extending the authority
   of the New York state urban development corporation to administer  the
   empire  state economic development fund (Part Z); 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 AA); 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 assistance demonstration  project,
   in  relation  to  the  effectiveness  thereof (Part BB); intentionally
   omitted (Part CC); intentionally  omitted  (Part  DD);  to  amend  the
   insurance  law, in   relation to cost sharing for covered prescription
   insulin drugs (Part  EE);  intentionally  omitted  (Part  FF);  inten-
   tionally  omitted  (Part  GG); intentionally omitted (Part HH); inten-
   tionally omitted (Part II); intentionally omitted (Part JJ); to  amend
   part WW of chapter 56 of the laws of 2022 amending the public officers
   law relating to permitting  videoconferencing and remote participation
   in public meetings under certain circumstances, in relation to extend-
   ing  the  provisions thereof (Part KK); to amend the insurance law, in
   relation to reinsurance, distribution for life insurers,  and  assess-
   ments; and to amend the tax law, in relation to the credit relating to
   life  and health insurance guaranty corporation assessments (Part LL);
   to amend the civil rights law, in relation to privacy rights involving
   digitization (Subpart A); and to amend the election law,  in  relation
   to  digitization  in political communications (Subpart B)(Part MM); to
   amend the insurance law, in relation to  rates  for  livery  insurance
   (Part  NN);  to amend the New York state urban development corporation
   act, in relation to internships for the regional economic  development
   partnership  program  (Part  OO); to amend the tax law, in relation to
   establishing a sales tax exemption for residential energy storage; and
   providing for the repeal of such provisions  upon  expiration  thereof
   (Part PP); in relation to directing the New York state energy research
   and  development  authority  to  conduct  a highway and depot charging
   needs evaluation (Part QQ); in relation to authorizing  the  state  to
   consent  to  binding  arbitration  with  respect to certain contracts,
   agreements or instruments adopted by the Gateway  Development  Commis-
   sion  (Part  RR);  to amend the public authorities law, in relation to
   establishing a  local  authorities  searchable  subsidy  and  economic
   development    benefits  database (Subpart A); and to amend the public
   authorities law, in relation to the applicability of open meetings and
   freedom of information laws to certain  state  and  local  authorities
   (Subpart  B)  (Part SS); and to amend the economic development law and
   the urban development corporation act, in relation to establishing the
   New York state empire artificial intelligence research program and the
   empire AI consortium; and in relation to the  plan  of  operation  and
   financial oversight of the empire AI consortium; and providing for the
   repeal  of certain provisions upon expiration thereof (Subpart A); and
   in relation to authorizing the state university of New York at Buffalo
   to lease a portion of lands to the empire AI consortium to create  and
   launch  a  state-of-the-art  artificial  intelligence computing center
   (Subpart B) (Part TT)

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 S. 8308--C                          4                         A. 8808--C
 
   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 2024-2025 state fiscal
 year. Each component is wholly contained within  a  Part  identified  as
 Parts  A  through  TT.  The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A
 
   Section 1. Section 3 of part PP of chapter 54  of  the  laws  of  2016
 amending the public authorities law and the general municipal law relat-
 ing  to  the New York transit authority and the metropolitan transporta-
 tion authority, as amended by section 1 of part C of chapter 58  of  the
 laws of 2023, 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, [2024] 2025, 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 B
 
                           Intentionally Omitted
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
                           Intentionally Omitted
 
                                  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  E of chapter 58 of the laws of 2022, 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
 S. 8308--C                          5                         A. 8808--C
 
 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 .......................        [55.27]  54.05
 Rensselaer ...................        [22.96]  22.45
 Saratoga .....................         [4.04]  3.95
 Schenectady ..................        [16.26]  15.90
 Montgomery ...................         [1.47]  1.44
 WARREN .......................          2.21
 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
 S. 8308--C                          6                         A. 8808--C
 
   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
 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
 S. 8308--C                          7                         A. 8808--C
 
 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.
   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
 S. 8308--C                          8                         A. 8808--C
 
 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, 2024.
 
                                  PART F
 
   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  1  of part O of chapter 58 of the laws of 2022, 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, [2024] 2026; 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 G
 
   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 P of chapter 58 of the laws of 2022, 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,
 [2024]  2026;  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, [2024] 2026.
   §  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 P of chapter 58 of the laws of
 2022, 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, [2024] 2026.
   § 3. This act shall take effect immediately.
 
                                  PART H
 
                           Intentionally Omitted
 
                                  PART I
 
                           Intentionally Omitted
 
                                  PART J
 S. 8308--C                          9                         A. 8808--C
 
   Section 1. Section 3 of part FF of chapter 55 of  the  laws  of  2017,
 relating  to motor vehicles equipped with autonomous vehicle technology,
 as amended by section 1 of part J of chapter 58 of the laws of 2023,  is
 amended to read as follows:
   § 3. This act shall take effect April 1, 2017; provided, however, that
 section  one  of  this  act shall expire and be deemed repealed April 1,
 [2024] 2026.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART K
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "stretch limousine passenger safety act".
   § 2. Subdivision 9 of  section  138  of  the  transportation  law,  as
 amended  by  chapter  12  of  the  laws  of  2020, is amended to read as
 follows:
   9. To maintain and annually update its website to provide  information
 with  regard  to  each bus operator or motor carrier under subparagraphs
 (ii) and (vi) of paragraph a of subdivision two of section  one  hundred
 forty  of  this  article  requiring  department operating authority that
 includes  the  bus  operator's  or  motor  carrier's  name,  number   of
 inspections,  number  of  out of service orders, operator identification
 number, location and region of operation  including  place  of  address,
 percentile  to  which an operator or motor carrier falls with respect to
 out of service defects, the number  or  percentage  of  out  of  service
 defects  where  pursuant to the commissioner's regulations no inspection
 certificate shall be issued until the defect is repaired  and  a  re-in-
 spection  is  conducted,  and  the  number of serious physical injury or
 fatal crashes involving a for-hire vehicle requiring operating authority
 pursuant to this article, AND A LINK TO ACCESS PUBLICLY AVAILABLE INFOR-
 MATION ON SAFETY FITNESS STANDARDS AND MOTOR CARRIER SAFETY AND PERFORM-
 ANCE DATA MAINTAINED BY THE FEDERAL MOTOR CARRIER SAFETY  ADMINISTRATION
 OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION PURSUANT TO PART THREE
 HUNDRED  EIGHTY-FIVE  OF  TITLE  FORTY-NINE OF THE CODE OF FEDERAL REGU-
 LATIONS.
   § 3. Subparagraph (iii) of paragraph (b) of subdivision 10 of  section
 138  of  the  transportation  law,  as added by chapter 5 of the laws of
 2020, is amended to read as follows:
   (iii) In consultation and cooperation with the commissioner  of  motor
 vehicles,  the  commissioner  shall  report on safety issues reported to
 such website, and toll-free hotline and related investigations summariz-
 ing (A) the total number of safety issue reports received and  the  type
 of  safety issues reported; (B) the total number of safety issue reports
 received and the type of safety issues reported where  the  commissioner
 or  the  commissioner  of  motor  vehicles,  as applicable, verified the
 information provided; (C) enforcement actions and other responses  taken
 by  the  commissioner or the commissioner of motor vehicles, as applica-
 ble, to safety issue reports received  where  the  commissioner  or  the
 commissioner  of motor vehicles, as applicable, has verified such infor-
 mation; and (D) the length of time between the receipt of  safety  issue
 reports  from  such  website, or hotline and enforcement action or other
 response by the commissioner or the commissioner of motor  vehicles,  as
 applicable.  Such report shall be made publicly available on the depart-
 ment's website in a searchable format, [and] shall be published no  less
 than once annually, AND SHALL COMPARE THE PREVIOUS THREE YEARS OF REPORT
 S. 8308--C                         10                         A. 8808--C
 
 DATA  TO  THE EXTENT APPLICABLE. Such report may also be included within
 the department's annual report submitted pursuant to  subdivision  thir-
 teen of section fourteen of this chapter.
   §  4.  Subparagraph (i) of paragraph b of subdivision 9 of section 140
 of the transportation law, as amended by chapter 9 of the laws of  2020,
 is amended and a new subparagraph (i-a) is added to read as follows:
   (i) Whenever an altered  motor  vehicle  commonly  referred  to  as  a
 "stretch limousine" has failed an inspection and been placed out-of-ser-
 vice, the commissioner may direct a police officer or [his or her] agent
 OF  SUCH  COMMISSIONER  to  immediately  secure possession of the number
 plates of such vehicle and return the same to the commissioner of  motor
 vehicles.  The commissioner shall notify the commissioner of motor vehi-
 cles to that effect, and the commissioner of motor vehicles shall there-
 upon suspend the registration of such vehicle until  such  time  as  the
 commissioner gives notice that the out-of-service defect has been satis-
 factorily  adjusted. Provided, however, that the commissioner shall give
 notice and an opportunity to be heard within not more than  thirty  days
 of  the  suspension.  Failure  of the holder or of any person possessing
 such plates to deliver to the commissioner or [his or her] agent OF SUCH
 COMMISSIONER who requests the same pursuant to this paragraph shall be a
 misdemeanor. The commissioner of motor vehicles shall have the authority
 to deny a registration or renewal application to any  other  person  for
 the  same  vehicle  where  it has been determined that such registrant's
 intent has been to evade the purposes of this paragraph  and  where  the
 commissioner  of  motor  vehicles has reasonable grounds to believe that
 such registration or renewal will  have  the  effect  of  defeating  the
 purposes  of  this paragraph. The procedure on any such suspension shall
 be the same as in the case of a suspension under the vehicle and traffic
 law.   [Operation of  such  motor  vehicle  while  under  suspension  as
 provided in this subdivision shall constitute a class A misdemeanor.]
   (I-A)  NO  PERSON,  CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
 ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY  OFFICER  OR  AGENT
 THEREOF,  SHALL OPERATE OR KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE
 ANY PERSON TO OPERATE A MOTOR VEHICLE WHILE UNDER SUSPENSION AS PROVIDED
 IN THIS SUBDIVISION. A VIOLATION OF THIS SUBPARAGRAPH SHALL CONSTITUTE A
 CLASS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT LESS THAN FIVE  THOUSAND
 DOLLARS  NOR  MORE  THAN TWENTY-FIVE THOUSAND DOLLARS IN ADDITION TO ANY
 OTHER PENALTIES PROVIDED BY LAW.
   § 5. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 55 to read as follows:
    55.  STRETCH LIMOUSINE ROLL-OVER PROTECTION DEVICES  AND  ANTI-INTRU-
 SION  BARS.   (A) EVERY STRETCH LIMOUSINE REGISTERED IN THIS STATE SHALL
 BE EQUIPPED WITH ROLL-OVER PROTECTION DEVICES  AND  ANTI-INTRUSION  BARS
 WITHIN  NO LATER THAN ONE YEAR OF THE DATE UPON WHICH THE NATIONAL HIGH-
 WAY TRAFFIC SAFETY ADMINISTRATION PROMULGATES FINAL  REGULATIONS  ESTAB-
 LISHING  STANDARDS FOR COMMERCIAL ROLL-OVER PROTECTION DEVICES AND ANTI-
 INTRUSION BARS.
   (B) FOR THE PURPOSES OF THIS  SUBDIVISION  "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.
   § 6. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 56 to read as follows:
   56. STRETCH LIMOUSINE ADDITIONAL  EQUIPMENT  REQUIREMENTS.  (A)  EVERY
 STRETCH  LIMOUSINE  REGISTERED  IN THIS STATE SHALL BE EQUIPPED WITH  AN
 S. 8308--C                         11                         A. 8808--C
 
 ACCESSIBLE WINDOW BREAK TOOL AND AN OPERATIONAL FIRE  EXTINGUISHER,  AND
 THE DRIVER AND PASSENGER PARTITION OF EVERY SUCH STRETCH LIMOUSINE SHALL
 BE  ACCESSIBLE  TO  REACH AN EMERGENCY EGRESS FROM SUCH VEHICLE IF OTHER
 FORMS  OF EGRESS  SUCH AS A ROOF HATCH ARE NOT AVAILABLE IN SUCH STRETCH
 LIMOUSINE.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "STRETCH LIMOUSINE" SHALL MEAN AN ALTERED MOTOR VEHICLE  HAVING  A
 SEATING  CAPACITY  OF  NINE  OR  MORE  PASSENGERS, INCLUDING THE DRIVER,
 COMMONLY REFERRED TO AS A "STRETCH LIMOUSINE" AND WHICH IS USED  IN  THE
 BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION; AND
   (II)  "WINDOW  BREAK  TOOL" SHALL MEAN A TOOL THAT CAN BE USED TO OPEN
 THE WINDOWS OF A STRETCH LIMOUSINE IN THE EVENT OF AN EMERGENCY.
   § 7. Section 375 of the vehicle and traffic law is amended by adding a
 new subdivision 57 to read as follows:
   57. STRETCH LIMOUSINE AGE AND MILEAGE  PARAMETERS.  (A)  IT  SHALL  BE
 UNLAWFUL  TO  OPERATE OR CAUSE TO BE OPERATED A STRETCH LIMOUSINE REGIS-
 TERED IN THIS STATE ON ANY PUBLIC HIGHWAY OR PRIVATE ROAD OPEN TO PUBLIC
 MOTOR VEHICLE TRAFFIC IF THE VEHICLE IS MORE THAN TEN YEARS OLD  OR  THE
 CUMULATIVE  MILEAGE  REGISTERED  ON THE VEHICLE'S ODOMETER EXCEEDS THREE
 HUNDRED FIFTY THOUSAND MILES, WHICHEVER OCCURS FIRST.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION,  "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.
   (C)(I) A STRETCH LIMOUSINE WITH AN ODOMETER READING THAT DIFFERS  FROM
 THE  NUMBER OF MILES THE STRETCH LIMOUSINE HAS ACTUALLY TRAVELED OR THAT
 HAS HAD A PRIOR HISTORY INVOLVING THE DISCONNECTION OR MALFUNCTIONING OF
 AN ODOMETER OR WHICH APPEARS TO THE COMMISSIONER TO HAVE  AN  INACCURATE
 ODOMETER  READING BASED ON PRIOR INSPECTION RECORDS, WILL BE ASSIGNED AN
 IMPUTED MILEAGE FOR EACH MONTH FROM THE LAST RELIABLE ODOMETER RECORDING
 THROUGH THE DATE OF INSPECTION, AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
 PARAGRAPH. A MOTOR CARRIER MAY  SEEK  REVIEW  OF  THE  DETERMINATION  TO
 ASSIGN IMPUTED MILEAGE AS PROVIDED PURSUANT TO ARTICLE SIX OF THE TRANS-
 PORTATION LAW AND RULES AND REGULATIONS PROMULGATED THEREUNDER.
   (II)  THE IMPUTED MILEAGE SHALL BE CALCULATED BY ADDING THE MILEAGE OF
 THE STRETCH LIMOUSINE RECORDED AT THE TWO MOST RECENT STRETCH  LIMOUSINE
 INSPECTIONS, INCLUDING ROADSIDE INSPECTIONS CONDUCTED BY THE COMMISSION-
 ER  OF  TRANSPORTATION  OR  DIVISION  OF STATE POLICE, WHICHEVER IS MORE
 RECENT, AND DIVIDING THAT SUM BY TWENTY-FOUR. THE QUOTIENT IS THE IMPUT-
 ED MONTHLY MILEAGE.
   (III) UNLESS OTHERWISE PROVIDED BY THE COMMISSIONER OF TRANSPORTATION,
 A STRETCH LIMOUSINE MAY NOT BE OPERATED OR  CAUSED  TO  BE  OPERATED  TO
 TRANSPORT  PASSENGERS  FOR COMPENSATION OR CONTINUE TRANSPORTING PASSEN-
 GERS FOR COMPENSATION IF A RELIABLE BASELINE ODOMETER READING CANNOT  BE
 ASCERTAINED.
   (IV)  A  MOTOR  CARRIER OR OPERATOR WHO KNOWS OR HAS REASON TO BELIEVE
 THAT THE ODOMETER READING OF A LIMOUSINE  DIFFERS  FROM  THE  NUMBER  OF
 MILES  THE  STRETCH  LIMOUSINE HAS ACTUALLY TRAVELED SHALL DISCLOSE THAT
 STATUS TO THE COMMISSIONER OR THE  DEPARTMENT  OF  TRANSPORTATION  IMME-
 DIATELY.
   § 8. Section 509-g of the vehicle and traffic law is amended by adding
 a new subdivision 7 to read as follows:
   7.  IN  ADDITION TO THE OTHER PROVISIONS OF THIS SECTION, IN THE EVENT
 THE COMMISSIONER AUTHORIZES OR REQUIRES THE  PRE-TRIP  SAFETY  BRIEFINGS
 REQUIRED  PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED NINE-M OF
 S. 8308--C                         12                         A. 8808--C
 
 THIS ARTICLE TO BE LIVE AND IN-PERSON, ALL MOTOR CARRIERS SHALL  CONDUCT
 A  REGULAR  OBSERVATION  OF  THE PROFICIENCY OF EACH DRIVER WHO OPERATES
 ALTERED MOTOR VEHICLES COMMONLY  REFERRED  TO  AS  "STRETCH  LIMOUSINES"
 DIRECTED  OR  OPERATED  BY SUCH MOTOR CARRIER, DESIGNED TO CARRY NINE OR
 MORE PASSENGERS INCLUDING THE DRIVER  PURSUANT  TO  OPERATING  AUTHORITY
 ISSUED  BY  THE COMMISSIONER OF TRANSPORTATION,   IN PROVIDING SUCH PRE-
 TRIP SAFETY BRIEFINGS.
   § 9. Section 509-m of the vehicle and traffic law is amended by adding
 a new subdivision 9 to read as follows:
   9. IN COORDINATION WITH THE COMMISSIONER  OF  TRANSPORTATION  AND  THE
 SUPERINTENDENT  OF STATE POLICE, ESTABLISH AND REGULARLY UPDATE THE FORM
 AND CONTENT OF A PRE-TRIP SAFETY BRIEFING FOR MOTOR CARRIERS THAT  OPER-
 ATE ALTERED MOTOR VEHICLES COMMONLY REFERRED TO AS "STRETCH LIMOUSINES",
 DESIGNED  TO CARRY NINE OR MORE PASSENGERS INCLUDING THE DRIVER PURSUANT
 TO OPERATING AUTHORITY ISSUED BY  THE  COMMISSIONER  OF  TRANSPORTATION,
 WHICH  MOTOR  CARRIERS SHALL PROVIDE TO PASSENGERS PRIOR TO TRANSPORTING
 SUCH PASSENGERS FOR HIRE IN SUCH STRETCH LIMOUSINES.
   § 10. 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.
   §  11.  This  act  shall  take  effect immediately; provided, however,
 sections two, three, four, eight and nine of this act shall take  effect
 one  year  after  it shall have become a law; provided further, however,
 section seven of this act shall take effect two  years  after  it  shall
 have  become  a  law; provided further, however, section six of this act
 shall take effect on the one hundred eightieth day after it  shall  have
 become  a  law; provided further, however, that sections five and six of
 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; provided that the commissioner of  motor
 vehicles or the commissioner of transportation shall notify the legisla-
 tive  bill drafting commission upon the occurrence of any federal agency
 determining in writing that this act would render New York state  ineli-
 gible  for the receipt of federal funds or any court of competent juris-
 diction finally determines that this act would render New York state out
 of compliance with federal law or regulation in order that  the  commis-
 sion  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.
 
                                  PART L
 
   Section  1.    Chapter  882 of the laws of 1953 relating to waterfront
 employment and air freight industry regulation is REPEALED.
 S. 8308--C                         13                         A. 8808--C
 
   § 2. The executive law is amended by adding a new article 19-I to read
 as follows:
                                ARTICLE 19-I
                         WATERFRONT COMMISSION ACT
 SECTION 534. SHORT TITLE.
         534-A. LEGISLATIVE FINDINGS AND DECLARATIONS.
         534-B. DEFINITIONS.
         534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED.
         534-D. GENERAL POWERS OF THE COMMISSION.
         534-E. DESIGNATION AS AGENT OF THE STATE.
         534-F. PIER SUPERINTENDENTS AND HIRING AGENTS.
         534-G. STEVEDORES.
         534-H. PROHIBITION OF PUBLIC LOADING.
         534-I. LONGSHORE WORKERS' REGISTER.
         534-J.  LIST  OF  QUALIFIED LONGSHORE WORKERS' FOR EMPLOYMENT AS
                    CHECKERS.
         534-K. REGULARIZATION OF LONGSHORE WORKERS' EMPLOYMENT.
         534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN
                    THE LONGSHORE WORKERS' REGISTER; EXCEPTIONS.
         534-M. SECURITY OFFICERS.
         534-N. HEARINGS, DETERMINATIONS AND REVIEW.
         534-O. EMPLOYMENT INFORMATION CENTERS.
         534-P. IMPLEMENTATION OF TELECOMMUNICATIONS  HIRING  SYSTEM  FOR
                    LONGSHORE WORKERS AND CHECKERS; REGISTRATION OF TELE-
                    COMMUNICATIONS SYSTEM CONTROLLER.
         534-Q. CONSTRUCTION OF ACT.
         534-R. CERTAIN SOLICITATIONS PROHIBITED; PROHIBITION AGAINST THE
                    HOLDING  OF  UNION  POSITION  BY  OFFICERS, AGENTS OR
                    EMPLOYEES WHO HAVE BEEN CONVICTED OF  CERTAIN  CRIMES
                    AND OFFENSES.
         534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES.
         534-T. DENIAL OF APPLICATIONS.
         534-U. REVOCATION OF LICENSES AND REGISTRATIONS.
         534-V. REFUSAL TO ANSWER QUESTION, IMMUNITY; PROSECUTION.
         534-W. ANNUAL PREPARATION OF A BUDGET REQUEST AND ASSESSMENTS.
         534-X. PAYMENT OF ASSESSMENT.
         534-Y. TRANSFER OF OFFICERS, EMPLOYEES.
         534-Z. ANNUAL REPORT.
   § 534. SHORT  TITLE.  THIS  ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "WATERFRONT COMMISSION ACT".
   § 534-A. LEGISLATIVE FINDINGS AND DECLARATIONS. 1. THE  STATE  OF  NEW
 YORK HEREBY FINDS AND DECLARES THAT:
   IN  1953,  THE  CONDITIONS  UNDER  WHICH WATERFRONT LABOR WAS EMPLOYED
 WITHIN THE PORT OF NEW YORK DISTRICT WERE DEPRESSING  AND  DEGRADING  TO
 SUCH  LABOR, RESULTING FROM THE LACK OF ANY SYSTEMATIC METHOD OF HIRING,
 THE LACK OF ADEQUATE INFORMATION AS TO THE AVAILABILITY  OF  EMPLOYMENT,
 CORRUPT  AND  DISCRIMINATORY  HIRING  PRACTICES, CRIMINAL PRACTICES, AND
 COERCION OF EMPLOYEES OR EMPLOYERS.  NOW, IT CONTINUES TO BE IN THE BEST
 INTEREST OF THE STATE TO REGULATE ACTIVITIES WITHIN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE TO PREVENT SUCH CONDITIONS AND TO PREVENT CIRCUM-
 STANCES THAT RESULT IN WATERFRONT LABORERS SUFFERING  FROM  IRREGULARITY
 OF  EMPLOYMENT, FEAR AND INSECURITY, INADEQUATE EARNINGS, AN UNDULY HIGH
 ACCIDENT RATE, SUBJECTION TO BORROWING AT USURIOUS  RATES  OF  INTEREST,
 EXPLOITATION  AND  EXTORTION AS THE PRICE OF SECURING EMPLOYMENT, A LOSS
 OF RESPECT FOR THE LAW, AND DESTRUCTION OF THE DIGNITY OF  AN  IMPORTANT
 SEGMENT  OF  AMERICAN  LABOR,  AND  TO PREVENT A DIRECT ENCOURAGEMENT OF
 S. 8308--C                         14                         A. 8808--C
 
 CRIME WHICH IMPOSES A LEVY OF GREATLY INCREASED COSTS ON FOOD, FUEL  AND
 OTHER  NECESSARIES  HANDLED IN AND THROUGH THE PORT OF NEW YORK DISTRICT
 IN THIS STATE.
   IT IS IN THE BEST INTEREST OF THE STATE TO ENSURE THAT THE FUNCTION OF
 LOADING  AND UNLOADING TRUCKS AND OTHER LAND VEHICLES AT PIERS AND OTHER
 WATERFRONT TERMINALS SHOULD BE PERFORMED, AS IN EVERY OTHER MAJOR AMERI-
 CAN PORT, WITHOUT THE ABUSES OF THE PUBLIC LOADER  SYSTEM,  AND  BY  THE
 CARRIERS OF FREIGHT BY WATER, STEVEDORES AND OPERATORS OF SUCH PIERS AND
 OTHER WATERFRONT TERMINALS OR THE OPERATORS OF SUCH TRUCKS OR OTHER LAND
 VEHICLES.    THEREFORE, IT IS IN THE BEST INTEREST OF THE STATE TO REGU-
 LATE THE OCCUPATIONS OF LONGSHORE WORKERS, STEVEDORES, PIER  SUPERINTEN-
 DENTS,  HIRING  AGENTS,  AND  SECURITY OFFICERS, WHO ARE AFFECTED WITH A
 PUBLIC INTEREST, WHICH IS AN EXERCISE OF THE POLICE POWER OF THIS STATE.
 IT IS FURTHER IN THE BEST INTEREST OF THE STATE TO ENSURE THAT THE METH-
 OD OF EMPLOYMENT OF LONGSHORE WORKERS AND SECURITY OFFICERS BE CONDUCTED
 THROUGH EMPLOYMENT INFORMATION CENTERS TO PREVENT GRAVE  INJURY  TO  THE
 WELFARE  OF WATERFRONT LABORERS AND OF THE PEOPLE AT LARGE AND TO ENSURE
 THE PRESERVATION OF THE FUNDAMENTAL RIGHTS AND LIBERTIES OF  LABOR,  THE
 ECONOMIC  STABILITY  OF THE PORT OF NEW YORK DISTRICT IN THIS STATE, AND
 THE ADVANCEMENT OF LAW ENFORCEMENT THEREIN.
   ALTHOUGH LAW ENFORCEMENT'S EFFORTS AGAINST TRADITIONAL ORGANIZED CRIME
 INFLUENCE HAVE BEEN SUCCESSFUL, SUCH  INFLUENCE  REMAINS  A  SIGNIFICANT
 THREAT  IN  THE  NEW  YORK  METROPOLITAN AREA, PARTICULARLY IN THE PORT.
 CONTINUED OVERSIGHT IS ESSENTIAL TO ENSURE  FAIR  AND  NONDISCRIMINATORY
 HIRING  PRACTICES, TO ELIMINATE LABOR RACKETEERING AND THE VICTIMIZATION
 OF LEGITIMATE UNION MEMBERS AND PORT BUSINESSES, AND TO  PREVENT  ORGAN-
 IZED  CRIME  FIGURES  FROM  DIRECTLY OPERATING AT THE CRITICAL POINTS OF
 INTERSTATE AND INTERNATIONAL SHIPPING.
   TO PRESERVE THE SAFETY AND WELFARE OF THE STATE, IT IS THE  INTENT  OF
 THIS  ACT  TO PREVENT AND ERADICATE MISMANAGEMENT, ABUSE OF LABOR, COER-
 CION, CORRUPTION,   PREVALENCE OF ORGANIZED  CRIME  AND  OTHER  CRIMINAL
 ACTIVITY,  TO  EXCLUDE OR REMOVE FROM THE PORT WORKFORCE INDIVIDUALS WHO
 WERE CONVICTED OF SERIOUS CRIMES OR WHO ASSOCIATE WITH  ORGANIZED  CRIME
 IN  VIOLATION  OF  THIS ACT, TO OVERCOME DISCRIMINATION AND OTHER UNFAIR
 HIRING PRACTICES, AND TO EXTIRPATE CORRUPTION AND  RACKETEERING  IN  THE
 PORT OF NEW  YORK DISTRICT IN THIS STATE.
   § 534-B. DEFINITIONS.  AS  USED  IN  THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ACT" SHALL MEAN THIS ARTICLE AND  RULES  OR  REGULATIONS  LAWFULLY
 PROMULGATED  THEREUNDER  AND SHALL INCLUDE ANY AMENDMENTS OR SUPPLEMENTS
 TO THIS ARTICLE TO IMPLEMENT THE PURPOSES THEREOF.
   2. "BI-STATE COMMISSION" SHALL MEAN THE WATERFRONT COMMISSION  OF  NEW
 YORK  HARBOR ESTABLISHED BY THE STATE OF NEW YORK PURSUANT TO P.L. 1953,
 C.882 (NY UNCONSOL. CH.307, S.1) AND BY THE STATE OF NEW JERSEY PURSUANT
 TO ITS AGREEMENT THERETO UNDER P.L.1953, C.202 (C.32:23-1 ET SEQ.).
   3. "CARRIER OF FREIGHT BY WATER" SHALL MEAN  ANY  PERSON  WHO  MAY  BE
 ENGAGED OR WHO MAY HOLD ONESELF OUT AS WILLING TO BE ENGAGED, WHETHER AS
 A  COMMON  CARRIER,  AS  A  CONTRACT  CARRIER  OR  OTHERWISE (EXCEPT FOR
 CARRIAGE OF LIQUID CARGOES IN BULK IN  TANK  VESSELS  DESIGNED  FOR  USE
 EXCLUSIVELY  IN  SUCH  SERVICE  OR  CARRIAGE  BY  BARGE  OF BULK CARGOES
 CONSISTING OF ONLY A SINGLE COMMODITY LOADED OR CARRIED WITHOUT WRAPPERS
 OR CONTAINERS AND DELIVERED BY THE CARRIER WITHOUT  TRANSPORTATION  MARK
 OR  COUNT)  IN THE CARRIAGE OF FREIGHT BY WATER BETWEEN ANY POINT IN THE
 PORT OF NEW YORK DISTRICT AND A POINT OUTSIDE SAID DISTRICT.
 S. 8308--C                         15                         A. 8808--C
 
   4. "CONTAINER" SHALL MEAN ANY RECEPTACLE, BOX, CARTON OR  CRATE  WHICH
 IS  SPECIFICALLY  DESIGNED  AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY
 USED FOR THE CARRIAGE OF FREIGHT BY A CARRIER OF FREIGHT BY WATER.
   5.  "CHECKER"  SHALL MEAN A LONGSHORE WORKER WHO IS EMPLOYED TO ENGAGE
 IN DIRECT AND IMMEDIATE CHECKING OF WATERBORNE FREIGHT OR OF THE  CUSTO-
 DIAL  ACCOUNTING THEREFOR OR IN THE RECORDING OR TABULATION OF THE HOURS
 WORKED AT  PIERS  OR  OTHER  WATERFRONT  TERMINALS  BY NATURAL   PERSONS
 EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES.
   6.  "COMMISSION"  SHALL MEAN THE NEW YORK WATERFRONT COMMISSION ESTAB-
 LISHED BY SECTION FIVE HUNDRED THIRTY-FOUR-C OF THIS ARTICLE.
   7. "CAREER OFFENDER" SHALL MEAN A PERSON WHOSE BEHAVIOR IS PURSUED  IN
 AN  OCCUPATIONAL  MANNER  OR  CONTEXT  FOR  THE PURPOSE OF ECONOMIC GAIN
 UTILIZING SUCH METHODS AS ARE DEEMED  CRIMINAL  VIOLATIONS  AGAINST  THE
 PUBLIC POLICY OF THE STATE OF NEW YORK.
   8.  "CAREER  OFFENDER  CARTEL" SHALL MEAN A NUMBER OF CAREER OFFENDERS
 ACTING IN CONCERT, AND MAY INCLUDE WHAT IS COMMONLY REFERRED  TO  AS  AN
 ORGANIZED CRIME GROUP.
   9.  "COURT  OF  THE UNITED STATES" SHALL MEAN ALL COURTS ENUMERATED IN
 SECTION FOUR HUNDRED FIFTY-ONE  OF  TITLE  TWENTY-EIGHT  OF  THE  UNITED
 STATES  CODE  AND  THE  COURTS-MARTIAL OF THE ARMED FORCES OF THE UNITED
 STATES.
   10. "FREIGHT" SHALL MEAN FREIGHT WHICH HAS BEEN, OR WILL  BE,  CARRIED
 BY OR CONSIGNED FOR CARRIAGE BY A CARRIER OF FREIGHT BY WATER.
   11.  "HIRING  AGENT" SHALL MEAN ANY NATURAL PERSON, WHO ON BEHALF OF A
 CARRIER OF FREIGHT BY WATER OR A STEVEDORE OR  ANY  OTHER  PERSON  SHALL
 SELECT ANY LONGSHORE WORKER FOR EMPLOYMENT.
   12.  "LONGSHORE WORKER" SHALL MEAN: (A) A NATURAL PERSON, OTHER THAN A
 HIRING AGENT, WHO IS EMPLOYED FOR WORK AT A  PIER  OR  OTHER  WATERFRONT
 TERMINAL, EITHER BY A CARRIER OF FREIGHT BY WATER OR BY A STEVEDORE TO:
   (1) PHYSICALLY MOVE WATERBORNE FREIGHT ON VESSELS BERTHED AT PIERS, ON
 PIERS OR AT OTHER WATERFRONT TERMINALS; OR
   (2)  ENGAGE IN DIRECT AND IMMEDIATE CHECKING OF ANY SUCH FREIGHT OR OF
 THE CUSTODIAL ACCOUNTING THEREFOR OR IN THE RECORDING OR  TABULATION  OF
 THE  HOURS  WORKED  AT  PIERS  OR  OTHER WATERFRONT TERMINALS BY NATURAL
 PERSONS EMPLOYED BY CARRIERS OF FREIGHT BY WATER OR STEVEDORES; OR
   (3) SUPERVISE DIRECTLY AND IMMEDIATELY OTHERS WHO ARE EMPLOYED  AS  IN
 SUBPARAGRAPH ONE OF THIS PARAGRAPH; OR
   (4) PHYSICALLY PERFORM LABOR OR SERVICES INCIDENTAL TO THE MOVEMENT OF
 WATERBORNE  FREIGHT  ON  VESSELS  BERTHED AT PIERS, ON PIERS OR AT OTHER
 WATERFRONT TERMINALS,  INCLUDING,  BUT  NOT  LIMITED  TO,  CARGO  REPAIR
 PERSONNEL,   COOPERS,  GENERAL  MAINTENANCE  PERSONNEL,  MECHANICAL  AND
 MISCELLANEOUS WORKERS, HORSE  AND  CATTLE  FITTERS,  GRAIN  CEILERS  AND
 MARINE CARPENTERS; OR
   (B)  A  NATURAL PERSON, OTHER THAN A HIRING AGENT, WHO IS EMPLOYED FOR
 WORK AT A PIER OR OTHER WATERFRONT TERMINAL BY ANY PERSON TO:
   (1) PHYSICALLY MOVE WATERBORNE FREIGHT TO OR FROM A BARGE, LIGHTER  OR
 RAILROAD CAR FOR TRANSFER TO OR FROM A VESSEL OF A CARRIER OF FREIGHT BY
 WATER WHICH IS, SHALL BE, OR SHALL HAVE BEEN BERTHED AT THE SAME PIER OR
 OTHER WATERFRONT TERMINAL; OR
   (2)  PERFORM  LABOR OR SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVE-
 MENT OF FREIGHT AT A  WATERFRONT  TERMINAL  AS  DEFINED  IN  SUBDIVISION
 FIFTEEN OF THIS SECTION.
   13.  "LONGSHORE WORKERS' REGISTER" SHALL MEAN THE REGISTER OF ELIGIBLE
 LONGSHORE WORKERS COMPILED AND MAINTAINED BY THE COMMISSION PURSUANT  TO
 SECTION FIVE HUNDRED THIRTY-FOUR-I OF THIS ARTICLE.
 S. 8308--C                         16                         A. 8808--C
 
   14.  "MARINE  TERMINAL" SHALL MEAN AN AREA WHICH INCLUDES PIERS, WHICH
 IS USED PRIMARILY FOR THE MOVING, WAREHOUSING, DISTRIBUTING  OR  PACKING
 OF  WATERBORNE  FREIGHT  OR  FREIGHT  TO  OR FROM SUCH PIERS, AND WHICH,
 INCLUSIVE OF SUCH PIERS, IS UNDER COMMON OWNERSHIP OR CONTROL.
   15. "OTHER WATERFRONT TERMINAL" SHALL INCLUDE:
   (A)  ANY  WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER) WHICH
 IS LOCATED WITHIN ONE THOUSAND YARDS OF ANY PIER IN THE PORT OF NEW YORK
 DISTRICT IN THIS STATE AND WHICH IS USED FOR WATERBORNE FREIGHT IN WHOLE
 OR SUBSTANTIAL PART; OR
   (B) ANY WAREHOUSE, DEPOT OR OTHER TERMINAL (OTHER THAN A PIER), WHETH-
 ER ENCLOSED OR OPEN, WHICH IS LOCATED IN A MARINE TERMINAL IN  THE  PORT
 OF  NEW YORK DISTRICT IN THIS STATE AND ANY PART OF WHICH IS USED BY ANY
 PERSON TO PERFORM LABOR OR SERVICES INVOLVING,  OR  INCIDENTAL  TO,  THE
 MOVEMENT OF WATERBORNE FREIGHT OR FREIGHT.
   16.  "PERSON"  SHALL MEAN NOT ONLY A NATURAL PERSON BUT ALSO ANY PART-
 NERSHIP, JOINT VENTURE, ASSOCIATION,  CORPORATION  OR  ANY  OTHER  LEGAL
 ENTITY  BUT  SHALL NOT INCLUDE THE UNITED STATES, ANY STATE OR TERRITORY
 THEREOF OR ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR  AUTHORITY  OF
 ONE OR MORE OF THE FOREGOING.
   17. "PIER" SHALL INCLUDE ANY WHARF, PIER, DOCK OR QUAY.
   18.  "PIER  SUPERINTENDENT" SHALL MEAN ANY NATURAL PERSON OTHER THAN A
 LONGSHORE WORKER WHO IS EMPLOYED FOR WORK AT A PIER OR OTHER  WATERFRONT
 TERMINAL  BY A CARRIER OF FREIGHT BY WATER OR A STEVEDORE AND WHOSE WORK
 AT SUCH PIER OR OTHER  WATERFRONT  TERMINAL  INCLUDES  THE  SUPERVISION,
 DIRECTLY OR INDIRECTLY, OF THE WORK OF LONGSHORE WORKERS.
   19.  "PORT  OF  NEW  YORK DISTRICT" SHALL MEAN THE DISTRICT CREATED BY
 ARTICLE II OF THE COMPACT DATED APRIL THIRTIETH, NINETEEN HUNDRED  TWEN-
 TY-ONE,  BETWEEN  THE  STATES  OF NEW YORK AND NEW JERSEY, AUTHORIZED BY
 CHAPTER ONE HUNDRED FIFTY-FOUR OF THE  LAWS  OF  NEW  YORK  OF  NINETEEN
 HUNDRED  TWENTY-ONE AND CHAPTER ONE HUNDRED FIFTY-ONE OF THE LAWS OF NEW
 JERSEY OF NINETEEN HUNDRED TWENTY-ONE.
   20. "SECURITY  OFFICER"  SHALL  INCLUDE  ANY  SECURITY  OFFICER,  GATE
 PERSON,  ROUNDS PERSON, DETECTIVE, GUARD, GUARDIAN OR PROTECTOR OF PROP-
 ERTY EMPLOYED BY THE OPERATOR OF ANY PIER OR OTHER  WATERFRONT  TERMINAL
 OR BY A CARRIER OF FREIGHT BY WATER TO PERFORM SERVICES IN SUCH CAPACITY
 ON ANY PIER OR OTHER WATERFRONT TERMINAL.
   21. THE TERM "SELECT ANY LONGSHORE WORKER FOR EMPLOYMENT" IN THE DEFI-
 NITION  OF  A HIRING AGENT IN THIS  SECTION SHALL INCLUDE SELECTION OF A
 PERSON FOR THE COMMENCEMENT OR CONTINUATION OF EMPLOYMENT AS A LONGSHORE
 WORKER, OR THE DENIAL OR TERMINATION OF EMPLOYMENT AS A LONGSHORE  WORK-
 ER.
   22. "STEVEDORE" SHALL MEAN:
   (A)  A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
 PURSUANT TO A CONTRACT OR ARRANGEMENT  WITH  A  CARRIER  OF  FREIGHT  BY
 WATER, IN MOVING WATERBORNE FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE BY
 SUCH  CARRIER  ON  VESSELS OF SUCH CARRIER BERTHED AT PIERS, ON PIERS AT
 WHICH SUCH VESSELS ARE BERTHED OR AT OTHER WATERFRONT TERMINALS; OR
   (B) A CONTRACTOR ENGAGED FOR COMPENSATION PURSUANT TO  A  CONTRACT  OR
 ARRANGEMENT  WITH  THE UNITED STATES, ANY STATE OR TERRITORY THEREOF, OR
 ANY DEPARTMENT, DIVISION, BOARD, COMMISSION OR AUTHORITY OF ONE OR  MORE
 OF  THE  FOREGOING,  IN MOVING FREIGHT CARRIED OR CONSIGNED FOR CARRIAGE
 BETWEEN ANY POINT IN THE PORT OF NEW YORK DISTRICT AND A  POINT  OUTSIDE
 SAID  DISTRICT  ON  VESSELS OF SUCH A PUBLIC AGENCY BERTHED AT PIERS, ON
 PIERS AT WHICH SUCH VESSELS ARE BERTHED OR AT  OTHER  WATERFRONT  TERMI-
 NALS; OR
 S. 8308--C                         17                         A. 8808--C
 
   (C)  A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
 PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY PERSON TO  PERFORM  LABOR
 OR  SERVICES INCIDENTAL TO THE MOVEMENT OF WATERBORNE FREIGHT ON VESSELS
 BERTHED AT PIERS, ON PIERS OR AT OTHER WATERFRONT TERMINALS,  INCLUDING,
 BUT  NOT  LIMITED TO, CARGO STORAGE, CARGO REPAIRING, COOPERING, GENERAL
 MAINTENANCE,  MECHANICAL  AND  MISCELLANEOUS  WORK,  HORSE  AND   CATTLE
 FITTING, GRAIN CEILING, AND MARINE CARPENTRY; OR
   (D)  A CONTRACTOR (NOT INCLUDING AN EMPLOYEE) ENGAGED FOR COMPENSATION
 PURSUANT TO A CONTRACT OR ARRANGEMENT WITH ANY OTHER PERSON  TO  PERFORM
 LABOR  OR  SERVICES INVOLVING, OR INCIDENTAL TO, THE MOVEMENT OF FREIGHT
 INTO OR OUT OF CONTAINERS (WHICH HAVE BEEN OR WHICH WILL BE CARRIED BY A
 CARRIER OF FREIGHT BY WATER) ON VESSELS BERTHED AT PIERS, ON PIERS OR AT
 OTHER WATERFRONT TERMINALS.
   23. "TERRORIST GROUP" SHALL MEAN A  GROUP  ASSOCIATED,  AFFILIATED  OR
 FUNDED IN WHOLE OR IN PART BY A TERRORIST ORGANIZATION DESIGNATED BY THE
 SECRETARY  OF  STATE  IN ACCORDANCE WITH SECTION TWO HUNDRED NINETEEN OF
 THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED FROM TIME  TO  TIME,  OR
 ANY  OTHER  ORGANIZATION  WHICH  ASSISTS,  FUNDS  OR  ENGAGES IN ACTS OF
 TERRORISM AS DEFINED IN THE LAWS OF THE UNITED STATES, OR OF  THE  STATE
 OF  NEW  YORK, INCLUDING, BUT NOT LIMITED TO, SUBDIVISION ONE OF SECTION
 490.05 OF THE PENAL LAW.
   24. "WATERBORNE FREIGHT" SHALL MEAN FREIGHT CARRIED  BY  OR  CONSIGNED
 FOR  CARRIAGE  BY  CARRIERS  OF FREIGHT BY WATER, AND SHALL ALSO INCLUDE
 FREIGHT DESCRIBED IN SUBDIVISION FIFTEEN AND PARAGRAPHS (B) AND  (D)  OF
 SUBDIVISION  TWENTY-TWO  OF THIS SECTION, AND SHIPS' STORES, BAGGAGE AND
 MAIL CARRIED BY OR CONSIGNED FOR CARRIAGE  BY  CARRIERS  OF  FREIGHT  BY
 WATER.
   25.  "WITNESS" SHALL MEAN ANY PERSON WHOSE TESTIMONY IS DESIRED IN ANY
 INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED BY THE COMMISSION
 PURSUANT TO THE PROVISIONS OF SECTION FIVE HUNDRED THIRTY-FOUR  OF  THIS
 ARTICLE.
   § 534-C. NEW YORK WATERFRONT COMMISSION ESTABLISHED. 1. THERE IS HERE-
 BY  CREATED  THE  NEW  YORK WATERFRONT COMMISSION, WHICH SHALL BE IN THE
 EXECUTIVE DEPARTMENT OF THIS STATE AND MAY REQUEST, RECEIVE, AND UTILIZE
 FACILITIES, RESOURCES AND  DATA  OF  ANY  DEPARTMENT,  DIVISION,  BOARD,
 BUREAU, COMMISSION, AGENCY OR PUBLIC AUTHORITY OF THE STATE OR ANY POLI-
 TICAL  SUBDIVISION  THEREOF  AS  IT  MAY REASONABLY REQUEST TO CARRY OUT
 PROPERLY ITS POWERS AND DUTIES.
   2. THE COMMISSION SHALL CONSIST OF THE COMMISSIONER APPOINTED  BY  THE
 GOVERNOR  WITH  THE  ADVICE AND CONSENT OF THE SENATE, AND SHALL RECEIVE
 COMPENSATION TO BE FIXED BY THE GOVERNOR OF  THIS  STATE.  THE  TERM  OF
 OFFICE OF SUCH COMMISSIONER SHALL BE FOR THREE YEARS; PROVIDED, HOWEVER,
 THAT  A  COMMISSIONER  SERVING ON THE BI-STATE COMMISSION AT THE TIME OF
 ITS DISSOLUTION ON THE SEVENTEENTH OF JULY TWO THOUSAND TWENTY-THREE WHO
 WAS APPOINTED BY THE GOVERNOR OF NEW YORK TO SUCH POSITION, MAY SERVE AS
 ACTING COMMISSIONER OF THE NEW YORK  WATERFRONT  COMMISSION  UNTIL  SUCH
 TIME AS A COMMISSIONER IS APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND
 CONSENT  OF  THE  SENATE,  PURSUANT  TO THIS SUBDIVISION. A COMMISSIONER
 SHALL HOLD OFFICE UNTIL THAT COMMISSIONER'S SUCCESSOR HAS BEEN APPOINTED
 AND QUALIFIED. VACANCIES IN OFFICE SHALL BE FILLED FOR  THE  BALANCE  OF
 THE UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
   3.  A  COMMISSIONER  MAY, BY WRITTEN INSTRUMENT FILED IN THE OFFICE OF
 THE COMMISSION, DESIGNATE ANY OFFICER OR EMPLOYEE OF THE  COMMISSION  TO
 ACT  IN  THAT COMMISSIONER'S PLACE. A VACANCY IN THE OFFICE OF A COMMIS-
 SIONER SHALL NOT IMPAIR SUCH DESIGNATION UNTIL THE  VACANCY  SHALL  HAVE
 BEEN FILLED.
 S. 8308--C                         18                         A. 8808--C
 
   § 534-D. GENERAL  POWERS  OF THE COMMISSION. IN ADDITION TO THE POWERS
 AND DUTIES ELSEWHERE PRESCRIBED HEREIN, THE COMMISSION  SHALL  HAVE  THE
 POWER:
   1. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE.
   2.  TO  DETERMINE THE LOCATION, SIZE AND SUITABILITY OF ACCOMMODATIONS
 NECESSARY AND DESIRABLE FOR THE ESTABLISHMENT  AND  MAINTENANCE  OF  THE
 EMPLOYMENT  INFORMATION CENTERS PROVIDED IN SECTION FIVE HUNDRED THIRTY-
 FOUR-O OF THIS ARTICLE AND FOR ADMINISTRATIVE OFFICES  FOR  THE  COMMIS-
 SION.
   3. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ACT.
   4. TO PROMULGATE AND ENFORCE SUCH RULES AND REGULATIONS AS THE COMMIS-
 SION  MAY  DEEM  NECESSARY  TO EFFECTUATE THE PURPOSES OF THIS ACT OR TO
 PREVENT THE CIRCUMVENTION OR EVASION  THEREOF.  AS  USED  IN  THIS  ACT,
 "REGULATIONS"  INCLUDE  THOSE  RULES  AND  REGULATIONS  OF  THE BI-STATE
 COMMISSION WHICH SHALL CONTINUE IN EFFECT AS THE RULES  AND  REGULATIONS
 OF  THE  COMMISSION  UNTIL  AMENDED,  SUPPLEMENTED,  OR RESCINDED BY THE
 COMMISSION PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.    PREVI-
 OUSLY  PROMULGATED  REGULATIONS INCONSISTENT WITH THE PROVISIONS OF THIS
 ACT SHALL BE DEEMED VOID.  NO LATER THAN ONE HUNDRED EIGHTY  DAYS  AFTER
 THIS  ACT SHALL HAVE BECOME LAW, THE COMMISSION SHALL COMMENCE REVIEW OF
 ITS REGULATIONS IN ORDER TO RECOMMEND NECESSARY CHANGES. IN ITS  REVIEW,
 THE COMMISSION SHALL CONSULT WITH RELEVANT EMPLOYERS AND LABOR ORGANIZA-
 TIONS.
   5.  TO  APPOINT  SUCH  OFFICERS,  AGENTS  AND EMPLOYEES AS IT MAY DEEM
 NECESSARY, PRESCRIBE THEIR POWERS, DUTIES  AND  QUALIFICATIONS  AND  FIX
 THEIR COMPENSATION AND RETAIN AND EMPLOY COUNSEL AND PRIVATE CONSULTANTS
 ON  A  CONTRACT BASIS OR OTHERWISE, WITHIN THE LIMITS PROVIDED BY APPRO-
 PRIATION.
   6. BY ITS COMMISSIONER AND ITS PROPERLY  DESIGNATED  OFFICERS,  AGENTS
 AND  EMPLOYEES,  TO  ADMINISTER  OATHS AND ISSUE SUBPOENAS TO COMPEL THE
 ATTENDANCE OF WITNESSES AND THE GIVING OF TESTIMONY AND  THE  PRODUCTION
 OF OTHER EVIDENCE.
   7.  TO HAVE FOR ITS COMMISSIONER AND ITS PROPERLY DESIGNATED OFFICERS,
 AGENTS AND EMPLOYEES, FULL AND FREE ACCESS, INGRESS AND  EGRESS  TO  AND
 FROM  ALL  VESSELS, PIERS AND OTHER WATERFRONT TERMINALS OR OTHER PLACES
 IN THE PORT OF NEW YORK DISTRICT IN THIS  STATE,  FOR  THE  PURPOSES  OF
 MAKING INSPECTION OR ENFORCING THE PROVISIONS OF THIS ACT; AND NO PERSON
 SHALL OBSTRUCT OR IN ANY WAY INTERFERE WITH ANY SUCH COMMISSIONER, OFFI-
 CER,  EMPLOYEE  OR  AGENT  IN  THE  MAKING OF SUCH INSPECTION, OR IN THE
 ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR IN THE PERFORMANCE  OF  ANY
 OTHER POWER OR DUTY UNDER THIS ACT.
   8.  TO  RECOVER  POSSESSION OF ANY SUSPENDED OR REVOKED LICENSE ISSUED
 UNDER THIS ACT.
   9. TO MAKE INVESTIGATIONS, COLLECT AND COMPILE INFORMATION  CONCERNING
 WATERFRONT  PRACTICES  GENERALLY WITHIN THE PORT OF NEW YORK DISTRICT IN
 THIS STATE AND UPON ALL MATTERS RELATING TO THE  ACCOMPLISHMENT  OF  THE
 OBJECTIVES OF THIS ACT.
   10.  TO  ADVISE AND CONSULT WITH REPRESENTATIVES OF LABOR AND INDUSTRY
 AND WITH PUBLIC OFFICIALS AND AGENCIES CONCERNED WITH  THE  EFFECTUATION
 OF  THE  PURPOSES OF THIS ACT, UPON ALL MATTERS WHICH THE COMMISSION MAY
 DESIRE, INCLUDING BUT NOT LIMITED TO THE FORM AND SUBSTANCE OF RULES AND
 REGULATIONS, THE ADMINISTRATION OF THE ACT, MAINTENANCE OF THE LONGSHORE
 WORKERS' REGISTER, AND ISSUANCE AND REVOCATION OF LICENSES.
   11. TO MAKE ANNUAL AND OTHER REPORTS TO THE GOVERNOR AND LEGISLATURE.
   12. TO COOPERATE WITH  AND  RECEIVE  FROM  ANY  DEPARTMENT,  DIVISION,
 BUREAU,  BOARD, COMMISSION, OR AGENCY OF THIS STATE, OR OF ANY COUNTY OR
 S. 8308--C                         19                         A. 8808--C
 
 MUNICIPALITY THEREOF, SUCH ASSISTANCE AND DATA AS WILL ENABLE IT PROPER-
 LY TO CARRY OUT ITS POWERS AND DUTIES HEREUNDER; AND TO REQUEST ANY SUCH
 DEPARTMENT, DIVISION, BUREAU, BOARD, COMMISSION,  OR  AGENCY,  WITH  THE
 CONSENT  THEREOF,  TO  EXECUTE  SUCH OF ITS FUNCTIONS AND POWERS, AS THE
 PUBLIC INTEREST MAY REQUIRE.
   13. TO DESIGNATE OFFICERS, EMPLOYEES AND AGENTS WHO MAY  EXERCISE  THE
 POWERS  AND  DUTIES OF THE COMMISSION EXCEPT THE POWER TO MAKE RULES AND
 REGULATIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  OFFICERS,
 EMPLOYEES  AND  AGENTS  OF THE COMMISSION ESTABLISHED BY THIS ACT MAY BE
 APPOINTED OR EMPLOYED WITHOUT REGARD TO THEIR STATE OF RESIDENCE.
   14. TO ISSUE TEMPORARY  PERMITS  AND  PERMIT  TEMPORARY  REGISTRATIONS
 UNDER  SUCH  TERMS  AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE WHICH
 SHALL BE VALID FOR A PERIOD TO BE FIXED BY THE COMMISSION NOT IN  EXCESS
 OF SIX MONTHS.
   15.  TO  REQUIRE  ANY  APPLICANT  FOR A LICENSE OR REGISTRATION OR ANY
 PROSPECTIVE LICENSEE TO FURNISH SUCH FACTS AND EVIDENCE AS  THE  COMMIS-
 SION  MAY DEEM APPROPRIATE TO ENABLE IT TO ASCERTAIN WHETHER THE LICENSE
 OR REGISTRATION SHOULD BE GRANTED.
   16. IN ANY CASE IN WHICH THE COMMISSION HAS THE  POWER  TO  REVOKE  OR
 SUSPEND  ANY  STEVEDORE LICENSE THE COMMISSION SHALL ALSO HAVE THE POWER
 TO IMPOSE AS AN ALTERNATIVE TO SUCH REVOCATION OR SUSPENSION, A PENALTY,
 WHICH THE LICENSEE MAY ELECT TO PAY TO THE COMMISSION  IN  LIEU  OF  THE
 REVOCATION  OR  SUSPENSION.  THE  MAXIMUM PENALTY SHALL BE FIVE THOUSAND
 DOLLARS FOR EACH SEPARATE OFFENSE. THE COMMISSION MAY,  FOR  GOOD  CAUSE
 SHOWN, ABATE ALL OR PART OF SUCH PENALTY.
   17.  TO  DESIGNATE ANY OFFICER, AGENT OR EMPLOYEE OF THE COMMISSION TO
 BE AN INVESTIGATOR WHO SHALL BE VESTED WITH ALL THE POWERS OF A PEACE OR
 POLICE OFFICER OF THE STATE OF NEW YORK.
   18. TO CONFER IMMUNITY, IN THE MANNER PRESCRIBED BY SUBDIVISION ONE OF
 SECTION FIVE HUNDRED THIRTY-FOUR-V OF THIS ARTICLE.
   19. TO REQUIRE ANY APPLICANT FOR REGISTRATION AS A  LONGSHORE  WORKER,
 ANY  APPLICANT FOR REGISTRATION AS A CHECKER OR ANY APPLICANT FOR REGIS-
 TRATION AS A TELECOMMUNICATIONS SYSTEM CONTROLLER AND ANY PERSON WHO  IS
 SPONSORED  FOR  A  LICENSE AS A PIER SUPERINTENDENT OR HIRING AGENT, ANY
 PERSON WHO IS AN INDIVIDUAL OWNER  OF  AN  APPLICANT  STEVEDORE  OR  ANY
 PERSONS  WHO  ARE  INDIVIDUAL PARTNERS OF AN APPLICANT STEVEDORE, OR ANY
 OFFICERS, DIRECTORS OR STOCKHOLDERS OWNING FIVE PERCENT OR MORE  OF  ANY
 OF  THE STOCK OF AN APPLICANT CORPORATE STEVEDORE OR ANY APPLICANT FOR A
 LICENSE AS A SECURITY OFFICER OR ANY OTHER  CATEGORY  OF  APPLICANT  FOR
 REGISTRATION  OR  LICENSING  WITHIN  THE COMMISSION'S JURISDICTION TO BE
 FINGERPRINTED BY THE COMMISSION AT THE COST AND EXPENSE  OF  THE  APPLI-
 CANT.
   20.  TO  EXCHANGE  FINGERPRINT  DATA  WITH  AND RECEIVE STATE CRIMINAL
 HISTORY  RECORD  INFORMATION  FROM  THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES AND FEDERAL CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDER-
 AL BUREAU OF INVESTIGATION FOR USE IN MAKING THE DETERMINATIONS REQUIRED
 BY THIS ACT.
   21.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, TO
 REQUIRE ANY APPLICANT FOR EMPLOYMENT OR EMPLOYEE OF THE COMMISSION TO BE
 FINGERPRINTED AND TO EXCHANGE FINGERPRINT DATA WITH  AND  RECEIVE  STATE
 CRIMINAL  HISTORY  RECORD  INFORMATION  FROM  THE  DIVISION  OF CRIMINAL
 JUSTICE SERVICES AND  FEDERAL  CRIMINAL  HISTORY  INFORMATION  FROM  THE
 FEDERAL  BUREAU  OF  INVESTIGATION FOR USE IN THE HIRING OR RETENTION OF
 SUCH PERSON.
   22. TO COOPERATE WITH A SIMILAR ENTITY ESTABLISHED IN THE STATE OF NEW
 JERSEY, TO EXCHANGE INFORMATION ON ANY MATTER PERTINENT TO THE  PURPOSES
 S. 8308--C                         20                         A. 8808--C
 
 OF THIS ACT, AND TO, IN ITS DISCRETION, ENTER INTO RECIPROCAL AGREEMENTS
 FOR  THE  ACCOMPLISHMENT  OF SUCH PURPOSES, INCLUDING BUT NOT LIMITED TO
 THE FOLLOWING OBJECTIVES:
   (A)  TO GIVE RECIPROCAL EFFECT TO ANY APPROVAL, REVOCATION, SUSPENSION
 OR REPRIMAND WITH RESPECT TO ANY LICENSEE,  AND  ANY  INCLUSION  IN,  OR
 REPRIMAND OR REMOVAL FROM A LONGSHORE WORKERS' REGISTER;
   (B) TO PROVIDE THAT ANY ACT OR OMISSION BY A LICENSEE OR REGISTRANT IN
 EITHER STATE WHICH WOULD BE A BASIS FOR DISCIPLINARY ACTION AGAINST SUCH
 LICENSEE  OR REGISTRANT IF IT OCCURRED IN THE STATE IN WHICH THE LICENSE
 WAS ISSUED OR THE PERSON REGISTERED SHALL BE THE BASIS FOR  DISCIPLINARY
 ACTION IN BOTH STATES; AND
   (C)  TO PROVIDE THAT LONGSHORE WORKERS REGISTERED IN EITHER STATE, WHO
 PERFORM WORK OR WHO APPLY FOR WORK AT AN EMPLOYMENT  INFORMATION  CENTER
 WITHIN  THE  OTHER  STATE,  SHALL BE DEEMED TO HAVE PERFORMED WORK OR TO
 HAVE APPLIED FOR WORK IN THE STATE IN WHICH THEY ARE REGISTERED.
   § 534-E. DESIGNATION AS AGENT OF THE STATE. 1. THE COMMISSION IS HERE-
 BY DESIGNATED ON ITS OWN BEHALF OR AS AGENT OF THE STATE OF NEW YORK, AS
 PROVIDED BY THE ACT OF CONGRESS OF THE  UNITED  STATES,  EFFECTIVE  JUNE
 SIXTH,  ONE  THOUSAND NINE HUNDRED AND THIRTY-THREE, ENTITLED "AN ACT TO
 PROVIDE FOR THE ESTABLISHMENT OF A NATIONAL EMPLOYMENT  SYSTEM  AND  FOR
 CO-OPERATION  WITH  THE  STATES  IN THE PROMOTION OF SUCH SYSTEM AND FOR
 OTHER PURPOSES," AS AMENDED, FOR THE PURPOSE OF OBTAINING SUCH  BENEFITS
 OF  SUCH  ACT  OF CONGRESS AS ARE NECESSARY OR APPROPRIATE TO THE ESTAB-
 LISHMENT AND OPERATION OF EMPLOYMENT INFORMATION CENTERS  AUTHORIZED  BY
 THIS ACT.
   2.  THE  COMMISSION  SHALL HAVE ALL POWERS NECESSARY TO COOPERATE WITH
 APPROPRIATE OFFICERS OR AGENCIES OF THIS STATE OR THE UNITED STATES,  TO
 TAKE  SUCH  STEPS, TO FORMULATE SUCH PLANS, AND TO EXECUTE SUCH PROJECTS
 (INCLUDING BUT NOT LIMITED TO THE ESTABLISHMENT AND OPERATION OF EMPLOY-
 MENT INFORMATION CENTERS) AS MAY BE NECESSARY TO  OBTAIN  SUCH  BENEFITS
 FOR  THE  OPERATIONS  OF THE COMMISSION IN ACCOMPLISHING THE PURPOSES OF
 THIS ACT.
   3. ANY OFFICER OR AGENCY DESIGNATED BY THIS STATE PURSUANT TO SAID ACT
 OF JUNE SIXTH, NINETEEN HUNDRED THIRTY-THREE, AS AMENDED, IS  AUTHORIZED
 AND  EMPOWERED,  UPON  THE  REQUEST OF THE COMMISSION AND SUBJECT TO ITS
 DIRECTION, TO EXERCISE THE POWERS AND DUTIES CONFERRED UPON THE  COMMIS-
 SION BY THE PROVISIONS OF THIS SECTION.
   § 534-F. PIER  SUPERINTENDENTS  AND  HIRING AGENTS. 1. NO PERSON SHALL
 ACT AS A PIER SUPERINTENDENT OR AS A HIRING AGENT WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE  WITHOUT  FIRST  HAVING  OBTAINED  FROM  THE
 COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION, A LICENSE TO ACT
 AS  SUCH PIER SUPERINTENDENT OR HIRING AGENT, AS THE CASE MAY BE, AND NO
 PERSON SHALL EMPLOY OR ENGAGE ANOTHER PERSON TO ACT  AS  A  PIER  SUPER-
 INTENDENT OR HIRING AGENT WHO IS NOT SO LICENSED.
   2.  A LICENSE TO ACT AS A PIER SUPERINTENDENT OR HIRING AGENT SHALL BE
 ISSUED ONLY UPON THE WRITTEN APPLICATION,  UNDER  OATH,  OF  THE  PERSON
 PROPOSING  TO EMPLOY OR ENGAGE ANOTHER PERSON TO ACT AS SUCH PIER SUPER-
 INTENDENT OR HIRING AGENT, VERIFIED BY THE PROSPECTIVE  LICENSEE  AS  TO
 THE MATTERS CONCERNING THAT PERSON, AND SHALL STATE THE FOLLOWING:
   (A) THE FULL NAME AND BUSINESS ADDRESS OF THE APPLICANT;
   (B)  THE  FULL  NAME,  RESIDENCE, BUSINESS ADDRESS (IF ANY), PLACE AND
 DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PROSPECTIVE LICENSEE;
   (C) THE PRESENT AND PREVIOUS OCCUPATIONS OF THE PROSPECTIVE  LICENSEE,
 INCLUDING  THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF THE
 PERSON'S EMPLOYERS;
 S. 8308--C                         21                         A. 8808--C
 
   (D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  COMMIS-
 SION  TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY OF THE PROSPEC-
 TIVE LICENSEE; AND
   (E)  THAT  IF  A  LICENSE  IS  ISSUED TO THE PROSPECTIVE LICENSEE, THE
 APPLICANT WILL EMPLOY SUCH LICENSEE AS  PIER  SUPERINTENDENT  OR  HIRING
 AGENT, AS THE CASE MAY BE.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A)  UNLESS  THE  COMMISSION  SHALL  BE SATISFIED THAT THE PROSPECTIVE
 LICENSEE POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B) IF THE PROSPECTIVE LICENSEE HAS, WITHOUT SUBSEQUENT  PARDON,  BEEN
 CONVICTED  BY  A  COURT  OF THE UNITED STATES, OR ANY STATE OR TERRITORY
 THEREOF, OF THE COMMISSION OF, OR THE ATTEMPT OR CONSPIRACY  TO  COMMIT,
 TREASON, MURDER, MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRI-
 SONMENT FOR A TERM EXCEEDING THREE HUNDRED SIXTY-FOUR DAYS OR ANY OF THE
 FOLLOWING   MISDEMEANORS  OR  OFFENSES:  ILLEGALLY  USING,  CARRYING  OR
 POSSESSING A PISTOL OR OTHER  DANGEROUS  WEAPON;  MAKING  OR  POSSESSING
 BURGLAR'S  INSTRUMENTS;  BUYING  OR  RECEIVING STOLEN PROPERTY; UNLAWFUL
 ENTRY OF A BUILDING; AIDING AN ESCAPE FROM PRISON;  UNLAWFULLY  POSSESS-
 ING,  POSSESSING  WITH  INTENT  TO DISTRIBUTE, SALE OR DISTRIBUTION OF A
 CONTROLLED DANGEROUS SUBSTANCE (CONTROLLED SUBSTANCE)  OR  A  CONTROLLED
 DANGEROUS  SUBSTANCE  ANALOG;  AND  VIOLATION  OF  THIS  ACT.   ANY SUCH
 PROSPECTIVE LICENSEE INELIGIBLE FOR A LICENSE  BY  REASON  OF  ANY  SUCH
 CONVICTION  MAY SUBMIT SATISFACTORY EVIDENCE TO THE COMMISSION THAT SUCH
 PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREIN-
 AFTER PROVIDED, AND UP TO THE TIME OF APPLICATION, SO ACTED IN A  MANNER
 AS  TO  WARRANT THE GRANT OF SUCH LICENSE, IN WHICH EVENT THE COMMISSION
 MAY, IN ITS DISCRETION, ISSUE AN ORDER REMOVING SUCH INELIGIBILITY.  THE
 AFORESAID PERIOD OF FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF
 PAYMENT  OF  ANY  FINE  IMPOSED  UPON  SUCH  PERSON OR THE SUSPENSION OF
 SENTENCE OR FROM THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY
 BY PAROLE, COMMUTATION OR TERMINATION OF SENTENCE;
   (C) IF THE PROSPECTIVE LICENSEE KNOWINGLY OR WILLFULLY  ADVOCATES  THE
 DESIRABILITY  OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF THE UNITED
 STATES BY FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVO-
 CATES SUCH DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH
 ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL BE SATISFIED THEREFROM THAT THE PROSPECTIVE
 LICENSEE POSSESSES THE QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN
 THIS  SECTION, THE COMMISSION SHALL ISSUE AND DELIVER TO THE PROSPECTIVE
 LICENSEE A LICENSE TO ACT AS PIER SUPERINTENDENT OR HIRING AGENT FOR THE
 APPLICANT, AS THE CASE MAY BE, AND SHALL INFORM THE  APPLICANT  OF  THIS
 ACTION.  THE  COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY PROSPECTIVE
 LICENSEE FOR A LICENSE UNDER THE  PROVISIONS  OF  THIS  ARTICLE  PENDING
 FINAL ACTION ON AN APPLICATION MADE FOR SUCH A LICENSE.  ANY SUCH PERMIT
 SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5.  NO  PERSON  SHALL  BE  LICENSED TO ACT AS A PIER SUPERINTENDENT OR
 HIRING AGENT FOR MORE THAN ONE EMPLOYER, EXCEPT  AT  A  SINGLE  PIER  OR
 OTHER  WATERFRONT  TERMINAL,  BUT  NOTHING  IN  THIS  SECTION  SHALL  BE
 CONSTRUED TO LIMIT IN ANY WAY THE  NUMBER  OF  PIER  SUPERINTENDENTS  OR
 HIRING AGENTS ANY EMPLOYER MAY EMPLOY.
   6.  A  LICENSE GRANTED PURSUANT TO THIS SECTION SHALL CONTINUE THROUGH
 THE DURATION OF THE LICENSEE'S EMPLOYMENT BY THE EMPLOYER WHO SHALL HAVE
 APPLIED FOR  THE PERSON'S LICENSE.
 S. 8308--C                         22                         A. 8808--C
 
   7. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR  THE  LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES:
   (A)  CONVICTION OF A CRIME OR ACT BY THE LICENSEE OR OTHER CAUSE WHICH
 WOULD  REQUIRE  OR PERMIT THE PERSON'S DISQUALIFICATION FROM RECEIVING A
 LICENSE UPON ORIGINAL APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE, OR  IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
   (D)  CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE;
   (E) EMPLOYING, HIRING OR PROCURING ANY PERSON IN VIOLATION OF THIS ACT
 OR INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON  TO  VIOLATE  THE
 TERMS OF THIS ACT;
   (F)  PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY OR
 GIVE TO ANY PERSON ANY  VALUABLE  CONSIDERATION  TO  INDUCE  SUCH  OTHER
 PERSON  TO  VIOLATE  ANY  PROVISION  OF THIS ACT OR TO INDUCE ANY PUBLIC
 OFFICER, AGENT OR EMPLOYEE TO FAIL TO PERFORM THE  PERSON'S  DUTY  HERE-
 UNDER;
   (G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE, PROVIDED,
 HOWEVER,  THAT CONSORTING WITHOUT UNLAWFUL PURPOSE SHALL BE INSUFFICIENT
 GROUNDS FOR REVOCATION OR SUSPENSION;
   (H) TRANSFER OR SURRENDER OF POSSESSION OF THE LICENSE TO  ANY  PERSON
 EITHER TEMPORARILY OR PERMANENTLY WITHOUT SATISFACTORY EXPLANATION;
   (I) FALSE IMPERSONATION OF ANOTHER LICENSEE UNDER THIS ACT;
   (J) RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
 THAN  THE  LICENSEE'S  EMPLOYER  AS  CONSIDERATION  FOR THE SELECTION OR
 RETENTION FOR EMPLOYMENT OF ANY LONGSHORE WORKER;
   (K) COERCION OF A LONGSHORE  WORKER  TO  MAKE  PURCHASES  FROM  OR  TO
 UTILIZE THE SERVICES OF ANY PERSON;
   (L) LENDING ANY MONEY TO OR BORROWING ANY MONEY FROM A LONGSHORE WORK-
 ER FOR WHICH THERE IS A CHARGE OF INTEREST OR OTHER CONSIDERATION; AND
   (M)  MEMBERSHIP  IN  A  LABOR  ORGANIZATION WHICH REPRESENTS LONGSHORE
 WORKERS OR SECURITY OFFICERS; BUT  NOTHING  IN  THIS  SECTION  SHALL  BE
 DEEMED  TO  PROHIBIT  PIER  SUPERINTENDENTS  OR HIRING AGENTS FROM BEING
 REPRESENTED BY A LABOR ORGANIZATION OR ORGANIZATIONS WHICH DO  NOT  ALSO
 REPRESENT  LONGSHORE  WORKERS OR SECURITY OFFICERS.  THE AMERICAN FEDER-
 ATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS  AND  ANY  OTHER
 SIMILAR FEDERATION, CONGRESS OR OTHER ORGANIZATION OF NATIONAL OR INTER-
 NATIONAL  OCCUPATIONAL  OR  INDUSTRIAL  LABOR ORGANIZATIONS SHALL NOT BE
 CONSIDERED AN ORGANIZATION WHICH REPRESENTS LONGSHORE WORKERS OR SECURI-
 TY OFFICERS WITHIN THE MEANING OF  THIS  SECTION  ALTHOUGH  ONE  OF  THE
 FEDERATED OR CONSTITUENT LABOR ORGANIZATIONS THEREOF MAY REPRESENT LONG-
 SHORE WORKERS OR SECURITY OFFICERS.
   8.  ANY  APPLICANT  FOR PIER SUPERINTENDENT OR HIRING AGENT INELIGIBLE
 FOR A LICENSE BY REASON OF THE PROVISIONS OF PARAGRAPH (B)  OF  SUBDIVI-
 SION THREE OF THIS SECTION MAY PETITION FOR AND THE COMMISSION MAY ISSUE
 AN  ORDER REMOVING THE INELIGIBILITY.  A PETITION FOR AN ORDER TO REMOVE
 INELIGIBILITY MAY BE MADE TO THE COMMISSION BEFORE OR AFTER THE  HEARING
 REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   § 534-G. STEVEDORES.  1. NO PERSON SHALL ACT AS A STEVEDORE WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE WITHOUT HAVING FIRST OBTAINED  A
 LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE BI-STATE COMMISSION,
 AND NO PERSON SHALL EMPLOY A STEVEDORE TO PERFORM SERVICES AS SUCH WITH-
 S. 8308--C                         23                         A. 8808--C
 
 IN  THE  PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS THE STEVEDORE IS
 SO LICENSED.
   2.  ANY  PERSON INTENDING TO ACT AS A STEVEDORE WITHIN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE SHALL FILE IN THE OFFICE OF THE COMMISSION A
 WRITTEN APPLICATION FOR A LICENSE TO ENGAGE  IN  SUCH  OCCUPATION,  DULY
 SIGNED AND  VERIFIED AS FOLLOWS:
   (A)  IF  THE  APPLICANT  IS A NATURAL PERSON, THE APPLICATION SHALL BE
 SIGNED AND VERIFIED BY SUCH PERSON AND IF THE APPLICANT  IS  A  PARTNER-
 SHIP,  THE  APPLICATION  SHALL  BE  SIGNED  AND VERIFIED BY EACH NATURAL
 PERSON COMPOSING OR INTENDING TO COMPOSE SUCH PARTNERSHIP.  THE APPLICA-
 TION SHALL STATE THE FULL NAME, AGE,  RESIDENCE,  BUSINESS  ADDRESS,  IF
 ANY,  PRESENT AND PREVIOUS OCCUPATIONS OF EACH NATURAL PERSON SO SIGNING
 THE SAME, AND ANY OTHER FACTS AND EVIDENCE AS MAY  BE  REQUIRED  BY  THE
 COMMISSION  TO  ASCERTAIN  THE CHARACTER, INTEGRITY AND IDENTITY OF EACH
 NATURAL PERSON SO SIGNING SUCH APPLICATION.
   (B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL BE SIGNED
 AND VERIFIED BY THE PRESIDENT,  SECRETARY  AND  TREASURER  THEREOF,  AND
 SHALL  SPECIFY  THE  NAME  OF THE CORPORATION, THE DATE AND PLACE OF ITS
 INCORPORATION, THE LOCATION OF ITS  PRINCIPAL  PLACE  OF  BUSINESS,  THE
 NAMES AND ADDRESSES OF, AND THE AMOUNT OF THE STOCK HELD BY STOCKHOLDERS
 OWNING  FIVE  PERCENT  OR  MORE  OF ANY OF THE STOCK THEREOF, AND OF ALL
 OFFICERS, INCLUDING ALL MEMBERS OF THE BOARD OF DIRECTORS.  THE REQUIRE-
 MENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AS TO A NATURAL PERSON WHO IS
 A MEMBER OF A PARTNERSHIP, AND SUCH REQUIREMENTS AS MAY BE SPECIFIED  IN
 RULES AND REGULATIONS PROMULGATED BY THE COMMISSION, SHALL APPLY TO EACH
 SUCH OFFICER OR STOCKHOLDER AND THEIR SUCCESSORS IN OFFICE OR INTEREST.
   (C)  IN THE EVENT OF THE DEATH, RESIGNATION OR REMOVAL OF ANY OFFICER,
 AND IN THE EVENT OF ANY CHANGE IN THE LIST OF STOCKHOLDERS WHO SHALL OWN
 FIVE PERCENT OR MORE OF THE STOCK OF THE CORPORATION, THE  SECRETARY  OF
 SUCH  CORPORATION SHALL FORTHWITH GIVE NOTICE OF THAT FACT IN WRITING TO
 THE COMMISSION CERTIFIED BY SAID SECRETARY.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A) IF ANY PERSON WHOSE SIGNATURE OR NAME APPEARS IN  THE  APPLICATION
 IS  NOT  THE  REAL PARTY IN INTEREST REQUIRED BY SUBDIVISION TWO OF THIS
 SECTION TO SIGN OR TO BE IDENTIFIED IN THE APPLICATION OR IF THE  PERSON
 SO  SIGNING OR NAMED IN THE APPLICATION IS AN UNDISCLOSED AGENT OR TRUS-
 TEE FOR ANY SUCH REAL PARTY IN INTEREST;
   (B) UNLESS THE COMMISSION SHALL BE SATISFIED THAT  THE  APPLICANT  AND
 ALL  MEMBERS,  OFFICERS  AND STOCKHOLDERS REQUIRED BY SUBDIVISION TWO OF
 THIS SECTION TO SIGN OR BE IDENTIFIED IN  THE  APPLICATION  FOR  LICENSE
 POSSESS  GOOD CHARACTER AND INTEGRITY;
   (C)  UNLESS  THE  APPLICANT IS EITHER A NATURAL PERSON, PARTNERSHIP OR
 CORPORATION;
   (D) UNLESS THE APPLICANT SHALL BE A PARTY TO A CONTRACT THEN IN  FORCE
 OR WHICH WILL TAKE EFFECT UPON THE ISSUANCE OF A LICENSE, WITH A CARRIER
 OF  FREIGHT  BY  WATER FOR THE LOADING AND UNLOADING BY THE APPLICANT OF
 ONE OR MORE VESSELS OF SUCH CARRIER AT A PIER WITHIN  THE  PORT  OF  NEW
 YORK DISTRICT IN THIS STATE;
   (E) IF THE APPLICANT OR ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED BY
 SUBDIVISION TWO OF THIS SECTION TO SIGN OR BE IDENTIFIED IN THE APPLICA-
 TION    FOR  LICENSE HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY A
 COURT OF  THE UNITED STATES OR ANY STATE OR  TERRITORY  THEREOF  OF  THE
 COMMISSION  OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
 MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
 EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES  DESCRIBED  IN
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 S. 8308--C                         24                         A. 8808--C
 
 OF  THIS  ARTICLE.   ANY APPLICANT INELIGIBLE FOR A LICENSE BY REASON OF
 ANY SUCH  CONVICTION MAY SUBMIT SATISFACTORY EVIDENCE TO THE  COMMISSION
 THAT THE  PERSON WHOSE CONVICTION WAS THE BASIS OF INELIGIBILITY HAS FOR
 A  PERIOD  OF NOT LESS THAN FIVE YEARS, MEASURED AS HEREINAFTER PROVIDED
 AND UP TO  THE TIME OF APPLICATION, SO ACTED IN A MANNER AS  TO  WARRANT
 THE  GRANT  OF   SUCH LICENSE, IN WHICH EVENT THE COMMISSION MAY, IN ITS
 DISCRETION ISSUE  AN ORDER REMOVING SUCH  INELIGIBILITY.  THE  AFORESAID
 PERIOD  OF  FIVE YEARS SHALL BE MEASURED EITHER FROM THE DATE OF PAYMENT
 OF ANY FINE IMPOSED  UPON SUCH PERSON OR THE SUSPENSION OF  SENTENCE  OR
 FROM  THE DATE OF THE PERSON'S UNREVOKED RELEASE FROM CUSTODY BY PAROLE,
 COMMUTATION OR TERMINATION OF THE PERSON'S SENTENCE;
   (F) IF THE APPLICANT HAS PAID, GIVEN, CAUSED  TO  HAVE  BEEN  PAID  OR
 GIVEN OR OFFERED TO PAY OR GIVE TO ANY OFFICER OR EMPLOYEE OF ANY CARRI-
 ER  OF  FREIGHT  BY  WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR
 UNLAWFUL PURPOSE OR TO INDUCE SUCH PERSON TO PROCURE THE  EMPLOYMENT  OF
 THE  APPLICANT  BY  SUCH  CARRIER  FOR  THE  PERFORMANCE  OF STEVEDORING
 SERVICES;
   (G) IF THE APPLICANT HAS PAID, GIVEN, CAUSED TO BE PAID  OR  GIVEN  OR
 OFFERED  TO  PAY  OR  GIVE  TO  ANY OFFICER OR REPRESENTATIVE OF A LABOR
 ORGANIZATION ANY VALUABLE CONSIDERATION  FOR  AN  IMPROPER  OR  UNLAWFUL
 PURPOSE  OR  TO INDUCE SUCH OFFICER OR REPRESENTATIVE TO SUBORDINATE THE
 INTERESTS OF SUCH LABOR ORGANIZATION OR ITS MEMBERS IN THE MANAGEMENT OF
 THE AFFAIRS OF SUCH LABOR ORGANIZATION TO THE INTERESTS  OF  THE  APPLI-
 CANT.
   (H)  IF  THE  APPLICANT  HAS  PAID, GIVEN, CAUSED TO HAVE BEEN PAID OR
 GIVEN OR OFFERED TO PAY OR GIVE TO ANY AGENT OF ANY CARRIER  OF  FREIGHT
 BY  WATER ANY VALUABLE CONSIDERATION FOR AN IMPROPER OR UNLAWFUL PURPOSE
 OR, WITHOUT THE KNOWLEDGE AND CONSENT OF SUCH CARRIER,  TO  INDUCE  SUCH
 AGENT  TO PROCURE THE EMPLOYMENT OF THE APPLICANT BY SUCH CARRIER OR ITS
 AGENT FOR THE PERFORMANCE OF STEVEDORING SERVICES.
   4. WHEN THE APPLICATION SHALL HAVE  BEEN  EXAMINED  AND  SUCH  FURTHER
 INQUIRY  AND  INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
 WHEN THE COMMISSION SHALL BE  SATISFIED  THEREFROM  THAT  THE  APPLICANT
 POSSESSES   THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  IN  THIS
 SECTION, THE COMMISSION SHALL ISSUE AND DELIVER A LICENSE TO SUCH APPLI-
 CANT.  THE COMMISSION MAY ISSUE A TEMPORARY PERMIT TO ANY APPLICANT  FOR
 A  LICENSE UNDER THE PROVISIONS OF THIS SECTION PENDING FINAL ACTION  ON
 AN APPLICATION MADE FOR SUCH A LICENSE. ANY SUCH PERMIT SHALL  BE  VALID
 FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5. A STEVEDORE'S LICENSE GRANTED PURSUANT TO THIS SECTION SHALL BE FOR
 A  TERM  OF  FIVE  YEARS OR FRACTION OF SUCH FIVE YEAR PERIOD, AND SHALL
 EXPIRE ON THE FIRST DAY OF DECEMBER.  IN THE EVENT OF THE DEATH  OF  THE
 LICENSEE,  IF  A  NATURAL   PERSON, OR ITS TERMINATION OR DISSOLUTION BY
 REASON OF A DEATH OF A PARTNER, IF A PARTNERSHIP,  OR  IF  THE  LICENSEE
 SHALL  CEASE TO BE A PARTY TO ANY CONTRACT OF THE TYPE REQUIRED BY PARA-
 GRAPH (D) OF SUBDIVISION THREE OF THIS SECTION, THE LICENSE SHALL TERMI-
 NATE NINETY DAYS AFTER SUCH EVENT OR UPON ITS EXPIRATION DATE, WHICHEVER
 SHALL BE SOONER.  A LICENSE MAY BE RENEWED BY THE COMMISSION FOR SUCCES-
 SIVE FIVE YEAR PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS ARE  SET
 FORTH  IN  THIS  SECTION  FOR  AN ORIGINAL APPLICATION FOR A STEVEDORE'S
 LICENSE.
   6. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR  THE  LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES ON THE PART OF THE LICENSEE OR OF ANY PERSON REQUIRED BY SUBDI-
 S. 8308--C                         25                         A. 8808--C
 
 VISION TWO OF THIS SECTION TO SIGN  OR  BE  IDENTIFIED  IN  AN  ORIGINAL
 APPLICATION FOR A LICENSE:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 DISQUALIFICATION  OF THE LICENSEE FROM RECEIVING A LICENSE UPON ORIGINAL
 APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE  OR  IN
 THE CONDUCT OF THE LICENSED ACTIVITY;
   (C)  FAILURE  BY  THE LICENSEE TO MAINTAIN A COMPLETE SET OF BOOKS AND
 RECORDS CONTAINING  A  TRUE  AND  ACCURATE  ACCOUNT  OF  THE  LICENSEE'S
 RECEIPTS  AND  DISBURSEMENTS  ARISING  OUT  OF THE LICENSEE'S ACTIVITIES
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (D) FAILURE TO KEEP SAID BOOKS AND RECORDS AVAILABLE  DURING  BUSINESS
 HOURS FOR INSPECTION BY THE COMMISSION AND ITS DULY DESIGNATED REPRESEN-
 TATIVES  UNTIL  THE  EXPIRATION OF THE FIFTH CALENDAR YEAR FOLLOWING THE
 CALENDAR YEAR DURING WHICH OCCURRED THE TRANSACTIONS RECORDED THEREIN;
   (E) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
 (H) AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE  HUNDRED  THIRTY-FOUR-F
 OF THIS ARTICLE.
   § 534-H. PROHIBITION  OF  PUBLIC  LOADING.  1.  IT IS UNLAWFUL FOR ANY
 PERSON TO LOAD OR UNLOAD WATERBORNE FREIGHT ONTO OR FROM VEHICLES  OTHER
 THAN  RAILROAD CARS AT PIERS OR AT OTHER WATERFRONT TERMINALS WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE, FOR  A  FEE  OR  OTHER  COMPEN-
 SATION, OTHER THAN THE FOLLOWING PERSONS AND THEIR EMPLOYEES:
   (A)  CARRIERS  OF  FREIGHT  BY WATER, BUT ONLY AT PIERS AT WHICH THEIR
 VESSELS ARE BERTHED;
   (B) OTHER CARRIERS OF FREIGHT (INCLUDING BUT NOT LIMITED TO  RAILROADS
 AND  TRUCKERS), BUT ONLY IN CONNECTION WITH FREIGHT TRANSPORTED OR TO BE
 TRANSPORTED BY SUCH CARRIERS;
   (C) OPERATORS OF PIERS OR OTHER WATERFRONT TERMINALS (INCLUDING  RAIL-
 ROADS,  TRUCK  TERMINAL OPERATORS, WAREHOUSE WORKERS AND OTHER PERSONS),
 BUT ONLY AT PIERS OR OTHER WATERFRONT TERMINALS OPERATED BY THEM;
   (D) SHIPPERS OR CONSIGNEES OF FREIGHT, BUT  ONLY  IN  CONNECTION  WITH
 FREIGHT SHIPPED BY SUCH SHIPPER OR CONSIGNED TO SUCH CONSIGNEE;
   (E)  STEVEDORES  LICENSED  UNDER SECTION FIVE HUNDRED THIRTY-FOUR-G OF
 THIS ARTICLE, WHETHER OR NOT SUCH WATERBORNE FREIGHT HAS BEEN OR  IS  TO
 BE  TRANSPORTED BY A CARRIER OF  FREIGHT BY WATER WITH WHICH SUCH STEVE-
 DORE SHALL HAVE A CONTRACT OF THE TYPE PRESCRIBED BY  PARAGRAPH  (D)  OF
 SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE.
   2.  NOTHING  IN  THIS  SECTION CONTAINED SHALL BE DEEMED TO PERMIT ANY
 SUCH LOADING OR UNLOADING OF ANY WATERBORNE FREIGHT AT ANY PLACE BY  ANY
 SUCH  PERSON BY  MEANS OF ANY INDEPENDENT CONTRACTOR, OR ANY OTHER AGENT
 OTHER THAN AN EMPLOYEE, UNLESS SUCH INDEPENDENT CONTRACTOR IS  A  PERSON
 PERMITTED  BY  THIS SECTION TO LOAD OR UNLOAD SUCH FREIGHT AT SUCH PLACE
 IN THE PERSON'S OWN RIGHT.
   § 534-I. LONGSHORE WORKERS' REGISTER. 1. THE COMMISSION SHALL MAINTAIN
 A LONGSHORE WORKERS' REGISTER IN WHICH SHALL BE INCLUDED  ALL  QUALIFIED
 LONGSHORE  WORKERS  ELIGIBLE, AS PROVIDED, FOR EMPLOYMENT AS SUCH IN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE.  NO PERSON SHALL ACT AS A LONG-
 SHORE WORKER WITHIN THE PORT OF NEW YORK DISTRICT IN THIS  STATE  UNLESS
 AT  THE TIME SUCH PERSON IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER,
 AND NO PERSON SHALL EMPLOY ANOTHER TO WORK AS A LONGSHORE WORKER  WITHIN
 THE  PORT  OF  NEW  YORK  DISTRICT IN THIS STATE UNLESS AT THE TIME SUCH
 OTHER PERSON IS INCLUDED IN THE LONGSHORE WORKERS' REGISTER.
   2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHORE WORKERS'  REGIS-
 TER  SHALL FILE AT SUCH PLACE AND IN SUCH MANNER AS THE COMMISSION SHALL
 DESIGNATE A WRITTEN STATEMENT,  SIGNED  AND  VERIFIED  BY  SUCH  PERSON,
 S. 8308--C                         26                         A. 8808--C
 
 SETTING FORTH THE PERSON'S  FULL NAME, RESIDENCE ADDRESS, SOCIAL SECURI-
 TY  NUMBER,  AND  SUCH  FURTHER FACTS AND EVIDENCE AS THE COMMISSION MAY
 PRESCRIBE TO ESTABLISH THE IDENTITY OF  SUCH  PERSON  AND  THE  PERSON'S
 CRIMINAL RECORD, IF ANY.
   3. THE COMMISSION MAY IN ITS DISCRETION DENY APPLICATION FOR INCLUSION
 IN THE LONGSHORE WORKERS' REGISTER BY A PERSON:
   (A)  WHO  HAS  BEEN  CONVICTED  BY A COURT OF THE UNITED STATES OR ANY
 STATE OR TERRITORY  THEREOF,  WITHOUT  SUBSEQUENT  PARDON,  OF  TREASON,
 MURDER, MANSLAUGHTER OR OF ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
 FOR  A  TERM  EXCEEDING  THREE  HUNDRED SIXTY-FOUR DAYS OR OF ANY OF THE
 MISDEMEANORS OR OFFENSES DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION THREE
 OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTICLE OR OF  ATTEMPT  OR
 CONSPIRACY TO COMMIT ANY OF SUCH CRIMES;
   (B)  WHO  KNOWINGLY OR WILLINGLY ADVOCATES THE  DESIRABILITY  OF OVER-
 THROWING OR DESTROYING THE GOVERNMENT OF THE UNITED STATES BY  FORCE  OR
 VIOLENCE OR WHO SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH DESIR-
 ABILITY KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY;
   (C)  WHOSE  PRESENCE AT THE PIERS OR OTHER WATERFRONT TERMINALS IN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE IS FOUND BY  THE  COMMISSION  ON
 THE BASIS OF THE FACTS AND EVIDENCE BEFORE IT, TO CONSTITUTE A DANGER TO
 THE PUBLIC PEACE OR SAFETY.
   4. UNLESS THE COMMISSION SHALL DETERMINE TO EXCLUDE THE APPLICANT FROM
 THE  LONGSHORE  WORKERS'  REGISTER  ON A GROUND SET FORTH IN SUBDIVISION
 THREE OF THIS SECTION IT SHALL INCLUDE  SUCH  PERSON  IN  THE  LONGSHORE
 WORKERS'  REGISTER.    THE COMMISSION SHALL ISSUE A DETERMINATION WITHIN
 THIRTY DAYS OF RECEIPT OF THE APPLICATION PROVIDED, HOWEVER,  THAT  THIS
 TIME  REQUIREMENT  SHALL  NOT  APPLY  FOR  ANY PERIOD OF DELAY CAUSED OR
 REQUESTED BY THE APPLICANT.  IF THE COMMISSION CANNOT  MAKE  A  DETERMI-
 NATION WITHIN THAT TIME, IT SHALL NOTIFY THE APPLICANT THAT THE APPLICA-
 TION  IS STILL UNDER REVIEW.  THE COMMISSION MAY PERMIT TEMPORARY REGIS-
 TRATION OF ANY APPLICANT UNDER THE PROVISIONS OF  THIS  SECTION  PENDING
 FINAL  ACTION  ON  AN  APPLICATION MADE FOR SUCH REGISTRATION.  ANY SUCH
 TEMPORARY REGISTRATION SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF  SIX
 MONTHS.
   5.  THE  COMMISSION SHALL HAVE POWER TO REPRIMAND ANY LONGSHORE WORKER
 REGISTERED UNDER THIS SECTION OR TO REMOVE THAT PERSON  FROM  THE  LONG-
 SHORE WORKERS' REGISTER FOR SUCH PERIOD AS IT DEEMS IN THE PUBLIC INTER-
 EST FOR ANY OF THE FOLLOWING OFFENSES:
   (A)  CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT DISQUALI-
 FICATION OF SUCH PERSON FROM INCLUSION IN THE LONGSHORE WORKERS'  REGIS-
 TER UPON ORIGINAL APPLICATION;
   (B)  FRAUD,  DECEIT  OR MISREPRESENTATION IN SECURING INCLUSION IN THE
 LONGSHORE WORKERS' REGISTER;
   (C) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY OR PERMANENTLY OF ANY CARD OR OTHER MEANS OF  IDENTIFICATION  ISSUED
 BY  THE  COMMISSION  AS  EVIDENCE OF INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER, WITHOUT SATISFACTORY EXPLANATION;
   (D) FALSE IMPERSONATION OF ANOTHER LONGSHORE WORKER  REGISTERED  UNDER
 THIS SECTION OR OF ANOTHER PERSON LICENSED UNDER THIS ACT;
   (E)    WILLFUL  COMMISSION  OF OR WILLFUL ATTEMPT TO COMMIT AT OR ON A
 WATERFRONT TERMINAL OR ADJACENT HIGHWAY ANY ACT OF  PHYSICAL  INJURY  TO
 ANY  OTHER  PERSON  OR  OF  WILLFUL DAMAGE TO OR MISAPPROPRIATION OF ANY
 OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW; AND
   (F)  ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), AND  (F)
 OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F OF THIS ARTI-
 CLE.
 S. 8308--C                         27                         A. 8808--C
 
   6. WHENEVER, AS A RESULT OF LEGISLATIVE AMENDMENTS TO THIS ACT OR OF A
 RULING BY THE COMMISSION, REGISTRATION AS A LONGSHORE WORKER IS REQUIRED
 FOR  ANY  PERSON TO CONTINUE EMPLOYMENT, SUCH PERSON SHALL BE REGISTERED
 AS A LONGSHORE WORKER WITHOUT REGARD TO THE PROVISIONS OF  SECTION  FIVE
 HUNDRED  THIRTY-FOUR-L  OF  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT SUCH
 PERSON SATISFIES ALL THE OTHER REQUIREMENTS OF THIS ACT FOR REGISTRATION
 AS A LONGSHORE WORKER.
   7. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER  POSSESSION  OF  ANY
 CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
 THE  LONGSHORE  WORKERS' REGISTER IF THE HOLDER THEREOF HAS BEEN REMOVED
 FROM THE LONGSHORE WORKERS' REGISTER.
   8. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED  TO  LIMIT  IN
 ANY  WAY  ANY  RIGHTS  OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
 FOUR-Q OF THIS ARTICLE.
   § 534-J. LIST OF QUALIFIED LONGSHORE WORKERS FOR EMPLOYMENT AS  CHECK-
 ERS.  1.    THE  COMMISSION SHALL MAINTAIN WITHIN THE LONGSHORE WORKERS'
 REGISTER A LIST OF ALL QUALIFIED LONGSHORE WORKERS ELIGIBLE, AS PROVIDED
 IN THIS SECTION, FOR EMPLOYMENT AS CHECKERS IN  THE  PORT  OF  NEW  YORK
 DISTRICT  IN  THIS  STATE.   NO PERSON SHALL ACT AS A CHECKER WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE UNLESS AT THE TIME  SUCH  PERSON
 IS  INCLUDED  IN  THE  LONGSHORE  WORKERS' REGISTER AS A CHECKER, AND NO
 PERSON SHALL EMPLOY ANOTHER TO WORK AS A CHECKER WITHIN THE PORT OF  NEW
 YORK  DISTRICT  IN  THIS  STATE  UNLESS AT THE TIME SUCH OTHER PERSON IS
 INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A CHECKER.
   2. ANY PERSON APPLYING FOR INCLUSION IN THE LONGSHORE WORKERS'  REGIS-
 TER  AS A CHECKER SHALL FILE AT ANY SUCH PLACE AND IN SUCH MANNER AS THE
 COMMISSION SHALL DESIGNATE A WRITTEN STATEMENT, SIGNED AND  VERIFIED  BY
 SUCH PERSON, SETTING FORTH THE FOLLOWING:
   (A) THE FULL NAME, RESIDENCE, PLACE AND DATE OF BIRTH AND SOCIAL SECU-
 RITY NUMBER OF THE APPLICANT;
   (B)  THE  PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
 THE PLACES WHERE SUCH PERSON WAS EMPLOYED AND THE NAMES OF THAT PERSON'S
 EMPLOYERS;
   (C)  SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE COMMIS-
 SION TO ASCERTAIN THE CHARACTER, INTEGRITY AND IDENTITY  OF  THE  APPLI-
 CANT.
   3. NO PERSON SHALL BE INCLUDED IN THE LONGSHORE WORKERS' REGISTER AS A
 CHECKER:
   (A)  UNLESS  THE  COMMISSION  SHALL  BE  SATISFIED  THAT THE APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT  PARDON,  BEEN  CONVICTED
 BY  A  COURT  OF THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF, OF
 THE COMMISSION OF, OR THE ATTEMPT  OR  CONSPIRACY  TO  COMMIT,  TREASON,
 MURDER,  MANSLAUGHTER  OR  ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT
 FOR A TERM EXCEEDING THREE HUNDRED SIXTY-FOUR DAYS OR ANY OF THE FOLLOW-
 ING MISDEMEANORS OR OFFENSES:  ILLEGALLY USING, CARRYING OR POSSESSING A
 PISTOL OR ANOTHER DANGEROUS WEAPON;  MAKING  OR  POSSESSING    BURGLAR'S
 INSTRUMENTS;  BUYING  OR  RECEIVING STOLEN PROPERTY; UNLAWFUL ENTRY OF A
 BUILDING; AIDING AN ESCAPE FROM PRISON; UNLAWFULLY  POSSESSING, POSSESS-
 ING WITH INTENT TO DISTRIBUTE, SALE  OR  DISTRIBUTION  OF  A  CONTROLLED
 DANGEROUS  SUBSTANCE  (CONTROLLED  SUBSTANCE)  OR A CONTROLLED DANGEROUS
 SUBSTANCE ANALOG (CONTROLLED SUBSTANCE ANALOG); PETTY LARCENY, WHERE THE
 EVIDENCE SHOWS THE PROPERTY WAS STOLEN FROM  A  VESSEL,  PIER  OR  OTHER
 WATERFRONT TERMINAL; AND VIOLATION OF THE ACT. ANY SUCH APPLICANT INELI-
 GIBLE  FOR INCLUSION IN THE  LONGSHORE WORKERS' REGISTER AS A CHECKER BY
 REASON OF ANY SUCH CONVICTION  MAY SUBMIT SATISFACTORY EVIDENCE  TO  THE
 S. 8308--C                         28                         A. 8808--C

 COMMISSION THAT THE PERSON HAS FOR A PERIOD OF NOT LESS THAN FIVE YEARS,
 MEASURED  AS  PROVIDED  IN THIS SECTION,  AND UP TO THE TIME OF APPLICA-
 TION, SO ACTED IN A MANNER AS TO WARRANT   INCLUSION  IN  THE  LONGSHORE
 WORKERS'  REGISTER  AS  A CHECKER, IN WHICH EVENT THE COMMISSION MAY, IN
 ITS DISCRETION, ISSUE AN ORDER REMOVING SUCH INELIGIBILITY.  THE  AFORE-
 SAID  PERIOD  OF  FIVE  YEARS SHALL BE MEASURED  EITHER FROM THE DATE OF
 PAYMENT OF ANY FINE IMPOSED  UPON  SUCH  PERSON  OR  THE  SUSPENSION  OF
 SENTENCE  OR  FROM  THE  DATE  OF SUCH PERSON'S UNREVOKED RELEASE   FROM
 CUSTODY BY PAROLE, COMMUTATION OR TERMINATION OF SUCH PERSON'S SENTENCE;
   (C) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF OVERTHROWING OR DESTROYING THE GOVERNMENT OF  THE  UNITED  STATES  BY
 FORCE  OR  VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH ADVOCATES SUCH
 DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
   4. WHEN THE APPLICATION SHALL HAVE  BEEN  EXAMINED  AND  SUCH  FURTHER
 INQUIRY  AND  INVESTIGATION MADE AS THE COMMISSION SHALL DEEM PROPER AND
 WHEN THE COMMISSION SHALL BE  SATISFIED  THEREFROM  THAT  THE  APPLICANT
 POSSESSES   THE  QUALIFICATIONS  AND  REQUIREMENTS  PRESCRIBED  BY  THIS
 SECTION, THE COMMISSION SHALL INCLUDE THE  APPLICANT  IN  THE  LONGSHORE
 WORKERS'  REGISTER  AS  A  CHECKER.  THE COMMISSION MAY PERMIT TEMPORARY
 REGISTRATION AS A CHECKER TO ANY APPLICANT UNDER  THIS  SECTION  PENDING
 FINAL  ACTION  ON AN APPLICATION MADE FOR SUCH REGISTRATION, UNDER  SUCH
 TERMS AND CONDITIONS AS THE COMMISSION MAY  PRESCRIBE,  WHICH  SHALL  BE
 VALID  FOR  A PERIOD TO BE FIXED BY THE COMMISSION, NOT IN EXCESS OF SIX
 MONTHS.
   5. THE COMMISSION SHALL HAVE POWER TO REPRIMAND ANY CHECKER REGISTERED
 UNDER THIS SECTION OR TO REMOVE SUCH PERSON FROM THE LONGSHORE  WORKERS'
 REGISTER  AS A CHECKER FOR SUCH PERIOD OF TIME AS IT DEEMS IN THE PUBLIC
 INTEREST FOR ANY OF THE FOLLOWING OFFENSES:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT  DISQUALI-
 FICATION  OF SUCH PERSON FROM INCLUSION IN THE LONGSHORE WORKERS' REGIS-
 TER AS A CHECKER UPON ORIGINAL APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING  INCLUSION  IN  THE
 LONGSHORE WORKERS' REGISTER AS A CHECKER OR IN THE CONDUCT OF THE REGIS-
 TERED ACTIVITY;
   (C) VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT;
   (D)  CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE OR CRIMINAL SALE OF
 A CONTROLLED SUBSTANCE;
   (E) INDUCING OR OTHERWISE AIDING OR ABETTING ANY PERSON TO VIOLATE THE
 TERMS OF THIS ACT;
   (F) PAYING, GIVING, CAUSING TO BE PAID OR GIVEN OR OFFERING TO PAY  OR
 GIVE  TO  ANY  PERSON  ANY  VALUABLE  CONSIDERATION TO INDUCE SUCH OTHER
 PERSON TO VIOLATE ANY PROVISION OF THIS ACT  OR  TO  INDUCE  ANY  PUBLIC
 OFFICER,  AGENT  OR  EMPLOYEE TO FAIL TO PERFORM THE PERSON'S DUTY UNDER
 THIS ACT;
   (G) CONSORTING WITH KNOWN CRIMINALS FOR AN UNLAWFUL PURPOSE, PROVIDED,
 HOWEVER, THAT CONSORTING WITHOUT UNLAWFUL PURPOSE SHALL BE  INSUFFICIENT
 GROUNDS FOR REPRIMAND;
   (H) TRANSFER OR SURRENDER OF POSSESSION TO ANY PERSON EITHER TEMPORAR-
 ILY  OR  PERMANENTLY OF ANY CARD OR OTHER MEANS OF IDENTIFICATION ISSUED
 BY THE COMMISSION AS EVIDENCE OF  INCLUSION  IN  THE  WORKERS'  REGISTER
 WITHOUT SATISFACTORY EXPLANATION;
   (I)  FALSE  IMPERSONATION  OF  ANOTHER  LONGSHORE WORKER OR OF ANOTHER
 PERSON LICENSED UNDER THIS ACT.
   6. THE COMMISSION SHALL HAVE THE RIGHT TO RECOVER  POSSESSION  OF  ANY
 CARD OR OTHER MEANS OF IDENTIFICATION ISSUED AS EVIDENCE OF INCLUSION IN
 THE LONGSHORE WORKERS' REGISTER AS A CHECKER IN THE EVENT THAT THE HOLD-
 S. 8308--C                         29                         A. 8808--C
 
 ER  THEREOF  HAS  BEEN REMOVED FROM THE LONGSHORE WORKERS' REGISTER AS A
 CHECKER.
   7.  ANY  APPLICANT  INELIGIBLE FOR INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER AS A CHECKER BY REASON OF THE PROVISIONS OF  PARAGRAPH  (B)  OF
 SUBDIVISION  THREE  OF  THIS SECTION MAY PETITION FOR AND THE COMMISSION
 MAY ISSUE AN ORDER REMOVING THE INELIGIBILITY. A PETITION FOR  AN  ORDER
 TO  REMOVE  INELIGIBILITY  MAY BE MADE TO THE COMMISSION BEFORE OR AFTER
 THE HEARING REQUIRED BY SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTI-
 CLE.
   8. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  IN
 ANY  WAY  ANY  RIGHTS  OF LABOR RESERVED BY SECTION FIVE HUNDRED THIRTY-
 FOUR-Q OF THIS ARTICLE.
   § 534-K. REGULARIZATION  OF  LONGSHORE  WORKERS'  EMPLOYMENT.  1.  THE
 COMMISSION  SHALL, AT REGULAR INTERVALS, REMOVE FROM THE LONGSHORE WORK-
 ERS' REGISTER ANY PERSON WHO SHALL HAVE BEEN  REGISTERED  FOR  AT  LEAST
 NINE  MONTHS AND WHO SHALL HAVE FAILED DURING THE PRECEDING SIX CALENDAR
 MONTHS EITHER TO HAVE WORKED AS A LONGSHORE WORKER IN THE  PORT  OF  NEW
 YORK DISTRICT OR TO HAVE APPLIED FOR EMPLOYMENT AS A LONGSHORE WORKER AT
 AN  EMPLOYMENT  INFORMATION  CENTER IN THE PORT OF NEW YORK DISTRICT FOR
 SUCH MINIMUM NUMBER OF DAYS  AS  SHALL  HAVE  BEEN  ESTABLISHED  BY  THE
 COMMISSION PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2.  ON  OR  BEFORE  EACH SUCCEEDING FIRST DAY OF JUNE OR DECEMBER, THE
 COMMISSION SHALL, FOR THE PURPOSES OF SUBDIVISION ONE OF  THIS  SECTION,
 ESTABLISH FOR THE SIX-MONTH PERIOD BEGINNING ON EACH SUCH DATE A MINIMUM
 NUMBER OF DAYS AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH PERIOD.
   3.  IN  ESTABLISHING  ANY  SUCH  MINIMUM NUMBER OF DAYS OR PERIOD, THE
 COMMISSION SHALL OBSERVE THE FOLLOWING STANDARDS:
   (A) TO ENCOURAGE AS FAR  AS  PRACTICABLE  THE  REGULARIZATION  OF  THE
 EMPLOYMENT OF LONGSHORE WORKERS;
   (B)  TO  BRING  THE  NUMBER OF ELIGIBLE LONGSHORE WORKERS MORE CLOSELY
 INTO BALANCE WITH THE DEMAND FOR LONGSHORE WORKERS' SERVICES WITHIN  THE
 PORT  OF  NEW YORK DISTRICT IN THIS STATE WITHOUT REDUCING THE NUMBER OF
 ELIGIBLE LONGSHORE WORKERS BELOW THAT NECESSARY TO MEET THE REQUIREMENTS
 OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (C) TO ELIMINATE OPPRESSIVE,  UNLAWFUL,  DISCRIMINATORY,  AND  CORRUPT
 HIRING  PRACTICES AFFECTING LONGSHORE WORKERS AND WATERBORNE COMMERCE IN
 THE PORT OF NEW YORK DISTRICT IN THIS STATE; AND
   (D) TO ELIMINATE UNLAWFUL PRACTICES INJURIOUS TO WATERFRONT LABOR.
   4. A LONGSHORE WORKER WHO HAS BEEN REMOVED FROM THE LONGSHORE WORKERS'
 REGISTER PURSUANT TO THIS SECTION MAY SEEK REINSTATEMENT UPON FULFILLING
 THE SAME REQUIREMENTS AS FOR INITIAL INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER, BUT NOT BEFORE THE EXPIRATION OF ONE YEAR  FROM  THE  DATE  OF
 REMOVAL,  EXCEPT  THAT IMMEDIATE REINSTATEMENT SHALL BE MADE UPON PROPER
 SHOWING THAT THE REGISTRANT'S FAILURE TO WORK  OR  APPLY  FOR  WORK  THE
 MINIMUM  NUMBER  OF DAYS ABOVE DESCRIBED WAS CAUSED BY THE FACT THAT THE
 REGISTRANT WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED  STATES  OR
 WAS INCAPACITATED BY ILL HEALTH, PHYSICAL INJURY, OR OTHER GOOD CAUSE.
   5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
 SHALL  AT  ANY  TIME  HAVE  THE POWER TO REGISTER LONGSHORE WORKERS ON A
 TEMPORARY BASIS TO MEET SPECIAL OR EMERGENCY NEEDS.
   6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION,  THE  COMMIS-
 SION SHALL HAVE THE POWER TO REMOVE FROM THE LONGSHORE WORKERS' REGISTER
 ANY  PERSON (INCLUDING THOSE PERSONS REGISTERED AS LONGSHORE WORKERS FOR
 LESS THAN NINE MONTHS) WHO SHALL HAVE FAILED TO HAVE WORKED AS  A  LONG-
 SHORE WORKER IN THE PORT OF NEW YORK DISTRICT FOR SUCH MINIMUM NUMBER OF
 DAYS  DURING  A  PERIOD  OF  TIME  AS SHALL HAVE BEEN ESTABLISHED BY THE
 S. 8308--C                         30                         A. 8808--C
 
 COMMISSION.   IN ADMINISTERING THIS  SECTION,  THE  COMMISSION,  IN  ITS
 DISCRETION,  MAY COUNT APPLICATIONS FOR EMPLOYMENT AS A LONGSHORE WORKER
 AT AN EMPLOYMENT  INFORMATION  CENTER  ESTABLISHED  UNDER  SECTION  FIVE
 HUNDRED  THIRTY-FOUR-O  OF THIS ARTICLE AS CONSTITUTING ACTUAL WORK AS A
 LONGSHORE WORKER, PROVIDED, HOWEVER, THAT THE COMMISSION SHALL COUNT  AS
 ACTUAL  WORK  THE COMPENSATION RECEIVED BY ANY LONGSHORE WORKER PURSUANT
 TO THE GUARANTEED WAGE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT
 RELATING TO LONGSHORE WORKERS.  PRIOR TO THE COMMENCEMENT OF ANY  PERIOD
 OF  TIME  ESTABLISHED  BY  THE  COMMISSION PURSUANT TO THIS SECTION, THE
 COMMISSION SHALL ESTABLISH FOR SUCH PERIOD THE MINIMUM NUMBER OF DAYS OF
 WORK REQUIRED AND THE DISTRIBUTION OF SUCH DAYS DURING SUCH  PERIOD  AND
 SHALL  ALSO  DETERMINE  WHETHER  OR  NOT APPLICATION FOR EMPLOYMENT AS A
 LONGSHORE WORKER SHALL BE COUNTED AS CONSTITUTING ACTUAL WORK AS A LONG-
 SHORE WORKER. THE COMMISSION MAY CLASSIFY LONGSHORE WORKERS ACCORDING TO
 LENGTH OF SERVICE AS A LONGSHORE WORKER AND SUCH OTHER CRITERIA  AS  MAY
 BE REASONABLE AND NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT. THE
 COMMISSION SHALL HAVE THE POWER TO VARY THE REQUIREMENTS OF THIS SECTION
 WITH  RESPECT  TO  THEIR  APPLICATION  TO THE VARIOUS CLASSIFICATIONS OF
 LONGSHORE WORKERS. IN ADMINISTERING THIS SECTION, THE  COMMISSION  SHALL
 OBSERVE THE STANDARDS SET FORTH IN SECTION FIVE HUNDRED THIRTY-FOUR-L OF
 THIS  ARTICLE.    NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO MODIFY,
 LIMIT OR RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE
 HUNDRED THIRTY-FOUR-Q OF THIS ARTICLE.
   § 534-L. SUSPENSION OR ACCEPTANCE OF APPLICATIONS FOR INCLUSION IN THE
 LONGSHORE WORKERS' REGISTER; EXCEPTIONS. 1.  THE COMMISSION  SHALL  HAVE
 THE  POWER  TO MAKE DETERMINATIONS TO SUSPEND THE ACCEPTANCE OF APPLICA-
 TIONS FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER FOR SUCH  PERIODS
 OF TIME AS THE COMMISSION MAY FROM TIME TO TIME ESTABLISH AND, AFTER ANY
 SUCH  PERIOD  OF SUSPENSION, THE COMMISSION SHALL HAVE THE POWER TO MAKE
 DETERMINATIONS TO ACCEPT APPLICATIONS FOR SUCH PERIOD  OF  TIME  AS  THE
 COMMISSION  MAY ESTABLISH OR IN SUCH NUMBER AS THE COMMISSION MAY DETER-
 MINE, OR BOTH. SUCH DETERMINATIONS TO  SUSPEND  OR  ACCEPT  APPLICATIONS
 SHALL  BE  MADE  BY  THE  COMMISSION:  (A) ON ITS OWN INITIATIVE WHEN IT
 DETERMINES THAT CONTINUED ACCEPTANCE OF APPLICATIONS  FOR  INCLUSION  IN
 THE  LONGSHORE WORKERS' REGISTER WILL VIOLATE THE STANDARDS SET FORTH IN
 SUBDIVISION TWO OF THIS SECTION; OR (B) UPON THE JOINT RECOMMENDATION IN
 WRITING OF STEVEDORES AND OTHER EMPLOYERS OF LONGSHORE  WORKERS  IN  THE
 PORT  OF NEW YORK DISTRICT IN THIS STATE, ACTING THROUGH THEIR REPRESEN-
 TATIVE FOR THE PURPOSE OF COLLECTIVE BARGAINING WITH A  LABOR  ORGANIZA-
 TION REPRESENTING SUCH LONGSHORE WORKERS IN SUCH DISTRICT AND SUCH LABOR
 ORGANIZATION;  OR  (C)  UPON  THE  PETITION IN WRITING OF A STEVEDORE OR
 ANOTHER EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW  YORK  DISTRICT
 IN  THIS  STATE  WHICH DOES NOT HAVE A REPRESENTATIVE FOR THE PURPOSE OF
 COLLECTIVE BARGAINING WITH A LABOR ORGANIZATION REPRESENTING SUCH  LONG-
 SHORE  WORKERS.  THE COMMISSION SHALL HAVE THE POWER TO ACCEPT OR REJECT
 SUCH JOINT RECOMMENDATION OR  PETITION.  ALL  JOINT  RECOMMENDATIONS  OR
 PETITIONS  FILED  FOR THE ACCEPTANCE OF APPLICATIONS WITH THE COMMISSION
 FOR INCLUSION IN THE LONGSHORE WORKERS' REGISTER SHALL INCLUDE:
   (I) THE NUMBER OF EMPLOYEES REQUESTED;
   (II) THE CATEGORY OR CATEGORIES OF EMPLOYEES REQUESTED;
   (III) A DETAILED STATEMENT SETTING FORTH THE REASONS  FOR  SUCH  JOINT
 RECOMMENDATION OR PETITION;
   (IV) IN CASES WHERE A JOINT RECOMMENDATION IS MADE UNDER THIS SECTION,
 THE COLLECTIVE BARGAINING REPRESENTATIVE OF STEVEDORES AND OTHER EMPLOY-
 ERS  OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE
 AND THE LABOR ORGANIZATION REPRESENTING  SUCH  LONGSHORE  WORKERS  SHALL
 S. 8308--C                         31                         A. 8808--C
 
 PROVIDE  THE ALLOCATION OF THE NUMBER OF PERSONS TO BE SPONSORED BY EACH
 EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT  IN  THIS
 STATE; AND
   (V) ANY OTHER INFORMATION REQUESTED BY THE COMMISSION.
   2.  IN  ADMINISTERING  THE  PROVISIONS OF THIS SECTION, THE COMMISSION
 SHALL OBSERVE THE FOLLOWING STANDARDS:
   (A) TO ENCOURAGE AS FAR  AS  PRACTICABLE  THE  REGULARIZATION  OF  THE
 EMPLOYMENT OF LONGSHORE WORKERS;
   (B)  TO  BRING  THE  NUMBER OF ELIGIBLE LONGSHORE WORKERS INTO BALANCE
 WITH THE DEMAND FOR LONGSHORE WORKERS' SERVICES WITHIN THE PORT  OF  NEW
 YORK  DISTRICT  IN  THIS  STATE  WITHOUT REDUCING THE NUMBER OF ELIGIBLE
 LONGSHORE WORKERS BELOW THAT NECESSARY TO MEET THE REQUIREMENTS OF LONG-
 SHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN THIS STATE;
   (C) TO ENCOURAGE THE MOBILITY AND FULL  UTILIZATION  OF  THE  EXISTING
 WORK FORCE OF LONGSHORE WORKERS;
   (D)  TO  PROTECT  THE JOB SECURITY OF THE EXISTING WORK FORCE OF LONG-
 SHORE WORKERS BY  CONSIDERING  THE  WAGES  AND  EMPLOYMENT  BENEFITS  OF
 PROSPECTIVE REGISTRANTS;
   (E)  TO  ELIMINATE  OPPRESSIVE,  UNLAWFUL, DISCRIMINATORY, AND CORRUPT
 HIRING PRACTICES INJURIOUS TO WATERFRONT LABOR AND  WATERBORNE  COMMERCE
 IN  THE  PORT  OF  NEW  YORK  DISTRICT IN THIS STATE, INCLUDING, BUT NOT
 LIMITED TO, THOSE  OPPRESSIVE,  UNLAWFUL,  DISCRIMINATORY,  AND  CORRUPT
 HIRING  PRACTICES  THAT  MAY RESULT FROM EITHER A SURPLUS OR SHORTAGE OF
 WATERFRONT LABOR;
   (F) TO CONSIDER THE EFFECT OF TECHNOLOGICAL CHANGE AND AUTOMATION  AND
 SUCH  OTHER ECONOMIC DATA AND FACTS AS ARE RELEVANT TO A PROPER DETERMI-
 NATION; AND
   (G) TO PROTECT THE PUBLIC INTEREST OF THIS STATE.
   3. (A) IN OBSERVING THE FOREGOING STANDARDS AND BEFORE DETERMINING  TO
 SUSPEND  OR  ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER, THE COMMISSION SHALL CONSULT WITH AND CONSIDER THE  VIEWS  OF,
 INCLUDING  ANY  STATISTICAL DATA OR OTHER FACTUAL INFORMATION CONCERNING
 THE SIZE OF THE LONGSHORE WORKERS' REGISTER SUBMITTED  BY,  CARRIERS  OF
 FREIGHT  BY WATER, STEVEDORES, WATERFRONT TERMINAL OWNERS AND OPERATORS,
 ANY LABOR ORGANIZATION REPRESENTING EMPLOYEES REGISTERED BY THE  COMMIS-
 SION,  AND  ANY OTHER PERSON WHOSE INTERESTS MAY BE AFFECTED BY THE SIZE
 OF THE LONGSHORE WORKERS' REGISTER.  THE COMMISSION SHALL PUBLISH ON ITS
 WEBSITE THE JUSTIFICATION FOR ANY DETERMINATION TO SUSPEND  APPLICATIONS
 FOR  INCLUSION  IN THE LONGSHORE WORKERS' REGISTER, AND SHALL NOTIFY THE
 GOVERNOR AND THE LEGISLATURE OF SUCH SUSPENSION, WITHIN TEN DAYS OF SUCH
 ACTION.
   (B) ANY RECOMMENDATION OR PETITION GRANTED HEREUNDER SHALL BE  SUBJECT
 TO  SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE CONSISTENT
 WITH THE PROVISIONS OF THIS ACT OR ANY REGULATIONS PROMULGATED THEREOF.
   4. ANY DETERMINATION BY THE COMMISSION PURSUANT  TO  THIS  SECTION  TO
 SUSPEND  OR  ACCEPT APPLICATIONS FOR INCLUSION IN THE LONGSHORE WORKERS'
 REGISTER SHALL BE MADE UPON A RECORD, SHALL NOT BECOME  EFFECTIVE  UNTIL
 FIVE  DAYS  AFTER  NOTICE THEREOF TO THE COLLECTIVE BARGAINING REPRESEN-
 TATIVE OF STEVEDORES AND OTHER EMPLOYERS OF  LONGSHORE  WORKERS  IN  THE
 PORT  OF  NEW  YORK DISTRICT IN THIS STATE AND TO THE LABOR ORGANIZATION
 REPRESENTING SUCH LONGSHORE WORKERS AND/OR THE PETITIONING STEVEDORE  OR
 OTHER  EMPLOYER OF LONGSHORE WORKERS IN THE PORT OF NEW YORK DISTRICT IN
 THIS STATE AND SHALL BE SUBJECT TO JUDICIAL REVIEW FOR BEING  ARBITRARY,
 CAPRICIOUS,  AND  AN  ABUSE OF DISCRETION IN A PROCEEDING JOINTLY INSTI-
 TUTED BY SUCH REPRESENTATIVE AND SUCH LABOR ORGANIZATION AND/OR  BY  THE
 PETITIONING STEVEDORE OR OTHER EMPLOYER OF LONGSHORE WORKERS IN THE PORT
 S. 8308--C                         32                         A. 8808--C
 
 OF  NEW YORK DISTRICT IN THIS STATE. SUCH JUDICIAL REVIEW PROCEEDING MAY
 BE INSTITUTED IN THE MANNER PROVIDED BY THE LAW OF THIS STATE FOR REVIEW
 OF THE FINAL DECISION OR  ACTION  OF  ADMINISTRATIVE  AGENCIES  OF  THIS
 STATE, PROVIDED, HOWEVER, THAT SUCH PROCEEDING SHALL BE DECIDED DIRECTLY
 BY  THE  APPELLATE DIVISION AS THE COURT OF FIRST INSTANCE (TO WHICH THE
 PROCEEDING SHALL BE TRANSFERRED BY ORDER  OF  TRANSFER  BY  THE  SUPREME
 COURT IN THE STATE OF NEW YORK BY NOTICE OF APPEAL FROM THE COMMISSION'S
 DETERMINATION)  AND  PROVIDED  FURTHER  THAT  NOTWITHSTANDING  ANY OTHER
 PROVISION OF LAW IN THIS STATE NO COURT SHALL HAVE  POWER  TO  STAY  THE
 COMMISSION'S  DETERMINATION  PRIOR  TO  FINAL JUDICIAL DECISION FOR MORE
 THAN FIFTEEN DAYS. IN THE EVENT THAT THE  COURT  ENTERS  A  FINAL  ORDER
 SETTING ASIDE THE DETERMINATION BY THE COMMISSION TO ACCEPT APPLICATIONS
 FOR  INCLUSION  IN  THE LONGSHORE WORKERS' REGISTER, THE REGISTRATION OF
 ANY LONGSHORE WORKERS INCLUDED IN THE LONGSHORE WORKERS' REGISTER  AS  A
 RESULT OF SUCH DETERMINATION BY THE COMMISSION SHALL BE CANCELLED.
   5.  THIS  SECTION  SHALL APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS ACT, PROVIDED HOWEVER, SUCH SECTION SHALL NOT IN ANY WAY  LIMIT  OR
 RESTRICT THE PROVISIONS OF THIS SUBDIVISION EMPOWERING THE COMMISSION TO
 REGISTER LONGSHORE WORKERS ON A TEMPORARY BASIS TO MEET SPECIAL OR EMER-
 GENCY  NEEDS  OR  THE  PROVISIONS  OF  SUBDIVISION  FOUR OF SECTION FIVE
 HUNDRED THIRTY-FOUR-K OF THIS ARTICLE RELATING TO  THE  IMMEDIATE  REIN-
 STATEMENT OF PERSONS REMOVED FROM THE LONGSHORE WORKERS' REGISTER PURSU-
 ANT TO THIS SECTION.
   6.  UPON  THE  GRANTING  OF ANY JOINT RECOMMENDATION OR PETITION UNDER
 THIS SECTION FOR THE ACCEPTANCE OF APPLICATIONS  FOR  INCLUSION  IN  THE
 LONGSHORE  WORKERS'  REGISTER,  THE COMMISSION SHALL ACCEPT APPLICATIONS
 UPON WRITTEN SPONSORSHIP FROM  THE  PROSPECTIVE  EMPLOYER  OF  LONGSHORE
 WORKERS.  THE  SPONSORING EMPLOYER SHALL FURNISH THE COMMISSION WITH THE
 NAME, ADDRESS AND SUCH OTHER IDENTIFYING OR CATEGORY INFORMATION AS  THE
 COMMISSION  MAY  PRESCRIBE  FOR  ANY PERSON SO SPONSORED. THE SPONSORING
 EMPLOYER SHALL CERTIFY THAT THE SELECTION OF THE  PERSONS  SO  SPONSORED
 WAS  MADE  IN A FAIR AND NON-DISCRIMINATORY BASIS IN ACCORDANCE WITH THE
 REQUIREMENTS OF THE LAWS OF THE UNITED STATES AND THE STATE OF NEW  YORK
 DEALING  WITH EQUAL EMPLOYMENT OPPORTUNITIES. NOTWITHSTANDING ANY OF THE
 FOREGOING, WHERE THE COMMISSION DETERMINES TO  ACCEPT  APPLICATIONS  FOR
 INCLUSION IN THE LONGSHORE WORKERS' REGISTER ON ITS OWN INITIATIVE, SUCH
 ACCEPTANCE  SHALL  BE  ACCOMPLISHED IN SUCH MANNER DEEMED APPROPRIATE BY
 THE COMMISSION.
   7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE COMMISSION
 MAY INCLUDE IN THE LONGSHORE WORKERS'  REGISTER  UNDER  SUCH  TERMS  AND
 CONDITIONS AS THE COMMISSION MAY PRESCRIBE:
   (A)  A PERSON ISSUED REGISTRATION ON A TEMPORARY BASIS TO MEET SPECIAL
 OR EMERGENCY NEEDS WHO IS STILL SO REGISTERED BY THE COMMISSION; AND
   (B) A PERSON DEFINED AS A LONGSHORE WORKER  IN  SUBPARAGRAPH  FOUR  OF
 PARAGRAPH  (A),  OR  PARAGRAPH (B) OF SUBDIVISION TWELVE OF SECTION FIVE
 HUNDRED THIRTY-FOUR-B OF THIS ARTICLE WHO IS  EMPLOYED  BY  A  STEVEDORE
 DEFINED  IN  PARAGRAPH  (C)  OR (D) OF SUBDIVISION TWENTY-TWO OF SECTION
 FIVE HUNDRED THIRTY-FOUR-B OF THIS ARTICLE AND WHOSE EMPLOYMENT  IS  NOT
 SUBJECT  TO  THE  GUARANTEED  ANNUAL INCOME PROVISIONS OF ANY COLLECTIVE
 BARGAINING AGREEMENT RELATING TO LONGSHORE WORKERS.
   8. THE COMMISSION MAY INCLUDE  IN  THE  LONGSHORE  WORKERS'  REGISTER,
 UNDER SUCH TERMS AND CONDITIONS AS THE COMMISSION MAY PRESCRIBE, PERSONS
 ISSUED  REGISTRATION  ON  A  TEMPORARY  BASIS AS A LONGSHORE WORKER OR A
 CHECKER TO MEET SPECIAL OR EMERGENCY NEEDS AND WHO ARE STILL  SO  REGIS-
 TERED BY THE COMMISSION UPON THE ENACTMENT OF THIS ACT.
 S. 8308--C                         33                         A. 8808--C
 
   9.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO MODIFY, LIMIT OR
 RESTRICT IN ANY WAY ANY OF THE RIGHTS PROTECTED BY SECTION FIVE  HUNDRED
 THIRTY-FOUR-Q OF THIS ARTICLE.
   § 534-M. SECURITY  OFFICER. 1. NO PERSON SHALL ACT AS A SECURITY OFFI-
 CER WITHIN THE PORT OF NEW YORK DISTRICT IN  THIS  STATE  WITHOUT  FIRST
 HAVING  OBTAINED  A  LICENSE FROM THE COMMISSION OR PREVIOUSLY, FROM THE
 BI-STATE COMMISSION, AND NO PERSON SHALL EMPLOY A SECURITY  OFFICER  WHO
 IS NOT SO LICENSED.
   2.  A  LICENSE  TO ACT AS A SECURITY OFFICER SHALL BE ISSUED ONLY UPON
 WRITTEN APPLICATION, DULY VERIFIED, WHICH SHALL STATE THE FOLLOWING:
   (A) THE FULL NAME, RESIDENCE, BUSINESS ADDRESS  (IF  ANY),  PLACE  AND
 DATE OF BIRTH AND SOCIAL SECURITY NUMBER OF THE APPLICANT;
   (B)  THE  PRESENT AND PREVIOUS OCCUPATIONS OF THE APPLICANT, INCLUDING
 THE PLACES WHERE THE PERSON WAS EMPLOYED AND THE NAMES OF  THE  PERSON'S
 EMPLOYERS;
   (C)  THE CITIZENSHIP OF THE APPLICANT AND, IF THE PERSON IS A NATURAL-
 IZED CITIZEN OF THE UNITED STATES, THE COURT AND DATE OF NATURALIZATION;
 AND
   (D) SUCH FURTHER FACTS AND EVIDENCE AS MAY BE REQUIRED BY THE  COMMIS-
 SION  TO  ASCERTAIN  THE CHARACTER, INTEGRITY AND IDENTITY OF THE APPLI-
 CANT.
   3. NO SUCH LICENSE SHALL BE GRANTED:
   (A) UNLESS THE  COMMISSION  SHALL  BE  SATISFIED  THAT  THE  APPLICANT
 POSSESSES GOOD CHARACTER AND INTEGRITY;
   (B) IF THE APPLICANT HAS, WITHOUT SUBSEQUENT PARDON, BEEN CONVICTED BY
 A COURT OF THE UNITED STATES OR OF ANY STATE OR TERRITORY THEREOF OF THE
 COMMISSION  OF, OR THE ATTEMPT OR CONSPIRACY TO COMMIT, TREASON, MURDER,
 MANSLAUGHTER OR ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
 EXCEEDING ONE YEAR OR ANY OF THE MISDEMEANORS OR OFFENSES  DESCRIBED  IN
 PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE;
   (C) UNLESS THE APPLICANT SHALL MEET SUCH REASONABLE STANDARDS OF PHYS-
 ICAL AND MENTAL FITNESS FOR THE DISCHARGE OF A SECURITY OFFICER'S DUTIES
 AS MAY FROM TIME TO TIME BE ESTABLISHED BY THE COMMISSION;
   (D) IF THE APPLICANT SHALL BE A MEMBER OF ANY LABOR ORGANIZATION WHICH
 REPRESENTS  LONGSHORE  WORKERS OR PIER SUPERINTENDENTS OR HIRING AGENTS;
 BUT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT  SECURITY  OFFI-
 CERS  FROM  BEING  REPRESENTED  BY A LABOR ORGANIZATION OR ORGANIZATIONS
 WHICH DO NOT ALSO REPRESENT LONGSHORE WORKERS OR PIER SUPERINTENDENTS OR
 HIRING AGENTS.  THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF  INDUS-
 TRIAL  ORGANIZATIONS AND ANY OTHER SIMILAR FEDERATION, CONGRESS OR OTHER
 ORGANIZATION OF NATIONAL OR  INTERNATIONAL  OCCUPATIONAL  OR  INDUSTRIAL
 LABOR  ORGANIZATIONS  SHALL  NOT  BE  CONSIDERED  AN  ORGANIZATION WHICH
 REPRESENTS LONGSHORE WORKERS OR PIER SUPERINTENDENTS  OR  HIRING  AGENTS
 WITHIN  THE  MEANING  OF  THIS  SECTION ALTHOUGH ONE OF THE FEDERATED OR
 CONSTITUENT LABOR ORGANIZATIONS THEREOF MAY REPRESENT LONGSHORE  WORKERS
 OR PIER SUPERINTENDENTS OR HIRING AGENTS;
   (E) IF THE APPLICANT KNOWINGLY OR WILLFULLY ADVOCATES THE DESIRABILITY
 OF  OVERTHROWING  OR  DESTROYING  THE GOVERNMENT OF THE UNITED STATES BY
 FORCE OR VIOLENCE OR SHALL BE A MEMBER OF A GROUP WHICH  ADVOCATES  SUCH
 DESIRABILITY, KNOWING THE PURPOSES OF SUCH GROUP INCLUDE SUCH ADVOCACY.
   4.  WHEN  THE  APPLICATION  SHALL  HAVE BEEN EXAMINED AND SUCH FURTHER
 INQUIRY AND INVESTIGATION MADE AS THE COMMISSION SHALL DEEM  PROPER  AND
 WHEN  THE  COMMISSION  SHALL  BE  SATISFIED THEREFROM THAT THE APPLICANT
 POSSESSES THE QUALIFICATIONS AND REQUIREMENTS PRESCRIBED BY THIS SECTION
 AND REGULATIONS ISSUED PURSUANT THERETO, THE COMMISSION SHALL ISSUE  AND
 S. 8308--C                         34                         A. 8808--C
 
 DELIVER A LICENSE TO THE APPLICANT. THE COMMISSION MAY ISSUE A TEMPORARY
 PERMIT  TO  ANY  APPLICANT  FOR  A  LICENSE UNDER THE PROVISIONS OF THIS
 SECTION PENDING FINAL ACTION ON AN APPLICATION MADE FOR SUCH A  LICENSE.
 ANY SUCH PERMIT SHALL BE VALID FOR A PERIOD NOT IN EXCESS OF SIX MONTHS.
   5.  A  LICENSE  GRANTED  PURSUANT TO THIS SECTION SHALL CONTINUE FOR A
 TERM OF THREE YEARS. A LICENSE MAY BE  RENEWED  BY  THE  COMMISSION  FOR
 SUCCESSIVE  THREE-YEAR  PERIODS UPON FULFILLING THE SAME REQUIREMENTS AS
 SET FORTH IN THIS SECTION FOR AN ORIGINAL APPLICATION.
   6. NOTWITHSTANDING ANY PROVISION SET FORTH IN THIS SECTION, A  LICENSE
 TO  ACT  AS  A  SECURITY OFFICER SHALL CONTINUE AND NEED NOT BE RENEWED,
 PROVIDED THE LICENSEE SHALL, AS REQUIRED BY THE COMMISSION:
   (A) SUBMIT TO A MEDICAL EXAMINATION AND MEET THE PHYSICAL  AND  MENTAL
 FITNESS  STANDARDS  ESTABLISHED  BY THE COMMISSION PURSUANT TO PARAGRAPH
 (C) OF SUBDIVISION THREE OF THIS SECTION;
   (B) COMPLETE A REFRESHER COURSE OF TRAINING; AND
   (C) SUBMIT SUPPLEMENTARY PERSONAL HISTORY INFORMATION.
   7. ANY LICENSE ISSUED PURSUANT TO  THIS  SECTION  MAY  BE  REVOKED  OR
 SUSPENDED FOR SUCH PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST
 OR  THE  LICENSEE THEREUNDER MAY BE REPRIMANDED FOR ANY OF THE FOLLOWING
 OFFENSES:
   (A) CONVICTION OF A CRIME OR OTHER CAUSE WHICH WOULD PERMIT OR REQUIRE
 THE PERSON'S DISQUALIFICATION FROM RECEIVING  A  LICENSE  UPON  ORIGINAL
 APPLICATION;
   (B) FRAUD, DECEIT OR MISREPRESENTATION IN SECURING THE LICENSE; AND
   (C) ANY OTHER OFFENSE DESCRIBED IN PARAGRAPHS (C), (D), (E), (F), (G),
 (H),  AND (I) OF SUBDIVISION SEVEN OF SECTION FIVE HUNDRED THIRTY-FOUR-F
 OF THIS ARTICLE.
   8. THE COMMISSION SHALL, AT REGULAR INTERVALS, CANCEL THE  LICENSE  OR
 TEMPORARY  PERMIT OF A SECURITY OFFICER WHO SHALL HAVE FAILED DURING THE
 PRECEDING TWELVE MONTHS TO HAVE WORKED AS A SECURITY OFFICER IN THE PORT
 OF NEW YORK DISTRICT A MINIMUM NUMBER OF HOURS AS SHALL HAVE BEEN ESTAB-
 LISHED BY THE COMMISSION, EXCEPT  THAT  IMMEDIATE  RESTORATION  OF  SUCH
 LICENSE  OR  TEMPORARY PERMIT SHALL BE MADE UPON PROPER SHOWING THAT THE
 FAILURE TO SO WORK WAS CAUSED BY THE FACT THAT THE LICENSEE OR PERMITTEE
 WAS ENGAGED IN THE MILITARY SERVICE OF THE UNITED STATES OR WAS INCAPAC-
 ITATED BY ILL HEALTH, PHYSICAL INJURY OR OTHER GOOD CAUSE.
   9. ANY APPLICANT FOR SECURITY OFFICER  INELIGIBLE  FOR  A  LICENSE  BY
 REASON  OF  THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS
 SECTION MAY PETITION FOR AND THE COMMISSION MAY ISSUE AN ORDER  REMOVING
 THE  INELIGIBILITY.  A PETITION FOR AN ORDER TO REMOVE INELIGIBILITY MAY
 BE MADE TO THE COMMISSION  BEFORE  OR  AFTER  THE  HEARING  REQUIRED  BY
 SECTION FIVE HUNDRED THIRTY-FOUR-N OF THIS ARTICLE.
   § 534-N. HEARINGS,  DETERMINATIONS AND REVIEW. 1. THE COMMISSION SHALL
 NOT DENY ANY APPLICATION FOR A LICENSE OR  REGISTRATION  WITHOUT  GIVING
 THE  APPLICANT  OR  PROSPECTIVE  LICENSEE REASONABLE PRIOR NOTICE AND AN
 OPPORTUNITY TO BE HEARD BY THE COMMISSION.
   2. ANY APPLICATION FOR A LICENSE OR FOR  INCLUSION  IN  THE  LONGSHORE
 WORKERS'  REGISTER,  AND ANY LICENSE ISSUED OR REGISTRATION MADE, MAY BE
 DENIED, REVOKED, OR SUSPENDED ONLY IN  THE  MANNER  PRESCRIBED  IN  THIS
 SECTION.
   3.  THE  COMMISSION  MAY  ON ITS OWN INITIATIVE OR ON COMPLAINT OF ANY
 PERSON, INCLUDING ANY PUBLIC OFFICIAL OR AGENCY,  INSTITUTE  PROCEEDINGS
 TO  REVOKE  OR  SUSPEND  ANY  LICENSE OR REGISTRATION AFTER A HEARING AT
 WHICH THE LICENSEE OR REGISTRANT AND ANY PERSON  MAKING  SUCH  COMPLAINT
 SHALL  BE  GIVEN  AN OPPORTUNITY TO BE HEARD, PROVIDED THAT ANY ORDER OF
 THE COMMISSION REVOKING OR SUSPENDING ANY LICENSE OR REGISTRATION  SHALL
 S. 8308--C                         35                         A. 8808--C
 
 NOT  BECOME  EFFECTIVE  UNTIL  FIFTEEN DAYS SUBSEQUENT TO THE SERVING OF
 NOTICE THEREOF UPON THE LICENSEE OR REGISTRANT UNLESS IN THE OPINION  OF
 THE  COMMISSION  THE CONTINUANCE OF THE LICENSE OR REGISTRATION FOR SUCH
 PERIOD  WOULD  BE  INIMICAL TO THE PUBLIC PEACE OR SAFETY. SUCH HEARINGS
 SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY  BE  PRESCRIBED
 BY  THE  RULES  OF  THE COMMISSION, BUT SUCH NOTICE SHALL BE OF NOT LESS
 THAN TEN DAYS AND SHALL STATE THE NATURE OF THE COMPLAINT.
   4. PENDING THE DETERMINATION OF SUCH HEARING PURSUANT  TO  SUBDIVISION
 THREE  OF THIS SECTION, THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT,
 LICENSE OR REGISTRATION UNTIL FURTHER ORDER OF THE COMMISSION IF IN  THE
 OPINION  OF  THE  COMMISSION  THE  CONTINUANCE OF THE PERMIT, LICENSE OR
 REGISTRATION FOR SUCH PERIOD IS INIMICAL TO THE PUBLIC PEACE OR SAFETY.
   (A) THE COMMISSION MAY TEMPORARILY SUSPEND A PERMIT, LICENSE OR REGIS-
 TRATION PURSUANT TO THE PROVISIONS OF  THIS  SUBDIVISION  UNTIL  FURTHER
 ORDER  OF  THE  COMMISSION  OR FINAL DISPOSITION OF THE UNDERLYING CASE,
 ONLY WHERE THE PERMITTEE, LICENSEE OR REGISTRANT HAS BEEN INDICTED  FOR,
 OR  OTHERWISE  CHARGED  WITH, A CRIME WHICH IS EQUIVALENT TO A FELONY IN
 THE STATE OF NEW YORK OR ANY CRIME PUNISHABLE BY DEATH  OR  IMPRISONMENT
 FOR  A  TERM  EXCEEDING  THREE HUNDRED SIXTY-FOUR DAYS OR ONLY WHERE THE
 PERMITTEE OR LICENSEE IS A  SECURITY  OFFICER  WHO  IS  CHARGED  BY  THE
 COMMISSION  PURSUANT  TO  THIS  SECTION  WITH MISAPPROPRIATING ANY OTHER
 PERSON'S PROPERTY AT OR ON A PIER OR OTHER WATERFRONT TERMINAL.
   (B) IN THE CASE OF A PERMITTEE, LICENSEE OR REGISTRANT  WHO  HAS  BEEN
 INDICTED  FOR, OR OTHERWISE CHARGED WITH, A CRIME, THE TEMPORARY SUSPEN-
 SION SHALL TERMINATE IMMEDIATELY UPON ACQUITTAL OR UPON DISMISSAL OF THE
 CRIMINAL CHARGE, UNLESS IN THE OPINION OF THE COMMISSION THE CONTINUANCE
 OF ANY SUCH PERMIT, LICENSE OR REGISTRATION IS INIMICAL  TO  THE  PUBLIC
 PEACE OR SAFETY.
   (C)  A PERSON WHOSE PERMIT, LICENSE OR REGISTRATION HAS BEEN TEMPORAR-
 ILY SUSPENDED MAY, AT ANY TIME, DEMAND THAT  THE  COMMISSION  CONDUCT  A
 HEARING  AS  PROVIDED  FOR  IN  THIS  SECTION. WITHIN SIXTY DAYS OF SUCH
 DEMAND, THE COMMISSION SHALL COMMENCE THE  HEARING  AND,  WITHIN  THIRTY
 DAYS OF RECEIPT OF THE ADMINISTRATIVE JUDGE'S REPORT AND RECOMMENDATION,
 THE  COMMISSION  SHALL  RENDER  A FINAL DETERMINATION THEREON; PROVIDED,
 HOWEVER, THAT THESE TIME REQUIREMENTS, SHALL NOT APPLY FOR ANY PERIOD OF
 DELAY CAUSED OR REQUESTED BY THE PERMITTEE, LICENSEE OR REGISTRANT. UPON
 FAILURE OF THE COMMISSION TO COMMENCE A HEARING  OR  RENDER  A  DETERMI-
 NATION  WITHIN  THE TIME LIMITS PRESCRIBED HEREIN, THE TEMPORARY SUSPEN-
 SION OF THE LICENSEE OR REGISTRANT SHALL IMMEDIATELY TERMINATE. NOTWITH-
 STANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF A  FEDERAL,  STATE,
 OR LOCAL LAW ENFORCEMENT AGENCY OR PROSECUTOR'S OFFICE SHALL REQUEST THE
 SUSPENSION OR DEFERMENT OF ANY HEARING ON THE GROUND THAT SUCH A HEARING
 WOULD OBSTRUCT OR PREJUDICE AN INVESTIGATION OR PROSECUTION, THE COMMIS-
 SION  MAY  IN  ITS DISCRETION, POSTPONE OR DEFER SUCH HEARING FOR A TIME
 CERTAIN OR INDEFINITELY. ANY ACTION BY  THE  COMMISSION  TO  POSTPONE  A
 HEARING  SHALL  BE  SUBJECT  TO IMMEDIATE JUDICIAL REVIEW AS PROVIDED IN
 SUBDIVISION SEVEN OF THIS SECTION.
   (D) THE COMMISSION MAY IN ADDITION, WITHIN  ITS  DISCRETION,  BAR  ANY
 PERMITTEE, LICENSEE OR REGISTRANT WHOSE LICENSE OR REGISTRATION HAS BEEN
 SUSPENDED  PURSUANT  TO  THIS SECTION, FROM ANY EMPLOYMENT BY A LICENSED
 STEVEDORE OR A CARRIER OF FREIGHT BY WATER DURING  THE  PERIOD  OF  SUCH
 SUSPENSION, IF THE ALLEGED CRIME THAT FORMS THE BASIS OF SUCH SUSPENSION
 INVOLVES THE POSSESSION WITH INTENT TO DISTRIBUTE, SALE, OR DISTRIBUTION
 OF   A   CONTROLLED   DANGEROUS  SUBSTANCE  (CONTROLLED  SUBSTANCE),  OR
 CONTROLLED DANGEROUS SUBSTANCE  ANALOG  (CONTROLLED  SUBSTANCE  ANALOG),
 RACKETEERING OR THEFT FROM A PIER OR WATERFRONT TERMINAL.
 S. 8308--C                         36                         A. 8808--C

   5.  THE  COMMISSION, OR SUCH OFFICER, EMPLOYEE OR AGENT OF THE COMMIS-
 SION AS MAY BE DESIGNATED BY THE COMMISSION FOR SUCH PURPOSE, SHALL HAVE
 THE POWER TO ISSUE SUBPOENAS TO COMPEL THE ATTENDANCE OF  WITNESSES  AND
 THE  GIVING OF TESTIMONY OR PRODUCTION OF OTHER EVIDENCE AND TO ADMINIS-
 TER  OATHS  IN CONNECTION WITH ANY SUCH HEARING. IT SHALL BE THE DUTY OF
 THE COMMISSION OR OF ANY OFFICER, EMPLOYEE OR AGENT  OF  THE  COMMISSION
 DESIGNATED  BY THE COMMISSION FOR SUCH PURPOSE TO ISSUE SUBPOENAS AT THE
 REQUEST OF AND UPON BEHALF OF THE  LICENSEE,  REGISTRANT  OR  APPLICANT.
 THE  COMMISSION OR SUCH PERSON CONDUCTING THE HEARING SHALL NOT BE BOUND
 BY COMMON LAW OR STATUTORY RULES OF EVIDENCE OR BY TECHNICAL  OR  FORMAL
 RULES OF PROCEDURE IN THE CONDUCT OF SUCH HEARING.
   6.  UPON THE CONCLUSION OF THE HEARING, THE COMMISSION SHALL TAKE SUCH
 ACTION UPON SUCH FINDINGS AND DETERMINATION AS IT DEEMS PROPER AND SHALL
 EXECUTE AN ORDER CARRYING SUCH FINDINGS INTO EFFECT. THE ACTION  IN  THE
 CASE OF AN APPLICATION FOR A LICENSE OR REGISTRATION SHALL BE THE GRANT-
 ING  OR  DENIAL  THEREOF.  THE ACTION IN THE CASE OF A LICENSEE SHALL BE
 REVOCATION OF THE LICENSE OR SUSPENSION THEREOF FOR A  FIXED  PERIOD  OR
 REPRIMAND  OR  A  DISMISSAL  OF THE CHARGES. THE ACTION IN THE CASE OF A
 REGISTERED LONGSHORE WORKER SHALL BE DISMISSAL OF THE CHARGES, REPRIMAND
 OR REMOVAL FROM THE LONGSHORE WORKERS' REGISTER FOR A  FIXED  PERIOD  OR
 PERMANENTLY.
   7.  THE  ACTION  OF  THE  COMMISSION  IN DENYING ANY APPLICATION FOR A
 LICENSE OR IN REFUSING TO INCLUDE ANY PERSON IN THE  LONGSHORE  WORKERS'
 REGISTER  UNDER  THIS  ACT  OR IN SUSPENDING OR REVOKING SUCH LICENSE OR
 REMOVING ANY PERSON FROM THE LONGSHORE WORKERS' REGISTER  OR  IN  REPRI-
 MANDING  A LICENSEE OR REGISTRANT SHALL BE SUBJECT TO JUDICIAL REVIEW BY
 A PROCEEDING INSTITUTED IN THIS STATE AT THE INSTANCE OF THE  APPLICANT,
 LICENSEE OR REGISTRANT IN THE MANNER PROVIDED BY STATE LAW FOR REVIEW OF
 THE FINAL DECISION OR ACTION OF AN AGENCY OF THIS STATE PROVIDED, HOWEV-
 ER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE COURT SHALL HAVE
 POWER  TO  STAY FOR NOT MORE THAN THIRTY DAYS AN ORDER OF THE COMMISSION
 SUSPENDING OR REVOKING A LICENSE OR REMOVING A LONGSHORE WORKER FROM THE
 LONGSHORE WORKERS' REGISTER.
   8. AT HEARINGS CONDUCTED BY THE COMMISSION PURSUANT TO  THIS  SECTION,
 APPLICANTS,  PROSPECTIVE LICENSEES, LICENSEES AND REGISTRANTS SHALL HAVE
 THE RIGHT TO BE ACCOMPANIED AND REPRESENTED BY COUNSEL.
   9. AFTER THE CONCLUSION OF A HEARING BUT PRIOR TO  THE  MAKING  OF  AN
 ORDER  BY  THE  COMMISSION,  A  HEARING  MAY,  UPON  PETITION AND IN THE
 DISCRETION OF THE HEARING OFFICER, BE REOPENED FOR THE  PRESENTATION  OF
 ADDITIONAL  EVIDENCE. SUCH PETITION TO REOPEN THE HEARING SHALL STATE IN
 DETAIL THE NATURE OF THE ADDITIONAL EVIDENCE, TOGETHER WITH THE  REASONS
 FOR  THE  FAILURE TO SUBMIT SUCH EVIDENCE PRIOR TO THE CONCLUSION OF THE
 HEARING. THE COMMISSION MAY UPON ITS  OWN  MOTION  AND  UPON  REASONABLE
 NOTICE  REOPEN  A  HEARING  FOR THE PRESENTATION OF ADDITIONAL EVIDENCE.
 UPON PETITION, AFTER THE MAKING OF AN ORDER OF THE COMMISSION, REHEARING
 MAY BE GRANTED IN THE DISCRETION OF THE COMMISSION. SUCH A PETITION  FOR
 REHEARING  SHALL  STATE IN DETAIL THE GROUNDS UPON WHICH THE PETITION IS
 BASED AND SHALL SEPARATELY SET FORTH EACH ERROR OF LAW AND FACT  ALLEGED
 TO  HAVE BEEN MADE BY THE COMMISSION IN ITS DETERMINATION, TOGETHER WITH
 THE FACTS AND ARGUMENTS IN SUPPORT THEREOF. SUCH PETITION SHALL BE FILED
 WITH THE COMMISSION NOT LATER THAN THIRTY DAYS  AFTER  SERVICE  OF  SUCH
 ORDER,  UNLESS  THE  COMMISSION  FOR  GOOD  CAUSE  SHOWN SHALL OTHERWISE
 DIRECT.  THE COMMISSION MAY UPON ITS OWN MOTION GRANT A REHEARING  AFTER
 THE MAKING OF AN ORDER.
   § 534-O. EMPLOYMENT  INFORMATION  CENTERS.  1.  THE  COMMISSION  SHALL
 ESTABLISH AND MAINTAIN ONE OR MORE EMPLOYMENT INFORMATION CENTERS WITHIN
 S. 8308--C                         37                         A. 8808--C
 
 THE PORT OF NEW YORK DISTRICT IN THIS STATE AT SUCH LOCATIONS AS IT  MAY
 DETERMINE.  NO PERSON SHALL, DIRECTLY OR INDIRECTLY, HIRE ANY PERSON FOR
 WORK  AS  A  LONGSHORE WORKER OR SECURITY OFFICER WITHIN THE PORT OF NEW
 YORK  DISTRICT  IN THIS STATE, EXCEPT THROUGH SUCH PARTICULAR EMPLOYMENT
 INFORMATION CENTER OR CENTERS AS MAY BE PRESCRIBED  BY  THE  COMMISSION.
 NO  PERSON SHALL ACCEPT ANY EMPLOYMENT AS A LONGSHORE WORKER OR SECURITY
 OFFICER WITHIN THE PORT OF NEW  YORK  DISTRICT  IN  THIS  STATE,  EXCEPT
 THROUGH  SUCH AN EMPLOYMENT INFORMATION CENTER.  AT EACH SUCH EMPLOYMENT
 INFORMATION CENTER THE COMMISSION SHALL KEEP AND EXHIBIT  THE  LONGSHORE
 WORKERS'  REGISTER  AND  ANY OTHER RECORDS IT SHALL DETERMINE TO THE END
 THAT LONGSHORE WORKERS AND SECURITY  OFFICERS  SHALL  HAVE  THE  MAXIMUM
 INFORMATION  AS  TO  AVAILABLE EMPLOYMENT AS SUCH AT ANY TIME WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE AND TO THE  END  THAT  EMPLOYERS
 SHALL  HAVE AN ADEQUATE OPPORTUNITY TO FILL THEIR REQUIREMENTS OF REGIS-
 TERED LONGSHORE WORKERS AND SECURITY OFFICERS AT ALL TIMES.
   2. EVERY EMPLOYER OF LONGSHORE WORKERS OR SECURITY OFFICERS WITHIN THE
 PORT OF NEW YORK DISTRICT IN THIS STATE SHALL FURNISH  SUCH  INFORMATION
 AS  MAY  BE  REQUIRED  BY  THE  RULES  AND REGULATIONS PRESCRIBED BY THE
 COMMISSION WITH REGARD TO THE NAME OF EACH PERSON HIRED AS  A  LONGSHORE
 WORKER  OR  SECURITY  OFFICER,  THE  TIME AND PLACE OF HIRING, THE TIME,
 PLACE AND HOURS OF WORK, AND THE COMPENSATION THEREFOR.
   § 534-P. IMPLEMENTATION OF TELECOMMUNICATIONS HIRING SYSTEM FOR  LONG-
 SHORE  WORKERS  AND  CHECKERS; REGISTRATION OF TELECOMMUNICATIONS SYSTEM
 CONTROLLER. 1. THE COMMISSION MAY DESIGNATE ONE OF THE EMPLOYMENT INFOR-
 MATION CENTERS IT IS AUTHORIZED TO ESTABLISH AND MAINTAIN UNDER  SECTION
 FIVE  HUNDRED  THIRTY-FOUR-O OF THIS ARTICLE FOR THE IMPLEMENTATION OF A
 TELECOMMUNICATIONS HIRING SYSTEM THROUGH  WHICH  LONGSHORE  WORKERS  AND
 CHECKERS MAY BE HIRED AND ACCEPT EMPLOYMENT WITHOUT ANY PERSONAL APPEAR-
 ANCE  AT  SAID CENTER.   ANY SUCH TELECOMMUNICATIONS HIRING SYSTEM SHALL
 INCORPORATE HIRING AND SENIORITY AGREEMENTS  BETWEEN  THE  EMPLOYERS  OF
 LONGSHORE  WORKERS  AND CHECKERS AND THE LABOR ORGANIZATION REPRESENTING
 LONGSHORE WORKERS AND CHECKERS IN THE PORT OF NEW YORK DISTRICT IN  THIS
 STATE,  PROVIDED SAID AGREEMENTS ARE NOT IN CONFLICT WITH THE PROVISIONS
 OF THE ARTICLE.
   2. THE COMMISSION SHALL PERMIT EMPLOYEES OF THE ASSOCIATION REPRESENT-
 ING EMPLOYERS OF LONGSHORE WORKERS AND CHECKERS AND OF THE LABOR  ORGAN-
 IZATION  REPRESENTING  LONGSHORE WORKERS AND CHECKERS IN THE PORT OF NEW
 YORK DISTRICT IN THIS STATE, OR OF A JOINT BOARD OF SUCH ASSOCIATION AND
 LABOR ORGANIZATION, TO PARTICIPATE IN THE OPERATION OF SAID TELECOMMUNI-
 CATIONS HIRING SYSTEM, PROVIDED THAT ANY SUCH EMPLOYEE IS REGISTERED  BY
 THE    COMMISSION AS A "TELECOMMUNICATIONS SYSTEM CONTROLLER" IN ACCORD-
 ANCE WITH THE PROVISIONS, STANDARDS AND GROUNDS SET  FORTH  IN  THE  ACT
 WITH  RESPECT TO THE REGISTRATION OF CHECKERS.  NO PERSON SHALL ACT AS A
 "TELECOMMUNICATIONS SYSTEM CONTROLLER" UNLESS THAT PERSON IS  SO  REGIS-
 TERED.   ANY APPLICATION FOR SUCH REGISTRATION AND ANY REGISTRATION MADE
 OR ISSUED MAY BE DENIED, REVOKED, OR SUSPENDED, AS THE CASE MAY BE, ONLY
 IN THE MANNER PRESCRIBED IN SECTION FIVE HUNDRED THIRTY-FOUR-N  OF  THIS
 ARTICLE.   ANY AND ALL SUCH PARTICIPATION IN THE OPERATION OF SAID TELE-
 COMMUNICATIONS HIRING SYSTEM SHALL BE MONITORED BY THE COMMISSION.
   3. ANY AND  ALL  RECORDS,  DOCUMENTS,  TAPES,  DISCS  AND  OTHER  DATA
 COMPILED,  COLLECTED  OR  MAINTAINED  BY  SAID ASSOCIATION OF EMPLOYERS,
 LABOR ORGANIZATION AND JOINT BOARD OF SUCH ASSOCIATION AND LABOR  ORGAN-
 IZATION  PERTAINING  TO  THE  TELECOMMUNICATIONS  HIRING SYSTEM SHALL BE
 AVAILABLE FOR INSPECTION, INVESTIGATION AND DUPLICATION BY  THE  COMMIS-
 SION.
 S. 8308--C                         38                         A. 8808--C

   § 534-Q. CONSTRUCTION  OF  ACT.  1. THIS ACT IS NOT DESIGNED AND SHALL
 NOT BE CONSTRUED TO LIMIT IN ANY WAY ANY RIGHTS GRANTED OR DERIVED  FROM
 ANY  OTHER STATUTE OR ANY RULE OF LAW FOR EMPLOYEES TO ORGANIZE IN LABOR
 ORGANIZATIONS, TO BARGAIN COLLECTIVELY AND TO ACT IN ANY OTHER WAY INDI-
 VIDUALLY,  COLLECTIVELY, AND THROUGH LABOR ORGANIZATIONS OR OTHER REPRE-
 SENTATIVES OF THEIR OWN CHOOSING.   WITHOUT LIMITING THE  GENERALITY  OF
 THE FOREGOING, NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT
 IN ANY WAY THE RIGHT OF EMPLOYEES TO STRIKE.
   2. THIS ACT IS NOT DESIGNED AND SHALL NOT BE CONSTRUED TO LIMIT IN ANY
 WAY ANY RIGHTS OF LONGSHORE WORKERS, HIRING AGENTS, PIER SUPERINTENDENTS
 OR  SECURITY  OFFICERS  OR  THEIR  EMPLOYERS TO BARGAIN COLLECTIVELY AND
 AGREE  UPON ANY METHOD FOR THE SELECTION OF SUCH  EMPLOYEES  BY  WAY  OF
 SENIORITY,  EXPERIENCE,  REGULAR  GANGS OR OTHERWISE, PROVIDED THAT SUCH
 EMPLOYEES SHALL BE LICENSED OR REGISTERED HEREUNDER AND  SUCH  LONGSHORE
 WORKERS AND SECURITY OFFICERS SHALL BE HIRED ONLY THROUGH THE EMPLOYMENT
 INFORMATION  CENTERS ESTABLISHED HEREUNDER AND THAT ALL OTHER PROVISIONS
 OF THIS ACT BE OBSERVED.
   § 534-R. CERTAIN SOLICITATIONS  PROHIBITED;  PROHIBITION  AGAINST  THE
 HOLDING OF UNION POSITION BY OFFICERS, AGENTS OR EMPLOYEES WHO HAVE BEEN
 CONVICTED  OF  CERTAIN  CRIMES AND OFFENSES. 1. NO PERSON SHALL SOLICIT,
 COLLECT OR RECEIVE ANY DUES,  ASSESSMENTS,  LEVIES,  FINES  OR  CONTRIB-
 UTIONS,  OR OTHER CHARGES WITHIN THE STATE FOR OR ON BEHALF OF ANY LABOR
 ORGANIZATION WHICH REPRESENTS EMPLOYEES REGISTERED OR LICENSED  PURSUANT
 TO  THE  PROVISIONS  OF THIS ARTICLE OR WHICH DERIVES ITS CHARTER FROM A
 LABOR ORGANIZATION REPRESENTING ONE HUNDRED OR MORE OF  SUCH  REGISTERED
 OR  LICENSED  EMPLOYEES, IF ANY OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
 ORGANIZATION, OR OF A WELFARE FUND OR TRUST  ADMINISTERED  PARTIALLY  OR
 ENTIRELY  BY  SUCH  LABOR  ORGANIZATION  OR BY TRUSTEES OR OTHER PERSONS
 DESIGNATED BY SUCH LABOR ORGANIZATION, HAS BEEN CONVICTED BY A COURT  OF
 THE  UNITED  STATES, OR ANY STATE OR TERRITORY THEREOF, OF A FELONY, ANY
 MISDEMEANOR INVOLVING MORAL TURPITUDE OR ANY CRIME OR OFFENSE ENUMERATED
 IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION  FIVE  HUNDRED  THIRTY-
 FOUR-J  OF  THIS  ARTICLE,  UNLESS  SUCH  PERSON  HAS  BEEN SUBSEQUENTLY
 PARDONED THEREFOR BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF  THE
 STATE OR JURISDICTION IN WHICH SUCH CONVICTION WAS HAD OR HAS RECEIVED A
 CERTIFICATE  OF  GOOD  CONDUCT  FROM THE BOARD OF PAROLE PURSUANT TO THE
 PROVISIONS OF THIS CHAPTER  TO  REMOVE  THE  DISABILITY.  NO  PERSON  SO
 CONVICTED  SHALL  SERVE  AS  AN OFFICER, AGENT OR EMPLOYEE OF SUCH LABOR
 ORGANIZATION, WELFARE FUND OR TRUST  UNLESS  SUCH  PERSON  HAS  BEEN  SO
 PARDONED  OR  HAS  RECEIVED  A  CERTIFICATE  OF GOOD CONDUCT. NO PERSON,
 INCLUDING SUCH LABOR ORGANIZATION, WELFARE FUND OR TRUST, SHALL KNOWING-
 LY PERMIT SUCH CONVICTED PERSON TO ASSUME OR HOLD ANY OFFICE, AGENCY, OR
 EMPLOYMENT IN VIOLATION OF THIS SECTION.
   2. AS USED IN THIS SECTION, THE TERM "LABOR ORGANIZATION"  SHALL  MEAN
 AND  INCLUDE  ANY  ORGANIZATION  WHICH EXISTS AND IS CONSTITUTED FOR THE
 PURPOSE IN WHOLE OR IN PART OF COLLECTIVE BARGAINING, OR OF DEALING WITH
 EMPLOYERS CONCERNING GRIEVANCES, TERMS AND CONDITIONS OF EMPLOYMENT,  OR
 OF  OTHER  MUTUAL AID OR   PROTECTION; BUT IT SHALL NOT INCLUDE A FEDER-
 ATION OR CONGRESS OF LABOR ORGANIZATIONS  ORGANIZED  ON  A  NATIONAL  OR
 INTERNATIONAL  BASIS  EVEN THOUGH ONE OF ITS CONSTITUENT LABOR ORGANIZA-
 TIONS MAY REPRESENT PERSONS SO REGISTERED OR LICENSED.
   3. ANY PERSON WHO SHALL VIOLATE THIS SECTION  SHALL  BE  GUILTY  OF  A
 MISDEMEANOR  PUNISHABLE  BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS
 OR IMPRISONMENT FOR NOT MORE THAN  THREE  HUNDRED  SIXTY-FOUR  DAYS,  OR
 BOTH.
 S. 8308--C                         39                         A. 8808--C
 
   4.  IF  UPON APPLICATION TO THE COMMISSION BY AN EMPLOYEE WHO HAS BEEN
 CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN  SUBDIVISION  ONE  OF  THIS
 SECTION  THE  COMMISSION, IN ITS DISCRETION, DETERMINES IN AN ORDER THAT
 IT WOULD NOT BE CONTRARY TO THE PURPOSES AND OBJECTIVES OF THIS ACT  FOR
 SUCH  EMPLOYEE  TO WORK IN A PARTICULAR EMPLOYMENT FOR A LABOR ORGANIZA-
 TION, WELFARE FUND OR  TRUST  WITHIN  THE  MEANING OF SUBDIVISION TWO OF
 THIS SECTION, THE PROVISIONS OF SUBDIVISION TWO OF  THIS  SECTION  SHALL
 NOT  APPLY TO THE PARTICULAR EMPLOYMENT OF SUCH EMPLOYEE WITH RESPECT TO
 SUCH CONVICTION OR CONVICTIONS AS  ARE  SPECIFIED  IN  THE  COMMISSION'S
 ORDER.  THIS SECTION IS APPLICABLE ONLY TO THOSE EMPLOYEES WHO FOR WAGES
 OR SALARY PERFORM MANUAL, MECHANICAL, OR PHYSICAL WORK OF A  ROUTINE  OR
 CLERICAL  NATURE AT THE PREMISES OF THE LABOR ORGANIZATION, WELFARE FUND
 OR TRUST BY WHICH THEY ARE EMPLOYED.
   5. NO PERSON WHO HAS BEEN CONVICTED OF A CRIME OR OFFENSE SPECIFIED IN
 SUBDIVISION ONE OF THIS SECTION SHALL DIRECTLY OR INDIRECTLY SERVE AS AN
 OFFICER, AGENT OR EMPLOYEE OF A  LABOR  ORGANIZATION,  WELFARE  FUND  OR
 TRUST  UNLESS  SUCH PERSON HAS BEEN SUBSEQUENTLY PARDONED FOR SUCH CRIME
 OR OFFENSE BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF  THE  STATE
 OR  JURISDICTION  IN  WHICH  SUCH  CONVICTION  WAS HAD OR HAS RECEIVED A
 CERTIFICATE OF GOOD CONDUCT OR OTHER RELIEF  FROM  DISABILITIES  ARISING
 FROM  THE FACT OF CONVICTION FROM A BOARD OF PAROLE OR SIMILAR AUTHORITY
 OR HAS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AN ORDER  OF
 EXCEPTION  FROM THE COMMISSION.   NO PERSON, INCLUDING A LABOR ORGANIZA-
 TION, WELFARE FUND OR TRUST WITHIN THE MEANING  OF  SUBDIVISION  ONE  OF
 THIS  SECTION, SHALL KNOWINGLY PERMIT ANY OTHER PERSON TO ASSUME OR HOLD
 ANY OFFICE, AGENCY OR EMPLOYMENT IN VIOLATION OF THIS SECTION.
   6. THE COMMISSION MAY MAINTAIN A  CIVIL  ACTION  AGAINST  ANY  PERSON,
 LABOR  ORGANIZATION, WELFARE FUND OR TRUST OR OFFICERS THEREOF TO COMPEL
 COMPLIANCE WITH THIS SECTION, OR TO PREVENT ANY VIOLATIONS,  THE  AIDING
 AND  ABETTING  THEREOF,  OR  ANY  ATTEMPT  OR CONSPIRACY TO VIOLATE THIS
 SECTION, EITHER BY MANDAMUS, INJUNCTION OR  ACTION  AND  UPON  A  PROPER
 SHOWING  A  TEMPORARY  RESTRAINING  ORDER OR OTHER APPROPRIATE TEMPORARY
 ORDER SHALL BE GRANTED EX PARTE AND WITHOUT BOND PENDING  FINAL  HEARING
 AND DETERMINATION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO MODIFY,
 LIMIT  OR  RESTRICT IN ANY WAY THE PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION.
   § 534-S. GENERAL VIOLATIONS; PROSECUTIONS; PENALTIES. 1.  THE  FAILURE
 OF  ANY  WITNESS,  WHEN  DULY  SUBPOENAED  TO  ATTEND, GIVE TESTIMONY OR
 PRODUCE OTHER EVIDENCE, WHETHER OR NOT AT A HEARING, SHALL BE PUNISHABLE
 BY THE SUPREME COURT IN NEW YORK IN THE SAME MANNER AS SAID  FAILURE  IS
 PUNISHABLE BY SUCH COURT IN A CASE THEREIN PENDING.
   2.  ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
 ANY SUCH HEARING, SHALL WILLFULLY GIVE  FALSE  TESTIMONY  OR  WHO  SHALL
 WILLFULLY  MAKE  OR  FILE  ANY  FALSE  OR FRAUDULENT REPORT OR STATEMENT
 REQUIRED BY THIS ARTICLE TO BE MADE OR FILED UNDER OATH, SHALL BE GUILTY
 OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS,
 OR BOTH.
   3.  ANY PERSON WHO, HAVING BEEN DULY SWORN OR AFFIRMED AS A WITNESS IN
 ANY INVESTIGATION,  INTERVIEW  OR  OTHER  PROCEEDING  CONDUCTED  BY  THE
 COMMISSION  PURSUANT  TO THE PROVISIONS OF THIS ARTICLE, SHALL WILLFULLY
 GIVE FALSE TESTIMONY SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE  BY  A
 FINE  OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE
 THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
   4. THE COMMISSION MAY MAINTAIN A CIVIL ACTION ON BEHALF OF  THE  STATE
 AGAINST ANY PERSON WHO VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE THIS
 S. 8308--C                         40                         A. 8808--C

 SECTION  OR  WHO  FAILS,  OMITS, OR NEGLECTS TO OBEY, OBSERVE, OR COMPLY
 WITH ANY ORDER OR DIRECTION OF THE COMMISSION, TO RECOVER A JUDGMENT FOR
 A MONEY PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS FOR  EACH  AND  EVERY
 OFFENSE.    EVERY  VIOLATION  OF ANY SUCH PROVISION, ORDER OR DIRECTION,
 SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN CASE OF  A  CONTINUING
 VIOLATION,  EVERY DAY'S CONTINUANCE SHALL BE AND BE DEEMED TO BE A SEPA-
 RATE AND DISTINCT OFFENSE.   ANY  SUCH  ACTION  MAY  BE  COMPROMISED  OR
 DISCONTINUED  ON  APPLICATION  OF  THE COMMISSION UPON SUCH TERMS AS THE
 COURT MAY APPROVE AND A JUDGMENT MAY BE RENDERED FOR AN AMOUNT LESS THAN
 THE AMOUNT DEMANDED IN THE COMPLAINT AS JUSTICE MAY REQUIRE.
   5. THE COMMISSION MAY MAINTAIN A CIVIL ACTION AGAINST  ANY  PERSON  TO
 COMPEL  COMPLIANCE  WITH ANY OF THE PROVISIONS OF THIS ACT OR TO PREVENT
 VIOLATIONS, ATTEMPTS OR CONSPIRACIES TO VIOLATE ANY SUCH PROVISIONS,  OR
 INTERFERENCE,  ATTEMPTS  OR CONSPIRACIES TO INTERFERE WITH OR IMPEDE THE
 ENFORCEMENT OF ANY SUCH PROVISIONS OR THE EXERCISE  PERFORMANCE  OF  ANY
 POWER OR DUTY THEREUNDER,  EITHER BY MANDAMUS, INJUNCTION OR ACTION.
   6.  ANY  PERSON  WHO  VIOLATES OR ATTEMPTS OR CONSPIRES TO VIOLATE ANY
 OTHER PROVISION OF THIS  ARTICLE  SHALL  BE  GUILTY  OF  A  MISDEMEANOR,
 PUNISHABLE  BY A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY IMPRI-
 SONMENT FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
   7. ANY PERSON WHO INTERFERES WITH OR IMPEDES THE ORDERLY  REGISTRATION
 OF  LONGSHORE  WORKERS  PURSUANT  TO  THIS  ACT  OR  WHO CONSPIRES TO OR
 ATTEMPTS TO INTERFERE WITH OR IMPEDE SUCH REGISTRATION SHALL  BE  GUILTY
 OF  A  MISDEMEANOR,  PUNISHABLE  BY A FINE OF NOT MORE THAN FIVE HUNDRED
 DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN  THREE  HUNDRED  SIXTY-FOUR
 DAYS, OR BOTH.
   8.  ANY  PERSON  WHO  DIRECTLY  OR INDIRECTLY INFLICTS OR THREATENS TO
 INFLICT ANY INJURY, DAMAGE, HARM OR LOSS OR IN  ANY OTHER  MANNER  PRAC-
 TICES  INTIMIDATION  UPON  OR  AGAINST  ANY PERSON IN ORDER TO INDUCE OR
 COMPEL SUCH PERSON OR ANY  OTHER  PERSON  TO  REFRAIN  FROM  REGISTERING
 PURSUANT  TO  THIS ACT SHALL BE GUILTY OF A MISDEMEANOR, PUNISHABLE BY A
 FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT  FOR  NOT
 MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
   9.  ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE
 OR OF SECTION FIVE HUNDRED THIRTY-FOUR-X OF THIS ARTICLE  FOR  WHICH  NO
 OTHER  PENALTY IS  PRESCRIBED SHALL BE GUILTY OF A MISDEMEANOR, PUNISHA-
 BLE BY A FINE OF NOT  MORE THAN FIVE HUNDRED DOLLARS OR BY  IMPRISONMENT
 FOR NOT MORE THAN THREE HUNDRED SIXTY-FOUR DAYS, OR BOTH.
   10.  NO  PERSON SHALL, WITHOUT A SATISFACTORY EXPLANATION, LOITER UPON
 ANY VESSEL, DOCK, WHARF, PIER, BULKHEAD, TERMINAL, WAREHOUSE,  OR  OTHER
 WATERFRONT  FACILITY OR WITHIN FIVE HUNDRED FEET THEREOF IN THAT PORTION
 OF THE PORT OF NEW YORK DISTRICT WITHIN THE STATE OF NEW YORK.
   11. ANY PERSON WHO, WITHOUT JUSTIFICATION OR EXCUSE IN  LAW,  DIRECTLY
 OR INDIRECTLY INTIMIDATES OR  INFLICTS ANY INJURY, DAMAGE, HARM, LOSS OR
 ECONOMIC  REPRISAL UPON ANY PERSON LICENSED OR REGISTERED BY THE COMMIS-
 SION, OR ANY OTHER PERSON, OR  ATTEMPTS, CONSPIRES OR  THREATENS  SO  TO
 DO,  IN  ORDER  TO INTERFERE WITH,  IMPEDE OR INFLUENCE SUCH LICENSED OR
 REGISTERED PERSON IN THE PERFORMANCE OR DISCHARGE OF THE PERSON'S DUTIES
 OR OBLIGATIONS SHALL BE PUNISHABLE AS PROVIDED IN SUBDIVISION  THREE  OF
 SECTION FIVE HUNDRED THIRTY-FOUR-R    OF THIS ARTICLE.
   12. IN ANY PROSECUTION UNDER THIS ACT, IT SHALL BE SUFFICIENT TO PROVE
 ONLY  A SINGLE ACT OR A SINGLE HOLDING OUT OR ATTEMPT PROHIBITED BY LAW,
 WITHOUT HAVING TO PROVE A GENERAL COURSE OF CONDUCT, IN ORDER TO PROVE A
 VIOLATION.
 S. 8308--C                         41                         A. 8808--C
 
   § 534-T. DENIAL OF APPLICATIONS. IN ADDITION TO THE GROUNDS  ELSEWHERE
 SET  FORTH IN THIS ARTICLE, THE COMMISSION MAY DENY AN APPLICATION FOR A
 LICENSE OR REGISTRATION FOR ANY OF THE FOLLOWING:
   1. CONVICTION BY A COURT OF THE UNITED STATES OR ANY STATE OR TERRITO-
 RY THEREOF OF COERCION;
   2.  CONVICTION  BY  ANY  SUCH  COURT,  AFTER  HAVING  BEEN  PREVIOUSLY
 CONVICTED BY ANY SUCH COURT OF ANY CRIME OR OF THE OFFENSES SET FORTH IN
 THIS ARTICLE, OF  A  MISDEMEANOR  OR  ANY  OF  THE  FOLLOWING  OFFENSES:
 ASSAULT,  MALICIOUS  INJURY  TO  PROPERTY,  MALICIOUS MISCHIEF, UNLAWFUL
 TAKING OF A MOTOR VEHICLE, CORRUPTION  OF  EMPLOYEES  OR  POSSESSION  OF
 LOTTERY OR NUMBER SLIPS;
   3.  FRAUD, DECEIT OR MISREPRESENTATION IN CONNECTION WITH ANY APPLICA-
 TION OR PETITION SUBMITTED TO, OR ANY INTERVIEW, HEARING  OR  PROCEEDING
 CONDUCTED BY THE COMMISSION;
   4. VIOLATION OF ANY PROVISION OF THIS ACT OR COMMISSION OF ANY OFFENSE
 UNDER THIS ARTICLE;
   5.  REFUSAL  ON THE PART OF ANY APPLICANT, OR PROSPECTIVE LICENSEE, OR
 OF ANY MEMBER, OFFICER OR STOCKHOLDER REQUIRED  BY  SUBDIVISION  TWO  OF
 SECTION FIVE HUNDRED THIRTY-FOUR-G OF THIS ARTICLE TO SIGN OR BE IDENTI-
 FIED  IN AN APPLICATION FOR A  STEVEDORE LICENSE, TO ANSWER ANY MATERIAL
 QUESTION OR  PRODUCE  ANY  MATERIAL  EVIDENCE  IN  CONNECTION  WITH  THE
 PERSON'S APPLICATION OR ANY APPLICATION  MADE ON THE PERSON'S BEHALF FOR
 A LICENSE OR REGISTRATION PURSUANT TO THIS ARTICLE;
   6.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH  ASSOCIATION
 CREATES  A  REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
 ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ARTICLE WOULD BE  INIMI-
 CAL  TO    THE POLICIES OF THIS ARTICLE, PROVIDED, HOWEVER, THAT ASSOCI-
 ATION WITHOUT THE REQUISITE SHOWING OF INIMICALITY AS SET  FORTH  HEREIN
 SHALL BE INSUFFICIENT GROUNDS FOR DENIAL; OR
   7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER  CIRCUMSTANCES
 WHERE  SUCH  ASSOCIATION  CREATES  A  REASONABLE BELIEF THAT THE PARTIC-
 IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE  LICENSED  UNDER
 THIS  ARTICLE  WOULD  BE  INIMICAL  TO  THE  POLICIES  OF  THIS ARTICLE,
 PROVIDED, HOWEVER, THAT ASSOCIATION WITHOUT  THE  REQUISITE  SHOWING  OF
 INIMICALITY  AS  SET  FORTH  HEREIN  SHALL  BE  INSUFFICIENT GROUNDS FOR
 DENIAL.
   § 534-U. REVOCATION OF LICENSES AND REGISTRATIONS. IN ADDITION TO  THE
 GROUNDS ELSEWHERE SET FORTH IN THIS ARTICLE, ANY LICENSE OR REGISTRATION
 ISSUED  OR  MADE  PURSUANT  THERETO MAY BE REVOKED OR SUSPENDED FOR SUCH
 PERIOD AS THE COMMISSION DEEMS IN THE PUBLIC INTEREST OR THE LICENSEE OR
 REGISTRANT MAY BE REPRIMANDED, FOR:
   1. CONVICTION OF ANY CRIME OR OFFENSE IN RELATION TO GAMBLING  IF  THE
 CRIME  OR  OFFENSE  WAS  COMMITTED  AT  OR ON A PIER OR OTHER WATERFRONT
 TERMINAL OR WITHIN FIVE HUNDRED FEET THEREOF;
   2. WILLFUL COMMISSION OF, OR WILLFUL ATTEMPT TO  COMMIT  AT  OR  ON  A
 WATERFRONT  TERMINAL  OR ADJACENT HIGHWAY, ANY ACT OF PHYSICAL INJURY TO
 ANY OTHER PERSON OR OF WILLFUL DAMAGE  TO  OR  MISAPPROPRIATION  OF  ANY
 OTHER PERSON'S PROPERTY, UNLESS JUSTIFIED OR EXCUSED BY LAW;
   3.  RECEIPT OR SOLICITATION OF ANYTHING OF VALUE FROM ANY PERSON OTHER
 THAN A LICENSEE'S OR REGISTRANT'S  EMPLOYER  AS  CONSIDERATION  FOR  THE
 SELECTION OR RETENTION FOR EMPLOYMENT OF SUCH LICENSEE OR REGISTRANT;
 S. 8308--C                         42                         A. 8808--C
 
   4.  COERCION  OF A LICENSEE OR REGISTRANT TO MAKE PURCHASES FROM OR TO
 UTILIZE THE SERVICES OF ANY PERSON;
   5.  REFUSAL  TO  ANSWER  ANY MATERIAL QUESTION OR PRODUCE ANY EVIDENCE
 LAWFULLY REQUIRED TO BE  ANSWERED  OR  PRODUCED  AT  ANY  INVESTIGATION,
 INTERVIEW  OR  OTHER  PROCEEDING CONDUCTED BY THE COMMISSION PURSUANT TO
 THE PROVISIONS OF THIS ACT, OR, IF SUCH  REFUSAL  IS  ACCOMPANIED  BY  A
 VALID  PLEA  OF PRIVILEGE AGAINST SELF-INCRIMINATION, REFUSAL TO OBEY AN
 ORDER TO ANSWER SUCH QUESTION OR  PRODUCE  SUCH  EVIDENCE  MADE  BY  THE
 COMMISSION PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF SECTION FIVE
 HUNDRED THIRTY-FOUR-V OF THIS ARTICLE;
   6.  ASSOCIATION  WITH  A  PERSON WHO HAS BEEN IDENTIFIED BY A FEDERAL,
 STATE, OR LOCAL LAW ENFORCEMENT AGENCY AS A MEMBER OR  ASSOCIATE  OF  AN
 ORGANIZED  CRIME  GROUP, A TERRORIST GROUP, OR A CAREER OFFENDER CARTEL,
 OR WHO IS A CAREER OFFENDER, UNDER CIRCUMSTANCES WHERE SUCH  ASSOCIATION
 CREATES  A  REASONABLE BELIEF THAT THE PARTICIPATION OF THE APPLICANT IN
 ANY ACTIVITY REQUIRED TO BE LICENSED UNDER THIS ACT WOULD BE INIMICAL TO
 THE POLICIES OF THIS ARTICLE, PROVIDED HOWEVER THAT ASSOCIATION  WITHOUT
 THE REQUISITE SHOWING OF INIMICALITY AS SET FORTH HEREIN SHALL BE INSUF-
 FICIENT GROUNDS FOR REVOCATION; OR
   7. CONVICTION OF A RACKETEERING ACTIVITY OR KNOWING ASSOCIATION WITH A
 PERSON  WHO  HAS BEEN CONVICTED OF A RACKETEERING ACTIVITY BY A COURT OF
 THE UNITED STATES OR ANY STATE OR TERRITORY THEREOF UNDER  CIRCUMSTANCES
 WHERE  SUCH  ASSOCIATION  CREATES  A  REASONABLE BELIEF THAT THE PARTIC-
 IPATION OF THE APPLICANT IN ANY ACTIVITY REQUIRED TO BE  LICENSED  UNDER
 THIS  ACT  WOULD  BE INIMICAL TO THE POLICIES OF THIS ARTICLE, PROVIDED,
 HOWEVER, THAT ASSOCIATION WITHOUT THE REQUISITE SHOWING  OF  INIMICALITY
 AS SET FORTH HEREIN SHALL BE INSUFFICIENT GROUNDS FOR REVOCATION.
   § 534-V. REFUSAL  TO ANSWER QUESTION, IMMUNITY; PROSECUTION. 1. IN ANY
 INVESTIGATION, INTERVIEW OR OTHER PROCEEDING CONDUCTED UNDER OATH BY THE
 COMMISSION OR ANY DULY AUTHORIZED OFFICER, EMPLOYEE OR AGENT THEREOF, IF
 A PERSON REFUSES TO ANSWER A QUESTION OR PRODUCE EVIDENCE OF  ANY  OTHER
 KIND  ON  THE  GROUND  THAT THE PERSON MAY BE INCRIMINATED THEREBY, AND,
 NOTWITHSTANDING SUCH REFUSAL, AN ORDER IS MADE UPON  TWENTY-FOUR  HOURS'
 PRIOR  WRITTEN  NOTICE TO THE ATTORNEY GENERAL OF THE STATE OF NEW YORK,
 AND TO THE APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING  AN  OFFI-
 CIAL  INTEREST  THEREIN,  BY  THE  COMMISSIONER OR BY THE COMMISSIONER'S
 DESIGNEES APPOINTED PURSUANT TO THE PROVISIONS OF SUBDIVISION  THREE  OF
 SECTION  FIVE  HUNDRED  THIRTY-FOUR-C  OF THIS ARTICLE, THAT SUCH PERSON
 ANSWER THE QUESTION OR PRODUCE THE EVIDENCE, SUCH  PERSON  SHALL  COMPLY
 WITH THE ORDER.  IF SUCH PERSON COMPLIES WITH THE ORDER, AND IF, BUT FOR
 THIS  SUBDIVISION,  WOULD  HAVE  BEEN  PRIVILEGED TO WITHHOLD THE ANSWER
 GIVEN OR THE EVIDENCE PRODUCED BY THE PERSON,  THEN  IMMUNITY  SHALL  BE
 CONFERRED  UPON THE PERSON, AS PROVIDED FOR IN THIS SECTION.  "IMMUNITY"
 AS USED IN THIS SUBDIVISION MEANS THAT SUCH PERSON SHALL NOT  BE  PROSE-
 CUTED OR SUBJECTED TO ANY PENALTY OR FORFEITURE FOR OR ON ACCOUNT OF ANY
 TRANSACTION,  MATTER  OR  THING CONCERNING WHICH, IN ACCORDANCE WITH THE
 ORDER BY THE COMMISSION OR THE COMMISSIONER'S DESIGNEES APPOINTED PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIVE HUNDRED THIR-
 TY-FOUR-C OF THIS ARTICLE, SUCH PERSON GAVE ANSWER OR PRODUCED EVIDENCE,
 AND THAT NO SUCH ANSWER GIVEN OR EVIDENCE  PRODUCED  SHALL  BE  RECEIVED
 AGAINST  THE  PERSON  UPON ANY CRIMINAL PROCEEDING.   BUT THE PERSON MAY
 NEVERTHELESS BE PROSECUTED OR SUBJECTED TO PENALTY OR FORFEITURE FOR ANY
 PERJURY OR CONTEMPT COMMITTED IN ANSWERING, OR FAILING TO ANSWER, OR  IN
 PRODUCING  OR FAILING TO PRODUCE EVIDENCE, IN ACCORDANCE WITH THE ORDER,
 AND ANY SUCH ANSWER GIVEN  OR  EVIDENCE  PRODUCED  SHALL  BE  ADMISSIBLE
 AGAINST  THE PERSON UPON ANY CRIMINAL PROCEEDING CONCERNING SUCH PERJURY
 S. 8308--C                         43                         A. 8808--C
 
 OR CONTEMPT.  IMMUNITY SHALL NOT BE CONFERRED UPON ANY PERSON EXCEPT  IN
 ACCORDANCE  WITH  THE PROVISIONS OF THIS SUBDIVISION.  IF, AFTER COMPLI-
 ANCE WITH THE PROVISIONS OF THIS SUBDIVISION, A  PERSON  IS  ORDERED  TO
 ANSWER  A  QUESTION  OR  PRODUCE EVIDENCE OF ANY OTHER KIND AND COMPLIES
 WITH SUCH ORDER, AND IT  IS  THEREAFTER  DETERMINED  THAT  THE  ATTORNEY
 GENERAL  OR  APPROPRIATE DISTRICT ATTORNEY OR PROSECUTOR HAVING AN OFFI-
 CIAL INTEREST THEREIN NOT NOTIFIED, SUCH FAILURE OR  NEGLECT  SHALL  NOT
 DEPRIVE  SUCH  PERSON  OF ANY IMMUNITY OTHERWISE PROPERLY CONFERRED UPON
 THE PERSON.
   2. IF A PERSON, IN OBEDIENCE TO A SUBPOENA  DIRECTING  THE  PERSON  TO
 ATTEND AND TESTIFY, COMES INTO THIS STATE FROM ANOTHER STATE, THE PERSON
 SHALL  NOT, WHILE IN THIS STATE PURSUANT TO SUCH SUBPOENA, BE SUBJECT TO
 ARREST OR THE SERVICE OF PROCESS, CIVIL OR CRIMINAL, IN CONNECTION  WITH
 MATTERS  WHICH  AROSE BEFORE THE PERSON'S ENTRANCE INTO THIS STATE UNDER
 THE SUBPOENA.
   § 534-W. ANNUAL PREPARATION OF A BUDGET REQUEST  AND  ASSESSMENTS.  1.
 THE  COMMISSION  SHALL  ANNUALLY SUBMIT A BUDGET REQUEST, WHICH SHALL BE
 SUBMITTED TO THE DIRECTOR OF THE BUDGET IN SUCH FORM AS THE DIRECTOR MAY
 REQUIRE.
   2. AFTER TAKING INTO ACCOUNT SUCH  FUNDS  AS  MAY  BE  AVAILABLE,  THE
 BALANCE  OF  THE  COMMISSION'S  BUDGETED EXPENSES SHALL BE ASSESSED UPON
 EMPLOYERS OF PERSONS REGISTERED OR LICENSED UNDER THIS ACT.   EACH  SUCH
 EMPLOYER  SHALL  PAY  AN  ASSESSMENT  COMPUTED  UPON  THE  GROSS PAYROLL
 PAYMENTS MADE BY SUCH EMPLOYER TO LONGSHORE  WORKERS,  PIER  SUPERINTEN-
 DENTS,  HIRING  AGENTS AND SECURITY OFFICERS FOR WORK OR LABOR PERFORMED
 WITHIN THE PORT OF NEW YORK DISTRICT IN THIS STATE, AT A  RATE,  NOT  IN
 EXCESS  OF  TWO  PER  CENT,  COMPUTED BY THE COMMISSION IN THE FOLLOWING
 MANNER:  THE  COMMISSION  SHALL  ANNUALLY  ESTIMATE  THE  GROSS  PAYROLL
 PAYMENTS TO BE MADE BY EMPLOYERS SUBJECT TO ASSESSMENT AND SHALL COMPUTE
 A  RATE  THEREON  WHICH  WILL  YIELD  REVENUES SUFFICIENT TO FINANCE THE
 COMMISSION'S BUDGET FOR EACH YEAR.   SUCH BUDGET  TO  BE  ASSESSED  UPON
 EMPLOYERS  MAY  INCLUDE A REASONABLE AMOUNT NOT TO EXCEED TEN PERCENT OF
 THE TOTAL OF ALL OTHER ITEMS OF  EXPENDITURE  CONTAINED  THEREIN,  WHICH
 SHALL  BE  ALLOCATED  TO  AN  APPLICABLE  FUND BALANCE TO BE HELD IN THE
 COMMISSION'S EMPLOYERS ASSESSMENT ACCOUNT.
   3. THE COMMISSION MAY PROVIDE BY REGULATION  FOR  THE  COLLECTION  AND
 AUDITING  OF ASSESSMENTS.  SUCH ASSESSMENTS SHALL BE PAYABLE PURSUANT TO
 SUCH PROVISIONS FOR ADMINISTRATION, COLLECTION AND   ENFORCEMENT AS  THE
 STATE  MAY  PROVIDE  BY LEGISLATION.   IN ADDITION TO ANY OTHER SANCTION
 PROVIDED BY LAW, THE COMMISSION MAY REVOKE OR SUSPEND ANY  LICENSE  HELD
 BY ANY PERSON UNDER THIS ARTICLE, OR THE PERSON'S PRIVILEGE OF EMPLOYING
 PERSONS REGISTERED OR LICENSED HEREUNDER, FOR NON-PAYMENT OF ANY ASSESS-
 MENT WHEN DUE.
   4.  THE  ASSESSMENT  PURSUANT  TO THIS SECTION SHALL BE IN LIEU OF ANY
 OTHER CHARGE FOR THE ISSUANCE OF LICENSES  TO  STEVEDORES,  PIER  SUPER-
 INTENDENTS,  HIRING AGENTS AND SECURITY OFFICERS OR FOR THE REGISTRATION
 OF LONGSHORE WORKERS OR THE USE OF  AN  EMPLOYMENT  INFORMATION  CENTER.
 THE  COMMISSION  SHALL ESTABLISH REASONABLE PROCEDURES FOR THE CONSIDER-
 ATION OF PROTESTS BY AFFECTED EMPLOYERS  CONCERNING  THE  ESTIMATES  AND
 COMPUTATION OF THE RATE OF ASSESSMENT.
   § 534-X. PAYMENT  OF  ASSESSMENT.  1.  EVERY  PERSON  SUBJECT  TO  THE
 PAYMENT OF ANY ASSESSMENT UNDER THE PROVISIONS OF SECTION  FIVE  HUNDRED
 THIRTY-FOUR-W  OF THIS ARTICLE SHALL FILE ON OR BEFORE THE FIFTEENTH DAY
 OF THE FIRST MONTH OF EACH  CALENDAR  QUARTER-YEAR  A  SEPARATE  RETURN,
 TOGETHER  WITH  THE  PAYMENT  OF  THE  ASSESSMENT DUE, FOR THE PRECEDING
 CALENDAR QUARTER-YEAR DURING WHICH ANY PAYROLL  PAYMENTS  WERE  MADE  TO
 S. 8308--C                         44                         A. 8808--C
 
 LONGSHORE WORKERS, PIER SUPERINTENDENTS, HIRING AGENTS OR SECURITY OFFI-
 CERS  FOR WORK PERFORMED AS SUCH WITHIN THE PORT OF NEW YORK DISTRICT IN
 THIS STATE.  RETURNS COVERING THE AMOUNT OF ASSESSMENT PAYABLE SHALL  BE
 FILED  WITH THE COMMISSION ON FORMS TO BE FURNISHED FOR SUCH PURPOSE AND
 SHALL CONTAIN SUCH DATA, INFORMATION OR MATTER  AS  THE  COMMISSION  MAY
 REQUIRE  TO  BE INCLUDED THEREIN.  THE COMMISSION MAY GRANT A REASONABLE
 EXTENSION OF TIME FOR FILING RETURNS, OR FOR THE PAYMENT OF  ASSESSMENT,
 WHENEVER  GOOD  CAUSE EXISTS.  EVERY RETURN SHALL HAVE ANNEXED THERETO A
 CERTIFICATION TO THE EFFECT THAT THE STATEMENTS  CONTAINED  THEREIN  ARE
 TRUE.
   2.  EVERY  PERSON SUBJECT TO THE PAYMENT OF ASSESSMENT HEREUNDER SHALL
 KEEP AN ACCURATE RECORD OF THAT PERSON'S EMPLOYMENT OF  LONGSHORE  WORK-
 ERS,  PIER  SUPERINTENDENTS,  HIRING  AGENTS OR SECURITY OFFICERS, WHICH
 SHALL SHOW THE AMOUNT OF COMPENSATION PAID AND SUCH OTHER INFORMATION AS
 THE COMMISSION MAY REQUIRE.  SUCH RECORDS SHALL BE PRESERVED FOR A PERI-
 OD OF THREE YEARS AND BE OPEN FOR INSPECTION AT REASONABLE TIMES.    THE
 COMMISSION  MAY  CONSENT  TO  THE DESTRUCTION OF ANY SUCH RECORDS AT ANY
 TIME AFTER SAID PERIOD OR MAY REQUIRE THAT THEY BE KEPT LONGER, BUT  NOT
 IN EXCESS OF SIX YEARS.
   3.  (A) THE COMMISSION SHALL AUDIT AND DETERMINE THE AMOUNT OF ASSESS-
 MENT DUE FROM THE RETURN FILED AND SUCH OTHER INFORMATION AS  IS  AVAIL-
 ABLE  TO  IT.  WHENEVER  A  DEFICIENCY  IN  PAYMENT OF THE ASSESSMENT IS
 DETERMINED THE COMMISSION SHALL GIVE NOTICE OF ANY SUCH DETERMINATION TO
 THE PERSON LIABLE THEREFOR. SUCH DETERMINATION SHALL FINALLY AND CONCLU-
 SIVELY FIX THE AMOUNT DUE, UNLESS THE PERSON AGAINST WHOM IT IS ASSESSED
 SHALL, WITHIN THIRTY DAYS AFTER THE GIVING OF NOTICE  OF  SUCH  DETERMI-
 NATION,  APPLY IN WRITING TO THE COMMISSION FOR A HEARING, OR UNLESS THE
 COMMISSION ON ITS OWN MOTION SHALL REDUCE THE SAME.  AFTER SUCH HEARING,
 THE COMMISSION SHALL GIVE NOTICE OF ITS DECISION TO  THE  PERSON  LIABLE
 THEREFOR.  A DETERMINATION OF THE COMMISSION UNDER THIS SECTION SHALL BE
 SUBJECT TO JUDICIAL REVIEW, IF APPLICATION FOR SUCH REVIEW IS MADE WITH-
 IN THIRTY DAYS AFTER THE GIVING OF NOTICE OF SUCH DECISION.   ANY DETER-
 MINATION UNDER THIS SECTION SHALL BE MADE WITHIN  FIVE  YEARS  FROM  THE
 TIME  THE RETURN WAS FILED AND IF NO RETURN WAS FILED SUCH DETERMINATION
 MAY BE MADE AT ANY TIME.
   (B) ANY NOTICE AUTHORIZED OR REQUIRED UNDER THIS SECTION MAY BE  GIVEN
 BY  MAILING  THE  SAME TO THE PERSON FOR WHOM IT IS INTENDED AT THE LAST
 ADDRESS GIVEN BY THAT PERSON TO THE COMMISSION, OR IN  THE  LAST  RETURN
 FILED  BY  THAT PERSON WITH THE COMMISSION UNDER THIS SECTION, OR, IF NO
 RETURN HAS BEEN FILED THEN TO SUCH ADDRESS AS MAY BE OBTAINABLE.     THE
 MAILING  OF  SUCH NOTICE SHALL BE PRESUMPTIVE EVIDENCE OF THE RECEIPT OF
 SAME BY THE PERSON TO WHOM ADDRESSED.   ANY PERIOD  OF  TIME,  WHICH  IS
 DETERMINED  ACCORDING  TO THE PROVISIONS OF THIS SECTION, FOR THE GIVING
 OF NOTICE SHALL COMMENCE TO RUN FROM THE DATE OF MAILING OF SUCH NOTICE.
   4. WHENEVER ANY PERSON SHALL FAIL TO  PAY,  WITHIN  THE  TIME  LIMITED
 HEREIN,  ANY  ASSESSMENT  WHICH  THE  PERSON  IS  REQUIRED TO PAY TO THE
 COMMISSION UNDER THE PROVISIONS  OF  THIS  SECTION  THE  COMMISSION  MAY
 ENFORCE  PAYMENT  OF  SUCH  FEE  BY  CIVIL ACTION FOR THE AMOUNT OF SUCH
 ASSESSMENT WITH INTEREST AND PENALTIES.
   5. THE EMPLOYMENT BY  A  NONRESIDENT  OF  A  LONGSHORE  WORKER,  OR  A
 LICENSED  PIER  SUPERINTENDENT, HIRING AGENT OR SECURITY OFFICER IN THIS
 STATE OR THE DESIGNATION BY A NONRESIDENT OF A  LONGSHORE  WORKER,  PIER
 SUPERINTENDENT, HIRING AGENT OR SECURITY OFFICER TO PERFORM WORK IN THIS
 STATE  SHALL  BE DEEMED EQUIVALENT TO AN APPOINTMENT BY SUCH NONRESIDENT
 OF THE SECRETARY OF STATE TO BE THE NONRESIDENT'S TRUE AND LAWFUL ATTOR-
 NEY UPON WHOM MAY BE SERVED THE PROCESS  IN  ANY  ACTION  OR  PROCEEDING
 S. 8308--C                         45                         A. 8808--C

 AGAINST  THE  NONRESIDENT GROWING  OUT OF ANY LIABILITY FOR ASSESSMENTS,
 PENALTIES OR INTEREST, AND A  CONSENT THAT ANY SUCH PROCESS AGAINST  THE
 NONRESIDENT  WHICH  IS  SO  SERVED  SHALL BE OF THE SAME LEGAL FORCE AND
 VALIDITY  AS IF SERVED PERSONALLY WITHIN THE STATE AND WITHIN THE TERRI-
 TORIAL JURISDICTION OF THE COURT FROM WHICH THE PROCESS ISSUES.  SERVICE
 OF PROCESS WITHIN THIS STATE SHALL  BE MADE BY EITHER:
   (A) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY  OF  STATE
 DUPLICATE  COPIES  THEREOF  AT THE OFFICE OF THE DEPARTMENT OF STATE, IN
 WHICH EVENT THE SECRETARY OF STATE SHALL FORTHWITH  SEND  BY  REGISTERED
 MAIL ONE OF SUCH COPIES TO THE PERSON AT  THE LAST ADDRESS DESIGNATED BY
 THE  PERSON  TO THE COMMISSION FOR ANY PURPOSE  UNDER THIS SECTION OR IN
 THE LAST RETURN FILED BY THE PERSON UNDER THIS SECTION  WITH THE COMMIS-
 SION OR AS SHOWN ON THE RECORDS OF THE COMMISSION, OR IF NO  RETURN  HAS
 BEEN  FILED, AT THE PERSON'S LAST KNOWN OFFICE ADDRESS WITHIN OR OUTSIDE
 OF THE STATE; OR
   (B) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE A
 COPY THEREOF AT THE OFFICE OF THE DEPARTMENT OF STATE AND BY  DELIVERING
 A COPY THEREOF TO THE PERSON, PERSONALLY OUTSIDE OF THE STATE.  PROOF OF
 SUCH  PERSONAL  SERVICE  OUTSIDE  OF THE STATE   SHALL BE FILED WITH THE
 CLERK OF THE COURT IN WHICH THE PROCESS IS PENDING  WITHIN  THIRTY  DAYS
 AFTER  SUCH  SERVICE  AND  SUCH SERVICE SHALL BE COMPLETE TEN DAYS AFTER
 PROOF THEREOF IS FILED.
   6. WHENEVER THE COMMISSION SHALL DETERMINE THAT ANY MONEYS RECEIVED AS
 ASSESSMENTS WERE PAID IN ERROR, IT MAY CAUSE THE SAME  TO  BE  REFUNDED,
 PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE COMMISSION WITHIN TWO
 YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
   7.  IN  ADDITION TO ANY OTHER POWERS AUTHORIZED HEREUNDER, THE COMMIS-
 SION SHALL HAVE POWER TO PROMULGATE REASONABLE RULES AND REGULATIONS  TO
 EFFECTUATE THE PURPOSES OF THIS SECTION.
   8. ANY PERSON WHO SHALL WILLFULLY FAIL TO PAY ANY ASSESSMENT DUE HERE-
 UNDER,  SHALL BE ASSESSED INTEREST AT A RATE OF ONE PERCENT PER MONTH ON
 THE AMOUNT DUE AND UNPAID AND PENALTIES OF FIVE PERCENT OF THE    AMOUNT
 DUE  FOR  EACH  THIRTY  DAYS OR PART THEREOF THAT THE ASSESSMENT REMAINS
 UNPAID.  THE COMMISSION, MAY, FOR GOOD CAUSE SHOWN, ABATE ALL OR PART OF
 SUCH PENALTY.
   9. ANY PERSON WHO SHALL WILLFULLY FURNISH FALSE OR FRAUDULENT INFORMA-
 TION OR SHALL  WILLFULLY  FAIL  TO  FURNISH  PERTINENT  INFORMATION,  AS
 REQUIRED,  WITH RESPECT TO THE AMOUNT OF ASSESSMENT DUE, SHALL BE GUILTY
 OF A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS,  OR  IMPRISONMENT  FOR  NOT  MORE THAN THREE HUNDRED SIXTY-FOUR
 DAYS, OR BOTH.
   10. ALL FUNDS OF THE COMMISSION RECEIVED AS PAYMENT OF ANY  ASSESSMENT
 OR  PENALTY UNDER THIS SECTION SHALL BE DEPOSITED  WITH THE COMPTROLLER.
 THE COMPTROLLER MAY REQUIRE THAT ALL SUCH DEPOSITS BE  SECURED BY  OBLI-
 GATIONS  OF  THE  UNITED STATES OR OF THE STATE OF NEW YORK  OF A MARKET
 VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF THE DEPOSITS,  AND  ALL  BANKS
 AND  TRUST  COMPANIES  ARE  AUTHORIZED  TO GIVE SUCH   SECURITY FOR SUCH
 DEPOSITS.
   11. THE COMMISSION SHALL REIMBURSE THE STATE FOR ANY FUNDS ADVANCED TO
 THE COMMISSION EXCLUSIVE OF SUMS APPROPRIATED PURSUANT TO  SECTION  FIVE
 HUNDRED THIRTY-FOUR-W OF THIS ARTICLE.
   § 534-Y. TRANSFER  OF  OFFICERS, EMPLOYEES. 1. ANY OFFICER OR EMPLOYEE
 IN  THE  STATE,  COUNTY  OR MUNICIPAL CIVIL SERVICE IN EITHER STATE  WHO
 SHALL  TRANSFER TO  SERVICE WITH THE COMMISSION MAY BE GIVEN ONE OR MORE
 LEAVES  OF  ABSENCE  WITHOUT  PAY  AND   MAY, BEFORE THE  EXPIRATION  OF
 SUCH  LEAVE  OR  LEAVES OF   ABSENCE, AND WITHOUT FURTHER EXAMINATION OR
 S. 8308--C                         46                         A. 8808--C
 
 QUALIFICATION, RETURN TO THE PERSON'S  FORMER POSITION OR  BE  CERTIFIED
 BY THE APPROPRIATE CIVIL SERVICE  AGENCY  FOR  RETRANSFER  TO  A  COMPA-
 RABLE  POSITION   IN  SUCH STATE, COUNTY, OR  MUNICIPAL CIVIL SERVICE IF
 SUCH A POSITION IS THEN AVAILABLE.
   2. THE COMMISSION MAY, BY AGREEMENT WITH ANY FEDERAL AGENCY FROM WHICH
 ANY  OFFICER  OR EMPLOYEE   MAY TRANSFER TO SERVICE WITH THE COMMISSION,
 MAKE SIMILAR PROVISION FOR THE RETRANSFER OF SUCH OFFICER OR EMPLOYEE TO
 SUCH FEDERAL AGENCY.
   3. ANY OFFICER OR EMPLOYEE IN THE STATE, COUNTY OR  MUNICIPAL  SERVICE
 IN  NEW YORK STATE WHO SHALL TRANSFER TO SERVICE WITH THE COMMISSION AND
 WHO IS A  MEMBER  OF THE NEW YORK STATE  AND  LOCAL  RETIREMENT  SYSTEM,
 SHALL  CONTINUE  TO  HAVE ALL RIGHTS, PRIVILEGES, OBLIGATIONS AND STATUS
 WITH RESPECT TO SUCH SYSTEM AS PROVIDED UNDER THE RETIREMENT AND  SOCIAL
 SECURITY LAW.
   §  534-Z.  ANNUAL  REPORT.  1.  THE  COMMISSION SHALL SUBMIT AN ANNUAL
 REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND  THE  TEMPORARY
 PRESIDENT  OF THE SENATE ON OR BEFORE THE FIRST DAY OF SEPTEMBER OF EACH
 YEAR DETAILING THE PREVIOUS FISCAL YEAR. THE COMMISSION SHALL POST  SUCH
 REPORT  ON  ITS WEBSITE UPON THE SUBMISSION TO THE OFFICIALS OUTLINED IN
 THIS SECTION.
   2. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) THE STATUS OF WATERFRONT PRACTICES AND OPERATIONS COVERED BY  THIS
 ACT;
   (B)  ANY LEGISLATIVE RECOMMENDATIONS IN FURTHERANCE OF THE PURPOSES OF
 THIS ACT;
   (C) A DETAILED FISCAL SUMMARY, INCLUDING BUT NOT LIMITED TO:  (I)  THE
 FINANCIAL  CONDITION  OF  THE  COMMISSION  AT  THE END OF SUCH PRECEDING
 FISCAL YEAR; (II) A DETAILED LIST OF  ANY  BONDS  ENTERED  INTO  BY  THE
 COMMISSION;  AND  (III)  REVENUES  RECEIVED BY THE COMMISSION, INCLUDING
 EMPLOYER ASSESSMENTS PURSUANT TO SECTION FIVE HUNDRED  THIRTY-FOUR-D  OF
 THIS ARTICLE;
   (D)  AN  OVERVIEW OF WATERFRONT LABOR IN THE PORT OF NEW YORK DISTRICT
 IN THIS STATE, INCLUDING BUT NOT LIMITED TO: (I)  THE  TOTAL  NUMBER  OF
 PIER  SUPERINTENDENTS,  HIRING AGENTS, SECURITY OFFICERS, AND STEVEDORES
 BY TITLE; (II) THE NUMBER OF PIER SUPERINTENDENT, HIRING AGENT, SECURITY
 OFFICER, AND STEVEDORE APPLICATIONS RECEIVED BY TITLE; (III) THE  NUMBER
 OF  PIER  SUPERINTENDENT,  HIRING  AGENT, SECURITY OFFICER AND STEVEDORE
 LICENSES ISSUED BY TITLE; (IV) THE NUMBER OF PIER SUPERINTENDENT, HIRING
 AGENT, SECURITY OFFICER, AND STEVEDORE APPLICATIONS DENIED,  RESPECTIVE-
 LY, AND THE REASONS FOR SUCH DENIAL BY TITLE; (V) THE NUMBER OF LICENSES
 REVOKED  AND  THE REASONS FOR SUCH REVOCATION BY TITLE; (VI) THE AVERAGE
 LENGTH OF TIME FOR THE COMMISSION  TO  ISSUE  A  DETERMINATION  ON  PIER
 SUPERINTENDENT,  HIRING  AGENT,  SECURITY OFFICER AND STEVEDORE APPLICA-
 TIONS BY TITLE; (VII) THE TOTAL NUMBER OF LONGSHORE WORKERS IN THE LONG-
 SHORE WORKERS' REGISTER; (VIII) THE NUMBER OF LONGSHORE WORKER  APPLICA-
 TIONS  RECEIVED;  (IX)  THE  NUMBER  OF  LONGSHORE  WORKER REGISTRATIONS
 ISSUED; (X) THE NUMBER OF LONGSHORE WORKER APPLICATIONS DENIED  AND  THE
 REASONS  FOR  SUCH  DENIAL; (XI) THE NUMBER OF LONGSHORE WORKERS REMOVED
 FROM THE REGISTER AND REASONS THEREFOR; AND (XII) THE AVERAGE LENGTH  OF
 TIME  FOR  THE  COMMISSION  TO ISSUE A DETERMINATION ON LONGSHORE WORKER
 APPLICATIONS;
   (E) A DETAILED SUMMARY OF COMMISSION  OPERATIONS  INCLUDING,  BUT  NOT
 LIMITED  TO:  (I)  THE NUMBER AND ALLOCATED PERCENTAGE OF SWORN INVESTI-
 GATORS EMPLOYED  BY  THE  COMMISSION;  (II)  THE  NUMBER  AND  ALLOCATED
 PERCENTAGE  OF  ADMINISTRATIVE STAFF WHO SOLELY PERFORMED ADMINISTRATIVE
 WORK DURING THE PRECEDING FISCAL YEAR; (III) THE  NUMBER  AND  ALLOCATED
 S. 8308--C                         47                         A. 8808--C
 
 PERCENTAGE OF STAFF WHICH PERFORMED WORK RELATED TO THE HIRING AND BACK-
 GROUNDING  OF  THE  PORT  WORKFORCE; (IV) THE NUMBER OF CASES OR ACTIONS
 CONDUCTED BY THE COMMISSION DURING THE PRECEDING FISCAL YEAR; AND (V)  A
 SUMMARY OF THE COMMISSION'S ACCOMPLISHMENTS; AND
   (F) ANY OTHER INFORMATION RELATING TO THE PURPOSES OF THIS ACT.
   3.  NOTHING IN THIS SECTION SHALL BE READ TO REQUIRE THE DISCLOSURE OF
 PERSONALLY IDENTIFIABLE INFORMATION PERTAINING TO ANY APPLICANT NOR  THE
 DISCLOSURE OF ANY INFORMATION REGARDING ONGOING CRIMINAL INVESTIGATIONS.
   §  3.  Paragraphs (h) and (k) of subdivision 34 of section 1.20 of the
 criminal procedure law, as amended by chapter 187 of the laws  of  2023,
 are amended to read as follows:
   (h)  An investigator employed by THE NEW YORK WATERFRONT COMMISSION OR
 a commission created by an interstate compact[, or  by  section  six  of
 chapter  eight hundred eighty-two of the laws of nineteen hundred fifty-
 three, constituting the waterfront commission act, as amended,] who  is,
 to a substantial extent, engaged in the enforcement of the criminal laws
 of this state;
   (k)  A sworn officer of THE NEW YORK WATERFRONT COMMISSION OR a police
 force of a public authority created by an  interstate  compact[,  or  by
 section  six of chapter eight hundred eighty-two of the laws of nineteen
 hundred fifty-three, constituting  the  waterfront  commission  act,  as
 amended,] where such force is certified in accordance with paragraph (d)
 of subdivision one of section eight hundred forty-six-h of the executive
 law;
   §  4. Subdivision 34 of section 2.10 of the criminal procedure law, as
 added by chapter 843 of the laws of 1980, is amended to read as follows:
   34. NEW YORK  Waterfront  [and  airport]  investigators,  pursuant  to
 [subdivision  four  of  section ninety-nine hundred six of the unconsol-
 idated laws] ARTICLE NINETEEN-I OF THE EXECUTIVE LAW; provided, however,
 that nothing in this subdivision shall be deemed to authorize such offi-
 cer to carry, possess, repair or dispose of a firearm unless the  appro-
 priate  license  therefor  has been issued pursuant to section 400.00 of
 the penal law.
   § 5. Paragraph k of subdivision 11 of section 302  of  the  retirement
 and social security law, as added by chapter 187 of the laws of 2023, is
 amended to read as follows:
   k.  Service as an investigator or sworn officer of the NEW YORK WATER-
 FRONT COMMISSION OR THE waterfront commission of New York harbor [or the
 commission created by section six of chapter eight hundred eighty-two of
 the laws of nineteen hundred fifty-three,  constituting  the  waterfront
 commission act, as amended].
   § 6. Subdivision a and subparagraph (ii) of paragraph 1 of subdivision
 c of section 381-b of the retirement and social security law, as amended
 by chapter 187 of the laws of 2023, are amended to read as follows:
   a. Membership. Every member or officer of the division of state police
 in the executive department who enters or re-enters service in the divi-
 sion  on  or  after  April first, nineteen hundred sixty-nine, and every
 investigator or sworn officer employed  by  the  commission  created  by
 section  six of chapter eight hundred eighty-two of the laws of nineteen
 hundred fifty-three, constituting  the  waterfront  commission  act,  as
 amended,  on  or  after July first, two thousand twenty-three, AND EVERY
 INVESTIGATOR OR SWORN  OFFICER  EMPLOYED  BY  THE  NEW  YORK  WATERFRONT
 COMMISSION   IN  THE  EXECUTIVE  DEPARTMENT  shall  be  covered  by  the
 provisions of this section, and every member or officer of the  division
 of state police in the executive department in such service on such date
 may  elect  to be covered by the provisions of this section by filing an
 S. 8308--C                         48                         A. 8808--C
 
 election therefor with the comptroller on or before March  thirty-first,
 nineteen  hundred  seventy-two.  To  be effective, such election must be
 duly executed and acknowledged on a form prepared by the comptroller for
 that purpose.
   (ii)  for  service rendered as an investigator or sworn officer of the
 waterfront commission of New York harbor, [and] FOR SERVICE RENDERED  AS
 AN  INVESTIGATOR OR SWORN OFFICER OF THE NEW YORK WATERFRONT COMMISSION,
 for service  rendered  as  an  investigator-trainee  of  the  waterfront
 commission of New York harbor, AND FOR SERVICE RENDERED AS AN INVESTIGA-
 TOR-TRAINEE  OF  THE NEW YORK WATERFRONT COMMISSION, that was creditable
 under subdivision w of section three hundred eighty-four-d of this arti-
 cle; and
   § 7. Subdivision w of section 384-d of the retirement and social secu-
 rity law, as added by chapter 407 of the laws of  2000,  is  amended  to
 read as follows:
   w.  Notwithstanding  any  other  provision of law to the contrary, any
 member of the New York state and local police and fire retirement system
 who was a member of the New York state and local  employees'  retirement
 system  while employed as an investigator-trainee, Waterfront Commission
 of New York Harbor OR THE NEW YORK WATERFRONT COMMISSION, which [is] ARE
 not deemed to be police service, who [is] ARE employed by the  NEW  YORK
 Waterfront  Commission [of New York Harbor], which is an employer elect-
 ing to participate in the optional twenty year retirement plan  pursuant
 to this section shall be deemed to have provided police service while so
 employed by the Waterfront Commission of New York Harbor OR THE NEW YORK
 WATERFRONT  COMMISSION  and  shall receive creditable service in the New
 York state and local police and fire retirement system for prior credit-
 able service in the New  York  state  and  local  employees'  retirement
 system  earned  while employed as an investigator-trainee and shall have
 the period of such prior service credit counted as  police  service  for
 the  purpose  of  determining the amount of their pension and retirement
 allowance and period of service needed for retirement.
   § 8. Paragraph (c) of subdivision 1 of section 5 of the  tax  law,  as
 added by chapter 295 of the laws of 1987, is amended to read as follows:
   (c)  "State  agency" shall mean the state of New York, any department,
 board, bureau, commission, division, office, council or agency  thereof,
 a public authority or a public benefit corporation. "STATE AGENCY" SHALL
 ALSO INCLUDE THE NEW YORK WATERFRONT COMMISSION.
   §  8-a. Paragraph (c) of subdivision 1 of section 5 of the tax law, as
 amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
 follows:
   (c)  "Covered  agency" shall mean the state of New York, any county of
 the state of New York, any department, board, bureau, commission,  divi-
 sion,  office,  council  or  agency  of  the state or any such county, a
 public authority, a public benefit corporation, the  port  authority  of
 New York and New Jersey or the waterfront commission of New York harbor.
 When  a  county is wholly included within a city, then the term "county"
 shall be read to include the city. "COVERED AGENCY" SHALL  ALSO  INCLUDE
 THE NEW YORK WATERFRONT COMMISSION.
   § 9. Paragraph 8 of subdivision (c) of section 1105 of the tax law, as
 added by chapter 190 of the laws of 1990, is amended to read as follows:
   (8)  Protective and detective services, including, but not limited to,
 all services provided by or through alarm or protective systems of every
 nature, including, but not  limited  to,  protection  against  burglary,
 theft,  fire, water damage or any malfunction of industrial processes or
 any other malfunction of or damage to property  or  injury  to  persons,
 S. 8308--C                         49                         A. 8808--C
 
 detective  agencies,  armored car services and guard, patrol and [watch-
 man] SECURITY services of every nature other  than  the  performance  of
 such  services by a [port watchman] SECURITY OFFICER licensed by the NEW
 YORK  WATERFRONT  COMMISSION  OR  THE  waterfront commission of New York
 harbor, whether or not tangible  personal  property  is  transferred  in
 conjunction therewith.
   §  10. This act shall take effect June 30, 2024; provided that section
 eight-a of this act shall take effect upon the enactment into law by the
 state of New Jersey of legislation having an identical effect with  this
 act in accordance with chapter 598 of the laws of 1988, but if the state
 of  New  Jersey  shall  have  already enacted such legislation, this act
 shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would create the New York Waterfront Commission  and  revise
 the  Retirement and Social Security Law to make permanent the changes of
 Chapter 187 Laws of 2023, which added the  titles  of  investigator  and
 sworn  officer  employed  by the Waterfront Commission Act, to the defi-
 nition of membership in Section  381-b  including  making  such  service
 creditable  under  RSSL §381-b, and further expand creditable service to
 include service as an investigator-trainee.
   If this bill is enacted during the 2024 Legislative Session, we do not
 anticipate any additional cost to the State of New York or  the  partic-
 ipating  employers  in  the  New  York  State  and Local Police and Fire
 Retirement System.
   To the extent that new members gain coverage under  Section  381-b  of
 the  RSSL, we anticipate a contribution of 26.4% of salary paid to newly
 eligible members for the fiscal year ending March 31,  2025.  In  future
 years,  this  cost  will vary but is expected to average 20.6% of salary
 annually.
   The exact number of current members as  well  as  future  members  who
 could be affected by this legislation cannot be readily determined.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated January 13,  2024,  and  intended  for  use  only
 during  the  2024  Legislative  Session,  is  Fiscal  Note No. 2024-082,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
 
                                  PART M
 S. 8308--C                         50                         A. 8808--C
 
   Section  1.  Section  2  of part DDD of chapter 55 of the laws of 2021
 amending  the   public   authorities law relating to  the  clean  energy
 resources  development  and  incentives  program,  is amended to read as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed [three years after such date] APRIL 19,  2030;  provided
 however,  that  the amendments to section 1902 of the public authorities
 law made by section one of this act shall not affect the repeal of  such
 section and shall be deemed repealed therewith.
   §  2.  The  opening  paragraph  of  paragraph (a) and paragraph (b) of
 subdivision 1 of section 1902 of the public authorities law, as added by
 section 6 of part JJJ of chapter 58 of the laws of 2020, are amended  to
 read as follows:
   Locate,  identify  and assess sites within the state that appear suit-
 able for the development of build-ready sites with a priority  given  to
 DORMANT  ELECTRIC  GENERATING SITES, AND PREFERENCE TO previously devel-
 oped sites[.], PROVIDED THAT LAND USED  IN  AGRICULTURAL  PRODUCTION  AS
 DEFINED  BY THE  DEPARTMENT  OF AGRICULTURE AND MARKETS, WITH ADDITIONAL
 CONSIDERATION  FOR  LAND  WITHIN  AN  AGRICULTURAL DISTRICT OR LAND THAT
 CONTAINS  MINERAL SOIL  GROUPS  1-4, SHALL NOT BE  DEEMED  SUITABLE  FOR
 THE  DEVELOPMENT OF A BUILD-READY SITE EXCEPT WHEN NECESSARY FOR GENERA-
 TOR LEAD  LINES  AND  OTHER  EQUIPMENT  NEEDED  FOR  INTERCONNECTION  OF
 PROJECTS  TO  THE  ELECTRIC SYSTEM. Such assessment may include but need
 not be limited to the following considerations:
   (b) (I) In making such assessment the authority shall give priority to
 previously developed sites,  existing  or  abandoned  commercial  sites,
 including  without  limitation brownfields, landfills, former commercial
 or industrial sites, dormant electric  generating  sites,  or  otherwise
 underutilized sites; AND
   (II) THE AUTHORITY MAY ESTABLISH A RENEWABLE ENERGY GENERATION PROJECT
 IN  FURTHERANCE  OF  AN AGRIVOLATIC PROJECT, WHERE "AGRIVOLTAIC PROJECT"
 SHALL MEAN THE SIMULTANEOUS USE OF AREAS OF LAND FOR  BOTH  SOLAR  POWER
 GENERATION  AND  AGRICULTURE,  SPECIFIC TO THE PRACTICE OF SUCH DUAL-USE
 SOLAR ENERGY PROJECT, WHERE ANY OF THE PREVIOUSLY DEVELOPED SITES LISTED
 IN SUBPARAGRAPH (I) OF THIS PARAGRAPH IS RECLAIMED AS FARMLAND.
   § 3. Section 1900 of the public authorities law, as added by section 6
 of part JJJ of chapter 58 of the laws of 2020, is  amended  to  read  as
 follows:
   §  1900.  Statement  of  legislative  intent.  It is the intent of the
 legislature in enacting this title to empower the New York state  energy
 research  and  development authority to establish effective programs and
 other mechanisms to: (1) foster and encourage the orderly and  expedient
 siting  and  development  of  renewable  energy facilities AND QUALIFIED
 ENERGY STORAGE SYSTEMS, particularly at sites  which  are  difficult  to
 develop,  consistent with applicable law for the purpose of enabling the
 state to meet CLCPA targets as defined in subdivision  [two  of  section
 ninety-four-c  of  the executive law] ONE OF SECTION ONE HUNDRED THIRTY-
 SEVEN OF ARTICLE EIGHT OF THE PUBLIC SERVICE LAW;  (2)  incentivize  the
 re-use of previously developed sites for renewable energy facilities AND
 QUALIFIED  ENERGY  STORAGE SYSTEMS to protect the value of taxable land,
 capitalize on existing infrastructure;  (3)  support  the  provision  of
 benefits to communities that host renewable energy facilities AND QUALI-
 FIED ENERGY STORAGE SYSTEMS; and (4) protect environmental justice areas
 from adverse environmental impacts.
 S. 8308--C                         51                         A. 8808--C
 
   §  4.  Subdivisions  5 and 8 of section 1901 of the public authorities
 law, as added by section 6 of part JJJ of chapter  58  of  the  laws  of
 2020, are amended and a new subdivision 9 is added to read as follows:
   5.  "Host  community" shall mean any municipality within which a major
 renewable energy facility OR QUALIFIED ENERGY  STORAGE  SYSTEM,  or  any
 portion thereof, has been proposed for development.
   8.  "Build-ready  site"  shall mean a site for which the authority has
 secured permits, property interests, agreements  and/or  other  authori-
 zations   necessary   to   offer  such  site  for  further  development,
 construction and operation of a renewable energy facility, WITH OR WITH-
 OUT A PAIRED QUALIFIED ENERGY STORAGE SYSTEM, OR A STAND-ALONE QUALIFIED
 ENERGY STORAGE SYSTEM, in accordance with the other provisions  of  this
 title.
   9.  "QUALIFIED  ENERGY  STORAGE SYSTEM" SHALL HAVE THE SAME MEANING AS
 QUALIFIED ENERGY STORAGE SYSTEM DEFINED IN SECTION SEVENTY-FOUR  OF  THE
 PUBLIC SERVICE LAW.
   §  5.  Subdivisions  3 and 6 of section 1902 of the public authorities
 law, as added by section 6 of part JJJ of chapter  58  of  the  laws  of
 2020, are amended to read as follows:
   3. Establish procedures and protocols for the purpose of establishment
 and transfer of build-ready sites which shall include, at a minimum: (a)
 written  notice  at  the  earliest practicable time to a municipality in
 which a potential build-ready site has been identified, PROVIDED  HOWEV-
 ER,  THAT  THE  AUTHORITY  SHALL  NOT DEEM ANY SITE FOR QUALIFIED ENERGY
 STORAGE SYSTEMS SUITABLE WITHOUT  FIRST  CONSULTING  ANY  MUNICIPALITIES
 WITH  JURISDICTION  OVER  THE  POTENTIAL  BUILD-READY SITE AND OBTAINING
 THEIR APPROVAL; and (b) a preliminary screening process to determine, in
 consultation with the department of environmental conservation,  whether
 the  potential  build-ready  site is located in or near an environmental
 justice area and whether an environmental justice area would be adverse-
 ly affected by development of a build-ready site;
   6. Establish one or more programs pursuant to  which  property  owners
 and  communities would receive incentives to host major renewable energy
 facilities OR QUALIFIED ENERGY STORAGE SYSTEMS developed for the purpose
 of advancing the state policies embodied in this article.  Such  program
 may  include without limitation, and notwithstanding any other provision
 of law to the contrary, provisions for the authority  to  negotiate  and
 enter  into agreements with property owners and host communities provid-
 ing for incentives, including a payment in lieu of taxes,  the  transfer
 of  the  authority's  interests in such agreements to developers to whom
 build-ready sites are transferred, and the provision of information  and
 guidance  to  stakeholders  concerning  incentives.  The authority shall
 maintain a record of such programs and  incentives,  and  shall  publish
 such record on the authority's website;
   §  6.  This act shall take effect immediately; provided, however, that
 the amendments to sections 1900, 1901 and 1902 of the public authorities
 law made by sections two, three, four and five of  this  act  shall  not
 affect  the  expiration and repeal of such sections and shall expire and
 be deemed repealed therewith;  provided,  however,  if  this  act  shall
 become a law after such date, it shall take effect immediately and shall
 be  deemed  to  have been in full force and effect on and after April 1,
 2024.
 
                                  PART N
 S. 8308--C                         52                         A. 8808--C
 
   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, 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 $28,725,000
 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
 2022.    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, 2024  and
 such  amounts  shall  be  paid to the New York state energy research and
 development authority on or before September 10, 2024.    Upon  receipt,
 the  New  York  state  energy  research  and development authority shall
 deposit such funds in the energy research and development operating fund
 established 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
 environmental  conservation  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 ascribable to  moneys  received  as  a  result  of  this
 assessment  by the chair of the department of public service pursuant to
 section 18-a of the public service law.    This  itemized  record  shall
 include  an  itemized  breakdown  of  the  programs being funded by this
 section and the amount committed to each program.  The  authority  shall
 not  commit  for any expenditure, any moneys derived from the assessment
 provided for in this section, until the chair of  such  authority  shall
 have  submitted,  and  the director of the budget shall have approved, a
 comprehensive financial plan encompassing 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 secretaries of the legislative fiscal committees. Any
 such amount not committed by such authority to contracts or contracts to
 be awarded or otherwise 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  corporations,  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, 2024.
 
                                  PART O
 S. 8308--C                         53                         A. 8808--C
 
   Section 1. Short title, legislative findings and declaration. This act
 shall be known and may be cited as the "renewable action through project
 interconnection and deployment (RAPID) act".    The  legislature  hereby
 finds and declares that:
   1. To timely achieve the renewable energy and greenhouse gas reduction
 targets  established  pursuant  to  the climate leadership and community
 protection act ("CLCPA"), while contemporaneously maintaining the  reli-
 ability of the state's electric transmission system, action is needed to
 consolidate  and  expedite  the  environmental  review and permitting of
 major renewable energy facilities  and  major  electric  utility  trans-
 mission facilities.
   2.  Since  enactment  of  the  CLCPA,  it has become apparent that the
 State's bulk and local transmission facilities need to be  significantly
 upgraded  to  deliver  renewable  energy  to  load.    These significant
 upgrades in the bulk and local transmission system must be undertaken in
 an expedited timeframe consistent with  the  timeframe  to  achieve  the
 CLCPA targets.
   3.  In  the  context  of  achieving the CLCPA targets, a public policy
 purpose would be served and the interests of the people of the state  of
 New York would be advanced by transferring the Office of Renewable Ener-
 gy  Siting  ("ORES"),  currently under the auspices of the Department of
 State, to the Department of Public Service ("DPS")  and  providing  such
 office with additional responsibilities for the review and permitting of
 major electric transmission facilities as set forth in this act.
   4.  The legislature finds that such a transfer would combine the long-
 standing expertise of DPS related to transmission siting,  planning  and
 compliance  with  environmental  and  reliability  standards with ORES's
 expertise related to the siting of renewable energy resources and, in so
 doing, create synergies, and otherwise provide for more efficient siting
 of major renewable energy and transmission facilities.
   § 2. Section 94-c of the executive law is REPEALED.
   § 3. Transfer of Office of Renewable Energy Siting.  ORES,  an  office
 established  in  the  Department  of  State by the Accelerated Renewable
 Energy Growth and Community Benefit Act, enacted under part JJJ of chap-
 ter 58 of the laws of 2020, is hereby  transferred  to  and  established
 within  the  DPS,  and  shall  continue  to have all existing functions,
 powers, duties and obligations of ORES together with the new  additional
 functions, powers, duties and obligations set forth in this act.
   §  4.    Continuity  of  existing  functions, powers, duties and obli-
 gations.  All of the existing functions, powers, obligations, and duties
 granted to ORES by section 94-c of the executive law now  repealed,  are
 hereby  transferred,  and  shall be deemed to and held to constitute the
 continuation of such functions, powers, duties and obligations of  ORES,
 and not a different agency, authority, department or office.  All appli-
 cations  pending  before ORES on the effective date of this act shall be
 considered and treated as applications filed pursuant to this act as  of
 the date of filing of such applications.
   §  5.  Transfer of employees.  1. Upon the transfer of such functions,
 powers, duties and obligations pursuant to this act, provision shall  be
 made  for  the  transfer  of  all  employees of ORES situated within the
 department of state into DPS pursuant to subdivision 2 of section 70  of
 the  civil  service law.   Employees so transferred shall be transferred
 without further examination or qualification  to  the  same  or  similar
 titles,  shall  remain in the same collective bargaining units and shall
 retain their respective civil service classifications, status and rights
 S. 8308--C                         54                         A. 8808--C
 
 pursuant to their collective bargaining units and collective  bargaining
 agreements.
   2.  All  employees  hired  after the effective date of this act shall,
 consistent with the provisions of article 14 of the civil  service  law,
 be classified in the same bargaining units. Employees other than manage-
 ment  or  confidential  persons  as  defined  in article 14 of the civil
 service law serving positions in newly created titles shall be  assigned
 to  the  appropriate  bargaining unit. Nothing contained herein shall be
 construed to affect:
   (a) the rights of employees pursuant to a collective bargaining agree-
 ment; or
   (b) the representational relationships among employee organizations or
 the bargaining relationships between the state and an employee organiza-
 tion.
   § 6. Transfer of records. All records, including but not  limited  to,
 books,  papers,  and property of ORES shall be transferred and delivered
 to DPS.
   § 7. Transfer and continuation  of  regulations;  conforming  changes.
 Notwithstanding  any  inconsistent provision of the state administrative
 procedure act: all rules and regulations of ORES  adopted  at  19  NYCRR
 part  900  in  force  at  the  time of the transfer of ORES to DPS shall
 continue in full force and  effect  as  rules  and  regulations  of  the
 department until duly modified or abrogated by such department; 19 NYCRR
 part 900 shall be and hereby is transferred to 16 NYCRR Chapter XI, with
 such conforming changes as shall be required to reflect the transfer and
 relocation of ORES to DPS as provided in this act, and shall continue in
 full  force  and effect. Provided, however, that such conforming changes
 are limited to such substitutions of  numbering,  names,  titles,  cita-
 tions,  and  other non-substantive amendments that are necessary only to
 effectuate the transfer and relocation of ORES to DPS, the  changes  may
 be  filed  with  the  secretary of state without the need for additional
 proceedings under the state  administrative  procedure  act  or  section
 101-a  of the executive law, and shall continue in full force and effect
 and be excluded from review for all purposes under  the  state  environ-
 mental  quality review act, and shall not be subject to review or other-
 wise actionable under article 78 of the civil practice law and rules.
   § 8. Promulgation of rules and regulations. ORES, in consultation with
 DPS, shall be  authorized  to  promulgate  regulations  subject  to  the
 approval of regulations by the public service commission on an emergency
 basis to ensure the implementation of this act.
   §  9. The public service law is amended by adding a new section 3-c to
 read as follows:
   § 3-C.  OFFICE OF RENEWABLE ENERGY SITING AND  ELECTRIC  TRANSMISSION.
 1.  DEFINITIONS.   FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
 TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
   (B) "ORES" AND "OFFICE" SHALL MEAN  THE  OFFICE  OF  RENEWABLE  ENERGY
 SITING AND ELECTRIC TRANSMISSION ESTABLISHED PURSUANT TO THIS SECTION.
   (C)  "SITING  PERMIT"  SHALL  MEAN THE MAJOR RENEWABLE ENERGY FACILITY
 SITING PERMIT OR MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT  ISSUED  BY
 THE EXECUTIVE DIRECTOR PURSUANT TO ARTICLE VIII OF THIS CHAPTER, AND THE
 RULES  AND  REGULATIONS  PROMULGATED BY ORES AND APPROVED BY THE COMMIS-
 SION.
 S. 8308--C                         55                         A. 8808--C

   2. GENERAL POWERS AND RESPONSIBILITIES.   (A) THERE IS  HEREBY  ESTAB-
 LISHED  IN THE DEPARTMENT AN OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
 TRIC TRANSMISSION.
   (B)  ORES  SHALL  ACCEPT  APPLICATIONS AND EVALUATE, ISSUE, AMEND, AND
 APPROVE THE ASSIGNMENT AND/OR TRANSFER OF  SITING  PERMITS  PURSUANT  TO
 ARTICLE  VIII  OF THIS CHAPTER. ORES SHALL EXERCISE ITS AUTHORITY BY AND
 THROUGH THE EXECUTIVE DIRECTOR.
   (C) ORES, BY AND THROUGH THE EXECUTIVE DIRECTOR, SHALL  BE  AUTHORIZED
 TO  CONDUCT  HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE PERMITS,
 AND ADOPT, SUBJECT TO THE APPROVAL OF  THE  PUBLIC  SERVICE  COMMISSION,
 SUCH  RULES,  REGULATIONS  AND  PROCEDURES  AS  MAY BE NECESSARY, OR ANY
 AMENDMENTS OR MODIFICATIONS THERETO, CONVENIENT, OR DESIRABLE TO  EFFEC-
 TUATE THE PURPOSES OF THIS SECTION AND ARTICLE VIII OF THIS CHAPTER.
   (D) ORES SHALL, AMONG OTHER THINGS, CONTINUE UNIMPEDED THE WORK OF THE
 OFFICE  OF  RENEWABLE ENERGY SITING ESTABLISHED UNDER THE FORMER SECTION
 NINETY-FOUR-C OF THE EXECUTIVE LAW.  ALL PERMITS ISSUED  BY  THE  FORMER
 OFFICE  OF  RENEWABLE  ENERGY  SITING,  ESTABLISHED  PURSUANT  TO FORMER
 SECTION NINETY-FOUR-C OF THE EXECUTIVE  LAW,  AND  ALL  CERTIFICATES  OF
 ENVIRONMENTAL  COMPATIBILITY  AND  PUBLIC  NEED ISSUED BY THE COMMISSION
 PURSUANT TO ARTICLE VII OF THIS CHAPTER  SHALL  BE  CONSIDERED  FOR  ALL
 LEGAL PURPOSES TO BE PERMITS ISSUED BY ORES.
   (E)  ALL  FINAL  SITING PERMITS ISSUED BY ORES OR HERETOFORE ISSUED BY
 THE OFFICE OF RENEWABLE ENERGY SITING ESTABLISHED PURSUANT TO THE FORMER
 SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW  ARE  HEREBY  ENFORCEABLE  BY
 ORES  AND  THE DEPARTMENT PURSUANT TO SECTION TWENTY-FOUR, SECTION TWEN-
 TY-FIVE, AND SECTION TWENTY-SIX OF THIS ARTICLE  AS  IF  ISSUED  BY  THE
 COMMISSION, EXCEPT THAT SUCH PERMITS ISSUED TO COMBINATION GAS AND ELEC-
 TRIC CORPORATIONS ARE ALSO ENFORCEABLE BY ORES AND THE DEPARTMENT PURSU-
 ANT  TO  SECTION  TWENTY-FIVE-A OF THIS ARTICLE. ORES AND THE DEPARTMENT
 SHALL MONITOR, ENFORCE, AND ADMINISTER COMPLIANCE  WITH  ANY  TERMS  AND
 CONDITIONS  SET FORTH IN A SITING PERMIT ISSUED PURSUANT TO ARTICLE VIII
 OF THIS CHAPTER AND IN DOING SO MAY USE AND RELY ON  AUTHORITY  PROVIDED
 TO  THE COMMISSION OTHERWISE AVAILABLE UNDER THIS CHAPTER. NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE HOLDER OF A  CERTIF-
 ICATE  OR PERMIT  ISSUED UNDER ARTICLE VIII OF THIS CHAPTER, OR A PREDE-
 CESSOR STATUTE THERETO, FOR A MAJOR RENEWABLE ENERGY  FACILITY  WITH  AN
 ELECTRIC GENERATING CAPACITY BETWEEN TWENTY-FIVE AND EIGHTY MEGAWATTS OR
 THAT  OTHERWISE  OPTS  INTO  ARTICLE  VIII OF THIS CHAPTER IS SUBJECT TO
 ENFORCEMENT BY ORES OR THE DEPARTMENT PURSUANT TO SECTIONS  TWENTY-FOUR,
 TWENTY-FIVE AND TWENTY-SIX OF THIS ARTICLE.
   (F)  AT  THE REQUEST OF ORES, ALL OTHER STATE AGENCIES AND AUTHORITIES
 ARE HEREBY AUTHORIZED TO PROVIDE SUPPORT  AND  RENDER  SERVICES  TO  THE
 OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
   §  10.  Continuity  of  existing  functions, powers, duties, and obli-
 gations.  All of the existing functions, powers, duties, and obligations
 of the farmland protection working group,  and  duties  granted  to  the
 farmland  protections working group by section 94-c of the executive law
 now repealed, are hereby transferred, and shall be deemed and be held to
 constitute the   continuation of such  functions,  powers,  duties,  and
 obligations  of  the  farmland  protection  working  group  and not to a
 different agency, authority, department or office.
   § 11. Articles 8 of the public service law, as added by chapter 708 of
 the laws of 1978 and as added by chapter 385 of the laws  of  1972,  are
 REPEALED and a new article 8 is added to read as follows:
 S. 8308--C                         56                         A. 8808--C
 
                               ARTICLE VIII
           SITING OF RENEWABLE ENERGY AND ELECTRIC TRANSMISSION
 
 SECTION 136. PURPOSE.
         137. DEFINITIONS.
         138. GENERAL   PROVISIONS   RELATED  TO  ESTABLISHING  STANDARDS
                RELATED TO SITING MAJOR RENEWABLE ENERGY FACILITIES.
         139. GENERAL  PROVISIONS  RELATED  TO   ESTABLISHING   STANDARDS
                RELATED TO SITING MAJOR ELECTRIC TRANSMISSION FACILITIES.
         140. APPLICABILITY  RELATED  TO  SITING  MAJOR  RENEWABLE ENERGY
                FACILITIES.
         141. APPLICABILITY RELATED TO SITING MAJOR ELECTRIC TRANSMISSION
                FACILITIES.
         142. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR RENEWABLE
                ENERGY FACILITY SITING.
         143. APPLICATION, NOTICE, AND REVIEW RELATING TO MAJOR  ELECTRIC
                TRANSMISSION FACILITY SITING.
         144. POWERS  OF  MUNICIPALITIES  AND STATE AGENCIES AND AUTHORI-
                TIES.
         145. FEES; LOCAL AGENCY ACCOUNT.
         146. JUDICIAL REVIEW.
         147. FARMLAND PROTECTION WORKING GROUP.
         148. REPORTS OF THE OFFICE OF RENEWABLE ENERGY SITING AND  ELEC-
                TRIC TRANSMISSION.
   § 136. PURPOSE.  IT  IS THE PURPOSE OF THIS ARTICLE TO CONSOLIDATE THE
 ENVIRONMENTAL REVIEW, PERMITTING, AND SITING  IN  THIS  STATE  OF  MAJOR
 RENEWABLE  ENERGY  FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES
 SUBJECT TO THIS ARTICLE, AND TO PROVIDE ORES AS A SINGLE FORUM  FOR  THE
 COORDINATED  AND  TIMELY  REVIEW  OF  SUCH  PROJECTS TO MEET THE STATE'S
 RENEWABLE ENERGY GOALS AND ENSURE THE RELIABILITY OF THE ELECTRIC TRANS-
 MISSION SYSTEM, WHILE ALSO ENSURING THE PROTECTION  OF  THE  ENVIRONMENT
 AND  CONSIDERATION  OF  ALL PERTINENT SOCIAL, ECONOMIC AND ENVIRONMENTAL
 FACTORS IN THE DECISION TO PERMIT SUCH  PROJECTS  AS  MORE  SPECIFICALLY
 PROVIDED IN THIS ARTICLE.
   § 137. DEFINITIONS.  WHERE  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED  IN  THE
 CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO  THOUSAND  NINETEEN,  INCLUDING  BUT  NOT
 LIMITED  TO  THE  REQUIREMENT  THAT  A MINIMUM OF SEVENTY PERCENT OF THE
 STATEWIDE ELECTRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY
 TWO THOUSAND THIRTY, THAT BY THE YEAR TWO THOUSAND FORTY  THE  STATEWIDE
 ELECTRICAL  DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS, AND THE PROCURE-
 MENT OF AT LEAST NINE GIGAWATTS OF OFFSHORE WIND ELECTRICITY  GENERATION
 BY  TWO THOUSAND THIRTY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENER-
 ATION BY TWO THOUSAND TWENTY-FIVE AND  TO  SUPPORT  THREE  GIGAWATTS  OF
 STATEWIDE ENERGY STORAGE CAPACITY BY TWO THOUSAND THIRTY.
   2.  "DORMANT  ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
 OR MORE ELECTRIC GENERATING  FACILITIES  PRODUCED  ELECTRICITY  BUT  HAS
 PERMANENTLY CEASED OPERATING.
   3.  "MAJOR  ELECTRIC  TRANSMISSION  FACILITY" MEANS AN ELECTRIC TRANS-
 MISSION LINE OF A DESIGN CAPACITY OF ONE HUNDRED  TWENTY-FIVE  KILOVOLTS
 OR  MORE  EXTENDING  A  DISTANCE  OF ONE MILE OR MORE, OR OF ONE HUNDRED
 KILOVOLTS OR MORE AND  LESS  THAN  ONE  HUNDRED  TWENTY-FIVE  KILOVOLTS,
 EXTENDING  A  DISTANCE OF TEN MILES OR MORE, INCLUDING ASSOCIATED EQUIP-
 MENT, BUT SHALL NOT INCLUDE ANY SUCH TRANSMISSION  LINE  LOCATED  WHOLLY
 S. 8308--C                         57                         A. 8808--C
 
 UNDERGROUND  IN  A CITY WITH A POPULATION IN EXCESS OF ONE HUNDRED TWEN-
 TY-FIVE THOUSAND OR A PRIMARY TRANSMISSION LINE APPROVED BY THE  FEDERAL
 ENERGY REGULATORY COMMISSION IN CONNECTION WITH A HYDRO-ELECTRIC FACILI-
 TY.
   4.  "MAJOR  RENEWABLE  ENERGY  FACILITY"  MEANS  ANY  RENEWABLE ENERGY
 SYSTEM, AS SUCH TERM IS  DEFINED  IN SECTION SIXTY-SIX-P OF  THIS  CHAP-
 TER, WITH A NAMEPLATE GENERATING CAPACITY  OF TWENTY-FIVE THOUSAND KILO-
 WATTS  OR  MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENERATED FROM
 SUCH A RENEWABLE ENERGY  SYSTEM  PRIOR  TO DELIVERING   IT TO  THE  BULK
 TRANSMISSION  SYSTEM, INCLUDING ALL ASSOCIATED APPURTENANCES TO ELECTRIC
 PLANTS, INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN  TEN  MILES
 IN  LENGTH  IN  ORDER  TO  PROVIDE ACCESS TO LOAD AND  TO INTEGRATE SUCH
 FACILITIES INTO THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
   5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE,  OR  INTEREST  IN
 REAL  PROPERTY  SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
 FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE MUNICIPALITY.
   6. "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT,  COMMISSION
 OR  GOVERNING  BODY,  INCLUDING  ANY  CITY,  COUNTY, AND OTHER POLITICAL
 SUBDIVISION OF THE STATE.
   7. "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE  ACCOUNT  ESTAB-
 LISHED  IN  SUBDIVISION  SEVEN OF SECTION NINETY-FOUR-C OF THE EXECUTIVE
 LAW NOW REPEALED AND CONTINUED IN SECTION ONE HUNDRED FORTY-FIVE OF THIS
 ARTICLE.
   8. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
   9. "RIGHT-OF-WAY" SHALL MEAN:
   (A) REAL PROPERTY THAT IS USED OR AUTHORIZED TO BE USED  FOR  ELECTRIC
 UTILITY PURPOSES; OR
   (B)  REAL PROPERTY OWNED OR CONTROLLED BY OR UNDER THE JURISDICTION OF
 THE STATE, A DISTRIBUTION UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING
 BY MEANS OF OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED  TO
 BE USED FOR TRANSPORTATION OR CANAL PURPOSES.
   10.  "ORES" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING AND ELEC-
 TRIC TRANSMISSION ESTABLISHED PURSUANT TO SECTION THREE-C OF THIS  CHAP-
 TER.
   11. "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE EXECUTIVE DIREC-
 TOR OF THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION.
   12.  "MAJOR  RENEWABLE  ENERGY  FACILITY SITING PERMIT" SHALL MEAN THE
 SITING PERMIT ISSUED TO A MAJOR RENEWABLE ENERGY FACILITY BY THE  EXECU-
 TIVE  DIRECTOR  PURSUANT  TO THIS ARTICLE, AND THE RULES AND REGULATIONS
 PROMULGATED BY ORES AND THE DEPARTMENT AND APPROVED BY THE COMMISSION.
   13. "MAJOR ELECTRIC TRANSMISSION FACILITY SITING  PERMIT"  SHALL  MEAN
 THE  SITING  PERMIT  ISSUED TO A MAJOR ELECTRIC TRANSMISSION FACILITY BY
 THE EXECUTIVE DIRECTOR PURSUANT TO THIS ARTICLE, AND THE RULES AND REGU-
 LATIONS PROMULGATED BY ORES AND THE DEPARTMENT.
   § 138. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
 SITING MAJOR RENEWABLE ENERGY FACILITIES.  1. (A) ORES SHALL BE  AUTHOR-
 IZED TO ESTABLISH AND AMEND, SUBJECT TO THE APPROVAL OF THE  COMMISSION,
 A  SET  OF  UNIFORM  STANDARDS  AND  CONDITIONS  FOR THE SITING, DESIGN,
 CONSTRUCTION AND OPERATION OF EACH TYPE OF MAJOR RENEWABLE ENERGY FACIL-
 ITY SUBJECT TO THIS ARTICLE RELEVANT  TO  ISSUES  THAT  ARE  COMMON  FOR
 PARTICULAR  CLASSES AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES,
 IN CONSULTATION WITH OTHER OFFICES WITHIN THE DEPARTMENT, THE  NEW  YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVI-
 RONMENTAL  CONSERVATION,  THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND
 OTHER RELEVANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPER-
 TISE.
 S. 8308--C                         58                         A. 8808--C
 
   (B) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO  THIS
 SUBDIVISION  SHALL  BE  DESIGNED  TO  AVOID  OR MINIMIZE, TO THE MAXIMUM
 EXTENT PRACTICABLE,  ANY  POTENTIAL  SIGNIFICANT  ADVERSE  ENVIRONMENTAL
 IMPACTS  RELATED  TO THE SITING, DESIGN, CONSTRUCTION AND OPERATION OF A
 MAJOR  RENEWABLE  ENERGY FACILITY. SUCH UNIFORM STANDARDS AND CONDITIONS
 SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
 EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
   (C) IN ITS REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP  A  MAJOR-
 RENEWABLE  ENERGY FACILITY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE  SITE-SPECIFIC  ADVERSE
 ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
 SPECIFIC  PROPOSED  MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE TO BE
 ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS.  ORES SHALL DRAFT, IN
 CONSULTATION WITH THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  SITE-
 SPECIFIC  PERMIT  TERMS  AND  CONDITIONS  FOR  SUCH  IMPACTS,  INCLUDING
 PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO  ACCOUNT
 THE  CLCPA  TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR
 RENEWABLE ENERGY FACILITY; PROVIDED, HOWEVER, THAT  ORES  SHALL  REQUIRE
 THAT  THE  APPLICATION OF UNIFORM STANDARDS AND CONDITIONS AND SITE-SPE-
 CIFIC CONDITIONS  SHALL  ACHIEVE  A  NET  CONSERVATION  BENEFIT  TO  ANY
 IMPACTED ENDANGERED AND THREATENED SPECIES.
   2. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
 ADDRESSED  BY  UNIFORM  STANDARDS AND CONDITIONS AND SITE-SPECIFIC MAJOR
 RENEWABLE ENERGY FACILITY SITING PERMIT CONDITIONS PROPOSED BY ORES, AND
 ORES DETERMINES THAT MITIGATION OF SUCH IMPACTS MAY BE ACHIEVED BY  OFF-
 SITE  MITIGATION,  ORES MAY REQUIRE PAYMENT OF A FEE BY THE APPLICANT TO
 ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES  DETERMINES,  IN  CONSULTATION
 WITH  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THAT MITIGATION OF
 IMPACTS TO ENDANGERED OR THREATENED SPECIES THAT ACHIEVES A NET  CONSER-
 VATION  BENEFIT CAN BE ACHIEVED BY OFF-SITE MITIGATION, THE AMOUNT TO BE
 PAID FOR SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE FINAL  MAJOR
 RENEWABLE  ENERGY  FACILITY  SITING  PERMIT. ORES MAY REQUIRE PAYMENT OF
 FUNDS SUFFICIENT TO IMPLEMENT SUCH OFF-SITE MITIGATION INTO  THE  ENDAN-
 GERED  AND  THREATENED SPECIES MITIGATION BANK FUND ESTABLISHED PURSUANT
 TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   3. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL  PROMULGATE  RULES
 AND  REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
 THE SITING PERMIT PROGRAM ESTABLISHED IN  THIS  ARTICLE  AND  PROMULGATE
 MODIFICATIONS  TO  SUCH  RULES  AND  REGULATIONS  AS IT DEEMS NECESSARY;
 PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
 APPLICATIONS  ON  AFFECTED  MUNICIPALITIES  AND  POLITICAL  SUBDIVISIONS
 SIMULTANEOUSLY  WITH  SUBMISSION  OF  AN APPLICATION. ANY SUCH RULES AND
 REGULATIONS, OR  ANY  AMENDMENTS  OR  MODIFICATIONS  THERETO,  SHALL  BE
 SUBJECT  TO  THE  APPROVAL  OF THE PUBLIC SERVICE COMMISSION BEFORE THEY
 BECOME EFFECTIVE.
   4. THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT  TO  THIS
 SECTION SHALL BE DESIGNED TO AVOID, MINIMIZE, OR MITIGATE TO THE MAXIMUM
 EXTENT  PRACTICABLE,  POTENTIAL SIGNIFICANT ADVERSE IMPACTS TO LAND USED
 IN AGRICULTURAL PRODUCTION, WITH ADDITIONAL CONSIDERATION FOR LAND WITH-
 IN AN AGRICULTURAL DISTRICT OR LAND THAT CONTAINS  MINERAL  SOIL  GROUPS
 1-4.   THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY IN THE CONSID-
 ERATION OF ANY PERMITS FOR SITING, DESIGN, CONSTRUCTION, OR OPERATION OF
 A MAJOR RENEWABLE ENERGY FACILITY FOR WHICH A COMPLETED APPLICATION  HAS
 BEEN  RECEIVED  BY  THE  OFFICE  OF RENEWABLE ENERGY SITING AND ELECTRIC
 TRANSMISSIONS PRIOR TO THE ADOPTION OF  AMENDED  UNIFORM  STANDARDS  AND
 CONDITIONS CONSISTENT WITH THIS SUBDIVISION.
 S. 8308--C                         59                         A. 8808--C
 
   5.  THE  OFFICE  OF  RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION
 PURSUANT TO SECTION THREE-C OF THIS CHAPTER, IN  CONSULTATION  WITH  THE
 DEPARTMENT,  SHALL POST, MAINTAIN, AND REGULARLY UPDATE ON ITS WEBSITE A
 STATEWIDE MAP WITH THE LOCATION,  APPROXIMATE  ACREAGE,  AND  GENERATION
 CAPACITY OF EACH APPROVED AND PROPOSED FACILITY PURSUANT TO THIS ARTICLE
 OR  RENEWABLE  ELECTRIC  GENERATING  FACILITY PURSUANT TO ARTICLE TEN OF
 THIS CHAPTER FOR WHICH PERMITTED, COMPLETE, OR  INCOMPLETE  APPLICATIONS
 OR  NOTICES  OF  INTENT  HAVE BEEN RECEIVED BY SUCH OFFICE OR THE PUBLIC
 SERVICE COMMISSION. SUCH STATEWIDE MAP MAY INCLUDE ANY ADDITIONAL INFOR-
 MATION SUCH OFFICE DEEMS NECESSARY. THE INFORMATION REQUIRED PURSUANT TO
 THIS SUBDIVISION SHALL BE UPDATED UPON THE COMPLETION  OF  EACH  NEW  OR
 UPDATED APPLICATION FOR A PROPOSED FACILITY.
   § 139. GENERAL PROVISIONS RELATED TO ESTABLISHING STANDARDS RELATED TO
 SITING  MAJOR  ELECTRIC  TRANSMISSION FACILITIES.   1. (A) WITHIN TWELVE
 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, ORES SHALL, SUBJECT TO THE
 APPROVAL OF THE COMMISSION, IN CONSULTATION WITH  OTHER  OFFICES  WITHIN
 THE  DEPARTMENT,  THE  NEW  YORK  STATE  ENERGY RESEARCH AND DEVELOPMENT
 AUTHORITY, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE  DEPARTMENT
 OF  AGRICULTURE  AND  MARKETS,  AND  OTHER  AGENCIES WITH SUBJECT MATTER
 EXPERTISE, ESTABLISH A SET OF UNIFORM STANDARDS AND CONDITIONS  FOR  THE
 SITING,  DESIGN,  CONSTRUCTION,  AND  OPERATION OF MAJOR ELECTRIC TRANS-
 MISSION FACILITIES SUBJECT TO THIS ARTICLE RELEVANT TO ISSUES  THAT  ARE
 COMMON  TO  SUCH  PROJECTS.   PRIOR TO ADOPTION OF UNIFORM STANDARDS AND
 CONDITIONS, THE OFFICE OF RENEWABLE ENERGY SITING  AND  ELECTRIC  TRANS-
 MISSIONS  SHALL  HOLD  FOUR  PUBLIC HEARINGS IN DIFFERENT REGIONS OF THE
 STATE TO SOLICIT COMMENT FROM MUNICIPAL, OR POLITICAL SUBDIVISIONS,  AND
 THE PUBLIC ON PROPOSED  UNIFORM STANDARDS AND CONDITIONS TO AVOID, MINI-
 MIZE  OR  MITIGATE  POTENTIAL    ADVERSE  ENVIRONMENTAL IMPACTS FROM THE
 SITING, DESIGN, CONSTRUCTION AND  OPERATION OF A MAJOR  ELECTRIC  TRANS-
 MISSION FACILITY.
   (B)  THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 SECTION SHALL BE DESIGNED TO AVOID OR MINIMIZE, TO  THE  MAXIMUM  EXTENT
 PRACTICABLE,  ANY  POTENTIAL  SIGNIFICANT  ADVERSE ENVIRONMENTAL IMPACTS
 RELATED TO THE SITING, DESIGN, CONSTRUCTION, AND OPERATION  OF  A  MAJOR
 ELECTRIC  TRANSMISSION  FACILITY.  SUCH UNIFORM STANDARDS AND CONDITIONS
 SHALL APPLY TO THOSE ENVIRONMENTAL IMPACTS ORES DETERMINES ARE COMMON TO
 MAJOR ELECTRIC TRANSMISSION FACILITIES.
   (C) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO  THIS
 SECTION SHALL BE DESIGNED TO AVOID, MINIMIZE, OR MITIGATE TO THE MAXIMUM
 EXTENT  PRACTICABLE,  POTENTIAL SIGNIFICANT ADVERSE IMPACTS TO LAND USED
 IN AGRICULTURAL PRODUCTION, WITH ADDITIONAL CONSIDERATION FOR LAND WITH-
 IN AN AGRICULTURAL DISTRICT OR LAND THAT CONTAIN MINERAL SOIL GROUPS 1-4
 AS DEFINED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   (D) IN ITS REVIEW OF AN APPLICATION FOR A MAJOR ELECTRIC  TRANSMISSION
 FACILITY  SITING PERMIT TO DEVELOP A MAJOR ELECTRIC TRANSMISSION FACILI-
 TY, ORES, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION, SHALL IDENTIFY THOSE ADVERSE SITE-SPECIFIC ENVIRONMENTAL  IMPACTS,
 IF  ANY,  THAT  MAY  BE  CAUSED OR CONTRIBUTED TO BY A SPECIFIC PROPOSED
 MAJOR ELECTRIC TRANSMISSION FACILITY AND ARE UNABLE TO BE  ADDRESSED  BY
 THE  UNIFORM  STANDARDS AND CONDITIONS. ORES SHALL DRAFT IN CONSULTATION
 WITH THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  SITE-SPECIFIC  MAJOR
 ELECTRIC  TRANSMISSION  FACILITY  SITING PERMIT TERMS AND CONDITIONS FOR
 SUCH IMPACTS, INCLUDING PROVISIONS FOR THE AVOIDANCE OR MITIGATION THER-
 EOF, TAKING INTO ACCOUNT THE CLCPA TARGETS, THE  ENVIRONMENTAL  BENEFITS
 OF, AND PUBLIC NEED FOR THE PROPOSED MAJOR ELECTRIC TRANSMISSION FACILI-
 TY;  PROVIDED,  HOWEVER, THAT ORES SHALL REQUIRE THAT THE APPLICATION OF
 S. 8308--C                         60                         A. 8808--C
 
 UNIFORM STANDARDS AND  CONDITIONS  AND  SITE-SPECIFIC  CONDITIONS  SHALL
 ACHIEVE  A  NET  CONSERVATION  BENEFIT  TO  ANY  IMPACTED ENDANGERED AND
 THREATENED SPECIES.
   (E)  UPON  THE  ESTABLISHMENT  OF  UNIFORM  STANDARDS  AND  CONDITIONS
 REQUIRED BY THIS SECTION AND THE PROMULGATION OF REGULATIONS  SPECIFYING
 THE CONTENT OF AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY
 SITING PERMIT, AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY
 SITING PERMIT SHALL ONLY BE MADE PURSUANT TO THIS ARTICLE.
   2. TO THE EXTENT THAT ADVERSE ENVIRONMENTAL IMPACTS ARE NOT COMPLETELY
 ADDRESSED  BY  UNIFORM  STANDARDS AND CONDITIONS AND SITE-SPECIFIC MAJOR
 ELECTRIC TRANSMISSION FACILITY  SITING  PERMIT  CONDITIONS  PROPOSED  BY
 ORES,  AND  ORES  DETERMINES  THAT  MITIGATION  OF  SUCH  IMPACTS MAY BE
 ACHIEVED BY OFF-SITE MITIGATION, ORES MAY REQUIRE PAYMENT OF  A  FEE  BY
 THE  APPLICANT  TO ACHIEVE SUCH OFF-SITE MITIGATION. IF ORES DETERMINES,
 IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,  THAT
 MITIGATION  OF IMPACTS TO ENDANGERED OR THREATENED SPECIES THAT ACHIEVES
 A NET CONSERVATION BENEFIT CAN BE ACHIEVED BY OFF-SITE  MITIGATION,  THE
 AMOUNT TO BE PAID FOR SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE
 FINAL  MAJOR  ELECTRIC  TRANSMISSION  FACILITY  SITING  PERMIT. ORES MAY
 REQUIRE PAYMENT OF FUNDS SUFFICIENT TO  IMPLEMENT  SUCH  OFF-SITE  MITI-
 GATION  INTO  THE ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   3. ORES SHALL IDENTIFY AND MAKE PUBLIC THE BASIS OF  THE  PUBLIC  NEED
 FOR  A  MAJOR  ELECTRIC  TRANSMISSION  FACILITY IN A WRITTEN FINDING AND
 SHALL GRANT PERMITS TO SUCH PROJECTS THAT DEMONSTRATE A QUALIFIED PUBLIC
 NEED, SO LONG AS THE ADVERSE ENVIRONMENTAL IMPACTS OF THE  FACILITY  ARE
 IDENTIFIED AND ADDRESSED BY THE UNIFORM STANDARDS AND CONDITIONS PROMUL-
 GATED  PURSUANT  TO THIS ARTICLE AND ANY SITE-SPECIFIC PERMIT CONDITIONS
 APPLIED TO THE FACILITY.  THE WRITTEN FINDING OF A  BASIS  OF  A  PUBLIC
 NEED  FOR  A  MAJOR  ELECTRIC TRANSMISSION FACILITY SHALL, AT A MINIMUM,
 INCLUDE WHETHER THE PROPOSED PROJECT CONFORMS TO PLANS RELATING  TO  THE
 EXPANSION OR UPGRADE OF THE ELECTRIC POWER GRID AND INTERCONNECTED UTIL-
 ITY  SYSTEMS  OR  WAS  INCLUDED  OR  CONSIDERED  IN THE POWER GRID STUDY
 REQUIRED PURSUANT TO SECTION SEVEN OF PART JJJ OF CHAPTER FIFTY-EIGHT OF
 THE LAWS OF TWO THOUSAND TWENTY FOR A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE TO THE CONTRA-
 RY, ORES SHALL ONLY GRANT MAJOR ELECTRIC  TRANSMISSION  FACILITY  SITING
 PERMITS  TO SUCH PROJECTS THAT: (I) DEMONSTRATE A QUALIFIED PUBLIC NEED;
 (II) ARE IN THE PUBLIC AND RATEPAYER INTEREST; AND  (III)  IDENTIFY  AND
 ADDRESS  THE  ADVERSE  ENVIRONMENTAL IMPACTS OF THE FACILITY PURSUANT TO
 THE UNIFORM STANDARDS AND CONDITIONS PROMULGATED PURSUANT TO THIS  ARTI-
 CLE  AND  ANY  SITE-SPECIFIC MAJOR ELECTRIC TRANSMISSION FACILITY SITING
 PERMIT CONDITIONS, OR OTHERWISE MITIGATED AS PROVIDED IN THIS ARTICLE.
   4. ORES, IN CONSULTATION WITH THE DEPARTMENT, SHALL  PROMULGATE  RULES
 AND  REGULATIONS WITH RESPECT TO ALL NECESSARY REQUIREMENTS TO IMPLEMENT
 THE SITING PERMIT PROGRAM ESTABLISHED IN  THIS  ARTICLE  AND  PROMULGATE
 MODIFICATIONS  TO  SUCH  RULES  AND  REGULATIONS  AS IT DEEMS NECESSARY;
 PROVIDED THAT ORES SHALL PROMULGATE REGULATIONS REQUIRING THE SERVICE OF
 APPLICATIONS  ON  AFFECTED  MUNICIPALITIES  AND  POLITICAL  SUBDIVISIONS
 SIMULTANEOUSLY  WITH  SUBMISSION  OF AN APPLICATION.  ANY SUCH RULES AND
 REGULATIONS, OR  ANY  AMENDMENTS  OR  MODIFICATIONS  THERETO,  SHALL  BE
 SUBJECT TO THE APPROVAL OF THE  COMMISSION BEFORE THEY BECOME EFFECTIVE.
   5.  THE  OFFICE OF RENEWABLE ENERGY SITING AND  ELECTRIC  TRANSMISSION
 SHALL INCLUDE WITHIN ITS REGULATIONS A FRAMEWORK TO  ENSURE  POTENTIALLY
 AFFECTED STATE- AND FEDERALLY-RECOGNIZED INDIGENOUS NATIONS ARE INFORMED
 S. 8308--C                         61                         A. 8808--C
 
 AND  CONSULTED  WITH, AS APPROPRIATE, WHEN A FACILITY IS PROPOSED WITHIN
 THE ANCESTRAL TERRITORIES OF SUCH NATIONS.
   6.  AFTER  THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON INTENDING TO
 CONSTRUCT  A MAJOR ELECTRIC  TRANSMISSION  FACILITY  EXCLUDED  FROM THIS
 SECTION  PURSUANT  TO  PARAGRAPH (C) OF SUBDIVISION FIVE OF SECTION  ONE
 HUNDRED  FORTY-ONE  OF  THIS  ARTICLE MAY ELECT TO BECOME SUBJECT TO THE
 PROVISIONS OF THIS SECTION BY   FILING AN   APPLICATION   FOR  A  SITING
 PERMIT PURSUANT TO THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
   § 140. APPLICABILITY  RELATED TO SITING MAJOR RENEWABLE ENERGY FACILI-
 TIES.  1. NO PERSON SHALL COMMENCE THE PREPARATION OF  A  SITE  FOR,  OR
 BEGIN  THE  CONSTRUCTION  OF,  A  MAJOR RENEWABLE ENERGY FACILITY IN THE
 STATE, OR INCREASE THE CAPACITY OF AN EXISTING  MAJOR  RENEWABLE  ENERGY
 FACILITY, WITHOUT HAVING FIRST OBTAINED A MAJOR RENEWABLE ENERGY FACILI-
 TY  SITING  PERMIT PURSUANT TO THIS ARTICLE.  ANY MAJOR RENEWABLE ENERGY
 FACILITY SUBJECT TO THIS ARTICLE WITH RESPECT TO WHICH A  SITING  PERMIT
 IS  ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR OPERATED EXCEPT
 IN CONFORMITY WITH SUCH MAJOR RENEWABLE ENERGY  FACILITY  SITING  PERMIT
 AND  ANY  TERMS,  LIMITATIONS, OR CONDITIONS CONTAINED THEREIN, PROVIDED
 THAT NOTHING IN THIS SUBDIVISION SHALL EXEMPT SUCH FACILITY FROM COMPLI-
 ANCE WITH FEDERAL LAWS AND REGULATIONS.
   2. A MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT ISSUED BY ORES  MAY
 BE TRANSFERRED OR ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF THE
 OFFICE  OF  RENEWABLE  ENERGY  SITING  AND  ELECTRIC TRANSMISSIONS, TO A
 PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND  CONDITIONS
 CONTAINED IN SUCH MAJOR RENEWABLE ENERGY FACILITY SITING PERMIT.
   3.  ORES OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A MAJOR RENEWABLE
 ENERGY FACILITY SITING PERMIT UNDER THIS SECTION. AN AMENDMENT INITIATED
 BY ORES OR A PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERIAL INCREASE
 IN ANY ADVERSE ENVIRONMENTAL IMPACT OR INVOLVES A SUBSTANTIAL CHANGE  TO
 THE  TERMS  OR  CONDITIONS  OF  A MAJOR RENEWABLE ENERGY FACILITY SITING
 PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING  REQUIREMENTS  OF
 THIS SECTION.
   4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
 ARTICLE OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
 TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
 PLACE.
   5. THIS SECTION SHALL NOT APPLY:
   (A) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
 CATIONS AND IMPROVEMENTS OF A MAJOR RENEWABLE ENERGY FACILITY SUBJECT TO
 THIS ARTICLE, WHENEVER BUILT, WHICH ARE PERFORMED IN THE ORDINARY COURSE
 OF  BUSINESS  AND  WHICH DO NOT CONSTITUTE A VIOLATION OF ANY APPLICABLE
 EXISTING PERMIT; AND
   (B) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE  THE  EFFEC-
 TIVE DATE OF THIS ARTICLE, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
 LICENSE,  PERMIT,  CERTIFICATE,  CONSENT  OR  APPROVAL FROM ANY FEDERAL,
 STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY BODY.
   § 141. APPLICABILITY RELATED TO  SITING  MAJOR  ELECTRIC  TRANSMISSION
 FACILITIES.  1.  EXCEPT AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION FIVE
 OF THIS SECTION, NO PERSON SHALL COMMENCE THE PREPARATION OF A SITE FOR,
 OR BEGIN THE CONSTRUCTION OF, A MAJOR ELECTRIC TRANSMISSION FACILITY  IN
 THE STATE WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT TO THIS
 ARTICLE.  ANY MAJOR ELECTRIC TRANSMISSION FACILITY SUBJECT TO THIS ARTI-
 CLE WITH RESPECT TO WHICH A SITING PERMIT IS ISSUED SHALL NOT THEREAFTER
 BE BUILT, MAINTAINED, OR OPERATED EXCEPT IN CONFORMITY WITH SUCH  SITING
 S. 8308--C                         62                         A. 8808--C
 
 PERMIT  AND  ANY  TERMS,  LIMITATIONS,  OR CONDITIONS CONTAINED THEREIN,
 PROVIDED THAT NOTHING IN THIS SUBDIVISION  SHALL  EXEMPT  SUCH  FACILITY
 FROM COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS.
   2. A MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT ISSUED BY ORES
 MAY BE TRANSFERRED OR ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL OF
 THE  OFFICE  OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSIONS, TO A
 PERSON THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND  CONDITIONS
 CONTAINED IN SUCH SITING MAJOR ELECTRIC TRANSMISSION FACILITY PERMIT.
   3.  ORES  OR A PERMITTEE MAY INITIATE AN AMENDMENT TO A MAJOR ELECTRIC
 TRANSMISSION FACILITY SITING PERMIT UNDER  THIS  SECTION.  AN  AMENDMENT
 INITIATED BY ORES OR A PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERI-
 AL  INCREASE  IN ANY ADVERSE ENVIRONMENTAL IMPACT OR INVOLVES A SUBSTAN-
 TIAL CHANGE TO THE TERMS OR CONDITIONS OF A MAJOR ELECTRIC  TRANSMISSION
 FACILITY  SITING  PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING
 REQUIREMENTS OF THIS SECTION.
   4. ANY HEARINGS OR DISPUTE RESOLUTION PROCEEDINGS INITIATED UNDER THIS
 ARTICLE OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO THIS
 SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OF ORES OR ANY PERSON
 TO WHOM THE EXECUTIVE DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF ORES AT ANY TIME AND
 PLACE.
   5. THIS SECTION SHALL NOT APPLY:
   (A) TO ANY MAJOR ELECTRIC TRANSMISSION FACILITY OVER WHICH ANY  AGENCY
 OR  DEPARTMENT  OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR
 HAS JURISDICTION CONCURRENT WITH THAT OF THE  STATE  AND  HAS  EXERCISED
 SUCH JURISDICTION, TO THE EXCLUSION OF REGULATION OF THE FACILITY BY THE
 STATE;  PROVIDED,  HOWEVER,  THAT  NOTHING  HEREIN SHALL BE CONSTRUED TO
 EXPAND FEDERAL JURISDICTION;
   (B) TO NORMAL REPAIRS, MAINTENANCE, REPLACEMENTS, NON-MATERIAL MODIFI-
 CATIONS AND IMPROVEMENTS  OF  A  MAJOR  ELECTRIC  TRANSMISSION  FACILITY
 SUBJECT  TO  THIS  ARTICLE,  WHENEVER  BUILT, WHICH ARE PERFORMED IN THE
 ORDINARY COURSE OF BUSINESS AND WHICH DO NOT CONSTITUTE A  VIOLATION  OF
 ANY APPLICABLE EXISTING PERMIT; AND
   (C) TO A MAJOR ELECTRIC TRANSMISSION FACILITY FOR WHICH AN APPLICATION
 PURSUANT TO ARTICLE VII OF THIS CHAPTER AND ITS IMPLEMENTING REGULATIONS
 IS SUBMITTED ON OR BEFORE THE ESTABLISHMENT OF THE UNIFORM STANDARDS AND
 CONDITIONS  REQUIRED  PURSUANT TO SUBDIVISION ONE OF SECTION ONE HUNDRED
 FORTY-ONE OF THIS ARTICLE.
   6. AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY PERSON  INTENDING  TO
 CONSTRUCT  A  MAJOR  ELECTRIC  TRANSMISSION  FACILITY EXCLUDED FROM THIS
 SECTION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE  OF  THIS  SECTION
 MAY  ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING
 AN APPLICATION FOR A MAJOR ELECTRIC TRANSMISSION FACILITY SITING  PERMIT
 PURSUANT TO THE REGULATIONS OF ORES GOVERNING SUCH APPLICATIONS.
   § 142. APPLICATION,  NOTICE,  AND  REVIEW  RELATING TO MAJOR RENEWABLE
 ENERGY FACILITY SITING.   1. NOTWITHSTANDING ANY LAW  TO  THE  CONTRARY,
 ORES  SHALL,  WITHIN  SIXTY  DAYS OF ITS RECEIPT OF AN APPLICATION FOR A
 SITING PERMIT WITH RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY  SUBJECT
 TO THIS ARTICLE DETERMINE WHETHER THE APPLICATION IS COMPLETE AND NOTIFY
 THE  APPLICANT  OF ITS DETERMINATION. IF ORES DOES NOT DEEM THE APPLICA-
 TION COMPLETE, ORES SHALL SET FORTH IN WRITING DELIVERED TO  THE  APPLI-
 CANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOMPLETE.
 IF  ORES  FAILS  TO  MAKE A DETERMINATION WITHIN THE FOREGOING SIXTY-DAY
 TIME PERIOD, THE APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED,  HOWEV-
 ER, THAT THE APPLICANT MAY CONSENT TO AN EXTENSION OF THE SIXTY-DAY TIME
 PERIOD  FOR  DETERMINING  APPLICATION COMPLETENESS.   PROVIDED, FURTHER,
 S. 8308--C                         63                         A. 8808--C

 THAT NO APPLICATION MAY BE COMPLETE WITHOUT PROOF OF  CONSULTATION  WITH
 THE  MUNICIPALITY OR POLITICAL SUBDIVISION WHERE THE PROJECT IS PROPOSED
 TO BE LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN  APPLICA-
 TION  TO  ORES,  RELATED  TO  PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF
 LOCAL LAW.
   2. NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN  APPLICA-
 TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
 VANT  STATE  AGENCY  OR AUTHORITY, ORES SHALL PUBLISH FOR PUBLIC COMMENT
 DRAFT PERMIT CONDITIONS PREPARED BY THE  OFFICE,  WHICH  COMMENT  PERIOD
 SHALL  BE  FOR  A  MINIMUM  OF SIXTY DAYS FROM PUBLIC NOTICE THEREOF, OR
 NOTICE OF INTENT TO DENY WITH REASONS THEREOF. SUCH PUBLIC NOTICE  SHALL
 INCLUDE,  BUT SHALL NOT BE LIMITED TO: (I) WRITTEN NOTICE TO THE MUNICI-
 PALITIES OR POLITICAL SUBDIVISIONS IN WHICH SUCH PROJECT IS PROPOSED  TO
 BE  LOCATED;  (II)  PUBLICATION  IN  A  NEWSPAPER OR IN ELECTRONIC FORM,
 HAVING GENERAL CIRCULATION IN SUCH MUNICIPALITIES OR POLITICAL  SUBDIVI-
 SIONS; (III) POSTING THE NOTICE ON THE OFFICE OF RENEWABLE ENERGY SITING
 AND  ELECTRIC TRANSMISSIONS AND THE DEPARTMENT'S WEBSITE; AND (IV) WRIT-
 TEN NOTICE TO EACH MEMBER OF THE LEGISLATURE THROUGH WHOSE DISTRICT  THE
 FACILITY PROPOSED IN THE APPLICATION WOULD BE LOCATED.
   3.  FOR  ANY  MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
 THAT HAS RECEIVED NOTICE OF THE FILING OF AN  APPLICATION,  PURSUANT  TO
 REGULATIONS  PROMULGATED  IN  ACCORDANCE  WITH THIS ARTICLE, THE MUNICI-
 PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
 FRAMES ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO ORES  INDI-
 CATING WHETHER THE PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED
 AND  OPERATED  IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND REGULATIONS,
 IF ANY, CONCERNING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN  THE
 EVENT  THAT  A  MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF
 SUBMITS A STATEMENT TO ORES THAT THE PROPOSED PROJECT IS NOT DESIGNED TO
 BE SITED, CONSTRUCTED OR OPERATED IN  COMPLIANCE  WITH  LOCAL  LAWS  AND
 REGULATIONS  AND  ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING ON
 THE APPLICATION, ORES SHALL HOLD A NON-ADJUDICATORY PUBLIC HEARING IN OR
 NEAR ONE OR MORE OF THE AFFECTED MUNICIPALITIES  OR  POLITICAL  SUBDIVI-
 SIONS.   IN ANY SUCH ADJUDICATORY HEARING, ORES OR THE DEPARTMENT, SHALL
 DESIGNATE MEMBERS OF ITS STAFF TO REPRESENT THE PUBLIC INTEREST, INCLUD-
 ING WITH RESPECT TO THE APPLICATION OF LOCAL AND STATE LAWS.
   4. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION  PUBLISHED  BY  ORES
 PURSUANT  TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
 OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS,  OR  MEMBERS  OF
 THE  PUBLIC,  RAISE  A  SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
 REGULATIONS ADOPTED PURSUANT TO  THIS  ARTICLE,  THAT  REQUIRES  ADJUDI-
 CATION,  ORES  SHALL  PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
 HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO.
   5. FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH  IN
 THIS  SECTION,  AND  FOLLOWING  THE  CONCLUSION  OF A HEARING UNDERTAKEN
 PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ORES SHALL, IN THE CASE OF
 A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS  AND
 AN  ASSESSMENT  OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
 HEARING, THE EXECUTIVE DIRECTOR OR ANY  PERSON  TO  WHOM  THE  EXECUTIVE
 DIRECTOR  HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
 ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED  IF  ORES  MAKES  A
 FINDING  THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
 AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
 LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
 RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY,  ORES  MAY  ELECT  NOT  TO
 APPLY, IN WHOLE OR IN PART, ANY LOCAL LAW OR ORDINANCE THAT WOULD OTHER-
 S. 8308--C                         64                         A. 8808--C
 
 WISE  BE  APPLICABLE  IF  IT  MAKES  A  FINDING  THAT, AS APPLIED TO THE
 PROPOSED FACILITY, IT IS UNREASONABLY BURDENSOME IN VIEW  OF  THE  CLCPA
 TARGETS, AND THE ENVIRONMENTAL BENEFITS.
   6. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
 ORES  SHALL  MAKE  A FINAL DECISION ON A MAJOR RENEWABLE ENERGY FACILITY
 SITING PERMIT WITHIN ONE YEAR FROM THE DATE THE APPLICATION  WAS  DEEMED
 COMPLETE,  OR WITHIN SIX MONTHS FROM THE DATE THE APPLICATION WAS DEEMED
 COMPLETE IF SUCH APPLICATION RELATES TO A MAJOR RENEWABLE ENERGY FACILI-
 TY THAT IS PROPOSED TO BE SITED ON AN EXISTING OR  ABANDONED  COMMERCIAL
 USE,   INCLUDING  WITHOUT  LIMITATION,  BROWNFIELDS,  LANDFILLS,  FORMER
 COMMERCIAL OR INDUSTRIAL SITES, DORMANT ELECTRIC GENERATING  SITES,  AND
 ABANDONED  OR  OTHERWISE  UNDERUTILIZED SITES, AS FURTHER DEFINED BY THE
 REGULATIONS PROMULGATED BY OR IN EFFECT UNDER THIS ARTICLE. UNLESS  ORES
 AND  THE  APPLICANT  HAVE  AGREED  TO AN EXTENSION AND IF A FINAL SITING
 PERMIT DECISION HAS NOT BEEN MADE BY ORES WITHIN SUCH TIME PERIOD,  THEN
 SUCH  SITING  PERMIT  SHALL BE DEEMED TO HAVE BEEN AUTOMATICALLY GRANTED
 FOR ALL PURPOSES SET FORTH IN THIS ARTICLE AND ALL UNIFORM CONDITIONS OR
 SITE SPECIFIC PERMIT CONDITIONS ISSUED FOR PUBLIC COMMENT SHALL  CONSTI-
 TUTE ENFORCEABLE PROVISIONS OF THE SITING PERMIT; PROVIDED, HOWEVER, ANY
 PORTION  OF  WHICH IS TO BE LOCATED ON THE LAND OF A LANDOWNER FOR WHICH
 THE APPLICANT LACKS AN EXISTING  RIGHT-OF-WAY  AGREEMENT  OR  VALID  AND
 ENFORCEABLE LEASE OR EASEMENT FOR USE OF SUCH RELEVANT PROPERTY, NO SUCH
 PERMIT  SHALL  BE AUTOMATICALLY GRANTED. THE FINAL SITING PERMIT RELATED
 TO A MAJOR RENEWABLE ENERGY FACILITY SHALL INCLUDE A PROVISION REQUIRING
 THE PERMITTEE TO PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE  A  HOST
 COMMUNITY  BENEFIT  AS  DETERMINED BY THE COMMISSION PURSUANT TO SECTION
 EIGHT OF PART JJJ OF CHAPTER FIFTY-EIGHT OF THE  LAWS  OF  TWO  THOUSAND
 TWENTY  OR  SUCH  OTHER PROJECT AS DETERMINED BY ORES OR AS SUBSEQUENTLY
 AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
   § 143. APPLICATION, NOTICE, AND  REVIEW  RELATING  TO  MAJOR  ELECTRIC
 TRANSMISSION FACILITY SITING.  1. NOTWITHSTANDING ANY LAW TO THE CONTRA-
 RY,  ORES  SHALL, WITHIN ONE HUNDRED TWENTY DAYS AFTER ITS RECEIPT OF AN
 APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC  TRANS-
 MISSION  FACILITY,  DETERMINE  WHETHER  THE  APPLICATION IS COMPLETE AND
 NOTIFY THE APPLICANT OF ITS DETERMINATION. IF ORES  DOES  NOT  DEEM  THE
 APPLICATION  COMPLETE,  IT  SHALL  SET FORTH IN WRITING DELIVERED TO THE
 APPLICANT THE REASONS WHY IT HAS DETERMINED THE APPLICATION TO BE INCOM-
 PLETE. IF ORES FAILS TO MAKE A DETERMINATION WITHIN  THE  FOREGOING  ONE
 HUNDRED  TWENTY  DAY  TIME  PERIOD,  THE  APPLICATION  SHALL  BE  DEEMED
 COMPLETE; PROVIDED, HOWEVER, THAT THE APPLICANT MAY CONSENT TO AN EXTEN-
 SION OF THE ONE HUNDRED TWENTY DAY TIME PERIOD FOR DETERMINING  APPLICA-
 TION  COMPLETENESS.    PROVIDED,  FURTHER,  THAT  NO  APPLICATION MAY BE
 COMPLETE WITHOUT PROOF OF CONSULTATION WITH THE  MUNICIPALITY  OR  POLI-
 TICAL  SUBDIVISION  WHERE  THE  PROJECT IS PROPOSED TO BE LOCATED, OR AN
 AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICATION TO  ORES,  RELATED
 TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF LOCAL LAW.
   2.  IN  ADDITION  TO  ADDRESSING UNIFORM STANDARDS AND CONDITIONS, THE
 APPLICATION FOR A SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC  TRANS-
 MISSION  FACILITY SHALL INCLUDE, IN SUCH FORM AS ORES MAY PRESCRIBE, THE
 FOLLOWING INFORMATION: (I) THE LOCATION OF  THE  SITE  OR  RIGHT-OF-WAY;
 (II)  A  DESCRIPTION  OF  THE TRANSMISSION FACILITY TO BE BUILT THEREON;
 (III) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
 IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES; (IV) A  STATE-
 MENT  EXPLAINING  THE  PUBLIC  NEED  FOR THE FACILITY; (V) COPIES OF ANY
 STUDIES OF THE ELECTRICAL PERFORMANCE AND SYSTEM IMPACTS OF THE FACILITY
 PERFORMED BY THE STATE GRID OPERATOR PURSUANT TO ITS TARIFF;  (VI)  SUCH
 S. 8308--C                         65                         A. 8808--C
 
 OTHER  INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR ORES MAY BY
 REGULATION REQUIRE; AND (VII) A DESCRIPTION OF ANY  REASONABLE  ALTERNA-
 TIVE  LOCATION  OR LOCATIONS FOR THE PROPOSED FACILITY, A DESCRIPTION OF
 THE  COMPARATIVE MERITS AND DETRIMENTS OF EACH LOCATION SUBMITTED, AND A
 STATEMENT OF THE REASONS WHY THE PRIMARY PROPOSED LOCATION IS BEST SUIT-
 ED FOR THE FACILITY.
   3. TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
 ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL  BE  SERVED
 BY  FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY MAY BE
 IMPACTED BY A PROJECT AND AN EXPLANATION OF HOW  TO  FILE  WITH  ORES  A
 NOTICE OF INTENT TO BE A PARTY IN THE PERMIT APPLICATION PROCEEDINGS AND
 THE TIMEFRAME FOR FILING SUCH APPLICATION.
   4.  NO LATER THAN SIXTY DAYS FOLLOWING THE DATE UPON WHICH AN APPLICA-
 TION HAS BEEN DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH ANY RELE-
 VANT STATE AGENCY OR AUTHORITY, ORES SHALL PUBLISH  FOR  PUBLIC  COMMENT
 DRAFT  PERMIT  CONDITIONS  PREPARED  BY  THE  OFFICE OF RENEWABLE ENERGY
 SITING AND ELECTRIC TRANSMISSIONS, WHICH COMMENT PERIOD SHALL BE  FOR  A
 MINIMUM  OF  SIXTY  DAYS  FROM PUBLIC NOTICE THEREOF. SUCH PUBLIC NOTICE
 SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: (I) WRITTEN  NOTICE  TO  THE
 MUNICIPALITIES  AND  POLITICAL SUBDIVISIONS, IN WHICH THE MAJOR ELECTRIC
 UTILITY TRANSMISSION IS PROPOSED TO BE LOCATED AND TO  LANDOWNERS  NOTI-
 FIED  OF  THE APPLICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
 (II) PUBLICATION IN A NEWSPAPER OR IN ELECTRONIC  FORM,  HAVING  GENERAL
 CIRCULATION  IN  SUCH  MUNICIPALITIES  OR  POLITICAL SUBDIVISIONS; (III)
 POSTING ON THE OFFICE'S AND THE DEPARTMENT'S WEBSITE; AND  (IV)  WRITTEN
 NOTICE  TO  EACH  MEMBER  OF THE LEGISLATURE THROUGH WHOSE DISTRICT  THE
 FACILITY OR ANY ALTERNATE PROPOSED IN THE APPLICATION WOULD PASS AND  IN
 THE  EVENT  THAT  SUCH FACILITY OR ANY PORTION THEREOF IS LOCATED WITHIN
 THE ADIRONDACK PARK OR TUG HILL, THE ADIRONDACK PARK AGENCY AND TUG HILL
 COMMISSION RESPECTIVELY.
   5. FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR  AN  AGENCY  THEREOF
 THAT  HAS  RECEIVED  NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
 REGULATIONS PROMULGATED IN ACCORDANCE WITH THIS SECTION OR OTHERWISE  IN
 EFFECT  ON THE EFFECTIVE DATE OF THIS ARTICLE, THE MUNICIPALITY OR POLI-
 TICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE  TIMEFRAMES  ESTAB-
 LISHED  BY  THIS  ACT  SUBMIT A STATEMENT TO ORES INDICATING WHETHER THE
 PROPOSED FACILITY IS DESIGNED TO BE SITED, CONSTRUCTED AND  OPERATED  IN
 COMPLIANCE  WITH APPLICABLE LOCAL LAWS AND REGULATIONS, IF ANY, CONCERN-
 ING THE ENVIRONMENT, OR PUBLIC HEALTH AND SAFETY. IN THE  EVENT  THAT  A
 MUNICIPALITY,  POLITICAL  SUBDIVISION  OR  AN  AGENCY  THEREOF SUBMITS A
 STATEMENT TO ORES THAT THE PROPOSED  FACILITY  IS  NOT  DESIGNED  TO  BE
 SITED,  CONSTRUCTED  OR OPERATED IN COMPLIANCE WITH LOCAL LAWS AND REGU-
 LATIONS AND ORES DETERMINES NOT TO HOLD AN ADJUDICATORY HEARING  ON  THE
 APPLICATION,  ORES  SHALL  HOLD A NON-ADJUDICATORY PUBLIC HEARING IN THE
 AFFECTED MUNICIPALITY OR POLITICAL SUBDIVISION.
   6. IF PUBLIC COMMENTS ON A DRAFT PERMIT CONDITION  PUBLISHED  BY  ORES
 PURSUANT  TO THIS SECTION, INCLUDING COMMENTS PROVIDED BY A MUNICIPALITY
 OR POLITICAL SUBDIVISION OR AGENCY THEREOF, LANDOWNERS,  OR  MEMBERS  OF
 THE  PUBLIC,  RAISE  A  SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
 REGULATIONS ADOPTED PURSUANT TO  THIS  ARTICLE,  THAT  REQUIRES  ADJUDI-
 CATION,  ORES  SHALL  PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING TO
 HEAR ARGUMENTS AND CONSIDER EVIDENCE  WITH  RESPECT  THERETO;  PROVIDED,
 HOWEVER,  THAT  WITH RESPECT TO AN APPLICATION FOR A SITING PERMIT FOR A
 MAJOR ELECTRIC TRANSMISSION FACILITY, ANY PORTION  OF  WHICH  IS  TO  BE
 LOCATED  ON  THE  LAND  OF  A  LANDOWNER FOR WHICH THE APPLICANT LACKS A
 RIGHT-OF-WAY AGREEMENT, ORES SHALL PROVIDE SUCH LANDOWNER WITH AN OPPOR-
 S. 8308--C                         66                         A. 8808--C
 
 TUNITY TO CHALLENGE THE EXPLANATION FOR THE PUBLIC NEED  GIVEN  IN  SUCH
 APPLICATION.   IN ANY SUCH ADJUDICATORY HEARING, ORES OR THE DEPARTMENT,
 SHALL DESIGNATE MEMBERS OF ITS STAFF TO REPRESENT THE  PUBLIC  INTEREST,
 INCLUDING WITH RESPECT TO THE APPLICATION OF LOCAL AND STATE LAWS.
   7.  FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
 THIS SECTION, AND FOLLOWING  THE  CONCLUSION  OF  A  HEARING  UNDERTAKEN
 PURSUANT  TO SUBDIVISION SIX OF THIS SECTION, ORES SHALL, IN THE CASE OF
 A PUBLIC COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENTS  AND
 AN  ASSESSMENT  OF COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY
 HEARING, THE EXECUTIVE OFFICER OR  ANY  PERSON  TO  WHOM  THE  EXECUTIVE
 DIRECTOR  HAS DELEGATED SUCH AUTHORITY SHALL ISSUE A FINAL WRITTEN HEAR-
 ING REPORT. A FINAL SITING PERMIT MAY ONLY BE ISSUED  IF  ORES  MAKES  A
 FINDING  THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM
 AND SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
 LAWS AND REGULATIONS. IN MAKING A FINAL SITING PERMIT DETERMINATION WITH
 RESPECT TO A MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC  TRANS-
 MISSION  FACILITY, ORES MAY ELECT NOT TO APPLY, IN WHOLE OR IN PART, ANY
 LOCAL LAW OR ORDINANCE THAT WOULD OTHERWISE BE APPLICABLE IF IT MAKES  A
 FINDING  THAT,  AS  APPLIED TO THE PROPOSED FACILITY, IT IS UNREASONABLY
 BURDENSOME IN VIEW OF THE CLCPA TARGETS, THE ENVIRONMENTAL BENEFITS, AND
 IN THE CASE OF A TRANSMISSION FACILITY, THE PUBLIC NEED FOR THE PROPOSED
 PROJECT.
   8. NOTWITHSTANDING ANY OTHER DEADLINE MADE APPLICABLE BY THIS SECTION,
 ORES SHALL MAKE A FINAL DECISION ON A SITING PERMIT WITHIN ONE YEAR FROM
 THE DATE THE APPLICATION WAS DEEMED  COMPLETE.    UNLESS  ORES  AND  THE
 APPLICANT HAVE AGREED TO AN EXTENSION AND IF A FINAL SITING PERMIT DECI-
 SION HAS NOT BEEN MADE BY ORES WITHIN SUCH TIME PERIOD, THEN SUCH SITING
 PERMIT  SHALL  BE  DEEMED  TO  HAVE  BEEN  AUTOMATICALLY GRANTED FOR ALL
 PURPOSES SET FORTH IN THIS ARTICLE AND ALL UNIFORM  CONDITIONS  OR  SITE
 SPECIFIC  PERMIT  CONDITIONS  ISSUED FOR PUBLIC COMMENT SHALL CONSTITUTE
 ENFORCEABLE PROVISIONS OF THE SITING  PERMIT;  PROVIDED,  HOWEVER,  THAT
 WITH  RESPECT TO A FINAL SITING PERMIT DECISION RELATED TO A MAJOR ELEC-
 TRIC TRANSMISSION FACILITY, ANY PORTION OF WHICH IS TO BE LOCATED ON THE
 LAND OF A LANDOWNER FOR WHICH THE APPLICANT LACKS AN EXISTING  RIGHT-OF-
 WAY  AGREEMENT  AND  IN  WHICH  ORES HAS NOT MADE A PUBLIC NEED DETERMI-
 NATION, NO SUCH PERMIT SHALL BE AUTOMATICALLY GRANTED.
   9.  FOR  A  MAJOR  ELECTRIC  TRANSMISSION  FACILITY  THAT   WOULD   BE
 CONSTRUCTED  SUBSTANTIALLY  WITHIN  EXISTING  RIGHTS-OF-WAY THAT POSSESS
 EXISTING MAJOR  ELECTRIC  TRANSMISSION  INFRASTRUCTURE,  THE  OFFICE  OF
 RENEWABLE  ENERGY  SITING AND  ELECTRIC  TRANSMISSION MAY INCLUDE WITHIN
 ITS REGULATIONS A FRAMEWORK THAT RELIEVES CERTAIN REQUIREMENTS  OF  THIS
 ARTICLE, PROVIDED THAT SUCH RELIEF IS REASONABLE AND DOES NOT IMPAIR ANY
 RIGHTS  OF  MUNICIPALITIES  ESTABLISHED  UNDER  THIS  ARTICLE  OR  LIMIT
 REQUIREMENTS RELATING TO PUBLIC NOTICE OR THE FINDING OF PUBLIC NEED.
   § 144. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES. 1.
 APPLICANTS SHALL, PRIOR TO FILING AN APPLICATION, CONDUCT MEETINGS  WITH
 THE  RESPECTIVE  CHIEF  EXECUTIVE OFFICER OF ALL MUNICIPALITIES IN WHICH
 THE PROPOSED MAJOR RENEWABLE GENERATION FACILITY OR MAJOR ELECTRIC TRAN-
 SMISSION  FACILITY WILL BE LOCATED. THE APPLICANT SHALL PROVIDE AS  PART
 OF  THE    APPLICATION PRESENTATION MATERIALS AND A SUMMARY OF QUESTIONS
 RAISED, AND RESPONSES PROVIDED DURING SUCH MEETINGS WITH MUNICIPALITIES.
 IN THE EVENT THE APPLICANT IS UNABLE TO SECURE A MEETING WITH A RELEVANT
 MUNICIPALITY THE APPLICATION SHALL CONTAIN A DETAILED EXPLANATION OF ALL
 OF THE APPLICANT'S BEST EFFORTS AND REASONABLE ATTEMPTS TO  SECURE  SUCH
 MEETING,  INCLUDING,  BUT NOT LIMITED TO, WRITTEN COMMUNICATIONS BETWEEN
 THE APPLICANT AND THE MUNICIPALITY.
 S. 8308--C                         67                         A. 8808--C
 
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING WITHOUT LIMI-
 TATION ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW  AND  ARTICLE
 VII  OF THIS CHAPTER, NO OTHER STATE AGENCY, DEPARTMENT OR AUTHORITY, OR
 ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR  ANY  AGENCY  THEREOF  MAY,
 EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE OR THE RULES AND REGU-
 LATIONS  PROMULGATED  UNDER THIS ARTICLE, REQUIRE ANY APPROVAL, CONSENT,
 PERMIT, CERTIFICATE, CONTRACT, AGREEMENT, OR  OTHER  CONDITION  FOR  THE
 DEVELOPMENT,  DESIGN,  CONSTRUCTION,  OPERATION, OR DECOMMISSIONING OF A
 MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION FACILI-
 TY WITH RESPECT TO WHICH AN APPLICATION FOR A  SITING  PERMIT  HAS  BEEN
 FILED,  PROVIDED IN THE CASE OF A MUNICIPALITY, POLITICAL SUBDIVISION OR
 AN AGENCY THEREOF, SUCH ENTITY HAS RECEIVED NOTICE OF THE FILING OF  THE
 APPLICATION  THEREFOR.  NOTWITHSTANDING THE FOREGOING, THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION SHALL BE THE PERMITTING  AGENCY  FOR  PERMITS
 ISSUED PURSUANT TO FEDERALLY DELEGATED OR FEDERALLY APPROVED PROGRAMS.
   3.  THIS  SECTION  SHALL  NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
 LOCAL  LABOR  LAWS  OR  ANY  OTHERWISE  APPLICABLE  STATE  LAW  FOR  THE
 PROTECTION  OF  EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
 MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY.
   4. ORES AND THE  DEPARTMENT  SHALL  MONITOR,  ENFORCE  AND  ADMINISTER
 COMPLIANCE  WITH  ANY  TERMS AND CONDITIONS SET FORTH IN A SITING PERMIT
 ISSUED PURSUANT TO THIS ARTICLE AND IN DOING SO  MAY  USE  AND  RELY  ON
 AUTHORITY OTHERWISE AVAILABLE UNDER THIS CHAPTER.
   § 145. FEES;  LOCAL  AGENCY  ACCOUNT. 1. EACH APPLICATION FOR A SITING
 PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO  THE  FOLLOW-
 ING:
   (A)  FOR  A  MAJOR RENEWABLE ENERGY FACILITY, ONE THOUSAND DOLLARS FOR
 EACH THOUSAND KILOWATTS OF CAPACITY  OF  THE  PROPOSED  MAJOR  RENEWABLE
 ENERGY FACILITY;
   (B)  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
 FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER ONE  HUNDRED  MILES,
 FOUR HUNDRED FIFTY THOUSAND DOLLARS;
   (C)  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY OF ONE HUNDRED TWENTY-
 FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY MILES  TO  ONE
 HUNDRED MILES, THREE HUNDRED FIFTY THOUSAND DOLLARS;
   (D)  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY REQUIRING A NEW RIGHT-
 OF-WAY AND  ONE  HUNDRED  TWENTY-FIVE  KILOVOLTS  OR  MORE  EXTENDING  A
 DISTANCE OF TEN MILES TO FIFTY MILES, ONE HUNDRED THOUSAND DOLLARS; AND
   (E)  FOR  A MAJOR ELECTRIC TRANSMISSION FACILITY UTILIZING AN EXISTING
 RIGHT-OF-WAY AND ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE  EXTENDING  A
 DISTANCE OF TEN MILES TO FIFTY MILES, FIFTY THOUSAND DOLLARS.
   2.  SUCH FEE IS TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN AS THE LOCAL
 AGENCY ACCOUNT ESTABLISHED BY SUBDIVISION SEVEN OF FORMER SECTION  NINE-
 TY-FOUR-C  OF  THE  EXECUTIVE  LAW FOR THE BENEFIT OF LOCAL AGENCIES AND
 COMMUNITY INTERVENORS BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE CUSTODY  OF
 THE COMMISSIONER OF TAXATION AND FINANCE. ORES, IN CONSULTATION WITH THE
 DEPARTMENT,  MAY  UPDATE  THE  FEE  PERIODICALLY  SOLELY  TO ACCOUNT FOR
 INFLATION. THE PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE OFFICE
 OF RENEWABLE ENERGY SITING AND  ELECTRIC  TRANSMISSIONS,  IN  ACCORDANCE
 WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE RULES AND REGULATIONS
 PROMULGATED  BY  ORES  OR  THE DEPARTMENT PURSUANT TO THIS ARTICLE OR IN
 EFFECT AS OF THE EFFECTIVE DATE OF THIS ARTICLE, FOR  THE  PARTICIPATION
 OF LOCAL AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC COMMENT PERIODS OR
 HEARING  PROCEDURES ESTABLISHED BY THIS ARTICLE, INCLUDING THE RULES AND
 REGULATIONS PROMULGATED HERETO; PROVIDED THAT FEES MUST BE DISBURSED FOR
 S. 8308--C                         68                         A. 8808--C

 MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN AGENCY THEREOF,  TO  DETER-
 MINE WHETHER A PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED AND
 OPERATED IN COMPLIANCE WITH THE APPLICABLE LOCAL LAWS AND REGULATIONS.
   3.  ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY 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 ACCOUNT BALANCES AND ACTIV-
 ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST  AND  PROVIDE  SUCH
 REPORT  TO  THE  OFFICE  OF  RENEWABLE ENERGY SITING AND ELECTRIC TRANS-
 MISSIONS NO LATER THAN NINETY DAYS AFTER  COMMENCEMENT  OF  SUCH  FISCAL
 YEAR AND POST ON THE AUTHORITY'S WEBSITE.
   4.  TO  THE EXTENT AN APPLICANT SUBMITTED INTERVENOR FUNDS PURSUANT TO
 ARTICLE VII OR X OF THIS CHAPTER AND HAS NOW FILED AN APPLICATION FOR  A
 SITING  PERMIT PURSUANT TO THIS ARTICLE, ANY AMOUNTS HELD IN AN INTERVE-
 NOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES VII AND X OF  THIS  CHAPTER
 FOR  THAT PROJECT SHALL BE APPLIED TO THE INTERVENOR ACCOUNT ESTABLISHED
 BY THIS SECTION.
   5. IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO THIS SECTION,  ORES
 OR  THE  DEPARTMENT,  PURSUANT  TO  REGULATIONS ADOPTED PURSUANT TO THIS
 ARTICLE, MAY ASSESS A FEE ON APPLICANTS FOR THE  PURPOSE  OF  RECOVERING
 COSTS  INCURRED  BY  THE  OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC
 TRANSMISSIONS; PROVIDED, HOWEVER, THAT PUBLIC UTILITIES THAT ARE SUBJECT
 TO SECTION EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE ASSESSED  A  FEE  FOR
 SUCH COSTS.
   § 146. JUDICIAL  REVIEW.  1.  ANY  PARTY  AGGRIEVED BY THE ISSUANCE OR
 DENIAL OF A SITING PERMIT UNDER THIS ARTICLE MAY SEEK JUDICIAL REVIEW OF
 SUCH DECISION AS PROVIDED IN THIS SECTION.
   2. A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE THIRD  DEPARTMENT  OF
 THE  APPELLATE  DIVISION  OF THE SUPREME COURT OF THE STATE OF NEW YORK.
 SUCH PROCEEDING SHALL BE INITIATED BY THE FILING OF A PETITION  IN  SUCH
 COURT  WITHIN NINETY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY ORES
 TOGETHER WITH PROOF OF SERVICE OF A DEMAND ON ORES  TO  FILE  WITH  SAID
 COURT A COPY OF A WRITTEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND
 A  COPY  OF ORES'S DECISION AND OPINION. ORES'S COPY OF SAID TRANSCRIPT,
 DECISION AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO  ALL
 PARTIES  FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND
 DEMAND ORES SHALL FORTHWITH DELIVER TO THE COURT A COPY  OF  THE  RECORD
 AND  A  COPY  OF ORES'S DECISION AND OPINION. THEREUPON, THE COURT SHALL
 HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE  POWER  TO  GRANT
 SUCH  RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
 ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
 SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART  SUCH
 DECISION.  THE  APPEAL SHALL BE HEARD ON THE RECORD, WITHOUT REQUIREMENT
 OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. THE FINDINGS OF  FACT  ON
 WHICH  SUCH  DECISION  IS  BASED  SHALL  BE  CONCLUSIVE  IF SUPPORTED BY
 SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS  OF
 JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
 LATE  DIVISION  OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
 AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF  APPEALS  IN
 THE  SAME  MANNER  AND  FORM  AND  WITH  THE SAME EFFECT AS PROVIDED FOR
 APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
 DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME  COURT  AND  BY  THE
 COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
 OVER ALL OTHER MATTERS.
   3.  THE  GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
 TO WHETHER THE DECISION AND OPINION OF ORES ARE:
 S. 8308--C                         69                         A. 8808--C
 
   (A) IN CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS  OF  THE
 STATE AND THE UNITED STATES;
   (B)  SUPPORTED  BY  SUBSTANTIAL  EVIDENCE IN THE RECORD AND MATTERS OF
 JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
   (C) WITHIN THE STATUTORY JURISDICTION OR AUTHORITY  OF  ORES  AND  THE
 DEPARTMENT;
   (D)  MADE  IN  ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
 ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE;
   (E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
   (F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
 CITIZENS AFFECTED BY THE FACILITY OR PROJECT REGARDLESS  OF  AGE,  RACE,
 COLOR, NATIONAL ORIGIN AND INCOME.
   4.  EXCEPT AS HEREIN PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
 TICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
   § 147. FARMLAND PROTECTION WORKING GROUP. 1. THERE IS  HEREBY  CREATED
 IN THE EXECUTIVE DEPARTMENT A FARMLAND PROTECTION WORKING GROUP CONSIST-
 ING OF APPROPRIATE STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
   (A) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS;
   (B) THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
   (C) THE EXECUTIVE DIRECTOR OF ORES;
   (D) THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OF PUBLIC SERVICE;
   (E)  THE  PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
 MENT AUTHORITY;
   (F) LOCAL  GOVERNMENT  OFFICIALS  OR  REPRESENTATIVES  FROM  MUNICIPAL
 ORGANIZATIONS REPRESENTING TOWNS, VILLAGES, AND COUNTIES; AND
   (G) REPRESENTATIVES FROM AT LEAST TWO COUNTY AGRICULTURAL AND FARMLAND
 PROTECTION BOARDS.
   2. THE WORKING GROUP SHALL, NO LATER THAN ONE YEAR AFTER THE EFFECTIVE
 DATE  OF  THIS ARTICLE, RECOMMEND STRATEGIES TO ENCOURAGE AND FACILITATE
 INPUT FROM MUNICIPALITIES IN THE SITING PROCESS OF MAJOR RENEWABLE ENER-
 GY FACILITIES AND MAJOR ELECTRIC TRANSMISSION FACILITIES AND TO  DEVELOP
 RECOMMENDATIONS THAT INCLUDE APPROACHES TO RECOGNIZE THE VALUE OF VIABLE
 AGRICULTURAL  LAND  AND  METHODS TO MINIMIZE ADVERSE IMPACTS TO ANY SUCH
 LAND RESULTING FROM THE SITING OF MAJOR RENEWABLE ENERGY FACILITIES  AND
 MAJOR ELECTRIC TRANSMISSION FACILITIES.
   3. THE WORKING GROUP, ON CALL OF THE COMMISSIONER OF THE DEPARTMENT OF
 AGRICULTURE  AND  MARKETS, SHALL MEET AT LEAST THREE TIMES EACH YEAR AND
 AT SUCH OTHER TIMES AS MAY BE NECESSARY.
   § 148. REPORTS OF THE OFFICE OF RENEWABLE ENERGY SITING  AND  ELECTRIC
 TRANSMISSIONS.  NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF THIS
 ARTICLE AND ANNUALLY THEREAFTER, THE OFFICE OF RENEWABLE  ENERGY  SITING
 AND   ELECTRIC   TRANSMISSIONS SHALL SUBMIT TO THE  GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY, A  REPORT
 ON  THE ACTIVITIES OF SUCH OFFICE. THE REPORT SHALL, WITHOUT LIMITATION,
 INCLUDE:
   1. THE NUMBER OF APPLICATIONS RECEIVED AND PERMITS  APPROVED  BY  SUCH
 OFFICE  FOR  EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY OR MAJOR ELEC-
 TRIC TRANSMISSION  FACILITY;
   2. DESCRIPTION OF THE PROJECT OF EACH PERMIT GRANTED  BY  SUCH  OFFICE
 FOR THE  PRECEDING YEAR INCLUDING SCALE, LOCATION AND CAPACITY;
   3. AVERAGE TIME TAKEN TO MAKE A DECISION ON AN APPLICATION;
   4.  THE  NUMBER  OF  CASES THAT REQUIRE DISPUTE RESOLUTION OR JUDICIAL
 REVIEW;
   5. THE EXECUTIVE DIRECTOR'S EVALUATION  OF  OVERALL  PUBLIC  NEED  FOR
 MAJOR  RENEWABLE   GENERATION FACILITIES AND MAJOR ELECTRIC TRANSMISSION
 FACILITIES;
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   6. THE POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS  OF  THE  FACILITY  ARE
 IDENTIFIED    AND  ADDRESSED  BY  THE  UNIFORM  STANDARDS AND CONDITIONS
 PROMULGATED PURSUANT TO  THIS ARTICLE;
   7.  THE  NUMBER AND DESCRIPTION OF PROJECTS WHERE SITE-SPECIFIC PERMIT
 CONDITIONS WERE APPLIED TO THE FACILITY OR WHERE OFF-SITE MITIGATION WAS
 NEEDED;  AND
   8. TOTAL FEES COLLECTED BY SUCH OFFICE AND ANY FEES COLLECTED  SPECIF-
 ICALLY FOR OFF-SITE MITIGATION.
   § 12. The public service law is amended by adding a new section 174 to
 read as follows:
   §  174.  MAJOR  STEAM ELECTRIC GENERATING FACILITIES CERTIFICATES. ANY
 CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED ISSUED  TO  A
 MAJOR  STEAM  ELECTRIC GENERATING FACILITY UNDER THE FORMER ARTICLE VIII
 OF THIS CHAPTER SHALL BE TREATED FOR PURPOSES OF COMPLIANCE AND ENFORCE-
 MENT AS IF SUCH CERTIFICATE WAS ISSUED UNDER THIS ARTICLE.
   § 13. Subdivision (B) of section 206 of the eminent  domain  procedure
 law is amended to read as follows:
   (B)  pursuant  to  article VII [or article VIII] of the public service
 law it obtained a certificate of environmental compatibility and  public
 need OR PURSUANT TO ARTICLE VIII OF THE PUBLIC SERVICE LAW IT OBTAINED A
 SITING PERMIT WITH RESPECT TO A MAJOR ELECTRIC TRANSMISSION FACILITY or;
   §  14.  Subparagraph  (g) of paragraph 3 of subdivision (B) of section
 402 of the eminent domain procedure law is amended to read as follows:
   (g) if the property is to be used for  the  construction  of  a  major
 utility  transmission facility, as defined in section one hundred twenty
 of the public service law[, or major steam electric generating  facility
 as  defined  in  section  one hundred forty of such law] with respect to
 which a certificate of environmental compatibility and public  need  has
 been  issued  under such law, a statement that such certificate relating
 to such property has been issued and is in force, OR IF THE PROPERTY  IS
 TO BE USED FOR THE CONSTRUCTION OF  A MAJOR ELECTRIC TRANSMISSION FACIL-
 ITY,  AS  DEFINED  UNDER  ARTICLE  VIII  OF THE PUBLIC SERVICE LAW, WITH
 RESPECT TO WHICH A MAJOR ELECTRIC TRANSMISSION  FACILITY  SITING  PERMIT
 HAS BEEN ISSUED UNDER SUCH LAW, A STATEMENT THAT SUCH PERMIT RELATING TO
 SUCH PROPERTY HAS BEEN ISSUED AND IS IN FORCE.
   §  15.  Subdivision  7 of section 6-106 of the energy law, as added by
 chapter 433 of the laws of 2009, is amended to read as follows:
   7. Any person who participated in the state energy planning proceeding
 or any person who sought an amendment of the state energy plan  pursuant
 to  subdivision  six  of  this  section, may obtain, pursuant to article
 seventy-eight of the civil practice law and rules,  judicial  review  of
 the  board's  decision  adopting a plan, or any amendment thereto, or of
 the board's decision not to amend such plan pursuant to subdivision  six
 of  this  section.  Any  such special proceeding shall be brought in the
 appellate division of the supreme court of the state of New York for the
 third judicial department. Such proceeding shall  be  initiated  by  the
 filing of a petition in such court within thirty days after the issuance
 of  a  decision by the board. The proceeding shall have a lawful prefer-
 ence over any other matter, shall be heard on  an  expedited  basis  and
 shall  be  completed  in  all respects, including any subsequent appeal,
 within one hundred eighty days of the filing of the petition. Where more
 than one such petition is filed, the court may provide for consolidation
 of the proceedings. Notwithstanding the provisions of [article] ARTICLES
 seven AND EIGHT of the public service law, the procedure  set  forth  in
 this  section  shall constitute the exclusive means for seeking judicial
 review of any element of the plan.
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   § 16. Paragraph (b) of subdivision 5 of section 8-0111 of the environ-
 mental conservation law, as amended by section 1 of part BBB of  chapter
 55 of the laws of 2021, is amended to read as follows:
   (b) Actions subject to the provisions requiring a certificate of envi-
 ronmental  compatibility  and  public  need in articles seven[,] AND ten
 [and the former article eight] of the public service law or requiring  a
 MAJOR RENEWABLE ENERGY FACILITY OR A MAJOR ELECTRIC TRANSMISSION FACILI-
 TY  siting  permit  under  [section  ninety-four-c of the executive law]
 ARTICLE EIGHT OF THE PUBLIC SERVICE LAW; or
   § 17. Paragraph (d) of subdivision 2 of section 49-0307 of  the  envi-
 ronmental conservation law, as added by chapter 292 of the laws of 1984,
 is amended to read as follows:
   (d)  where  land  subject to a conservation easement or an interest in
 such land is required for a major utility  transmission  facility  which
 has  received  a  certificate  of environmental compatibility and public
 need pursuant to article seven of the public service law [or is required
 for a major steam electric generating  facility  which  has  received  a
 certificate  of  environmental compatibility and public need pursuant to
 article eight of the public service law]  OR  A  MAJOR  ELECTRIC  TRANS-
 MISSION  FACILITY WHICH HAS RECEIVED A SITING PERMIT PURSUANT TO ARTICLE
 VIII OF THE PUBLIC SERVICE LAW, upon the filing of such  certificate  OR
 PERMIT in a manner prescribed for recording a conveyance of real proper-
 ty  pursuant  to section two hundred ninety-one of the real property law
 or any other applicable provision of law.
   § 18. Paragraph (e) of subdivision 3 of section 49-0307 of  the  envi-
 ronmental  conservation  law,  as  amended by chapter 388 of the laws of
 2011, is amended to read as follows:
   (e) where land subject to a conservation easement or  an  interest  in
 such  land  is  required for a major utility transmission facility which
 has received a certificate of  environmental  compatibility  and  public
 need pursuant to article seven of the public service law [or is required
 for  a  major  steam  electric  generating facility which has received a
 certificate of environmental compatibility and public need  pursuant  to
 the  former  article  eight of the public service law], A MAJOR ELECTRIC
 TRANSMISSION FACILITY WHICH HAS RECEIVED A  SITING  PERMIT  PURSUANT  TO
 ARTICLE  VIII  OF THE PUBLIC SERVICE LAW, or a major electric generating
 facility or repowering project which has received a certificate of envi-
 ronmental compatibility and public need pursuant to article ten  of  the
 public  service  law, upon the filing of such certificate OR PERMIT in a
 manner prescribed for recording a conveyance of real  property  pursuant
 to  section two hundred ninety-one of the real property law or any other
 applicable provision of law, provided that such  certificate  OR  PERMIT
 contains  a  finding  that  the  public interest in the conservation and
 protection of the natural resources, open spaces and  scenic  beauty  of
 the Adirondack or Catskill parks has been considered.
   §  19. Paragraph (p) of subdivision 27-a of section 1005 of the public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (p)  Nothing in this subdivision or subdivision twenty-seven-b of this
 section, shall be construed as  exempting  the  authority,  its  subsid-
 iaries,  or any renewable energy generating projects undertaken pursuant
 to this section from the requirements of [section ninety-four-c  of  the
 executive  law]  ARTICLE  VIII  OF THE PUBLIC SERVICE LAW respecting any
 renewable energy system developed  by  the  authority  or  an  authority
 subsidiary  after  the effective date of this subdivision that meets the
 definition of "major renewable energy facility" as defined  in  [section
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 ninety-four-c  of  the  executive  law  and section eight of part JJJ of
 chapter fifty-eight of the laws of two thousand twenty] ARTICLE VIII  OF
 THE  PUBLIC  SERVICE  LAW, as it relates to host community benefits, and
 section 11-0535-c of the environmental conservation law as it relates to
 an endangered and threatened species mitigation bank fund.
   §  20. Section 1014 of the public authorities law, as amended by chap-
 ter 388 of the laws of 2011, is amended to read as follows:
   § 1014. Public service law not applicable to  authority;  inconsistent
 provisions  in  other acts superseded. The rates, services and practices
 relating to the generation, transmission, distribution and sale  by  the
 authority, of power to be generated from the projects authorized by this
 title  shall  not be subject to the provisions of the public service law
 nor to regulation by, nor the jurisdiction of the department  of  public
 service.  Except  to  the extent article seven of the public service law
 applies to the siting and operation  of  a  major  utility  transmission
 facility  as  defined  therein,  ARTICLE  VIII OF THE PUBLIC SERVICE LAW
 APPLIES TO THE SITING AND  OPERATION  OF  A  MAJOR  ELECTRIC  GENERATION
 FACILITY  OR  A MAJOR ELECTRIC TRANSMISSION FACILITY AS DEFINED THEREIN,
 and article ten of the public service law applies to  the  siting  of  a
 major electric generating facility as defined therein, and except to the
 extent section eighteen-a of the public service law provides for assess-
 ment of the authority for certain costs relating thereto, the provisions
 of  the public service law and of the environmental conservation law and
 every other law relating to the department  of  public  service  or  the
 public  service  commission or to the environmental conservation depart-
 ment or to the functions, powers or duties assigned to the  division  of
 water  power  and control by chapter six hundred nineteen of the laws of
 nineteen hundred twenty-six, shall so far as is necessary to  make  this
 title  effective  in accordance with its terms and purposes be deemed to
 be superseded, and wherever any provision  of  law  shall  be  found  in
 conflict  with  the  provisions  of  this title or inconsistent with the
 purposes thereof, it shall be  deemed  to  be  superseded,  modified  or
 repealed as the case may require.
   §  21.  Subdivision 1 of section 1020-s of the public authorities law,
 as amended by chapter 681 of the laws of 2021, is  amended  to  read  as
 follows:
   1.  The  rates,  services  and  practices  relating to the electricity
 generated by facilities owned or operated by the authority shall not  be
 subject to the provisions of the public service law or to regulation by,
 or  the  jurisdiction  of,  the public service commission, except to the
 extent (a) article seven of the public service law applies to the siting
 and operation of a major utility transmission facility as defined there-
 in, (b) ARTICLE VIII OF THE PUBLIC SERVICE LAW APPLIES TO THE SITING AND
 OPERATION OF A MAJOR ELECTRIC GENERATION FACILITY OR  A  MAJOR  ELECTRIC
 TRANSMISSION  FACILITY  AS  DEFINED THEREIN, (C) article ten of such law
 applies to the siting of a generating facility as defined therein, [(c)]
 (D) section eighteen-a of such law provides for assessment  for  certain
 costs,  property or operations, [(d)] (E) to the extent that the depart-
 ment of public service reviews and makes recommendations with respect to
 the operations and provision of  services  of,  and  rates  and  budgets
 established  by,  the authority pursuant to section three-b of such law,
 [(e)] (F) that section seventy-four of the public service law applies to
 qualified energy storage systems within  the  authority's  jurisdiction,
 and  [(f)]  (G)  that  section  seventy-four-b of the public service law
 applies to Long Island community choice aggregation programs.
 S. 8308--C                         73                         A. 8808--C
 
   § 22. Paragraph (b) of subdivision 1 of section 1020-ii of the  public
 authorities  law,  as  amended  by  chapter  201 of the laws of 2019, is
 amended to read as follows:
   (b)  "utility  transmission  facility" means any electric transmission
 line operating at sixty-five kilovolts or higher in  the  service  area,
 including  associated  equipment.  It shall not include any transmission
 line which is an in-kind replacement or which is located  wholly  under-
 ground.  This  section also shall not apply to any major [utility] ELEC-
 TRIC transmission facility subject to the jurisdiction of article  seven
 of the public service law; and
   §  23.  Paragraph  c  of subdivision 8 of section 1020-c of the public
 authorities law, as amended by chapter 388  of  the  laws  of  2011,  is
 amended to read as follows:
   c.  [Article] ARTICLES seven AND EIGHT of the public service law shall
 apply to the authority's siting and operation of a major ELECTRIC trans-
 mission facility as therein  defined  and  article  ten  of  the  public
 service  law  shall  apply  to the authority's siting and operation of a
 major electric generating facility as therein defined.
   § 24. Subdivision 4 of section 18-a of  the  public  service  law,  as
 amended  by  chapter  447  of  the  laws  of 1972, is amended to read as
 follows:
   4. In the case of the power authority of the state of  New  York,  the
 [chairman]  CHAIRPERSON  of  the department shall ascertain from time to
 time, but not less than once in each fiscal year, all direct  and  indi-
 rect costs of investigating requests by the power authority of the state
 of  New  York  to  establish  new, major [utility] ELECTRIC transmission
 facilities [as defined in article  seven  of  this  chapter]  AND  MAJOR
 RENEWABLE  ENERGY FACILITIES or to establish new, major [steam] electric
 generating facilities [as defined in article eight of this chapter]. The
 [chairman] CHAIRPERSON shall for each  such  investigation  assess  such
 costs  against  the  power authority of the state of New York. Bills for
 such an investigation may be rendered from time to time,  but  not  less
 than  once  in  each  fiscal year, and the amount of such bills shall be
 paid by the power authority of the state of New York to  the  department
 within thirty days from the date of rendition.
   § 25. Subdivision 2 of section 160 of the public service law, as added
 by chapter 388 of the laws of 2011, is amended to read as follows:
   2.  "Major  electric generating facility" means an electric generating
 facility with a nameplate generating capacity  of  twenty-five  thousand
 kilowatts or more, including interconnection electric transmission lines
 THAT  ARE  NOT  SUBJECT TO REVIEW UNDER ARTICLE VIII OF THIS CHAPTER and
 fuel gas transmission lines that are not subject to review under article
 seven of this chapter.
   § 26. Paragraph (e) of subdivision 4 of  section  162  of  the  public
 service law, as added by section 3 of part JJJ of chapter 58 of the laws
 of 2020, is amended to read as follows:
   (e)  To  a  major renewable energy facility as such term is defined in
 [section ninety-four-c of the executive law] ARTICLE VIII OF THIS  CHAP-
 TER;  provided,  however, that any person intending to construct a major
 renewable energy facility,  that  has  a  draft  pre-application  public
 involvement  program plan pursuant to section one hundred sixty-three of
 this article and the regulations implementing  this  article,  which  is
 pending with the siting board as of the effective date of this paragraph
 may remain subject to the provisions of this article or, may, by written
 notice  to  the  secretary of the commission, elect to become subject to
 S. 8308--C                         74                         A. 8808--C
 
 the provisions of [section ninety-four-c of the executive  law]  ARTICLE
 VIII OF THIS CHAPTER.
   § 27. Subdivision 3 of section 11-103 of the energy law, as amended by
 chapter 374 of the laws of 2022, is amended to read as follows:
   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 applicable to the construction of any
 building,  including  but  not  limited to greenhouse 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 promulgated pursuant  to  this  section.
 Notwithstanding  the  foregoing, nothing in this section shall be deemed
 to expand the powers of the council to include matters that  are  exclu-
 sively  within  the statutory jurisdiction of the public service commis-
 sion, the department  of  environmental  conservation,  [the  office  of
 renewable energy siting] or another state entity.
   §  28. Paragraph (d) of subdivision 27-a of section 1005 of the public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (d)  No later than one hundred eighty days after the effective date of
 this subdivision, and annually thereafter, the  authority  shall  confer
 with  the New York state energy research and development authority, [the
 office of renewable energy siting,] the department  of  public  service,
 climate  and  resiliency experts, labor organizations, and environmental
 justice and community organizations concerning the state's  progress  on
 meeting the renewable energy goals established by the climate leadership
 and community protection act. When exercising the authority provided for
 in  paragraph (a) of this subdivision, the information developed through
 such conferral shall be used to identify projects to  help  ensure  that
 the  state  meets  its  goals under the climate leadership and community
 protection act. Any conferral  provided  for  in  this  paragraph  shall
 include  consideration  of the timing of projects in the interconnection
 queue of the federally designated electric bulk system operator for  New
 York  state,  taking  into  account  both  capacity  factors  or planned
 projects and the interconnection queue's historical completion  rate.  A
 report  on  the  information  developed  through such conferral shall be
 published and made accessible on the website of the authority.
   § 29. Subparagraph (i) of paragraph (e) of subdivision 27-a of section
 1005 of the public authorities law, as added by section 1 of part QQ  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   (i)  Beginning  in two thousand twenty-five, and biennially thereafter
 until two thousand thirty-three, the authority, in consultation with the
 New York state energy research and development authority, [the office of
 renewable energy siting,] the department  of  public  service,  and  the
 federally  designated  electric bulk system operator for New York state,
 shall develop and publish biennially a renewable energy generation stra-
 tegic plan ("strategic  plan")  that  identifies  the  renewable  energy
 generating  priorities  based on the provisions of paragraph (a) of this
 subdivision for the two-year period  covered  by  the  plan  as  further
 provided for in this paragraph.
   § 30. The public service commission shall commence a proceeding within
 ninety  days  of  the effective date of this act to review the cause and
 extent of any delays to interconnection of distributed energy resources.
 S. 8308--C                         75                         A. 8808--C
 
 This proceeding shall consider metrics related to the  timely  intercon-
 nection of distributed generation resources into the distribution system
 owned by an electric corporation, as well as revenue adjustments related
 to such metrics.
   § 31. Subdivisions 1 and 3 of section 224-d of the labor law, subdivi-
 sion 1 as separately amended by chapters 372 and 375 of the laws of 2022
 and  subdivision 3 as added by section 2 of part AA of chapter 56 of the
 laws of 2021,  are amended to read as follows:
   1. For purposes of this section, a "covered renewable  energy  system"
 means  (a) a renewable energy system, as such term is defined in section
 sixty-six-p of the public service law, with a capacity of  one  or  more
 megawatts  alternating  current  and  which  involves the procurement of
 renewable energy credits by a public entity, OR A COMPANY OR CORPORATION
 PROVIDED IN SUBDIVISIONS TWENTY-THREE AND TWENTY-FOUR OF SECTION TWO  OF
 THE  PUBLIC  SERVICE  LAW, or a third party acting on behalf and for the
 benefit of a public entity; [or] (b) any  "thermal  energy  network"  as
 defined  by subdivision twenty-nine of section two of the public service
 law; (C)   ANY OFFSHORE WIND SUPPLY CHAIN  PROJECT,  INCLUDING  BUT  NOT
 LIMITED   TO   PORT  INFRASTRUCTURE,  PRIMARY  COMPONENT  MANUFACTURING,
 FINISHED COMPONENT MANUFACTURING, SUBASSEMBLY  MANUFACTURING,  SUBCOMPO-
 NENT  MANUFACTURING, OR RAW MATERIAL PRODUCERS, OR A COMBINATION THEREOF
 RECEIVING DIRECT FUNDING FROM THE NEW YORK  STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT AUTHORITY PURSUANT TO AN AWARD UNDER A NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY SOLICITATION; OR (D) A "MAJOR UTILITY
 TRANSMISSION  FACILITY"  AS  SUCH TERM IS DEFINED BY SECTION ONE HUNDRED
 TWENTY OF THE PUBLIC SERVICE LAW.
   3. For purposes of this section, a  covered  renewable  energy  system
 shall  exclude  construction  work performed under a pre-hire collective
 bargaining agreement between an owner or  contractor  and  a  bona  fide
 building and construction trade labor organization which has established
 itself,  and/or  its  affiliates, as the collective bargaining represen-
 tative for all persons who will perform work  on  such  a  project,  and
 which  provides that only contractors and subcontractors who sign a pre-
 negotiated agreement with the labor organization  can  perform  work  on
 such  a  project[,  or  construction  work performed under a labor peace
 agreement, project labor  agreement,  or  any  other  construction  work
 performed  under an enforceable agreement between an owner or contractor
 and a bona fide building  and  construction  trade  labor  organization]
 PROVIDED,  HOWEVER,  THIS  SUBDIVISION  SHALL  NOT  APPLY TO ANY COVERED
 RENEWABLE ENERGY SYSTEMS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE  OF
 THIS SECTION.
   § 32. Subdivision 3 and paragraph (a) of subdivision 4 of section 66-r
 of the public service law, as added by section 2-a of part AA of chapter
 56  of  the laws of 2021, are amended and a new subdivision 1-a is added
 to read as follows:
   1-A. FOR THE PURPOSES OF THIS  SECTION,  AN  "OTHER  COVERED  PROJECT"
 MEANS:  (A) ANY "THERMAL ENERGY NETWORK" AS DEFINED BY SUBDIVISION TWEN-
 TY-NINE OF SECTION TWO OF THIS CHAPTER; (B)  ANY  OFFSHORE  WIND  SUPPLY
 CHAIN PROJECT, INCLUDING BUT NOT LIMITED TO PORT INFRASTRUCTURE, PRIMARY
 COMPONENT  MANUFACTURING,  FINISHED COMPONENT MANUFACTURING, SUBASSEMBLY
 MANUFACTURING, SUBCOMPONENT MANUFACTURING, OR RAW MATERIAL PRODUCERS, OR
 A COMBINATION THEREOF RECEIVING DIRECT FUNDING FROM THE NEW  YORK  STATE
 ENERGY  RESEARCH  AND DEVELOPMENT AUTHORITY PURSUANT TO AN AWARD UNDER A
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY  SOLICITATION;
 OR  (C)  A "MAJOR UTILITY TRANSMISSION FACILITY" AS SUCH TERM IS DEFINED
 S. 8308--C                         76                         A. 8808--C
 
 BY SECTION ONE HUNDRED TWENTY OF THIS CHAPTER OR "MAJOR ELECTRIC  TRANS-
 MISSION FACILITY" AS DEFINED BY ARTICLE VIII OF THIS CHAPTER.
   3.  The commission shall require that the owner of the covered renewa-
 ble energy system OR OTHER COVERED PROJECT, or a third party  acting  on
 the  owner's  behalf,  as  an  ongoing condition of any renewable energy
 credits agreement with a public entity, shall stipulate  to  the  fiscal
 officer  that  it will enter into [a] labor peace [agreement] AGREEMENTS
 with [at least one] ANY bona  fide  labor  [organization]  ORGANIZATIONS
 THAT  either  [where  such bona fide labor organization is] ARE actively
 representing employees providing necessary  operations  and  maintenance
 services  for  the renewable energy system at the time of such agreement
 or [upon]  PROVIDES notice [by a bona fide labor organization]  that  IT
 is  attempting  to represent ANY employees IN ANY TITLES WHO PROVIDE, OR
 who will provide, necessary operations and maintenance services for  the
 renewable  energy  system employed in the state; PROVIDED, HOWEVER, THIS
 SUBDIVISION SHALL NOT APPLY TO ANY COVERED PROJECTS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION ONE-A OF THIS SECTION.   The maintenance  of  such  a
 labor  peace  agreement, OR AGREEMENTS, WHICH COVER ALL CLASSES OF OPER-
 ATIONS AND MAINTENANCE EMPLOYEES, shall be an ongoing material condition
 of any continuation of payments under a renewable energy credits  agree-
 ment.  For  purposes  of  this  section "labor peace agreement" means an
 agreement between an entity and labor organization that, at  a  minimum,
 protects  the  state's proprietary interests by prohibiting labor organ-
 izations  and  members  from  engaging  in  picketing,  work  stoppages,
 boycotts,  and any other economic interference with the relevant renewa-
 ble energy system. "Renewable energy credits agreement" shall  mean  any
 public  entity  contract  that  provides  production-based payments to a
 renewable energy project as defined in this section.
   (a) Any public entity,  in  each  contract  for  construction,  recon-
 struction,  alteration,  repair, improvement or maintenance of a covered
 renewable energy system which involves the procurement  of  a  renewable
 energy  credits agreement by a public entity, or a third party acting on
 behalf and for the benefit of a public entity, the "public work" for the
 purposes of this subdivision, shall  ensure  that  such  contract  shall
 contain  a  provision  that  the  iron  and  [structural]  steel used or
 supplied in the performance of the contract or any  subcontract  thereto
 [and  that  is  permanently incorporated into the public work,] shall be
 produced or made in whole or substantial part in the United States,  its
 territories  or  possessions.  In  the case of [a structural] AN iron or
 [structural] steel product all manufacturing  must  take  place  in  the
 United States, from the initial melting stage through the application of
 coatings,  except  metallurgical  processes  involving the refinement of
 steel additives. [For the purposes  of  this  subdivision,  "permanently
 incorporated"  shall  mean  an iron or steel product that is required to
 remain in place at the end of the project contract, in a fixed location,
 affixed to the public work to which it was incorporated. Iron and  steel
 products  that  are  capable of being moved from one location to another
 are not permanently incorporated into a public work.]
   § 33. Section 11-0535-c  of  the  environmental  conservation  law  is
 amended by  adding a new subdivision 6 to read as follows:
   6.  THE COMMISSIONER SHALL ANNUALLY REPORT TO THE DEPARTMENT OF PUBLIC
 SERVICE, THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE  AND  THE
 SPEAKER  OF  THE ASSEMBLY ON THE STATUS OF THE FUND AND ALL MONIES ADDED
 TO AND EXPENDED FROM THE FUND.
   § 34. This act shall take effect immediately and  sections  one,  two,
 three,  four,  five, six, seven, eight, nine, ten, eleven, twelve, thir-
 S. 8308--C                         77                         A. 8808--C
 
 teen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty,
 twenty-one, twenty-two, twenty-three, twenty-four, twenty-five,  twenty-
 six, twenty-seven, twenty-eight, twenty-nine, thirty and thirty-three of
 this  act    shall expire December 31, 2040 when upon such date this act
 shall be deemed repealed; provided, that the amendments to paragraph (e)
 of subdivision 4 of section 162  of  the  public  service  law  made  by
 section twenty-six of this act shall not affect the repeal of such para-
 graph  and  shall  be deemed repealed therewith; provided, further, that
 sections thirty-one and thirty-two of this act shall take effect   Janu-
 ary  1,  2025  and shall apply to any covered renewable energy system as
 defined in section 224-d of the labor law and other covered  project  as
 defined in section 66-r of the public service law, respectively, awarded
 a contract pursuant to an advertisement or solicitation of a request for
 proposal,  invitation for bid, or solicitation of proposal, or any other
 method provided for by law or regulation for soliciting a  response  for
 offerors  intending  to  result in a contract that is issued on or after
 the effective date of this act.
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
   Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
 laws  of  2024  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 or permits issued pursuant to article 7, 8, 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 15th, 2025, the commissioner of the department
 of  agriculture and markets shall submit an accounting of such expenses,
 including, but not limited to, expenses in the prior state  fiscal  year
 for personal and non-personal services and fringe benefits, to the chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 18-a of the public service law.
   § 2. Expenditures of moneys appropriated to the  department  of  state
 from  the  special  revenue  funds-other/state operations, miscellaneous
 special revenue fund-339, public service account shall be subject to the
 provisions of this section.  Notwithstanding any other provision of  law
 to the contrary, direct and indirect expenses relating to the activities
 of  the  department  of  state's  utility  intervention unit pursuant to
 subdivision 4 of section 94-a of the executive law, including,  but  not
 limited  to  participation in general ratemaking proceedings pursuant to
 section 65 of the public service law  or  certification  proceedings  or
 permits  issued  pursuant  to  article 7, 8, 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  15th, 2025, the secretary of state shall submit an accounting of
 such expenses, including, but not limited  to,  expenses  in  the  prior
 S. 8308--C                         78                         A. 8808--C
 
 state  fiscal  year  for  personal  and non-personal services and fringe
 benefits, to the chair of the public service commission for the  chair's
 review  pursuant to the provisions of section 18-a of the public service
 law.
   §  3.  Expenditures  of  moneys  appropriated  to the office of parks,
 recreation and historic preservation from  the  special  revenue  funds-
 other/state  operations,  miscellaneous special revenue fund-339, public
 service account shall be subject to  the  provisions  of  this  section.
 Notwithstanding  any  other provision of law to the contrary, direct and
 indirect expenses relating  to  the  office  of  parks,  recreation  and
 historic  preservation's participation in general ratemaking proceedings
 pursuant to section 65  of  the  public  service  law  or  certification
 proceedings  or  permits  issued  pursuant to article 7, 8, 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 15th, 2025, the commissioner of the office  of  parks,
 recreation  and historic preservation shall submit an accounting of such
 expenses, including, but not limited to, expenses  in  the  prior  state
 fiscal  year for personal and non-personal services and fringe benefits,
 to the chair of the public service commission  for  the  chair's  review
 pursuant to the provisions of section 18-a of the public service law.
   § 4. Expenditures of moneys appropriated to the department of environ-
 mental  conservation  from  the  special revenue funds-other/state oper-
 ations, environmental conservation  special  revenue  fund-301,  utility
 environmental  regulation  account shall be subject to the provisions of
 this section. Notwithstanding any other provision of law to the  contra-
 ry,  direct and indirect expenses relating to the department of environ-
 mental conservation's participation in state energy policy  proceedings,
 or certification proceedings or permits issued pursuant to article 7, 8,
 or 10 of the public service law, shall be deemed expenses of the depart-
 ment  of public service within the meaning of section 18-a of the public
 service law. No later than August 15th, 2025, the  commissioner  of  the
 department  of  environmental conservation shall submit an accounting of
 such expenses, including, but not limited  to,  expenses  in  the  prior
 state  fiscal  year  for  personal  and non-personal services and fringe
 benefits, to the chair of the public service commission for the  chair's
 review  pursuant to the provisions of section 18-a of the public service
 law.
   § 5. Notwithstanding any other law, rule or regulation to the  contra-
 ry,  expenses  of  the  department  of  health  public service education
 program incurred pursuant to appropriations from  the  cable  television
 account of the state miscellaneous special revenue funds shall be deemed
 expenses of the department of public service. No later than August 15th,
 2025,  the  commissioner  of  the  department  of health shall submit an
 accounting of expenses in the prior state fiscal year to  the  chair  of
 the  public  service  commission  for the chair's review pursuant to the
 provisions of section 217 of the public service law.
   § 6. Any expense deemed to be expenses of  the  department  of  public
 service  pursuant  to sections one through four of this act shall not be
 recovered through assessments imposed  upon  telephone  corporations  as
 defined in subdivision 17 of section 2 of the public service law.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024 and  shall
 expire and be deemed repealed April 1, 2025.
 
                                  PART R
 S. 8308--C                         79                         A. 8808--C
 
                           Intentionally Omitted
 
                                  PART S
 
   Section  1.  Subdivision  3  of  section  54-1511 of the environmental
 conservation law, as added by section 5 of part U of chapter 58  of  the
 laws of 2016, is amended to read as follows:
   3.  State  assistance  payments  shall not exceed fifty percent of the
 project cost or two million dollars, whichever is less, PROVIDED HOWEVER
 IF A MUNICIPALITY MEETS CRITERIA ESTABLISHED BY THE DEPARTMENT  RELATING
 TO  EITHER  FINANCIAL  HARDSHIP OR DISADVANTAGED COMMUNITIES PURSUANT TO
 SECTION 75-0101 OF THIS CHAPTER, THE COMMISSIONER  MAY  AUTHORIZE  STATE
 ASSISTANCE  PAYMENTS  OF UP TO EIGHTY PERCENT OF THE PROJECT COST OR TWO
 MILLION DOLLARS, WHICHEVER IS LESS. Such  costs  are  subject  to  final
 computation and determination by the commissioner upon completion of the
 project, and shall not exceed the maximum eligible cost set forth in the
 contract.    A  DETERMINATION  OF  FINANCIAL  HARDSHIP SHALL BE BASED ON
 CRITERIA THAT CLEARLY INDICATES THAT THE  MUNICIPALITY  IS  EXPERIENCING
 SIGNIFICANT  AND  WIDESPREAD  FINANCIAL DISTRESS, WITH PRIMARY CONSIDER-
 ATION GIVEN TO WHETHER A MUNICIPALITY HAS A MEDIAN HOUSEHOLD  INCOME  AT
 OR BELOW EIGHTY PERCENT OF THE STATE MEDIAN HOUSEHOLD INCOME.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART T

   Section 1. Section 72-0302 of the environmental conservation  law,  as
 amended  by  chapter  608  of the laws of 1993, the opening paragraph of
 subdivision 1 and the closing paragraph as amended by chapter 432 of the
 laws of 1997, and paragraph (e) of subdivision 1 as  amended  and  para-
 graphs  (f) and (g) of subdivision 1 as relettered by chapter 170 of the
 laws of 1994, is amended to read as follows:
 § 72-0302. State air quality control fees.
   1. All persons, except those required  to  pay  a  fee  under  section
 72-0303  of  this  [article] TITLE, who are required to obtain a permit,
 [certificate] REGISTRATION or approval pursuant to the state air quality
 control program AND THE RULES AND REGULATIONS ADOPTED BY THE  DEPARTMENT
 HEREUNDER  shall submit to the department a per emission point fee in an
 amount established as follows:
   a. $11,000.00 for a stationary combustion installation having a  maxi-
 mum  operating heat input equal to or greater than fifty million British
 thermal units per hour as stated on the most recent  application  for  a
 permit  [to  construct or application for a certificate] OR REGISTRATION
 to operate and which emits or has the potential  to  emit  equal  to  or
 greater than any one of the following:
   (i)  one hundred tons per year of oxides of nitrogen, or if located in
 a severe ozone nonattainment area, twenty-five tons per year; or
   (ii) one hundred tons per year of sulfur dioxide; or
   (iii) one hundred tons per year of particulates.
   b. $2,000.00 for all stationary combustion installations which are not
 included under paragraph a of this subdivision and which have a  maximum
 operating  heat  input  greater than fifty million British thermal units
 per hour as stated on the most recent application  for  a  [certificate]
 PERMIT OR REGISTRATION to operate.
 S. 8308--C                         80                         A. 8808--C
 
   c.  $100.00  for a stationary combustion installation having a maximum
 operating heat input less than fifty million British thermal  units  per
 hour as stated on the most recent application for a [certificate] PERMIT
 OR REGISTRATION to operate.
   d.  $2,000.00  for  a  process  air contamination source for an annual
 emission rate equal to or greater than twenty-five tons per year of  any
 one  of  the following: sulfur dioxide, nitrogen dioxide, total particu-
 lates, carbon monoxide,  total  volatile  organic  compounds  and  other
 specific  air contaminants. The annual emission rate shall be the actual
 annual emission rate as stated on the  most  recent  application  for  a
 permit [to construct] or [application for a certificate] REGISTRATION to
 operate.    In the event that hours of operation have not been specified
 on the [applications] APPLICATION then maximum possible hours of  opera-
 tion (8760 hours) will be used to calculate actual annual emissions.
   e.  $160.00  for a process air contamination source, except a gasoline
 [dispencing] DISPENSING site, for an  annual  emission  rate  less  than
 twenty-five  tons  per year of any one of the following: sulfur dioxide,
 nitrogen dioxide, total particulates, carbon  monoxide,  total  volatile
 organic  compounds and other specific air contaminants. The annual emis-
 sion rate shall be the actual annual emission rate as applied for on the
 most recent application for a permit [to construct or application for  a
 certificate]  OR  REGISTRATION  to  operate.  In the event that hours of
 operation have not been specified on the [applications] APPLICATION then
 maximum possible hours of operation (8760 hours) will be used to  calcu-
 late actual annual emissions.
   f.  $2,000.00  for  an  incinerator  capable  of charging two thousand
 pounds of refuse per hour or greater.  The  charging  capacity  will  be
 established  in  accordance  with  the  application  for the most recent
 permit [to construct or application for a certificate]  OR  REGISTRATION
 to  operate the incinerator source and will be calculated on an emission
 point basis.
   g. $160.00 for an incinerator with a maximum  design  charge  rate  of
 less  than two thousand pounds of refuse per hour. The charging capacity
 will be established in accordance with  the  application  for  the  most
 recent  permit [to construct or application for a certificate] OR REGIS-
 TRATION to operate the incinerator source and will be calculated  on  an
 emission point basis.
   Provided,  however,  that  where  a  city  or  county is delegated the
 authority to administer the state air quality control  program,  or  any
 portion  thereof,  pursuant to paragraph p of subdivision two of section
 3-0301 of this chapter and  such  city  or  county  collects  a  fee  in
 connection  with the issuance of a permit, [certificate] REGISTRATION or
 approval [for a combustion  installation,  incinerator  or  process  air
 contamination source] PURSUANT TO THE STATE AIR QUALITY CONTROL PROGRAM,
 no additional liability for fees under this section shall accrue for the
 particular  combustion  installation, incinerator or process air contam-
 ination source that is subject to the delegation.
   § 2. Subdivisions 1 and 2 of  section  72-0303  of  the  environmental
 conservation  law,  subdivision  1  as amended by section 1 of part D of
 chapter 413 of the laws of 1999, the opening paragraph of subdivision  1
 as  amended by section 1 of part Y of chapter 58 of the laws of 2015 and
 subdivision 2 as added by chapter 608 of the laws of 1993,  are  amended
 to read as follows:
   1.  Commencing  January first, two thousand [fifteen] TWENTY-SEVEN and
 every year thereafter, all sources of regulated air contaminants identi-
 fied pursuant to subdivision one of  section  19-0311  of  this  chapter
 S. 8308--C                         81                         A. 8808--C
 
 shall  submit  to the department an annual base fee of [two] EIGHT thou-
 sand five hundred dollars PER FACILITY.  This base fee shall be in addi-
 tion to the fees listed below.    Commencing  January  first,  [nineteen
 hundred   ninety-four]   TWO   THOUSAND   TWENTY-SEVEN  and  every  year
 thereafter, all sources of regulated air contaminants identified  pursu-
 ant  to  subdivision one of section 19-0311 of this chapter shall submit
 to the department an annual fee not to exceed the per ton fees described
 below. The per ton fee is assessed on each ton of emissions [up to seven
 thousand tons annually] of each regulated air  contaminant  as  follows:
 [sixty]  TWO HUNDRED dollars per ton for facilities with total emissions
 less than one thousand tons annually; [seventy] TWO HUNDRED  TWENTY-FIVE
 dollars  per  ton for facilities with total emissions of one thousand or
 more but less than two thousand  tons  annually;  [eighty]  TWO  HUNDRED
 FIFTY  dollars  per ton for facilities with total emissions of two thou-
 sand or more but less than five thousand  tons  annually;  and  [ninety]
 THREE  HUNDRED  dollars  per  ton for facilities with total emissions of
 five thousand or more tons annually.  Such [fee] FEES  shall  be  suffi-
 cient  to  support  an appropriation approved by the legislature for the
 direct and indirect costs associated with the operating  permit  program
 established in section 19-0311 of this chapter. Such [fee] FEES shall be
 established  by  the  department and shall be calculated by dividing the
 amount of the current  year  appropriation  from  the  operating  permit
 program  account of the clean air fund by the total tons of emissions of
 regulated air contaminants, INCLUDING HAZARDOUS AIR POLLUTANTS, that are
 subject to the operating permit program fees from sources subject to the
 operating permit program pursuant to section 19-0311 of this chapter [up
 to seven thousand tons annually of each regulated air  contaminant  from
 each  source]; provided that, in making such calculation, the department
 shall adjust their calculation to account for any deficit or surplus  in
 the  operating  permit program account of the clean air fund established
 pursuant to section ninety-seven-oo of the state finance law[; any  loan
 repayment  from  the  mobile source account of the clean air fund estab-
 lished pursuant to section ninety-seven-oo of the  state  finance  law;]
 and the rate of collection by the department of the bills issued for the
 [fee] FEES for the prior year.
   Notwithstanding  the  provisions of the state administrative procedure
 act, such calculation and [fee] FEES shall be established as a  rule  by
 publication  in  the  Environmental Notice Bulletin no later than thirty
 days after the budget bills making appropriations  for  the  support  of
 government  are  enacted  or July first, whichever is later, of the year
 such [fee] FEES will be effective. In no  event  shall  the  [fee]  FEES
 established herein be any greater than the maximum fee identified pursu-
 ant to this section.
   2.  Bills  issued for the [fee] FEES ESTABLISHED BY SUBDIVISION ONE OF
 THIS SECTION shall be based on actual emissions for the  prior  calendar
 year,  as  demonstrated  to  the  department's  satisfaction,  or in the
 absence of such demonstration, on permitted emissions, or,  where  there
 is  no permit, on potential to emit. Persons required to submit an emis-
 sions statement to the department shall use  such  statement  to  demon-
 strate actual emissions under this section.
   §  3.  Subdivision 7 of section 72-0303 of the environmental conserva-
 tion law is REPEALED.
   § 4. Subdivisions 8, 9 and 10 of section 72-0303 of the  environmental
 conservation law are renumbered subdivisions 7, 8 and 9.
   §  5.  Paragraph  c  of  subdivision  2  of section 97-oo of the state
 finance law, as added by chapter 608 of the laws of 1993, is REPEALED.
 S. 8308--C                         82                         A. 8808--C
 
   § 6. The environmental conservation law is amended  by  adding  a  new
 section 19-0328 to read as follows:
 § 19-0328. OZONE NON-ATTAINMENT FEE PROGRAMS.
   1.  THE  DEPARTMENT MAY IMPLEMENT NEW OR REVISE EXISTING REGULATORY OR
 PERMITTING FEE PROGRAMS ONLY TO THE  EXTENT  NECESSARY  TO  COMPLY  WITH
 SECTION 7511D OF THE ACT RELATED TO THE NON-ATTAINMENT OF NATIONAL AMBI-
 ENT AIR QUALITY STANDARDS.
   2.  FEES  IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE
 CALCULATED IN THE MANNER SET FORTH IN THE ACT.
   3. THE DEPARTMENT SHALL FURTHER ESTABLISH BY RULE OR RULES  ADDITIONAL
 PROCEDURES  TO  THE EXTENT NECESSARY FOR ASSESSMENT OF AND COLLECTION OF
 SUCH FEES THAT SHALL ENSURE SUFFICIENT NOTICE, FEE AMOUNTS  AND  COMPLI-
 ANCE INFORMATION ARE GIVEN TO AFFECTED PARTIES.
   4.  MONEYS RECEIVED PURSUANT TO THIS SECTION SHALL BE DEPOSITED IN THE
 AIR QUALITY IMPROVEMENT FUND AS ESTABLISHED IN SECTION NINETY-NINE-RR OF
 THE STATE FINANCE LAW.
   § 7. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. AIR QUALITY IMPROVEMENT FUND. 1. THERE IS HEREBY  ESTABLISHED
 IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION
 AND FINANCE A FUND TO BE KNOWN AS THE "AIR QUALITY IMPROVEMENT FUND".
   2.  SUCH FUND SHALL CONSIST OF REVENUES RECEIVED BY THE STATE PURSUANT
 TO SECTION 19-0328 OF THE ENVIRONMENTAL CONSERVATION LAW AND  ALL  OTHER
 MONEYS,  APPROPRIATED,  CREDITED,  OR TRANSFERRED THERETO FROM ANY OTHER
 FUND OR SOURCE PURSUANT TO LAW.
   3. ALL MONEYS OF THE AIR QUALITY IMPROVEMENT FUND, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE, SHALL BE MADE AVAILABLE FOR  THE  PURPOSES  OF
 REDUCING  AIR  POLLUTION  AND  IMPROVING  OR  ENHANCING  AIR  QUALITY IN
 AFFECTED COMMUNITIES, INCLUDING BUT NOT LIMITED TO: (A) MEASURES RELATED
 TO ACHIEVING THE  NATIONAL  AMBIENT  AIR  QUALITY  STANDARDS,  INCLUDING
 COMMUNITY  LEVEL  PROJECTS  TO  REDUCE  OR  ELIMINATE AIR POLLUTION FROM
 STATIONARY AND/OR MOBILE SOURCES OF AIR POLLUTION; AND  (B)  INVESTMENTS
 WHICH  ARE  CONSISTENT  WITH  THE  STRATEGIES  AND  COMMUNITY  EMISSIONS
 REDUCTION PROGRAMS PREPARED PURSUANT TO SECTION 75-0115 OF THE  ENVIRON-
 MENTAL  CONSERVATION LAW. ANY MONEYS EXPENDED FROM THE FUND SHALL ENSURE
 THAT DISADVANTAGED  COMMUNITIES,  AS  DEFINED  IN  SUBDIVISION  FIVE  OF
 SECTION  75-0101  OF THE ENVIRONMENTAL CONSERVATION LAW, RECEIVE OVERALL
 BENEFITS THAT APPROXIMATE THE PROPORTION OF DISADVANTAGED COMMUNITIES IN
 THE APPLICABLE FEDERALLY DESIGNATED AREA OF NONATTAINMENT IN  NEW  YORK,
 PROVIDED  THAT  SUCH COMMUNITIES SHALL NOT RECEIVE LESS THAN THIRTY-FIVE
 PERCENT OF THE BENEFIT OF SUCH FUNDS.
   4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.
   § 8. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024; provided,
 however,  if  this  act  shall have become a law after such date then it
 shall take effect immediately and shall be deemed to have been in   full
 force  and  effect  on  and after April 1, 2024; provided, however, that
 sections one, three, four, and five of this act shall take effect  Janu-
 ary 1, 2025; and provided further, however, that section two of this act
 shall take effect January 1, 2027.
 
                                  PART U
 
                           Intentionally Omitted
 S. 8308--C                         83                         A. 8808--C
 
                                  PART V
 
   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 DD of
 chapter 58 of the laws of 2022, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on July 1, [2024] 2026; 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 W
 
   Section  1.  Paragraph  (f)  of subdivision 1 of section 1977-a of the
 public authorities law, as amended by section 1 of part EE of chapter 58
 of the laws of 2023, is amended to read as follows:
   (f) Additional authorizations. For the purpose  of  financing  capital
 costs  in  connection  with  a  program  of infrastructure construction,
 improvements and other capital expenditures for the  project  area,  the
 authority  may, in addition to the authorizations contained elsewhere in
 this title, borrow money by issuing bonds  and  notes  in  an  aggregate
 principal  amount  not  exceeding  [one  billion  five  hundred  million
 dollars] TWO BILLION FIVE HUNDRED  MILLION  DOLLARS,  plus  a  principal
 amount  of  bonds  or  notes issued (i) to fund any related debt service
 reserve fund, (ii) to provide capitalized interest, and (iii) to provide
 for fees and other charges  and  expenses  including  any  underwriters'
 discounts, related to the issuance of such bonds or notes, all as deter-
 mined  by  the  authority,  excluding  bonds  and notes issued to refund
 outstanding bonds and notes issued pursuant to this section.
   § 2. This act shall take effect immediately.
 
                                  PART X
 
   Section 1. Subdivision 6 of section 211 of  the  economic  development
 law,  as  amended by chapter 294 of the laws of 2019, is amended to read
 as follows:
   6. Grants made pursuant to  this  section  shall  be  subject  to  the
 following limitations:
   (a)  no  grant  shall  be  made to any one or any consortium of career
 education agencies and not-for-profit corporations  in  excess  of  [one
 hundred seventy-five] TWO HUNDRED FIFTY thousand dollars; and
   (b)  each grant shall be disbursed for payment of the cost of services
 and expenses of the program director, the instructors of the participat-
 ing career education agency or not-for-profit corporation,  the  faculty
 and  support  personnel  thereof  and any other person in the service of
 providing instruction and counseling in furtherance of the program.
   § 2. This act shall take effect immediately.
 
                                  PART Y

   Section 1. The opening paragraph of subdivision (h) of section 121  of
 chapter  261  of  the  laws  of 1988, amending the state finance law and
 S. 8308--C                         84                         A. 8808--C
 
 other laws relating to the New York state infrastructure trust fund,  as
 amended  by  chapter  96  of  the  laws  of  2019, is amended to read as
 follows:
   The  provisions  of  sections  sixty-two through sixty-six of this act
 shall expire and be deemed  repealed  on  [December  thirty-first]  JULY
 FIRST, two thousand [twenty-four] TWENTY-FIVE, except that:
   § 2. This act shall take effect immediately.
 
                                  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 JJ of chapter 58 of the
 laws of 2023, 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, [2024] 2025.
   § 2. This act shall take effect immediately.
 
                                  PART AA
 
   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 GG of chapter 58 of the laws  of  2023,  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, [2024]  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.
 
                                  PART BB
 
   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 U of chapter 58 of the laws of 2023, 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, [2024] 2025 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 CC
 
                           Intentionally Omitted
 S. 8308--C                         85                         A. 8808--C
 
                                  PART DD
 
                           Intentionally Omitted

                                  PART EE
 
   Section  1.    Subparagraph (B) of paragraph 15-a of subsection (i) of
 section 3216 of the insurance law, as amended by section 1 of  part  DDD
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with  those  established  for  other  benefits  within  a  given policy;
 provided, however, [the total amount] that [a covered person is required
 to pay out of pocket for] covered prescription insulin drugs  shall  [be
 capped  at  an  amount  not to exceed one hundred dollars per thirty-day
 supply, regardless of the amount or type of insulin needed to fill  such
 covered  person's  prescription  and regardless of the insured's] NOT BE
 SUBJECT TO A deductible, copayment, coinsurance or any other cost  shar-
 ing requirement.
   § 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
 of  the insurance law, as amended by section 2 of part DDD of chapter 56
 of the laws of 2020, is amended to read as follows:
   (B) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 provided, however, [the total amount] that [a covered person is required
 to  pay  out of pocket for] covered prescription insulin drugs shall [be
 capped at an amount not to exceed one  hundred  dollars  per  thirty-day
 supply,  regardless of the amount or type of insulin needed to fill such
 covered person's prescription and regardless of the  insured's]  NOT  BE
 SUBJECT  TO A deductible, copayment, coinsurance or any other cost shar-
 ing requirement.
   § 3.  Paragraph 2 of subsection (u) of section 4303 of  the  insurance
 law,  as  amended  by section 3 of part DDD of chapter 56 of the laws of
 2020, is amended to read as follows:
   (2) Such coverage may be subject to annual deductibles and coinsurance
 as may be deemed appropriate by the superintendent and as are consistent
 with those  established  for  other  benefits  within  a  given  policy;
 provided, however, [the total amount] that [a covered person is required
 to  pay  out of pocket for] covered prescription insulin drugs shall [be
 capped at an amount not to exceed one  hundred  dollars  per  thirty-day
 supply,  regardless of the amount or type of insulin needed to fill such
 covered person's prescription and regardless of the  insured's]  NOT  BE
 SUBJECT  TO A deductible, copayment, coinsurance or any other cost shar-
 ing requirement.
   § 4.  This act shall take effect January 1, 2025 and  shall  apply  to
 any policy or contract issued, renewed, modified, altered, or amended on
 or after such date.
 
                                  PART FF
 
                           Intentionally Omitted
 
                                  PART GG
 S. 8308--C                         86                         A. 8808--C
 
                           Intentionally Omitted
 
                                  PART HH
 
                           Intentionally Omitted
 
                                  PART II
 
                           Intentionally Omitted
 
                                  PART JJ
 
                           Intentionally Omitted
 
                                  PART KK
 
   Section  1.  Section  4  of  part WW of chapter 56 of the laws of 2022
 amending the public officers law relating to permitting  videoconferenc-
 ing  and  remote  participation in public meetings under certain circum-
 stances, is amended to read as follows:
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed July 1, [2024] 2026.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section 1. Paragraph 2 of subsection (f) of section 1308 of the insur-
 ance law, as amended by section 2 of chapter 802 of the laws of 1985, is
 amended to read as follows:
   (2)  Any  domestic life insurance company proposing to assume by rein-
 surance all or any part of the business in force, other than portions of
 individual risks, of any  domestic,  foreign  or  alien  life  insurance
 company,   fraternal   benefit  society  or  other  organization  having
 outstanding policies or certificates of life insurance or  accident  and
 health  insurance or annuity contracts shall make written application to
 the superintendent for permission to do so. If after  due  consideration
 the  superintendent  is satisfied that the proposed reinsurance will not
 prejudice the interests of the policyholders of either the applicant  or
 the  companies  [which]  THAT are members of The Life Insurance Guaranty
 Corporation or of The Life AND HEALTH Insurance Company Guaranty  Corpo-
 ration of New York, [he] THE SUPERINTENDENT shall grant the permission.
   §  2.  Paragraph  1 of subsection (a) of section 7434 of the insurance
 law, as amended by chapter 134 of the laws of 1999, is amended  to  read
 as follows:
   (1)  Upon  the  recommendation  of  the  superintendent, and under the
 direction of the court, distribution payments shall be made in a  manner
 that  will  assure the proper recognition of priorities and a reasonable
 balance between the expeditious completion of the  liquidation  and  the
 protection  of  unliquidated  and  undetermined  claims. The priority of
 distribution of claims from  an  insolvent  [property/casualty]  insurer
 OTHER  THAN  A  LIFE  INSURER  in any proceeding subject to this article
 shall be in accordance with the order in which each class of  claims  is
 S. 8308--C                         87                         A. 8808--C
 
 set  forth  in  this  paragraph and as provided in this paragraph. Every
 claim in each class shall be paid in full or adequate funds retained for
 such payment before the members of the next class receive  any  payment.
 No  subclasses  shall  be  established  within  any class. No claim by a
 shareholder, policyholder  or  other  creditor  shall  be  permitted  to
 circumvent  the  priority classes through the use of equitable remedies.
 The order of distribution of claims shall be:
   [(i)] (A) Class one. Claims with respect to the actual  and  necessary
 costs  and expenses of administration, incurred by the liquidator, reha-
 bilitator or conservator under this article.
   [(ii)] (B) Class two. All claims under policies including such  claims
 of  the  federal  or  any state or local government for losses incurred,
 third party claims, claims for unearned premiums, and all  claims  of  a
 security  fund,  guaranty  association  or  the equivalent except claims
 arising under reinsurance contracts.
   [(iii)] (C) Class three. Claims of the federal government except those
 under class two above.
   [(iv)] (D) Class four. Claims for  wages  owing  to  employees  of  an
 insurer  against  whom  a proceeding under this article is commenced for
 services rendered within one year before commencement of the proceeding,
 not exceeding one thousand two hundred dollars  to  each  employee,  and
 claims  for  unemployment  insurance  contributions  required by article
 eighteen of the labor law. Such priority shall be in lieu of  any  other
 similar priority which may be authorized by law.
   [(v)]  (E)  Class  five.  Claims of state and local governments except
 those under class two above.
   [(vi)] (F) Class six. Claims of general creditors including,  but  not
 limited to, claims arising under reinsurance contracts.
   [(vii)]  (G)  Class seven. Claims filed late or any other claims other
 than claims under class eight or class nine below.
   [(viii)] (H) Class eight. Claims for advanced or borrowed  funds  made
 pursuant to section one thousand three hundred seven of this chapter.
   [(ix)] (I) Class nine. Claims of shareholders or other owners in their
 capacity as shareholders.
   §  3.  Paragraphs  1  and  4  of subsection (a) of section 7435 of the
 insurance law, as added by chapter 802 of the laws of 1985, are  amended
 to read as follows:
   (1)  Class  one. Claims with respect to the actual and necessary costs
 and expenses of administration, incurred by the liquidator,  rehabilita-
 tor,  conservator  or  ancillary rehabilitator under this article, or by
 The Life Insurance Guaranty Corporation or The Life AND HEALTH Insurance
 Company Guaranty Corporation  of  New  York,  and  claims  described  in
 subsection  (d) of section seven thousand seven hundred thirteen of this
 chapter.
   (4) Class four. All claims under insurance policies, annuity contracts
 and funding agreements, and all claims of The Life AND HEALTH  Insurance
 Company  Guaranty  Corporation  of New York or any other guaranty corpo-
 ration or association of this state or another jurisdiction, other  than
 [(i)]  claims  provided  for  in paragraph one of this subsection[,] and
 [(ii)] claims for interest.
   § 4. Paragraph 2 of subsection (c) of section 7709  of  the  insurance
 law,  as  amended  by section 10 of subpart D of part Y of chapter 57 of
 the laws of 2023, is amended to read as follows:
   (2) The amount of any class  B  or  class  C  assessment,  except  for
 assessments  related to long-term care insurance, shall be allocated for
 assessment purposes among the accounts in the proportion that the premi-
 S. 8308--C                         88                         A. 8808--C
 
 ums received by the impaired or insolvent insurer  on  the  policies  or
 contracts  covered  by each account for the last calendar year preceding
 the assessment in which  the  impaired  or  insolvent  insurer  received
 premiums  bears to the premiums received by such insurer for such calen-
 dar year on all covered policies. The amount of any class B or  class  C
 assessment  for  long-term  care  insurance  written  by the impaired or
 insolvent insurer shall be allocated according to a methodology included
 in the plan of operation and approved by the superintendent.  The  meth-
 odology  shall  provide  for fifty percent of the assessment to be allo-
 cated to health insurance company member insurers and fifty  percent  to
 be allocated to life insurance company member insurers; provided, howev-
 er,  that a property/casualty insurer that writes health insurance shall
 be considered a health insurance company member for this purpose.  Class
 B and class C assessments against member insurers for each account shall
 be in the proportion that the premiums  received  on  business  in  this
 state  by  each  assessed  member  insurer  on  policies covered by each
 account for the three calendar years preceding the assessment  bears  to
 such premiums received on business in this state for such calendar years
 by  all  assessed  member  insurers.    CLASS  B AND CLASS C ASSESSMENTS
 AGAINST MEMBER INSURERS  FOR  THE  HEALTH  INSURANCE  ACCOUNT  SHALL  BE
 FURTHER REDUCED FOR NOT-FOR-PROFIT MEMBER INSURERS PURSUANT TO A METHOD-
 OLOGY  INCLUDED IN THE PLAN OF OPERATION AND APPROVED BY THE SUPERINTEN-
 DENT.  SUCH METHODOLOGY SHALL REDUCE THE ASSESSMENTS IMPOSED ON NOT-FOR-
 PROFIT  MEMBER  INSURERS  IN  AN  AMOUNT  THAT,  WHEN   ACCOUNTING   FOR
 APPROPRIATE FACTORS, INCLUDING THE VALUE OF THE TAX CREDITS AND A FACTOR
 FOR  THE TIME VALUE OF MONEY, RESULTS IN A PERCENTAGE OF NET ASSESSMENTS
 TO PREMIUMS THAT IS EQUIVALENT FOR NOT-FOR-PROFIT  MEMBER  INSURERS  AND
 FOR-PROFIT MEMBER INSURERS.
   § 5. Section 7712 of the insurance law, as added by chapter 802 of the
 laws  of  1985,  subsection (a) as amended by section 11 of subpart D of
 part Y of chapter 57 of the laws of 2023, is amended to read as follows:
   § 7712. Credits for assessments paid.  (a)  The  superintendent  shall
 annually[,  within six months following the close of each calendar year,
 furnish to the commissioner of taxation and finance and the director  of
 the division of the budget a statement of operations for the life insur-
 ance  guaranty  corporation  and  the  life and health insurance company
 guaranty corporation of New York. Such statement shall show the  assess-
 ments,  less  any refunds or reimbursements thereof, paid by each insur-
 ance company pursuant to the  provisions  of  article  seventy-five  or]
 ISSUE  A CERTIFICATE OF TAX CREDIT FOR NET CLASS A ASSESSMENTS PAID, AND
 A SEPARATE CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS B AND  CLASS  C
 ASSESSMENTS  PAID,  AS  SUCH  ASSESSMENTS ARE DESCRIBED IN section seven
 thousand seven hundred nine of this article, [for the purposes of  meet-
 ing  the requirements of this chapter. Each statement, starting with the
 statement furnished in the year nineteen hundred eighty-six  and  ending
 with  the  statement  furnished in the year two thousand, shall show the
 annual activity for every year commencing from nineteen hundred  eighty-
 five through the most recently completed year.  Each statement furnished
 in  each year after the year two thousand shall reflect such assessments
 paid during the preceding fifteen  calendar  years.  The  superintendent
 shall  also  furnish a copy of such statement to each such] TO AN insur-
 ance company THAT IS REQUIRED TO FILE A TAX RETURN PURSUANT  TO  ARTICLE
 THIRTY-THREE  OF  THE  TAX  LAW.    THE  SUPERINTENDENT SHALL ISSUE SUCH
 CERTIFICATES BY MARCH THIRTY-FIRST OF THE YEAR  FOLLOWING  THE  YEAR  IN
 WHICH  THE  CLASS  A, B, AND C ASSESSMENTS ARE PAID OR TO WHICH THEY ARE
 ALLOCATED PURSUANT TO THE PROVISIONS OF SUBSECTION (C) OF THIS  SECTION.
 S. 8308--C                         89                         A. 8808--C
 
 FOR  THE  PURPOSES  OF THIS SECTION, AN INSURANCE COMPANY'S "NET CLASS A
 ASSESSMENTS PAID" SHALL MEAN ITS GROSS CLASS A ASSESSMENTS PAID PURSUANT
 TO THE PROVISIONS OF ARTICLE  SEVENTY-FIVE  OR  SECTION  SEVEN  THOUSAND
 SEVEN  HUNDRED  NINE  OF  THIS ARTICLE, LESS ANY REFUNDS, RECOVERIES, OR
 REIMBURSEMENTS, AND AN INSURANCE COMPANY'S "TOTAL NET CLASS B AND  CLASS
 C ASSESSMENTS PAID" SHALL MEAN ITS GROSS CLASS B AND CLASS C ASSESSMENTS
 PAID PURSUANT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OR SECTION SEVEN
 THOUSAND  SEVEN  HUNDRED  NINE OF THIS ARTICLE, LESS ANY REFUNDS, RECOV-
 ERIES, OR REIMBURSEMENTS.
   (b) The [maximum authorized] CERTIFICATES  OF  TAX  credit  [for  each
 company in respect of the assessments paid during the most recent calen-
 dar  year  covered by such statement] shall [be] SET FORTH THE AMOUNT OF
 TAX CREDIT AN INSURANCE COMPANY MAY CLAIM as follows:
   (1) [if the sum of the net assessments paid by all  companies  in  the
 period  reported  on  in  the  statement  of  operations  required to be
 furnished by the superintendent pursuant to the provisions of subsection
 (a) of this section is less than one hundred million  dollars,  no  such
 credits  shall  be authorized] FOR NET CLASS A ASSESSMENTS, THE ELIGIBLE
 CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
 COMPANY'S NET CLASS A ASSESSMENTS PAID; AND
   (2) [(A) if the sum  of  such  net  assessments  exceeds  one  hundred
 million  dollars,  the  maximum  authorized credit for each company with
 respect to net assessments paid by such company in any year shall be the
 excess, if any, of (i) over (ii), where (i) is the sum of such company's
 tentative cross-over year credit and its tentative  credits  for  subse-
 quent years, both as determined pursuant to subparagraphs (B) and (C) of
 this  paragraph,  and (ii) is the sum of the maximum credits theretofore
 authorized for the years covered by such statement, to and including the
 most recently completed year, determined with reference to  the  periods
 covered by all prior such statements.
   (B)  Such  company's  tentative cross-over year credit shall be eighty
 per centum of the product of (i) and (ii),  where  (i)  is  the  sum  of
 assessments paid by such company during the cross-over year, and (ii) is
 a  fraction,  the  numerator  of  which  is  the excess over one hundred
 million dollars of the sum of net  assessments  paid  by  all  companies
 during  such  period  and  the  denominator  of  which is the sum of net
 assessments paid by such  companies  during  the  cross-over  year.  For
 purposes of this paragraph, the cross-over year is the first year during
 the  period  covered by such statement in which the net assessments paid
 by all companies during such period exceeded one hundred million dollars
 in whole or in part.
   (C) Such company's tentative credit for each year  subsequent  to  the
 cross-over  year  shall be eighty per centum of the net assessments paid
 by such company during such year.
   (3) For the purposes of this  section,  net  assessments  means  gross
 assessments,  less  any  recoveries  or  reimbursements, paid during the
 period covered by the most recent statement of operations  furnished  by
 the  superintendent pursuant to the provisions of subsection (a) of this
 section] FOR TOTAL NET CLASS B AND CLASS  C  ASSESSMENTS,  THE  ELIGIBLE
 CREDIT AMOUNT SHALL BE EQUAL TO THE PRODUCT OF EIGHTY PER CENTUM AND THE
 COMPANY'S  TOTAL  NET  CLASS  B AND CLASS C ASSESSMENTS PAID, SUBJECT TO
 SUBSECTION (C) OF THIS SECTION.
   (C)(1) THE AGGREGATE AMOUNT OF TAX CREDITS PURSUANT  TO  THIS  SECTION
 FOR  TOTAL  NET  CLASS  B  AND CLASS C ASSESSMENTS IN EACH CALENDAR YEAR
 SHALL NOT EXCEED ONE HUNDRED FIFTY MILLION DOLLARS.   THE AGGREGATE  TAX
 CREDIT AMOUNT SHALL BE ALLOCATED ANNUALLY BY THE SUPERINTENDENT ON A PRO
 S. 8308--C                         90                         A. 8808--C
 
 RATA  BASIS  TO  EACH  COMPANY REQUIRED TO FILE A TAX RETURN PURSUANT TO
 ARTICLE THIRTY-THREE OF THE TAX LAW.
   (2)  THE  SUPERINTENDENT  SHALL  ALLOCATE  ANY  TAX CREDIT AMOUNT THAT
 EXCEEDS THE ANNUAL CREDIT CAP OF ONE HUNDRED FIFTY  MILLION  DOLLARS  TO
 THE  FOLLOWING  CALENDAR  YEAR AND INCLUDE SUCH AMOUNT WITHIN THE CALCU-
 LATION OF THE ELIGIBLE CREDIT AMOUNT SUBJECT  TO  THE  AGGREGATE  CREDIT
 AMOUNT FOR THE SUCCEEDING CALENDAR YEAR BY THE SUPERINTENDENT.
   (3)  FOR  COMPANIES  ISSUED  A CERTIFICATE OF TAX CREDIT FOR TOTAL NET
 CLASS B AND CLASS C ASSESSMENTS, SUCH ANNUAL CERTIFICATE SHALL SET FORTH
 AN AMOUNT EQUAL TO THIRTY-THREE AND ONE-THIRD PER CENTUM OF  THE  AMOUNT
 CALCULATED  UNDER  SUBSECTION (B) OF THIS SECTION AND ALLOCATED PURSUANT
 TO PARAGRAPH ONE OF THIS SUBSECTION. THE AMOUNT ON  THE  CERTIFICATE  OF
 TAX  CREDIT  SHALL  BE  ELIGIBLE  TO BE CLAIMED IN THE TAXABLE YEAR THAT
 BEGINS IN THE CALENDAR YEAR THAT SUCH  CERTIFICATE  IS  ISSUED.  THIRTY-
 THREE  AND  ONE-THIRD  PER CENTUM OF SUCH AMOUNT SHALL BE ELIGIBLE TO BE
 CLAIMED IN EACH OF THE TWO TAXABLE YEARS FOLLOWING SUCH TAXABLE YEAR.
   (D)(1) THE SUPERINTENDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER
 OF TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF  TAX  CREDIT  FOR  NET
 CLASS A ASSESSMENTS, AND A CERTIFICATE OF TAX CREDIT FOR TOTAL NET CLASS
 B  AND CLASS C ASSESSMENTS. EACH CERTIFICATE SHALL CONTAIN SUCH INFORMA-
 TION AS REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE,  INCLUDING
 A CERTIFICATE DATE.
   (2) THE SUPERINTENDENT SHALL SOLELY DETERMINE THE TAX CREDIT ELIGIBIL-
 ITY  OF  ANY  INSURANCE  COMPANY AND SHALL REVOKE ANY CERTIFICATE OF TAX
 CREDIT ISSUED TO AN INSURANCE COMPANY THAT NO LONGER QUALIFIES FOR A TAX
 CREDIT. THE SUPERINTENDENT SHALL MODIFY THE AMOUNT OF THE  CREDIT  SHOWN
 ON ANY SUCH CERTIFICATE IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNT
 CERTIFIED UNDER SUBSECTION (B) OF THIS SECTION WAS NOT COMPUTED PROPERLY
 PURSUANT TO THIS SECTION.
   (3)  TO  BE  ISSUED A CERTIFICATE OF TAX CREDIT BY THE SUPERINTENDENT,
 EACH INSURANCE COMPANY SHALL:
   (A) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 INSURANCE COMPANY'S TAX INFORMATION RELEVANT TO  THE  ADMINISTRATION  OF
 THIS  SECTION  WITH  THE SUPERINTENDENT. HOWEVER, ANY INFORMATION SHARED
 WITH THE SUPERINTENDENT AS A RESULT OF THIS SECTION SHALL NOT BE  AVAIL-
 ABLE FOR PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC
 OFFICERS LAW;
   (B) ALLOW THE SUPERINTENDENT AND THE CORPORATION ACCESS TO ANY AND ALL
 BOOKS AND RECORDS THE SUPERINTENDENT OR CORPORATION MAY REQUIRE TO MONI-
 TOR COMPLIANCE WITH THIS SECTION; AND
   (C) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE SUPER-
 INTENDENT RELEVANT TO THIS SECTION.
   §  6.  Subdivision  (f)  of section 1511 of the tax law, as amended by
 chapter 803 of the laws of 1985, paragraph 1 as amended by  chapter  217
 of  the laws 2012, subparagraph (B) of paragraph 3 as further amended by
 section 104 of part A of chapter 62 of the laws of 2011 and paragraph  5
 as amended by section 9 of part H3 of chapter 62 of the laws of 2003, is
 amended to read as follows:
   (f)  Credit relating to life AND HEALTH insurance guaranty corporation
 assessments.  [A] (1) ALLOWANCE OF CREDIT. FOR TAXABLE  YEARS  BEGINNING
 ON  OR  AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A credit shall be
 allowed against the tax imposed pursuant to  this  article  (other  than
 section  fifteen  hundred five-a of this article)[, for a portion of the
 assessments paid by a  taxpayer  pursuant  to  article  seventy-five  or
 section  seven  thousand  seven  hundred  nine of the insurance law. The
 S. 8308--C                         91                         A. 8808--C

 credit shall be determined in accordance with the following  provisions]
 AS HEREINAFTER PROVIDED.
   [(1)]  (2)  AMOUNT  OF  CREDIT. The [maximum authorized] AMOUNT OF THE
 credit for each taxpayer shall [be determined as provided in] EQUAL  THE
 AMOUNT  SHOWN  ON THE CERTIFICATE OF TAX CREDIT, OR THE AMOUNTS SHOWN ON
 SUCH CERTIFICATES, ISSUED TO SUCH TAXPAYER  PURSUANT  TO  section  seven
 thousand  seven  hundred  twelve  of the insurance law.  WITH RESPECT TO
 EACH SUCH CERTIFICATE, THE AMOUNT OF THE CREDIT MUST BE CLAIMED  IN  THE
 TAXABLE  YEAR  THAT BEGINS IN THE CALENDAR YEAR THAT SUCH CERTIFICATE IS
 ISSUED.
   [(2) Thirty-three and one-third per centum of the  maximum  authorized
 credit for the second calendar year preceding the taxable year, plus any
 amount carried forward under subparagraph (C) of paragraph three of this
 subdivision or paragraph four of this subdivision, shall be allowed as a
 credit  under  this  subdivision for such taxable year, and thirty-three
 and one third per centum of such  maximum  authorized  credit  for  such
 second  preceding  calendar  year, plus any amount carried forward under
 subparagraph (C) of this subdivision or paragraph four of this  subdivi-
 sion,  shall  be allowed in each of the two taxable years following such
 taxable year.]
   (3) [(A) For each calendar year for which a credit has been authorized
 pursuant to section seven thousand seven hundred twelve of the insurance
 law, the commissioner of taxation and finance shall determine the  total
 tax  liability  of  all  life insurance corporations under this article,
 other than under section fifteen hundred five-a of this article,  before
 the  application  of  any  credits allowed pursuant to this section, for
 taxable years beginning in such calendar year. Such total tax  liability
 shall  be published in the state register on or before the thirtieth day
 of September of the next succeeding calendar year.
   (B) The credit allowed under paragraph two  of  this  subdivision  for
 each taxpayer shall not exceed the product of (x) and (y) where (x) is a
 fraction,  the  numerator  of  which is the sum of the gross assessments
 paid by the particular taxpayer during the calendar year for  which  the
 credit  has  been  authorized and the denominator of which is the sum of
 the gross assessments paid by all companies during such  year,  both  as
 shown in the most recent statement of operations furnished by the super-
 intendent  of  financial  services under subsection (a) of section seven
 thousand seven hundred twelve of the insurance law and both the  numera-
 tor  and  denominator  being  reduced, as appropriate, by any refunds or
 reimbursements and (y) is the greater of (i) forty  per  centum  of  the
 total  tax  liability published by the commissioner pursuant to subpara-
 graph (A) of this paragraph and (ii) forty million dollars.
   (C) The amount by which the allowable credit computed  without  refer-
 ence  to  the limitation contained in subparagraph (B) of this paragraph
 exceeds the allowable credit for such  taxable  year  shall  be  carried
 forward as a credit under paragraph two of this subdivision.
   (D)  With  respect  to  estimated  taxes payable under section fifteen
 hundred fourteen of this article any increase in estimated taxes due  to
 the  limitation imposed by this paragraph shall be deemed timely paid if
 paid on or before the fifteenth day of December next following the  date
 specified  in subparagraph (A) of this paragraph.] CARRYOVER. THE CREDIT
 ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR SHALL NOT REDUCE THE
 TAX DUE FOR SUCH YEAR TO LESS THAN THE MINIMUM FIXED BY  PARAGRAPH  FOUR
 OF  SUBDIVISION  (A)  OF  SECTION FIFTEEN HUNDRED TWO OF THIS ARTICLE OR
 SECTION FIFTEEN HUNDRED TWO-A OF THIS ARTICLE, WHICHEVER IS  APPLICABLE.
 HOWEVER,  IF  THE  AMOUNT OF CREDIT ALLOWABLE UNDER THIS SUBDIVISION FOR
 S. 8308--C                         92                         A. 8808--C
 
 ANY TAXABLE YEAR REDUCES THE TAX TO SUCH AMOUNT, ANY  AMOUNT  OF  CREDIT
 NOT DEDUCTIBLE IN SUCH TAXABLE YEAR MAY BE CARRIED OVER TO THE FOLLOWING
 YEAR  OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR SUCH YEAR
 OR YEARS.
   (4) [If for any taxable year the credits allowable under paragraph two
 of  this  subdivision determined without regard to this paragraph exceed
 the taxpayer's liability for taxes under this article  for  the  taxable
 year  after  the allowance of all other credits under this section, then
 the sum of two hundred fifty dollars and the amount by which such  cred-
 its  under  this  subdivision exceed such tax liability shall be carried
 forward as a credit under paragraph two  of  this  subdivision  for  the
 taxable  year next following.] ELIGIBILITY. TO BE ELIGIBLE FOR THE CRED-
 IT, THE TAXPAYER SHALL HAVE BEEN ISSUED A CERTIFICATE, OR  CERTIFICATES,
 OF  TAX  CREDIT  BY  THE  DEPARTMENT  OF  FINANCIAL SERVICES PURSUANT TO
 SECTION SEVEN THOUSAND SEVEN HUNDRED TWELVE OF THE INSURANCE  LAW,  EACH
 OF  WHICH CERTIFICATES SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY
 BE CLAIMED AND THE CERTIFICATE DATE. A TAXPAYER THAT IS A PARTNER  IN  A
 PARTNERSHIP,  MEMBER  OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN A
 SUBCHAPTER S CORPORATION THAT HAS RECEIVED  A  CERTIFICATE,  OR  CERTIF-
 ICATES,  OF TAX CREDIT SHALL BE ALLOWED ITS PRO RATA SHARE OF THE CREDIT
 EARNED BY THE PARTNERSHIP, LIMITED LIABILITY  COMPANY  OR  SUBCHAPTER  S
 CORPORATION.
   (5)  [No  credit allowed pursuant to this subdivision shall reduce the
 tax payable by any taxpayer under this article for any taxable  year  to
 an  amount less than the minimum tax fixed by paragraph four of subdivi-
 sion (a) of section fifteen hundred  two  of  this  article  or  section
 fifteen  hundred  two-a  of  this article, whichever is applicable.] TAX
 RETURN REQUIREMENT. THE TAXPAYER IS REQUIRED TO  INCLUDE  WITH  ITS  TAX
 RETURN  IN  THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF RECEIPT OF
 ITS CERTIFICATE, OR CERTIFICATES, OF TAX CREDIT ISSUED BY THE DEPARTMENT
 OF FINANCIAL SERVICES.
   (6) INFORMATION SHARING. NOTWITHSTANDING ANY PROVISION OF  THIS  CHAP-
 TER,  EMPLOYEES  OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE DEPART-
 MENT SHALL BE ALLOWED AND ARE DIRECTED TO SHARE AND EXCHANGE:
   (A) INFORMATION REGARDING THE CREDIT ALLOWED OR  CLAIMED  PURSUANT  TO
 THIS SUBDIVISION AND TAXPAYERS THAT ARE CLAIMING THE CREDIT; AND
   (B)  INFORMATION  CONTAINED  IN  OR  DERIVED  FROM  CREDIT CLAIM FORMS
 SUBMITTED TO THE  DEPARTMENT.  ALL  INFORMATION  EXCHANGED  BETWEEN  THE
 DEPARTMENT OF FINANCIAL SERVICES AND THE DEPARTMENT SHALL NOT BE SUBJECT
 TO PUBLIC DISCLOSURE OR INSPECTION UNDER ARTICLE SIX OF THE PUBLIC OFFI-
 CERS LAW.
   (7)  CREDIT  RECAPTURE.  IF  A CERTIFICATE OF TAX CREDIT ISSUED BY THE
 DEPARTMENT OF FINANCIAL SERVICES  UNDER  SECTION  SEVEN  THOUSAND  SEVEN
 HUNDRED  TWELVE  OF THE INSURANCE LAW IS REVOKED BY SUCH DEPARTMENT, THE
 AMOUNT OF CREDIT DESCRIBED  IN  THIS  SUBDIVISION  AND  CLAIMED  BY  THE
 TAXPAYER  PRIOR  TO  SUCH  REVOCATION  SHALL BE ADDED BACK TO TAX IN THE
 TAXABLE YEAR IN WHICH ANY SUCH REVOCATION BECOMES FINAL. IF AN AMOUNT OF
 CREDIT ON ANY SUCH CERTIFICATE OF TAX CREDIT IS MODIFIED BY THE  DEPART-
 MENT  OF FINANCIAL SERVICES, THE DIFFERENCE BETWEEN THE AMOUNT OF CREDIT
 DESCRIBED IN THIS SUBDIVISION AND CLAIMED BY THE TAXPAYER PRIOR TO  SUCH
 MODIFICATION  AND  THE MODIFIED AMOUNT SHALL BE ADDED BACK TO TAX IN THE
 TAXABLE YEAR IN WHICH ANY SUCH MODIFICATION BECOMES FINAL.
   (8) NET ASSESSMENTS.  NO AMOUNT OF ANY NET ASSESSMENTS  PAID  BY  SUCH
 TAXPAYER  INCLUDED  AS THE BASIS FOR THE CALCULATION OF THE AMOUNT SHOWN
 ON ANY SUCH CERTIFICATE SHALL BE THE BASIS  FOR  ANY  OTHER  TAX  CREDIT
 UNDER THIS CHAPTER.
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   §  7.  Notwithstanding  the  provisions of sections one through six of
 this act, in 2024, for the calendar year  2023,  the  superintendent  of
 financial  services  shall  furnish  the statement of operations for the
 life insurance guaranty corporation and the life  and  health  insurance
 company  guaranty  corporation of New York as provided in subsection (a)
 of section 7712 of the insurance law, as such provision of  law  was  in
 effect immediately prior to the effective date of this act.
   §  8.  Notwithstanding the provisions of sections one through seven of
 this act, an insurance company allowed a tax credit pursuant to  section
 7712 of the insurance law and subdivision (f) of section 1511 of the tax
 law,  as  such provisions of law were in effect immediately prior to the
 effective date of this act, shall continue  to  be  allowed  the  credit
 relating  to  life insurance guaranty corporation assessments under such
 subdivision (f), for assessments paid on or before December 31, 2023, as
 follows:
   (i) any amount of such credit that has not been claimed in  a  taxable
 year  beginning  before  January  1,  2024  shall be allowed as a credit
 against the tax imposed pursuant to article 33 of  the  tax  law,  other
 than section 1505-a of such article, in the taxable year beginning on or
 after such date; and
   (ii)  any  amount of credit allowed pursuant to the previous paragraph
 shall be subject to the carryover provision of paragraph 3  of  subdivi-
 sion  (f)  of  section 1511 of the tax law, as such subdivision has been
 amended by section six of this act.
   § 9. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2024.
 
                                  PART MM

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "artificial intelligence deceptive practices act".
   §  2.  This act enacts into law major components of legislation neces-
 sary to implement the artificial intelligence deceptive  practices  act.
 Each  component  is  wholly  contained  within  a  Subpart identified as
 Subparts A through B. The effective date for each  particular  provision
 contained  within  such Subpart is set forth in the last section of such
 Subpart. Any provision  in  any  section  contained  within  a  Subpart,
 including  the effective date of the Subpart, which makes 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 four  of  this  act
 sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  Section  50 of the civil rights law is amended to read as
 follows:
   § 50. Right of privacy. A person, firm or corporation  that  uses  for
 advertising  purposes,  or for the purposes of trade, the name, portrait
 [or], picture, LIKENESS, OR VOICE of any living  person  without  having
 first obtained the written consent of such person, or if a minor of [his
 or her] SUCH MINOR'S parent or guardian, is guilty of a misdemeanor.
   §  2. Section 51 of the civil rights law, as amended by chapter 674 of
 the laws of 1995, is amended to read as follows:
   § 51. Action for injunction and for damages. Any  person  whose  name,
 portrait,  picture,  LIKENESS  or  voice  is  used within this state for
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 advertising purposes or for the purposes of trade  without  the  written
 consent  first  obtained  as  above  provided  may maintain an equitable
 action in the supreme court of this state against the  person,  firm  or
 corporation  so using [his] SUCH PERSON'S name, portrait, picture, LIKE-
 NESS or voice, to prevent and restrain the use thereof; and may also sue
 and recover damages for any injuries sustained by reason of such use and
 if the defendant shall have knowingly used such person's name, portrait,
 picture, LIKENESS or voice in such manner as is forbidden or declared to
 be unlawful  by  section  fifty  of  this  article,  the  jury,  in  its
 discretion,  may  award exemplary damages. But nothing contained in this
 article shall be so construed as to prevent any person, firm  or  corpo-
 ration  from  selling  or otherwise transferring any material containing
 such name, portrait, picture, LIKENESS or voice in  whatever  medium  to
 any  user  of such name, portrait, picture, LIKENESS or voice, or to any
 third party for sale or transfer directly or indirectly to such a  user,
 for use in a manner lawful under this article; nothing contained in this
 article  shall  be so construed as to prevent any person, firm or corpo-
 ration, practicing the profession of photography, from exhibiting in  or
 about  [his  or  its]  THEIR establishment specimens of the work of such
 establishment, unless the same is continued  by  such  person,  firm  or
 corporation after written notice objecting thereto has been given by the
 person  portrayed;  and  nothing  contained  in this article shall be so
 construed as to prevent any person, firm or corporation from  using  the
 name, portrait, picture, LIKENESS or voice of any manufacturer or dealer
 in  connection  with  the  goods,  wares  and  merchandise manufactured,
 produced or dealt in by [him] SUCH MANUFACTURER OR DEALER which [he has]
 THEY HAVE sold or disposed of with such name, portrait,  picture,  LIKE-
 NESS  or  voice  used  in  connection therewith; or from using the name,
 portrait, picture, LIKENESS or voice of any author, composer  or  artist
 in connection with [his] THEIR literary, musical or artistic productions
 which  [he  has] THEY HAVE sold or disposed of with such name, portrait,
 picture, LIKENESS or  voice  used  in  connection  therewith.    Nothing
 contained  in  this section shall be construed to prohibit the copyright
 owner of a sound recording from disposing of, dealing in,  licensing  or
 selling  that  sound recording to any party, if the right to dispose of,
 deal in, license or sell such sound  recording  has  been  conferred  by
 contract  or  other written document by such living person or the holder
 of such right. Nothing contained in  the  foregoing  sentence  shall  be
 deemed  to  abrogate or otherwise limit any rights or remedies otherwise
 conferred by federal law or state law.
   § 3. The opening paragraph of subdivision 1 and subdivisions 4  and  5
 of  section 52-b of the civil rights law, as added by chapter 109 of the
 laws of 2019, are amended and a new subdivision 11 is added to  read  as
 follows:
   Any  person  depicted  in  a  still or video image, INCLUDING AN IMAGE
 CREATED OR ALTERED BY DIGITIZATION, regardless of  whether  or  not  the
 original  still  or  video image was consensually obtained, shall have a
 cause of action against an individual who, for the purpose of harassing,
 annoying or alarming such person, disseminated or published, or  threat-
 ened  to  disseminate  or publish, such still or video image, where such
 image:
   4. Any person depicted in a still or video image, INCLUDING  AN  IMAGE
 CREATED OR ALTERED BY DIGITIZATION, that depicts an unclothed or exposed
 intimate  part of such person, or such person engaging in sexual conduct
 as defined in subdivision ten of section 130.00 of the  penal  law  with
 another  person,  which is disseminated or published without the consent
 S. 8308--C                         95                         A. 8808--C
 
 of such person and where such person had a reasonable  expectation  that
 the  image  would  remain  private,  may  maintain  an action or special
 proceeding for a court order to require any website that is  subject  to
 personal  jurisdiction  under subdivision five of this section to perma-
 nently remove such still or video image; any such  court  order  granted
 pursuant  to  this subdivision may direct removal only as to images that
 are reasonably within such website's control.
   5. a. Any website that hosts or transmits  a  still  or  video  image,
 INCLUDING  AN IMAGE CREATED OR ALTERED BY DIGITIZATION, viewable in this
 state, taken under circumstances where the person depicted had a reason-
 able expectation that the image would remain private, which depicts:
   (i) an unclothed or exposed  intimate  part,  as  defined  in  section
 245.15 of the penal law, of a resident of this state; or
   (ii) a resident of this state engaging in sexual conduct as defined in
 subdivision  ten of section 130.00 of the penal law with another person;
 and
   b. Such still or video image is  hosted  or  transmitted  without  the
 consent  of  such  resident  of this state, shall be subject to personal
 jurisdiction in a civil action in  this  state  to  the  maximum  extent
 permitted under the United States constitution and federal law.
   11.  FOR  PURPOSES  OF  THIS  SECTION, "DIGITIZATION" MEANS THE USE OF
 SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLIGENCE, OR ANY OTHER COMPU-
 TER-GENERATED OR TECHNOLOGICAL  MEANS,  INCLUDING  ADAPTING,  MODIFYING,
 MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
   §  4. Paragraphs b and e of subdivision 1 of section 52-c of the civil
 rights law, as added by chapter 304 of the laws of 2020, are amended  to
 read as follows:
   b. "digitization" means to realistically depict the nude body parts of
 another  human  being as the nude body parts of the depicted individual,
 computer-generated nude body  parts  as  the  nude  body  parts  of  the
 depicted  individual  or  the  depicted  individual  engaging  in sexual
 conduct, as defined in subdivision ten of section 130.00  of  the  penal
 law,  in  which  the depicted individual did not engage.  "DIGITIZATION"
 MAY ALSO MEAN THE USE OF SOFTWARE, MACHINE LEARNING, ARTIFICIAL INTELLI-
 GENCE, OR ANY OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS, INCLUDING
 ADAPTING, MODIFYING, MANIPULATING, OR ALTERING A REALISTIC DEPICTION.
   e. "sexually explicit material" means any portion of an  audio  visual
 work that shows the depicted individual:
   I.  performing in the nude, meaning with an unclothed or exposed inti-
 mate part, as defined in section 245.15 of the penal law[, or];
   II. appearing to engage in, or being subjected to, sexual conduct,  as
 defined in subdivision ten of section 130.00 of the penal law[.]; OR
   III.  POSED IN A MANNER  INTENDED TO ELICIT SEXUAL AROUSAL OR GRATIFI-
 CATION AND WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF  PRIVA-
 CY.
   § 5. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Section 14-106 of the election law is amended by adding two
 new subdivisions 5 and 6 to read as follows:
   5. (A) FOR PURPOSES OF THIS SUBDIVISION:
   (I)  "MATERIALLY DECEPTIVE MEDIA" MEANS ANY IMAGE, VIDEO, AUDIO, TEXT,
 OR ANY TECHNOLOGICAL  REPRESENTATION  OF  SPEECH  OR  CONDUCT  FULLY  OR
 PARTIALLY CREATED OR MODIFIED THAT:
 S. 8308--C                         96                         A. 8808--C
 
   (1)  EXHIBITS  A  HIGH  LEVEL OF AUTHENTICITY OR CONVINCING APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY TO A  REASON-
 ABLE PERSON;
   (2)  DEPICTS  A  SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED; AND
   (3) IS CREATED BY  OR  WITH  SOFTWARE,  MACHINE  LEARNING,  ARTIFICIAL
 INTELLIGENCE,  OR  ANY  OTHER COMPUTER-GENERATED OR TECHNOLOGICAL MEANS,
 INCLUDING ADAPTING, MODIFYING, MANIPULATING,  OR  ALTERING  A  REALISTIC
 DEPICTION.
   (II) "INFORMATION CONTENT PROVIDER" MEANS ANY PERSON OR ENTITY THAT IS
 RESPONSIBLE,  IN  WHOLE  OR  IN PART, FOR THE CREATION OR DEVELOPMENT OF
 INFORMATION PROVIDED THROUGH  THE  INTERNET  OR  ANY  OTHER  INTERACTIVE
 COMPUTER SERVICE.
   (B) (I) A PERSON, FIRM, ASSOCIATION, CORPORATION, CAMPAIGN, COMMITTEE,
 OR  ORGANIZATION  THAT  DISTRIBUTES  OR PUBLISHES ANY POLITICAL COMMUNI-
 CATION THAT WAS PRODUCED BY OR INCLUDES MATERIALLY DECEPTIVE  MEDIA  AND
 KNOWS  OR  SHOULD KNOW THAT IT IS MATERIALLY DECEPTIVE SHALL BE REQUIRED
 TO DISCLOSE THIS USE.
   (II) (1) FOR VISUAL MEDIA THE DISCLOSURE SHALL BE PRINTED OR TYPED  IN
 A  LEGIBLE  FONT  SIZE  EASILY READABLE BY THE AVERAGE VIEWER THAT IS NO
 SMALLER THAN OTHER TEXT APPEARING IN THE VISUAL MEDIA AND  IN  THE  SAME
 LANGUAGE  USED  ON  THE  COMMUNICATION TO READ AS FOLLOWS: "THIS (IMAGE,
 VIDEO, OR AUDIO) HAS BEEN MANIPULATED".
   (2) FOR COMMUNICATION THAT IS AUDITORY, SUCH  AS  RADIO  OR  AUTOMATED
 TELEPHONE  CALLS, CLEARLY SPEAKING THE STATEMENT AT THE BEGINNING OF THE
 AUDIO, AT THE END OF THE AUDIO, AND, IF THE AUDIO IS   GREATER THAN  TWO
 MINUTES  IN  LENGTH,  INTERSPERSED  WITHIN THE AUDIO AT INTERVALS OF NOT
 GREATER THAN TWO MINUTES EACH AND IN  THE  SAME  LANGUAGE AS THE REST OF
 THE AUDIO USED  IN THE COMMUNICATION, AND IN A PITCH THAT CAN BE  EASILY
 HEARD  BY  THE AVERAGE LISTENER SATISFIES THE REQUIREMENTS OF CLAUSE ONE
 OF THIS SUBPARAGRAPH.
   (III) THIS PARAGRAPH SHALL NOT APPLY TO THE FOLLOWING:
   (1) MATERIALLY DECEPTIVE MEDIA THAT CONSTITUTES SATIRE OR PARODY;
   (2) MATERIALLY DECEPTIVE MEDIA CREATED FOR THE PURPOSES OF  BONA  FIDE
 NEWS REPORTING WHEN THE REQUIRED DISCLOSURE IS INCLUDED; OR
   (3)  INITIAL DISSEMINATION BY A PLATFORM OR SERVICE INCLUDING, BUT NOT
 LIMITED TO, A WEBSITE, REGULARLY PUBLISHED NEWSPAPER, OR MAGAZINE, WHERE
 THE CONTENT DISSEMINATED  IS  MATERIALLY  DECEPTIVE  MEDIA  PROVIDED  BY
 ANOTHER  INFORMATION  CONTENT PROVIDER WHEN A GOOD FAITH EFFORT HAS BEEN
 MADE TO   ESTABLISH THAT THE   DEPICTION  IS  NOT  MATERIALLY  DECEPTIVE
 MEDIA.
   (IV)  A CANDIDATE WHOSE VOICE OR LIKENESS APPEARS IN MATERIALLY DECEP-
 TIVE MEDIA IN VIOLATION OF THIS SUBDIVISION MAY SEEK   REASONABLE  COURT
 COSTS  AND  ATTORNEYS'  FEES  AND  INJUNCTIVE  RELIEF    PROHIBITING THE
 DISTRIBUTION, PUBLICATION OR BROADCASTING OF  ANY  MATERIALLY  DECEPTIVE
 MEDIA IN VIOLATION OF THIS SUBDIVISION AGAINST SUCH INDIVIDUAL OR ENTITY
 WHO  DISSEMINATED  OR  PUBLISHED  SUCH  MEDIA WITHOUT THE CONSENT OF THE
 PERSON DEPICTED AND  WHO KNEW OR SHOULD HAVE KNOWN  THAT  IT  WAS  MATE-
 RIALLY  DECEPTIVE.  AN ACTION UNDER THIS PARAGRAPH SHALL BE INITIATED BY
 FILING AN APPLICATION FOR AN ORDER TO SHOW CAUSE IN  THE  SUPREME  COURT
 WHERE  THE  MATERIALLY DECEPTIVE MEDIA AT ISSUE COULD DECEIVE AND INFLU-
 ENCE ELECTORS IN AN UPCOMING ELECTION. SUCH ACTION SHALL BE ENTITLED  TO
 AN  AUTOMATIC  CALENDAR  PREFERENCE AND BE SUBJECT TO EXPEDITED PRETRIAL
 AND TRIAL PROCEEDINGS.
 S. 8308--C                         97                         A. 8808--C
 
   (V) IN ANY ACTION ALLEGING A VIOLATION OF  THIS  SUBDIVISION IN  WHICH
 A PLAINTIFF  SEEKS  PRELIMINARY  RELIEF  WITH  RESPECT  TO  AN  UPCOMING
 ELECTION, THE COURT SHALL GRANT RELIEF IF IT DETERMINES THAT:
   (A) PLAINTIFFS ARE MORE LIKELY THAN NOT TO SUCCEED ON THE MERITS; AND
   (B)  IT  IS  POSSIBLE  TO  IMPLEMENT  AN APPROPRIATE REMEDY THAT WOULD
 RESOLVE THE ALLEGED VIOLATION IN THE UPCOMING ELECTION.
   (VI) IN ANY ACTION COMMENCED UNDER  THIS  SUBDIVISION,  THE  PLAINTIFF
 BEARS  THE  BURDEN OF ESTABLISHING THE USE OF MATERIALLY DECEPTIVE MEDIA
 BY CLEAR AND CONVINCING EVIDENCE.
   6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT, OR TO ENLARGE,
 THE PROTECTIONS THAT 47 U.S.C. § 230 CONFERS ON AN INTERACTIVE  COMPUTER
 SERVICE FOR CONTENT PROVIDED BY ANOTHER INFORMATION CONTENT PROVIDER, AS
 SUCH TERMS ARE DEFINED IN 47 U.S.C. § 230.
   § 2. This act shall take effect immediately.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  subpart  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,  subdivi-
 sion,  section, subpart or part thereof directly involved in the contro-
 versy in which such judgment shall have  been  rendered.  It  is  hereby
 declared  to  be  the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here-
 in.
   § 4. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through B of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART NN
 
   Section 1. Section 2328 of the insurance law, as  amended  by  chapter
 182 of the laws of 2023, is amended to read as follows:
   §  2328.  Certain  motor vehicle insurance rates; prior approval. [For
 the periods February first, nineteen hundred seventy-four through August
 second,  two   thousand   one,   and   the   effective   date   of   the
 property/casualty insurance availability act through June thirtieth, two
 thousand twenty-six, no] NO changes in rates, rating plans, rating rules
 and  rate  manuals  applicable  to  motor  vehicle  insurance, including
 no-fault coverages under article fifty-one of  this  chapter,  shall  be
 made effective until approved by the superintendent, notwithstanding any
 inconsistent provisions of this article[; provided, however, that chang-
 es  in  such  rates,  rating plans, rating rules and rate manuals may be
 made effective without such approval if the rates that result from  such
 changes  are  no  higher  than  the insurer's rates last approved by the
 superintendent]. This section shall  apply  only  to  policies  covering
 losses  or  liabilities arising out of ownership of a motor vehicle used
 principally for the transportation of persons for hire, including a  bus
 or  a school bus as defined in sections one hundred four and one hundred
 forty-two of the vehicle and traffic law.
   § 2. This act shall take effect immediately.
 
                                  PART OO

   Section 1. Subdivision 20 of section 16-e of section 1 of chapter  174
 of  the  laws of 1968, constituting the New York state urban development
 S. 8308--C                         98                         A. 8808--C
 
 corporation act, is amended by adding a new paragraph  (f)  to  read  as
 follows:
   (F)  EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL AWARDEE MAY CERTIFY IN
 WRITING TO SUCH REGIONAL ECONOMIC DEVELOPMENT COUNCIL THAT THEY MAINTAIN
 INTERNSHIP OPPORTUNITIES, ALONG WITH THE NUMBER    OF  OPPORTUNITIES,  A
 DESCRIPTION  OF THE WORK THE INTERNS WILL ENGAGE IN, AND DESCRIPTIONS OF
 ANY SUPPLEMENTARY PROGRAMMING OFFERED TO THE INTERNS.
   §  2. This act shall take effect on the ninetieth day after  it  shall
 have become a law.

                                  PART PP
 
   Section  1.  Section  1115  of  the tax law is amended by adding a new
 subdivision (ll) to read as follows:
   (LL) THE FOLLOWING SHALL BE EXEMPT FROM TAX UNDER  THIS  ARTICLE:  (1)
 RECEIPTS  FROM THE RETAIL SALE OF, AND CONSIDERATION GIVEN OR CONTRACTED
 TO BE GIVEN FOR, OR FOR THE USE OF, RESIDENTIAL ENERGY  STORAGE  SYSTEMS
 EQUIPMENT  AND  THE SERVICE OF INSTALLING SUCH SYSTEMS. FOR THE PURPOSES
 OF THIS SUBDIVISION,  "RESIDENTIAL  ENERGY  STORAGE  SYSTEMS  EQUIPMENT"
 SHALL  MEAN  AN  ARRANGEMENT OR COMBINATION OF COMPONENTS INSTALLED IN A
 RESIDENCE THAT STORES ELECTRICITY FOR USE AT A  LATER  TIME  TO  PROVIDE
 HEATING, COOLING, HOT WATER AND/OR ELECTRICITY.
   (2)  RECEIPTS  FROM  THE  SALE  OF  ELECTRICITY  BY A PERSON PRIMARILY
 ENGAGED IN THE SALE OF ENERGY STORAGE SYSTEM EQUIPMENT AND/OR  ELECTRIC-
 ITY  GENERATED  BY  SUCH EQUIPMENT PURSUANT TO A WRITTEN AGREEMENT UNDER
 WHICH SUCH ELECTRICITY IS GENERATED BY RESIDENTIAL ENERGY SYSTEM STORAGE
 EQUIPMENT THAT IS:  (A) OWNED BY A PERSON OTHER THAN  THE  PURCHASER  OF
 SUCH ELECTRICITY; (B) INSTALLED ON RESIDENTIAL PROPERTY OF THE PURCHASER
 OF SUCH ELECTRICITY; AND (C) USED TO PROVIDE HEATING, COOLING, HOT WATER
 OR ELECTRICITY.
   §  2.  This act shall take effect June 1, 2024 and shall expire and be
 deemed repealed June 1, 2026.
 
                                  PART QQ
 
   Section 1. (1) Within 18 months of the effective date of this  section
 the New York state energy research and development authority, hereinaft-
 er authority, in consultation with the department of public service, the
 department  of transportation, the department of motor vehicles, the New
 York state thruway authority, the New York power authority, and the Long
 Island power authority, the  department  of  environmental  conservation
 shall conduct a needs evaluation to:
   (a)  consider  planning  for fast charger deployment along alternative
 fuel corridors and major freight corridors;
   (b) identify the number and location of fast chargers  along  priority
 highway  corridors  and major freight corridors, including fast chargers
 currently in operation and in development;
   (c) estimate future need for fast charger  deployment  along  priority
 highway and major freight corridors for the purposes of (i) facilitating
 the  cost-effective and timely achievement of mandates under (A) article
 75 of the environmental conservation law, (B) section 19-0306-b  of  the
 environmental  conservation  law  regarding zero-emissions vehicle sales
 targets, (C) rules and regulations for zero-emissions  vehicles  adopted
 by  the  commissioner of environmental conservation, and (D) other rele-
 vant and applicable federal and state  rules  or  regulations  or  local
 S. 8308--C                         99                         A. 8808--C
 
 goals  to  reduce  transportation  sector emissions; and (ii) supporting
 electric vehicle adoption by consumers and fleet operators;
   (d) identify the number and location of highway charging hubs, includ-
 ing  but not limited to thruway charging hubs and freight charging hubs,
 currently in operation and in development  along  priority  highway  and
 major freight corridors;
   (e)  estimate  total  charging  capacity required to serve light duty,
 medium duty, and heavy  duty  electric  vehicles  at  each  highway  and
 freight charging hub through 2035;
   (f)  identify,  to  the extent practicable, the number and location of
 commercial and public fleet vehicles in operation, including their  body
 type, fuel type, model year, zip code, and  other  relevant  information
 needed  to  forecast the number and location of zero-emissions vehicles,
 per state policy;
   (g) identify the number and location of fleet charging zones;
   (h) estimate future need for charging deployment and charging capacity
 in the fleet charging zones, sufficient to satisfy the targets and regu-
 lations identified in paragraph (c) of this subdivision;
   (i) examine ways to optimize fast charger deployment among the highway
 charging hubs, the freight charging hubs, and all  such  charging  hubs,
 and  charging  development  among the fleet charging zones to reduce the
 cost of interconnection, if deemed necessary, and electric  distribution
 and  local transmission upgrades while serving projected vehicle traffic
 volumes;
   (j) analyze and assess the total potential costs associated  with  any
 identified need;
   (k) analyze and assess federal or state funding opportunities to mini-
 mize such costs to rate payers; and
   (l) identify the number and location of critical public charging sites
 and  estimate  future need for charging deployment and charging capacity
 for critical public charging sites.
   (2) The authority shall develop a stakeholder  engagement  process  to
 raise  consumer  awareness  and  education  across the state and solicit
 feedback from the public, local government, representatives or residents
 of environmental justice or disadvantaged communities, electric  vehicle
 manufacturers,  electric  vehicle  supply equipment manufacturers, fleet
 operators, school district transportation directors and  others  on  the
 highway  and depot charging needs evaluation.  To the extent practicable
 and consistent with applicable timelines, the authority  may  coordinate
 the  highway and depot charging needs evaluation stakeholder input proc-
 ess with the process set forth in section 1884 of the public authorities
 law.
   (3) The needs evaluation shall  be  made  publicly  available  on  the
 authority's website.
   (4)  When  conducting  the  needs  evaluation, the following locations
 shall be considered for designation as highway and/or  freight  charging
 hubs:
   (a) All thruway charging hubs.
   (b)  Additional sites or geographic areas based on (i) eligibility for
 federal, state, or other funding opportunities, including but not limit-
 ed to needs identified through the NEVI formula program  planning  proc-
 ess,  (ii)  proximity  to  electric  transmission  infrastructure, (iii)
 projected vehicle traffic, (iv) charging network  coverage,  (v)  inter-
 state  and  intrastate  commerce, (vi) benefits to environmental justice
 and disadvantaged communities,  (vii)  benefits  of  increased  charging
 accessibility  in  host  communities,  (viii) real property ownership or
 S. 8308--C                         100                        A. 8808--C
 
 control of potential sites, (ix) relevant commitments from  site  and/or
 charging operators, and (x) other factors deemed relevant for the devel-
 opment and successful implementation of the highway charging needs eval-
 uation.
   (c)  Locations  within  one  mile  of  the priority highway corridors,
 spaced no more than fifty miles apart along the priority highway  corri-
 dors and reasonably accessible regardless of direction of travel.
   (d)  Privately operated sites which are open to the public or multiple
 commercial entities that have adequate parking and amenities to serve as
 a highway charging hub or freight charging hub,  subject  to  reasonable
 restrictions.
   (5)  When  conducting  the  needs evaluation, the following geographic
 area criteria shall be considered when determining designations as fleet
 charging zones:
   (a) total number of commercial and public fleet vehicles in  operation
 and/or total number of fleet operators in the geographic area,
   (b) projected vehicle traffic in the geographic area,
   (c) benefits to public fleets, such as school bus operators,
   (d) benefits to environmental justice and disadvantaged communities,
   (e)  relevant  commitments from fleet and/or site operators to install
 charging equipment,
   (f) available capacity on the electric distribution and  local  trans-
 mission network to serve vehicle chargers,
   (g)  ensuring equitable coverage and access to fleet charging through-
 out the state, and
   (h) sites where private or public fleet vehicles are regularly parked,
 maintained, or otherwise dispatched for service,  including  school  bus
 garages.
   (6)  As  used  in  this  section,  the  following terms shall have the
 following meanings:
   (a) "Alternative fuel corridors" shall mean highways designated within
 the state pursuant  to  the  national  electric  vehicle  infrastructure
 formula program under 23 U.S.C.  151 and previously designated under the
 federal Fixing America's Surface Transportation Act of 2015.
   (b)  "Charging  needs  evaluation"  shall  mean  the highway and depot
 charging needs evaluation.
   (c) "Critical public charging site" shall mean a priority site for the
 deployment of charging infrastructure designed to  support  buildout  of
 charging  in  densely populated urban areas where access to charging may
 be limited.
   (d) "Fast charger" shall mean a direct current electric vehicle charg-
 ing port which can charge at a level of at least 150 kilowatts.
   (e) "Fleet charging zone" shall mean a priority  geographic  area  for
 the  deployment  of  charging  infrastructure  for public and commercial
 fleet operators or owners, including school bus fleets, taxi  and  ride-
 share vehicle fleets.
   (f)  "Freight charging hub" shall mean a priority site for the deploy-
 ment of large scale, fast charging  infrastructure,  which  has  minimum
 station power capability to simultaneously provide power across at least
 four ports for charging. These sites may include highway charging hubs.
   (g) "Highway and depot charging needs evaluation" shall mean the needs
 evaluation developed pursuant to subdivision two of this section.
   (h)  "Highway charging hub" shall mean a priority site for the deploy-
 ment of large scale, fast charging  infrastructure,  which  has  minimum
 station  power  capability  to  simultaneously provide power across four
 S. 8308--C                         101                        A. 8808--C
 
 ports for charging. These sites shall include but  are  not  limited  to
 thruway charging hubs.
   (i) "Major freight corridor" shall mean segments of the freight trans-
 portation  network identified by the federal highway administration that
 carry more than 50,000,000 tons per  year,  including  highway  segments
 that  carry  at  least 8,500 trucks per day, additional highway segments
 and parallel rail lines that  together  carry  at  least  8,500  trucks,
 trailer-on-flatcar, and container-on-flatcar payloads of typically high-
 value,  time  sensitive  cargo,  and rail lines and waterways that carry
 fifty million tons in bulk cargo per year.
   (j) "NEVI" shall mean the  national  electric  vehicle  infrastructure
 program established under the federal Infrastructure Investment and Jobs
 Act of 2021.
   (k)  "Priority highway corridor" shall mean alternative fuel corridors
 and other state and county highways identified  in  the  charging  needs
 evaluation  as  appropriate  to ensure sufficient and equitable charging
 access throughout the state.
   (l) "Thruway charging hubs"  shall  mean  all  highway  service  areas
 controlled,  leased,  owned,  or  operated by the New York state thruway
 authority.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART RR
 
   Section  1.  Notwithstanding any law to the contrary, the state of New
 York may consent to binding arbitration with respect to the  interpreta-
 tion  of  a  contract, agreement, or other document or instrument or any
 matter in each case set forth therein that is lawfully  adopted  by  the
 Gateway  Development  Commission  pursuant  to  the  Gateway Development
 Commission Act, chapter 108 of the laws of 2019, with respect  to  phase
 one  of the Gateway Project as described in paragraph (h) of subdivision
 2 of section 2 of  that act, and to which the state of  New  York  is  a
 party.
   § 2.  This act shall take effect immediately.
 
                                  PART SS
 
   Section  1.  This  act enacts into law major components of legislation
 necessary related to transparency in  local  economic  development  act.
 Each  component  is  wholly  contained  within  a  Subpart identified as
 Subparts A through B. The effective date for each  particular  provision
 contained  within  such Subpart is set forth in the last section of such
 Subpart. Any provision  in  any  section  contained  within  a  Subpart,
 including  the effective date of the Subpart, which makes a reference to
 a section "of this act", when used in connection  with  that  particular
 component,  shall  be  deemed  to  mean  and  refer to the corresponding
 section of the Subpart in which it is found. Section three of  this  act
 sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 8 to read as follows:
 S. 8308--C                         102                        A. 8808--C
 
   § 8. LOCAL AUTHORITIES SEARCHABLE  SUBSIDY  AND  ECONOMIC  DEVELOPMENT
 BENEFITS  DATABASE.  1.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
   (I)  FUNDS  MADE  AVAILABLE  BY  A  LOCAL  DEVELOPMENT CORPORATION FOR
 ECONOMIC DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING, BUT NOT LIMIT-
 ED TO, GRANTS, LOANS, AND BONDS; AND
   (II) BONDS AND TAX EXEMPTIONS WHICH ARE APPLIED FOR AND PREAPPROVED OR
 CERTIFIED BY OR ON  BEHALF  OF  AN  INDUSTRIAL  DEVELOPMENT  AGENCY  FOR
 ECONOMIC DEVELOPMENT.
   (B)  "QUALIFIED PARTICIPANT" SHALL MEAN A PROJECT OPERATOR PURSUANT TO
 SECTION EIGHT HUNDRED SEVENTY-FOUR OF THE GENERAL MUNICIPAL LAW  WITH  A
 PROJECT  PURSUANT  TO  SECTION  EIGHT  HUNDRED FIFTY-FOUR OF THE GENERAL
 MUNICIPAL LAW.
   (C) "FULL-TIME EQUIVALENT" SHALL MEAN A  UNIT  OF  MEASURE,  WHICH  IS
 EQUAL  TO  ONE  FILLED,  FULL-TIME, ANNUAL-SALARIED POSITION IN A MANNER
 CONSISTENT WITH FEDERAL CALCULATIONS.
   (D) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE.
   (E) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN  THE  DATA-
 BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (F) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT
 OR  AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPH (A)
 OF THIS SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL DEVELOPMENT
 CORPORATION OR INDUSTRIAL DEVELOPMENT  AGENCY  TO  A  PERSON,  BUSINESS,
 LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY.
   2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A
 SEARCHABLE  DATABASE,  DISPLAYING  DATA  REGARDING  ECONOMIC DEVELOPMENT
 BENEFITS THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH  SEARCHABLE
 DATABASE SHALL INCLUDE THE FOLLOWING DATA, FEATURES AND FUNCTIONALITY TO
 THE EXTENT PRACTICABLE:
   (A)  THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
 MATION FIELDS;
   (B) THE ABILITY TO  BE  SEARCHABLE,  DOWNLOADABLE,  AND  POSTED  ON  A
 PUBLICLY  ACCESSIBLE  WEBSITE  AS  WELL  AS  REFERENCED  ON THE OFFICE'S
 WEBSITE, WITH A DIRECT LINK TO THE DATABASE;
   (C) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL  FIELDS  CORRE-
 SPONDING  TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
 TO CREATE UNIQUE DATABASE VIEWS;
   (D) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN  PART,
 IN A COMMON MACHINE READABLE FORMAT;
   (E) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
   (F) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED IN
 PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
 PARTICIPANTS;
   (G) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY OF
 THE DATABASE;
   (H) A DEDICATED EMAIL ACCOUNT  FOR  THE  PUBLIC  TO  DIRECT  QUESTIONS
 RELATED  TO  THE  DATABASE, AND THE OFFICE MAILING ADDRESS, OFFICE TELE-
 PHONE NUMBER, AND NAME OF THE CHIEF OFFICER;
   (I) THE FOLLOWING DATA ON  LOCAL  DEVELOPMENT  CORPORATIONS  SHALL  BE
 INCLUDED:
   (I)  RELATING  TO  GRANTS, THE SOURCE OF FUNDS FOR THE GRANT, THE NAME
 AND ADDRESS OF THE ENTITY THAT RECEIVED THE GRANT, THE DATE  AND  AMOUNT
 AWARDED,  HOW  THE  GRANT FUNDS WILL BE USED, WHETHER THE GRANT PROCEEDS
 WERE EXPECTED TO RESULT IN NEW JOBS BEING CREATED, AND IF SO,  HOW  MANY
 S. 8308--C                         103                        A. 8808--C
 
 JOBS  WERE  PLANNED TO BE CREATED AND HOW MANY JOBS HAVE BEEN CREATED TO
 DATE;
   (II) RELATING TO LOANS, THE SOURCE OF FUNDS FOR THE LOAN, THE NAME AND
 ADDRESS  OF  THE  ENTITY  THAT  RECEIVED  THE  LOAN, THE DATE AND AMOUNT
 AWARDED, THE LOAN INTEREST RATE, THE LENGTH OF THE LOAN  IN  YEARS,  THE
 AMOUNT  REPAID TO DATE, HOW THE LOAN FUNDS WILL BE USED, AND WHETHER THE
 LOAN WAS PROVIDED TO THE RECIPIENT FOR THE PURPOSE OF CREATING JOBS, AND
 IF SO, HOW MANY JOBS WERE PLANNED TO BE CREATED AND HOW MANY  JOBS  HAVE
 BEEN CREATED TO DATE; AND
   (III)  RELATING TO BONDS, THE NAME AND ADDRESS OF THE RECIPIENT OF THE
 BOND PROCEEDS, THE AMOUNT AND DATE OF THE BOND ISSUANCE, THE BOND INTER-
 EST RATE, THE YEAR THE BONDS ARE  EXPECTED  TO  BE  FULLY  RETIRED,  THE
 AMOUNT  OF  BOND  PRINCIPAL RETIRED DURING THE REPORTING PERIOD, HOW THE
 BOND PROCEEDS ARE USED, WHETHER THE BOND PROCEEDS WERE PROVIDED  TO  THE
 RECIPIENT  TO  CREATE  JOBS, AND IF SO, HOW MANY JOBS WERE PLANNED TO BE
 CREATED AND HOW MANY JOBS HAVE BEEN CREATED TO DATE; AND
   (J) THE FOLLOWING DATA ON INDUSTRIAL DEVELOPMENT AGENCY PROJECTS SHALL
 BE INCLUDED:
   (I) PROJECT NAME, PROJECT TYPE, PROJECT LOCATION,  AND  THE  PROJECT'S
 COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND SEARCHABLE
 FIELD;
   (II)  WHETHER THE PROJECT IS PART OF ANOTHER PHASE OR MULTI PHASE, THE
 CATEGORY OF THE PROJECT PURPOSE, THE TOTAL PROJECT AMOUNT, THE BENEFITED
 PROJECT AMOUNT, IF THE PROJECT TYPE WAS A BOND, THE BOND AMOUNT, IF  THE
 PROJECT TYPE WAS A LEASE, THE LEASE AMOUNT, WHETHER THE QUALIFIED RECIP-
 IENT IS A NOT-FOR-PROFIT, THE DATE THE PROJECT WAS APPROVED, WHETHER THE
 INDUSTRIAL  DEVELOPMENT  AGENCY TOOK TITLE TO A PROPERTY, AND IF SO, THE
 DATE THAT TITLE WAS TAKEN, AND THE YEAR FINANCIAL ASSISTANCE IS  PLANNED
 TO END;
   (III) THE QUALIFIED PARTICIPANT'S NAME AND THE QUALIFIED PARTICIPANT'S
 COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND SEARCHABLE
 FIELD;
   (IV)    THE  AMOUNT  OF  PROJECT TAX EXEMPTIONS GRANTED, INCLUDING FOR
 STATE SALES TAX, LOCAL SALES TAX, COUNTY REAL PROPERTY TAX, LOCAL  PROP-
 ERTY  TAX,  SCHOOL  PROPERTY  TAX,  MORTGAGE  RECORDING  TAX,  THE TOTAL
 EXEMPTIONS, AND THE TOTAL  EXEMPTIONS  NET  OF  REAL  PROPERTY  TAX  LAW
 SECTION FOUR HUNDRED EIGHTY-FIVE-B;
   (V)  THE  AMOUNT OF PAYMENTS IN LIEU OF TAXES AGREED UPON AND ACTUALLY
 MADE TO THE COUNTY, LOCAL MUNICIPALITY, OR SCHOOL  DISTRICT,  THE  TOTAL
 AMOUNT  OF  PAYMENTS IN LIEU OF TAXES AGREED UPON AND ACTUALLY MADE, AND
 THE NET EXEMPTIONS ONCE THE PAYMENTS IN LIEU  OF  TAXES  ARE  SUBTRACTED
 FROM THE TOTAL PROJECT TAX EXEMPTIONS; AND
   (VI) THE TOTAL NUMBER OF EMPLOYEES FOR THE PROJECT PRIOR TO INDUSTRIAL
 DEVELOPMENT AGENCY STATUS, ESTIMATE OF JOBS TO BE CREATED, AVERAGE ESTI-
 MATED  ANNUAL  SALARY  OF JOBS TO BE CREATED, ANNUALIZED SALARY RANGE OF
 JOBS TO BE CREATED, ORIGINAL ESTIMATE OF JOBS TO BE RETAINED,  ESTIMATED
 AVERAGE  ANNUAL  SALARY  OF JOBS TO BE RETAINED, CURRENT NUMBER OF FULL-
 TIME EQUIVALENTS,  NUMBER  OF  FULL-TIME  EQUIVALENT  CONSTRUCTION  JOBS
 DURING THE REPORTING FISCAL YEAR, AND THE NET EMPLOYMENT CHANGE.
   3.  THE OFFICE SHALL SUBMIT A QUARTERLY REPORT TO THE GOVERNOR, TEMPO-
 RARY PRESIDENT OF THE SENATE, AND SPEAKER OF THE ASSEMBLY OUTLINING  KEY
 USAGE  STATISTICS OF THE DATABASE CREATED PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION INCLUDING, BUT NOT LIMITED TO, THE TOTAL NUMBER  OF  UNIQUE
 USERS THAT QUARTER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 S. 8308--C                         104                        A. 8808--C
 
                                 SUBPART B
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 2829 to read as follows:
   § 2829. STATE AND LOCAL AUTHORITIES SUBJECT TO THE OPEN  MEETINGS  AND
 FREEDOM  OF  INFORMATION  LAWS. ALL STATE AND LOCAL AUTHORITIES, AS SUCH
 TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER, AS WELL AS ALL SUBSID-
 IARIES OF SUCH STATE AND LOCAL AUTHORITIES, AS SUCH TERMS ARE DEFINED IN
 SECTION TWO OF THIS CHAPTER, SHALL BE SUBJECT TO THE PROVISIONS OF ARTI-
 CLES SIX AND SEVEN OF THE PUBLIC OFFICERS LAW RELATING TO THE FREEDOM OF
 INFORMATION AND OPEN MEETINGS LAWS RESPECTIVELY.  ALL  STATE  AND  LOCAL
 AUTHORITIES, AS WELL AS ALL SUBSIDIARIES OF SUCH STATE AND LOCAL AUTHOR-
 ITIES,  SHALL,  TO  THE EXTENT PRACTICABLE, STREAM ALL OPEN MEETINGS AND
 PUBLIC HEARINGS ON THEIR WEBSITE IN REAL-TIME, POST VIDEO RECORDINGS  OF
 ALL OPEN MEETINGS AND PUBLIC HEARINGS ON THEIR WEBSITE WITHIN FIVE BUSI-
 NESS  DAYS  OF THE MEETING OR HEARING AND MAINTAIN SUCH RECORDINGS FOR A
 PERIOD OF NOT LESS THAN FIVE YEARS.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section,  subpart  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,  subdivi-
 sion,  section, subpart or part thereof directly involved in the contro-
 versy in which such judgment shall have  been  rendered.  It  is  hereby
 declared  to  be  the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here-
 in.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Subparts A through B of this act shall
 be as specifically set forth in the last section of such Subpart.
 
                                  PART TT
 
   Section 1. This part enacts into law components of legislation  relat-
 ing  to the establishment of the New York state empire artificial intel-
 ligence research program.  Each component is wholly contained  within  a
 Subpart  identified as Subparts A through B. The effective date for each
 particular provision contained within such Subpart as set forth  in  the
 last  section  of such Subpart.   Any provision in any section contained
 within a Subpart, including the effective date  of  the  Subpart,  which
 makes  a  reference  to a section "of this act", when used in connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding section of the Subpart in which it is found. Section three
 of this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section 1. The economic development law is amended  by  adding  a  new
 section 361 to read as follows:
   § 361. NEW YORK STATE EMPIRE ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM.
 1. DEFINITIONS. WHENEVER USED IN THIS SECTION:
   (A)  "DIVISION"  SHALL  MEAN  THE DIVISION OF SCIENCE, TECHNOLOGY, AND
 INNOVATION WITHIN THE DEPARTMENT.
 S. 8308--C                         105                        A. 8808--C
 
   (B) "EMPIRE AI CONSORTIUM" OR "THE CONSORTIUM" SHALL BE  THE  NOT-FOR-
 PROFIT CORPORATION CREATED TO CONSTRUCT AND MANAGE THE INSTITUTE.
   (C)  "INSTITUTE"  SHALL  MEAN  THE EMPIRE AI RESEARCH INSTITUTE AT THE
 UNIVERSITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION  TWO  OF  THIS
 SECTION.
   2. EMPIRE AI RESEARCH INSTITUTE AT THE UNIVERSITY OF BUFFALO. A STATE-
 OWNED  RESEARCH  AND  COMPUTING  FACILITY AT THE STATE UNIVERSITY OF NEW
 YORK AT BUFFALO SHALL BE ESTABLISHED, TO  BE  KNOWN  AS  THE  EMPIRE  AI
 RESEARCH  INSTITUTE,  TO PROMOTE RESPONSIBLE RESEARCH AND DEVELOPMENT TO
 ADVANCE THE ETHICAL AND PUBLIC INTEREST USES OF ARTIFICIAL  INTELLIGENCE
 TECHNOLOGY  IN THE STATE. THE INSTITUTE SHALL BE OPERATED AND MANAGED BY
 THE CONSORTIUM.  CONSTRUCTION OF THE INSTITUTE SHALL BE COMPLETED BY THE
 UNIVERSITY AT BUFFALO, ITS AFFILIATES OR RELATED ENTITIES AT THE  DIREC-
 TION OF THE CONSORTIUM, OR THE CONSORTIUM.
   3.  LABOR  STANDARDS.  ANY  CONSTRUCTION PROJECT DONE PURSUANT TO THIS
 SECTION OR USING THE MONEYS APPROPRIATED  BY  NEW  YORK  STATE  FOR  THE
 PURPOSES  OF  THIS  SECTION,  SHALL  REQUIRE  THE USE OF A PROJECT LABOR
 AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED  TWENTY-
 TWO  OF  THE  LABOR  LAW,  FOR ALL CONTRACTORS AND SUBCONTRACTORS ON THE
 PROJECT, CONSISTENT WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO
 HUNDRED TWENTY-TWO OF THE LABOR LAW.
   4. ENERGY EFFICIENCY. THE DIVISION,  IN  COOPERATION  WITH  THE  URBAN
 DEVELOPMENT  CORPORATION  AND  THE EMPIRE AI CONSORTIUM, SHALL WORK WITH
 THE POWER AUTHORITY OF NEW YORK, THE NEW YORK STATE ENERGY RESEARCH  AND
 DEVELOPMENT  AUTHORITY, AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 TO ENSURE A RELIABLE AND SUFFICIENT CLEAN ENERGY SUPPLY FOR  THE  INSTI-
 TUTE,  TO  MAXIMIZE  THE ENERGY EFFICIENCY OF THE FACILITY OR FACILITIES
 AND EQUIPMENT OF THE INSTITUTE,  AND  MINIMIZE  EMISSIONS  AND  NEGATIVE
 ENVIRONMENTAL  IMPACTS,  INCLUDING FROM THE USE OF FRESHWATER RESOURCES,
 FROM CONSTRUCTING, OPERATING, AND OF MAINTAINING THE INSTITUTE.
   § 2. 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-ii to read as follows:
   §  16-II. EMPIRE AI CONSORTIUM REPORTS. BEGINNING MAY FIRST, TWO THOU-
 SAND  TWENTY-SEVEN,  AND  ANNUALLY  THEREAFTER,  THE  CORPORATION  SHALL
 PREPARE  AND  PUBLISH  ON ITS WEBSITE, AN ANNUAL REPORT ON THE EMPIRE AI
 RESEARCH INSTITUTE AT THE  UNIVERSITY  OF  BUFFALO.  SUCH  REPORT  SHALL
 INCLUDE BUT NOT BE LIMITED TO: DETAIL ON ACHIEVING THE GOALS AND MISSION
 OF  THE  EMPIRE  AI  RESEARCH  INSTITUTE AT THE UNIVERSITY OF BUFFALO, A
 SUMMARY OF THE STATE INVESTMENT INTO THE EMPIRE AI RESEARCH INSTITUTE AT
 THE UNIVERSITY  OF  BUFFALO,  THE  LEVERAGED  INVESTMENT,  JOB  CREATION
 IMPACT, THE TOTAL INVESTMENT, TOTAL FUNDING DISBURSED BY THE CORPORATION
 TO  DATE,  THE  NAMES  OF  THE PRIVATE SECTOR AND ACADEMIC PARTNERS THAT
 PARTICIPATE IN THE EMPIRE AI RESEARCH INSTITUTE  AT  THE  UNIVERSITY  OF
 BUFFALO  AND  AFFIRMATION  THAT ANY AND ALL ACADEMIC PARTNERS ARE RECOG-
 NIZED BY THE BOARD OF REGENTS AS DEFINED IN SECTION TWO HUNDRED  TWO  OF
 THE  EDUCATION  LAW, A LIST OF RESEARCH AREAS OF FOCUS, AN ACCOUNTING OF
 THE TOTAL NUMBER OF SMALL BUSINESSES PROVIDED ACCESS TO THE SUPERCOMPUT-
 ING EQUIPMENT, AN ASSESSMENT OF WHETHER OR NOT THE CONTRACT AWARDEE, VIA
 THE CORPORATION, IS IN COMPLIANCE WITH THE TERMS AND CONDITIONS  OF  THE
 CONTRACT  WITH REGARD TO THE EMPIRE AI RESEARCH INSTITUTE AT THE UNIVER-
 SITY OF BUFFALO, AN ARTICULATION OF ANY ADDITIONAL  STATE  BENEFITS  FOR
 EMPIRE  STATE  DEVELOPMENT  PROJECTS  AS  DEFINED  IN PARAGRAPH (A-3) OF
 SUBDIVISION ONE OF SECTION FIFTY-EIGHT OF THIS CHAPTER. ADDITIONALLY, IN
 ALL YEARS IN WHICH THE INSTITUTE IS FULLY OPERATIONAL, SUCH REPORT SHALL
 S. 8308--C                         106                        A. 8808--C
 
 INCLUDE NOTEWORTHY PROJECTS OR INNOVATIONS WHICH SERVE TO HIGHLIGHT  THE
 DEVELOPMENTS OCCURRING IN NEW YORK STATE AS A RESULT OF THE PROJECT.
   §  3.  Provisions  related  to the empire AI consortium. 1. As used in
 this section, the terms "consortium", "institute"  or  "division"  shall
 have  the same meaning as provided in section 361 of the economic devel-
 opment law.
   2. Plan of operation. No later than one year after  the  incorporation
 of the empire AI consortium, the consortium shall file with the division
 its  plan  of  operation,  which  shall  be designed to assure the fair,
 responsible, reasonable, and equitable administration of the consortium.
 A copy of the plan shall be submitted to  the  governor,  the  temporary
 president  of  the  senate  and the speaker of the assembly. The plan of
 operation shall at minimum, in addition to any  requirements  enumerated
 elsewhere in law, establish:
   (a)  the  mission  of  the consortium and principles of ethical use of
 artificial intelligence technologies;
   (b) procedures for application and approval of new members and  policy
 regarding rights and responsibilities of a member of the consortium;
   (c) adequate privacy controls to ensure the privacy and confidentiali-
 ty of individuals' personal data; and
   (d)  adequate  cybersecurity  controls  to ensure the confidentiality,
 integrity, and availability of systems and data.
   3. Financial oversight of the consortium. No later than May  first  of
 each  year  after  the  incorporation  of the consortium, the consortium
 shall submit to the governor, the temporary president of the senate, the
 speaker of the assembly, and  the  director  of  budget,  the  certified
 financial  statements  prepared  in  accordance  with generally accepted
 accounting principles by a certified public accountant.  The  consortium
 shall  be required on and after January first of each year to afford the
 certified public accountant convenient access at all reasonable hours to
 all books, records, and other documents, including but  not  limited  to
 invoices  and  vouchers,  necessary or useful in the preparation of such
 statements and in the verification of the monthly  statements  submitted
 to the consortium.
   §  4.  This act shall take effect immediately; provided, however, that
 section three of this act shall expire and be deemed repealed five years
 after such date.
 
                                 SUBPART B
 
   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New York at Buffalo ("UB") seeks to use a portion of the
 grounds and facilities on UB's campus for the purposes of the empire  AI
 consortium  to  create and launch a state-of-the-art artificial intelli-
 gence computing center. The legislature further finds that housing  this
 consortium  on the UB campus will allow the consortium to bring together
 artificial  intelligence  researchers  and  scientists   to   accelerate
 research  and  innovation.  Finally, the legislature finds that granting
 the trustees of the state university of New York the authority and power
 to lease and otherwise contract  to  make  available  such  grounds  and
 facilities  for  such  purpose will serve the interests of the people of
 New York state by  expanding  educational  and  research  opportunities,
 spurring innovation, and strengthening the economy.
   §  2. Notwithstanding any other law to the contrary, the state univer-
 sity trustees are authorized and empowered, without any public  bidding,
 to  lease  and  otherwise  contract  to  make available to the empire AI
 S. 8308--C                         107                        A. 8808--C
 
 consortium (the "ground lessee") a portion of the lands of the universi-
 ty generally described in  this  act  for  the  purpose  of  developing,
 constructing,  maintaining  and  operating  a  facility  situated on the
 campus  of  the  state  university of New York at Buffalo for use by the
 empire AI consortium, an artificial intelligence data science technology
 hub and computing center. The lease shall permit the construction  of  a
 facility  by  the university at Buffalo, its affiliates or related enti-
 ties at the direction of the consortium, or the  empire  AI  consortium.
 Notwithstanding  anything  in  this  act  to the contrary, the empire AI
 consortium and/or any subsidiary  of  such  consortium  is  specifically
 authorized  to  operate  on  the  leased  real  property.  Such lease or
 contract shall be without any fee simple conveyance and  otherwise  upon
 terms  and  conditions  determined  by  such  trustees,  subject  to the
 approval of the director of the division of  the  budget,  the  attorney
 general  and  the state comptroller. In the event that the real property
 that is the subject of such lease or contract shall cease to be used for
 the purpose described in this act, such lease or  contract  shall  imme-
 diately  terminate,  and  the real property and any improvements thereon
 shall revert to the state university of New York. Any lease or  contract
 entered  into  pursuant  to this act shall be for a period not exceeding
 twenty years, and provide that the real property that is the subject  of
 such  lease or contract and any improvements thereon shall revert to the
 state university of New York on  the  expiration  of  such  contract  or
 lease.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement  shall  be  deemed
 public work and shall be subject to and performed in accordance with the
 provisions  of  article 8 of the labor law to the same extent and in the
 same manner as a contract of the state,  and  compliance  with  all  the
 provisions  of  article  8  of  the  labor  law shall be required of any
 lessee, sublessee, contractor or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined in paragraph e of subdivision 5 of section 220 of the labor  law
 to the same extent as a contract of the state.
   §  5. Notwithstanding any law, rule or regulation to the contrary, the
 state university of New York shall not contract out to the ground lessee
 or any subsidiary for the instruction or any  pedagogical  functions  or
 services,  or  any  administrative  services,  and  similar professional
 services currently being exclusively performed by state  employees.  All
 such functions and services shall be performed by state employees pursu-
 ant  to  the  civil service law. Nothing in this act shall result in the
 displacement of any currently employed state worker or the loss of posi-
 tion (including partial displacement such as reduction in the  hours  of
 non-overtime, wages or employment benefits), or result in the impairment
 of  existing  contracts  for  services  or  collective bargaining rights
 S. 8308--C                         108                        A. 8808--C
 
 pursuant to existing agreements. All positions currently  at  the  state
 university  of New York in the unclassified service of the civil service
 law shall remain in the unclassified service.
   § 6. For the purposes of this act:
   (a)  "Project"  shall mean work at the property authorized by this act
 to be leased to the ground lessee as described in section twelve of this
 act that involves the design, construction, reconstruction,  demolition,
 excavation,  rehabilitation,  repair, renovation, alteration or improve-
 ment of such property.
   (b)  "Project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining  agreement  between  a  contractor  and a labor organization,
 establishing the labor organization as the collective bargaining  repre-
 sentative  for  all  persons  who  will perform work on the project, and
 which provides that only contractors and subcontractors who sign a  pre-
 negotiated  agreement  with  the  labor organization can perform project
 work.
   § 7. Nothing in this act shall be deemed to waive or impair any rights
 or benefits of employees of the state university of New York that other-
 wise would be available to them pursuant  to  the  terms  of  agreements
 between the certified representatives of such employees and the state of
 New  York  pursuant to article 14 of the civil service law, and all work
 performed on such property that ordinarily would be performed by employ-
 ees subject to article 14 of the civil service law shall continue to  be
 performed by such employees.
   §  8. Notwithstanding the provisions of any general, special, or local
 law or judicial decision  to  the  contrary,  the  ground  lessee  shall
 require  the use of a project labor agreement, as defined in subdivision
 one of section two hundred twenty-two of the labor law, for all contrac-
 tors and subcontractors on the project, consistent with paragraph (a) of
 subdivision 2 of section 222 of the labor law.
   § 9. Without limiting the determination of the terms and conditions of
 such contracts or leases, such terms  and  conditions  may  provide  for
 leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
 improvement, operation and management of and provision of  services  and
 assistance  and  the  granting of licenses, easements and other arrange-
 ments with regard to such grounds and facilities by the  ground  lessee,
 and  parties  contracting with the ground lessee, and in connection with
 such activities, the obtaining of funding or financing,  whether  public
 or private, unsecured or secured (including, but not limited to, secured
 by  leasehold  mortgages  and  assignments  of rents and leases), by the
 ground lessee and parties contracting with the  ground  lessee  for  the
 purposes of completing the project described in this act.
   §  10.  Such  lease  shall  include an indemnity provision whereby the
 lessee or sublessee promises to indemnify, hold harmless and defend  the
 lessor  against all claims, suits, actions, and liability to all persons
 on the leased premises, including tenant, tenant's agents,  contractors,
 subcontractors,  employees,  customers,  guests, licensees, invitees and
 members of the public, for damage to any such person's property, whether
 real or personal, or for personal injuries arising out of  tenant's  use
 or occupation of the demised premises.
   §  11.  Any  construction  contracts entered into pursuant to this act
 between the ground lessee and parties contracting with the ground lessee
 shall be awarded by a competitive process.
   § 12. The property authorized by this act to be leased to  the  ground
 lessee is generally described as within one of two parcels of real prop-
 erty  with  improvements  thereon consisting of a total of approximately
 S. 8308--C                         109                        A. 8808--C
 
 3.13 acres situated on the campus of the state university of New York at
 Buffalo. The description in this section of the parcels that may be made
 available pursuant to this act is not meant to be a  legal  description,
 but is intended only to identify the parcels:
 
 PARCEL 1

 Beginning at a point identified as X coordinate -78.79788341 and Y coor-
 dinate 42.99251367;
 
 Running  thence approximately east for a distance of 400 feet to a point
 identified as X coordinate -78.79638843 and Y coordinate 42.99251637;
 
 Running thence approximately south for a distance of 200 feet to a point
 identified as X coordinate -78.79638612 and Y coordinate 42.99196762;
 
 Running thence approximately west for a distance of 400 feet to a  point
 identified  as  X  coordinate -78.79788117 and Y coordinate 42.99196493;
 and
 
 Running thence approximately north for a distance of  200  feet  to  the
 point or place of beginning.
 
 Containing  80,000  sq.  ft.  (1.84 acres), more or less. Subject to all
 existing easements and restrictions of record.
 
 PARCEL 2
 
 Beginning at a point identified as X coordinate -78.78973207 and Y coor-
 dinate 42.99481553;
 
 Running thence approximately east for a distance of 450 feet to a  point
 identified as X coordinate -78.78808744 and Y coordinate 42.99481837;
 
 Running thence approximately south for a distance of 125 feet to a point
 identified as X coordinate -78.78808635 and Y coordinate 42.9944754;
 
 Running  thence approximately west for a distance of 450 feet to a point
 identified as X coordinate -78.78973097 and  Y  coordinate  42.99447256;
 and
 
 Running  thence  approximately  north  for a distance of 125 feet to the
 point or place of beginning.
 
 Containing 56,250 sq. ft. (1.29 acres), more or  less.  Subject  to  all
 existing easements and restrictions of record.
 
 In  the  event  that  the  trustees  of the state university of New York
 determine that it is in the best interests of the  state  to  utilize  a
 different  parcel  on  the campus of the state university of New York at
 Buffalo for the purposes set out in this act, they are authorized to  do
 so  upon  sixty days notice to the director of the budget, the secretary
 of the senate finance committee, and the secretary of the assembly  ways
 and means committee.
 S. 8308--C                         110                        A. 8808--C
 
   § 13. The state university of New York shall not lease lands described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   §  14. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 15. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or subpart 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 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 act would have been enacted even  if
 such invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through B of this act  shall
 be as specifically set forth in the last section of such Subparts.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgement 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 TT of this act shall be
 as specifically set forth in the last section of such Parts.