[ ] is old law to be omitted.
LBD12573-01-3
S. 4008 2 A. 3008
part UUU of chapter 58 of the laws of 2020 amending the state finance
law relating to providing funding for the Metropolitan Transportation
Authority 2020-2024 capital program and paratransit operating
expenses, in relation to the effectiveness thereof (Part D); to amend
the insurance law, in relation to extending owner controlled insurance
programs in certain instances (Part E); to amend the vehicle and traf-
fic law, in relation to increasing the penalties for purposefully
obstructed license plates (Part F); to amend chapter 929 of the laws
of 1986 amending the tax law and other laws relating to the metropol-
itan transportation authority, in relation to extending certain
provisions thereof applicable to the resolution of labor disputes
(Part G); to amend the penal law and the vehicle and traffic law, in
relation to assaults upon certain employees of a transit agency or
authority, highway workers, motor vehicle inspectors, motor carrier
investigators, and certain classes of public employees (Part H); to
amend the penal law, in relation to transit crimes and prohibition
orders relating to such crimes (Part I); to amend part FF of chapter
55 of the laws of 2017 relating to motor vehicles equipped with auton-
omous vehicle technology, in relation to the effectiveness thereof
(Part J); to amend the vehicle and traffic law, in relation to estab-
lishing speed limits in cities with populations in excess of one
million people (Part K); to amend the vehicle and traffic law, in
relation to certain convictions which shall preclude relicensing of
drivers (Part L); to amend the vehicle and traffic law, in relation to
county clerk retention of fees (Part M); to amend the vehicle and
traffic law, in relation to the increasing fees for violations, to
notices of violations and dismissal of violations, and to appeals of
final determinations of a hearing examiner (Part N); to amend the
transportation law, in relation to allowing for the immediate suspen-
sion, seizure, and impoundment of certain passenger carrying vehicles
regulated by the department of transportation (Part O); to amend the
vehicle and traffic law, in relation to requiring the driver of a
vehicle involved in an accident involving no personal injury or death,
to move the vehicle to a safe location in the vicinity of the incident
(Part P); to amend the tax law, in relation to the metropolitan commu-
ter transportation mobility tax rate; and providing for the repeal of
certain provisions upon the expiration thereof (Part Q); to amend the
racing, pari-mutuel wagering and breeding law, the state finance law
and the public authorities law, in relation to the disposition of
money from certain gaming activity; and providing for the repeal of
such provisions upon expiration thereof (Part R); to amend the banking
law, in relation to authorizing the department of financial services
to promulgate regulations relating to the payment of debit and credit
transactions and imposition of related fees by banking organizations
(Part S); to amend the real property law, in relation to condominium
declarations; and to repeal certain provisions of such law relating
thereto (Part T); 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 U); to amend the gener-
al business law, the not-for-profit corporation law and the public
health law, in relation to creating a natural organic reduction proc-
ess (Part V); to amend the insurance law, in relation to inspections
of automobiles; and providing for the repeal of such provisions upon
expiration thereof (Part W); to amend the public officers law, in
relation to providing virtual meeting flexibility for public bodies
S. 4008 3 A. 3008
serving individuals with disabilities (Part X); to amend the general
business law, in relation to reducing barriers to occupational licens-
ing for cosmetologists (Part Y); to amend the New York state medical
care facilities finance agency act, in relation to the ability to
issue certain bonds and notes (Part Z); to amend the public authori-
ties law, in relation to authorizing the dormitory authority to
provide its services to recipients of grants and loans from the down-
town revitalization program and NY forward program (Part AA); to amend
chapter 97 of the laws of 2019 amending the public authorities law
relating to the award of contracts to small businesses, minority-owned
business enterprises and women-owned business enterprises, in relation
to extending the effectiveness thereof (Part BB); to amend the econom-
ic development law, the education law, the real property tax law, the
tax law, the labor law and the administrative code of the city of New
York, in relation to creating the EPIC program (Part CC); to amend the
urban development corporation act, in relation to the small business
innovation research and small business technology transfer grant
programs (Part DD); to amend the public authorities law, in relation
to the Battery Park city authority (Part EE); to amend the state
finance law, in relation to the excelsior linked deposit program (Part
FF); 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 GG); to amend the executive
law, in relation to reciprocal minority and women-owned business
enterprise certification; to amend the state finance law, in relation
to discretionary purchases to certified minority and women-owned
business enterprises; to amend the New York city charter, in relation
to procurements of goods, services and construction; and to repeal
certain provisions of the executive law relating thereto (Part HH); to
amend the New York city public works investment act, in relation to
authorizing the use of certain alternative project delivery methods
(Part II); 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
development fund (Part JJ); to amend the insurance law, in relation to
exempting certain public construction projects from certain
restrictions (Part KK); to amend part BB of chapter 58 of the laws of
2012, amending the public authorities law, relating to authorizing the
dormitory authority to enter into certain design and construction
management agreements, in relation to the effectiveness thereof (Part
LL); to amend the vehicle and traffic law and the parks, recreation
and historic preservation law, in relation to fees for the registra-
tion of snowmobiles and fees collected for the snowmobile trail and
maintenance fund (Part MM); to amend the navigation law, in relation
to equipment to be carried on vessels (Part NN); to amend the general
municipal law, in relation to purchase contracts for New York State
grown, harvested, or produced food and food products (Part OO); to
amend the environmental conservation law, in relation to enacting the
"waste reduction and recycling infrastructure act"; and to amend the
state finance law, in relation to creating the waste reduction, reuse,
and recycling fund (Part PP); to amend the environmental conservation
law, in relation to environmental restoration projects; and to repeal
certain provisions of law relating thereto (Part QQ); to amend the
environmental conservation law and chapter 55 of the laws of 2021
amending the environmental conservation law relating to establishing a
S. 4008 4 A. 3008
deer hunting pilot program, in relation to making the youth deer hunt-
ing program permanent (Part RR); to amend the environmental conserva-
tion law, in relation to pesticide registration timetables and fees
and to amend chapter 67 of the laws of 1992, amending the environ-
mental conservation law relating to pesticide product registration
timetables and fees, in relation to the effectiveness thereof (Part
SS); to amend the county law, in relation to enacting the "Suffolk
County water quality restoration act", authorizing the county of
Suffolk to establish a water quality restoration fund, and authorizing
the county of Suffolk to form a county-wide sewer and wastewater
management district; and to amend the local finance law, in relation
to the period of probable usefulness of septic systems funded by
programs established by the county of Suffolk (Part TT); to amend the
local finance law, in relation to providing a period of probable
usefulness for lead service line replacement programs as a capital
asset (Part UU); to authorize utility and cable television assessments
that provide funds to the department of health from cable television
assessment revenues and to the department of agriculture and markets,
department of environmental conservation, department of state, and the
office of parks, recreation and historic preservation from utility
assessment revenues (Part VV); to amend the energy law and the execu-
tive law, in relation to zero on-site greenhouse gas emissions build-
ing codes for new construction, phasing out heating and hot water
equipment in existing buildings, and establishing building energy
grades (Part WW); to amend the public authorities law and the public
service law, in relation to advancing renewable energy development;
establishing the renewable energy access and community help program;
and providing funding to help prepare workers for employment in the
renewable energy field (Part XX); to amend part LL of chapter 58 of
the laws of 2019 amending the public authorities law relating to the
provision of renewable power and energy by the Power Authority of the
State of New York, in relation to extending the effectiveness thereof
(Part YY); 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 ZZ); and to amend the environmental conserva-
tion law, the public authorities law and the state finance law, in
relation to the creation of the New York cap and invest program and
climate action fund (Part AAA)
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 2023-2024 state fiscal
year. Each component is wholly contained within a Part identified as
Parts A through AAA. 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
S. 4008 5 A. 3008
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-c-1 to read as follows:
§ 1111-C-1. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
OPERATION-RELATED TRAFFIC REGULATIONS. (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE
CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS OPERA-
TION-RELATED TRAFFIC REGULATIONS, AS DEFINED IN SUBDIVISION (F) OF THIS
SECTION. THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK AND/OR
AN APPLICABLE MASS TRANSIT AGENCY, SHALL OPERATE PHOTO DEVICES THAT MAY
BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED
BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON BUSES SELECTED BY THE
APPLICABLE MASS TRANSIT AGENCY.
(B) ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSI-
BLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRAN-
SIT AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE
BUS PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH
BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS OPERA-
TION-RELATED TRAFFIC REGULATIONS, AND IMAGES PRODUCED BY SUCH DEVICE
SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER
REQUIRING SUCH IMAGES TO BE PRODUCED.
(C) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A PHOTO DEVICE
PURSUANT TO THIS SECTION. SUCH MEASURES SHALL INCLUDE:
1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT IMAGES PRODUCED BY SUCH PHOTO DEVICES SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF A VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE
ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER
CONTENTS OF A VEHICLE;
2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY PHOTO
DEVICES EXCEPT:
(I) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT
PAYMENT OF PENALTIES;
(II) AS REQUIRED BY COURT ORDER;
(III) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE
WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR
(IV) AS OTHERWISE REQUIRED BY LAW.
3. THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
REGULAR INTERVALS ALONG AND ADJACENT TO BUS LANES STATING THAT MOBILE
AND STATIONARY PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS RELATING
TO BUS OPERATION TRAFFIC RESTRICTIONS INCLUDING STOPPING, STANDING,
PARKING AND TURNING MOVEMENTS, IN CONFORMANCE WITH STANDARDS ESTABLISHED
IN THE MUTCD; AND
4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
S. 4008 6 A. 3008
(D) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST
SIXTY DAYS THAT PHOTO DEVICES PURSUANT TO THIS SECTION ARE ACTIVE AND IN
OPERATION.
(E) THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS
OPERATION-RELATED TRAFFIC REGULATIONS AND SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER
OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS
SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE
UNDERLYING VIOLATION OF SUCH BUS OPERATION-RELATED TRAFFIC REGULATION.
(F) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "PHOTO DEVICE" SHALL MEAN A MOBILE OR STATIONARY DEVICE THAT IS
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
A BUS OPERATION-RELATED TRAFFIC REGULATION.
3. "BUS OPERATION-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE FOLLOW-
ING RESTRICTIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF THE
RULES OF THE CITY OF NEW YORK: 4-08(C)(3), VIOLATION OF POSTED NO
STANDING RULES PROHIBITED-BUS STOP; 4-08(E)(9), GENERAL NO STOPPING
ZONES-BICYCLE LANES; 4-08(F)(1), GENERAL NO STANDING ZONES-DOUBLE PARK-
ING; AND 4-08(F)(4), GENERAL NO STANDING ZONES-BUS LANES.
4. "LESSOR" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS OF RENTING OR LEAS-
ING VEHICLES TO ANY LESSEE OR BAILEE UNDER A RENTAL AGREEMENT, LEASE OR
OTHERWISE, WHEREIN THE SAID LESSEE OR BAILEE HAS THE EXCLUSIVE USE OF
SAID VEHICLE FOR ANY PERIOD OF TIME.
5. "LESSEE" MEANS ANY PERSON, CORPORATION, FIRM, PARTNERSHIP, AGENCY,
ASSOCIATION OR ORGANIZATION THAT RENTS, BAILS, LEASES OR CONTRACTS FOR
THE USE OF ONE OR MORE VEHICLES AND HAS THE EXCLUSIVE USE THEREOF FOR
ANY PERIOD OF TIME.
6. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" MEANS THE
MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER.
(G) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE,
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY
PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO
THIS SECTION.
(H) AN OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION SHALL BE LIABLE
FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENAL-
TIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR VIOLATING A BUS
OPERATION-RELATED TRAFFIC REGULATION PURSUANT TO THIS SECTION SHALL NOT
EXCEED FIFTY DOLLARS FOR A FIRST OFFENSE, ONE HUNDRED DOLLARS FOR A
SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS
FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS
FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY
S. 4008 7 A. 3008
DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A TWELVE-MONTH PERIOD; AND
PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
(I) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(J) 1. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE SENT BY
FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION UNDER THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED IN SUCH RECORD OF MAILING.
2. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN THE
NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A
VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE
STREET ADDRESS OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION
NUMBER OF THE PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCU-
MENT LOCATOR NUMBER, AND WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF
THE PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING SUCH
PHOTO DEVICE SHALL BE INCLUDED IN THE NOTICE.
3. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL CONTAIN INFOR-
MATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH
HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE
OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED
THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED
AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED
THEREON.
4. A NOTICE OF LIABILITY PURSUANT TO THIS SECTION SHALL BE PREPARED
AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK,
OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH
NOTIFICATION OF VIOLATION.
(K) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(L) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE UNDER THIS SUBDIVISION, IT SHALL BE SUFFICIENT
THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT
BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW
YORK.
(M) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO THIS SECTION SHALL NOT BE LIABLE FOR
THE VIOLATION OF A BUS OPERATION-RELATED TRAFFIC REGULATION, PROVIDED
THAT:
(I) PRIOR TO SUCH VIOLATION, THE LESSOR HAS FILED WITH THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK IN ACCORDANCE WITH THE
PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
S. 4008 8 A. 3008
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK OF THE DATE AND TIME OF A
LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME
AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF
LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDI-
TIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT
DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGU-
LATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. FAILURE TO TIMELY
SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY
PRESCRIBED IN THIS SECTION.
2. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF SUBPARAGRAPH (I)
OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE
DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE
FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABIL-
ITY PURSUANT TO SUBDIVISION (J) OF THIS SECTION.
(N) IF THE OWNER LIABLE FOR A VIOLATION UNDER THIS SECTION WAS NOT THE
OPERATOR OF THE VEHICLE AT THE TIME OF SUCH VIOLATION, SUCH OWNER MAY
MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR OF THE VEHI-
CLE AT THE TIME OF SUCH VIOLATION.
(O) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A BUS OPERATION-RELATED
TRAFFIC REGULATION.
(P) THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES PURSUANT TO
THIS SECTION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, WITHIN TWELVE MONTHS OF
OPERATION OF SUCH PHOTO DEVICES AND EVERY TWO YEARS THEREAFTER. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
WERE USED UNDER THIS SECTION;
2. THE TOTAL NUMBER OF VIOLATIONS UNDER THIS SECTION RECORDED ON A
MONTHLY AND ANNUAL BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED UNDER THIS SECTION;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY UNDER THIS SECTION;
5. THE NUMBER OF VIOLATIONS UNDER THIS SECTION ADJUDICATED AND RESULTS
OF SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK AND
ANY PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION;
7. THE QUALITY OF THE ADJUDICATION PROCESS UNDER THIS SECTION AND ITS
RESULTS;
8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED UNDER THIS
SECTION;
9. THE TOTAL COST TO THE CITY OF NEW YORK AND THE TOTAL COST TO ANY
PARTICIPATING MASS TRANSIT AGENCY UNDER THIS SECTION; AND
10. A DETAILED REPORT ON THE BUS SPEEDS, RELIABILITY, AND RIDERSHIP
BEFORE AND AFTER IMPLEMENTATION OF THE DEMONSTRATION PROGRAM FOR EACH
BUS ROUTE, INCLUDING CURRENT STATISTICS.
(Q) ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
SECTION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY OF
NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS TO
BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK CITY
TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION TWELVE
HUNDRED SEVENTY-I OF THE PUBLIC AUTHORITIES LAW.
S. 4008 9 A. 3008
§ 2. The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by means of bus lane photo
devices, as amended by section 2 of part D of chapter 39 of the laws of
2019, is amended to read as follows:
This act shall take effect on the ninetieth day after it shall have
become a law [and shall expire 15 years after such effective date when
upon such date the provisions of this act shall be deemed repealed]; and
provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
§ 3. Subdivision 1 of section 235 of the vehicle and traffic law, as
separately added by chapters 421, 460, and 773 of the laws of 2021, and
paragraph (h) as relettered by chapter 258 of the laws of 2022, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal: (a) to hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations, or (b) to adjudi-
cate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter, or (c) to adjudicate the liability of
owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or (d) to adjudicate the liability of owners for
violations of bus lane restrictions as defined by article twenty-four of
this chapter imposed pursuant to a bus rapid transit program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such bus lane restrictions through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter, or (e) to adjudicate the liability of
owners for violations of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public authori-
ties to impose monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with toll collection regulations of
such public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
the liability of owners for violations of section eleven hundred seven-
ty-four of this chapter when meeting a school bus marked and equipped as
provided in subdivisions twenty and twenty-one-c of section three
hundred seventy-five of this chapter imposed pursuant to a local law or
ordinance imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
S. 4008 10 A. 3008
violation monitoring systems, in accordance with article twenty-nine of
this chapter, or (g) to adjudicate the liability of owners for
violations of section three hundred eighty-five of this chapter and the
rules of the department of transportation of the city of New York in
relation to gross vehicle weight and/or axle weight violations imposed
pursuant to a weigh in motion demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with such gross vehicle weight and/or axle weight restrictions
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter, or
(h) to adjudicate the liability of owners for violations of subdivision
(b), (d), (f) or (g) of section eleven hundred eighty of this chapter
imposed pursuant to a demonstration program imposing monetary liability
on the owner of a vehicle for failure of an operator thereof to comply
with such posted maximum speed limits within a highway construction or
maintenance work area through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, such tribunal and the rules and regulations pertaining
thereto shall be constituted in substantial conformance with the follow-
ing sections, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS FOR ANY OTHER
VIOLATION OF A BUS OPERATION-RELATED TRAFFIC RESTRICTION REGULATION, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER.
§ 4. This act shall take effect immediately; provided that section one
of this act shall expire and be deemed repealed five years after it
shall have become a law.
PART B
Section 1. The vehicle and traffic law is amended by adding a new
section 1180-f to read as follows:
§ 1180-F. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION,
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IS HEREBY AUTHORIZED TO
ESTABLISH A DEMONSTRATION PROGRAM PURSUANT TO WHICH THE CITY OF NEW YORK
SHALL IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF
AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN TBTA
BRIDGE AND TUNNEL ZONES AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. THE TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY MAY INSTALL PHOTO SPEED VIOLATION MONITORING
SYSTEMS AS APPROPRIATE, PROVIDED, HOWEVER, IN SELECTING WHERE TO INSTALL
AND OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY SHALL CONSIDER CRITERIA INCLUDING, BUT NOT
LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND THE ROADWAY GEOMETRY
APPLICABLE TO SUCH BRIDGES AND TUNNELS. THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY SHALL PRIORITIZE THE PLACEMENT OF PHOTO SPEED VIOLATION MONI-
TORING SYSTEMS IN BRIDGES AND TUNNELS BASED UPON SPEED DATA OR THE CRASH
HISTORY OF A BRIDGE AND TUNNEL. A PHOTO SPEED VIOLATION MONITORING
SYSTEM SHALL NOT BE INSTALLED OR OPERATED ON A CONTROLLED-ACCESS HIGHWAY
EXIT RAMP OR WITHIN THREE HUNDRED FEET ALONG A HIGHWAY THAT CONTINUES
FROM THE END OF A CONTROLLED-ACCESS HIGHWAY EXIT RAMP.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
BRIDGE OR TUNNEL UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN
ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS
SUBDIVISION. THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL INSTALL
S. 4008 11 A. 3008
SIGNS BEARING THE WORDS "PHOTO ENFORCED" BELOW SPEED LIMIT SIGNS GIVING
WRITTEN NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT A PHOTO SPEED
VIOLATION MONITORING SYSTEM IS IN USE, IN CONFORMANCE WITH STANDARDS
ESTABLISHED IN THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP
THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE PRODUCING A
RECORDED IMAGE THAT DAY. THE CITY OF NEW YORK SHALL RETAIN EACH SUCH
DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION
MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM
USE OR THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY
ISSUED BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED
IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE CITY OF NEW
YORK SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE
UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY
ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEM.
5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE CITY OF NEW YORK SHOWS
THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS
PARAGRAPH IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE CITY OF NEW YORK FOR THE PURPOSE OF THE ADJUDI-
CATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER
RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE
DESTROYED BY THE CITY OF NEW YORK UPON THE FINAL RESOLUTION OF THE
NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF
ISSUANCE OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTAND-
ING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE
FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE
PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED
BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR
PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION
OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC
ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFOR-
MATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY
OTHER RECORDED IMAGES FROM SUCH SYSTEMS:
S. 4008 12 A. 3008
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) IF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY ESTABLISHES A DEMON-
STRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER
OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS
SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE
OWNER, EXPRESS OR IMPLIED, WITHIN A TBTA BRIDGE AND TUNNEL ZONE IN
VIOLATION OF SUBDIVISION (B), (G) OR PARAGRAPH ONE OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVEL-
ING AT A SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED
LIMIT IN EFFECT WITHIN SUCH TBTA BRIDGE AND TUNNEL ZONE, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE
OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION
OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
S. 4008 13 A. 3008
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A SCHOOL SPEED ZONE IN VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
4. "TBTA BRIDGE AND TUNNEL ZONES" SHALL MEAN THOSE BRIDGES AND TUNNELS
MAINTAINED AND OPERATED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY,
AND ANY APPROACH, ENTRANCE, OR EXIT THERETO.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, OR A FACSIMILE THEREOF,
BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING
SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
EVIDENCING SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME
STAMPED IMAGES OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME
STATIONARY OBJECT NEAR THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR
INSPECTION REASONABLY IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE
THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST
VIOLATION, SEVENTY-FIVE DOLLARS FOR A SECOND VIOLATION BOTH OF WHICH
WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION ALL OF WHICH WERE COMMITTED
WITHIN A PERIOD OF EIGHTEEN MONTHS; PROVIDED, HOWEVER, THAT AN ADDI-
TIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION
MAY BE IMPOSED FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
S. 4008 14 A. 3008
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TRIBOR-
OUGH BRIDGE AND TUNNEL AUTHORITY, OR BY ANY OTHER ENTITY AUTHORIZED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO PREPARE AND MAIL SUCH
NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER
TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A CITY
HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE
COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR
STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
CATION BY SUCH TRIBUNAL.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR
PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC
VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS
BUREAU.
(J) 1. WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSU-
ANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A COURT HAVING
JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT
HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE
NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF
SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE
ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN
SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE
PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF
SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A
NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
2. (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION
OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
S. 4008 15 A. 3008
BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY ADOPTS A DEMON-
STRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL CONDUCT A STUDY AND SUBMIT
A REPORT ON OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-SIX AND A REPORT ON
OR BEFORE MAY FIRST, TWO THOUSAND TWENTY-EIGHT ON THE RESULTS OF THE USE
OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY. THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY SHALL ALSO MAKE SUCH REPORTS AVAILABLE ON THEIR PUBLIC-FACING
WEBSITES, PROVIDED THAT THEY MAY PROVIDE AGGREGATE DATA FROM PARAGRAPH
ONE OF THIS SUBDIVISION IF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC
SAFETY. SUCH REPORT SHALL INCLUDE:
1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
S. 4008 16 A. 3008
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN TBTA BRIDGE AND TUNNEL
ZONES, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN TBTA BRIDGE AND TUNNEL
ZONES WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE
EXTENT THE INFORMATION IS MAINTAINED BY THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN TBTA BRIDGE AND TUNNEL
ZONES, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS TO THE
EXTENT THE INFORMATION IS MAINTAINED BY THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH TBTA BRIDGE AND
TUNNEL ZONE WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
6. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, THE NUMBER OF VIOLATIONS RECORDED WITHIN
ALL TBTA BRIDGE AND TUNNEL ZONES THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY CONSTRUCTION
OR MAINTENANCE WORK AREA WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM
IS USED THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO
THE EXTENT THE INFORMATION IS MAINTAINED BY THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY;
10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY IN CONNECTION WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY AND THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM;
13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY ON WORK ZONE SAFETY PROJECTS UNDERTAKEN IN ACCORDANCE
WITH THIS SECTION; AND
14. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS, TO THE
EXTENT THE INFORMATION IS MAINTAINED BY THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY.
S. 4008 17 A. 3008
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 2. Section 1803 of the vehicle and traffic law is amended by adding
a new subdivision 13 to read as follows:
13. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH E OF SUBDIVISION ONE OF
THIS SECTION, WHERE THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY HAS
ESTABLISHED A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-F OF THIS
CHAPTER, ANY FINE OR PENALTY COLLECTED BY A COURT, JUDGE, MAGISTRATE OR
OTHER OFFICER FOR AN IMPOSITION OF LIABILITY WHICH OCCURS PURSUANT TO
SUCH PROGRAM SHALL BE PAID TO THE STATE COMPTROLLER WITHIN THE FIRST TEN
DAYS OF THE MONTH FOLLOWING COLLECTION. EVERY SUCH PAYMENT SHALL BE
ACCOMPANIED BY A STATEMENT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PROVIDE. THE COMPTROLLER SHALL PAY SUCH FINE OR PENALTY IMPOSED
FOR SUCH LIABILITY TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
§ 3. For the purpose of informing and educating owners of motor vehi-
cles in this state, an agency or authority authorized to issue notices
of liability pursuant to the provisions of this act shall, during the
first thirty-day period in which the photo speed violation monitoring
systems are in operation pursuant to the provisions of this act, issue a
written warning in lieu of a notice of liability to all owners of motor
vehicles who would be held liable for failure of operators thereof to
comply with subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of the vehicle and traffic law in accordance with section eleven
hundred eighty-e of the vehicle and traffic law.
§ 4. This act shall take effect one year after it shall have become a
law; provided, however, that sections one and two of this act shall
expire and be deemed repealed 5 years after such effective date when
upon such date the provisions of such sections shall be deemed repealed.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
PART C
Section 1. Section 3 of part PP of chapter 54 of the laws of 2016,
amending the public authorities law relating to the New York transit
authority and the metropolitan transportation authority, as amended by
section 1 of part J of chapter 58 of the laws of 2022, 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, 2023, 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. Subdivisions 1, 2, 3, 4 and 6 of section 1209 of the public
authorities law are REPEALED and subdivisions 5, 7, 8, 9, 10, 11, 12,
13, 14 and 15 are renumbered subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9 and
10.
S. 4008 18 A. 3008
§ 3. Subdivision 1 of section 1265-a of the public authorities law,
as amended by section 1-a of subpart C of part ZZZ of chapter 59 of the
laws of 2019, is amended to read as follows:
1. The provisions of this section shall [only] apply to procurements
by the authority [commenced during the period from April first, nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one, and during the period from December sixteenth, nineteen hundred
ninety-three until June thirtieth, two thousand twenty-three; provided,
however, that the provisions of this section shall not apply to (i) the
award of any contract of the authority if the bid documents for such
contract so provide and such bid documents are issued within sixty days
of the effective date of this section or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a period of one
hundred eighty days after the effective date of this section or for a
period of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an invitation
to bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this section
or during the period from January first, nineteen hundred ninety-two
until December sixteenth, nineteen hundred ninety-three], INCLUDING
THOSE MADE ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES.
§ 4. Section 15 of part OO of chapter 54 of the laws of 2016, amending
the public authorities law relating to procurements by the New York City
transit authority and the metropolitan transportation authority,
as amended by section 1 of part YY of chapter 55 of the laws of 2021, is
amended to read as follows:
§ 15. This act shall take effect immediately[, and shall expire and be
deemed repealed April 1, 2024]; PROVIDED, HOWEVER, SECTIONS THREE, NINE,
AND TWELVE OF THIS CHAPTER SHALL EXPIRE AND BE DEEMED REPEALED APRIL 1,
2024.
§ 5. Subdivision 1 of section 1207-a of the public authorities law,
as added by chapter 655 of the laws of 1962, is amended to read as
follows:
1. Notwithstanding the provisions of sections twelve hundred through
twelve hundred twenty-one, inclusive, of this title or of any other
provisions of law to the contrary, but subject to the provisions of
section twelve hundred seven-j of this title, the authority shall have
power to purchase no more than seven hundred twenty-four cars for the
rapid transit lines under the jurisdiction of the authority and to
finance the purchase price thereof by the issuance of bonds and notes of
the authority in accordance with the provisions of section twelve
hundred seven-b of this title. Any purchase contract for the purchase of
such cars shall be made by the authority [only upon public letting
founded on sealed bids] in accordance with the requirements of [subdivi-
sion two of] section twelve hundred nine of this title.
§ 6. This act shall take effect immediately.
PART D
Section 1. Section 1205 of the public authorities law is amended by
adding a new subdivision 9 to read as follows:
9. (A) NOTWITHSTANDING ANY PROVISION OF LAW, REGULATION, OR AGREEMENT
TO THE CONTRARY IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
BEGINNING ON JULY FIRST, TWO THOUSAND TWENTY-THREE, THE CITY OF NEW YORK
SHALL FUND ONE HUNDRED PERCENT OF THE NET PARATRANSIT OPERATING EXPENSES
OF THE METROPOLITAN TRANSPORTATION AUTHORITY, PROVIDED THAT SUCH
S. 4008 19 A. 3008
CONTRIBUTION SHALL NOT EXCEED THE MAXIMUM PARATRANSIT FUNDING CONTRIB-
UTION FOR THE APPLICABLE YEAR.
(I) NET PARATRANSIT OPERATING EXPENSES SHALL CONSIST OF THE TOTAL
OPERATING EXPENSES OF THE PARATRANSIT PROGRAM MINUS THE SIX PERCENT OF
THE URBAN TAX DEDICATED TO PARATRANSIT SERVICES AS OF THE DATE OF THIS
ACT AND MINUS ANY MONEY COLLECTED AS PASSENGER FARES FROM PARATRANSIT
OPERATIONS.
(II) THE MAXIMUM PARATRANSIT FUNDING CONTRIBUTION SHALL BE SIX HUNDRED
TWO MILLION DOLLARS FOR TWO THOUSAND TWENTY-FOUR AND SHALL INCREASE BY
TEN PERCENT EACH YEAR THROUGH TWO THOUSAND TWENTY-EIGHT. DURING THE
FIVE-YEAR PERIOD BEGINNING TWO THOUSAND TWENTY-NINE AND DURING EACH
SUBSEQUENT FIVE-YEAR PERIOD, THE MAXIMUM PARATRANSIT FUNDING CONTRIB-
UTION FOR THE FIRST YEAR SHALL BE ONE HUNDRED TEN PERCENT OF THE ACTUAL
AMOUNT OF THE PARATRANSIT FUNDING CONTRIBUTION FOR THE IMMEDIATELY
PRECEDING YEAR, AND SHALL INCREASE BY TEN PERCENT EACH YEAR FOR THE
SUBSEQUENT FOUR YEARS.
(B) NOTWITHSTANDING ANY PROVISION OF LAW, REGULATION, OR AGREEMENT TO
THE CONTRARY IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
BEGINNING ON JULY FIRST, TWO THOUSAND TWENTY-THREE, THE CITY OF NEW YORK
SHALL FUND ONE HUNDRED PERCENT OF THE METROPOLITAN TRANSPORTATION
AUTHORITY'S NET FARE REVENUE DIFFERENTIAL RESULTING FROM REDUCED STUDENT
FARE PROGRAMS FOR STUDENTS IN GRADES KINDERGARTEN THROUGH TWELVE FOR
TRAVEL WITHIN THE CITY. NET FARE REVENUE DIFFERENTIAL SHALL CONSIST
OF THE TOTAL OPERATING EXPENSES OF THE SCHOOLFARE PROGRAM MINUS ANY
CONTRIBUTION FROM THE STATE OF NEW YORK. THE CITY SHALL ALSO FUND ONE
HUNDRED PERCENT OF THE METROPOLITAN TRANSPORTATION AUTHORITY'S TOTAL
ADMINISTRATIVE EXPENSES FOR SUCH PROGRAMS.
(C) NOTWITHSTANDING ANY PROVISION OF LAW, REGULATION, OR AGREEMENT TO
THE CONTRARY IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
BEGINNING ON JULY FIRST, TWO THOUSAND TWENTY-THREE, THE CITY OF NEW YORK
SHALL FUND ANNUALLY, IN THE MANNER PROVIDED BY PARAGRAPH (F) OF THIS
SUBDIVISION, AN AMOUNT EQUAL TO FORTY-SEVEN PERCENT OF THE FUNDS APPRO-
PRIATED BY THE STATE FOR THE PURPOSE OF FUNDING THE FOREGONE REVENUES OF
THE METROPOLITAN TRANSPORTATION AUTHORITY RESULTING FROM EMPLOYERS
EXEMPTED FROM PAYMENT OF THE METROPOLITAN COMMUTER TRANSPORTATION MOBIL-
ITY TAX OF SECTION EIGHT HUNDRED ONE OF THE TAX LAW, BY SECTION EIGHT
HUNDRED OF THE TAX LAW.
(D) THE CITY OF NEW YORK SHALL PAY TO THE METROPOLITAN TRANSPORTATION
AUTHORITY THE FUNDING AMOUNTS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDI-
VISION ON A MONTHLY BASIS IN THE AMOUNTS CALCULATED BY THE METROPOLITAN
TRANSPORTATION AUTHORITY. THERE SHALL BE AN ANNUAL RECONCILIATION PROC-
ESS TO ADJUST FOR ANY OVERPAYMENT OR UNDERPAYMENT. THE CITY SHALL
PROVIDE CERTIFICATION OF SUCH PAYMENTS TO THE STATE COMPTROLLER AND THE
NEW YORK STATE DIRECTOR OF THE BUDGET NO LATER THAN SEVEN DAYS AFTER
MAKING EACH PAYMENT. THE CITY CERTIFICATION SHALL SPECIFY THE DATE UPON
WHICH SUCH PAYMENT WAS MADE, AND THE AMOUNTS PAID PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION.
(E) THE CITY OF NEW YORK SHALL PAY TO THE METROPOLITAN TRANSPORTATION
AUTHORITY THE FUNDING AMOUNTS SPECIFIED IN PARAGRAPH (B) OF THIS
SUBDIVISION ON A MONTHLY BASIS IN THE AMOUNTS CALCULATED BY THE
METROPOLITAN TRANSPORTATION AUTHORITY. THERE SHALL BE AN ANNUAL RECON-
CILIATION PROCESS TO ADJUST FOR ANY OVERPAYMENT OR UNDERPAYMENT. THE
CITY SHALL PROVIDE CERTIFICATION OF SUCH PAYMENTS TO THE STATE COMP-
TROLLER AND THE NEW YORK STATE DIRECTOR OF THE BUDGET NO LATER THAN
SEVEN DAYS AFTER MAKING EACH PAYMENT. THE CITY CERTIFICATION SHALL SPEC-
S. 4008 20 A. 3008
IFY THE DATE UPON WHICH SUCH PAYMENT WAS MADE, AND THE AMOUNTS PAID
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(F) THE CITY OF NEW YORK SHALL PAY TO THE METROPOLITAN TRANSPORTATION
AUTHORITY THE FUNDING AMOUNTS SPECIFIED IN PARAGRAPH (C) OF THIS SUBDI-
VISION ON A MONTHLY BASIS IN THE AMOUNTS CALCULATED BY THE METROPOLITAN
TRANSPORTATION AUTHORITY. THERE SHALL BE AN ANNUAL RECONCILIATION PROC-
ESS TO ADJUST FOR ANY OVERPAYMENT OR UNDERPAYMENT. THE CITY SHALL
PROVIDE CERTIFICATION OF SUCH PAYMENTS TO THE STATE COMPTROLLER AND THE
NEW YORK STATE DIRECTOR OF THE BUDGET NO LATER THAN SEVEN DAYS AFTER
MAKING EACH PAYMENT. THE CITY CERTIFICATION SHALL SPECIFY THE DATE UPON
WHICH SUCH PAYMENT WAS MADE, AND THE AMOUNTS PAID PURSUANT TO PARAGRAPH
(C) OF THIS SUBDIVISION.
§ 2. Section 92-jj of the state finance law, as added by section 8 of
part UUU of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 92-jj. Metropolitan transportation authority paratransit assistance
fund. 1. There is hereby established in the custody of the comptroller a
special fund to be known as the metropolitan transportation authority
paratransit assistance fund.
2. Such fund shall consist of any monies directed thereto pursuant to
the provisions of [section seven of the part of the chapter of the laws
of two thousand twenty which added] SUBDIVISION FOUR OF this section.
3. All monies deposited into the fund pursuant to [the part of the
chapter of the laws of two thousand twenty which added] SUBDIVISION FOUR
OF this section shall be paid to the metropolitan transportation author-
ity by the comptroller, without appropriation, for use in the same
manner as the payments required by [section six of such part] PARAGRAPH
(D) OF SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE OF THE PUBLIC
AUTHORITIES LAW, as soon as practicable but not more than five days from
the date the comptroller determines that the full amount of the unpaid
balance of any payment required by [section seven of such part] SUBDIVI-
SION FOUR OF THIS SECTION has been deposited into the fund.
4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE
EVENT THE CITY OF NEW YORK FAILS TO CERTIFY TO THE STATE COMPTROLLER AND
THE NEW YORK STATE DIRECTOR OF THE BUDGET THAT THE CITY HAS PAID IN FULL
ANY PAYMENT FOR NET PARATRANSIT OPERATING EXPENSES OF THE METROPOLITAN
TRANSPORTATION AUTHORITY AS REQUIRED BY PARAGRAPH (D) OF SUBDIVISION
NINE OF SECTION TWELVE HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, THE
NEW YORK STATE DIRECTOR OF THE BUDGET SHALL DIRECT THE STATE COMPTROLLER
TO TRANSFER, COLLECT, OR DEPOSIT FUNDS IN ACCORDANCE WITH PARAGRAPH (B)
OF THIS SUBDIVISION IN AN AMOUNT EQUAL TO THE UNPAID BALANCE OF ANY SUCH
PAYMENT REQUIRED BY PARAGRAPH (D) OF SUBDIVISION NINE OF SECTION TWELVE
HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, AND ANY SUCH DEPOSITS SHALL
BE COUNTED AGAINST THE CITY'S FUNDING OBLIGATION FOR NET PARATRANSIT
OPERATING EXPENSES OF THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT
TO PARAGRAPH (A) OF SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE OF
THE PUBLIC AUTHORITIES LAW. SUCH DIRECTION SHALL BE PURSUANT TO A WRIT-
TEN PLAN OR PLANS FILED WITH THE STATE COMPTROLLER, THE CHAIRPERSON OF
THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND AS SET
FORTH IN A PLAN OR PLANS SUBMITTED BY THE NEW YORK STATE DIRECTOR OF THE
BUDGET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE COMP-
TROLLER IS HEREBY DIRECTED AND AUTHORIZED TO: (I) TRANSFER FUNDS AUTHOR-
IZED BY ANY UNDISBURSED GENERAL FUND AID TO LOCALITIES APPROPRIATIONS OR
STATE SPECIAL REVENUE FUND AID TO LOCALITIES APPROPRIATIONS, EXCLUDING
S. 4008 21 A. 3008
DEBT SERVICE, FIDUCIARY, AND FEDERAL FUND APPROPRIATIONS, TO THE CITY TO
THE METROPOLITAN TRANSPORTATION AUTHORITY PARATRANSIT ASSISTANCE FUND
ESTABLISHED BY THIS SECTION IN ACCORDANCE WITH SUCH PLAN; AND/OR (II)
COLLECT AND DEPOSIT INTO THE METROPOLITAN TRANSPORTATION AUTHORITY PARA-
TRANSIT ASSISTANCE FUND ESTABLISHED BY THIS SECTION FUNDS FROM ANY OTHER
REVENUE SOURCE OF THE CITY, INCLUDING THE SALES AND USE TAX, IN ACCORD-
ANCE WITH SUCH PLAN. THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND
DIRECTED TO MAKE SUCH TRANSFERS, COLLECTIONS AND DEPOSITS AS SOON AS
PRACTICABLE BUT NOT MORE THAN THREE DAYS FOLLOWING THE TRANSMITTAL OF
SUCH PLAN TO THE COMPTROLLER IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
SUBDIVISION.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE STATE'S
OBLIGATION AND/OR LIABILITY TO FUND ANY PROGRAM INCLUDED IN GENERAL FUND
AID TO LOCALITIES APPROPRIATIONS OR STATE SPECIAL REVENUE FUND AID TO
LOCALITIES APPROPRIATIONS FROM WHICH FUNDS ARE TRANSFERRED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE REDUCED IN AN AMOUNT EQUAL TO
SUCH TRANSFER OR TRANSFERS.
§ 3. The state finance law is amended by adding a new section 92-kk to
read as follows:
§ 92-KK. METROPOLITAN TRANSPORTATION AUTHORITY SCHOOLFARE ASSISTANCE
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER A
SPECIAL FUND TO BE KNOWN AS THE METROPOLITAN TRANSPORTATION AUTHORITY
SCHOOLFARE ASSISTANCE FUND.
2. SUCH FUND SHALL CONSIST OF ANY MONIES DIRECTED THERETO PURSUANT TO
THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION.
3. ALL MONIES DEPOSITED INTO THE FUND PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION SHALL BE PAID TO THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY BY THE COMPTROLLER, WITHOUT APPROPRIATION, FOR USE IN THE SAME
MANNER AS THE PAYMENTS REQUIRED BY PARAGRAPH (E) OF SUBDIVISION NINE OF
SECTION TWELVE HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, AS SOON
AS PRACTICABLE BUT NOT MORE THAN FIVE DAYS FROM THE DATE THE COMP-
TROLLER DETERMINES THAT THE FULL AMOUNT OF THE UNPAID BALANCE OF ANY
PAYMENT REQUIRED BY SUBDIVISION FOUR OF THIS SECTION HAS BEEN DEPOSITED
INTO THE FUND.
4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE
EVENT THE CITY OF NEW YORK FAILS TO CERTIFY TO THE STATE COMPTROLLER AND
THE NEW YORK STATE DIRECTOR OF THE BUDGET THAT THE CITY HAS PAID IN FULL
ANY PAYMENT FOR STUDENT FARE EXPENSES OF THE METROPOLITAN TRANSPORTA-
TION AUTHORITY AS REQUIRED BY PARAGRAPH (E) OF SUBDIVISION NINE OF
SECTION TWELVE HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, THE NEW YORK
STATE DIRECTOR OF THE BUDGET SHALL DIRECT THE STATE COMPTROLLER TO
TRANSFER, COLLECT, OR DEPOSIT FUNDS IN ACCORDANCE WITH PARAGRAPH (B) OF
THIS SUBDIVISION IN AN AMOUNT EQUAL TO THE UNPAID BALANCE OF ANY SUCH
PAYMENT REQUIRED BY PARAGRAPH (E) OF SUBDIVISION NINE OF SECTION TWELVE
HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, AND ANY SUCH DEPOSITS SHALL
BE COUNTED AGAINST THE CITY'S FUNDING OBLIGATION FOR STUDENT FARE
EXPENSES OF THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO PARA-
GRAPH (B) OF SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE OF THE
PUBLIC AUTHORITIES LAW. SUCH DIRECTION SHALL BE PURSUANT TO A WRITTEN
PLAN OR PLANS FILED WITH THE STATE COMPTROLLER, THE CHAIRPERSON OF THE
SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND AS SET
FORTH IN A PLAN OR PLANS SUBMITTED BY THE NEW YORK STATE DIRECTOR OF THE
BUDGET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE COMP-
TROLLER IS HEREBY DIRECTED AND AUTHORIZED TO: (I) TRANSFER FUNDS AUTHOR-
S. 4008 22 A. 3008
IZED BY ANY UNDISBURSED GENERAL FUND AID TO LOCALITIES APPROPRIATIONS OR
STATE SPECIAL REVENUE FUND AID TO LOCALITIES APPROPRIATIONS, EXCLUDING
DEBT SERVICE, FIDUCIARY, AND FEDERAL FUND APPROPRIATIONS, TO THE CITY TO
THE METROPOLITAN TRANSPORTATION AUTHORITY SCHOOLFARE ASSISTANCE FUND
ESTABLISHED BY THIS SECTION IN ACCORDANCE WITH SUCH PLAN; AND/OR (II)
COLLECT AND DEPOSIT INTO THE METROPOLITAN TRANSPORTATION AUTHORITY
SCHOOLFARE ASSISTANCE FUND ESTABLISHED BY THIS SECTION FUNDS FROM ANY
OTHER REVENUE SOURCE OF THE CITY, INCLUDING THE SALES AND USE TAX, IN
ACCORDANCE WITH SUCH PLAN. THE STATE COMPTROLLER IS HEREBY AUTHORIZED
AND DIRECTED TO MAKE SUCH TRANSFERS, COLLECTIONS AND DEPOSITS AS
SOON AS PRACTICABLE BUT NOT MORE THAN THREE DAYS FOLLOWING THE TRANS-
MITTAL OF SUCH PLAN TO THE COMPTROLLER IN ACCORDANCE WITH PARAGRAPH
(A) OF THIS SUBDIVISION.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE STATE'S
OBLIGATION AND/OR LIABILITY TO FUND ANY PROGRAM INCLUDED IN GENERAL FUND
AID TO LOCALITIES APPROPRIATIONS OR STATE SPECIAL REVENUE FUND AID TO
LOCALITIES APPROPRIATIONS FROM WHICH FUNDS ARE TRANSFERRED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE REDUCED IN AN AMOUNT EQUAL TO
SUCH TRANSFER OR TRANSFERS.
§ 4. The state finance law is amended by adding a new section 92-ll to
read as follows:
§ 92-LL. METROPOLITAN TRANSPORTATION AUTHORITY ASSISTANCE FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER A SPECIAL
FUND TO BE KNOWN AS THE METROPOLITAN TRANSPORTATION AUTHORITY ASSISTANCE
FUND.
2. SUCH FUND SHALL CONSIST OF ANY MONIES DIRECTED THERETO PURSUANT TO
THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION.
3. ALL MONIES DEPOSITED INTO THE FUND PURSUANT TO SUBDIVISION FOUR OF
THIS SECTION SHALL BE PAID TO THE METROPOLITAN TRANSPORTATION AUTHORITY
BY THE COMPTROLLER, WITHOUT APPROPRIATION, FOR USE IN THE SAME MANNER AS
THE PAYMENTS REQUIRED BY PARAGRAPH (F) OF SUBDIVISION NINE OF SECTION
TWELVE HUNDRED FIVE OF THE PUBLIC AUTHORITIES LAW, AS SOON AS PRACTICA-
BLE BUT NOT MORE THAN FIVE DAYS FROM THE DATE THE COMPTROLLER DETERMINES
THAT THE FULL AMOUNT OF THE UNPAID BALANCE OF ANY PAYMENT REQUIRED BY
SUBDIVISION FOUR OF THIS SECTION HAS BEEN DEPOSITED INTO THE FUND.
4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN THE
EVENT THE CITY OF NEW YORK FAILS TO CERTIFY TO THE STATE COMPTROLLER AND
THE NEW YORK STATE DIRECTOR OF THE BUDGET THAT THE CITY HAS PAID IN FULL
ANY PAYMENT TO THE METROPOLITAN TRANSPORTATION AUTHORITY AS REQUIRED BY
PARAGRAPH (F) OF SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE OF THE
PUBLIC AUTHORITIES LAW, THE NEW YORK STATE DIRECTOR OF THE BUDGET SHALL
DIRECT THE STATE COMPTROLLER TO TRANSFER, COLLECT, OR DEPOSIT FUNDS IN
ACCORDANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION IN AN AMOUNT EQUAL TO
THE UNPAID BALANCE OF ANY SUCH PAYMENT REQUIRED BY PARAGRAPH (F) OF
SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE OF THE PUBLIC AUTHORI-
TIES LAW, AND ANY SUCH DEPOSITS SHALL BE COUNTED AGAINST THE CITY'S
FUNDING OBLIGATION TO THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT
TO PARAGRAPH (C) OF SUBDIVISION NINE OF SECTION TWELVE HUNDRED FIVE OF
THE PUBLIC AUTHORITIES LAW. SUCH DIRECTION SHALL BE PURSUANT TO A WRIT-
TEN PLAN OR PLANS FILED WITH THE STATE COMPTROLLER, THE CHAIRPERSON OF
THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND AS SET
FORTH IN A PLAN OR PLANS SUBMITTED BY THE NEW YORK STATE DIRECTOR OF THE
BUDGET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE STATE COMP-
TROLLER IS HEREBY DIRECTED AND AUTHORIZED TO: (I) TRANSFER FUNDS AUTHOR-
S. 4008 23 A. 3008
IZED BY ANY UNDISBURSED GENERAL FUND AID TO LOCALITIES APPROPRIATIONS OR
STATE SPECIAL REVENUE FUND AID TO LOCALITIES APPROPRIATIONS, EXCLUDING
DEBT SERVICE, FIDUCIARY, AND FEDERAL FUND APPROPRIATIONS, TO THE CITY TO
THE METROPOLITAN TRANSPORTATION AUTHORITY ASSISTANCE FUND ESTABLISHED BY
THIS SECTION IN ACCORDANCE WITH SUCH PLAN; AND/OR (II) COLLECT AND
DEPOSIT INTO THE METROPOLITAN TRANSPORTATION AUTHORITY ASSISTANCE FUND
ESTABLISHED BY THIS SECTION FUNDS FROM ANY OTHER REVENUE SOURCE OF THE
CITY, INCLUDING THE SALES AND USE TAX, IN ACCORDANCE WITH SUCH PLAN. THE
STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO MAKE SUCH TRANS-
FERS, COLLECTIONS AND DEPOSITS AS SOON AS PRACTICABLE BUT NOT MORE THAN
THREE DAYS FOLLOWING THE TRANSMITTAL OF SUCH PLAN TO THE COMPTROLLER IN
ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE STATE'S
OBLIGATION AND/OR LIABILITY TO FUND ANY PROGRAM INCLUDED IN GENERAL FUND
AID TO LOCALITIES APPROPRIATIONS OR STATE SPECIAL REVENUE FUND AID TO
LOCALITIES APPROPRIATIONS FROM WHICH FUNDS ARE TRANSFERRED PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE REDUCED IN AN AMOUNT EQUAL TO
SUCH TRANSFER OR TRANSFERS.
§ 5. Section 9 of part UUU of chapter 58 of the laws of 2020, amending
the state finance law relating to providing funding for the Metropolitan
Transportation Authority 2020-2024 capital program and paratransit oper-
ating expenses, is amended to read as follows:
§ 9. This act shall take effect immediately; provided that sections
five through seven of this act shall expire and be deemed repealed June
30, [2024] 2023; and provided further that such repeal shall not affect
or otherwise reduce amounts owed to the metropolitan transportation
authority paratransit assistance fund to meet the city's share of the
net paratransit operating expenses of the MTA for services provided
prior to June 30, [2024] 2023.
§ 6. This act shall take effect July 1, 2023.
PART E
Section 1. Subparagraph (B) of paragraph 2 of subsection (a) of
section 2504 of the insurance law is amended to read as follows:
(B) the city of New York, a public corporation or public authority, in
connection with the construction of electrical generating and trans-
mission facilities or construction, RECONSTRUCTION, extensions [and] OR
additions of light rail or heavy rail rapid transit [and], commuter
railroads, BUS FACILITIES, BRIDGES, TUNNELS, AND FACILITIES RELATED TO
OR ANCILLARY TO ANY OF THE FOREGOING. FOR THE PURPOSES OF THIS SECTION,
"BUS" IS DEFINED IN SECTION ONE HUNDRED FOUR OF THE VEHICLE AND TRAFFIC
LAW; "FACILITIES RELATED TO OR ANCILLARY TO" LIGHT RAIL OR HEAVY RAIL
RAPID TRANSIT, COMMUTER RAILROADS, BUS FACILITIES, BRIDGES, AND TUNNELS
SHALL MEAN ANY CAPITAL CONSTRUCTION FUNDED BY THE METROPOLITAN TRANSPOR-
TATION AUTHORITY'S CAPITAL PROGRAM, AS DEFINED BY SECTION TWELVE HUNDRED
SIXTY-NINE-B OF THE PUBLIC AUTHORITIES LAW.
§ 2. This act shall take effect immediately.
PART F
Section 1. Subdivision 5-a of section 401 of the vehicle and traffic
law is amended by adding a new paragraph d to read as follows:
D. IT SHALL BE UNLAWFUL FOR ANY PERSON TO REGISTER, REREGISTER, RENEW,
REPLACE OR TRANSFER THE REGISTRATION, CHANGE THE NAME, ADDRESS OR OTHER
INFORMATION OF THE REGISTERED OWNER, OR CHANGE THE REGISTRATION CLASSI-
S. 4008 24 A. 3008
FICATION OF ANY VEHICLE WHOSE VEHICLE IDENTIFICATION NUMBER IS ASSOCI-
ATED WITH A VEHICLE WHOSE REGISTRATION HAS BEEN SUSPENDED, OR IS SUBJECT
TO A PENDING REQUEST FROM A TOLLING AUTHORITY TO SUSPEND THE REGISTRA-
TION, UNDER PARAGRAPH D OF SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN
OF THIS CHAPTER AND 15 NYCRR 127.14. THE COMMISSIONER OR THE COMMISSION-
ER'S AGENT SHALL IMPOSE A VEHICLE IDENTIFICATION NUMBER BLOCK AND DENY
THE REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF
THE REGISTRATION FOR SUCH VEHICLE AND VEHICLE IDENTIFICATION NUMBER
UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE
COMMISSIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN
RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
TOLLING AUTHORITY. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS PARA-
GRAPH, THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY A
REGISTRATION, REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF THE
REGISTRATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS PARAGRAPH AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION,
REREGISTRATION, RENEWAL, REPLACEMENT OR TRANSFER OF REGISTRATION WILL
HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH. SUCH VEHI-
CLE IDENTIFICATION NUMBER BLOCK AND DENIAL SHALL ONLY REMAIN IN EFFECT
UNTIL THE TOLLING AUTHORITY ADVISES, IN SUCH FORM AND MANNER AS THE
COMMISSIONER SHALL PRESCRIBE, THAT NOTICES OF VIOLATION HAVE BEEN
RESPONDED TO AND ANY UNPAID TOLLS, FEES OR OTHER CHARGES ASSOCIATED WITH
THE VEHICLE AND THE VEHICLE IDENTIFICATION NUMBER HAVE BEEN PAID TO THE
TOLLING AUTHORITY.
§ 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
traffic law, as amended by chapter 451 of the laws of 2021, is amended
and a new paragraph (c) is added to read as follows:
(b) (i) Number plates shall be kept clean and in a condition so as to
be easily readable and shall not be covered by glass or any plastic
material.
(ii) Number plates shall not be knowingly covered or coated with any
artificial or synthetic material or substance that conceals or obscures
such number plates or that distorts a recorded or photographic image of
such number plates.
(iii) The view of such number plates shall not be obstructed by any
part of the vehicle or by anything carried thereon[, except for a
receiver-transmitter issued by a publicly owned tolling facility in
connection with electronic toll collection when such receiver-transmit-
ter is affixed to the exterior of a vehicle in accordance with mounting
instructions provided by the tolling facility].
(C) 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 OR REMAIN IN THE
TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED
FOUR OF THIS CHAPTER, UNDER THE JURISDICTION OF THE TOLLING AUTHORITY,
IF SUCH NUMBER PLATE IS 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-TRANSMITTER ISSUED BY A PUBLICLY
OWNED TOLLING AUTHORITY IN CONNECTION WITH ELECTRONIC TOLL COLLECTION
WHEN SUCH RECEIVER-TRANSMITTER IS AFFIXED TO THE EXTERIOR OF A VEHICLE
S. 4008 25 A. 3008
IN ACCORDANCE WITH MOUNTING INSTRUCTIONS PROVIDED BY THE TOLLING AUTHOR-
ITY. FOR PURPOSES OF THIS PARAGRAPH, "TOLLING AUTHORITY" SHALL MEAN
EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL OR A CENTRAL BUSINESS DISTRICT TOLLING PROGRAM, AS WELL AS THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A BI-STATE AGENCY CREATED BY
COMPACT SET FORTH IN CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINE-
TEEN HUNDRED TWENTY-ONE, AS AMENDED.
§ 3. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 451 of the laws of 2021, is amended to read as
follows:
8. A violation of this section shall be punishable by a fine of not
less than twenty-five nor more than two hundred dollars, except that:
(A) a violation of subparagraph (ii) or subparagraph (iii) of paragraph
(b) of subdivision one of this section shall be punishable by a fine of
not less than fifty nor more than three hundred dollars; AND (B) A
VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN FIVE
HUNDRED DOLLARS. A POLICE OFFICER AS DEFINED IN SECTION ONE HUNDRED
THIRTY-TWO OF THIS CHAPTER ACTING 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.
§ 4. 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 SHALL 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.
§ 5. 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 G
Section 1. Section 45 of chapter 929 of the laws of 1986 amending the
tax law and other laws relating to the metropolitan transportation
authority, as amended by chapter 120 of the laws of 2021, is amended to
read as follows:
§ 45. This act shall take effect immediately; except that: (a) para-
graph (d) of subdivision 3 of section 1263 of the public authorities
law, as added by section twenty-six of this act, shall be deemed to have
been in full force and effect on and after August 5, 1986; (b) sections
S. 4008 26 A. 3008
thirty-three and thirty-four of this act shall not apply to a certified
or recognized public employee organization which represents any public
employees described in subdivision 16 of section 1204 of the public
authorities law and such sections shall expire on July 1, [2023] 2025
and nothing contained within these sections shall be construed to divest
the public employment relations board or any court of competent juris-
diction of the full power or authority to enforce any order made by the
board or such court prior to the effective date of this act; (c) the
provisions of section thirty-five of this act shall expire on March 31,
1987; and (d) provided, however, the commissioner of taxation and
finance shall have the power to enforce the provisions of sections two
through nine of this act beyond December 31, 1990 to enable such commis-
sioner to collect any liabilities incurred prior to January 1, 1991.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivision 11 of section 120.05 of the penal law, as
amended by chapter 233 of the laws of 2022, is amended to read as
follows:
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner, terminal cleaner, station customer assistant, TRAFFIC CHECKER;
person whose official duties include the sale or collection of tickets,
passes, vouchers, or other revenue payment media for use on a train or
bus or the collection or handling of revenues therefrom; a person whose
official duties include the maintenance, repair, inspection, trouble-
shooting, testing or cleaning of buses, a transit signal system,
elevated or underground subway tracks, transit station structure,
including fare equipment, escalators, elevators and other equipment
necessary to passenger service, commuter rail tracks or stations, train
yard, revenue train in passenger service, or a train or bus station or
terminal; or a supervisor of such personnel, employed by any transit or
commuter rail agency, authority or company, public or private, whose
operation is authorized by New York state or any of its political subdi-
visions, a city marshal, a school crossing guard appointed pursuant to
section two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, MOTOR VEHICLE LICENSE
EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN
SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR
CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR OF
THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN
SECTION ONE HUNDRED TWENTY-FOUR-A OF THE VEHICLE AND TRAFFIC LAW, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal procedure law, sanitation enforcement agent, New York city sanita-
tion worker, public health sanitarian, New York city public health
sanitarian, registered nurse, licensed practical nurse, emergency
medical service paramedic, or emergency medical service technician, he
or she causes physical injury to such train operator, ticket inspector,
conductor, signalperson, bus operator, station agent, station cleaner,
terminal cleaner, station customer assistant, TRAFFIC CHECKER; person
whose official duties include the sale or collection of tickets, passes,
vouchers or other revenue payment media for use on a train or bus or the
collection or handling of revenues therefrom; a person whose official
duties include the maintenance, repair, inspection, troubleshooting,
testing or cleaning of buses, a transit signal system, elevated or
S. 4008 27 A. 3008
underground subway tracks, transit station structure, including fare
equipment, escalators, elevators and other equipment necessary to
passenger service, commuter rail tracks or stations, train yard, revenue
train in passenger service, or a train or bus station or terminal; or a
supervisor of such personnel, city marshal, school crossing guard
appointed pursuant to section two hundred eight-a of the general munici-
pal law, traffic enforcement officer, traffic enforcement agent, MOTOR
VEHICLE LICENSE EXAMINER, MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER
AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
LAW, MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED TWEN-
TY-FOUR OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS
DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR-A OF THE VEHICLE AND TRAFFIC
LAW, prosecutor as defined in subdivision thirty-one of section 1.20 of
the criminal procedure law, registered nurse, licensed practical nurse,
public health sanitarian, New York city public health sanitarian, sani-
tation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician,
while such employee is performing an assigned duty on, or directly
related to, the operation of a train or bus, cleaning of a train or bus
station or terminal, assisting customers, CHECKING TRAFFIC, the sale or
collection of tickets, passes, vouchers, or other revenue media for use
on a train or bus, or maintenance or cleaning of a train, a bus, or bus
station or terminal, signal system, elevated or underground subway
tracks, transit station structure, including fare equipment, escalators,
elevators and other equipment necessary to passenger service, commuter
rail tracks or stations, train yard or revenue train in passenger
service, or such city marshal, school crossing guard, traffic enforce-
ment officer, traffic enforcement agent, MOTOR VEHICLE LICENSE EXAMINER,
MOTOR VEHICLE REPRESENTATIVE, HIGHWAY WORKER AS DEFINED IN SECTION ONE
HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR CARRIER INVES-
TIGATOR AS DEFINED IN SECTION ONE HUNDRED TWENTY-FOUR OF THE VEHICLE AND
TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AS DEFINED IN SECTION ONE HUNDRED
TWENTY-FOUR-A OF THE VEHICLE AND TRAFFIC LAW, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
registered nurse, licensed practical nurse, public health sanitarian,
New York city public health sanitarian, sanitation enforcement agent,
New York city sanitation worker, emergency medical service paramedic, or
emergency medical service technician is performing an assigned duty; or
§ 2. The vehicle and traffic law is amended by adding three new
sections 118-a, 124 and 124-a to read as follows:
§ 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON BEHALF OF THE
STATE, A COUNTY, CITY, TOWN, VILLAGE, A PUBLIC AUTHORITY, LOCAL AUTHORI-
TY, PUBLIC UTILITY COMPANY, OR AN AGENT OR CONTRACTOR OF ANY SUCH ENTI-
TY, OR A FLAGPERSON AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF THIS
ARTICLE, WHO HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY, PUBLIC
HIGHWAY, ROADWAY, ACCESS HIGHWAY, OR QUALIFYING HIGHWAY, OR WITHIN THE
STATE HIGHWAY RIGHT OF WAY, AS DEFINED IN SECTION FIFTY-TWO OF THE HIGH-
WAY LAW. SUCH WORK MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, IMPROVEMENT, FLAGGING, UTILI-
TY INSTALLATION, OR THE OPERATION OF EQUIPMENT.
§ 124. MOTOR CARRIER INVESTIGATOR. ANY PERSON EMPLOYED BY THE DEPART-
MENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INVESTIGATIONS
OF ANY MOTOR CARRIERS REGULATED BY THE COMMISSIONER OF TRANSPORTATION.
§ 124-A. MOTOR VEHICLE INSPECTOR. ANY PERSON EMPLOYED BY THE DEPART-
MENT OF TRANSPORTATION WHO HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF
ANY MOTOR VEHICLES REGULATED BY THE COMMISSIONER OF TRANSPORTATION.
S. 4008 28 A. 3008
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
PART I
Section 1. Paragraph (k-2) of subdivision 2 of section 65.10 of the
penal law, as added by section 1 of part VV of chapter 56 of the laws of
2020, is amended to read as follows:
(k-2) (i) Refrain, upon sentencing for a crime involving unlawful
sexual conduct OR ASSAULT committed against EITHER a metropolitan trans-
portation authority SYSTEM passenger[,] OR customer, or AN employee [or
a crime involving assault against a metropolitan transportation authori-
ty employee,] OF THE METROPOLITAN TRANSPORTATION AUTHORITY SYSTEM OR ANY
CONTRACTOR THEN PERFORMING WORK FOR ANY ENTITY OF THE SYSTEM, IF THE
OFFENSE WAS committed in or [on] ADJACENT TO any facility or conveyance
of the [metropolitan transportation authority or a subsidiary thereof or
the New York city transit authority or a subsidiary thereof] AUTHORITY'S
TRANSPORTATION SYSTEM, from using or entering any of [such] THE authori-
ty's subways, trains, buses, or other conveyances or facilities AS spec-
ified by the court for a period of up to three years, or a specified
period of such probation or conditional discharge, whichever is less.
For purposes of this section, a crime involving assault shall mean an
offense described in article one hundred twenty of this chapter which
has as an element the causing of physical injury or serious physical
injury to another as well as the attempt thereof. IF THE SENTENCE
IMPOSED BY THE COURT INCLUDES A PERIOD OF INCARCERATION FOLLOWED BY A
PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THEN THE COURT MAY IMPOSE
CONDITIONS UNDER THIS PARAGRAPH TO BE OPERATIVE ONLY DURING THE PERIOD
OF PROBATION OR CONDITIONAL DISCHARGE. ORDERS UNDER THIS PARAGRAPH MAY
EXTEND TO ANY PART OF THE METROPOLITAN TRANSPORTATION AUTHORITY SYSTEM
IN THE COURT'S DISCRETION, INCLUDING PARTS OF THE SYSTEM OUTSIDE THE
COUNTY WHERE THE SENTENCING JUDGE SITS.
(ii) The court may, in its discretion, suspend, modify or cancel a
condition imposed under this paragraph in the interest of justice at any
time. If the person depends on the authority's subways, trains, buses,
or other conveyances or facilities for trips of necessity, including,
but not limited to, travel to or from medical or legal appointments,
school or training classes or places of employment, obtaining food,
clothing or necessary household items, or rendering care to family
members, the court may modify such condition to allow for a trip or
trips as in its discretion are necessary.
(iii) A person at liberty and subject to a condition under this para-
graph who applies, within thirty days after the date such condition
becomes effective, for a refund of any prepaid fare amounts rendered
unusable in whole or in part by such condition including, but not limit-
ed to, a monthly pass, shall be issued a refund of the amounts so
prepaid.
(IV) ANY ORDER ISSUED PURSUANT TO THIS SECTION, WHETHER IMPOSING A BAN
OR MODIFYING ONE, SHALL BE SERVED ON THE METROPOLITAN TRANSPORTATION
AUTHORITY AS DIRECTED BY THE COURT.
§ 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,
S. 4008 29 A. 3008
as amended by section 1 of part GG of chapter 58 of the laws of 2021, 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,
[2023] 2024.
§ 2. This act shall take effect immediately.
PART K
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
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
S. 4008 30 A. 3008
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 L
Section 1. Subparagraph 3 of paragraph (c) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, is amended to read as follows:
(3) In no event shall a new license be issued where a person has been
twice convicted of a violation of [subdivision] ANY COMBINATION OF,
SUBDIVISION TWO, TWO-A, three, four or four-a of section eleven hundred
ninety-two of this article [or of driving while intoxicated or of driv-
ing while ability is impaired by the use of a drug or of driving while
ability is impaired by the combined influence of drugs or of alcohol and
any drug or drugs], OR OF SECTIONS 120.03, 120.04, 120.04-A, 125.12,
125.13, OR 125.14 OF THE PENAL LAW, where physical injury, as defined in
section 10.00 of the penal law, has resulted from such offense in each
instance.
§ 2. This act shall take effect immediately.
PART M
Section 1. Subdivisions 3 and 3-a of section 205 of the vehicle and
traffic law, subdivision 3 as amended by section 3 of part G of chapter
59 of the laws of 2008, and subdivision 3-a as added by section 1 of
part F of chapter 58 of the laws of 2012, are amended to read as
follows:
3. Each such county clerk shall retain from fees collected for any
motor vehicle related service described in subdivision one of this
section processed by such county clerk an amount based on a percentage
of gross receipts collected. For purposes of this section, the term
"gross receipts" shall include all fines, fees and penalties collected
pursuant to this chapter by a county clerk acting as agent of the
commissioner, but shall not include any state or local sales or compen-
sating use taxes imposed under or pursuant to the authority of articles
twenty-eight and twenty-nine of the tax law and collected by such clerk
S. 4008 31 A. 3008
on behalf of the commissioner of taxation and finance. The retention
percentage shall be [12.7] 10.75 percent [and shall take effect April
first, nineteen hundred ninety-nine; provided, however, the retention
percentage shall be thirty percent of the thirty dollar fee established
in paragraph (e) of subdivision two of section four hundred ninety-one
and paragraph f-one of subdivision two of section five hundred three of
this chapter].
3-a. In addition to the fees retained pursuant to subdivision three of
this section, each county clerk acting as the agent of the commissioner
pursuant to subdivision one of this section shall retain [four percent]
A PERCENTAGE of "enhanced internet and electronic partner revenue"
collected by the commissioner. For the purposes of this subdivision,
"enhanced internet and electronic partner revenue" shall mean the amount
of gross receipts attributable to all transactions conducted on the
internet by residents of such county and by designated partners of the
department on behalf of such residents for the current calendar year
[that exceeds the amount of such revenue collected by the commissioner
during calendar year two thousand eleven]. The commissioner shall certi-
fy the amounts to be retained by each county clerk pursuant to this
subdivision. [Provided, however, that if the aggregate amount of fees
retained by county clerks pursuant to this subdivision in calendar years
two thousand twelve and two thousand thirteen combined exceeds eighty-
eight million five hundred thousand dollars, then the percentage of fees
to be retained thereafter shall be reduced to a percentage that, if
applied to the fees collected during calendar years two thousand twelve
and two thousand thirteen combined, would have resulted in an aggregate
retention of eighty-eight million five hundred thousand dollars or 2.5
percent of enhanced internet and electronic partner revenue, whichever
is higher. If the aggregate amount of fees retained by county clerks
pursuant to this subdivision in calendar years two thousand twelve and
two thousand thirteen combined is less than eighty-eight million five
hundred thousand dollars, then the percentage of fees to be retained
thereafter shall be increased to a percentage that, if applied to the
fees collected during calendar years two thousand twelve and two thou-
sand thirteen combined, would have resulted in an aggregate retention of
eighty-eight million five hundred thousand dollars, or six percent of
enhanced internet and electronic partner revenue, whichever is less. On
and after April first, two thousand sixteen, the percent of enhanced
internet and electronic partner revenue to be retained by county clerks
shall be the average of the annual percentages that were in effect
between April first, two thousand twelve and March thirty-first, two
thousand sixteen.] THE RETENTION PERCENTAGE SHALL BE 10.75 PERCENT.
§ 2. This act shall take effect January 1, 2024.
PART N
Section 1. Subdivision 2 of section 237 of the vehicle and traffic
law, as amended by chapter 458 of the laws of 2010, is amended to read
as follows:
2. To provide for penalties other than imprisonment for (a) parking
violations in accordance with a schedule of monetary fines and penal-
ties, provided however, that monetary penalties shall not exceed fifty
dollars for each parking violation other than (i) in a city with a popu-
lation of one million or more, violations committed in spaces where
stopping or standing is prohibited for which monetary penalties shall
not exceed one hundred dollars and, (ii) handicapped parking violations
S. 4008 32 A. 3008
for which monetary penalties shall not exceed one hundred fifty dollars;
and (b) abandoned vehicle violations, except in a city with a population
of one million or more, provided however, that monetary penalties shall
not be less than two hundred fifty dollars nor more than one thousand
dollars for each abandoned vehicle violation; and (c) a city with a
population of one million or more may impose a monetary penalty of up to
[two] FOUR hundred [fifty] dollars for a first offense and up to five
hundred TWENTY-FIVE dollars for subsequent offenses within a six month
period for tractor-trailer combinations, tractors, truck trailers and
semi-trailers parked overnight on streets in residential neighborhoods;
§ 2. Subdivision 2 of section 238 of the vehicle and traffic law, as
amended by chapter 224 of the laws of 1995, is amended to read as
follows:
2. A notice of violation shall be served personally upon the operator
of a motor vehicle who is present at the time of service, and his name,
together with the plate designation and the plate type as shown by the
registration plates of said vehicle and the expiration date, PROVIDED
THAT THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN SUCH NOTICE IN
PLACE OF OR IN ADDITION TO THE PLATE DESIGNATION AND PLATE TYPE; the
make or model, and, PROVIDED THAT A BODY TYPE IS INDICATED ON THE REGIS-
TRATION STICKER OF SAID VEHICLE, THE body type of said vehicle; a
description of the charged violation, including but not limited to a
reference to the applicable traffic rule or provision of this chapter;
information as to the days and hours the applicable rule or provision of
this chapter is in effect, unless always in effect pursuant to rule or
this chapter and where appropriate the word ALL when the days and/or
hours in effect are everyday and/or twenty-four hours a day; the meter
number for a meter violation, where appropriate; and the date, time and
particular place of occurrence of the charged violation, shall be
inserted therein. A mere listing of a meter number in cases of charged
meter violations shall not be deemed to constitute a sufficient
description of a particular place of occurrence for purposes of this
subdivision. The notice of violation shall be served upon the owner of
the motor vehicle if the operator is not present, by affixing such
notice to said vehicle in a conspicuous place. Whenever such notice is
so affixed, in lieu of inserting the name of the person charged with the
violation in the space provided for the identification of said person,
the words "owner of the vehicle bearing license" may be inserted to be
followed by the plate designation and plate type as shown by the regis-
tration plates of said vehicle together with the expiration date,
PROVIDED THAT THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN SUCH
NOTICE IN PLACE OF OR IN ADDITION TO THE PLATE DESIGNATION AND PLATE
TYPE; the make or model, and, PROVIDED THAT A BODY TYPE IS INDICATED ON
THE REGISTRATION STICKER OF SAID VEHICLE, THE body type of said vehicle;
a description of the charged violation, including but not limited to a
reference to the applicable traffic rule or provision of this chapter;
information as to the days and hours the applicable rule or provision of
this chapter is in effect unless always in effect pursuant to rule or
this chapter and where appropriate the word ALL when the days and/or
hours in effect are every day and/or twenty-four hours a day; the meter
number for a meter violation where appropriate; and the date, time and
particular place of occurrence of the charged violation. Service of the
notice of violation, or a duplicate thereof by affixation as herein
provided shall have the same force and effect and shall be subject to
the same penalties for disregard thereof as though the same was
S. 4008 33 A. 3008
personally served with the name of the person charged with the violation
inserted therein.
§ 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle
and traffic law, as added by chapter 224 of the laws of 1995, is amended
to read as follows:
(a) Notwithstanding any inconsistent provision of subdivision two of
this section, where the plate type or the expiration date are not shown
on either the registration plates or sticker of a vehicle or where the
registration sticker is covered, faded, defaced or mutilated so that it
is unreadable, OR CANNOT BE LOCATED ON SUCH VEHICLE, the plate type or
the expiration date may be omitted from the notice of violation;
provided, however, [such] THAT THE condition OF SUCH PLATES OR STICKER
must be so described and inserted on the notice of violation.
§ 4. Subparagraph (ii) of paragraph (c) of subdivision 2-a of section
238 of the vehicle and traffic law, as added by chapter 409 of the laws
of 2001, is amended to read as follows:
(ii) Notice shall be served on the owner by mail to the last known
registered address WITHIN SIX YEARS OF THE DISMISSAL OR within two years
of the time that the enforcing authority discovers, or could with
reasonable diligence have discovered, that the dismissal was procured
due to the knowing fraud, false testimony, misrepresentation, or other
misconduct, or the knowing alteration of a notice of parking violation,
by the person so charged or his or her agent, employee, or represen-
tative. Such notice shall fix a time when and place where a hearing
shall be held before a hearing examiner to determine whether or not
dismissal of a charged parking violation shall be set aside. Such notice
shall set forth the basis for setting aside the dismissal and advise the
owner that failure to appear at the date and time indicated in such
notice shall be deemed an admission of liability and shall result in the
setting aside of the dismissal and entry of a determination on the
charged parking violation. Such notice shall also contain a warning
that civil penalties may be imposed for the violation pursuant to this
paragraph and that a default judgment may be entered thereon.
§ 5. Section 242 of the vehicle and traffic law is amended by adding a
new subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, AN
APPEAL SHALL BE CONDUCTED ONLY WHEN AN APPELLANT HAS EITHER:
(A) POSTED A BOND IN THE AMOUNT OF THE DETERMINATION APPEALED FROM; OR
(B) PAID TO THE PARKING VIOLATIONS BUREAU THE FOLLOWING PENALTIES AND
SURCHARGES, AS APPLICABLE:
(I) ANY PENALTY IMPOSED PURSUANT TO A NOTICE OF LIABILITY ISSUED
PURSUANT TO A PROGRAM AUTHORIZED BY SECTION THREE HUNDRED EIGHTY-FIVE-A,
ELEVEN HUNDRED ELEVEN-A, ELEVEN HUNDRED ELEVEN-C, OR ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, OTHER THAN ANY ADDITIONAL PENALTY IMPOSED FOR
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD; AND
(II) ANY SURCHARGE LEVIED PURSUANT TO A NOTICE OF VIOLATION ISSUED IN
ACCORDANCE WITH SECTIONS EIGHTEEN HUNDRED NINE-A AND EIGHTEEN HUNDRED
NINE-B OF THIS CHAPTER.
§ 6. Subdivision 6 of section 242 of the vehicle and traffic law, as
added by chapter 515 of the laws of 2004, is amended to read as follows:
6. When charges have been overturned by [a court or] any [other]
administrative body or officer, the party in whose favor the appeal is
decided shall be entitled to have returned an amount equal to any fine
or penalty imposed and collected from the parking violations bureau
within thirty days of the entry of the judgement; provided, however,
S. 4008 34 A. 3008
that such [court,] administrative body or officer shall have the author-
ity to lessen from such amount any debt owed by such party and shall
apply this amount to any outstanding fines and penalties owed by the
same individual. If payment is not made within thirty days, a penalty
shall accrue at the same rate as that imposed for failure to make timely
payment of a fine and shall be paid by the parking violations bureau.
§ 7. This act shall take effect immediately, provided that section
four of this act shall apply with respect to any determination made on
or after the first day of the first month succeeding the sixtieth day
after this act shall have become a law.
PART O
Section 1. Paragraph b of subdivision 9 of section 140 of the trans-
portation 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"] A PASSENGER CARRYING MOTOR VEHICLE SUBJECT TO THE
JURISDICTION OF THE COMMISSIONER IN ACCORDANCE WITH THIS SECTION AND
SECTION EIGHTY OF THIS CHAPTER 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 vehicles. 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 commissioner
gives notice that the out-of-service defect has been satisfactorily
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 commis-
sioner 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 proce-
dure 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.
(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
S. 4008 35 A. 3008
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[;].
§ 2. This act shall take effect immediately.
PART P
Section 1. Section 600 of the vehicle and traffic law is amended by
adding a new subdivision 4 to read as follows:
4. REMOVAL OF A VEHICLE. OPERATION OF A MOTOR VEHICLE IN A MANNER
CONSISTENT WITH SUBDIVISION (E) OF SECTION TWELVE HUNDRED OF THIS CHAP-
TER SHALL NOT BE DEEMED A VIOLATION OF THIS SECTION.
§ 2. Section 1200 of the vehicle and traffic law is amended by adding
a new subdivision (e) to read as follows:
(E) WHEN A VEHICLE IS INVOLVED IN AN INCIDENT INVOLVING NO PERSONAL
INJURY OR DEATH, AND THE OPERATOR OF SUCH VEHICLE KNOWS OR HAS CAUSE TO
KNOW THAT SUCH INCIDENT RESULTED IN DAMAGE TO THE REAL OR PERSONAL PROP-
ERTY OF ANOTHER, THE OPERATOR OF SUCH VEHICLE, AND THE OPERATOR OF ANY
OTHER VEHICLE INVOLVED, SHALL IMMEDIATELY MOVE OR CAUSE TO BE REMOVED
SUCH VEHICLE OR VEHICLES FROM THE TRAVEL LANE TO A LOCATION OFF THE
HIGHWAY THAT REMAINS IN THE IMMEDIATE VICINITY OF THE INCIDENT, PROVIDED
THAT THE VEHICLE IS OPERABLE, THAT THE OPERATOR MAY LAWFULLY MOVE THE
VEHICLE IN ACCORDANCE WITH ALL LAWS INCLUDING THOSE PROHIBITING IMPAIRED
DRIVING, AND THAT THE MOVEMENT OF SUCH VEHICLE CAN BE DONE SAFELY. VEHI-
CLE OPERATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT BE CONSTRUED TO IMPLY THAT NO INJURY HAS OCCURRED, NOR SHALL
THE DRIVER BE CONSIDERED LIABLE OR AT FAULT REGARDING THE CAUSE OF THE
INCIDENT SOLELY BY MOVING OR CAUSING THE REMOVAL OF THE VEHICLE. MOVING
A VEHICLE CONSISTENT WITH THIS SUBDIVISION SHALL NOT RELIEVE AN INVESTI-
GATING POLICE OFFICER FROM THE OBLIGATION TO FILE A REPORT THAT IS
OTHERWISE REQUIRED. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
AUTHORIZE OTHERWISE UNQUALIFIED PERSONS TO CLEAR OR REMOVE HAZARDOUS
MATERIALS FROM THE HIGHWAY OR TO MOVE VEHICLES WHICH ARE TRANSPORTING
HAZARDOUS MATERIALS IN A MANNER INCONSISTENT WITH APPLICABLE LAW.
§ 3. This act shall take effect immediately.
PART Q
Section 1. Paragraph 1 of subsection (a) of section 801 of the tax
law, as amended by section 1 of part N of chapter 59 of the laws of
2012, is amended to read as follows:
S. 4008 36 A. 3008
(1) For employers who engage in business within the MCTD, the tax is
imposed at a rate of (A) eleven hundredths (.11) percent of the payroll
expense for employers with payroll expense no greater than three hundred
seventy-five thousand dollars in any calendar quarter, (B) twenty-three
hundredths (.23) percent of the payroll expense for employers with
payroll expense greater than three hundred seventy-five thousand dollars
and no greater than four hundred thirty-seven thousand five hundred
dollars in any calendar quarter, and (C) [thirty-four] FIFTY hundredths
[(.34)] (.50) percent of the payroll expense for employers with payroll
expense in excess of four hundred thirty-seven thousand five hundred
dollars in any calendar quarter. If the employer is a professional
employer organization, as defined in section nine hundred sixteen of the
labor law, the employer's tax shall be calculated by determining the
payroll expense attributable to each client who has entered into a
professional employer agreement with such organization and the payroll
expense attributable to such organization itself, multiplying each of
those payroll expense amounts by the applicable rate set forth in this
paragraph and adding those products together.
§ 2. Paragraph 2 of subsection (a) of section 801 of the tax law, as
amended by section 1 of part N of chapter 59 of the laws of 2012, is
amended to read as follows:
(2) For individuals, the tax is imposed at a rate of [thirty-four]
FORTY-TWO hundredths [(.34)] (.42) percent of the net earnings from
self-employment of individuals that are attributable to the MCTD if such
earnings attributable to the MCTD exceed fifty thousand dollars for the
tax year.
§ 3. Paragraph 2 of subsection (a) of section 801 of the tax law, as
amended by section two of this act, is amended to read as follows:
(2) For individuals, the tax is imposed at a rate of [forty-two] FIFTY
hundredths [(.42)] (.50) percent of the net earnings from self-employ-
ment of individuals that are attributable to the MCTD if such earnings
attributable to the MCTD exceed fifty thousand dollars for the tax year.
§ 4. This act shall take effect immediately; provided, however, that:
(a) (i) section one of this act shall apply to tax quarters beginning
on or after July 1, 2023;
(ii) section two of this act shall apply to taxable years beginning on
or after January 1, 2023 and before January 1, 2024; and
(iii) section three of this act shall apply to taxable years beginning
on or after January 1, 2024; and
(b) section two of this act shall expire and be deemed repealed Janu-
ary 1, 2024, when upon such date the provisions of section three shall
take effect.
PART R
Section 1. Subdivision 1 of section 1352 of the racing, pari-mutuel
wagering and breeding law, as added by chapter 174 of the laws of 2013,
is amended to read as follows:
1. (A) The commission shall pay into an account, to be known as the
commercial gaming revenue fund as established pursuant to section nine-
ty-seven-nnnn of the state finance law, under the joint custody of the
comptroller and the commissioner of taxation and finance, all taxes and
fees imposed by this article PAID BY A GAMING FACILITY LICENSED UNDER
TITLE TWO OF THIS ARTICLE; any interest and penalties imposed by the
commission relating to those taxes; the appropriate percentage of the
value of expired gaming related obligations; all penalties levied and
S. 4008 37 A. 3008
collected by the commission; and the appropriate funds, cash or prizes
forfeited from gambling activity.
(B) FOR ANY GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTI-
CLE, THE COMMISSION SHALL PAY, WITHOUT APPROPRIATION, INTO THE METROPOL-
ITAN TRANSPORTATION AUTHORITY FINANCE FUND ESTABLISHED UNDER SECTION ONE
THOUSAND TWO HUNDRED SEVENTY-H OF THE PUBLIC AUTHORITIES LAW THE FOLLOW-
ING:
(I) FOR ANY GAMING FACILITY NOT LOCATED WITHIN THE CITY OF NEW YORK,
EIGHTY PERCENT OF THE TAXES AND LICENSING FEES IMPOSED BY THIS ARTICLE,
AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO
THOSE TAXES.
(II) FOR ANY GAMING FACILITY LOCATED WITHIN THE CITY OF NEW YORK, ONE
HUNDRED PERCENT OF THE TAXES AND LICENSING FEES IMPOSED BY THIS ARTICLE,
AND ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO
THOSE TAXES.
(III) (1) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, IF A
GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTICLE WAS PREVIOUS-
LY AUTHORIZED TO OPERATE VIDEO LOTTERY GAMING PURSUANT TO SECTION ONE
THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW, AN AMOUNT EQUAL TO THE
AMOUNT DETERMINED IN CLAUSE TWO OF THIS SUBPARAGRAPH SHALL BE DEPOSITED
INTO THE STATE LOTTERY FUND. ANY REMAINING FUNDS SHALL BE TRANSFERRED IN
ACCORDANCE WITH THIS SUBDIVISION.
(2) THE AMOUNT TO BE DEDUCTED SHALL BE EQUAL TO THE GREATER OF (A) THE
REVENUE RECEIVED FROM THE FACILITY FOR EDUCATION AID DEPOSITS INTO THE
STATE LOTTERY FUND FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE
ON WHICH SUCH FACILITY BEGAN OPERATIONS AS A COMMERCIAL CASINO PURSUANT
TO TITLE TWO-A OF THIS ARTICLE, OR (B) THE REVENUE RECEIVED FROM THE
FACILITY FOR EDUCATION AID DEPOSITS INTO THE STATE LOTTERY FUND FOR
STATE FISCAL YEAR TWO THOUSAND TWENTY-TWO.
(C) FOR ANY GAMING FACILITY LICENSED UNDER TITLE TWO-A OF THIS ARTI-
CLE, THE COMMISSION SHALL PAY INTO THE COMMERCIAL GAMING REVENUE FUND
ESTABLISHED UNDER SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW THE
FOLLOWING:
(I) FOR ANY GAMING FACILITY NOT LOCATED WITHIN THE CITY OF NEW YORK,
TEN PERCENT OF THE TAXES AND LICENSING FEES IMPOSED BY THIS ARTICLE, AND
ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE
TAXES. SUCH FUNDS SHALL BE ALLOCATED IN ACCORDANCE WITH THE PROVISIONS
OF PARAGRAPH B OF SUBDIVISION THREE OF SECTION NINETY-SEVEN-NNNN OF THE
STATE FINANCE LAW.
(II) FOR ANY GAMING FACILITY NOT LOCATED WITHIN THE CITY OF NEW YORK,
TEN PERCENT OF THE TAXES AND LICENSING FEES IMPOSED BY THIS ARTICLE, AND
ANY INTEREST AND PENALTIES IMPOSED BY THE COMMISSION RELATING TO THOSE
TAXES AMONG COUNTIES WITHIN THE REGION, AS DEFINED BY SECTION ONE THOU-
SAND THREE HUNDRED TEN OF THIS ARTICLE, HOSTING SAID FACILITY FOR THE
PURPOSE OF REAL PROPERTY TAX RELIEF AND FOR EDUCATION ASSISTANCE. SUCH
DISTRIBUTION SHALL BE MADE AMONG THE COUNTIES ON A PER CAPITA BASIS,
SUBTRACTING THE POPULATION OF HOST MUNICIPALITY AND COUNTY. SUCH FUNDS
SHALL BE ALLOCATED IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH C OF
SUBDIVISION THREE OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW.
§ 2. Subdivision 2 of section 97-nnnn of the state finance law, as
added by chapter 174 of the laws of 2013, is amended to read as follows:
2. Such account shall consist of all revenues [from all taxes and fees
imposed by article thirteen of the racing, pari-mutuel wagering and
breeding law; any interest and penalties imposed by the New York state]
RECEIVED FROM THE gaming commission [relating to those taxes; the
percentage of the value of expired gaming related obligations; and all
S. 4008 38 A. 3008
penalties levied and collected by the commission. Additionally, the
state gaming commission shall pay into the account any appropriate
funds, cash or prizes forfeited from gambling activity] PURSUANT TO
PARAGRAPHS (A) AND (C) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED
FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
§ 3. Subdivision 2 of section 1270-h of the public authorities law, as
amended by section 13 of part UU of chapter 59 of the laws of 2018, is
amended to read as follows:
2. The comptroller shall deposit into the metropolitan transportation
authority finance fund (a) monthly, pursuant to appropriation, the
moneys deposited in the mobility tax trust account of the metropolitan
transportation authority financial assistance fund pursuant to any
provision of law directing or permitting the deposit of moneys in such
fund, [and] (b) without appropriation, the revenue including taxes,
interest and penalties collected in accordance with article twenty-three
of the tax law, AND (C) WITHOUT APPROPRIATION, THE REVENUE INCLUDING
TAXES AND LICENSING FEES COLLECTED IN ACCORDANCE WITH THE RELEVANT
PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THIRTEEN
HUNDRED FIFTY-TWO OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW.
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed 10 years after such date.
PART S
Section 1. Section 9-y of the banking law, as added by chapter 398 of
the laws of 2021, is amended to read as follows:
§ 9-y. [Banking institutions to pay checks drawn therein in order of
presentation] ORDER OF PAYMENT OF CHECKS AND OTHER DEBITS, INSUFFICIENT
FUNDS CHARGES AND RETURN DEPOSIT ITEM CHARGES. 1. ORDER OF PAYING
CHECKS. (A) Notwithstanding any law, rule or regulation to the contrary,
every banking [institution] ORGANIZATION that provides CHECKING SERVICES
TO consumer [checking] accounts shall either pay checks in the order
wherein they are received or pay checks from smallest to largest dollar
amount for each business day's transactions.
[2.] (B) If a check is dishonored for insufficient funds and thereaft-
er smaller checks which could be paid are received, the smaller checks
shall be honored within amounts on deposit in the subject account.
[3.] (C) The banking [institution] ORGANIZATION shall disclose to
consumers in writing the order in which checks are drawn. The written
disclosure shall be provided to the consumer at the time the account is
opened and prior to any change in such policy.
(D) The superintendent shall promulgate rules and regulations neces-
sary for the implementation of this section.
[4.] 2. REGULATION OF OTHER CONSUMER ACCOUNT TRANSACTIONS AND ASSOCI-
ATED FEES. (A) THE SUPERINTENDENT SHALL HAVE THE POWER TO PRESCRIBE BY
REGULATION:
I. THE MANNER IN WHICH BANKING ORGANIZATIONS PROCESS DEBIT AND CREDIT
TRANSACTIONS, OTHER THAN THOSE SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION, FOR CONSUMER ACCOUNTS MAINTAINED AT SUCH ORGANIZATION;
II. THE CHARGES THAT MAY BE IMPOSED IN CONNECTION WITH A CHECK DRAWN
OR OTHER WRITTEN ORDER UPON, OR ELECTRONIC TRANSFER SOUGHT TO BE EFFEC-
TUATED AGAINST, INSUFFICIENT FUNDS OR UNCOLLECTED BALANCES IN A CONSUMER
ACCOUNT, WHETHER OR NOT THE BANKING ORGANIZATION PAYS SUCH CHECK, WRIT-
TEN ORDER, OR ELECTRONIC TRANSFER;
III. THE CHARGES THAT MAY BE IMPOSED IN CONNECTION WITH A CHECK OR
OTHER WRITTEN ORDER RECEIVED BY A BANKING ORGANIZATION FOR DEPOSIT OR
S. 4008 39 A. 3008
COLLECTION DRAWN AGAINST A CONSUMER ACCOUNT AND SUBSEQUENTLY DISHONORED
AND RETURNED FOR ANY REASON BY THE DRAWEE;
IV. DISCLOSURES PROVIDED TO CONSUMERS REGARDING THE PROCESSING OF
TRANSACTIONS IN A CONSUMER ACCOUNT AND THE ASSOCIATED FEES; AND
V. ALERTS, NOTICES, AND OTHER DISCLOSURES RELATING TO THE IMPOSITION
OR POSSIBLE IMPOSITION OF A CHARGE AS PROVIDED IN SUBPARAGRAPHS II AND
III OF THIS PARAGRAPH.
(B) IN PRESCRIBING REGULATIONS REGARDING THE MANNER IN WHICH BANKING
ORGANIZATIONS PROCESS DEBIT OR CREDIT TRANSACTIONS, OR THE CHARGES THAT
MAY BE IMPOSED PURSUANT TO SUBPARAGRAPHS II OR III OF PARAGRAPH (A) OF
THIS SUBDIVISION, THE SUPERINTENDENT SHALL CONSIDER, AT A MINIMUM, THE
FOLLOWING FACTORS:
I. THE COST INCURRED BY THE BANKING ORGANIZATION, IN PROVIDING ANY
SERVICES ASSOCIATED WITH SUCH CHARGES;
II. THE COMPETITIVE POSITION OF THE BANKING ORGANIZATION; AND
III. THE MAINTENANCE OF A SAFE AND SOUND BANKING ORGANIZATION THAT
PROTECTS THE PUBLIC INTEREST.
3. DEFINITION. As used in this section, "consumer [checking] accounts"
means accounts AT BANKING ORGANIZATIONS established by natural persons
primarily for personal, family or household purposes.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subdivision 7 of section 339-n of the real property law is
REPEALED.
§ 2. Subdivisions 8 and 9 of section 339-n of the real property law
are renumbered subdivisions 7 and 8.
§ 3. Subdivision 2 of section 339-s of the real property law, as added
by chapter 346 of the laws of 1997, is amended to read as follows:
2. [Each such declaration, and any amendment or amendments thereof
shall be filed with the department of state] (A) THE BOARD OF MANAGERS
FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE, SHALL FILE WITH THE SECRE-
TARY OF STATE A CERTIFICATE OF DESIGNATION, IN WRITING, SIGNED, DESIG-
NATING THE SECRETARY OF STATE AS AGENT OF THE BOARD OF MANAGERS UPON
WHOM PROCESS AGAINST IT MAY BE SERVED, PROVIDING THE POST OFFICE ADDRESS
WITHIN OR WITHOUT THIS STATE TO WHICH THE SECRETARY OF STATE SHALL MAIL
A COPY OF PROCESS AGAINST IT SERVED UPON THE SECRETARY OF STATE BY
PERSONAL DELIVERY, AND MAY INCLUDE AN EMAIL ADDRESS TO WHICH THE SECRE-
TARY OF STATE SHALL EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE
BOARD OF MANAGERS HAS BEEN SERVED ELECTRONICALLY UPON THE SECRETARY OF
STATE; PROVIDED, HOWEVER, THAT A DESIGNATION FILED WITH THE SECRETARY OF
STATE PURSUANT TO SECTION FOUR HUNDRED TWO OF THE BUSINESS CORPORATION
LAW OR SECTION FOUR HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW
SHALL ALSO SERVE AS SUCH DESIGNATION. A CERTIFICATE OF DESIGNATION SHALL
BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS.
(B) ANY BOARD OF MANAGERS MAY, FROM TIME TO TIME, CHANGE THE POST
OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE IS DIRECTED TO MAIL
COPIES OF PROCESS AGAINST THE BOARD OF MANAGERS SERVED ON THE SECRETARY
OF STATE BY PERSONAL DELIVERY, AND/OR SPECIFY, CHANGE OR DELETE THE
EMAIL ADDRESS TO WHICH THE SECRETARY OF STATE SHALL EMAIL A NOTICE OF
THE FACT THAT PROCESS AGAINST THE BOARD OF MANAGERS HAS BEEN SERVED
ELECTRONICALLY UPON THE SECRETARY OF STATE, BY FILING A SIGNED CERTIF-
ICATE OF AMENDMENT OF THE CERTIFICATE OF DESIGNATION WITH THE DEPARTMENT
OF STATE. SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY
DOLLARS.
S. 4008 40 A. 3008
(C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD
OF MANAGERS SHALL BE MADE IN THE MANNER PROVIDED BY SUBPARAGRAPH (I) OR
(II) OF THIS PARAGRAPH:
(I) PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE
BY PERSONALLY DELIVERING TO AND LEAVING WITH THE SECRETARY OF STATE OR
HIS OR HER DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE SECRETARY OF
STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPARTMENT OF STATE
IN THE CITY OF ALBANY, DUPLICATE COPIES OF SUCH PROCESS TOGETHER WITH
THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF
PROCESS ON SUCH BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY
OF STATE IS SO SERVED. THE SECRETARY OF STATE SHALL PROMPTLY SEND ONE OF
SUCH COPIES BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH BOARD
OF MANAGERS, AT THE POST OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF
STATE SPECIFIED FOR SUCH PURPOSE.
(II) ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT
OF STATE TOGETHER WITH THE STATUTORY FEE, WHICH FEE SHALL BE A TAXABLE
DISBURSEMENT, THROUGH AN ELECTRONIC SYSTEM OPERATED BY THE DEPARTMENT OF
STATE, PROVIDED THE BOARD OF MANAGERS HAS AN EMAIL ADDRESS ON FILE IN
THE DEPARTMENT OF STATE TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
NOTICE OF THE FACT THAT PROCESS AGAINST THE BOARD OF MANAGERS HAS BEEN
SERVED ELECTRONICALLY UPON THE SECRETARY OF STATE. SERVICE OF PROCESS ON
SUCH BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS
REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE
SHALL PROMPTLY SEND NOTICE OF THE FACT THAT PROCESS HAS BEEN SERVED
ELECTRONICALLY ON THE SECRETARY OF STATE TO SUCH BOARD OF MANAGERS AT
THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR SUCH
PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH BOARD OF
MANAGERS.
(D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND
ALL ORDERS, DEMANDS, NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY
LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE PURPOSE OF
ACQUIRING JURISDICTION OF SUCH BOARD OF MANAGERS IN ANY ACTION OR
PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL, ADMINISTRATIVE, ARBI-
TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
(E) NOTHING IN THIS SUBDIVISION SHALL AFFECT THE RIGHT TO SERVE PROC-
ESS IN ANY OTHER MANNER PERMITTED BY LAW.
(F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SUBDIVISION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON
REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY HIM OR HER AFTER A PERIOD OF TEN YEARS FROM SUCH
SERVICE.
(G) A DESIGNATION OF THE SECRETARY OF STATE AS AGENT OF A BOARD OF
MANAGERS UPON WHOM PROCESS AGAINST THE BOARD OF MANAGERS MAY BE SERVED,
THE POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON HIM OR HER BY PERSONAL DELIVERY, AND THE
EMAIL ADDRESS, IF ANY, TO WHICH THE SECRETARY OF STATE SHALL EMAIL A
NOTICE OF THE FACT THAT PROCESS AGAINST THE BOARD OF MANAGERS HAS BEEN
ELECTRONICALLY SERVED UPON THE SECRETARY OF STATE, INCLUDED IN A DECLA-
RATION, OR AMENDMENT THEREOF, AND FILED WITH THE DEPARTMENT OF STATE
UNDER THIS SUBDIVISION, SHALL CONTINUE UNTIL A CERTIFICATE OF DESIG-
NATION IS FILED WITH THE SECRETARY OF STATE UNDER THIS SUBDIVISION.
S. 4008 41 A. 3008
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.
PART U
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 4 of part T of chapter 58 of the laws of 2022, 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, [2023] 2024 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 V
Section 1. The general business law is amended by adding a new article
42 to read as follows:
ARTICLE 42
NATURAL ORGANIC REDUCTION FACILITIES
SECTION 1100. DEFINITIONS.
1101. AUTHORIZED ENTITIES.
1102. POWERS OF THE DEPARTMENT OF STATE.
1103. RULES AND REGULATIONS.
1104. NATURAL ORGANIC REDUCTION FACILITY OPERATION.
1105. FEES.
1106. REVOCATION AND SUSPENSION OF AUTHORIZATION TO OPERATE;
FINES.
1107. HEARING ON CHARGES; DECISION.
1108. JUDICIAL REVIEW.
1109. CRIMINAL PENALTIES.
1110. OFFICIAL ACTS USED AS EVIDENCE.
1111. SEPARABILITY CLAUSE.
§ 1100. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "AUTHORIZING AGENT" MEANS THE PERSON IN CONTROL OF WHETHER THE
HUMAN REMAINS ARE NATURALLY ORGANICALLY REDUCED PURSUANT TO SECTION
FORTY-TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW.
2. "CEMETERY CORPORATION" HAS THE SAME MEANING AS PARAGRAPH (A) OF
SECTION FIFTEEN HUNDRED TWO OF THE NOT-FOR-PROFIT CORPORATION LAW.
3. "FUNERAL FIRM" HAS THE SAME MEANING AS SUBDIVISION (J) OF SECTION
THIRTY-FOUR HUNDRED OF THE PUBLIC HEALTH LAW.
4. "REGISTERED RESIDENT" HAS THE SAME MEANING AS SUBDIVISION (K) OF
SECTION THIRTY-FOUR HUNDRED OF THE PUBLIC HEALTH LAW.
5. "NATURAL ORGANIC REDUCTION" MEANS THE CONTAINED, ACCELERATED
CONVERSION OF HUMAN REMAINS TO SOIL.
6. "NATURAL ORGANIC REDUCTION AUTHORIZATION" MEANS A FORM SIGNED BY
THE AUTHORIZING AGENT AND CONTAINING SUCH INFORMATION AS REQUIRED BY THE
DEPARTMENT OF STATE.
7. "NATURAL ORGANIC REDUCTION FACILITY" MEANS A STRUCTURE, ROOM, OR
OTHER SPACE IN A BUILDING OR REAL PROPERTY WHERE NATURAL ORGANIC
REDUCTION OF A HUMAN BODY OCCURS.
S. 4008 42 A. 3008
8. "NATURAL ORGANIC REDUCTION PERMIT" MEANS THE BURIAL AND REMOVAL
PERMIT REQUIRED PURSUANT TO SECTION FORTY-ONE HUNDRED FORTY-FIVE OF THE
PUBLIC HEALTH LAW THAT IS ANNOTATED FOR DISPOSITION OF THE REMAINS OF A
DECEASED HUMAN BEING BY NATURAL ORGANIC REDUCTION.
9. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, COMPANY, PARTNERSHIP,
FUNERAL FIRM OR NOT-FOR-PROFIT CORPORATION.
§ 1101. AUTHORIZED ENTITIES. 1. NO PERSON OTHER THAN A CEMETERY CORPO-
RATION, OPERATING PURSUANT TO THE APPROVAL OF THE CEMETERY BOARD UNDER
ARTICLE FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW, SHALL ENGAGE IN
THE OPERATION OF A NATURAL ORGANIC REDUCTION FACILITY OR HOLD THEMSELVES
OUT AS ABLE TO DO SO UNLESS THEY ARE AUTHORIZED IN ACCORDANCE WITH THIS
ARTICLE. ANY PERSON OTHER THAN A CEMETERY CORPORATION INTENDING TO OPER-
ATE A NATURAL ORGANIC REDUCTION FACILITY SHALL SUBMIT AN APPLICATION TO
THE DEPARTMENT OF STATE, IN A FORM AND MANNER AUTHORIZED BY THE DEPART-
MENT OF STATE. SUCH APPLICATION SHALL INCLUDE:
(A) THE NAME AND ADDRESS OF THE APPLICANT: IF ANY INDIVIDUAL, THE NAME
UNDER WHICH THE INDIVIDUAL INTENDS TO CONDUCT BUSINESS; IF A PARTNER-
SHIP, THE NAME AND BUSINESS ADDRESS OF EACH MEMBER THEREOF, AND THE NAME
UNDER WHICH BUSINESS IS TO BE CONDUCTED; IF A CORPORATION, THE NAME OF
THE CORPORATION AND THE NAME AND BUSINESS ADDRESS OF EACH STOCKHOLDER OF
THE CORPORATION HOLDING STOCK INTERESTS OF MORE THAN TEN PERCENT;
(B) A CERTIFIED SURVEY OF THE SITE AND LOCATION WITHIN THE COUNTY IT
WILL BE SITUATED;
(C) A BUSINESS PLAN FOR THE OPERATION OF THE NATURAL ORGANIC REDUCTION
FACILITY TO INCLUDE, BUT NOT BE LIMITED TO, NUMBER OF EXPECTED NATURAL
ORGANIC REDUCTIONS PER YEAR, NUMBER OF NATURAL ORGANIC REDUCTION UNITS,
MANUFACTURE, CAPITAL COSTS, FINANCING, ANTICIPATED NUMBER OF EMPLOYEES,
TYPES OF SERVICES PROVIDED, PRICING THEREOF;
(D) A DESCRIPTION OF THE IMPACT OF THE PROPOSED NATURAL ORGANIC
REDUCTION FACILITY ON OTHER NATURAL ORGANIC REDUCTION FACILITIES, IF
ANY, WITHIN THE COUNTY OR IMPACT ON THE SURROUNDING COMMUNITY;
(E) PLANS, DESIGNS, AND COSTS OF ANY STRUCTURES TO BE ERECTED OR
RETROFITTED FOR THE NATURAL ORGANIC REDUCTION FACILITY USE; AND
(F) A DESCRIPTION OF ANY APPROVAL OR PERMITS REQUIRED BY STATE OR
LOCAL LAW. NO NATURAL ORGANIC REDUCTION FACILITY SHALL BE APPROVED UNTIL
SUCH OTHER APPROVALS OR PERMITS HAVE BEEN OBTAINED.
2. WITHIN THIRTY-FIVE DAYS FOLLOWING RECEIPT OF THE INFORMATION
REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE DEPARTMENT OF STATE MAY
REQUEST ANY ADDITIONAL INFORMATION OR DOCUMENTATION AND TECHNICAL
ASSISTANCE DEEMED NECESSARY TO REVIEW SUCH INFORMATION. SUCH INFORMATION
SHALL NOT BE DEEMED COMPLETE UNTIL THE REQUESTED ADDITIONAL INFORMATION
HAS BEEN RECEIVED. IF NO SUCH REQUEST IS MADE, THE SUBMISSION SHALL BE
DEEMED COMPLETE ON THE THIRTY-FIFTH DAY AFTER ITS RECEIPT BY THE DEPART-
MENT OF STATE.
3. THE DEPARTMENT OF STATE SHALL APPROVE OR DENY THE PROPOSED NATURAL
ORGANIC REDUCTION FACILITY WITHIN NINETY DAYS OF THE COMPLETED
SUBMISSION.
4. THE DEPARTMENT OF STATE SHALL PROVIDE WRITTEN NOTICE OF ITS DETER-
MINATION TO THE PERSON. IF A NEGATIVE DETERMINATION IS MADE, SUCH NOTICE
SHALL STATE THE REASONS THEREFOR. NOTICE SHALL BE MADE BY REGISTERED OR
CERTIFIED MAIL ADDRESSED TO THE PERSON AT THE ADDRESS LISTED IN THE
APPLICATION.
5. ANY PERSON WHO HAS HAD THEIR APPLICATION DENIED BY THE DEPARTMENT
OF STATE MAY APPEAL SUCH DETERMINATION PURSUANT TO SECTION ELEVEN
HUNDRED SEVEN OF THIS ARTICLE.
S. 4008 43 A. 3008
§ 1102. POWERS OF THE DEPARTMENT OF STATE. THE DEPARTMENT OF STATE
SHALL PERIODICALLY INSPECT ALL NATURAL ORGANIC REDUCTION FACILITIES
OPERATED IN ACCORDANCE WITH THIS ARTICLE. IN ADDITION TO THE POWERS AND
DUTIES ELSEWHERE PRESCRIBED IN THIS ARTICLE THE DEPARTMENT OF STATE
SHALL HAVE POWER TO:
1. APPOINT AN ADEQUATE NUMBER OF ASSISTANTS, INSPECTORS AND OTHER
EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE, TO PRESCRIBE THEIR DUTIES, AND TO FIX THEIR COMPENSATION WITHIN THE
AMOUNT APPROPRIATED THEREFOR;
2. INVESTIGATE NATURAL ORGANIC REDUCTION FACILITIES UNDER THIS ARTI-
CLE;
3. CONDUCT PHYSICAL INSPECTIONS OF ALL GROUNDS AND BUILDINGS OF ANY
NATURAL ORGANIC REDUCTION FACILITY;
4. CONDUCT A FINANCIAL AUDIT OF ALL BUSINESS RECORDS, AUTHORIZATIONS,
DOCUMENTS, FUNDS, ACCOUNTS AND CONTRACTS OF ANY NATURAL ORGANIC
REDUCTION FACILITY;
5. ISSUE SUBPOENAS FOR PERSONS OR RECORDS DEEMED APPROPRIATE TO AN
INVESTIGATION OR ANY OTHER ACTION TAKEN PURSUANT TO THIS ARTICLE;
6. PROVIDE INFORMATION AND RECORDS TO THE DEPARTMENT OF HEALTH
CONCERNING ANY FUNERAL FIRM THAT HAS VIOLATED THE PROVISIONS OF THIS
ARTICLE OR RULES AND REGULATIONS IMPLEMENTED IN THIS ARTICLE, AS MAY BE
REQUIRED BY THE DEPARTMENT OF HEALTH TO CARRY OUT ITS RESPONSIBILITIES
UNDER THE PUBLIC HEALTH LAW OR ANY RULES OR REGULATIONS IMPLEMENTED
THEREUNDER; AND
7. REQUIRE INFORMATION AND RECORDS FROM THE DEPARTMENT OF HEALTH
CONCERNING ANY FUNERAL FIRM OPERATING OR INTENDING TO OPERATE A NATURAL
ORGANIC REDUCTION FACILITY.
§ 1103. RULES AND REGULATIONS. THE DEPARTMENT OF STATE SHALL HAVE THE
POWER TO ADOPT SUCH RULES AND REGULATIONS NOT INCONSISTENT WITH THE
PROVISIONS OF THIS ARTICLE, IN CONSULTATION WITH THE DEPARTMENTS OF
HEALTH AND ENVIRONMENTAL CONSERVATION, AS MAY BE NECESSARY WITH RESPECT
TO APPLICATIONS TO OPERATE, THE INVESTIGATION OF NATURAL ORGANIC
REDUCTION FACILITIES, THE FORM AND CONTENT OF NATURAL ORGANIC REDUCTION
AUTHORIZATIONS, THE OPERATION OF NATURAL ORGANIC REDUCTION FACILITIES,
THE SAFETY STANDARDS FOR NATURALLY ORGANICALLY REDUCED REMAINS, CONSUMER
PROTECTIONS AND DISCLOSURES, AND THE OTHER MATTERS INCIDENTAL OR APPRO-
PRIATE FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS
OF THIS ARTICLE, AND TO AMEND OR REPEAL ANY SUCH RULES OR REGULATIONS.
§ 1104. NATURAL ORGANIC REDUCTION FACILITY OPERATION. NATURAL ORGANIC
REDUCTION FACILITY OPERATORS SHALL HAVE THE FOLLOWING DUTIES AND OBLI-
GATIONS:
1. (A) A NATURAL ORGANIC REDUCTION FACILITY SHALL BE MAINTAINED IN A
CLEAN, ORDERLY, AND SANITARY MANNER, WITH ADEQUATE VENTILATION AND SHALL
HAVE A TEMPORARY STORAGE AREA AVAILABLE TO STORE THE REMAINS OF DECEASED
HUMAN BEINGS PENDING DISPOSITION BY NATURAL ORGANIC REDUCTION, THE INTE-
RIOR OF WHICH SHALL NOT BE ACCESSIBLE TO THE GENERAL PUBLIC.
(B) ENTRANCES AND WINDOWS OF THE FACILITY SHALL BE MAINTAINED AT ALL
TIMES TO SECURE PRIVACY, INCLUDING, BUT NOT LIMITED TO: (I) DOORS SHALL
BE TIGHTLY CLOSED AND RIGID; (II) WINDOWS SHALL BE COVERED; AND (III)
ENTRANCES SHALL BE LOCKED AND SECURED WHEN NOT ACTIVELY ATTENDED BY
AUTHORIZED FACILITY PERSONNEL.
2. (A) THE NATURAL ORGANIC REDUCTION PROCESS SHALL BE CONDUCTED IN
PRIVACY. NO PERSON EXCEPT AUTHORIZED PERSONS SHALL BE ADMITTED INTO THE
REDUCTION AREA, HOLDING FACILITY, OR THE TEMPORARY STORAGE FACILITY
WHILE THE REMAINS OF DECEASED HUMAN BEINGS ARE BEING NATURALLY ORGAN-
ICALLY REDUCED. AUTHORIZED PERSONS, ON ADMITTANCE, SHALL COMPLY WITH ALL
S. 4008 44 A. 3008
RULES OF THE NATURAL ORGANIC REDUCTION FACILITY AND NOT INFRINGE UPON
THE PRIVACY OF THE REMAINS OF DECEASED HUMAN BEINGS.
(B) THE FOLLOWING ARE AUTHORIZED PERSONS: (I) EMPLOYEES AND OFFICERS
OF THE NATURAL ORGANIC REDUCTION FACILITY; (II) LICENSED, REGISTERED
FUNERAL DIRECTORS, REGISTERED RESIDENTS, AND ENROLLED STUDENTS OF MORTU-
ARY SCIENCE; (III) OFFICERS AND TRUSTEES OF CEMETERY CORPORATIONS; (IV)
AUTHORIZED EMPLOYEES OR THEIR AUTHORIZED AGENTS OF CEMETERY CORPO-
RATIONS; (V) PUBLIC OFFICERS ACTING IN THE DISCHARGE OF THEIR DUTIES;
(VI) AUTHORIZED INSTRUCTORS OF FUNERAL DIRECTING OR NATURAL ORGANIC
REDUCTION; (VII) LICENSED PHYSICIANS OR NURSES; AND (VIII) MEMBERS OF
THE IMMEDIATE FAMILY OF THE DECEASED AND THEIR AUTHORIZED AGENTS AND
DESIGNATED REPRESENTATIVES.
(C) EVERY NATURAL ORGANIC REDUCTION FACILITY SHALL USE ITS BEST
EFFORTS TO COMMENCE NATURAL ORGANIC REDUCTION WITHIN TWENTY-FOUR HOURS
OF ACCEPTING DELIVERY OF SUCH REMAINS. GOOD CAUSE, SUCH AS THE NEED TO
CONFIRM THE IDENTITY OF THE DECEASED HUMAN BEING, MUST BE DEMONSTRATED
IF NATURAL ORGANIC REDUCTION OF REMAINS COMMENCES MORE THAN FORTY-EIGHT
HOURS AFTER DELIVERY IS ACCEPTED.
3. (A) NO NATURAL ORGANIC REDUCTION FACILITY SHALL NATURALLY ORGAN-
ICALLY REDUCE THE REMAINS OF ANY DECEASED HUMAN BEING WITHOUT THE ACCOM-
PANYING NATURAL ORGANIC REDUCTION PERMIT, REQUIRED PURSUANT TO SECTION
FORTY-ONE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW WHICH PERMIT SHALL
CONSTITUTE PRESUMPTIVE EVIDENCE OF THE IDENTITY OF SAID REMAINS. IN
ADDITION, ALL NATURAL ORGANIC REDUCTION FACILITIES SITUATED OUTSIDE THE
CITY OF NEW YORK, MUST COMPLY WITH PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION FORTY-ONE HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW PERTAINING
TO THE RECEIPT OF THE DECEASED HUMAN BEING. FROM THE TIME OF SUCH DELIV-
ERY TO THE NATURAL ORGANIC REDUCTION FACILITY, UNTIL THE TIME THE
NATURAL ORGANIC REDUCTION FACILITY DISTRIBUTES THE REMAINS AS DIRECTED,
THE FACILITY SHALL BE RESPONSIBLE FOR THE REMAINS OF THE DECEASED HUMAN
BEING. FURTHER, A NATURAL ORGANIC REDUCTION AUTHORIZATION FORM SHALL
ACCOMPANY THE PERMIT REQUIRED IN SECTION FORTY-ONE HUNDRED FORTY-FIVE OF
THE PUBLIC HEALTH LAW. THIS FORM, PROVIDED OR APPROVED BY THE FACILITY,
SHALL BE SIGNED BY THE AUTHORIZED AGENT ATTESTING TO THE PERMISSION FOR
THE NATURAL ORGANIC REDUCTION OF THE DECEASED, AND DISCLOSING TO THE
NATURAL ORGANIC REDUCTION FACILITY THAT SUCH BODY DOES NOT CONTAIN A
BATTERY, BATTERY PACK, POWER CELL, RADIOACTIVE IMPLANT, OR RADIOLOGICAL
DEVICE, IF ANY, AND THAT THESE MATERIALS WERE REMOVED PRIOR TO THE
NATURAL ORGANIC REDUCTION PROCESS.
(B) UPON GOOD CAUSE BEING SHOWN REBUTTING THE PRESUMPTION OF THE IDEN-
TITY OF SUCH REMAINS, THE NATURAL ORGANIC REDUCTION SHALL NOT COMMENCE
UNTIL REASONABLE CONFIRMATION OF THE IDENTITY OF THE DECEASED HUMAN
BEING IS MADE. THIS PROOF MAY BE IN THE FORM OF, BUT NOT LIMITED TO, A
SIGNED AFFIDAVIT FROM A LICENSED PHYSICIAN, A MEMBER OF THE FAMILY OF
THE DECEASED HUMAN BEING, THE AUTHORIZING AGENT OR A COURT ORDER FROM
THE STATE SUPREME COURT WITHIN THE COUNTY OF THE NATURAL ORGANIC
REDUCTION FACILITY. SUCH PROOF SHALL BE PROVIDED BY THE AUTHORIZING
AGENT.
(C) THE FACILITY SHALL HAVE A WRITTEN PLAN TO ASSURE THAT THE IDEN-
TIFICATION ESTABLISHED BY THE NATURAL ORGANIC REDUCTION PERMIT ACCOMPA-
NIES THE REMAINS OF THE DECEASED HUMAN BEING THROUGH THE NATURAL ORGANIC
REDUCTION PROCESS AND UNTIL THE IDENTITY OF THE DECEASED IS ACCURATELY
AND LEGIBLY INSCRIBED ON THE CONTAINER IN WHICH THE REMAINS ARE PLACED.
4. (A) THE REMAINS OF A DECEASED HUMAN BEING SHALL BE DELIVERED TO
THE NATURAL ORGANIC REDUCTION FACILITY IN A CONTAINER OR IN EXTERNAL
WRAPPINGS SUFFICIENT TO CONTAIN THE REMAINS AND ALSO DESIGNED TO FULLY
S. 4008 45 A. 3008
DECOMPOSE IN THE NATURAL REDUCTION PROCESS. SUCH CONTAINER OR EXTERNAL
WRAPPINGS HOLDING THE REMAINS OF THE DECEASED HUMAN BEING SHALL NOT BE
OPENED AFTER DELIVERY TO THE NATURAL ORGANIC REDUCTION FACILITY UNLESS
THERE EXISTS GOOD CAUSE TO CONFIRM THE IDENTITY OF THE DECEASED, OR TO
ASSURE THAT NO MATERIAL IS ENCLOSED WHICH MIGHT CAUSE INJURY TO EMPLOY-
EES OR DAMAGE TO NATURAL ORGANIC REDUCTION FACILITY PROPERTY, OR UPON
REASONABLE DEMAND BY MEMBERS OF THE IMMEDIATE FAMILY OR THE AUTHORIZING
AGENT.
(B) IN SUCH INSTANCES IN WHICH THE CONTAINER OR WRAPPINGS ARE OPENED
AFTER DELIVERY TO THE NATURAL ORGANIC REDUCTION FACILITY, SUCH ACTION
SHALL ONLY BE CONDUCTED BY THE LICENSED FUNERAL DIRECTOR OR REGISTERED
RESIDENT DELIVERING THE REMAINS OF THE DECEASED HUMAN BEING AND A RECORD
SHALL BE MADE, WHICH SHALL INCLUDE THE REASON FOR SUCH ACTION, THE
SIGNATURE OF THE PERSON AUTHORIZING THE OPENING THEREOF, AND THE NAMES
OF THE PERSON OPENING THE CONTAINER OR WRAPPINGS AND THE WITNESS THERE-
TO, WHICH SHALL BE RETAINED IN THE PERMANENT FILE OF THE NATURAL ORGANIC
REDUCTION FACILITY.
THE OPENING OF THE CONTAINER OR WRAPPING SHALL BE CONDUCTED IN THE
PRESENCE OF THE WITNESS AND SHALL COMPLY WITH ALL RULES AND REGULATIONS
INTENDED TO PROTECT THE HEALTH AND SAFETY OF NATURAL ORGANIC REDUCTION
FACILITY PERSONNEL.
5. IN THOSE INSTANCES IN WHICH THE REMAINS OF DECEASED HUMAN BEINGS
ARE TO BE DELIVERED TO A NATURAL ORGANIC REDUCTION FACILITY IN A CASKET
OR OTHER CONTAINER THAT IS NOT TO BE NATURALLY ORGANICALLY REDUCED WITH
THE DECEASED, TIMELY DISCLOSURE THEREOF MUST BE MADE BY THE PERSON
MAKING THE FUNERAL ARRANGEMENTS TO THE NATURAL ORGANIC REDUCTION FACILI-
TY THAT PRIOR TO NATURAL ORGANIC REDUCTION THE REMAINS OF THE DECEASED
HUMAN BEING SHALL BE TRANSFERRED TO A CONTAINER OR EXTERNAL WRAPPINGS
SUFFICIENT TO CONTAIN THE REMAINS AND ALSO DESIGNED TO FULLY DECOMPOSE
IN THE NATURAL REDUCTION PROCESS. SUCH SIGNED ACKNOWLEDGEMENT OF THE
AUTHORIZING PERSON, THAT THE TIMELY DISCLOSURE HAS BEEN MADE, SHALL BE
RETAINED BY THE NATURAL ORGANIC REDUCTION FACILITY IN ITS PERMANENT
RECORDS.
6. (A) THE REMAINS OF A DECEASED HUMAN BEING SHALL NOT BE REMOVED FROM
THE CASKET, CONTAINER, OR EXTERNAL WRAPPINGS IN WHICH IT IS DELIVERED TO
THE NATURAL ORGANIC REDUCTION FACILITY UNLESS EXPLICIT, SIGNED AUTHORI-
ZATION IS PROVIDED BY THE PERSON MAKING FUNERAL ARRANGEMENTS OR BY A
PUBLIC OFFICER DISCHARGING A STATUTORY DUTY, WHICH SIGNED AUTHORIZATION
SHALL BE RETAINED BY THE NATURAL ORGANIC REDUCTION FACILITY IN ITS
PERMANENT RECORDS.
(B) WHEN THE REMAINS OF A DECEASED HUMAN BEING ARE TO BE TRANSFERRED
TO A CONTAINER, THE TRANSFER SHALL BE CONDUCTED IN PRIVACY WITH DIGNITY
AND RESPECT AND BY A LICENSED FUNERAL DIRECTOR OR REGISTERED RESIDENT.
THE TRANSFERRING OPERATION SHALL COMPLY WITH ALL RULES AND REGULATIONS
INTENDED TO PROTECT THE HEALTH AND SAFETY OF FACILITY PERSONNEL.
7. THE NATURAL ORGANIC REDUCTION OF REMAINS OF MORE THAN ONE DECEASED
HUMAN BEING IN A REDUCTION CONTAINER AT ANY ONE TIME IS UNLAWFUL, EXCEPT
UPON THE EXPLICIT, SIGNED AUTHORIZATION PROVIDED BY THE PERSONS MAKING
FUNERAL ARRANGEMENTS AND THE SIGNED APPROVAL OF THE NATURAL ORGANIC
REDUCTION FACILITY, WHICH SHALL BE RETAINED BY THE NATURAL ORGANIC
REDUCTION FACILITY IN ITS PERMANENT RECORDS.
8. (A) UPON THE COMPLETION OF THE NATURAL ORGANIC REDUCTION OF THE
REMAINS OF A DECEASED HUMAN BEING, THE INTERIOR OF THE NATURAL ORGANIC
REDUCTION CONTAINER SHALL BE THOROUGHLY SWEPT OR OTHERWISE CLEANED SO AS
TO RENDER THE NATURAL ORGANIC REDUCTION CONTAINER REASONABLY FREE OF ALL
MATTER. THE CONTENTS THEREOF SHALL BE PLACED INTO AN INDIVIDUAL CONTAIN-
S. 4008 46 A. 3008
ER AND NOT COMMINGLED WITH OTHER REMAINS. THE NATURAL ORGANIC REDUCTION
PERMIT SHALL BE ATTACHED TO THE INDIVIDUAL CONTAINER PREPARATORY TO
FINAL PROCESSING. A MAGNET AND SIEVE, OR OTHER APPROPRIATE METHOD OF
SEPARATION, MAY BE USED TO DIVIDE THE REMAINS FROM UNRECOGNIZABLE, INCI-
DENTAL OR FOREIGN MATERIAL.
(B) THE INCIDENTAL AND FOREIGN MATERIAL OF THE NATURAL ORGANIC
REDUCTION PROCESS SHALL BE DISPOSED OF IN A SAFE MANNER IN COMPLIANCE
WITH ALL SANITARY RULES AND REGULATIONS AS BY-PRODUCTS.
(C) THE REMAINS SHALL BE PULVERIZED UNTIL NO SINGLE FRAGMENT IS RECOG-
NIZABLE AS SKELETAL TISSUE.
(D) THE PULVERIZED REMAINS SHALL BE TRANSFERRED TO A CONTAINER OR TO
MULTIPLE CONTAINERS, IF SO REQUESTED IN WRITING BY THE AUTHORIZING
AGENT. SUCH CONTAINER OR CONTAINERS SHALL HAVE INSIDE DIMENSIONS OF
SUITABLE SIZE TO CONTAIN THE REMAINS OF THE PERSON WHO WAS NATURALLY
ORGANICALLY REDUCED.
(E) THE PRESCRIBED CONTAINER OR CONTAINERS SHALL BE ACCURATELY AND
LEGIBLY LABELED WITH THE IDENTIFICATION OF THE HUMAN BEING WHOSE REMAINS
ARE CONTAINED THEREIN, IN A MANNER ACCEPTABLE TO THE DEPARTMENT OF
STATE.
9. THE AUTHORIZING AGENT SHALL BE RESPONSIBLE FOR THE FINAL DISPOSI-
TION OF THE REMAINS. REMAINS RESULTING FROM THE NATURAL ORGANIC
REDUCTION PROCESS ARE NOT RECOVERABLE ONCE SCATTERED OR INTERRED.
REMAINS SHALL BE DISPOSED OF BY SCATTERING OR SPREADING THEM IN A DESIG-
NATED SCATTERING GARDEN OR AREA IN A CEMETERY, OR BY PRIOR AUTHORIZATION
BY THE CEMETERY CORPORATION, BY INTERMENT IN A GRAVE, CRYPT, OR NICHE.
UPON COMPLETION OF THE NATURAL ORGANIC REDUCTION PROCESS, THE NATURAL
ORGANIC REDUCTION FACILITY SHALL NOTIFY THE AUTHORIZING AGENT AND FUNER-
AL FIRM MAKING SUCH ARRANGEMENTS THAT THE NATURAL ORGANIC REDUCTION
PROCESS HAS BEEN COMPLETED AND THAT THE REMAINS ARE PREPARED TO BE
DISPOSED OF IN ACCORDANCE WITH THIS PARAGRAPH. UPON RECEIPT OF THE
REMAINS, THE INDIVIDUAL RECEIVING THEM MAY TRANSPORT THEM IN ANY MANNER
IN THE STATE WITHOUT A PERMIT, AND MAY DISPOSE OF THEM IN ACCORDANCE
WITH THIS SECTION. AFTER DISPOSITION, THE NATURAL ORGANIC REDUCTION
FACILITY SHALL BE DISCHARGED FROM ANY LEGAL OBLIGATION OR LIABILITY TO
DELIVER THE REMAINS TO THE AUTHORIZING AGENT OR ANY OTHER PERSON ENUMER-
ATED UNDER PARAGRAPH (A) OF SUBDIVISION 2 OF SECTION FORTY-TWO HUNDRED
ONE OF THE PUBLIC HEALTH LAW CONCERNING THE REMAINS. IF, AFTER A PERIOD
OF ONE HUNDRED TWENTY DAYS FROM THE DATE OF THE NATURAL ORGANIC
REDUCTION, THE AUTHORIZING AGENT HAS NOT ARRANGED FOR THE FINAL DISPOSI-
TION OF THE REMAINS OR CLAIMED THE REMAINS, THE NATURAL ORGANIC
REDUCTION FACILITY MAY DISPOSE OF THE REMAINS IN ANY MANNER PERMITTED BY
THIS SECTION. THE NATURAL ORGANIC REDUCTION FACILITY, HOWEVER, SHALL
KEEP A PERMANENT RECORD IDENTIFYING THE SITE OF FINAL DISPOSITION. THE
AUTHORIZING AGENT SHALL BE RESPONSIBLE FOR REIMBURSING THE NATURAL
ORGANIC REDUCTION FACILITY FOR ALL REASONABLE EXPENSES INCURRED IN
DISPOSING OF THE REMAINS. EXCEPT WITH THE EXPRESS WRITTEN PERMISSION OF
THE AUTHORIZING AGENT, NO PERSON SHALL PLACE REMAINS OF MORE THAN ONE
PERSON IN THE SAME TEMPORARY CONTAINER OR URN.
10. ANY EMPLOYEE OF A NATURAL ORGANIC REDUCTION FACILITY WHOSE FUNC-
TION IS TO CONDUCT THE DAILY OPERATIONS OF THE NATURAL ORGANIC REDUCTION
PROCESS SHALL BE CERTIFIED BY AN ORGANIZATION APPROVED BY THE DEPARTMENT
OF STATE. PROOF OF SUCH CERTIFICATION SHALL BE POSTED IN THE NATURAL
ORGANIC REDUCTION FACILITY AND AVAILABLE FOR INSPECTION AT ANY TIME. ANY
NEW EMPLOYEES OF A NATURAL ORGANIC REDUCTION FACILITY REQUIRED TO BE
CERTIFIED UNDER THIS SECTION AND RETAINED PRIOR TO THE EFFECTIVE DATE OF
THIS PARAGRAPH SHALL BE CERTIFIED WITHIN ONE YEAR OF SUCH EFFECTIVE
S. 4008 47 A. 3008
DATE. RENEWAL OF SUCH CERTIFICATION SHALL BE COMPLETED EVERY FIVE YEARS
FROM THE DATE OF CERTIFICATION.
§ 1105. FEES. FEES PAYABLE TO THE DEPARTMENT OF STATE UNDER THIS ARTI-
CLE ARE TO DEFRAY THE COSTS OF EXAMINATION AND ADMINISTRATION UNDER THIS
ARTICLE. EACH NATURAL ORGANIC REDUCTION FACILITY, NOT LATER THAN MARCH
THIRTIETH IN EACH CALENDAR YEAR, SHALL PAY THE SUM OF THREE DOLLARS FOR
EACH NATURAL ORGANIC REDUCTION PERFORMED IN THE PRECEDING CALENDAR YEAR.
§ 1106. REVOCATION AND SUSPENSION OF AUTHORIZATION TO OPERATE; FINES.
1. THE AUTHORIZATION TO OPERATE A NATURAL ORGANIC REDUCTION FACILITY
MAY BE SUSPENDED OR REVOKED, AND A FINE NOT EXCEEDING TEN THOUSAND
DOLLARS PER EACH INSTANCE MAY BE IMPOSED, BY THE DEPARTMENT OF STATE FOR
THE FOLLOWING REASONS:
(A) FRAUD OR BRIBERY IN THE OPERATION OF THE NATURAL ORGANIC REDUCTION
FACILITY;
(B) THE MAKING OF ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN ANY
REGISTRATION, STATEMENT OR CERTIFICATE REQUIRED BY OR PURSUANT TO THIS
ARTICLE;
(C) INCOMPETENCY IN THE OPERATION OF THE NATURAL ORGANIC REDUCTION
FACILITY;
(D) FAILURE TO PROPERLY IDENTIFY AND TRACK REMAINS THROUGHOUT THE
NATURAL ORGANIC REDUCTION PROCESS;
(E) VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY RULE OR REGU-
LATION ADOPTED HEREUNDER; AND
(F) CONVICTION OF A CRIME INVOLVING FRAUD, THEFT, PERJURY, BRIBERY,
MISHANDLING OF HUMAN REMAINS, OR VIOLATIONS OF ARTICLE FORTY-TWO OF THE
PUBLIC HEALTH LAW.
2. WHENEVER THE AUTHORIZATION TO OPERATE A NATURAL ORGANIC REDUCTION
FACILITY IS REVOKED SUCH AUTHORIZATION SHALL NOT BE REINSTATED OR REIS-
SUED UNTIL AFTER THE EXPIRATION OF A PERIOD OF FIVE YEARS FROM THE DATE
OF SUCH REVOCATION.
§ 1107. HEARING ON CHARGES; DECISION. 1. NO AUTHORIZATION TO OPERATE A
NATURAL ORGANIC REDUCTION FACILITY SHALL BE SUSPENDED OR REVOKED NOR
SHALL ANY FINE OR REPRIMAND IMPOSED, NOR ANY CERTIFICATION OF A NATURAL
ORGANIC REDUCTION OPERATOR BE SUSPENDED OR REVOKED, UNTIL AFTER A HEAR-
ING HELD BEFORE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF STATE DESIG-
NATED FOR SUCH PURPOSE, UPON NOTICE TO THE NATURAL ORGANIC REDUCTION
FACILITY OF AT LEAST TEN DAYS. THE NOTICE SHALL BE SERVED EITHER
PERSONALLY OR BY CERTIFIED MAIL AT THE ADDRESS OF THE NATURAL ORGANIC
REDUCTION FACILITY OR NATURAL ORGANIC REDUCTION FACILITY OPERATOR AND
SHALL STATE THE DATE AND PLACE OF HEARING AND SET FORTH THE CHARGES
AGAINST THE NATURAL ORGANIC REDUCTION FACILITY OR OPERATOR. THE NATURAL
ORGANIC REDUCTION FACILITY OR OPERATOR SHALL HAVE THE OPPORTUNITY TO BE
HEARD IN THEIR DEFENSE EITHER IN PERSON OR BY COUNSEL AND MAY PRODUCE
WITNESSES TO TESTIFY ON THEIR BEHALF. A STENOGRAPHIC RECORD OF THE HEAR-
ING SHALL BE TAKEN AND PRESERVED. WITHIN TEN DAYS AFTER A HEARING THE
NATURAL ORGANIC REDUCTION FACILITY SHALL RECEIVE A STENOGRAPHIC RECORD
OF THE HEARING UPON PAYMENT OF FIFTY PERCENT OF THE COST OF PREPARATION
OF SUCH RECORD. THE HEARING MAY BE ADJOURNED UPON A SHOWING OF GOOD
CAUSE AT LEAST FIVE DAYS BEFORE THE HEARING, IN WRITING, TO A HEARING
OFFICER. THE PERSON CONDUCTING THE HEARING SHALL MAKE A WRITTEN REPORT
OF THEIR FINDINGS AND THE RECOMMENDATION TO THE DEPARTMENT OF STATE. THE
DEPARTMENT OF STATE SHALL REVIEW SUCH FINDINGS AND THE RECOMMENDATION
AND, AFTER DUE DELIBERATION, SHALL ISSUE AN ORDER ACCEPTING, MODIFYING,
OR REJECTING SUCH RECOMMENDATION AND DISMISSING THE CHARGES OR SUSPEND-
ING OR REVOKING THE AUTHORIZATION TO OPERATE A NATURAL ORGANIC REDUCTION
FACILITY OR IMPOSING A FINE, OR BOTH, UPON THE NATURAL ORGANIC REDUCTION
S. 4008 48 A. 3008
FACILITY OR SUSPEND OR REVOKE THE CERTIFICATION OF THE NATURAL ORGANIC
REDUCTION OPERATOR.
2. ANY PERSON WHO HAS HAD THEIR APPLICATION TO OPERATE A NATURAL
ORGANIC REDUCTION FACILITY REJECTED SHALL BE ENTITLED TO A HEARING
BEFORE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF STATE DESIGNATED FOR
SUCH PURPOSE, UPON NOTICE TO SUCH PERSON OF AT LEAST TEN DAYS. NOTICE
SHALL BE SERVED EITHER PERSONALLY OR BY CERTIFIED MAIL TO THE ADDRESS
CONTAINED IN THE APPLICATION AND SHALL STATE THE TIME AND PLACE OF HEAR-
ING AND SET FORTH THE GROUND OR GROUNDS CONSTITUTING REJECTION OF SUCH
APPLICATION. THE APPLICANT SHALL HAVE THE OPPORTUNITY TO BE HEARD IN
THEIR DEFENSE EITHER IN PERSON OR BY COUNSEL AND MAY PRODUCE WITNESSES
AND TESTIFY ON THEIR OWN BEHALF. A STENOGRAPHIC RECORD OF THE HEARING
SHALL BE TAKEN AND PRESERVED. WITHIN TEN DAYS AFTER A HEARING THE
NATURAL ORGANIC REDUCTION FACILITY SHALL RECEIVE A STENOGRAPHIC RECORD
OF THE HEARING UPON PAYMENT OF FIFTY PERCENT OF THE COST OF PREPARATION
OF SUCH RECORD. THE HEARING MAY BE ADJOURNED UPON A SHOWING OF GOOD
CAUSE AT LEAST FIVE DAYS BEFORE THE HEARING, IN WRITING, TO A HEARING
OFFICER. THE PERSON CONDUCTING THE HEARING SHALL MAKE A WRITTEN REPORT
OF THEIR FINDINGS AND A RECOMMENDATION TO THE DEPARTMENT OF STATE FOR
DECISION. THE DEPARTMENT OF STATE SHALL REVIEW SUCH FINDINGS AND RECOM-
MENDATION AND, AFTER DUE DELIBERATION, SHALL ISSUE AN ORDER ACCEPTING,
MODIFYING OR REJECTING SUCH RECOMMENDATION AND EITHER GRANT AN AUTHORI-
ZATION OR REJECT THE APPLICATION.
3. FOR THE PURPOSES OF THIS ARTICLE, THE SECRETARY OF STATE OR ANY
OFFICER OR EMPLOYEE OF THE DEPARTMENT OF STATE DESIGNATED BY THE SECRE-
TARY OF STATE MAY ADMINISTER OATHS, TAKE TESTIMONY, SUBPOENA WITNESSES
AND COMPEL THE PRODUCTION OF BOOKS, PAPERS, RECORDS AND DOCUMENTS DEEMED
PERTINENT TO THE SUBJECT OF INVESTIGATION.
4. STRICT RULES OF EVIDENCE DO NOT APPLY TO HEARINGS HELD PURSUANT TO
THIS ARTICLE.
§ 1108. JUDICIAL REVIEW. THE ACTION OF THE DEPARTMENT OF STATE IN
SUSPENDING OR REVOKING AN AUTHORIZATION TO OPERATE A NATURAL ORGANIC
REDUCTION FACILITY, OR IMPOSING A FINE OR REPRIMAND ON A NATURAL ORGANIC
REDUCTION FACILITY OR SUSPENDING OR REVOKING THE CERTIFICATION OF A
NATURAL ORGANIC REDUCTION OPERATOR MAY BE REVIEWED BY A PROCEEDING
BROUGHT UNDER AND PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRAC-
TICE LAW AND RULES.
§ 1109. CRIMINAL PENALTIES. 1. ANY PERSON SHALL FOR THE FIRST OFFENSE
OF PARAGRAPH (A), (B), (C), OR (D) OF THIS SUBDIVISION, BE GUILTY OF A
MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF
NOT MORE THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT FOR A TERM OF NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT. THE FOLLOWING
OFFENSES SHALL CONSTITUTE A FIRST OFFENSE:
(A) ANY PERSON NOT AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
FIFTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW WHO ENGAGES IN THE BUSI-
NESS OF OPERATING A NATURAL ORGANIC REDUCTION FACILITY OR HOLDS THEM-
SELVES OUT TO THE PUBLIC AS BEING ABLE TO DO SO;
(B) ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ARTI-
CLE;
(C) ANY PERSON WHO, HAVING THEIR APPROVAL TO ENGAGE IN THE BUSINESS OF
OPERATING A NATURAL ORGANIC REDUCTION FACILITY SUSPENDED OR REVOKED,
CONTINUES TO DO SO; OR
(D) ANY PERSON WHO DIRECTLY OR INDIRECTLY EMPLOYS, PERMITS OR AUTHOR-
IZES AN UNAPPROVED PERSON TO OPERATE A NATURAL ORGANIC REDUCTION FACILI-
TY.
S. 4008 49 A. 3008
2. IF THE CONVICTION IS FOR AN OFFENSE COMMITTED AFTER THE FIRST
CONVICTION OF SUCH PERSON UNDER THIS ARTICLE, SUCH PERSON SHALL BE GUIL-
TY OF A CLASS E FELONY. EACH VIOLATION OF THIS ARTICLE SHALL BE DEEMED A
SEPARATE OFFENSE.
§ 1110. OFFICIAL ACTS USED AS EVIDENCE. THE OFFICIAL ACTS OF THE
DEPARTMENT OF STATE SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN
AND SHALL BE ENTITLED TO BE RECEIVED IN EVIDENCE IN ALL ACTIONS AT LAW
OR OTHER LEGAL PROCEEDINGS IN ANY COURT OR BEFORE ANY BOARD, BODY OR
OFFICER.
§ 1111. SEPARABILITY CLAUSE. IF ANY PART OR PROVISION OF THIS ARTICLE
OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE BE ADJUDGED
INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL BE
CONFINED IN ITS OPERATION TO THE PART, PROVISION OR APPLICATION DIRECTLY
INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
RENDERED AND SHALL NOT AFFECT OR IMPAIR THE VALIDITY OF THE REMAINDER OF
THIS ARTICLE OR THE APPLICATION THEREOF TO OTHER PERSONS OR CIRCUM-
STANCES AND THE LEGISLATURE HEREBY DECLARES THAT IT WOULD HAVE ENACTED
THIS ARTICLE OR THE REMAINDER THEREOF HAD THE INVALIDITY OF SUCH
PROVISION OR APPLICATION THEREOF BEEN APPARENT.
§ 2. Section 1503 of the not-for-profit corporation law is amended by
adding a new paragraph (c) as follows:
(C) THIS ARTICLE SHALL NOT APPLY TO NATURAL ORGANIC REDUCTION FACILI-
TIES OPERATED BY A PERSON PURSUANT TO ARTICLE FORTY-TWO OF THE GENERAL
BUSINESS LAW.
§ 3. Subparagraph 4 of paragraph (c) of section 1504 of the not-for-
profit corporation law, as added by chapter 557 of the laws of 1985, is
amended to read as follows:
(4) To impose a civil penalty upon a cemetery corporation not exceed-
ing [one] TEN thousand dollars, after conducting an adjudicatory hearing
pursuant to the provisions of the state administrative procedure act,
for a violation of or a failure to comply with any provisions contained
in this article or any regulation, directive or order of the board, and
without the need to maintain a civil action pursuant to [subdivision]
SUBPARAGRAPH five of this paragraph.
§ 4. Paragraph (c) of section 1504 of the not-for-profit corporation
law is amended by adding a new subparagraph 6 to read as follows:
(6) TO SUSPEND OR REVOKE THE APPROVAL FOR A CEMETERY CORPORATION TO
OPERATE A NATURAL ORGANIC REDUCTION FACILITY, OR SUSPEND OR REVOKE THE
CERTIFICATION OF A NATURAL ORGANIC REDUCTION FACILITY OPERATOR, AFTER
CONDUCTING AN ADJUDICATORY HEARING PURSUANT TO THE PROVISIONS OF THE
STATE ADMINISTRATIVE PROCEDURE ACT, FOR A VIOLATION OF OR A FAILURE TO
COMPLY WITH ANY PROVISIONS CONTAINED IN THIS ARTICLE OR ANY REGULATION,
DIRECTIVE OR ORDER OF THE BOARD, AND WITHOUT THE NEED TO MAINTAIN A
CIVIL ACTION PURSUANT TO SUBPARAGRAPH FIVE OF THIS PARAGRAPH.
§ 5. Paragraph (b) of section 1518 of the not-for-profit corporation
law, as added by chapter 817 of the laws of 2022, is amended by adding a
new subparagraph 3 to read as follows:
(3) EVERY NATURAL ORGANIC REDUCTION FACILITY SHALL USE ITS BEST
EFFORTS TO COMMENCE NATURAL ORGANIC REDUCTION WITHIN TWENTY-FOUR HOURS
OF ACCEPTING DELIVERY OF SUCH REMAINS. GOOD CAUSE, SUCH AS THE NEED TO
CONFIRM THE IDENTITY OF THE DECEASED HUMAN BEING, MUST BE DEMONSTRATED
IF NATURAL ORGANIC REDUCTION OF REMAINS COMMENCES MORE THAN FORTY-EIGHT
HOURS AFTER DELIVERY IS ACCEPTED.
§ 6. Subdivision (i) of section 1518 of the not-for-profit corporation
law, as added by chapter 817 of the laws of 2022, is amended to read as
follows:
S. 4008 50 A. 3008
(i) Disposition of remains. The authorizing agent shall be responsible
for the final disposition of the remains. Disposition of remains result-
ing from the natural organic reduction process are not recoverable once
scattered or interred. Remains shall be disposed of by scattering them
in a designated scattering garden or area in a cemetery, or by prior
authorization by the cemetery corporation, by placing them in a grave,
crypt, or niche[, or retrieval of the remains pursuant to prior authori-
zation by the authorizing agent or a person specifically designated by
the authorizing agent]. Upon completion of the natural organic reduction
process, the cemetery corporation shall notify the authorizing agent and
funeral firm making such arrangements that the natural organic reduction
process has been completed and that the remains are prepared to be
disposed of in accordance with this paragraph. UPON RECEIPT OF THE
REMAINS, THE INDIVIDUAL RECEIVING THEM MAY TRANSPORT THEM IN ANY MANNER
IN THE STATE WITHOUT A PERMIT, AND MAY DISPOSE OF THEM IN ACCORDANCE
WITH THIS SECTION. After disposition, the cemetery corporation shall
be discharged from any legal obligation or liability TO DELIVER THE
REMAINS TO THE AUTHORIZING AGENT OR ANY OTHER PERSON ENUMERATED UNDER
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION FORTY-TWO HUNDRED ONE OF THE
PUBLIC HEALTH LAW concerning the remains. If, after a period of one
hundred twenty days from the date of the natural organic reduction, the
authorizing agent has not instructed the cemetery corporation to arrange
for the final disposition of the remains or claimed the remains, the
cemetery corporation may dispose of the remains in any manner permitted
by this section. The cemetery corporation, however, shall keep a perma-
nent record identifying the site of final disposition. The authorizing
agent shall be responsible for reimbursing the cemetery corporation for
all reasonable expenses incurred in disposing of the remains. Upon
disposing of the remains, the cemetery corporation shall be discharged
from any legal obligation or liability TO DELIVER THE REMAINS TO THE
AUTHORIZING AGENT OR ANY OTHER PERSON ENUMERATED UNDER PARAGRAPH (A) OF
SUBDIVISION TWO OF SECTION FORTY-TWO HUNDRED ONE OF THE PUBLIC HEALTH
LAW concerning the remains. Except with the express written permission
of the authorizing agent, no person shall place remains of more than one
person in the same temporary container or urn.
§ 7. Subdivisions (d) and (e) of section 3400 of the public health law
are amended and two new subdivisions (m) and (n) are added to read as
follows:
(d) "Funeral directing" means the care and disposal of the body of a
deceased person and/or the preserving, disinfecting and preparing by
embalming or otherwise, the body of a deceased person for funeral
services, transportation, burial, NATURAL ORGANIC REDUCTION, or crema-
tion; and/or funeral directing or embalming as presently known whether
under these titles or designations or otherwise.
(e) "Undertaking" means the care, disposal, transportation, burial,
NATURAL ORGANIC REDUCTION, or cremation by any means other than embalm-
ing of the body of a deceased person.
(M) "NATURAL ORGANIC REDUCTION" HAS THE SAME MEANING AS SUBDIVISION
FIVE OF SECTION ELEVEN HUNDRED OF THE GENERAL BUSINESS LAW.
(N) "NATURAL ORGANIC REDUCTION FACILITY" HAS THE SAME MEANING AS
SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED OF THE GENERAL BUSINESS LAW.
§ 8. Section 3421 of the public health law is amended by adding a new
subdivision 5 to read as follows:
5. NO LICENSED FUNERAL DIRECTOR SHALL HAVE THE AUTHORITY TO PRACTICE
NATURAL ORGANIC REDUCTION WITHOUT AUTHORIZATION FROM THE DEPARTMENT OF
STATE PURSUANT TO ARTICLE FORTY-TWO OF THE GENERAL BUSINESS LAW.
S. 4008 51 A. 3008
§ 9. Paragraph (a) of subdivision 1 of section 3443 of the public
health law is amended to read as follows:
(a) shown or displayed upon or in any funeral establishment OR NATURAL
ORGANIC REDUCTION FACILITY OPERATED BY A FUNERAL FIRM; or
§ 10. Paragraphs (a), (c), (d), (e), (f), (o) and (p) of subdivision 1
of section 3450 of the public health law, as amended by chapter 534 of
the laws of 1983, paragraph (o) as amended and paragraph (p) as added by
chapter 529 of the laws of 1993 are amended and two new paragraphs (q)
and (r) are added to read as follows:
(a) has violated any of the provisions of this article, the sanitary
code, the rules and regulations of the commissioner or of any statute,
code, rule or regulation relating to the practice of funeral directing,
embalming, or vital statistics, INCLUDING ARTICLE FORTY-TWO OF THE
GENERAL BUSINESS LAW;
(c) has practiced fraud, deceit or misrepresentation in securing or
procuring a license or admission to practice funeral directing, under-
taking, or embalming, OR AN AUTHORIZATION TO OPERATE A NATURAL ORGANIC
REDUCTION FACILITY;
(d) is incompetent to engage in the business or practice of funeral
directing, undertaking, or embalming, INCLUDING THE OPERATION OF A
NATURAL ORGANIC REDUCTION FACILITY, except that this provision shall not
apply to an officer, director or stockholder of, or other person inter-
ested in, a corporation owning a funeral firm unless he shall be the
licensed and registered manager thereof;
(e) has practiced fraud, deceit, or misrepresentation in his business
or practice or in the business of such funeral firm, INCLUDING IN THE
OPERATION OF A NATURAL ORGANIC REDUCTION FACILITY;
(f) has committed acts of misconduct in the conduct of the business or
practice of funeral directing, undertaking, or embalming or in the busi-
ness of such funeral firm, INCLUDING IN THE OPERATION OF A NATURAL
ORGANIC REDUCTION FACILITY;
(o) has impersonated another licensee or another funeral firm of a
like or different name; [or]
(p) has failed to comply with requirements set forth in section four
hundred fifty-three of the general business law, relating to moneys paid
in connection with agreements for funeral merchandise in advance of need
to be kept on deposit pending use or repayment except, that revocation
and suspension shall apply only in the case where a funeral director or
funeral firm has committed repeated violations of these provisions or
has committed a violation of the provisions of section four hundred
fifty-three of the general business law relating to failure to deposit
or hold moneys on deposit; failure to return such moneys and interest
thereon upon demand or upon the termination, cessation of operation or
discontinuance of any funeral firm, or a successor in interest; or fail-
ure to comply with the requirements of paragraph (b) of subdivision five
of section four hundred fifty-three of the general business law regard-
ing compliance by transferors who receive such moneys[.]; OR
(Q) HAS FAILED, IN THE OPERATION OF A NATURAL ORGANIC REDUCTION FACIL-
ITY, TO PROPERLY IDENTIFY AND TRACK REMAINS THROUGHOUT THE NATURAL
ORGANIC REDUCTION PROCESS; OR
(R) HAS FAILED TO COMPLY WITH REQUIREMENTS SET FORTH IN SECTION ELEVEN
HUNDRED SIX OF THE GENERAL BUSINESS LAW.
§ 11. Subdivision 1 of section 4202 of the public health law, as added
by chapter 903 of the laws of 1981, is amended to read as follows:
1. Every body delivered to a cemetery for cremation OR NATURAL ORGANIC
REDUCTION OR TO A NATURAL ORGANIC REDUCTION FACILITY shall be accompa-
S. 4008 52 A. 3008
nied by a statement from a physician, coroner, or medical examiner
certifying that such body does not contain a battery [or], power cell,
RADIOLOGICAL IMPLANT OR RADIOLOGICAL DEVICE AND IS NOT INFECTED WITH
EBOLA, TUBERCULOSIS OR TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES. The
person in charge of a cemetery OR NATURAL ORGANIC REDUCTION FACILITY may
refuse to cremate OR NATURALLY ORGANICALLY REDUCE a body unless accompa-
nied by such statement.
§ 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that the amendments
to section 1503 of the not-for-profit corporation law made by section
two of this act and section 1518 of the not-for-profit corporation law
made by sections five and six of this act shall take effect on the same
date and in the same manner as chapter 817 of the laws of 2022, takes
effect.
PART W
Section 1. The section heading and subsections (d), (g) and (m) of
section 3411 of the insurance law are amended to read as follows:
Automobile physical damage insurance covering private passenger auto-
mobiles; standard provisions; [required] inspections; duties of insurers
and insureds.
(d) A newly issued policy shall not provide coverage for automobile
physical damage perils prior to an inspection of the automobile by the
insurer, UNLESS THE INSURER HAS WAIVED THE RIGHT TO SUCH INSPECTION
PURSUANT TO A STATEMENT OF OPERATION FILED WITH THE SUPERINTENDENT. IN
ITS STATEMENT OF OPERATION, AN INSURER MAY WAIVE THE RIGHT TO INSPECT
SOME OR ALL AUTOMOBILES. EVERY STATEMENT OF OPERATION SHALL TAKE EFFECT
UPON ITS FILING WITH THE SUPERINTENDENT AND MAY COVER SOME OR ALL AUTO-
MOBILES.
(g) If an automobile subject to the provisions of this section is
acquired by the insured as a replacement for or an addition to an auto-
mobile insured for physical damage coverage, and the insured requests
physical damage coverage for the replacement or additional automobile,
such coverage for physical damage shall not be effective before such
inspection is made, UNLESS THE INSURER HAS WAIVED THE RIGHT TO SUCH AN
INSPECTION PURSUANT TO A STATEMENT OF OPERATION FILED WITH THE SUPER-
INTENDENT. If, at the time of the request for such coverage, the automo-
bile is unavailable for inspection because of conditions of purchase or
other circumstances and is thereafter made available for inspection, the
insurer shall promptly inspect the automobile, and physical damage
coverage shall not become effective before the inspection has been made.
(m) (1) The superintendent, in regulations implementing the provisions
of this section, shall also require that insurers take appropriate
action to ensure that there is wide public dissemination of the
provisions of this section relating to the rights and obligations of
insureds and insurers.
(2) The inspections provided for in this section may be dispensed with
or deferred BY AN INSURER under circumstances specified IN THEIR STATE-
MENT OF OPERATION FILED WITH THE SUPERINTENDENT OR in regulations of the
superintendent. Such circumstances may include but are not limited to,
the insuring of a new automobile, the insuring of an automobile whose
inspection would constitute a serious hardship to the insurer, the
insured or an applicant for insurance, and the insuring of an automobile
for a limited specified period of time.
S. 4008 53 A. 3008
(3) Inspections made pursuant to this section shall be made at
locations and times reasonably convenient to the insured. The results of
any inspection may be considered in determining the value of the automo-
bile.
§ 2. 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 Octo-
ber 1, 2027. 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 X
Section 1. Subdivision 3 of section 103-a of the public officers law,
as added by section 2 of part WW of chapter 56 of the laws of 2022, is
amended to read as follows:
3. The in person participation requirements of paragraph (c) of subdi-
vision two of this section shall not apply TO (A) PUBLIC BODIES ORGAN-
IZED FOR THE EXPRESS PURPOSE OF PERFORMING A GOVERNMENTAL FUNCTION
RELATED TO ISSUES SPECIFIC TO INDIVIDUALS WITH DISABILITIES, OR (B)
during a state disaster emergency declared by the governor pursuant to
section twenty-eight of the executive law IF THE PUBLIC BODY DETERMINES
THAT THE CIRCUMSTANCES NECESSITATING THE EMERGENCY DECLARATION WOULD
AFFECT OR IMPAIR THE ABILITY OF THE PUBLIC BODY TO HOLD AN IN PERSON
MEETING, or (C) DURING a local state of emergency proclaimed by the
chief executive of a county, city, village or town pursuant to section
twenty-four of the executive law, if the public body determines that the
circumstances necessitating the emergency declaration would affect or
impair the ability of the public body to hold an in person meeting,
PROVIDED THAT FOR MEETINGS CONDUCTED PURSUANT TO PARAGRAPH (A), (B), OR
(C) OF THIS SUBDIVISION, THE PUBLIC SHALL HAVE THE ABILITY TO VIEW OR
LISTEN TO SUCH PROCEEDING AND THAT SUCH MEETINGS ARE RECORDED AND LATER
TRANSCRIBED.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 103-a of the public officers
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
PART Y
Section 1. Subdivision 11 of section 400 of the general business law,
as added by chapter 80 of the laws of 2015, is amended to read as
follows:
11. "Trainee" means a person pursuing in good faith a course of study
in the practice of nail specialty OR COSMETOLOGY under the tutelage,
supervision and direction of a licensed [nail] practitioner OF THE SAME
LICENSE TYPE, AS HEREIN DEFINED. Such trainee shall be employed by a
licensed appearance enhancement business.
§ 2. Paragraph f of subdivision 1 of section 406 of the general busi-
ness law is REPEALED.
§ 3. Paragraph b of subdivision 2 of section 406 of the general busi-
ness law, as amended by chapter 341 of the laws of 1998, is amended to
read as follows:
b. Each such application shall also be accompanied by satisfactory
evidence of having taken and passed the appropriate examination or exam-
inations offered by the secretary pursuant to this article for the
S. 4008 54 A. 3008
license sought and EITHER: (I) evidence of the successful completion of
an approved course of study in nail specialty, waxing, natural hair
styling, esthetics or cosmetology in a school duly licensed pursuant to
the education law; (II) IN THE CASE OF A NAIL SPECIALTY TRAINEE, SATIS-
FACTORY EVIDENCE TO THE SECRETARY THAT SUCH TRAINEE HAS EITHER BEEN
ACTIVELY ENGAGED IN A TRAINEESHIP FOR A PERIOD OF ONE YEAR AND HAS
COMPLETED A COURSE OF STUDY SET FORTH BY THE SECRETARY OR HAS BEEN
ACTIVELY ENGAGED IN A TRAINEESHIP FOR A PERIOD OF TWO YEARS; OR (III) IN
THE CASE OF A COSMETOLOGY TRAINEE, SATISFACTORY EVIDENCE TO THE SECRE-
TARY THAT SUCH TRAINEE HAS BEEN ACTIVELY ENGAGED IN A TRAINEESHIP FOR A
PERIOD OF TWO YEARS.
§ 4. Subdivisions 2 and 3 of section 408-a of the general business
law, as added by chapter 80 of the laws of 2015, are amended to read as
follows:
2. A certificate of registration as a trainee shall be for a period of
[one year] FOUR YEARS, renewable for [a second year] AN ADDITIONAL PERI-
OD OF FOUR YEARS, and may be renewed for additional terms within the
discretion of the secretary.
3. Each certificate of registration issued as provided in this section
shall be posted in a conspicuous place in the appearance enhancement
business in which the trainee is actually engaged [in the practice of
nail specialty] as a trainee.
§ 5. Subdivision 1 of section 437 of the general business law, as
amended by chapter 243 of the laws of 1999, is amended to read as
follows:
1. Each applicant for a certificate of registration as an apprentice
shall make an application which shall include the physician's certif-
icate required by paragraph (c) [and the certificate of completion
required by paragraph (e-1) of subdivision one] of section four hundred
thirty-four, two recent photographs, and which certificate shall contain
such other information required by such section and in such form as the
secretary of state may prescribe.
§ 6. 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 by the secretary of state
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART Z
Section 1. Paragraph (b) of subdivision 1 of section 7 of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by chapter 166 of the
laws of 2021, is amended to read as follows:
(b) The agency shall not issue hospital and nursing home project bonds
and hospital and nursing home project notes in an aggregate principal
amount exceeding [seventeen] EIGHTEEN billion [four] TWO hundred million
dollars, excluding hospital and nursing home project bonds and hospital
and nursing home project notes issued to refund outstanding hospital and
nursing home projects bonds and hospital and nursing home project notes;
provided, however, that upon any such refunding or repayment the total
aggregate principal amount of outstanding bonds, notes or other obli-
gations may be greater than [seventeen] EIGHTEEN billion [four] TWO
hundred million dollars only if the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
to be issued shall not exceed the present value of the aggregate debt
S. 4008 55 A. 3008
service of the bonds, notes or other obligations so to be refunded or
repaid. For purposes hereof, the present values of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
and of the aggregate debt service of the bonds, notes or other obli-
gations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the agency including estimated accrued interest from the
sale thereof. The agency shall not issue hospital and nursing home
project bonds at any time secured by the hospital and nursing home capi-
tal reserve fund if upon issuance, the amount in the hospital and nurs-
ing home capital reserve fund will be less than the hospital and nursing
home capital reserve fund requirement, unless the agency, at the time of
issuance of such bonds, shall deposit in such reserve fund from the
proceeds of the bonds so to be issued, or otherwise, an amount which
together with the amount then in such reserve fund, will be not less
than the hospital and nursing home capital reserve fund requirement.
§ 2. This act shall take effect immediately.
PART AA
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 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 DESIGNED
AND EXECUTED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT,
TRANSPORTATION, AND COMMUNITY PROJECTS, 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 RECIPIENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD
GRANT PROGRAM DESIGNED AND EXECUTED 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 RECIPI-
ENT WAS AWARDED SUCH GRANT.
§ 2. 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 DESIGNED
AND EXECUTED BY THE DEPARTMENT OF STATE AND THE DIVISION OF HOUSING AND
COMMUNITY RENEWAL FOR TRANSFORMATIVE HOUSING, ECONOMIC DEVELOPMENT,
TRANSPORTATION, AND COMMUNITY PROJECTS, FOR THE PLANNING, DESIGN,
CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, RENOVATION, DEVELOPMENT,
S. 4008 56 A. 3008
EXPANSION, FURNISHING, AND EQUIPPING OF SUCH TRANSFORMATIVE HOUSING,
ECONOMIC DEVELOPMENT, TRANSPORTATION AND COMMUNITY PROJECTS FOR WHICH
THE RECIPIENT RECEIVED SUCH LOANS OR GRANTS; AND (II) THE NY FORWARD
GRANT PROGRAM DESIGNED AND EXECUTED 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 RECIPI-
ENT WAS AWARDED SUCH GRANT.
§ 3. This act shall take effect immediately.
PART BB
Section 1. Section 2 of chapter 97 of the laws of 2019 amending the
public authorities law, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire July 1,
[2023] 2027 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART CC
Section 1. The article heading of article 21 of the economic develop-
ment law, as added by section 1 of part A of chapter 68 of the laws of
2013, is amended to read as follows:
[START-UP NY] EPIC PROGRAM
§ 2. Section 430 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013, is amended to read as
follows:
§ 430. Short title. This article shall be known and may be cited as
the "[SUNY Tax-free Areas to Revitalize and Transform UPstate New York]
EXTENDED PROSPERITY AND INNOVATION CAMPUS program," or the "[START-UP
NY] EPIC program".
§ 3. Subdivisions 5, 6, 7, 10, 12, 13 and 15 of section 431 of the
economic development law, as added by section 1 of part A of chapter 68
of the laws of 2013, paragraph (c) of subdivision 6 as amended by
section 3 of part S of chapter 59 of the laws of 2014 and subdivision 15
as added by section 1 of part B of chapter 60 of the laws of 2015, are
amended to read as follows:
5. "Net new job" means a job created in [a tax-free NY area] AN EPIC
ZONE that satisfies all of the following criteria:
(a) is new to the state;
(b) has not been transferred from employment with another business
located in this state, through an acquisition, merger, consolidation or
other reorganization of businesses or the acquisition of assets of
another business, or except as provided in paragraph (d) of subdivision
six of this section has not been transferred from employment with a
related person in this state;
(c) is not filled by an individual employed within the state within
the immediately preceding sixty months by a related person;
(d) is either a full-time wage-paying job or equivalent to a full-time
wage-paying job requiring at least thirty-five hours per week; and
(e) is filled for more than six months.
6. "New business" means a business that satisfies all of the following
tests:
S. 4008 57 A. 3008
(a) the business must not be operating or located within the state at
the time it submits its application to participate in the [START-UP NY]
EPIC program;
(b) the business must not be moving existing jobs into the [tax-free
NY area] EPIC ZONE from another area in the state;
(c) the business is not substantially similar in operation and in
ownership to a business entity (or entities) taxable, or previously
taxable within the last five taxable years, under section one hundred
eighty-three or one hundred eighty-four, former section one hundred
eighty-five or former section one hundred eighty-six of the tax law,
article nine-A, thirty-two or thirty-three of the tax law, article twen-
ty-three of the tax law or which would have been subject to tax under
such article twenty-three (as such article was in effect on January
first, nineteen hundred eighty), or the income (or losses) of which is
(or was) includable under article twenty-two of the tax law; and
(d) the business must not have caused individuals to transfer from
existing employment with a related person located in the state to simi-
lar employment with the business, unless such business has received
approval for such transfers from the commissioner after demonstrating
that the related person has not eliminated those existing positions.
7. "[Tax-free NY area] EXTENDED PROSPERITY AND INNOVATION CAMPUS ZONE"
OR "EPIC ZONE" means the land or vacant space of a university or college
that meets the eligibility criteria specified in section four hundred
thirty-two of this article and that has been approved as [a tax-free NY
area] AN EPIC ZONE pursuant to the provisions in section four hundred
thirty-five of this article. It also means a strategic state asset that
has been approved by the [START-UP NY] EPIC approval board pursuant to
the provisions of subdivision four of section four hundred thirty-five
of this article.
10. "[START-UP NY] EPIC approval board" or "board" means a board
consisting of three members, one each appointed by the governor, the
speaker of the assembly and the temporary president of the senate. Each
member of the [START-UP NY] EPIC approval board must have significant
expertise and experience in academic based economic development and may
not have a personal interest in any project that comes before the board.
12. "Eligible land" means land eligible pursuant to section four
hundred thirty-two of this article for approval as [a tax-free NY area]
AN EPIC ZONE.
13. "Sponsoring campus, university or college" means a university or
college that has received approval to sponsor [a tax-free NY area] AN
EPIC ZONE pursuant to section four hundred thirty-five of this article.
15. "[START-UP NY] EPIC airport facility" means vacant land or space
owned by the state of New York on the premises of Stewart Airport or
Republic Airport.
§ 4. Subparagraph (iii) of paragraph (a), paragraph (b) and subpara-
graph (ii) of paragraph (c) of subdivision 1, subparagraph (iii) of
paragraph (a), paragraph (b) and the opening paragraph of paragraph (c)
of subdivision 2 and subdivision 3 of section 432 of the economic devel-
opment law, as added by section 1 of part A of chapter 68 of the laws of
2013, are amended to read as follows:
(iii) for a state university campus or community college, a total of
two hundred thousand square feet of vacant land or vacant building space
that, except as provided under paragraph (b) of this subdivision, is
located within one mile of a campus of the state university campus or
community college; [provided that this subparagraph shall not apply to a
S. 4008 58 A. 3008
state university campus or community college located in Nassau county,
Suffolk county or Westchester county;] and
(b) A state university campus or community college which qualifies
under subparagraph (iii) of paragraph (a) of this subdivision may apply
to the commissioner for a determination that identified vacant land or
identified vacant space in a building that is located more than one mile
from its campus, [and is not located in Nassau county, Suffolk county,
Westchester county or New York city,] is eligible land for purposes of
this program. The commissioner shall give consideration to factors
including rural, suburban and urban geographic considerations and may
qualify the identified land or space in a building as eligible land if
the commissioner, in consultation with the chancellor or his or her
designee, determines that the state university campus or community
college has shown that the use of the land or space will be consistent
with the requirements of this program and the plan submitted by the
state university campus or community college pursuant to section four
hundred thirty-five of this article. In addition, two hundred thousand
square feet of vacant land or vacant building space affiliated with or
in partnership with Maritime College shall be eligible under this para-
graph. The aggregate amount of qualified land or space under this para-
graph and subparagraph (iii) of paragraph (a) of this subdivision may
not exceed two hundred thousand square feet for a state university
campus or community college.
(ii) a community college[, except that for a community college whose
main campus is in New York city, paragraphs (a) and (b) of this subdivi-
sion shall not apply to property of such community college in Nassau
county, Suffolk county, Westchester county or New York city].
(iii) any vacant land or vacant space in a building [which is not]
located in [Nassau county, Suffolk county, Westchester county or] New
York [city] STATE; and
(b) Subject to the limitations in paragraph (c) of this subdivision,
three million square feet is the maximum aggregate amount of [tax-free
NY areas] EPIC ZONES of private universities and colleges that may be
utilized for this program, which shall be designated in a manner that
ensures regional balance and balance among eligible rural, urban and
suburban areas in the state. The commissioner shall maintain an account-
ing of the vacant land and space of private universities and colleges
that have been approved as [tax-free NY areas] EPIC ZONES and shall stop
accepting applications for approval of [tax-free NY areas] EPIC ZONES
when that maximum amount has been reached.
Of the maximum aggregate amount in paragraph (b) of this subdivision,
an initial amount of seventy-five thousand square feet shall be desig-
nated as [tax-free NY areas] EPIC ZONES in each of the following:
Nassau county, Suffolk county, Westchester county and the boroughs of
Brooklyn, Bronx, Manhattan, Queens and Staten Island. The board may
approve the designation of up to an additional seventy-five thousand
square feet for any county or borough that reaches the initial seventy-
five thousand square foot limit, provided that such additional seventy-
five thousand square feet shall not count against the square footage
limitations in paragraph (b) of this subdivision. Vacant land and vacant
space in a building on the campus of the following shall be eligible for
designation under this paragraph:
3. Prohibition. A state university campus, community college or city
university campus is prohibited from relocating or eliminating any
academic programs, any administrative programs, offices, housing facili-
ties, dining facilities, athletic facilities, or any other facility,
S. 4008 59 A. 3008
space or program that actively serves students, faculty or staff in
order to create vacant land or space to be utilized for the program
authorized by this article. In addition, nothing in this article shall
be deemed to waive or impair any rights or benefits of employees of the
state university of New York, a community college or the city university
of New York that otherwise would be available to them pursuant to the
terms of agreements between the certified representatives of such
employees and their employers pursuant to article fourteen of the civil
service law. No services or work currently performed by public employees
of the state university of New York, a community college, or the city
university of New York or future work that is similar in scope and
nature to the work being currently performed by public employees shall
be contracted out or privatized by the state university of New York, a
community college or the city university of New York or by an affiliated
entity or associated entity of the state university of New York, a
community college or the city university of New York. For the purpose of
this section, an affiliated entity or associated entity shall not
include a business that is participating in the [START-UP NY] EPIC
program.
§ 5. Section 433 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013 and subdivision 1 as
amended by section 3 of part UUU of chapter 59 of the laws of 2017, is
amended to read as follows:
§ 433. Eligibility criteria for businesses. 1. In order to participate
in the [START-UP NY] EPIC program, a business must satisfy all of the
following criteria.
(a) The mission and activities of the business must align with or
further the academic mission of the campus, college or university spon-
soring the [tax-free NY area] EPIC ZONE in which it seeks to locate, and
the business's participation in the [START-UP NY] EPIC program must have
positive community and economic benefits.
(b) The business must demonstrate that it will, in its first year of
operation, create net new jobs. After its first year of operation, the
business must maintain net new jobs. In addition, the average number of
employees of the business and its related persons in the state during
the year must equal or exceed the sum of: (i) the average number of
employees of the business and its related persons in the state during
the year immediately preceding the year in which the business submits
its application to locate in a [tax-free NY area] EPIC ZONE; and (ii)
net new jobs of the business in the [tax-free NY area] EPIC ZONE during
the year. The average number of employees of the business and its
related persons in the state shall be determined by adding together the
total number of employees of the business and its related persons in the
state on March thirty-first, June thirtieth, September thirtieth and
December thirty-first and dividing the total by the number of such dates
occurring within such year.
(c) Except as provided in paragraphs (f) and (g) of this subdivision,
at the time it submits its application for the [START-UP NY] EPIC ZONE
program, the business must be a new business to the state.
(d) The business may be organized as a corporation, a partnership,
limited liability company or a sole proprietorship.
(e) Except as provided in paragraphs (f) and (g) of this subdivision,
the business must not be engaged in a line of business that is currently
or was previously conducted by the business or a related person in the
last five years in New York state.
S. 4008 60 A. 3008
(f) If a business does not satisfy the eligibility standard set forth
in paragraph (c) or (e) of this subdivision, because at one point in
time it operated in New York state but moved its operations out of New
York state on or before June first, two thousand thirteen, the commis-
sioner shall grant that business permission to apply to participate in
the [START-UP NY] EPIC ZONE program if the commissioner determines that
the business has demonstrated that it will substantially restore the
jobs in New York state that it previously had moved out of state.
(g) If a business seeks to expand its current operations in New York
state into [a tax-free NY area] AN EPIC ZONE but the business does not
qualify as a new business because it does not satisfy the criteria in
paragraph (c) of subdivision six of section four hundred thirty-one of
this article or the business does not satisfy the eligibility standard
set forth in paragraph (e) of this subdivision, the commissioner shall
grant the business permission to apply to participate in the [START-UP
NY] EPIC program if the commissioner determines that the business has
demonstrated that it will create net new jobs in the [tax-free NY area]
EPIC ZONE and that it or any related person has not eliminated any jobs
in the state in connection with this expansion.
2. The following types of businesses are prohibited from participating
in the [START-UP NY] EPIC program.
(a) retail and wholesale businesses;
(b) restaurants;
(c) real estate brokers;
(d) law firms;
(e) medical or dental practices;
(f) real estate management companies;
(g) hospitality;
(h) finance and financial services;
(i) businesses providing personal services;
(j) businesses providing business administrative or support services,
unless such business has received permission from the commissioner to
apply to participate in the [START-UP NY] EPIC program upon demon-
stration that the business would create no fewer than one hundred net
new jobs in the [tax-free NY area] EPIC ZONE;
(k) accounting firms;
(l) businesses providing utilities; and
(m) businesses engaged in the generation or distribution of electric-
ity, the distribution of natural gas, or the production of steam associ-
ated with the generation of electricity.
[2-a. Additional eligibility requirements in Nassau county, Suffolk
county, Westchester county and New York city. In order to be eligible to
participate in the START-UP NY program in Nassau county, Suffolk county,
Westchester county or New York city, a business must be:
(a) in the formative stage of development; or
(b) engaged in the design, development, and introduction of new
biotechnology, information technology, remanufacturing, advanced materi-
als, processing, engineering or electronic technology products and/or
innovative manufacturing processes, and meet such other requirements for
a high-tech business as the commissioner shall develop.]
3. A business must be in compliance with all worker protection and
environmental laws and regulations. In addition, a business may not owe
past due federal or state taxes or local property taxes.
4. Any business that has successfully completed residency in a New
York state incubator pursuant to section sixteen-v of section one of
chapter one hundred seventy-four of the laws of nineteen hundred sixty-
S. 4008 61 A. 3008
eight constituting the urban development corporation act, subject to
approval of the commissioner, may apply to participate in the [START-UP
NY] EPIC program provided that such business locates in [a tax-free NY
area] AN EPIC ZONE, notwithstanding the fact that the business may not
constitute a new business.
§ 6. Section 434 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013, is amended to read as
follows:
§ 434. Tax benefits. 1. A business that is accepted into the [START-UP
NY] EPIC program and locates in [a tax-free NY area] AN EPIC ZONE or the
owner of a business that is accepted into the [START-UP NY] EPIC program
and locates in [a tax-free NY area] AN EPIC ZONE is eligible for the tax
benefits specified in section thirty-nine of the tax law. Subject to the
limitations of subdivision two of this section, employees of such busi-
ness satisfying the eligibility requirements specified in section thir-
ty-nine of the tax law shall be eligible for the personal income tax
benefits described in such section in a manner to be determined by the
department of taxation and finance.
2. The aggregate number of net new jobs approved for personal income
tax benefits under this article shall not exceed ten thousand jobs per
year during the period in which applications are accepted pursuant to
section four hundred thirty-six of this article. The commissioner shall
allocate to each business accepted to locate in [a tax-free NY area] AN
EPIC ZONE a maximum number of net new jobs that shall be eligible for
the personal income tax benefits described in subdivision (e) of section
thirty-nine of the tax law based on the schedule of job creation
included in the application of such business. At such time as the total
number of net new jobs under such approved applications reaches the
applicable allowable total of aggregate net new jobs for tax benefits
for the year in which the application is accepted, the commissioner
shall stop granting eligibility for personal income tax benefits for net
new jobs until the next year. Any business not granted such personal
income tax benefits for net new jobs for such reason shall be granted
such benefits in the next year prior to the consideration of new appli-
cants. In addition, if the total number of net new jobs approved for tax
benefits in any given year is less than the maximum allowed under this
subdivision, the difference shall be carried over to the next year. A
business may amend its schedule of job creation in the same manner that
it applied for participation in the [START-UP NY] EPIC program, and any
increase in eligibility for personal income tax benefits on behalf of
additional net new jobs shall be subject to the limitations of this
subdivision. If the business accepted to locate in [a tax-free NY area]
AN EPIC ZONE creates more net new jobs than for which it is allocated
personal income tax benefits, the personal income tax benefits it is
allocated shall be provided to those individuals employed in those net
new jobs based on the employees' dates of hiring.
§ 7. Section 435 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013 and subdivision 4 as
amended by section 2 of part B of chapter 60 of the laws of 2015, is
amended to read as follows:
§ 435. Approval of [tax-free NY areas] EPIC ZONES. 1. The president
or chief executive officer of any state university campus, community
college or city university campus seeking to sponsor [a tax-free NY
area] AN EPIC ZONE and have some of its eligible land specified under
subdivision one of section four hundred thirty-two of this article be
designated as [a tax-free NY area must] AN EPIC ZONE SHALL submit a plan
S. 4008 62 A. 3008
to the commissioner that specifies the land or space the campus or
college wants to include, describes the type of business or businesses
that may locate on that land or in that space, explains how those types
of businesses align with or further the academic mission of the campus
or college and how participation by those types of businesses in the
[START-UP NY] EPIC program would have positive community and economic
benefits, and describes the process the campus or college will follow to
select participating businesses. At least thirty days prior to submit-
ting such plan, the campus or college must provide the municipality or
municipalities in which the proposed [tax-free NY area] EPIC ZONE is
located, local economic development entities, the applicable campus or
college faculty senate, union representatives and the campus student
government with a copy of the plan. In addition, if the plan of the
campus or college includes land or space located outside of the campus
boundaries, the campus or college must consult with the municipality or
municipalities in which such land or space is located prior to including
such space or land in its proposed [tax-free NY area] EPIC ZONE and
shall give preference to underutilized properties. Before approving or
rejecting the plan submitted by a state university campus, community
college or city university campus, the commissioner shall consult with
the chancellor of the applicable university system or his or her desig-
nee.
2. The president or chief executive officer of any private college or
university or of any state university campus, community college or city
university campus seeking to sponsor [a tax-free NY area] AN EPIC ZONE
and have some of its eligible land specified under subdivision two of
section four hundred thirty-two of this article be designated as [a
tax-free NY area must] AN EPIC ZONE SHALL submit a plan to the commis-
sioner that specifies the land or space the college or university wants
to include, describes the type of business or businesses that may locate
on that land or in that space, explains how those types of businesses
align with or further the academic mission of the college or university
and how participation by those types of businesses in the [START-UP NY]
EPIC program would have positive community and economic benefits, and
describes the process the campus or college will follow to select
participating businesses. In addition, if the plan of the campus or
college includes land or space located outside of the campus boundaries,
the campus or college must consult with the municipality or munici-
palities in which such land or space is located prior to including such
space or land in its proposed [tax-free NY area] EPIC ZONE and shall
notify local economic development entities. The commissioner shall
forward the plan submitted under this subdivision to the [START-UP NY]
EPIC approval board. In evaluating such plans, the board shall examine
the merits of each proposal, including but not limited to, compliance
with the provisions of this article, reasonableness of the economic and
fiscal assumptions contained in the application and in any supporting
documentation and potential of the proposed project to create new jobs,
and, except for proposals for designation of eligible land under para-
graph (c) of subdivision two of section four hundred thirty-two of this
article, shall prioritize for acceptance and inclusion into the [START-
UP NY] EPIC program plans for [tax-free NY areas] EPIC ZONES in counties
that contain a city with a population of one hundred thousand or more
without a university center as defined in subdivision seven of section
three hundred fifty of the education law on the effective date of this
article. No preference shall be given based on the time of submission of
the plan, provided that any submission deadlines established by the
S. 4008 63 A. 3008
board are met. In addition, the board shall give preference to private
colleges or universities that include underutilized properties within
their proposed [tax-free NY areas] EPIC ZONES. The board by a majority
vote shall approve or reject each plan forwarded to it by the commis-
sioner.
3. A campus, university or college may amend its approved plan,
provided that the campus, university or college may not violate the
terms of any lease with a business located in the approved [tax-free NY
area] EPIC ZONE. In addition, if a business located in [a tax-free NY
area] AN EPIC ZONE does not have a lease with a campus, university or
college, and such business is terminated from the [START-UP NY] EPIC
program pursuant to paragraph (b) of subdivision four of section four
hundred thirty-six of this article, and subsequently does not relocate
outside of the [tax-free NY area] EPIC ZONE, a campus, university or
college may amend its approved plan to allocate an amount of vacant land
or space equal to the amount of space occupied by the business that is
terminated. The amendment must be approved pursuant to the procedures
and requirements set forth in subdivision one or two of this section,
whichever is applicable.
4. The [START-UP NY] EPIC approval board, by majority vote, shall
designate correctional facilities described in subdivision fourteen of
section four hundred thirty-one of this article, [START-UP NY] EPIC
airport facilities described in subdivision fifteen of section four
hundred thirty-one of this article and up to twenty strategic state
assets as [tax-free NY areas] EPIC ZONES. Each shall be affiliated with
a state university campus, city university campus, community college, or
private college or university and such designation shall require the
support of the affiliated campus, college or university. Each strategic
state asset and [START-UP NY] EPIC airport facility, other than a
correctional facility, may not exceed a maximum of two hundred thousand
square feet of vacant land or vacant building space designated as [a
tax-free NY area] AN EPIC ZONE. Designation of strategic state assets,
correctional facilities described in subdivision fourteen of section
four hundred thirty-one of this article, and [START-UP NY] EPIC airport
facilities described in subdivision fifteen of section four hundred
thirty-one of this article as [tax-free NY areas] EPIC ZONES shall not
count against any square footage limitations in section four hundred
thirty-two of this article.
5. The commissioner shall promulgate regulations to effectuate the
purposes of this section, including, but not limited to, establishing
the process for the plan submissions and approvals of [tax-free NY
areas] EPIC ZONES and the eligibility criteria that will be applied in
evaluating those plans.
§ 8. Section 436 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013 and subdivision 1 as
amended by section 1 of part KKK of chapter 58 of the laws of 2020, is
amended to read as follows:
§ 436. Businesses locating in [tax-free NY areas] EPIC ZONES. 1. A
campus, university or college that has sponsored [a tax-free NY area] AN
EPIC ZONE (including any strategic state asset affiliated with the
campus, university or college) shall solicit and accept applications
from businesses to locate in such area that are consistent with the plan
of such campus, university or college or strategic state asset that has
been approved pursuant to section four hundred thirty-five of this arti-
cle. Any business that wants to locate in [a tax-free NY area must] AN
EPIC ZONE SHALL submit an application to the campus, university or
S. 4008 64 A. 3008
college which is sponsoring the [tax-free NY area] EPIC ZONE by December
thirty-first, two thousand [twenty-five] THIRTY. Prior to such date, the
commissioner shall prepare an evaluation on the effectiveness of the
[START-UP NY] EPIC program and deliver it to the governor and the legis-
lature to determine continued eligibility for application submissions.
2. (a) The sponsoring campus, university or college shall provide the
application and all supporting documentation of any business it decides
to accept into its [tax-free NY area] EPIC ZONE to the commissioner for
review. Such application shall be in a form prescribed by the commis-
sioner and shall contain all information the commissioner determines is
necessary to properly evaluate the business's application, including,
but not limited to, the name, address, and employer identification
number of the business; a description of the land or space the business
will use, the terms of the lease agreement, if applicable, between the
sponsoring campus, university or college and the business, and whether
or not the land or space being used by the business is being transferred
or sublet to the business from some other business. The application must
include a certification by the business that it meets the eligibility
criteria specified in section four hundred thirty-three of this article
and will align with or further the academic mission of the sponsoring
campus, college or university, and that the business's participation in
the [START-UP NY] EPIC program will have positive community and economic
benefits. The application must also describe whether or not the busi-
ness competes with other businesses in the same community but outside
the [tax-free NY area] EPIC ZONE. In addition, the application must
include a description of how the business plans to recruit employees
from the local workforce.
(b) The commissioner shall review such application and documentation
within sixty days and may reject such application upon a determination
that the business does not meet the eligibility criteria in section four
hundred thirty-three of this article, has submitted an incomplete appli-
cation, has failed to comply with subdivision three of this section, or
has failed to demonstrate that the business's participation in the
[START-UP NY] EPIC program will have positive community and economic
benefits, which shall be evaluated based on factors including but not
limited to whether or not the business competes with other businesses in
the same community but outside the [tax-free NY area] EPIC ZONE as
prohibited by section four hundred forty of this article. If the commis-
sioner rejects such application, it shall provide notice of such
rejection to the sponsoring campus, university or college and business.
If the commissioner does not reject such application within sixty days,
such business is accepted to locate in such [tax-free NY area] EPIC
ZONE, and the application of such business shall constitute a contract
between such business and the sponsoring campus, university or college.
The sponsoring campus, university or college must provide accepted busi-
nesses with documentation of their acceptances in such form as
prescribed by the commissioner of taxation and finance which will be
used to demonstrate such business's eligibility for the tax benefits
specified in section thirty-nine of the tax law.
(c) If a state university campus proposes to enter into a lease with a
business for eligible land in [a tax-free NY area] AN EPIC ZONE with a
term greater than forty years, including any options to renew, or for
eligible land in [a tax-free NY area] AN EPIC ZONE of one million or
more square feet, the state university campus, at the same time as the
application is provided to the commissioner, also must submit the lease
for review to the [START-UP NY] EPIC approval board. If the board does
S. 4008 65 A. 3008
not disapprove of the lease terms within thirty days, the lease is
deemed approved. If the board disapproves the lease terms, the state
university campus must submit modified lease terms to the commissioner
for review. The commissioner's sixty day review period is suspended
while the board is reviewing the lease and during the time it takes for
the state university campus to modify the lease terms.
(d) Except as otherwise provided in this article, proprietary informa-
tion or supporting documentation submitted by a business to a sponsoring
campus, university or college shall only be utilized for the purpose of
evaluating such business's application or compliance with the provisions
of this article and shall not be otherwise disclosed. Any person who
willfully discloses such information to a third party for any other
purpose whatsoever shall be guilty of a misdemeanor.
3. The business submitting the application, as part of the applica-
tion, must:
(a) agree to allow the department of taxation and finance to share its
tax information with the department and the sponsoring campus, universi-
ty or college;
(b) agree to allow the department of labor to share its tax and
employer information with the department and the sponsoring campus,
university or college;
(c) allow the department and its agents and the sponsoring campus,
university or college access to any and all books and records the
department or sponsoring campus, university or college may require to
monitor compliance;
(d) include performance benchmarks, including the number of net new
jobs that must be created, the schedule for creating those jobs, and
details on job titles and expected salaries. The application must speci-
fy the consequences for failure to meet such benchmarks, as determined
by the business and the sponsoring campus, university or college: (i)
suspension of such business's participation in the [START-UP NY] EPIC
program for one or more tax years as specified in such application; (ii)
termination of such business's participation in the [START-UP NY] EPIC
program; and/or (iii) proportional recovery of tax benefits awarded
under the [START-UP NY] EPIC program as specified in section thirty-nine
of the tax law;
(e) provide the following information to the department and sponsoring
campus, university or college upon request:
(i) the prior three years of federal and state income or franchise tax
returns, unemployment insurance quarterly returns, real property tax
bills and audited financial statements;
(ii) the employer identification or social security numbers for all
related persons to the business, including those of any members of a
limited liability company or partners in a partnership;
(f) provide a clear and detailed presentation of all related persons
to the business to assure the department that jobs are not being shifted
within the state; and
(g) certify, under penalty of perjury, that it is in substantial
compliance with all environmental, worker protection, and local, state,
and federal tax laws, and that it satisfies all the eligibility require-
ments to participate in the [START-UP NY] EPIC program.
4. (a) At the conclusion of the lease term of a lease by the sponsor-
ing campus, university or college to a business of land or space in [a
tax-free NY area] AN EPIC ZONE owned by the sponsoring campus, universi-
ty or college, the leased land or space and any improvements thereon
S. 4008 66 A. 3008
shall revert to the sponsoring campus, university or college, unless the
lease is renewed.
(b) If, at any time, the sponsoring campus, university or college or
the commissioner determines that a business no longer satisfies any of
the eligibility criteria specified in section four hundred thirty-three
of this article, the sponsoring campus, university or college shall
recommend to the commissioner that the commissioner terminate or the
commissioner on his or her own initiative shall immediately terminate
such business's participation in the [START-UP NY] EPIC ZONE program.
Such business shall be notified of such termination by a method which
allows for verification of receipt of such termination notice. A copy of
such termination notice shall be sent to the commissioner of taxation
and finance. Upon such termination, such business shall not be eligible
for the tax benefits specified in section thirty-nine of the tax law for
that or any future taxable year, calendar quarter or sales tax quarter,
although employees of such business may continue to claim the tax bene-
fit for their wages during the remainder of that taxable year. Further,
such lease or contract between the sponsoring campus, university or
college and such business shall be rescinded, effective on the thirtieth
day after the commissioner mailed such termination notice to such busi-
ness and the land or space and any improvements thereon shall revert to
the sponsoring campus, university or college.
5. The commissioner shall promulgate regulations to effectuate the
purposes of this section, including, but not limited to, establishing
the process for the evaluation and possible rejection of applications,
the eligibility criteria that will be applied in evaluating those appli-
cations, and the process for terminations from the [START-UP NY] EPIC
program and administrative appeals of such terminations.
§ 9. The economic development law is amended by adding a new section
436-a to read as follows:
§ 436-A. COMMISSIONER AUTHORITY TO ACT IN LIEU OF EPIC APPROVAL BOARD.
WITH RESPECT TO ITS DUTIES UNDER THIS ARTICLE, IF THE EPIC APPROVAL
BOARD'S MEMBERSHIP IS NOT COMPLETE, THE DEPARTMENT SHALL NOTIFY THE
LEGISLATURE OF THE NEED FOR APPOINTMENTS TO SUCH BOARD AND THE LEGISLA-
TURE SHALL HAVE THIRTY CALENDAR DAYS TO MAKE SUCH APPOINTMENTS. IF AFTER
THIRTY CALENDAR DAYS SUCH APPOINTMENTS HAVE NOT BEEN MADE, AND THE BOARD
IS NOT FULLY CONSTITUTED NOR ABLE TO UNDERTAKE ITS DUTIES UNDER THIS
ARTICLE, ANY AND ALL ITEMS REQUIRING BOARD APPROVAL CAN BE DECIDED UPON
BY THE COMMISSIONER AND SUCH DECISIONS SHALL BE BINDING AS IF HAVING
BEEN RENDERED BY THE EPIC APPROVAL BOARD.
§ 10. Section 437 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013, is amended to read as
follows:
§ 437. MWBE and prevailing wage requirements. 1. For prevailing wage
and minority and women-owned business enterprises requirements applica-
ble to [tax-free NY areas] EPIC ZONES on state university campuses, city
university campuses and community colleges, see section three hundred
sixty-one of the education law.
2. Any contract to which a business on a strategic state asset in [a
tax-free NY area] AN EPIC ZONE is a party, and any contract entered into
by a third party acting in place of, on behalf of and for the benefit of
the business pursuant to any lease, permit or other agreement between
such third party and the business, for the construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration,
or improvement, of a project, shall be subject to all of the provisions
of article eight of the labor law, including the enforcement of prevail-
S. 4008 67 A. 3008
ing wage requirements by the fiscal officer as defined in paragraph e of
subdivision five of section two hundred twenty of the labor law to the
same extent as a contract of the state, and shall be deemed a public
work for purposes of such article.
3. Any individual, public corporation or authority, private corpo-
ration, limited liability company or partnership or other entity enter-
ing into a contract, subcontract, lease, grant, bond, covenant or other
agreement for a project undertaken on a strategic state asset in [a
tax-free NY area] AN EPIC ZONE shall be deemed a state agency as that
term is defined in article fifteen-A of the executive law and such
contracts shall be deemed state contracts within the meaning of that
term as set forth in such article.
4. A business on a strategic state asset in [a tax-free NY area] AN
EPIC ZONE may require a contractor awarded a contract, subcontract,
lease, grant, bond, covenant or other agreement for a project to enter
into a project labor agreement pursuant to section two hundred twenty-
two of the labor law during and for the work involved with such project
when such requirement is part of the business's request for proposals
for the project and when the business determines that the record
supporting the decision to enter into such an agreement establishes that
the interests underlying the competitive bidding laws are best met by
requiring a project labor agreement including: obtaining the best work
at the lowest possible price; preventing favoritism, fraud and
corruption; the impact of delay; the possibility of cost savings; and
any local history of labor unrest.
5. For the purposes of this section "project" shall mean capital
improvement work on a strategic state asset to be subject to any lease,
transfer or conveyance, other than conveyance of title. Such capital
improvement work shall include the design, construction, reconstruction,
demolition, excavation, rehabilitation, repair, renovation, alteration
or improvement of a strategic state asset.
§ 11. Section 439 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013, is amended to read as
follows:
§ 439. Conflict of interest guidelines. 1. Each campus, university or
college participating in the [START-UP NY] EPIC program shall adopt a
conflict of interest policy. Such conflict of interest policy shall
provide, as it relates to the [START-UP NY] EPIC program: (a) as a
general principle, that service as an official of the campus, university
or college shall not be used as a means for private benefit or inurement
for the official, a relative thereof, or any entity in which the offi-
cial, or relative thereof, has a business interest; (b) no official who
is a vendor or employee of a vendor of goods or services to the campus,
university or college, or who has a business interest in such vendor, or
whose relative has a business interest in such vendor, shall vote on, or
participate in the administration by the campus, university or college,
as the case may be, of any transaction with such vendor; and (c) upon
becoming aware of an actual or potential conflict of interest, an offi-
cial shall advise the president or chief executive officer of the
campus, university or college, as the case may be, of his or her or a
relative's business interest in any such existing or proposed vendor
with the campus, university or college. Each campus, university or
college shall maintain a written record of all disclosures of actual or
potential conflicts of interest made pursuant to paragraph (c) of this
subdivision, and shall report such disclosures, on a calendar year
basis, by January thirty-first of each year, to the auditor for such
S. 4008 68 A. 3008
campus, university or college. The auditor shall forward such reports to
the commissioner, who shall make public such reports.
2. For purposes of such conflict of interest policies: (a) an official
of a campus, university or college has a "business interest" in an enti-
ty if the individual: (i) owns or controls ten percent or more of the
stock of the entity (or one percent in the case of an entity the stock
of which is regularly traded on an established securities exchange); or
(ii) serves as an officer, director or partner of the entity; (b) a
"relative" of an official of a campus, university or college shall mean
any person living in the same household as the individual and any person
who is a direct descendant of that individual's grandparents or the
spouse of such descendant; and (c) an "official" of a campus, university
or college shall mean an employee at the level of dean and above as well
as any other employee with decision-making authority over the [START-UP
NY] EPIC program.
§ 12. Section 440 of the economic development law, as added by section
1 of part A of chapter 68 of the laws of 2013, is amended to read as
follows:
§ 440. Prohibition of anti-competitive behavior. A sponsoring campus,
university or college shall not accept any application to locate in [a
tax-free NY area] AN EPIC ZONE under subdivision one of section four
hundred thirty-six of this article from a business that would compete
with other businesses in the same community but outside the [tax-free NY
area] EPIC ZONE, and the commissioner shall reject any application under
subdivision two of section four hundred thirty-six of this article upon
determining that the business would compete with other businesses in the
same community but outside the [tax-free NY area] EPIC ZONE. The
commissioner shall issue and promulgate such rules and regulations as
are necessary to implement this section.
§ 13. Section 215-d of the education law, as added by section 1 of
part Z of chapter 56 of the laws of 2014, is amended to read as follows:
§ 215-d. State university of New York report on economic development
activities. The chancellor of the state university of New York shall
report to the governor and to the legislature, on or before January
first, two thousand fifteen, on economic development activities under-
taken by the state university of New York. Such report shall include,
but not be limited to, expenditures of capital funds for economic devel-
opment activities received from the empire state development corpo-
ration, SUNY 2020 challenge grant projects, capital expenditures from
other sources, and activities for the purpose of securing [START-UP NY]
EPIC approval.
§ 14. Paragraphs a, s and z of subdivision 2 of section 355 of the
education law, paragraph a as amended by section 18, paragraph s as
amended by section 19 and paragraph z as added by section 20, of part A
of chapter 68 of the laws of 2013, are amended to read as follows:
a. To take, hold and administer on behalf of the state university or
any institution therein, real and personal property or any interest
therein and the income thereof either absolutely or in trust for any
educational or other purpose within the jurisdiction and corporate
purposes of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. The trustees may acquire property by the acceptance of conditional
gifts, grants, devises or bequests, the provisions of section eleven of
S. 4008 69 A. 3008
the state finance law notwithstanding. Where real property is to be
acquired by purchase or appropriation, such acquisition shall be in
accordance with the provisions of section three hundred seven of this
chapter except that the powers and duties in said section mentioned to
be performed by the commissioner shall be performed by the state univer-
sity trustees. The provisions of section three of the public lands law
notwithstanding, the trustees may provide for the lease of state-owned
real property under the jurisdiction of the state university that is
part of [a tax-free NY area] AN EPIC ZONE approved pursuant to article
twenty-one of the economic development law, in such manner and upon such
terms as the trustees shall determine, provided such lease is consistent
with the approved plan for such [tax-free NY area] EPIC ZONE.
s. To lease or make available to the state university construction
fund, the dormitory authority or other public benefit corporation, the
New York state teachers' retirement system, the New York state employ-
ees' retirement system, or a business that intends to locate in [a tax-
free NY area] AN EPIC ZONE approved pursuant to article twenty-one of
the economic development law, a portion of the grounds or real property
occupied by a state-operated institution or statutory or contract
college for the construction, acquisition, reconstruction, rehabili-
tation or improvement of academic buildings, dormitories or other facil-
ities thereon pursuant to article eight-A of this chapter and for the
purpose of facilitating such construction, acquisition, reconstruction,
rehabilitation or improvement, to enter into leases and agreements for
the use of any such academic building, dormitory or other facility in
accordance with the provisions of section three hundred seventy-eight of
this [chapter] TITLE; provided, however, that nothing herein contained
shall affect the provisions of any lease or agreement heretofore
executed by the state university with the dormitory authority. The state
university trustees may also enter into agreements with the state
university construction fund, the dormitory authority or other public
benefit corporation, the New York state teachers' retirement system, the
New York state employees' retirement system or any business that intends
to locate in [a tax-free NY area] AN EPIC ZONE approved pursuant to
article twenty-one of the economic development law, to furnish heat from
a central heating plant to any academic building, dormitory or other
facility erected by them or with moneys supplied by them. Any such
academic building, dormitory or other facility shall not be subject to
taxation for any purpose.
z. In connection with business/university partnerships in support of
the corporate purposes of the state university, to participate in joint
and cooperative arrangements with businesses that have located in [a
tax-free NY area] AN EPIC ZONE approved pursuant to article twenty-one
of the economic development law provided such arrangements are consist-
ent with the approved plan for such [tax-free NY area] EPIC ZONE.
§ 15. The section heading and the opening paragraph of subdivision 1
of section 361 of the education law, as added by section 21 of part A of
chapter 68 of the laws of 2013, is amended to read as follows:
[START-UP NY] EPIC program leases. Any lease or contract between a
state university campus, city university campus or community college as
defined in section four hundred thirty-one of the economic development
law and a business for the use of vacant land or vacant space owned or
leased by such state university campus, community college or city
university campus in [a tax-free NY area] AN EPIC ZONE approved pursuant
to article twenty-one of the economic development law shall provide:
S. 4008 70 A. 3008
§ 16. Subdivision 2 of section 420-a of the real property tax law, as
amended by section 17 of part A of chapter 68 of the laws of 2013, is
amended to read as follows:
2. If any portion of such real property is not so used exclusively to
carry out thereupon one or more of such purposes but is leased or other-
wise used for other purposes, such portion shall be subject to taxation
and the remaining portion only shall be exempt; provided, however, that
such real property shall be fully exempt from taxation although it or a
portion thereof is used (a) for purposes which are exempt pursuant to
this section or sections four hundred twenty-b, four hundred twenty-two,
four hundred twenty-four, four hundred twenty-six, four hundred twenty-
eight, four hundred thirty or four hundred fifty of this chapter by
another corporation which owns real property exempt from taxation pursu-
ant to such sections or whose real property if it owned any would be
exempt from taxation pursuant to such sections, (b) for purposes which
are exempt pursuant to section four hundred six or section four hundred
eight of this chapter by a corporation which owns real property exempt
from taxation pursuant to such section or if it owned any would be
exempt from taxation pursuant to such section, (c) for purposes which
are exempt pursuant to section four hundred sixteen of this chapter by
an organization which owns real property exempt from taxation pursuant
to such section or whose real property if it owned any would be exempt
from taxation pursuant to such section, (d) for purposes relating to
civil defense pursuant to the New York state defense emergency act,
including but not limited to activities in preparation for anticipated
attack, during attack, or following attack or false warning thereof, or
in connection with drill or test ordered or directed by civil defense
authorities, or (e) for purposes of [a tax-free NY area] AN EPIC ZONE
that has been approved pursuant to article twenty-one of the economic
development law, subject to the conditions that the real property must
have been owned by the corporation or association organized exclusively
for educational purposes and exempt pursuant to this section on June
first, two thousand thirteen, and that the exemption shall apply only to
the portion of such real property that is used for purposes of the
[START-UP NY] EPIC program; and provided further that such real property
shall be exempt from taxation only so long as it or a portion thereof,
as the case may be, is devoted to such exempt purposes and so long as
any moneys paid for such use do not exceed the amount of the carrying,
maintenance and depreciation charges of the property or portion thereof,
as the case may be.
§ 17. Section 39 of the tax law, as added by section 2 of part A of
chapter 68 of the laws of 2013, subdivision (c-1) as added by section 1
and paragraph 6 of subdivision (k) as amended by section 2-a of part T,
and paragraph 4 of subdivision (k) as amended by section 53 of part A of
chapter 59 of the laws of 2014, is amended to read as follows:
§ 39. Tax benefits for businesses located in [tax-free NY areas] EPIC
ZONES and employees of such businesses. (a) (1) Any business or owner of
a business in the case of a business taxed as a sole proprietorship,
partnership or New York S corporation, that is located in [a tax-free NY
area] AN EPIC ZONE approved pursuant to article twenty-one of the
economic development law is eligible for the tax benefits described in
this section. Unless otherwise specified, such business or owner of such
business shall be eligible for these tax benefits for a period of ten
consecutive taxable years, commencing with the taxable year during which
it locates in the [tax-free NY area] EPIC ZONE.
S. 4008 71 A. 3008
(2) In order to be eligible for these tax benefits during any taxable
year, calendar quarter or sales tax quarter, such business must be
approved to participate in the [START-UP NY] EPIC program, must operate
at the approved location in the [tax-free NY area] EPIC ZONE, and must
satisfy the eligibility criteria specified in paragraph (b) of subdivi-
sion one of section four hundred thirty-three of the economic develop-
ment law.
(b) [Tax-free NY area] EPIC ZONE elimination credit. Such business or
the owner of such business shall be eligible for the [tax-free NY area]
EPIC ZONE tax elimination credit described in section forty of this
article.
(c-1) Excise tax on telecommunication services. Such business or owner
of a business shall be eligible for a credit of the excise tax on tele-
communication services imposed by section one hundred eighty-six-e of
this chapter that is passed through to such business, pursuant to the
provisions referenced in subdivision (k) of this section.
(d) Metropolitan commuter transportation district mobility tax. If the
[tax-free NY area] EPIC ZONE at which such business is located is within
the metropolitan commuter transportation district (MCTD), and such busi-
ness is an employer engaged in business within the MCTD, the payroll
expense of such business at such location within the [tax-free NY area]
EPIC ZONE shall be exempt from the metropolitan commuter transportation
district mobility tax imposed under article twenty-three of this chapter
for forty consecutive calendar quarters, commencing with the calendar
quarter during which the employer locates in the [tax-free NY area] EPIC
ZONE within the MCTD. If the [tax-free NY area] EPIC ZONE at which such
business is located is within the MCTD and the owner of such business is
an individual who has net earnings from self-employment at such
location, such net earnings shall be exempt from the metropolitan commu-
ter transportation district mobility tax imposed under article twenty-
three of this chapter for ten consecutive taxable years commencing with
the taxable year during which the business locates in the [tax-free NY
area] EPIC ZONE.
(e) To the extent specified, the wages of an individual who is an
employee of such business located within [a tax-free NY area] EPIC ZONE
received from such business for employment in such [tax-free NY area] AN
EPIC ZONE shall be eligible for the benefits as provided in article
twenty-two of this chapter, the New York city personal income tax as
provided in article thirty of this chapter, the Yonkers city income tax
as provided in article thirty-A of this chapter, and the Yonkers earn-
ings tax on non-residents during the ten taxable year period for such
business specified in subdivision (a) of this section, provided the
requirements of this subdivision are satisfied.
(i) The individual when employed by such business must be engaged in
work performed exclusively at the location within the [tax-free NY area]
EPIC ZONE during the taxable year.
(ii) The individual when employed by such business must be engaged in
work at the location of such business within the [tax-free NY area] EPIC
ZONE for at least one-half of the taxable year.
(iii) Such business must be in compliance with the requirements set
forth in subdivision (a) of this section.
(iv) The individual must be employed by such business in a net new job
created by such business in the [tax-free NY area] EPIC ZONE.
(f) Sales and use tax. Such business shall be eligible for a credit or
refund for sales and use taxes imposed on the retail sale of tangible
personal property or services under subdivisions (a), (b), and (c) of
S. 4008 72 A. 3008
section eleven hundred five and section eleven hundred ten of this chap-
ter and similar taxes imposed pursuant to the authority of article twen-
ty-nine of this chapter. The credit or refund shall be allowed for one
hundred twenty consecutive months beginning with the month during which
such business locates in the [tax-free NY area] EPIC ZONE.
(g) Real estate transfer taxes. Any lease of property to such business
shall be exempt from any state or local real estate transfer tax or real
property transfer tax.
(h) (A) Notwithstanding any provision of this chapter to the contrary,
the commissioner, to the extent practicable, may disclose publicly the
names and addresses of the businesses receiving any of the tax benefits
specified in this section. In addition, the commissioner may disclose
publicly the amounts of such benefits allowed to each such business, and
whether or not a business created or maintained net new jobs during the
taxable year. With regard to the income tax exemption specified in
subdivision (e) of this section, the commissioner may publicly disclose
the aggregate amounts of such tax exemption allowed to employees. In
addition, the commissioner may publicly disclose the number of net new
jobs such business reports on its tax return or report or any other
information necessary for the commissioner of economic development or
the campus, college or university sponsoring the [tax-free NY area] EPIC
ZONE approved pursuant to article twenty-one of the economic development
law to monitor and enforce compliance with the law, rules and regu-
lations governing the [START-UP NY] EPIC program.
(B) Notwithstanding any provision of this chapter to the contrary, the
commissioner, in determining whether a business or any of its owners is
entitled to the tax benefits described in this section, may utilize and
if necessary, disclose to the commissioner of economic development,
information derived from the tax returns of such business or related
persons of such business and wage reporting information relating to any
employees of such business or its related persons.
(i) Such business shall not be allowed to claim any other tax credit
allowed under this chapter with respect to its activities or employees
in such [tax-free NY area] EPIC ZONE.
(j) If the application of a business for participation in the [START-
UP NY] EPIC program specifies that failure to meet the performance
benchmarks specified in such application shall result in proportional
recovery of tax benefits awarded under the [START-UP NY] EPIC program,
the business shall be required to reduce the total amount of tax bene-
fits described in this section that the business or its owners claimed
or received during the taxable year by the percentage reduction in net
new jobs promised by the performance benchmarks, and if the tax benefits
are reduced to an amount less than zero, those negative amounts shall be
added back as tax. The amount required to be added back shall be
reported on such business's corporate franchise tax report if such busi-
ness is taxed as a corporation or on the corporate franchise tax reports
or personal income tax returns of the owners of such business if such
business is taxed as a sole proprietorship, partnership or New York S
corporation.
(k) Cross-references. For application of the tax benefits provided for
in this section, see the following provisions of this chapter:
(1) Section 40.
(4) Article 9-A: section 210-B, subdivision 41 and subdivision 44.
(5) Article 22: section 606, subsection (i), paragraph (1), subpara-
graph (B), clause (xxxvi).
(6) Article 22: section 606, subsection (ww) and subsection (yy).
S. 4008 73 A. 3008
(7) Article 22: section 612, subsection (c), paragraph (40).
(8) Article 23: section 803.
(9) Article 28: section 1119, subdivision (d).
(10) Article 31: section 1405, subdivision (b), paragraph 11.
§ 18. The section heading and the opening paragraph of section 39-a of
the tax law, as added by section 3 of part A of chapter 68 of the laws
of 2013, is amended to read as follows:
Penalties for fraud in the [START-UP NY] EPIC program. If the commis-
sioner of economic development on his or her own initiative or on the
recommendation of a sponsoring campus, university or college finally
determines that any such business participating in the [START-UP NY]EPIC
program authorized under article twenty-one of the economic development
law has acted fraudulently in connection with its participation in such
program, such business:
§ 19. Section 40 of the tax law, as added by section 4 of part A of
chapter 68 of the laws of 2013, paragraph 1 of subdivision (c) as
amended by section 34, clause (ii) of subparagraph (B) of paragraph 2 of
subdivision (d) as amended by section 35, subparagraph (C) of paragraph
2 of subdivision (d) as amended by section 36, subparagraph (B) of para-
graph 3 of subdivision (d) as amended by section 37 and paragraph 1 of
subdivision (e) as amended by section 38 of part T of chapter 59 of the
laws of 2015, is amended to read as follows:
§ 40. The [tax-free NY area] EPIC ZONE tax elimination credit. (a)
Allowance of credit. A taxpayer that is a business or owner of a busi-
ness in the case of a business taxed as a sole proprietorship, partner-
ship or New York S corporation, that is located in [a tax-free NY area]
AN EPIC ZONE approved pursuant to article twenty-one of the economic
development law and is subject to tax under article nine-A, or twenty-
two of this chapter, shall be allowed a credit against such tax, pursu-
ant to the provisions referenced in subdivision (e) of this section, to
be computed as hereinafter provided.
(b) Amount of credit. The amount of the credit shall be the product
of: (1) the [tax-free area] EPIC ZONE allocation factor; and (2) the
tax factor.
(c) [Tax-free area] EPIC ZONE allocation factor. The [tax-free area]
EPIC ZONE allocation factor shall be the percentage representing the
business's economic presence in the [tax-free NY area] EPIC ZONE in
which the business was approved to locate pursuant to article twenty-one
of the economic development law. This percentage shall be computed by:
(1) ascertaining the percentage that the average value of the busi-
ness's real and tangible personal property, whether owned or rented to
it, in the [tax-free NY area] EPIC ZONE in which the business was
located during the period covered by the taxpayer's report or return
bears to the average value of the business's real and tangible personal
property, whether owned or rented to it, within the state during such
period; provided that the term "value of the business's real and tangi-
ble personal property" shall have the same meaning as such term has in
paragraph (a) of subdivision two of section two hundred nine-B of this
chapter; and
(2) ascertaining the percentage that the total wages, salaries and
other personal service compensation, similarly computed, during such
period of employees, except general executive officers, employed at the
business's location in the [tax-free NY area] EPIC ZONE, bears to the
total wages, salaries and other personal service compensation, similarly
computed, during such period, of all the business's employees within the
state, except general executive officers; and
S. 4008 74 A. 3008
(3) adding together the percentages so determined and dividing the
result by two.
For purposes of article twenty-two of this chapter, references in this
subdivision to property, wages, salaries and other personal service
compensation shall be deemed to be references to such items connected
with the conduct of a business.
(d) Tax factor. (1) General. The tax factor shall be, in the case of
article nine-A of this chapter, the largest of the amounts of tax deter-
mined for the taxable year under paragraphs (a) through (d) of subdivi-
sion one of section two hundred ten of such article after the deduction
of any other credits allowable under such article. The tax factor shall
be, in the case of article twenty-two of this chapter, the tax deter-
mined for the taxable year under subsections (a) through (d) of section
six hundred one of such article after the deduction of any other credits
allowable under such article.
(2) Sole proprietors, partners and S corporation shareholders. (A)
Where the taxpayer is a sole proprietor of a business located in [a
tax-free NY area] AN EPIC ZONE, the taxpayer's tax factor shall be that
portion of the amount determined in paragraph one of this subdivision
that is attributable to the income of the business at its location in
the [tax-free NY area] EPIC ZONE. Such attribution shall be made in
accordance with the ratio of the taxpayer's income from such business
allocated within the state, entering into New York adjusted gross
income, to the taxpayer's New York adjusted gross income, or in accord-
ance with such other methods as the commissioner may prescribe as
providing an apportionment that reasonably reflects the portion of the
taxpayer's tax attributable to the income of such business. In no event
may the ratio so determined exceed 1.0. The income from such business
allocated within the state shall be determined as if the sole proprietor
was a non-resident.
(B)(i) Where the taxpayer is a member of a partnership that is a busi-
ness located in [a tax-free NY area] AN EPIC ZONE, the taxpayer's tax
factor shall be that portion of the amount determined in paragraph one
of this subdivision that is attributable to the income of the partner-
ship. Such attribution shall be made in accordance with the ratio of the
partner's income from the partnership allocated within the state to the
partner's entire income, or in accordance with such other methods as the
commissioner may prescribe as providing an apportionment that reasonably
reflects the portion of the partner's tax attributable to the income of
the partnership. In no event may the ratio so determined exceed 1.0. The
income from the partnership allocated within the state shall be deter-
mined as if any of the partners was a non-resident.
(ii) For purposes of article nine-A of this chapter, the term "part-
ner's income from the partnership" means partnership items of income,
gain, loss and deduction, and New York modifications thereto, entering
into business income and the term "partner's entire income" means busi-
ness income, allocated within the state. For purposes of article twen-
ty-two of this chapter, the term "partner's income from the partnership"
means partnership items of income, gain, loss and deduction, and New
York modifications thereto, entering into New York adjusted gross
income, and the term "partner's entire income" means New York adjusted
gross income.
(C) (i) Where the taxpayer is a shareholder of a New York S corpo-
ration that is a business located in [a tax-free NY area] AN EPIC ZONE,
the shareholder's tax factor shall be that portion of the amount deter-
mined in paragraph one of this subdivision that is attributable to the
S. 4008 75 A. 3008
income of the S corporation. Such attribution shall be made in accord-
ance with the ratio of the shareholder's income from the S corporation
allocated within the state, entering into New York adjusted gross
income, to the shareholder's New York adjusted gross income, or in
accordance with such other methods as the commissioner may prescribe as
providing an apportionment that reasonably reflects the portion of the
shareholder's tax attributable to the income of such business. The
income of the S corporation allocated within the state shall be deter-
mined by multiplying the income of the S corporation by a business allo-
cation factor that shall be determined in clause (ii) of this subpara-
graph. In no event may the ratio so determined exceed 1.0.
(ii) The business allocation factor for purposes of this subparagraph
shall be computed by adding together the property factor specified in
subclause (I) of this clause, the wage factor specified in subclause
(II) of this clause and the apportionment factor determined under
section two hundred ten-A of this chapter and dividing by three.
(I) The property factor shall be determined by ascertaining the
percentage that the average value of the business's real and tangible
personal property, whether owned or rented to it, within the state
during the period covered by the taxpayer's report or return bears to
the average value of the business's real and tangible personal property,
whether owned or rented to it, within and without the state during such
period; provided that the term "value of the business's real and tangi-
ble personal property" shall have the same meaning as such term has in
paragraph (a) of subdivision two of section two hundred nine-B of this
chapter.
(II) The wage factor shall be determined by ascertaining the percent-
age that the total wages, salaries and other personal service compen-
sation, similarly computed, during such period of employees, except
general executive officers, employed at the business's location or
locations within the state, bears to the total wages, salaries and other
personal service compensation, similarly computed, during such period,
of all the business's employees within and without the state, except
general executive officers.
(3) Combined returns or reports. (A) Where the taxpayer is a business
located in [a tax-free NY area] AN EPIC ZONE and is required or permit-
ted to make a return or report on a combined basis under article nine-A
of this chapter, the taxpayer's tax factor shall be the amount deter-
mined in paragraph one of this subdivision that is attributable to the
income of such business. Such attribution shall be made in accordance
with the ratio of the business's income allocated within the state to
the combined group's income, or in accordance with such other methods as
the commissioner may prescribe as providing an apportionment that
reasonably reflects the portion of the combined group's tax attributable
to the income of such business. In no event may the ratio so determined
exceed 1.0.
(B) The term "income of the business located in [a tax-free NY area]
AN EPIC ZONE" means business income calculated as if the taxpayer was
filing separately and the term "combined group's income" means business
income as shown on the combined report, allocated within the state.
(4) If a business is generating or receiving income from a line of
business or intangible property that was previously conducted, created
or developed by the business or a related person, as that term is
defined in section four hundred thirty-one of the economic development
law, the tax factor specified in this subdivision shall be adjusted to
disregard such income.
S. 4008 76 A. 3008
(e) Cross-references. For application of the credit provided for in
this section, see the following provisions of this chapter:
(1) Article 9-A: section 210-B, subdivision 41.
(2) Article 22: section 606, subsection (i), paragraph (1), subpara-
graph (B), clause (xxxvi).
(3) Article 22: section 606, subsection (ww).
§ 20. Clauses (xxxvi) and (xxxviii) of subparagraph (B) of paragraph 1
of subsection (i) and subsections (ww) and (yy) of section 606 of the
tax law, clauses (xxxvi) and (xxxviii) of subparagraph (B) of paragraph
1 of subsection (i) as amended by section 68 of part A of chapter 59 of
the laws of 2014, subsection (ww) as added by section 9 of part A of
chapter 68 of the laws of 2013, and subsection (yy) as amended by
section 9 of part I of chapter 59 of the laws of 2015, are amended to
read as follows:
(xxxvi) [Tax-free NY area] EPIC ZONE Amount of
tax elimination credit credit under
subdivision forty-one
of section two hundred ten-B
(xxxviii) [Tax-free NY area] EPIC Amount
ZONE of credit under
excise tax on subdivision
telecommunications services forty-four of section
credit under subsection (yy) two hundred ten-B
(ww) [Tax-free NY area] EPIC ZONE tax elimination credit. (1) Allowance
of credit. A taxpayer shall be allowed a credit, to be computed as
provided under section forty of this chapter, against the tax imposed by
this article.
(2) Application of credit. If the amount of the credit allowed under
this subsection for any taxable year exceeds the taxpayer's tax for such
year, the excess will be treated as an overpayment to be credited or
refunded in accordance with the provisions of section six hundred eight-
y-six of this article, provided, however, that no interest will be paid
thereon.
(yy) The [tax-free NY area] EPIC ZONE excise tax on telecommunication
services credit. A taxpayer that is a business or owner of a business
that is located in [a tax-free NY area] AN EPIC ZONE approved pursuant
to article twenty-one of the economic development law shall be allowed a
credit equal to the excise tax on telecommunication services imposed by
section one hundred eighty-six-e of this chapter and passed through to
such business during the taxable year to the extent not otherwise
deducted in computing New York adjusted gross income. This credit may be
claimed only where any tax imposed by such section one hundred eighty-
six-e has been separately stated on a bill from the provider of telecom-
munication services and paid by such taxpayer with respect to such
services rendered within [a tax-free NY area] AN EPIC ZONE during the
taxable year. If the amount of the credit allowed under this subsection
for any taxable year exceeds the taxpayer's tax for such year, the
excess will be treated as an overpayment to be credited or refunded in
accordance with the provisions of section six hundred eighty-six of this
article, provided, however, that no interest will be paid thereon.
§ 21. Paragraph 39-a of subsection (b) and paragraph 40 of subsection
(c) of section 612 of the tax law, paragraph 39-a of subsection (b) as
S. 4008 77 A. 3008
added by section 5-a of part T of chapter 59 of the laws of 2014 and
paragraph 40 of subsection (c) as added by section 10 of part A of chap-
ter 68 of the laws of 2013, are amended to read as follows:
(39-a) The amount of any federal deduction for the excise tax on tele-
communication services to the extent such taxes are used as the basis of
the calculation of [tax-free NY area] EPIC ZONE excise tax on telecommu-
nication services credit allowed under subsection (yy) of section six
hundred six of this article.
(40) Any wages received by an individual as an employee of a business
located within [a tax-free NY area] AN EPIC ZONE during the first five
years of such business's ten year taxable period specified in subdivi-
sion (a) of section thirty-nine of this chapter, to the extent included
in federal adjusted gross income and allowed under section thirty-nine
of this chapter. During the second five years of such business's ten
year taxable period, the first two hundred thousand dollars of such
wages in the case of a taxpayer filing as a single individual, the first
two hundred fifty thousand dollars of such wages in the case of a
taxpayer filing as a head of household, and three hundred thousand
dollars of such wages in the case of a taxpayer filing a joint return,
to the extent included in federal adjusted gross income and allowed
under section thirty-nine of this chapter.
§ 22. Subparagraph 20-a of paragraph (b) of subdivision 9 of section
208 of the tax law, as amended by section 4 of part A of chapter 59 of
the laws of 2014, is amended to read as follows:
(20-a) The amount of any federal deduction for the excise tax on tele-
communication services to the extent such taxes are used as the basis of
the calculation of the [tax-free NY area] EPIC ZONE excise tax on tele-
communication services credit allowed under subdivision forty-four of
section two hundred ten-B of this article.
§ 23. Subdivision (b) of section 803 of the tax law, as added by
section 11 of part A of chapter 68 of the laws of 2013, is amended to
read as follows:
(b) If [a tax-free NY area] AN EPIC ZONE approved pursuant to the
provisions of article twenty-one of the economic development law is
located within the MCTD, the payroll expense in such [tax-free NY area]
EPIC ZONE of any employer that is located in such area and accepted into
the [START-UP NY] EPIC program shall be exempt from the tax imposed
under this article. In addition, the net earnings from self-employment
of an individual from a business in such [tax-free NY area] EPIC ZONE
that is accepted into the [START-UP NY] EPIC program shall be exempt
from the tax imposed under this article.
§ 24. Subdivisions 41 and 44 of section 210-B of the tax law, subdivi-
sion 41 as amended by section 40, and subdivision 44 as amended by
section 41 of part T of chapter 59 of the laws of 2015, are amended to
read as follows:
41. The [tax-free NY area] EPIC ZONE tax elimination credit. A taxpay-
er shall be allowed a credit to be computed as provided in section forty
of this chapter, against the tax imposed by this article. Unless the
taxpayer has [a tax-free NY area] AN EPIC ZONE allocation factor of one
hundred percent, the credit allowed under this subdivision for any taxa-
ble year shall not reduce the tax due for such year to less than the
amount prescribed in paragraph (d) of subdivision one of section two
hundred ten of this article. However, if the amount of the credit allow-
able under this subdivision for any taxable year reduces the tax to such
amount or if the taxpayer otherwise pays tax based on the fixed dollar
minimum amount, any amount of credit not deductible in such taxable year
S. 4008 78 A. 3008
shall be treated as an overpayment of tax to be credited or refunded in
accordance with the provisions of section one thousand eighty-six of
this chapter. Provided, however, the provisions of subsection (c) of
section one thousand eighty-eight of this chapter notwithstanding, no
interest shall be paid thereon.
44. The [tax-free NY area] EPIC ZONE excise tax on telecommunication
services credit. A taxpayer that is a business or owner of a business
that is located in [a tax-free NY area] AN EPIC ZONE approved pursuant
to article twenty-one of the economic development law shall be allowed a
credit equal to the excise tax on telecommunication services imposed by
section one hundred eighty-six-e of this chapter and passed through to
such business during the taxable year to the extent not otherwise
deducted in computing entire net income under this article. However,
except as otherwise provided for in this subdivision, if the amount of
the credit allowable under this subdivision for any taxable year reduces
the tax to the amount prescribed in paragraph (d) of subdivision one of
section two hundred ten of this chapter or if the taxpayer otherwise
pays tax based on the fixed dollar minimum amount, any amount of credit
not deductible in such taxable year shall be treated as an overpayment
of tax to be credited or refunded in accordance with the provisions of
section one thousand eighty-six of this chapter. This credit may be
claimed only where any tax imposed by such section one hundred eighty-
six-e has been separately stated on a bill from the provider of telecom-
munication services and paid by such business with respect to such
services rendered within [a tax-free NY area] AN EPIC ZONE during the
taxable year. Unless the taxpayer has [a tax-free NY area] AN EPIC ZONE
allocation factor of one hundred percent, the credit allowed under this
subdivision for any taxable year shall not reduce the tax due for such
year to less than the amount prescribed in paragraph (d) of subdivision
one of section two hundred ten of this chapter. Provided, however, the
provisions of subsection (c) of section one thousand eighty-eight of
this chapter notwithstanding, no interest shall be paid thereon.
§ 25. Paragraphs 1 and 2 of subdivision (d) of section 1119 of the tax
law, as amended by section 12 of part A of chapter 68 of the laws of
2013, are amended to read as follows:
(1) Subject to the conditions and limitations provided for in this
section, a refund or credit will be allowed for taxes imposed on the
retail sale of tangible personal property described in subdivision (a)
of section eleven hundred five of this article, and on every sale of
services described in subdivisions (b) and (c) of such section, and
consideration given or contracted to be given for, or for the use of,
such tangible personal property or services, where such tangible
personal property or services are sold to a qualified empire zone enter-
prise or to a qualified entity that is also a tenant in or part of a New
York state innovation hot spot as provided in section thirty-eight of
this chapter or to a business located in [a tax-free NY area] AN EPIC
ZONE approved pursuant to article twenty-one of the economic development
law, provided that (A) such tangible personal property or tangible
personal property upon which such a service has been performed or such
service (other than a service described in subdivision (b) of section
eleven hundred five of this article) is directly and predominantly, or
such a service described in clause (A) or (D) of paragraph one of such
subdivision (b) of section eleven hundred five of this article is
directly and exclusively, used or consumed by (i) such qualified empire
zone enterprise in an area designated as an empire zone pursuant to
article eighteen-B of the general municipal law with respect to which
S. 4008 79 A. 3008
such enterprise is certified pursuant to such article eighteen-B, or
(ii) such qualified entity at its location in or as part of a New York
state innovation hot spot, or (iii) such business at its location in
such [tax-free NY area] EPIC ZONE, or (B) such a service described in
clause (B) or (C) of paragraph one of subdivision (b) of section eleven
hundred five of this article is delivered and billed to (i) such enter-
prise at an address in such empire zone or (ii) such qualified entity at
its location in or as part of the New York state innovation hot spot, or
(iii) such business at its location in such [tax-free NY area] EPIC
ZONE, or (C) the enterprise's place of primary use of the service
described in paragraph two of such subdivision (b) of section eleven
hundred five is at an address in such empire zone or at its location in
or as part of a New York state innovation hot spot, or at its location
in such [tax-free NY area] EPIC ZONE; provided, further, that, in order
for a motor vehicle, as defined in subdivision (c) of section eleven
hundred seventeen of this article, or tangible personal property related
to such a motor vehicle to be found to be used predominantly in such a
zone, at least fifty percent of such motor vehicle's use shall be exclu-
sively within such zone or at least fifty percent of such motor vehi-
cle's use shall be in activities originating or terminating in such
zone, or both; and either or both such usages shall be computed either
on the basis of mileage or hours of use, at the discretion of such
enterprise. For purposes of this subdivision, tangible personal property
related to such a motor vehicle shall include a battery, diesel motor
fuel, an engine, engine components, motor fuel, a muffler, tires and
similar tangible personal property used in or on such a motor vehicle.
(2) Subject to the conditions and limitations provided for in this
section, a refund or credit will be allowed for taxes imposed on the
retail sale of, and consideration given or contracted to be given for,
or for the use of, tangible personal property sold to a contractor,
subcontractor or repairman for use in (A) erecting a structure or build-
ing of a qualified empire zone enterprise or a business located in [a
tax-free NY area] AN EPIC ZONE approved pursuant to article twenty-one
of the economic development law, (B) adding to, altering or improving
real property, property or land of such an enterprise or such business,
or (C) maintaining, servicing or repairing real property, property or
land of such an enterprise or of such business, as the terms real prop-
erty, property or land are defined in the real property tax law;
provided, however, no credit or refund will be allowed under this para-
graph unless such tangible personal property is to become an integral
component part of such structure, building, real property, property or
land located in an area designated as an empire zone pursuant to article
eighteen-B of the general municipal law in, and with respect to which
such enterprise is certified pursuant to such article eighteen-B, or in
an area approved as [a tax-free NY area] AN EPIC ZONE pursuant to arti-
cle twenty-one of the economic development law where such business is
located.
§ 26. Subsection (d) of section 1340 of the tax law, as added by
section 16 of part A of chapter 68 of the laws of 2013, is amended to
read as follows:
(d) Any wages received by an individual as an employee of a business
located in [a tax-free NY area] AN EPIC ZONE within the city during the
first five years of such business's ten year taxable period specified in
subdivision (a) of section thirty-nine of this chapter and earned at
such location shall be exempt from the tax authorized to be imposed by
this article to the extent included in federal adjusted gross income and
S. 4008 80 A. 3008
allowed under section thirty-nine of this chapter. During the second
five years of such business's ten year taxable period, the first two
hundred thousand dollars of such wages in the case of a taxpayer filing
as a single individual, the first two hundred fifty thousand dollars of
such wages in the case of a taxpayer filing as a head of household, and
three hundred thousand dollars of such wages in the case of a taxpayer
filing a joint return, to the extent included in federal adjusted gross
income and allowed under section thirty-nine of this chapter.
§ 27. Paragraph 11 of subdivision (b) of section 1405 of the tax law,
as added by section 13 of part A of chapter 68 of the laws of 2013, is
amended to read as follows:
11. Conveyances of real property located in [tax-free NY areas] EPIC
ZONES approved pursuant to article twenty-one of the economic develop-
ment law to businesses located in such areas that are participating in
the [START-UP NY] EPIC program pursuant to such article twenty-one.
§ 28. Paragraph (c) of subdivision 2 of section 770 of the labor law,
as added by section 1 of subpart R of part XX of chapter 55 of the laws
of 2020, is amended to read as follows:
(c) The term "tax credit" means any of the following tax credits
allowed under the tax law: recovery tax credit, [tax-free New York area]
EPIC ZONE tax elimination credit, minimum wage reimbursement credit,
empire state jobs retention program credit, economic transformation and
facility redevelopment program tax credit, excelsior jobs program cred-
it, employee training incentive program tax credit, empire state appren-
ticeship program tax credit, and employment incentive tax credit.
§ 29. Paragraph 36 of subdivision (c) of section 11-1712 of the admin-
istrative code of the city of New York, as added by section 15 of part A
of chapter 68 of the laws of 2013, is amended to read as follows:
(36) Any wages received by an individual as an employee of a business
located within [a tax-free NY area] AN EPIC ZONE during the first five
years of such business's ten year taxable period specified in subdivi-
sion (a) of section thirty-nine of the tax law to the extent included in
federal adjusted gross income and allowed under section thirty-nine of
the tax law. During the second five years of such business's ten year
taxable period, the first two hundred thousand dollars of such wages in
the case of a taxpayer filing as a single individual, the first two
hundred fifty thousand dollars of such wages in the case of a taxpayer
filing as a head of household, and three hundred thousand dollars of
such wages in the case of a taxpayer filing a joint return, to the
extent included in federal adjusted gross income and allowed under
section thirty-nine of the tax law.
§ 30. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the amendments to paragraph a
of subdivision 2 of section 355 of the education law made by section
fourteen of this act shall not affect the expiration and reversion of
such paragraph and shall be deemed to expire therewith.
PART DD
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 52-a to read as follows:
§ 52-A. SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOL-
OGY TRANSFER GRANT PROGRAM. 1. THE CORPORATION, IN CONSULTATION WITH THE
DIVISION FOR SMALL BUSINESS, SHALL ESTABLISH A MATCHING GRANT PROGRAM TO
PROVIDE CONTINGENT MATCHING FUND COMMITMENTS AND FUNDS TO SMALL BUSI-
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NESSES WHO HAVE BEEN AWARDED PHASE ONE OR PHASE TWO GRANTS UNDER THE
FEDERAL SMALL BUSINESS INNOVATION RESEARCH PROGRAM OR THE FEDERAL SMALL
BUSINESS TECHNOLOGY TRANSFER PROGRAM. SUCH GRANTS SHALL BE AWARDED BASED
ON A COMPANY'S POTENTIAL FOR COMMERCIALIZATION AND JOB GROWTH. COMPANIES
APPLYING TO THE FEDERAL PROGRAMS NAMED HEREIN SHALL HAVE AN OPPORTUNITY
TO APPLY TO THE CORPORATION FOR A COMMITMENT LETTER THAT MAY BE INCLUDED
IN THEIR APPLICATION TO THE SMALL BUSINESS INNOVATION RESEARCH PROGRAM
OR THE SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM, DEMONSTRATING CONTIN-
GENT STATE SUPPORT, AND THEREFORE INCREASING THEIR LIKELIHOOD OF RECEIV-
ING FEDERAL FUNDING. STATE MATCHING GRANTS SHALL BE PROVIDED TO SMALL
BUSINESSES THAT ARE SELECTED FOR AWARD THROUGH THESE FEDERAL PROGRAMS.
AS USED IN THIS SECTION, "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS
PROVIDED FOR IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOP-
MENT LAW.
2. SUCH FUNDS AWARDED PURSUANT TO THIS SECTION SHALL BE USED TO EXPE-
DITE COMMERCIALIZATION, INCLUDING BUT NOT NECESSARILY LIMITED TO PATENTS
AND MARKETING STUDIES IN SALES EFFORTS. A SMALL BUSINESS MAY APPLY FOR
MULTIPLE MATCHING FUND GRANTS, BUT SHALL ONLY RECEIVE ONE AWARD THROUGH
THIS PROGRAM EACH CALENDAR YEAR.
3. THE CORPORATION, IN CONSULTATION WITH THE DIVISION FOR SMALL BUSI-
NESS, SHALL ESTABLISH THE FORM AND MANNER IN WHICH APPLICATIONS FOR
GRANT AWARDS SHALL BE SUBMITTED AND SHALL ESTABLISH GUIDELINES FOR THE
GRANT PROGRAM. THE CORPORATION SHALL REVIEW EACH APPLICATION FOR COMPLI-
ANCE WITH THE ELIGIBILITY CRITERIA AND OTHER REQUIREMENTS SET FORTH IN
THE PROGRAM GUIDELINES ESTABLISHED BY THE CORPORATION. THE CORPORATION
MAY APPROVE OR REJECT EACH APPLICATION OR MAY RETURN AN APPLICATION FOR
MODIFICATIONS, IF NECESSARY.
4. THE CORPORATION, BEGINNING ON JUNE FIRST, TWO THOUSAND TWENTY-FOUR,
AND ANNUALLY THEREAFTER, PROVIDED PROGRAM FUNDS REMAIN, SHALL SUBMIT A
REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE
SPEAKER OF THE ASSEMBLY. SUCH ANNUAL REPORT SHALL INCLUDE, BUT NEED NOT
BE LIMITED TO: THE NUMBER OF APPLICANTS BY STAGE; THE NUMBER OF APPLI-
CANTS APPROVED TO RECEIVE GRANTS; THE TOTAL AMOUNT OF GRANTS AWARDED AND
THE AVERAGE AMOUNT OF SUCH GRANTS AWARDED; AND SUCH OTHER INFORMATION AS
THE DEPARTMENT OF ECONOMIC DEVELOPMENT DETERMINES NECESSARY AND APPRO-
PRIATE. SUCH REPORT SHALL BE INCLUDED ON THE DEPARTMENT OF ECONOMIC
DEVELOPMENT'S WEBSITE AND ANY OTHER PUBLICLY ACCESSIBLE STATE DATABASES
THAT LIST ECONOMIC DEVELOPMENT PROGRAMS, AS DETERMINED BY THE CORPO-
RATION.
§ 2. This act shall take effect immediately.
PART EE
Section 1. Paragraph (a) of subdivision 1 of section 1977-a of the
public authorities law, as amended by chapter 241 of the laws of 1995,
is amended to read as follows:
(a) For the purpose of financing project costs for the project for the
Battery Park project area other than the financing of loans, advances
and mortgage loans to housing companies organized to provide housing
within the Battery Park project area, the authority may issue bonds and
notes in an aggregate principal amount at any one time outstanding not
exceeding [three] FIVE hundred million dollars, excluding bonds and
notes issued to refund outstanding bonds and notes.
§ 2. Paragraph (f) of subdivision 1 of section 1977-a of the public
authorities law, as added by chapter 628 of the laws of 2019, is amended
to read as follows:
S. 4008 82 A. 3008
(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,
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 determined by the authority, excluding bonds and notes issued to
refund outstanding bonds and notes issued pursuant to this section.
§ 3. This act shall take effect immediately.
PART FF
Section 1. Section 217 of the state finance law, as amended by section
1 of part H of chapter 60 of the laws of 2011, is amended to read as
follows:
§ 217. Linked loans. Linked loans shall be made by lenders pursuant to
the program only to eligible businesses in connection with eligible
projects. A linked loan shall be limited to a maximum amount of [two]
SIX million dollars. An eligible business may receive more than one
linked loan. During the life of the linked loan program, the total
amount of money that a business can borrow from the linked program is
[two] SIX million dollars. The credit decision for making a linked loan
shall be made solely by the lender. Notwithstanding the length of the
term of a linked loan, the linked deposit relating to the linked loan
shall be for a period of not more than four years.
§ 2. The act shall take effect immediately.
PART GG
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 Y of chapter 58 of the laws of 2022, 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, [2023] 2028, 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 HH
Section 1. The opening paragraph of paragraph (a) and paragraph (b)
of subdivision 2-a of section 314 of the executive law, as amended by
chapter 96 of the laws of 2019, is amended to read as follows:
The director shall establish a procedure [enabling] REQUIRING the
office to accept New York municipal corporation certification verifica-
tion for minority and women-owned business enterprise applicants in lieu
S. 4008 83 A. 3008
of requiring the applicant to complete the state certification process.
[The] IN ORDER TO IMPLEMENT SUCH PROCEDURE, THE OFFICE AND ALL NEW YORK
MUNICIPAL CORPORATIONS THAT HAVE A MUNICIPAL MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISE PROGRAM SHALL ENTER INTO A MEMORANDUM OF UNDERSTAND-
ING REGARDING SUCH ACCEPTANCE OF CERTIFICATION VERIFICATION AND THE
director shall promulgate rules and regulations to set forth criteria
for the acceptance of municipal corporation certification. [All eligible
municipal corporation certifications shall require business enterprises
seeking certification to meet the following standards:] NOTWITHSTANDING
THE FOREGOING, AN APPLICANT CERTIFIED PURSUANT TO THIS SECTION MUST MEET
THE DEFINITION OF A MINORITY-OWNED BUSINESS ENTERPRISE OR WOMEN-OWNED
BUSINESS ENTERPRISE SET FORTH IN SECTION THREE HUNDRED TEN OF THIS ARTI-
CLE.
(b) [The director shall work with all] ALL NEW YORK municipal corpo-
rations that have a municipal minority and women-owned business enter-
prise program [to] SHALL develop [standards] RULES AND REGULATIONS IN
ORDER to accept state certification [to meet the municipal corporation
minority and women-owned business enterprise certification standards].
§ 2. Clauses (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph
(a) of subdivision 2-a of section 314 of the executive law are REPEALED.
§ 3. Subdivision 6 of section 163 of the state finance law, as sepa-
rately amended by section 28 of part PP of chapter 56 and chapter 572 of
the laws of 2022, is amended to read as follows:
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities for the office of general services or its customer agen-
cies serviced by the office of general services business services center
in an amount not exceeding eighty-five thousand dollars without a formal
competitive process; state agencies may purchase services and commod-
ities in an amount not exceeding fifty thousand dollars without a formal
competitive process; and state agencies may purchase commodities or
services from small business concerns [or those certified pursuant to
article fifteen-A of the executive law and article three of the veter-
ans' services law], or commodities or technology that are recycled or
remanufactured in an amount not exceeding five hundred thousand dollars
without a formal competitive process AND STATE AGENCIES MAY PURCHASE
COMMODITIES OR SERVICES FROM THOSE CERTIFIED PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW AND ARTICLE THREE OF THE VETERANS'
SERVICES LAW IN AN AMOUNT NOT EXCEEDING ONE MILLION FIVE HUNDRED THOU-
SAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS and for commodities
that are food, including milk and milk products, or animal or plant
fiber products, grown, produced, harvested, or processed in New York
state or textile products manufactured from animal or plant fiber grown
or produced predominantly in New York state in an amount not to exceed
two hundred thousand dollars, without a formal competitive process.
§ 4. Paragraph 1 of subdivision i of section 311 of the New York city
charter, as amended by chapter 569 of the laws of 2022, is amended to
read as follows:
1. agencies may make procurements of goods, services and construction
for amounts not exceeding one million FIVE HUNDRED THOUSAND dollars from
businesses certified as minority or women-owned business enterprises
pursuant to section thirteen hundred four of the charter without a
formal competitive process.
§ 5. This act shall take effect immediately; provided however that
sections one and two of this act shall take effect on the three hundred
sixty-fifth day after it shall have become a law; provided, further,
S. 4008 84 A. 3008
that if section 28 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section three of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect; provided, further, that the
amendments to subdivision 2-a of section 314 of the executive law made
by sections one and two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided, further, that
the amendments to section 163 of the state finance law made by section
three of this act shall not affect the repeal of such section and shall
be deemed repealed therewith.
PART II
Section 1. Subdivision (a) of section 2 of chapter 749 of the laws of
2019, constituting the New York city public works investment act, is
relettered (a-1) and a new subdivision (a) is added to read as follows:
(A) "ALTERNATIVE PROJECT DELIVERY CONTRACT" SHALL MEAN ANY PROJECT
DELIVERY METHOD AUTHORIZED BY THIS ACT, INCLUDING CONSTRUCTION MANAGER
BUILD, CONSTRUCTION MANAGER AT RISK, AND DESIGN-BUILD, PURSUANT TO WHICH
ONE OR MORE CONTRACTS FOR THE PROVISION OF DESIGN OR CONSTRUCTION
MANAGEMENT AND CONSTRUCTION SERVICES ARE AWARDED PURSUANT TO AN OPEN AND
COMPETITIVE METHOD OF PROCUREMENT.
§ 2. Paragraph 14 of subdivision (b) of section 2 of chapter 749 of
the laws of 2019, constituting the New York city public works investment
act, is amended to read as follows:
(14) A quantitative factor to be used in evaluation of bids or offers
for awarding of contracts for bidders or offerers that are certified as
minority- or women-owned business enterprises pursuant to article 15-A
of the executive law, and certified pursuant to local law as minority-
or women-owned business enterprises, OR FOR BIDDERS OR OFFERERS THAT ARE
JOINT VENTURES THAT INCLUDE AT LEAST ONE SUCH CERTIFIED FIRM. Where an
agency identifies a quantitative factor pursuant to this paragraph, the
agency must specify that businesses certified as minority- or women-
owned business enterprises pursuant to article 15-A of the executive law
as well as those certified as minority- or women-owned business enter-
prises or pursuant to section 1304 of the New York city charter, OR
JOINT VENTURES INCLUDING AT LEAST ONE SUCH CERTIFIED FIRM, are eligible
to qualify for such factor. Nothing in this paragraph shall be construed
as a requirement that such businesses be concurrently certified as
minority- or women-owned business enterprises under both article 15-A of
the executive law and section 1304 of the New York city charter to qual-
ify for such quantitative factors. In addition, where the New York city
school construction authority acts as the authorized entity, businesses
certified as minority- or women-owned business enterprises pursuant to
section 1743 of the public authorities law shall be eligible to qualify
for such factor.
§ 3. Section 2 of chapter 749 of the laws of 2019, constituting the
New York city public works investment act, is amended by adding two new
subdivisions (b-1) and (b-2) to read as follows:
(B-1) "CONSTRUCTION MANAGER AT RISK" SHALL MEAN A PROJECT DELIVERY
METHOD WHEREBY A CONSTRUCTION MANAGER:
(1) SERVES AS PART OF A TEAM IN CONJUNCTION WITH THE OWNER IN THE
DESIGN PHASE OF THE PROJECT;
(2) DURING THE CONSTRUCTION PHASE, ACTS AS GENERAL CONTRACTOR FOR
AGREED UPON COMPENSATION AS SET FORTH IN THE CONSTRUCTION MANAGER AT
RISK AGREEMENT; AND
S. 4008 85 A. 3008
(3) ASSUMES THE RISK OF CONSTRUCTION COSTS EXCEEDING AN AMOUNT SPECI-
FIED IN THE CONSTRUCTION MANAGER AT RISK AGREEMENT.
(B-2) "CONSTRUCTION MANAGER BUILD" SHALL MEAN A PROJECT DELIVERY METH-
OD WHEREBY A CONSTRUCTION MANAGER:
(1) SERVES AS PART OF A TEAM IN CONJUNCTION WITH THE OWNER IN THE
DESIGN PHASE OF THE PROJECT;
(2) UNDER THE OVERSIGHT OF THE OWNER, ACTS AS THE SINGLE SOURCE OF
RESPONSIBILITY TO BID, SELECT AND HOLD CONSTRUCTION CONTRACTS ON BEHALF
OF THE OWNER DURING THE CONSTRUCTION PHASE; AND
(3) MANAGES THE CONSTRUCTION PROJECT ON BEHALF OF THE OWNER.
§ 4. Sections 3, 4, 5 and 6 of chapter 749 of the laws of 2019,
constituting the New York city public works investment act, are amended
to read as follows:
§ 3. Any contract for a public work undertaken pursuant to a project
labor agreement in accordance with section 222 of the labor law may be
[a design-build] AN ALTERNATIVE PROJECT DELIVERY contract in accordance
with this act.
§ 4. Notwithstanding any general, special or local law, rule or regu-
lation to the contrary, including but not limited to section 7210 of the
education law, article 5-A of the general municipal law, article 8 of
the public housing law, sections 1734 and 1735 of the public authori-
ties law and section 8 of the New York city health and hospitals corpo-
ration act, and in conformity with the requirements of this act, for any
public work that has an estimated cost of not less than 10 million
dollars and is undertaken pursuant to a project labor agreement in
accordance with section 222 of the labor law, an authorized entity
charged with awarding a contract for public work may use [the] AN alter-
native PROJECT delivery [method referred to as design-build contracts]
CONTRACT. Provided, however, that any authorized entity charged with
awarding a contract for public work in connection with property within
the jurisdiction of the New York city department of parks and recreation
or the New York city housing authority is authorized to use [the] AN
alternative PROJECT delivery [method referred to as design-build
contracts] CONTRACT for any such public work that has an estimated cost
of not less than one million two hundred thousand dollars if such public
work is otherwise in conformity with the requirements of this act.
Provided further that any authorized entity may use [the] AN alternative
PROJECT delivery [method referred to as design-build contracts] CONTRACT
for any public work that has an estimated cost of not less than one
million two hundred thousand dollars if such public work is otherwise in
conformity with the requirements of this act and primarily consists of:
pedestrian ramps and similar infrastructure to improve access to side-
walks in the city of New York for people with disabilities; renovation
and construction of cultural institutions located on publicly owned real
property and of public libraries in the city of New York; AN ENERGY
EFFICIENCY, CLEAN ENERGY GENERATION, OR ENERGY STORAGE PROJECT; or secu-
rity infrastructure, including bollards, planters and other physical
structures, designed to protect life and property from acts of terror or
mass violence.
(a) A contractor selected by such an authorized entity to enter into
[a design-build] AN ALTERNATIVE PROJECT DELIVERY contract [shall] MAY be
selected [through a two-step method,] as follows:
(1) Step one. Generation of a list of responding entities that have
demonstrated the general capability to perform the [design-build] ALTER-
NATIVE PROJECT DELIVERY contract. Such list shall consist of a specified
number of responding entities, as determined by an authorized entity,
S. 4008 86 A. 3008
and shall be generated based upon the authorized entity's review of
responses to a publicly advertised request for qualifications. The
authorized entity's request for qualifications shall include a general
description of the public work, the maximum number of responding enti-
ties to be included on the list, the selection criteria to be used and
the relative weight of each criteria in generating the list. Such
selection criteria shall include the qualifications and experience of
the [design and construction] ENTITY OR team OF ENTITIES, organization,
demonstrated responsibility, ability of the ENTITY OR team OF ENTITIES
or of a member or members of the ENTITY OR team OF ENTITIES to comply
with applicable requirements, including the provisions of articles 145,
147 and 148 of the education law, past record of compliance with the
labor law, and such other qualifications the authorized entity deems
appropriate, which may include but are not limited to project under-
standing, financial capability and record of past performance. The
authorized entity shall evaluate and rate all responding entities to the
request for qualifications. Based upon such ratings, the authorized
entity shall list the responding entities that shall receive a request
for proposals in accordance with paragraph [two] 2 of this subdivision.
To the extent consistent with applicable federal law, the authorized
entity shall consider, when awarding any contract pursuant to this
section, the participation of (i) responding entities that are certified
as minority- or women-owned business enterprises pursuant to article
15-A of the executive law, or certified pursuant to local law as minori-
ty- or women-owned business enterprises, or, where the New York city
school construction authority acts as the authorized entity, certified
pursuant to section 1743 of the public authorities law; and (ii) small
business concerns identified pursuant to subdivision (b) of section
139-g of the state finance law. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS PARAGRAPH, IF AN AUTHORIZED ENTITY DETERMINES IN WRITING THAT IT IS
IN THE BEST INTEREST OF THE AUTHORIZED ENTITY TO SOLICIT PROPOSALS WITH-
OUT GENERATING A LIST PURSUANT TO THE PROCESS SET FORTH IN THIS PARA-
GRAPH, THE AUTHORIZED ENTITY MAY INSTEAD RELEASE A PUBLIC SOLICITATION
PURSUANT TO THE PROCEDURE SET FORTH IN PARAGRAPH 2 OF THIS SUBDIVISION.
In addition, nothing in this section shall be deemed to supersede any
pre-qualification guidelines or requirements otherwise authorized by law
for an authorized entity.
(2) Step two. [Selection] THE SECOND STEP SHALL BE THE SELECTION of
the proposal which is the best value to the authorized entity, PROVIDED
THAT IS A LIST HAS NOT BEEN GENERATED PURSUANT TO PARAGRAPH 1 OF THIS
SUBDIVISION, THE AUTHORIZED ENTITY SHALL NOT BE REQUIRED TO CONSIDER
COST OR PRICE CRITERIA IN SELECTING THE PROPOSAL. The authorized entity
shall issue a request for proposals to the responding entities, WHICH
SHALL BE THE listed ENTITIES pursuant to paragraph [one] 1 of this
subdivision IF SUCH A LIST HAS BEEN GENERATED PURSUANT TO SUCH
PARAGRAPH. If such a responding entity consists of a team of separate
entities, the entities that comprise such a team must remain unchanged
from the responding entity as listed pursuant to paragraph [one] 1 of
this subdivision, AS APPLICABLE, unless otherwise approved by the
authorized entity. The request for proposals shall set forth the public
work's scope of work, and other requirements, as determined by the
authorized entity, which may include separate goals for work under the
contract to be performed by businesses certified as minority- or women-
owned business enterprises pursuant to article 15-A of the executive law
or section 1743 of the public authorities law, or certified pursuant to
local law as minority- or women-owned business enterprises. The request
S. 4008 87 A. 3008
for proposals shall also specify the criteria to be used to evaluate the
responses and the relative weight of each of such criteria. Such crite-
ria shall include [the proposal's cost,] the quality of the proposal's
solution, the qualifications and experience of the proposer, IF A LIST
HAS BEEN GENERATED PURSUANT TO PARAGRAPH 1 OF THIS SUBDIVISION, THE
PROPOSAL'S COST, WHICH MAY INCLUDE FACTORS THAT MAY BE CONSIDERED INDI-
VIDUALLY OR IN THE AGGREGATE, SUCH AS THE PROPOSED COST OF DESIGN PHASE
WORK, THE PROPOSED COST OF CONSTRUCTION PHASE WORK, OR COST FACTORS
RELATING TO CONSTRUCTION PHASE WORK, AS APPLICABLE, and other factors
deemed pertinent by the authorized entity, which may include, but shall
not be limited to, the proposal's manner and schedule of project imple-
mentation, the proposer's ability to complete the work in a timely and
satisfactory manner, maintenance costs of the completed public work,
maintenance of traffic approach, and community impact. THE AUTHORIZED
ENTITY MAY ENGAGE IN NEGOTIATIONS OR OTHER DISCUSSIONS WITH ALL QUALI-
FIED PROPOSERS THAT HAVE EXPRESSED INTEREST, PROVIDED THAT THE AUTHOR-
IZED ENTITY MAINTAINS A WRITTEN RECORD OF THE CONDUCT OF NEGOTIATIONS OR
DISCUSSIONS AND THE BASIS FOR EVERY DETERMINATION TO CONTINUE OR SUSPEND
NEGOTIATIONS, AND FURTHER PROVIDED THAT IF THE AUTHORIZED ENTITY DETER-
MINES FOR A PARTICULAR CONTRACT OR FOR A PARTICULAR TYPE OF CONTRACT
THAT IT IS IN THE AUTHORIZED ENTITY'S BEST INTEREST TO NEGOTIATE OR
ENTER INTO DISCUSSIONS WITH FEWER PROPOSERS, IT MAY MAKE SUCH A DETERMI-
NATION IN WRITING. IF THE AUTHORIZED ENTITY ENTERS INTO SUCH NEGOTI-
ATIONS, THE AUTHORIZED ENTITY SHALL ALLOW ALL PROPOSERS TO REVISE THEIR
PROPOSALS UPON CONCLUSION OF NEGOTIATIONS, AND THE AUTHORIZED ENTITY
SHALL EVALUATE THE PROPOSERS' REVISED PROPOSALS USING THE CRITERIA
INCLUDED IN THE REQUEST FOR PROPOSALS. Any contract awarded pursuant to
this act shall be awarded to a responsive and responsible proposer,
which, in consideration of these and other specified criteria deemed
pertinent, offers the best value, as determined by the authorized
entity, OMITTING THE CONSIDERATION OF COST OR PRICE CRITERIA WHERE
AUTHORIZED BY THIS SUBDIVISION. The request for proposals shall include
a statement that proposers shall designate in writing those portions of
the proposal that contain trade secrets or other proprietary information
that are to remain confidential[;], SO that the material designated as
confidential shall be readily separable from the proposal. Nothing in
this subdivision shall be construed to prohibit the authorized entity
from negotiating final contract terms and conditions including cost. All
proposals submitted shall be scored according to the criteria listed in
the request for proposals and such final scores shall be published on
the authorized entity's website after registration of such contract or
the date upon which such contract may be implemented, if registration
requirements do not apply.
(b) An authorized entity awarding [a design-build] AN ALTERNATIVE
PROJECT DELIVERY contract to a contractor [offering the best value] IN
ACCORDANCE WITH THIS ACT may but shall not be required to use the
following types of contracts:
(1) A cost-plus not to exceed guaranteed maximum price form of
contract in which the authorized entity shall be entitled to monitor and
audit all costs. In establishing the schedule and process for determin-
ing a guaranteed maximum price, the contract between the authorized
entity and the contractor shall[: (i) Describe] INCLUDE TERMS SPECIFY-
ING THE PRICE FOR THE DESIGN PHASE OF THE WORK, the scope of the work
and ANY APPLICABLE COST FACTORS RELATING TO CONSTRUCTION PHASE WORK THAT
WERE INCLUDED IN THE CONTRACTOR'S PROPOSAL. A FAIR AND REASONABLE GUAR-
ANTEED MAXIMUM PRICE FOR THE CONSTRUCTION PHASE OF THE WORK, OR PORTIONS
S. 4008 88 A. 3008
OF THE CONSTRUCTION PHASE OF THE WORK, MAY BE AGREED TO AS ONE OR MORE
AMENDMENTS TO SUCH CONTRACT BASED ON DEVELOPMENTS IN THE DESIGN OF THE
PROJECT THAT OCCUR AFTER SUCH CONTRACT IS EXECUTED. EACH GUARANTEED
MAXIMUM PRICE AMENDMENT SHALL:
(I) DESCRIBE THE SCOPE OF THE PORTION OF THE CONSTRUCTION PHASE WORK
SUBJECT TO THE AMENDMENT, the cost of performing such work, AND THE
MAXIMUM COSTS OF ANY CONTINGENCIES RELATED TO SUCH WORK,
(ii) Include a detailed line item cost breakdown,
(iii) Include a list of all drawings, specifications and other infor-
mation on which the guaranteed maximum price is based,
(iv) Include the dates of substantial and final completion on which
the guaranteed maximum price is based, AS APPLICABLE, and
(v) Include a schedule of unit prices[; or].
THE AUTHORIZED ENTITY SHALL MAINTAIN A WRITTEN RECORD OF EACH GUARAN-
TEED MAXIMUM PRICE AMENDMENT, WHICH SHALL INCLUDE A SUMMARY OF THE NEGO-
TIATION PROCESS AND A DESCRIPTION OF THE RELEVANT DEVELOPMENTS IN THE
DESIGN OF THE PROJECT, INDEPENDENT COST ESTIMATES PREPARED BY OR ON
BEHALF OF THE AUTHORIZED ENTITY, AS REQUIRED PURSUANT TO A POLICY ESTAB-
LISHED BY THE AUTHORIZED ENTITY, THE CONTRACTOR'S ACTUAL COST SCHEDULES
AND UNIT PRICES, AND ANY OTHER FACTORS THAT THE AUTHORIZED ENTITY
CONSIDERED. IF THE AUTHORIZED ENTITY AND THE CONTRACTOR CANNOT AGREE
UPON A GUARANTEED MAXIMUM PRICE FOR ONE OR MORE PORTIONS OF CONSTRUCTION
PHASE WORK, THE AUTHORIZED ENTITY MAY DIRECT THE CONTRACTOR TO ASSIGN
ALL OR A PORTION OF THE DUTIES AND RIGHTS UNDER SUCH ALTERNATIVE PROJECT
DELIVERY CONTRACT TO ANOTHER RESPONSIVE AND RESPONSIBLE PROPOSER PURSU-
ANT TO PARAGRAPH 2 OF SUBDIVISION (A) OF THIS SECTION THAT OFFERED THE
BEST VALUE OF THE REMAINING PROPOSERS AND THAT WILL AGREE TO ACCEPT SUCH
AN ASSIGNMENT. THIS PARAGRAPH SHALL NOT BE DEEMED TO PROHIBIT THE USE OF
ANY CONTRACT TERMS OR PROCEDURES PURSUANT TO ANY OTHER PROVISION OF LAW,
INCLUDING BUT NOT LIMITED TO PROVISIONS INCLUDED IN THIS ACT;
(2) A lump sum contract in which the contractor agrees to accept a set
dollar amount for a contract which comprises a single bid without
providing a cost breakdown for all costs such as for equipment, labor,
materials, as well as such contractor's profit for completing all items
of work comprising the public work[.];
(3) INCENTIVE PAYMENTS IDENTIFIED IN THE TEXT OF THE CONTRACT FOR
PERFORMANCE OBJECTIVES; OR
(4) A COMBINATION OF ELEMENTS OF THE CONTRACT TYPES LISTED HEREIN.
§ 5. [Any contract] ALL ALTERNATIVE PROJECT DELIVERY CONTRACTS entered
into pursuant to this act shall include a clause requiring that any
professional services regulated by articles 145, 147 and 148 of the
education law shall be performed and stamped and sealed, where appropri-
ate, by a professional licensed in accordance with the appropriate arti-
cle.
§ 6. Construction with respect to each contract entered into by an
authorized entity pursuant to this act shall be deemed a "public work"
to be performed in accordance with the provisions of article 8 of the
labor law, as well as subject to sections 200, 240, 241 and 242 of such
law and enforcement of prevailing wage requirements pursuant to applica-
ble law or, for projects or public works receiving federal aid, applica-
ble federal requirements for prevailing wage. Any contract entered into
pursuant to this act shall include a clause requiring the selected
[design builder] ENTITY OR TEAM OF ENTITIES to obligate every tier of
contractor working on the public work to comply with the project labor
agreement referenced in section three of this act, and shall include
S. 4008 89 A. 3008
project labor agreement compliance monitoring and enforcement provisions
consistent with the applicable project labor agreement.
§ 5. Subdivisions (c) and (d) of section 9 of chapter 749 of the laws
of 2019, constituting the New York city public works investment act, are
amended to read as follows:
(c) Employees of authorized entities using [design-build] ALTERNATIVE
PROJECT DELIVERY contracts serving in positions in newly created titles
shall be assigned to the appropriate bargaining unit. Nothing contained
in this act shall be construed to affect (1) the existing rights of
employees of such entities pursuant to an existing collective bargaining
agreement, (2) the existing representational relationships among employ-
ee organizations representing employees of such entities, or (3) the
bargaining relationships between such entities and such employee organ-
izations.
(d) Without limiting contractors' obligations under [design-build]
ALTERNATIVE PROJECT DELIVERY contracts to issue their own initial
certifications of substantial completion and final completion, public
employees of authorized entities shall review and determine whether the
work performed by contractors is acceptable and has been performed in
accordance with the applicable [design-build] ALTERNATIVE PROJECT DELIV-
ERY contracts, and if such public employees so determine, such public
employees shall accept contractors' substantial or final completion of
the public works as applicable. Performance by authorized entities of
any review described in this subdivision shall not be construed to modi-
fy or limit contractors' obligations to perform the work in strict
accordance with the applicable [design-build] ALTERNATIVE PROJECT DELIV-
ERY contracts or the contractors' or any subcontractors' obligations or
liabilities under any law.
§ 6. Sections 10, 13 and 14 of chapter 749 of the laws of 2019,
constituting the New York city public works investment act, section 14
as amended by section 4 of part AA of chapter 58 of the laws of 2022,
are amended to read as follows:
§ 10. The submission of a proposal or responses or the execution of a
[design-build] ALTERNATIVE PROJECT DELIVERY contract pursuant to this
act shall not be construed to be a violation of section 6512 of the
education law.
§ 13. A report shall be submitted no later than June 30, 2020 and
annually thereafter, to the governor, the temporary president of the
senate and the speaker of the assembly by the city of New York on behalf
of its agencies, the New York city housing authority, the New York city
school construction authority, and the New York city health and hospi-
tals corporation containing information regarding each [design-build]
ALTERNATIVE PROJECT DELIVERY contract procured pursuant to this act.
Such report shall include a description of each such [design-build]
ALTERNATIVE PROJECT DELIVERY contract, information regarding the
procurement process for each such [design-build] ALTERNATIVE PROJECT
DELIVERY contract including the list of responding entities that demon-
strated the general capability to perform the [design-build] ALTERNATIVE
PROJECT DELIVERY contract pursuant to paragraph [(1)] 1 of subdivision
(a) of section four of this act, IF APPLICABLE, the total cost of each
[design-build] ALTERNATIVE PROJECT DELIVERY contract, an explanation of
the estimated savings resulting from the [design-build] ALTERNATIVE
PROJECT DELIVERY method, and the participation rate of and total dollar
value of monies paid to minority- and women-owned business enterprises
under such [design-build] ALTERNATIVE PROJECT DELIVERY contract.
S. 4008 90 A. 3008
§ 14. This act shall take effect immediately and shall expire and be
deemed repealed eight years after such date, provided that, public works
with requests for qualifications OR REQUESTS FOR PROPOSALS issued prior
to such repeal shall be permitted to continue under this act notwith-
standing such repeal.
§ 7. This act shall take effect immediately, provided that this act
shall not apply to any public work for which a request for proposals was
issued prior to the date on which this act takes effect; and provided
further, that the amendments to the New York city public works invest-
ment act made by sections one, two, three, four, five and six of this
act shall not affect the repeal of such chapter and shall be deemed
repealed therewith.
PART JJ
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 Z of chapter 58 of the
laws of 2022, 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, [2023] 2028.
§ 2. This act shall take effect immediately.
PART KK
Section 1. Subparagraphs (A) and (B) of paragraph 2 of subdivision (a)
of section 2504 of the insurance law are amended, and a new subparagraph
(C) is added to read as follows:
(A) a public corporation or public authority created pursuant to
agreement or compact with another state, [or]
(B) [the city of New York,] a public corporation or public authority,
in connection with the construction of electrical generating and trans-
mission facilities or construction, extensions and additions of light
rail or heavy rail rapid transit and commuter railroads[.], OR
(C) THE CITY OF NEW YORK, THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, THE NEW YORK CITY INDUSTRIAL DEVELOPMENT AGENCY, THE NEW YORK CITY
HEALTH AND HOSPITALS CORPORATION, OR THE NEW YORK CITY HOUSING AUTHORI-
TY.
§ 2. This act shall take effect immediately.
PART LL
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012
amending the public authorities law, relating to authorizing the dormi-
tory authority to enter into certain design and construction management
agreements, as amended by section 1 of part II of chapter 58 of the laws
of 2021, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2023] 2028.
§ 2. The dormitory authority of the state of New York shall provide a
report providing information regarding any project undertaken pursuant
to a design and construction management agreement, as authorized by part
BB of chapter 58 of the laws of 2012, between the dormitory authority of
the state of New York and the department of environmental conservation
and/or the office of parks, recreation and historic preservation to the
S. 4008 91 A. 3008
governor, the temporary president of the senate and speaker of the
assembly. Such report shall include but not be limited to a description
of each such project, the project identification number of each such
project, if applicable, the projected date of completion, the status of
the project, the total cost or projected cost of each such project, and
the location, including the names of any county, town, village or city,
where each such project is located or proposed. In addition, such a
report shall be provided to the aforementioned parties by the first day
of March of each year that the authority to enter into such agreements
pursuant to part BB of chapter 58 of the laws of 2012 is in effect.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2023.
PART MM
Section 1. Subdivision 4-a of section 2222 of the vehicle and traffic
law, as amended by chapter 609 of the laws of 2005, is amended to read
as follows:
4-a. Additional fee. In addition to the other fees provided for in
paragraphs (a), (b) and (c) of subdivision four of this section the
commissioner shall, upon application in such cases for the registration
of a snowmobile or the renewal thereof, collect the annual [ninety] ONE
HUNDRED TWENTY-FIVE dollar fee for residents and [ninety] ONE HUNDRED
TWENTY-FIVE dollar fee for nonresidents [and] OR a [thirty-five] FIFTY-
FIVE dollar fee for residents and [thirty-five] FIFTY-FIVE dollar fee
for nonresidents who provide proof, at the time of registration, that
such individual is a member of an organized New York state snowmobile
club that is a member of the New York state snowmobile association or is
a member of an organized New York state snowmobile club that is a trail
maintenance entity and a member of the New York state snowmobile associ-
ation which are imposed by section 21.07 of the parks, recreation and
historic preservation law. In the event that an individual seeking snow-
mobile club membership is unable, for any reason, to secure such club
membership, he or she may contact the New York state snowmobile associ-
ation, who shall secure such membership for such person. This fee shall
also be collected from dealers at the time of original registration and
at the time of each renewal. The commissioner shall effectuate regu-
lations regarding what is required as proof of membership in an organ-
ized New York state snowmobile club that is a trail maintenance entity
and a member of the New York state snowmobile association for the
purposes of this subdivision.
§ 2. Section 21.07 of the parks, recreation and historic preservation
law, as amended by chapter 609 of the laws of 2005, is amended to read
as follows:
§ 21.07 Fee for snowmobile trail development and maintenance. 1. A fee
of [ninety] ONE HUNDRED TWENTY-FIVE dollars is hereby imposed upon the
resident, and [ninety] ONE HUNDRED TWENTY-FIVE dollars upon the nonresi-
dent, owner of a snowmobile for the snowmobile trail development and
maintenance fund to be paid to the commissioner of motor vehicles upon
the registration thereof in addition to the registration fee required by
the vehicle and traffic law, the payment of which fee hereby imposed
shall be a condition precedent to such individual resident, individual
nonresident or dealer registration.
2. Notwithstanding the fee as established in subdivision one of this
section, an individual resident or nonresident registering a snowmobile
who provides proof at the time of registration, that such individual is
S. 4008 92 A. 3008
a member of an organized New York state snowmobile club that is a member
of the New York state snowmobile association or is a member of an organ-
ized New York state snowmobile club that is a trail maintenance entity
and a member of the New York state snowmobile association, shall pay
[thirty-five] FIFTY-FIVE dollars for each snowmobile for the snowmobile
trail development and maintenance fund in addition to the registration
required by the vehicle and traffic law. In the event that an individual
seeking snowmobile club membership is unable, for any reason, to secure
such club membership, he or she may contact the New York state snowmo-
bile association, who shall secure such membership for such person.
§ 3. Subdivision 3 of section 27.17 of the parks, recreation and
historic preservation law, as amended by section 2 of part G of chapter
82 of the laws of 2002, is amended to read as follows:
3. Every county or, where applicable, any city, town or village within
such county, shall be eligible for a grant for the development and main-
tenance of a system of snowmobile trails and a program with relation
thereto within its boundaries. Such grants shall be made by the commis-
sioner and may constitute up to one hundred percent of the cost of such
program including expenditures incurred for signs and markers of snowmo-
bile trails. Any county or, where applicable, any city, town or village
within such county, applying for such grant shall submit to the commis-
sioner [by September first of each year an estimate of such expenditures
for the current fiscal year, in such form and containing such] informa-
tion as the commissioner may require. No city, town or village may apply
for such grant where the county within which it is contained has submit-
ted an application for the same fiscal year. For the purpose of this
section, "fiscal year" shall mean the period from April first through
March thirty-first. The commissioner shall review all such applications
and shall determine the amount of state aid to be allocated to each
county or, where applicable, any city, town or village within such coun-
ty in accordance with the provisions of subdivision five of this
section. Of the amount the commissioner determines each county or, where
applicable, any city, town or village within such county is eligible to
receive, seventy percent shall be made available for distribution by
November first and thirty percent for distribution upon demonstration of
completion, submitted by June first, of the program.
§ 4. This act shall take effect immediately.
PART NN
Section 1. Subdivision 2 of section 40 of the navigation law, as
amended by chapter 208 of the laws of 2002, is amended to read as
follows:
2. Whistle. Every [mechanically propelled] vessel AND EVERY ROWBOAT,
CANOE AND KAYAK shall be provided with an efficient whistle. The word
"whistle" shall mean any sound producing mechanical appliance, except
sirens, capable of producing a blast of two seconds or more in duration
and of such strength as to be heard plainly for a distance of at least
one-half mile in still weather. A siren whistle may only be attached to
a vessel operated by a police department, fire department or public
utility company, and used only on emergency calls. On vessels less than
thirty-nine feet in length, a mouth whistle capable of producing a blast
of two seconds or more in duration, which can be heard for at least
one-half a mile, may be used.
§ 2. Subdivision 6 of section 40 of the navigation law, as amended by
chapter 186 of the laws of 1962, is amended to read as follows:
S. 4008 93 A. 3008
6. Fire extinguishers required. (a) Every mechanically propelled
vessel as classified and defined by subdivision one of section forty-
three of this article, except outboard motor boats less than twenty-six
feet in length, of open construction, shall carry United States coast
guard approved fire extinguishers in accordance with the following:
Class A motor boats shall carry one [B-1] 5-B fire extinguisher.
Class 1 motor boats shall carry one [B-1] 5-B fire extinguisher.
Class 2 motor boats shall carry two [B-1] 5-B fire extinguishers.
Class 3 motor boats shall carry three [B-1] 5-B fire extinguishers.
Class 4 motor boats shall carry fire extinguishers and other fire
fighting equipment as required by the federal navigation law and rules
and regulations made by the United States coast guard for uninspected
vessels.
(b) One class [B-2] 20-B fire extinguisher may be substituted for two
class [B-1] 5-B fire extinguishers.
(c) When the engine compartment of the motor boat is equipped with a
fixed fire extinguishing system of a United States coast guard approved
type, one less class [B-1] 5-B fire extinguisher is required.
(d) No fire extinguishers of the toxic vaporizing liquid type, includ-
ing those containing carbon tetrachloride and chlorobromomethane extin-
guishing agents shall be approved by the commissioner.
(E) DISPOSABLE FIRE EXTINGUISHERS ARE CONSIDERED EXPIRED TWELVE YEARS
AFTER THEIR DATE OF MANUFACTURE. EXPIRED OR PREVIOUSLY USED FIRE EXTIN-
GUISHERS DO NOT MEET THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION.
§ 3. Section 40 of the navigation law is amended by adding a new
subdivision 13 to read as follows:
13. THE OPERATOR OF A VESSEL UNDER TWENTY-SIX FEET IN LENGTH EQUIPPED
WITH AN ENGINE CUT-OFF SWITCH SHALL USE THE ENGINE CUT-OFF SWITCH WHEN
THE VESSEL IS OPERATING ON PLANE OR ABOVE DISPLACEMENT SPEED. THE USE OF
AN ENGINE CUT-OFF SWITCH SHALL NOT BE REQUIRED WHEN THE OPERATOR IS IN A
FULLY ENCLOSED CABIN.
§ 4. This act shall take effect on January 1, 2024.
PART OO
Section 1. Subdivision 9 of section 103 of the general municipal law,
as amended by chapter 90 of the laws of 2017, subparagraph (ii) of para-
graph (a) as amended by section 1 of part JJ of chapter 58 of the laws
of 2020, is amended to read as follows:
9. (A) Notwithstanding the foregoing provisions of this section to the
contrary, a board of education, on behalf of its school district, or a
board of cooperative educational services, may separately purchase eggs,
livestock, fish, dairy products (excluding milk), juice, grains, and
species of fresh fruit and vegetables directly from New York State
producers or growers, or associations of producers and growers[,
provided that:
(a) (i) such association of producers or growers is comprised of ten
or fewer owners of farms who also operate such farms and who have
combined to fill the order of a school district or board of cooperative
educational services as herein authorized, provided however, that a
school district or board of cooperative educational services may apply
to the commissioner of education for permission to purchase from an
association of more than ten owners of such farms when no other produc-
ers or growers have offered to sell to such school or board of cooper-
ative educational services; or
S. 4008 94 A. 3008
(ii) such association of producers or growers is comprised of owners
of farms who also operate such farms and have combined to fill the order
of a school district or board of cooperative educational services, and
where such order is for one hundred thousand dollars or less as herein
authorized, provided however, that a school district or board of cooper-
ative educational services may apply to the commissioner of education
for permission to purchase orders of more than one hundred thousand
dollars from an association of owners of such farms when no other
producers or growers have offered to sell to such school;
(b) the amount that may be expended by a school district in any fiscal
year for such purchases shall not exceed an amount equal to twenty cents
multiplied by the total number of days in the school year multiplied by
the total enrollment of such school district;
(b-1) the amount that may be expended by a board of cooperative educa-
tional services in any fiscal year for such purchases shall not exceed
an amount equal to twenty cents multiplied by the total number of days
in the school year multiplied by the number of students receiving
services by such board of cooperative educational services at facilities
operated by a board of cooperative educational services;
(c) all] .
(B) ALL such purchases shall be administered pursuant to regulations
promulgated by the commissioner of education. Such regulations shall: be
developed in consultation with the commissioner of agriculture and
markets to accommodate and promote the provisions of the farm-to-school
program established pursuant to subdivision five-b of section sixteen of
the agriculture and markets law and subdivision thirty-one of section
three hundred five of the education law as added by chapter two of the
laws of two thousand two; ensure that the prices paid by a district or
board of cooperative educational services for any items so purchased do
not exceed the prices of comparable local farm products that are avail-
able to districts through their usual purchases of such items; ensure
that all producers and growers who desire to sell to school districts or
boards of cooperative educational services can readily access informa-
tion in accordance with the farm-to-school law; include provisions for
situations when more than one producer or grower seeks to sell the same
product to a district or board of cooperative educational services to
ensure that all such producers or growers have an equitable opportunity
to do so in a manner similar to the usual purchasing practices of such
districts or boards of cooperative educational services; [develop guide-
lines for approval of purchases of items from associations of more than
ten growers and producers;] and, to the maximum extent practicable,
minimize additional paperwork, recordkeeping and other similar require-
ments on both growers and producers and school districts.
§ 2. Subdivision 10 of section 103 of the general municipal law, as
added by chapter 848 of the laws of 1983, is amended to read as follows:
10. Notwithstanding the foregoing provisions of this section to the
contrary, a board of education may, on behalf of its school district,
separately purchase milk PRODUCED IN NEW YORK STATE, directly from
licensed milk processors [employing less than forty people] pursuant to
the provisions of this subdivision. [The amount that may be expended by
a school district in any fiscal year pursuant to this section shall not
exceed an amount equal to twenty-five cents multiplied by the total
number of days in the school year multiplied by the total enrollment of
such school district.] All purchases made pursuant to this subdivision
shall be administered pursuant to regulations promulgated by the commis-
sioner of education. The regulations promulgated by the commissioner of
S. 4008 95 A. 3008
education shall ensure that the prices paid by a school district for
items purchased pursuant to this subdivision do not exceed the market
value of such items and that all licensed processors who desire to sell
to a school district pursuant to this subdivision have equal opportu-
nities to do so.
§ 3. Section 103 of the general municipal law is amended by adding a
new subdivision 10-a to read as follows:
10-A. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION OR ANY
OTHER PROVISION OF THE LAW TO THE CONTRARY, ANY OFFICER, BOARD OR AGENCY
OF A POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN, BOARD OF EDUCA-
TION, ON BEHALF OF A SCHOOL DISTRICT, OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES MAY PURCHASE FOOD, INCLUDING MILK AND MILK PRODUCTS AND
FOOD PRODUCTS, GROWN, PRODUCED, OR HARVESTED, IN NEW YORK STATE IN AN
AMOUNT NOT EXCEEDING TWO HUNDRED FIFTY THOUSAND DOLLARS WITHOUT A FORMAL
COMPETITIVE PROCESS.
§ 4. Section 103 of the general municipal law is amended by adding a
new subdivision 10-b to read as follows:
10-B. EACH BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR ANY DISTRICT
THEREIN, BOARD OF EDUCATION, ON BEHALF OF A SCHOOL DISTRICT, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL REPORT TO THE OFFICE OF GENERAL
SERVICES AND DEPARTMENT OF AGRICULTURE AND MARKETS ON AN ANNUAL BASIS
THE TOTAL DOLLAR VALUE PROCURED OF FOOD, INCLUDING MILK AND MILK
PRODUCTS AND FOOD PRODUCTS, GROWN, PRODUCED, OR HARVESTED IN NEW YORK NO
LATER THAN MARCH THIRTY-FIRST FOR THE PREVIOUS CALENDAR YEAR.
§ 5. This act shall take effect immediately.
PART PP
Section 1. This act shall be known and may be cited as the "waste
reduction and recycling infrastructure act".
§ 2. Legislative intent. The legislature hereby finds and declares
that the amount of waste generated in New York is a threat to the envi-
ronment. The legislature further finds and declares that it is in the
public interest of the state of New York for packaging and paper
products producers to take responsibility for the development and imple-
mentation of strategies to promote reduction, reuse, recovery, and recy-
cling of packaging and paper products through investments in the end-of-
product-life management of products.
§ 3. Article 27 of the environmental conservation law is amended by
adding a new title 34 to read as follows:
TITLE 34
WASTE REDUCTION AND RECYCLING INFRASTRUCTURE ACT
SECTION 27-3401. DEFINITIONS.
27-3403. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND
PAPER PRODUCTS PROGRAM.
27-3405. ADVISORY COMMITTEE.
27-3407. POST-CONSUMER RECYCLED CONTENT, RECOVERY, RECYCLING,
AND SOURCE REDUCTION RATES.
27-3409. PRODUCER RESPONSIBILITY PROGRAM PLAN.
27-3411. REPORTING REQUIREMENTS AND AUDITS.
27-3413. ANTITRUST PROTECTIONS.
27-3415. PENALTIES.
27-3417. STATE PREEMPTION.
27-3419. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
27-3421. SEVERABILITY.
§ 27-3401. DEFINITIONS.
S. 4008 96 A. 3008
WHEN USED IN THIS TITLE:
1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR MARK THAT IDENTIFIES A PROD-
UCT, RATHER THAN ITS COMPONENTS, AND ATTRIBUTES THE PRODUCT TO THE OWNER
OF THE BRAND.
2. "COMPOSTABILITY" MEANS THE CAPABILITY TO UNDERGO AEROBIC BIOLOGICAL
DECOMPOSITION IN A CONTROLLED COMPOSTING SYSTEM AS DEMONSTRATED BY MEET-
ING ASTMD6400 OR ASTMD6868, OR ANY SUCCESSOR STANDARDS AND WILL PRODUCE
A MARKETABLE PRODUCT.
3. "CONSUMER" MEANS ANY PERSON LOCATED IN THE STATE, WHO OWNS OR USES
PACKAGING AND PAPER PRODUCTS, INCLUDING, BUT NOT LIMITED TO, A PERSON
RESIDING IN A SINGLE OR MULTI-FAMILY RESIDENTIAL UNIT, A SCHOOL, STATE
OR LOCAL AGENCY, BUSINESS, OR INSTITUTION.
4. "DEPARTMENT" MEANS THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
5. "EXTENDED PRODUCER RESPONSIBILITY PROGRAM" MEANS A PROGRAM FINANCED
AND IMPLEMENTED BY PRODUCERS, EITHER INDIVIDUALLY, OR COLLECTIVELY
THROUGH A PRODUCER RESPONSIBILITY ORGANIZATION, THAT PROVIDES FOR, BUT
IS NOT LIMITED TO, THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING,
PROPER END-OF-LIFE MANAGEMENT, OR AN APPROPRIATE COMBINATION THEREOF, OF
UNWANTED PACKAGING AND PAPER PRODUCTS.
6. "PACKAGING AND PAPER PRODUCTS" COVERED BY THIS TITLE INCLUDE, BUT
ARE NOT LIMITED TO, THE FOLLOWING:
(A) PACKAGING MEANS ANY PART OF A PACKAGE OR CONTAINER, REGARDLESS OF
RECYCLABILITY OR COMPOSTABILITY, INCLUDING, BUT NOT LIMITED TO, SUCH
MATERIAL TYPES AS PAPER, PLASTIC, GLASS, OR METAL, THAT IS USED:
(I) FOR THE CONTAINMENT, PROTECTION, HANDLING, DELIVERY, SERVING, AND
PRESENTATION OF GOODS THAT ARE SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO
CONSUMERS IN THE STATE, INCLUDING THROUGH AN INTERNET TRANSACTION;
(II) AS SECONDARY PACKAGING INTENDED FOR THE CONSUMER MARKET;
(III) AS TERTIARY PACKAGING USED FOR TRANSPORTATION OR DISTRIBUTION
DIRECTLY TO A CONSUMER OR RETAILER; OR
(IV) ORDINARILY DISPOSED OF AFTER FOR A SINGLE OR SHORT-TERM USE.
(B) PAPER PRODUCTS MEANS:
(I) PAPER AND OTHER CELLULOSIC FIBERS, WHETHER OR NOT THEY ARE USED AS
A MEDIUM FOR TEXT OR IMAGES, EXCEPT BOUND BOOKS;
(II) CONTAINERS OR PACKAGING USED TO DELIVER PRINTED MATTER DIRECTLY
TO THE ULTIMATE CONSUMER OR RECIPIENT; OR
(III) PAPER OF ANY DESCRIPTION, INCLUDING BUT NOT LIMITED TO: FLYERS;
BROCHURES; BOOKLETS; CATALOGS; TELEPHONE DIRECTORIES; PAPER FIBER; CARD-
BOARD; AND PAPER USED FOR WRITING OR ANY OTHER PURPOSE.
(C) FOR THE PURPOSE OF THIS TITLE, THE PACKAGING AND PAPER PRODUCTS
COVERED DESIGNATION DOES NOT INCLUDE THE FOLLOWING:
(I) PACKAGING OR PAPER PRODUCTS THAT COULD BECOME UNSAFE OR UNSANITARY
TO RECYCLE BY VIRTUE OF THEIR ANTICIPATED USE, AS DETERMINED BY THE
DEPARTMENT;
(II) LITERARY, TEXT, AND REFERENCE BOUND BOOKS;
(III) NEWSPAPERS, MAGAZINES, AND PERIODICALS;
(IV) BEVERAGE CONTAINERS SUBJECT TO TITLE TEN OF THIS ARTICLE;
(V) PACKAGING THAT IS USED EXCLUSIVELY IN INDUSTRIAL OR MANUFACTURING
PROCESSES;
(VI) MEDICAL DEVICES AND PACKAGING, OR PAPER USED TO CONTAIN AND WHICH
ARE INCLUDED WITH PRODUCTS REGULATED AS A DRUG, MEDICAL DEVICE OR
DIETARY SUPPLEMENT BY THE U.S. FOOD AND DRUG ADMINISTRATION UNDER THE
FEDERAL FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. 321 ET SEQ., SEC. 3.2(E)
OF 21 U.S. CODE OF FEDERAL REGULATIONS OR THE DIETARY SUPPLEMENT HEALTH
AND EDUCATION ACT;
S. 4008 97 A. 3008
(VII) ANIMAL BIOLOGICS, INCLUDING VACCINES, BACTERINS, ANTISERA, DIAG-
NOSTIC KITS, AND OTHER PRODUCTS OF BIOLOGICAL ORIGIN, AND OTHER COVERED
MATERIALS REGULATED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE UNDER
THE VIRUS, SERUM, TOXIN ACT, 21 U.S.C. 151-159;
(VIII) PACKAGING PRODUCTS USED TO CONTAIN, AND PAPER PRODUCTS WHICH
ARE INCLUDED WITH, SUBSTANCES HAZARDOUS TO THE ENVIRONMENT, REGULATED
PURSUANT TO SECTION 37-0103 OF THIS CHAPTER, OR PACKAGING PRODUCTS REGU-
LATED BY THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT, 7
U.S.C. SEC. 136 ET SEQ. OR OTHER APPLICABLE FEDERAL LAW, RULE OR REGU-
LATION;
(IX) ARCHITECTURAL PAINT CONTAINERS COLLECTED AND MANAGED PURSUANT TO
TITLE TWENTY OF THIS ARTICLE;
(X) A MATERIAL, OR A CATEGORY OF MATERIAL, INTENDED TO BE USED FOR
LONG-TERM STORAGE OR PROTECTION OF A DURABLE PRODUCT THAT CAN BE
EXPECTED TO BE USABLE FOR THAT PURPOSE FOR A PERIOD OF AT LEAST FIVE
YEARS AS DEFINED BY THE DEPARTMENT PURSUANT TO REGULATIONS; AND
(XI) REUSABLE PACKAGING STILL FUNCTIONING FOR ITS INTENDED PURPOSE.
7. "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN, VILLAGE, LOCAL PUBLIC
AUTHORITY OR BENEFIT CORPORATION, OR SOLID WASTE MANAGEMENT DISTRICT
WITHIN THE STATE OF NEW YORK.
8. "POST-CONSUMER RECYCLED CONTENT" MEANS THE CONTENT OF A PRODUCT
MADE FROM MATERIALS THAT HAVE SERVED THEIR INTENDED END USE AS CONSUMER
ITEMS AND THAT HAVE BEEN SEPARATED OR DIVERTED FROM THE WASTE STREAM FOR
THE PURPOSES OF COLLECTION AND RECYCLING AS A SECONDARY MATERIAL FEEDS-
TOCK. SUCH MATERIALS MAY ALSO INCLUDE RETURNS OF MATERIAL FROM THE
DISTRIBUTION CHAIN. POST-CONSUMER RECYCLED CONTENT DOES NOT INCLUDE
WASTE MATERIAL GENERATED BY A MANUFACTURER DURING OR AFTER THE
COMPLETION OF A MANUFACTURING PROCESS.
9. (A) "PRODUCER" MEANS AN ENTITY THAT SHALL BE DETERMINED TO BE THE
PRODUCER, FOR THE PURPOSES OF THIS TITLE, BASED ON THE FOLLOWING HIERAR-
CHY:
(I) THE PERSON OR COMPANY WHO USES THE PACKAGING OR PAPER PRODUCT
UNDER SUCH PERSON'S OWN NAME OR BRAND AND WHO SELLS OR OFFERS FOR SALE A
PRODUCT THAT USES THE PACKAGING OR PAPER PRODUCT IN THE STATE; OR
(II) THE PERSON WHO IMPORTS THE PACKAGING OR PAPER PRODUCT AS THE
OWNER OR LICENSEE OF A TRADEMARK OR BRAND UNDER WHICH THE PACKAGING OR
PAPER PRODUCTS ARE SOLD OR DISTRIBUTED IN THE STATE; OR
(III) THE PERSON OR COMPANY THAT OFFERS FOR SALE, SELLS, OR DISTRIB-
UTES A PRODUCT THAT USES THE PACKAGING OR PAPER PRODUCT IN THE STATE.
(B) FOR PURPOSES OF THIS TITLE, A PRODUCER SHALL NOT INCLUDE THOSE
THAT:
(I) IN THE MOST RECENT CALENDAR YEAR, HAVE GROSS SALES OF LESS THAN
ONE MILLION DOLLARS IN THE STATE;
(II) IN THE MOST RECENT CALENDAR YEAR, GENERATE LESS THAN ONE TON OF
PACKAGING AND PAPER PRODUCTS SUPPLIED TO NEW YORK STATE CONSUMERS PER
YEAR;
(III) OPERATE AS A SINGLE POINT OF RETAIL SALE;
(IV) A PERSON OR COMPANY WHO PRODUCES, HARVESTS, AND PACKAGES A RAW
AGRICULTURAL COMMODITY ON THE SITE WHERE THE AGRICULTURAL COMMODITY WAS
GROWN OR RAISED;
(V) ARE A MUNICIPALITY, LOCAL GOVERNMENT PLANNING UNIT, STATE GOVERN-
MENT, OR FEDERAL GOVERNMENT; OR
(VI) A REGISTERED 501(C)(3) CHARITABLE ORGANIZATION OR 501(C)(4)
SOCIAL WELFARE ORGANIZATION.
(C) IF MORE THAN ONE PERSON IS A PRODUCER OF A BRAND OF PACKAGING OR
PAPER PRODUCT, ANY SUCH PERSON MAY ASSUME RESPONSIBILITY FOR OBLIGATIONS
S. 4008 98 A. 3008
OF A PRODUCER OF THAT BRAND UNDER THIS TITLE. IF NONE OF THOSE PERSONS
ASSUME RESPONSIBILITY FOR THE OBLIGATIONS OF A PRODUCER UNDER THIS
TITLE, ANY AND ALL SUCH PERSONS JOINTLY AND SEVERALLY MAY BE CONSIDERED
THE RESPONSIBLE PRODUCER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
10. "PRODUCER RESPONSIBILITY ORGANIZATION" MEANS A NOT-FOR-PROFIT
ORGANIZATION DESIGNATED BY A GROUP OF PRODUCERS TO ACT AS AN AGENT ON
BEHALF OF EACH PARTICIPATING PRODUCER TO DEVELOP AND IMPLEMENT A PRODUC-
ER RESPONSIBILITY PROGRAM. TO THE EXTENT APPLICABLE, A PRODUCER RESPON-
SIBILITY ORGANIZATION SHALL HAVE A GOVERNING BOARD THAT REPRESENTS THE
DIVERSITY OF PRODUCERS AND THE COVERED MATERIALS AND PRODUCT TYPES, AND
SUCH BOARD SHALL INCLUDE NON-VOTING MEMBERS REPRESENTING A DIVERSITY OF
MATERIAL TRADE ASSOCIATIONS.
11. "READILY-RECYCLABLE" MEANS A TYPE OF PACKAGING OR PAPER PRODUCT
INCLUDED IN THE MINIMUM RECYCLABLES LIST ESTABLISHED PURSUANT TO SECTION
27-3403 OF THIS TITLE.
12. "RECOVERY RATE" MEANS THE AMOUNT OF PACKAGING OR PAPER PRODUCTS
COLLECTED AND RECOVERED FOR REUSE OR RECYCLING OVER A PROGRAM YEAR BY
MATERIAL TYPE, DIVIDED BY THE AMOUNT OF PACKAGING OR PAPER PRODUCTS SOLD
INTO THE STATE, BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
13. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN DISCARDED PACKAGING AND PAPER
PRODUCTS FOR THE PURPOSE OF PREPARING THE MATERIALS, COMPONENTS, OR
COMMODITIES FOR USE OR REUSE IN NEW PRODUCTS OR COMPONENTS. "RECYCLING"
DOES NOT INCLUDE: (A) ENERGY RECOVERY OR ENERGY GENERATION BY ANY MEANS,
INCLUDING BUT NOT LIMITED TO, COMBUSTION, INCINERATION, PYROLYSIS, GASI-
FICATION, SOLVOLYSIS, WASTE TO FUEL OR ANY CHEMICAL CONVERSION PROCESS;
OR (B) LANDFILL DISPOSAL OF DISCARDED COMPONENT MATERIALS.
14. "RECYCLING COLLECTION" MEANS A RECYCLING PROGRAM THAT SERVES RESI-
DENTIAL UNITS, SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES, BUSINESSES, OR
INSTITUTIONS, WHERE SUCH SCHOOLS, FEDERAL, STATE OR LOCAL AGENCIES,
BUSINESSES, OR INSTITUTIONS WERE ELIGIBLE TO BE SERVED UNDER A CONTRACT
WITH A MUNICIPALITY OR BY A MUNICIPALITY OR BY A PRIVATE SECTOR HAULER
AS OF THE EFFECTIVE DATE OF THIS TITLE, AND SUCH RECYCLING PROGRAM IS
EITHER OPERATED BY A MUNICIPALITY OR PURSUANT TO A CONTRACT WITH THE
MUNICIPALITY, OR BY A PRIVATE SECTOR HAULER, OR OTHER PUBLIC AGENCY OR
IDENTIFIED THROUGH APPROVED LOCAL SOLID WASTE MANAGEMENT PLANS.
15. "RECYCLING RATE" MEANS THE AMOUNT OF DISCARDED PACKAGING AND PAPER
PRODUCTS THAT IS MANAGED THROUGH RECYCLING, AS DEFINED BY THIS TITLE,
AND IS COMPUTED BY DIVIDING THE AMOUNT OF DISCARDED PACKAGING AND PAPER
PRODUCTS COLLECTED AND RECYCLED, BY MATERIAL TYPE, BY THE TOTAL AMOUNT
OF DISCARDED PACKAGING AND PAPER PRODUCTS COLLECTED OVER A PROGRAM YEAR,
BY MATERIAL TYPE, EXPRESSED AS PERCENTAGES.
16. "REUSABLE" MEANS DESIGNED WITH THE INTENT TO BE REPEATEDLY
REFILLED OR REUSED FOR THE SAME OR SIMILAR PURPOSE FOR WHICH IT WAS
CREATED FOR; COMPLIANT WITH ANY STATUTORY OR REGULATORY REQUIREMENTS FOR
TOXIC SUBSTANCES; AND SAFE FOR WASHING AND SANITIZING ACCORDING TO
APPLICABLE STATE FOOD SAFETY LAWS.
17. "SOURCE REDUCTION" MEANS ANY ACTION WHICH CAUSES THE ELIMINATION
OF OR A NET REDUCTION IN THE GENERATION OF SOLID WASTE AND INCLUDES, BUT
IS NOT LIMITED TO, REDUCING THE USE OF NONRECYCLABLE MATERIALS, REPLAC-
ING DISPOSABLE MATERIALS AND PRODUCTS WITH REUSABLE OR REFILLABLE MATE-
RIALS AND PRODUCTS, REDUCING PACKAGING, AND INCREASING THE EFFICIENCY OF
THE USE OF MATERIALS. SOURCE REDUCTION DOES NOT INCLUDE REPLACING A
RECYCLABLE OR COMPOSTABLE MATERIAL WITH A NONRECYCLABLE OR NONCOMPOSTA-
BLE MATERIAL OR A MATERIAL THAT IS LESS LIKELY TO BE RECYCLED OR
COMPOSTED.
S. 4008 99 A. 3008
18. "UNIT" MEANS EACH DISCRETE COMPONENT OF A PACKAGE OR CONTAINER.
§ 27-3403. NEEDS ASSESSMENT AND ESTABLISHMENT OF A PACKAGING AND PAPER
PRODUCTS PROGRAM.
1. THE DEPARTMENT SHALL, SUBJECT TO AVAILABLE APPROPRIATIONS, PREPARE
OR CAUSE TO BE PREPARED ONE OR MORE STATEWIDE NEEDS ASSESSMENTS
DESIGNED TO DETERMINE THE NECESSARY STEPS AND INVESTMENT NEEDED TO
ACHIEVE THE REQUIREMENTS OF THIS TITLE. AN INITIAL NEEDS ASSESSMENT
SHALL BE COMPLETED BY THE DEPARTMENT, THEIR CONTRACTORS, OR AN INDEPEND-
ENT THIRD PARTY, PRIOR TO THE APPROVAL OF ANY PRODUCER RESPONSIBILITY
PROGRAM PLAN.
2. THE NEEDS ASSESSMENT SHALL BE UPDATED EVERY FIVE YEARS OR AS NECES-
SARY, TO REEVALUATE THE PROGRAM AND IDENTIFY ANY RELEVANT SERVICE NEEDS
IN THE STATE THAT ARE NOT BEING MET BY THE PROGRAM. THE DEPARTMENT OR
THE THIRD-PARTY CONTRACTOR SHALL CONSULT WITH THE PRODUCER RESPONSIBIL-
ITY ORGANIZATION AND LOCAL JURISDICTIONS WHEN DEVELOPING SUCH UPDATED
NEEDS ASSESSMENTS.
3. BY JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, EACH PRODUCER OF PACK-
AGING AND PAPER PRODUCTS AS DEFINED IN SECTION 27-3401 OF THIS TITLE
SHALL SUBMIT A REGISTRATION FORM WITH THE DEPARTMENT OR THEIR CONTRAC-
TORS. THE REGISTRATION FORM, AS DEVELOPED BY THE DEPARTMENT, SHALL
INCLUDE THE FOLLOWING INFORMATION:
(A) THE PRODUCER'S NAME, ELECTRONIC AND PHYSICAL ADDRESS, AND TELE-
PHONE NUMBER;
(B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
DESIGNATED AS THE PRODUCER'S CONTACT FOR PURPOSES OF THIS TITLE;
(C) A LIST IDENTIFYING THE PRODUCER'S PACKAGING AND PAPER PRODUCT
BRANDS;
(D) ESTIMATED SALES DATA; AND
(E) OTHER INFORMATION AS DETERMINED BY THE DEPARTMENT.
4. EACH PRODUCER REGISTRATION FORM, SHALL BE ACCOMPANIED BY AN INITIAL
PRODUCER REGISTRATION FEE AS FOLLOWS:
(A) FIVE HUNDRED DOLLARS FOR PRODUCERS WITH GROSS SALES OF LESS THAN
FIVE MILLION DOLLARS IN THE STATE IN THE MOST RECENT CALENDAR YEAR;
(B) ONE THOUSAND DOLLARS FOR PRODUCERS WITH GROSS SALES OF GREATER
THAN FIVE MILLION DOLLARS BUT LESS THAN TWENTY MILLION DOLLARS IN THE
STATE IN THE MOST RECENT CALENDAR YEAR;
(C) TEN THOUSAND DOLLARS FOR PRODUCERS WITH GROSS SALES OF GREATER
THAN TWENTY MILLION DOLLARS AND LESS THAN FIFTY MILLION DOLLARS IN THE
MOST RECENT CALENDAR YEAR; AND
(D) TWENTY-FIVE THOUSAND DOLLARS FOR PRODUCERS WITH GROSS SALES OF
GREATER THAN FIFTY MILLION DOLLARS IN THE MOST RECENT CALENDAR YEAR.
5. EACH PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION THAT FILES A
PLAN WITH THE DEPARTMENT SHALL SUBMIT A REGISTRATION FORM AND PLAN
IMPLEMENTATION REGISTRATION AND ADMINISTRATIVE FEE ON BEHALF OF ALL
PRODUCERS PARTICIPATING IN THE PROGRAM. IF A PRODUCER IS NOT PARTICIPAT-
ING IN A PRODUCER RESPONSIBILITY ORGANIZATION PROGRAM, THEY MUST FILE A
REGISTRATION FORM AND PAY A PLAN IMPLEMENTATION AND ADMINISTRATIVE FEE
INDEPENDENTLY. THE DEPARTMENT SHALL PROMULGATE AN INDIVIDUAL PRODUCER
AND PRODUCER RESPONSIBILITY PLAN IMPLEMENTATION AND ADMINISTRATIVE FEE
SCHEDULE FOR COSTS ASSOCIATED WITH THE IMPLEMENTATION, ADMINISTRATION,
AND ENFORCEMENT OF THIS TITLE. THE DEPARTMENT SHALL PERIODICALLY EVALU-
ATE THE AMOUNT OF THE PLAN IMPLEMENTATION AND ADMINISTRATIVE FEES AND
MAKE A DETERMINATION IF THE FEES SHOULD BE ADJUSTED BASED ON ACTUAL
DEPARTMENT COSTS TO ADMINISTER THE PROGRAM.
S. 4008 100 A. 3008
6. ALL FEES COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO
THE WASTE REDUCTION, REUSE, AND RECYCLING FUND ESTABLISHED PURSUANT TO
SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
7. BY JUNE FIRST, TWO THOUSAND TWENTY-FOUR, AN ADVISORY COMMITTEE
SHALL BE ESTABLISHED AND BEGIN PERFORMING ITS OBLIGATIONS PURSUANT TO
SECTION 27-3405 OF THIS TITLE.
8. (A) BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX, EACH PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY
PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A PRODUCER RESPONSI-
BILITY PROGRAM PLAN TO THE DEPARTMENT FOR APPROVAL AND BEGIN PROGRAM
IMPLEMENTATION WITHIN SIX MONTHS OF PLAN APPROVAL.
(B) ANY PERSON THAT BECOMES A PRODUCER AFTER JANUARY FIRST, TWO THOU-
SAND TWENTY-SIX, SHALL SUBMIT AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM PLAN WITHIN SIX MONTHS AND BEGIN PROGRAM IMPLEMENTATION
WITHIN SIX MONTHS OF PLAN APPROVAL, OR JOIN A PRODUCER RESPONSIBILITY
ORGANIZATION.
9. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, NO PRODUCER
SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE PACKAGING OR PAPER PRODUCTS
FOR USE IN NEW YORK UNLESS THE PRODUCER, OR ITS DESIGNATED PRODUCER
RESPONSIBILITY ORGANIZATION, HAS A PRODUCER RESPONSIBILITY PROGRAM PLAN
APPROVED BY THE DEPARTMENT. PRODUCERS MAY SATISFY PARTICIPATION OBLI-
GATIONS INDIVIDUALLY OR JOINTLY WITH OTHER PRODUCERS THROUGH A PRODUCER
RESPONSIBILITY ORGANIZATION.
10. TO ADDRESS PROGRAM PERFORMANCE, PRODUCERS SHALL BE REQUIRED TO
EVALUATE HOW THEY ARE MEETING THE MINIMUM SOURCE REDUCTION, MINIMUM
POST-CONSUMER RECYCLED CONTENT RATE, MINIMUM RECOVERY RATE, AND MINIMUM
RECYCLING RATE FOR PACKAGING AND PAPER MATERIAL TYPES AS ESTABLISHED IN
THIS TITLE.
11. (A) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER
RESPONSIBILITY PROGRAM OR A PRODUCER RESPONSIBILITY ORGANIZATION SHALL
ADOPT A MINIMUM RECYCLABLES LIST, WHICH LISTS THE MINIMUM TYPES OF
RECYCLABLE PAPER PRODUCTS AND PACKAGING BASED ON AVAILABLE COLLECTION
AND PROCESSING INFRASTRUCTURE AND RECYCLING MARKETS FOR COVERED MATERI-
ALS AND PRODUCTS, AS IDENTIFIED IN THE NEEDS ASSESSMENT AND SUBSEQUENT
REPORTS. SUCH A LIST SHALL BE APPROVED BY THE DEPARTMENT PRIOR TO ITS
ADOPTION. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER
RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL
EVALUATE THE LIST ON AN ANNUAL BASIS, AND UPDATE IT AS NECESSARY IN
CONSULTATION WITH THE ADVISORY COMMITTEE AND AS APPROVED BY THE DEPART-
MENT, IN RESPONSE TO COLLECTION AND PROCESSING IMPROVEMENTS AND CHANGES
IN RECYCLING END MARKETS. IF THERE ARE MULTIPLE LISTS, THE DEPARTMENT
SHALL COMPILE THE LISTS AND SHALL PUBLISH A COMPILED LIST TO THE PUBLIC.
SUCH LISTS MAY VARY BY GEOGRAPHIC REGION DEPENDING ON REGIONAL MARKETS
AND REGIONAL COLLECTION AND PROCESSING INFRASTRUCTURE AS DETERMINED BY
THE DEPARTMENT.
(B) ALL MUNICIPALITIES OR PRIVATE ENTITIES SHALL PROVIDE FOR THE
COLLECTION AND RECOVERY OF ALL IDENTIFIED MATERIALS AND PRODUCTS
CONTAINED ON THE MINIMUM RECYCLABLES LIST IN A MANNER THAT ALLOWS FOR
THE MARKETABILITY OF THE COLLECTED RECYCLABLES, BASED ON GEOGRAPHIC
REGIONS, AS APPLICABLE, IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT;
PROVIDED, HOWEVER, NOTHING SHALL PENALIZE A MUNICIPALITY OR PRIVATE
RECYCLING SERVICE FOR RECOVERING AND RECYCLING MATERIALS THAT ARE GENER-
ATED IN THE MUNICIPALITY OR GEOGRAPHIC REGION THAT ARE NOT INCLUDED ON
THE LIST OF MINIMUM TYPES OF RECYCLABLE COVERED MATERIALS OR PRODUCTS SO
LONG AS IT CAN BE DEMONSTRATED THAT SUCH MATERIALS HAVE A MARKET AS
DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE PRODUCER IMPLE-
S. 4008 101 A. 3008
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION. REIMBURSEMENT SHALL COVER
COLLECTION, RECOVERY, AND PROCESSING OF ALL COVERED MATERIALS AND
PRODUCTS SO LONG AS THE PROGRAM INCLUDES AT LEAST THE MINIMUM RECYCLA-
BLES LIST.
(C) THE DEPARTMENT MAY GRANT A WAIVER OF THE REQUIREMENTS IN PARAGRAPH
(B) OF THIS SUBDIVISION UPON A WRITTEN SHOWING BY THE MUNICIPALITY OR
PRIVATE ENTITY THAT COMPLIANCE WITH SUCH REQUIREMENT IS NOT PRACTICABLE
FOR A SPECIFIC IDENTIFIED PRODUCT OR MATERIAL. THE WAIVER GRANTED BY THE
DEPARTMENT SHALL NOT EXCEED TWELVE MONTHS.
12. NO PERSON MAY CHARGE A CONSUMER A DIRECT POINT-OF-SALE OR DIRECT
POINT-OF-COLLECTION FEE TO RECOUP THE COSTS ASSOCIATED WITH MEETING THE
OBLIGATIONS UNDER THIS TITLE.
§ 27-3405. ADVISORY COMMITTEE.
1. THE COMMISSIONER SHALL APPOINT MEMBERS TO THE ADVISORY COMMITTEE,
WHICH SHALL BE COMPRISED OF AN ODD NUMBER OF MEMBERS, SUCH MEMBERS SHALL
INCLUDE:
(A) AN ASSOCIATION REPRESENTING MUNICIPALITIES AND AN ADDITIONAL
MUNICIPAL REPRESENTATIVE FROM A CITY WITH A POPULATION OF ONE MILLION OR
MORE RESIDENTS;
(B) A MUNICIPAL RECYCLING PROGRAM;
(C) TWO REPRESENTATIVES FROM ENVIRONMENTAL ORGANIZATIONS;
(D) AN ENVIRONMENTAL JUSTICE COMMUNITY OR ORGANIZATION;
(E) A STATEWIDE WASTE RECYCLING AND DISPOSAL ASSOCIATION;
(F) A RECYCLABLES HANDLING AND RECOVERY FACILITY LOCATED WITHIN THE
STATE OF NEW YORK;
(G) A RECYCLING COLLECTION PROVIDER;
(H) A MANUFACTURER OF PACKAGING MATERIALS UTILIZING POST-CONSUMER
RECYCLED CONTENT;
(I) A MANUFACTURER OF PAPER MATERIALS UTILIZING POST-CONSUMER RECYCLED
CONTENT;
(J) A REPRESENTATIVE OF AN AGRICULTURE ORGANIZATION;
(K) A REPRESENTATIVE FROM THE COMPOSTING INDUSTRY;
(L) A CONSUMER ADVOCATE; AND
(M) A PUBLIC HEALTH SPECIALIST.
NONVOTING MEMBERS SHALL INCLUDE A REPRESENTATIVE FROM EACH OF THE
FOLLOWING: THE RETAIL SECTOR; THE GROCERY SECTOR; AND A PRODUCER OF
PACKAGING PRODUCTS, A PRODUCER OF PAPER PRODUCTS, AND A PRODUCER RESPON-
SIBILITY ORGANIZATION ESTABLISHED UNDER THIS TITLE.
2. THE ADVISORY COMMITTEE SHALL SELECT A CHAIR FROM AMONG THE
MEMBERS. THE CHAIR WILL BE RESPONSIBLE FOR SELECTING SECRETARIAL SUPPORT
FOR THE ADVISORY COMMITTEE.
3. THE ADVISORY COMMITTEE SHALL BE CONSULTED AS NEEDED, BUT AT LEAST
ONCE, DURING THE DEVELOPMENT OF THE PRODUCER RESPONSIBILITY PROGRAM
PLAN, PRIOR TO ANY UPDATE TO THE PRODUCER RESPONSIBILITY PROGRAM PLAN,
AND PRIOR TO THE SUBMISSION OF AN ANNUAL REPORT.
4. EACH PRODUCER RESPONSIBILITY PLAN PREPARED BY A PRODUCER IMPLEMENT-
ING AN INDIVIDUAL EXTENDED PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZA-
TION PURSUANT TO THIS TITLE SHALL BE SUBMITTED TO THE ADVISORY COMMITTEE
FOR ITS REVIEW AND COMMENTS ON WHETHER THE PLAN MEETS THE CRITERIA AND
OBJECTIVES OF THIS TITLE.
5. THE ADVISORY COMMITTEE SHALL REVIEW THE SUBMITTED ANNUAL REPORTS
AND MAKE SUCH RECOMMENDATIONS TO THE DEPARTMENT AND THE PRODUCER RESPON-
SIBILITY ORGANIZATION FOR IMPROVING THE PLAN WITHIN SIXTY DAYS OF
SUBMISSION.
S. 4008 102 A. 3008
6. THE DECISIONS OF THE ADVISORY COMMITTEE SHALL BE BY A VOTE OF THE
MAJORITY OF ITS MEMBERSHIP.
7. MEMBERS OF THE ADVISORY COMMITTEE SHALL BE REIMBURSED FOR ANY
NECESSARY TRAVEL EXPENSES, RELATED TO PARTICIPATING ON THE ADVISORY
COMMITTEE, BY THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER
RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION. MEMBERS
OF THE ADVISORY COMMITTEE SHALL RECEIVE NO SALARY FROM A PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION. THE COSTS FOR SECRETARIAL SUPPORT
TO THE ADVISORY COMMITTEE SHALL BE PAID FOR BY THE PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION.
§ 27-3407. POST-CONSUMER RECYCLED CONTENT, RECOVERY, RECYCLING, AND
SOURCE REDUCTION RATES.
1. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER
OF PACKAGING PRODUCTS SHALL MEET THE FOLLOWING MINIMUM POST-CONSUMER
RECYCLED CONTENT RATES, AS APPLICABLE, FOR THE MATERIAL TYPES STATED
BELOW:
(A) ALL GLASS PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A
PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST THIRTY-FIVE PERCENT POST-
CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF
POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY FIVE PERCENT, UNTIL
REACHING FIFTY PERCENT.
(B) ALL METAL PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE BY A
PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST FIFTY PERCENT POST-CONSUMER
RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CON-
SUMER RECYCLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL REACHING
NINETY PERCENT.
(C) ALL RIGID PLASTIC PACKAGING SOLD OR OFFERED FOR SALE IN THE STATE
BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TWENTY PERCENT POST-
CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF
POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL
REACHING FIFTY PERCENT.
(D) ALL NON-RIGID PLASTIC PACKAGING SOLD OR OFFERED FOR SALE IN THE
STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST TEN PERCENT
POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT
OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY FIVE PERCENT, UNTIL
REACHING FORTY PERCENT.
(E) ALL CORRUGATED CARDBOARD PACKAGING SOLD OR OFFERED FOR SALE IN THE
STATE BY A PRODUCER SHALL CONTAIN, ON AVERAGE, AT LEAST FIFTY PERCENT
POST-CONSUMER RECYCLED CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT
OF POST-CONSUMER RECYCLED CONTENT SHALL INCREASE BY FIVE PERCENT, UNTIL
REACHING SEVENTY-FIVE PERCENT.
(F) ALL PAPER PACKAGING, OTHER THAN CORRUGATED CARDBOARD PACKAGING,
SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL CONTAIN, ON
AVERAGE, AT LEAST THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. EVERY
THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECYCLED CONTENT
SHALL INCREASE BY TEN PERCENT, UNTIL REACHING SEVENTY PERCENT.
2. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS TITLE, PAPER
PRODUCTS SOLD OR OFFERED FOR SALE IN THE STATE BY A PRODUCER SHALL
CONTAIN, ON AVERAGE, AT LEAST THIRTY PERCENT POST-CONSUMER RECYCLED
CONTENT. EVERY THREE YEARS THEREAFTER, THE AMOUNT OF POST-CONSUMER RECY-
CLED CONTENT SHALL INCREASE BY TEN PERCENT, UNTIL REACHING SEVENTY
PERCENT.
S. 4008 103 A. 3008
3. ANY FOOD-GRADE PACKAGING OR PAPER PRODUCTS ARE EXEMPT FROM THE
POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OF THIS SECTION FOR A PERIOD
OF AT LEAST TEN YEARS FROM THE EFFECTIVE DATE OF THIS TITLE.
4. A PRODUCER SHALL ACHIEVE COMPLIANCE WITH THE POST-CONSUMER RECYCLED
CONTENT REQUIREMENTS OF THIS SECTION BASED ON THE AVERAGE AMOUNT OF
POST-CONSUMER RECYCLED CONTENT, BY WEIGHT, CONTAINED IN ITS PACKAGING
AND PAPER PRODUCTS, BY MATERIAL TYPE. A PRODUCER SHALL CALCULATE THE
AVERAGE AMOUNT OF POST-CONSUMER RECYCLED CONTENT CONTAINED IN ITS PACK-
AGING AND PAPER PRODUCTS USING DATA SPECIFIC TO PACKAGING AND PRODUCTS
SOLD OR OFFERED FOR SALE IN THE STATE, OR IF SUCH DATA IS UNAVAILABLE, A
PRODUCER MAY USE NATIONAL DATA. THE CALCULATION OF AVERAGES SHALL BE
BASED ON A PRODUCER'S ENTIRE PRODUCT OFFERING OF PACKAGING AND PAPER
PRODUCTS, SEPARATED BY MATERIAL TYPE.
5. A PRODUCER OR PRODUCER RESPONSIBILITY PROGRAM ON BEHALF OF ITS
PRODUCERS, SHALL SUBMIT TO THE DEPARTMENT AT THE TIME OF ANNUAL REPORT-
ING, A CERTIFICATION, IN WRITING, THAT THE PACKAGING AND PAPER PRODUCTS,
AS APPLICABLE, SOLD OR OFFERED FOR SALE IN THE STATE, COMPLY WITH THE
POST-CONSUMER RECYCLED CONTENT REQUIREMENTS OR HAVE BEEN GRANTED A WAIV-
ER FROM THE REQUIREMENTS OF THIS SECTION.
6. THE DEPARTMENT MAY REQUIRE THAT A PRODUCER IMPLEMENTING AN INDIVID-
UAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY
ORGANIZATION, SUBMIT A THIRD-PARTY VERIFICATION OF A COMPLIANCE CERTIF-
ICATION MADE PURSUANT TO THIS SECTION.
7. WITHIN FIVE YEARS OF THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER
IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL MEET A MINIMUM RECOVERY RATE
OF THIRTY-FIVE PERCENT, AND A MINIMUM RECYCLING RATE OF TWENTY-FIVE
PERCENT. EVERY FIVE YEARS THEREAFTER, THE RECOVERY RATE SHALL INCREASE
BY TEN PERCENT UNTIL REACHING EIGHTY-FIVE PERCENT, AND THE RECYCLING
RATE SHALL INCREASE BY TEN PERCENT UNTIL REACHING SEVENTY-FIVE PERCENT.
8. WITHIN TEN YEARS OF THE EFFECTIVE DATE OF THIS TITLE, A PRODUCER OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL ENSURE THAT BY WEIGHT OR BY
UNIT, PACKAGING PRODUCTS MEET A SOURCE REDUCTION RATE OF FIFTEEN
PERCENT. SOURCE REDUCTION CAN BE ACHIEVED BY ELIMINATING SINGLE-USE
PACKAGING, INCLUDING SECONDARY OR TERTIARY PACKAGING, TRANSITIONING FROM
SINGLE USE TO REUSABLE OR REFILLABLE PACKAGING, OR BY REDUCING THE
AMOUNT OF SOURCE MATERIAL USED IN A PACKAGE, PROVIDED HOWEVER THE
PRODUCER MAY NOT CHANGE FROM A MATERIAL OR FORMAT THAT IS READILY-RE-
CYCLABLE TO A MATERIAL OR FORMAT THAT IS NOT READILY-RECYCLABLE. THE
CALCULATION OF SOURCE REDUCTION MAY BE BASED ON A PRODUCER'S ENTIRE
PRODUCT OFFERING OF PACKAGING AND PAPER PRODUCTS, SEPARATED INTO PRODUCT
SUBLINES, OR THROUGH AN AGGREGATE FORM OF A PRODUCER RESPONSIBILITY
ORGANIZATION.
9. THE DEPARTMENT MAY REVIEW AND ADJUST THE MINIMUM SOURCE REDUCTION,
RECYCLING, AND RECOVERY RATES ESTABLISHED IN THIS TITLE BY REGULATION IF
THE DEPARTMENT FINDS AND DETERMINES THE RATES ARE INFEASIBLE. IN MAKING
A DETERMINATION OF INFEASIBILITY, THE DEPARTMENT SHALL CONSIDER, AT A
MINIMUM:
(A) THE FINDINGS OF THE NEEDS ASSESSMENT;
(B) INFORMATION GATHERED FROM THE PRODUCER AND PRODUCER RESPONSIBILITY
ORGANIZATION ANNUAL REPORTS; AND
(C) ANY OTHER FACTORS DEEMED APPROPRIATE BY THE DEPARTMENT.
10. THE DEPARTMENT MAY REVIEW AND ADJUST ANY OF THE POST-CONSUMER
RECYCLED CONTENT RATES ESTABLISHED IN THIS SECTION BY REGULATION. IN
MAKING AN ADJUSTMENT PURSUANT TO THIS SUBDIVISION, THE DEPARTMENT SHALL
CONSIDER, AT A MINIMUM:
S. 4008 104 A. 3008
(A) CHANGES IN MARKET CONDITIONS, INCLUDING SUPPLY AND DEMAND FOR
POST-CONSUMER RECYCLED MATERIALS, BOTH DOMESTICALLY AND GLOBALLY;
(B) THE AVAILABILITY OF RECYCLED MATERIALS SUITABLE TO MEET THE MINI-
MUM POST-CONSUMER RECYCLED CONTENT REQUIREMENTS:
(C) POST-CONSUMER RECYCLED CONTENT REQUIREMENTS, INCLUDING THE AVAIL-
ABILITY OF HIGH-QUALITY RECYCLED MATERIALS, AND FOOD-GRADE RECYCLED
MATERIALS;
(D) THE CAPACITY OF RECYCLING OR PROCESSING INFRASTRUCTURE;
(E) UTILIZATION RATES OF THE MATERIALS;
(F) THE PROGRESS MADE BY PRODUCERS IN MEETING THE POST-CONSUMER RECY-
CLED TARGETS BY MATERIAL TYPE; AND
(G) ANY OTHER FACTORS DEEMED APPROPRIATE AS DETERMINED BY THE DEPART-
MENT, IN REGULATION.
11. ANY ADJUSTMENT TO THE MINIMUM RATES, SHALL ONLY BE FOR SUCH CONDI-
TIONS AND FOR A DURATION AS ESTABLISHED BY THE DEPARTMENT IN REGULATION.
12. A PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION MAY SUBMIT A
REQUEST TO THE DEPARTMENT FOR A WAIVER FROM THE POST-CONSUMER RECYCLED
CONTENT REQUIREMENTS ESTABLISHED PURSUANT TO THIS SECTION.
(A) THE DEPARTMENT MAY GRANT A WAIVER ONLY IF A PRODUCER OR PRODUCER
RESPONSIBILITY ORGANIZATION DEMONSTRATES, AND THE DEPARTMENT FINDS, THAT
SUCH PRODUCER OR PRODUCERS CANNOT MEET THE POST-CONSUMER RECYCLED
CONTENT REQUIREMENTS OF THIS SECTION BECAUSE:
(I) IT IS NOT TECHNOLOGICALLY OR ECONOMICALLY FEASIBLE TO ACHIEVE THE
POST-CONSUMER RECYCLED CONTENT REQUIREMENTS;
(II) THERE IS INADEQUATE AVAILABILITY OF RECYCLED MATERIAL OR A
SUBSTANTIAL DISRUPTION IN THE SUPPLY OF RECYCLED MATERIAL; OR
(III) THE PRODUCER CANNOT ACHIEVE THE POST CONSUMER RECYCLED CONTENT
REQUIREMENTS AND REMAIN IN COMPLIANCE WITH APPLICABLE RULES AND REGU-
LATIONS ADOPTED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, OR
ANY OTHER STATE OR FEDERAL LAW, RULE, OR REGULATION.
(B) THE WAIVER REQUEST SHALL ALSO INCLUDE, AT A MINIMUM:
(I) PROPOSED POST-CONSUMER RECYCLED CONTENT RATES THE PRODUCER OR
PRODUCER RESPONSIBILITY ORGANIZATION DEEMS ARE ACHIEVABLE, WITH SUFFI-
CIENT JUSTIFICATION FOR THE DETERMINATION OF SUCH RATES;
(II) SUPPORTING DOCUMENTATION FROM A FEDERAL OR STATE AGENCY OR CERTI-
FIED THIRD PARTY EXPERT, AS APPROPRIATE, DEMONSTRATING THAT THE PRODUCER
OR PRODUCERS CANNOT COMPLY WITH THE POST-CONSUMER RECYCLED CONTENT
REQUIREMENTS OF THIS SECTION FOR ONE OF THE REASONS SET FORTH IN THIS
SECTION; AND
(III) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT AS DETERMINED
IN REGULATION.
13. THE DEPARTMENT SHALL POST ON ITS WEBSITE, ON AN ANNUAL BASIS, ANY
DETERMINATION TO GRANT A WAIVER FROM THE POST-CONSUMER RECYCLED CONTENT
REQUIREMENTS.
§ 27-3409. PRODUCER RESPONSIBILITY PROGRAM PLAN.
1. BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX, ANY PRODUCER IMPLEMENT-
ING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR ANY
PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT TO THE DEPARTMENT A
PRODUCER RESPONSIBILITY PROGRAM PLAN, DETAILING ITS PROPOSED COLLECTION
AND RECYCLING PROGRAM FOR PACKAGING AND PAPER PRODUCTS.
2. THE APPROVED PRODUCER RESPONSIBILITY PROGRAM PLAN SHALL BE VALID
FOR FIVE YEARS AND SHALL BE REVIEWED AND UPDATED EVERY FIVE YEARS
FOLLOWING THE IMPLEMENTATION DATE OF THE ORIGINAL PLAN. THE DEPARTMENT
SHALL HAVE THE DISCRETION TO REQUIRE THE PLAN TO BE REVIEWED OR REVISED
PRIOR TO THE FIVE-YEAR PERIOD IF THE DEPARTMENT HAS CAUSE TO BELIEVE THE
MINIMUM POST-CONSUMER RECYCLED CONTENT RATES, MINIMUM RECOVERY RATES,
S. 4008 105 A. 3008
MINIMUM RECYCLING RATES, AS ESTABLISHED IN THIS TITLE, OR OTHER OBLI-
GATIONS OF THE PLAN AS SET FORTH IN THIS SECTION ARE NOT BEING MET OR
FOLLOWED BY THE PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION, OR IF
THERE HAS BEEN A CHANGE IN CIRCUMSTANCES THAT WARRANTS REVISION OF THE
PLAN.
3. THE SUBMITTED PLAN SHALL, AT A MINIMUM, ADDRESS THE FOLLOWING:
(A) CONTACT INFORMATION. CONTACT INFORMATION, INCLUDING THE NAME,
ELECTRONIC AND PHYSICAL ADDRESS, AND TELEPHONE NUMBER OF THE AUTHORIZED
REPRESENTATIVE OF THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION.
(B) PARTICIPATING PRODUCER OR PRODUCERS. IDENTIFY THE PRODUCER OR
PRODUCERS PARTICIPATING IN THE SUBMITTED PRODUCER RESPONSIBILITY PROGRAM
PLAN.
(C) CONSULTATION. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING AN
INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR A PRODUCER
RESPONSIBILITY ORGANIZATION CONSULTED WITH THE ADVISORY COMMITTEE,
STAKEHOLDERS, AND THE PUBLIC IN THE DEVELOPMENT OF THE PLAN, AND TO WHAT
EXTENT THE PRODUCERS OR THE PRODUCER RESPONSIBILITY ORGANIZATION SPECIF-
ICALLY INCORPORATED THEIR INPUT INTO THE PLAN. PRODUCERS OR PRODUCER
RESPONSIBILITY ORGANIZATIONS SHALL ALSO PROVIDE THE ADVISORY COMMITTEE
SIXTY DAYS TO REVIEW AND COMMENT UPON THE DRAFT PLAN PRIOR TO ITS
SUBMISSION TO THE DEPARTMENT. PRODUCERS IMPLEMENTING AN INDIVIDUAL
EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY
ORGANIZATIONS SHALL ASSESS COMMENTS RECEIVED AND PROVIDE A SUMMARY AND
ANALYSIS OF THE ISSUES RAISED BY THE ADVISORY COMMITTEE, A STATEMENT OF
THE REASONS WHY ANY SIGNIFICANT CHANGES WERE NOT INCORPORATED INTO THE
PLAN, AND A DESCRIPTION OF THE CHANGES THAT WERE MADE TO THE PLAN AS A
RESULT OF THOSE COMMENTS.
(D) TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS. A LIST OF THE
TYPES AND BRANDS OF PACKAGING AND PAPER PRODUCTS FOR WHICH THE PRODUCER
OR PRODUCER RESPONSIBILITY ORGANIZATION IS RESPONSIBLE FOR.
(E) FUNDING MECHANISM. A DESCRIPTION OF THE PROPOSED FUNDING MECHANISM
THAT IS NECESSARY TO MEET THE REQUIREMENTS OF THIS TITLE AND IS SUFFI-
CIENT TO COVER THE COST OF PLAN DEVELOPMENT AND REVISIONS, PROGRAM OPER-
ATION, MUNICIPAL AND PRIVATE ENTITY REIMBURSEMENT, ADMINISTRATION OF THE
PRODUCER RESPONSIBILITY ORGANIZATION, ACTUAL DEPARTMENT COSTS TO ADMIN-
ISTER AND ENFORCE THIS TITLE, ELIGIBLE ADVISORY COMMITTEE EXPENSES, AND
MAINTAINING A FINANCIAL RESERVE SUFFICIENT TO OPERATE THE PROGRAM IN A
FISCALLY PRUDENT AND RESPONSIBLE MANNER. THE FOLLOWING OBJECTIVE FUND-
ING AND REIMBURSEMENT DETAILS SHALL BE PROVIDED IN THE PRODUCER RESPON-
SIBILITY PLAN:
(I) PROPOSED PROGRAM CHARGES PAID BY PRODUCERS SHALL BE SET ON A
MATERIAL-SPECIFIC COST OF THE RECYCLING PROGRAM. CHARGES SHALL VARY
BASED ON, AT A MINIMUM:
(A) COSTS TO PROVIDE COLLECTION OR OTHER FORMS OF CONSUMER RECYCLING
SERVICE THAT IS, AT MINIMUM, AS CONVENIENT AS THE PREVIOUS WASTE
COLLECTION SCHEMA IN THE PARTICULAR JURISDICTION FOR ALL CONSUMERS;
(B) COSTS TO PROCESS A PRODUCER'S COLLECTED PACKAGING AND PAPER
PRODUCTS FOR SALE IN SECONDARY MATERIAL MARKETS; AND
(C) THE COMMODITY VALUE OF PACKAGING AND PAPER PRODUCTS.
(II) A PRODUCER RESPONSIBILITY ORGANIZATION SHALL ALSO STRUCTURE
PROGRAM CHARGES PAID BY PRODUCERS TO PROVIDE FINANCIAL INCENTIVES THAT
REWARD WASTE AND SOURCE REDUCTION, REWARD RECYCLING COMPATIBILITY INNO-
VATIONS AND PRACTICES, AND REWARD PRODUCERS OF PACKAGING AND PAPER
PRODUCTS THAT CAN BE EASILY RECYCLED, REUSED OR REFILLED, OR COMPOSTED.
THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL CREATE A MECHANISM TO
S. 4008 106 A. 3008
ALLOW PRODUCERS TO RECEIVE A CREDIT FOR ACHIEVING SOURCE REDUCTION
BEYOND WHAT PRODUCERS OF SIMILAR COVERED MATERIAL ARE ACHIEVING. THE
REVENUE FOR THAT CREDIT SHALL BE PAID FOR BY CHARGING PRODUCERS NOT
ACHIEVING SOURCE REDUCTION FOR SIMILAR PRODUCTS A FEE AS FINANCIAL
PENALTY. THE PROGRAM CHARGES SHALL ALSO DISINCENTIVIZE DESIGNS OR PRAC-
TICES THAT INCREASE THE COSTS OF RECYCLING PACKAGING AND PAPER PRODUCTS.
THE FOLLOWING SHALL BE CONSIDERED IN SETTING THE PROGRAM CHARGES:
(A) WHETHER THE PERCENTAGE OF POST-CONSUMER RECYCLED CONTENT EXCEEDS
MINIMUM POST-CONSUMER RECYCLED CONTENT RATES AND THAT THE CONTENT DOES
NOT DISRUPT THE POTENTIAL FOR FUTURE RECYCLING;
(B) WHETHER THE PACKAGING OR PAPER PRODUCT EXCEEDS THE MINIMUM SOURCE
REDUCTION RATE;
(C) WHETHER THE PACKAGING OR PAPER PRODUCT IS COMPOSTABLE;
(D) WHETHER THE PACKAGING OR PAPER PRODUCT WOULD TYPICALLY BE READI-
LY-RECYCLABLE EXCEPT THAT THE PRODUCT HAS THE EFFECT OF DISRUPTING RECY-
CLING PROCESSES OR THE PRODUCT INCLUDES LABELS, INKS, OR ADHESIVES
CONTAINING HEAVY METALS THAT WOULD CONTAMINATE THE RECYCLING PROCESS;
(E) WHETHER THE PACKAGING AND PAPER PRODUCT IS NONFOOD CONTACT PACKAG-
ING THAT IS SPECIFICALLY DESIGNED TO BE REUSABLE OR REFILLABLE AND HAS A
HIGH REUSE OR REFILL RATE, AS DETERMINED BY THE DEPARTMENT IN REGU-
LATIONS, AND IF SO, SUCH PRODUCT SHALL BE EXCLUDED FROM ANY FEES; AND
(F) OTHER FACTORS AS DETERMINED BY THE DEPARTMENT, INCLUDING, BUT NOT
LIMITED TO, RECOMMENDATIONS FROM THE ADVISORY COMMITTEE WHICH PROMOTE
FAVORABLE ENVIRONMENTAL OUTCOMES SUCH AS LOWER LIFE-CYCLE CONTRIBUTIONS
OF PACKAGING TO PAPER PRODUCTS TO GREENHOUSE GAS EMISSIONS.
(III) IN ADDITION TO THE REGULAR FUNDING MECHANISM, THE PRODUCER
RESPONSIBILITY ORGANIZATION MAY INCLUDE A SPECIAL ASSESSMENT CHARGE ON
SPECIFIC CATEGORIES OF PACKAGING AND PAPER PRODUCTS IF THE NATURE OF THE
PACKAGING AND PAPER PRODUCT IMPOSES UNUSUAL COSTS IN RECYCLING
COLLECTION OR PROCESSING IN MUNICIPAL RECYCLING FACILITIES.
(F) DETERMINATION OF REASONABLE COSTS. A PRODUCER IMPLEMENTING AN
INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
SIBILITY ORGANIZATION IS RESPONSIBLE FOR CALCULATING AND DISPERSING
FUNDING TO MUNICIPALITIES AND PRIVATE ENTITIES (SUCH AS SOLID WASTE
COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER
PARTICIPATING SERVICE PROVIDERS) OPERATING UNDER THE PRODUCER OR PRODUC-
ER RESPONSIBILITY ORGANIZATION'S PROGRAM PLAN FOR REASONABLE COSTS
INCURRED BY THE MUNICIPALITY OR PRIVATE ENTITY. A SCHEDULE OF SUCH
REASONABLE COSTS, DETERMINED IN CONSULTATION WITH THE ADVISORY COMMIT-
TEE, SHALL BE INCLUDED IN THE PROGRAM PLAN.
(I) TO CALCULATE REASONABLE COSTS, THE PRODUCER IMPLEMENTING AN INDI-
VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL-
ITY ORGANIZATION SHALL, AT A MINIMUM, TAKE THE FOLLOWING FACTORS INTO
CONSIDERATION:
(A) POPULATION DENSITY OF THE PARTICULAR JURISDICTION TO BE SERVICED;
(B) THE AMOUNT RECEIVED FROM THE SALE OF SOURCE SEPARATED MATERIALS;
AND
(C) TRANSPORTATION COSTS TO PROCESSING FACILITIES, PROCESSING COSTS
FOR EACH RECYCLABLE MATERIAL, COST OF MANAGING NON-RECYCLABLE MATERIAL,
DISPOSAL OF PROCESSING RESIDUALS, AND MARKETING COSTS OF MATERIAL.
(II) TO FACILITATE THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED
PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZA-
TION'S DETERMINATION OF REASONABLE COSTS, PARTICIPATING MUNICIPALITIES
AND PRIVATE ENTITIES MUST SUBMIT DOCUMENTATION RELATED TO THEIR SPECIFIC
COSTS AND THE VALUE OF MATERIALS TO THE PRODUCER IMPLEMENTING AN INDI-
S. 4008 107 A. 3008
VIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBIL-
ITY ORGANIZATION.
(III) THE MUNICIPALITY OR PRIVATE ENTITY MAY NOT PASS ON TO ITS RESI-
DENTS OR CUSTOMERS THE COSTS FOR WHICH IT HAS BEEN REIMBURSED BY THE
PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION.
(IV) ANY FUNDS DIRECTLY COLLECTED PURSUANT TO THIS TITLE SHALL NOT BE
USED TO CARRY OUT LOBBYING ACTIVITIES, BRING A LAWSUIT AGAINST THE
STATE, DEFEND LITIGATION INVOLVING CLAIMS OF A PRODUCER OR PRODUCER
RESPONSIBILITY ORGANIZATION'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF
THIS CHAPTER, OR FOR PAYMENT OF PENALTIES FOR VIOLATIONS OF THIS CHAP-
TER.
(G) MUNICIPAL AND PRIVATE ENTITY REIMBURSEMENT. A DESCRIPTION OF THE
PROCESS FOR MUNICIPALITIES OR PRIVATE ENTITIES (SUCH AS SOLID WASTE
COLLECTION, TRANSPORTATION, SORTING, AND PROCESSING COMPANIES, AND OTHER
PARTICIPATING SERVICE PROVIDERS) OPERATING RECYCLING PROGRAMS UNDER THE
PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION'S PROGRAM PLAN, TO
RECOUP REASONABLE COSTS FROM THE PRODUCER IMPLEMENTING AN INDIVIDUAL
EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPONSIBILITY
ORGANIZATION. IF A MUNICIPALITY DOES NOT PROVIDE COLLECTION FOR RECYCL-
ABLES OR DOES NOT ELECT TO PARTICIPATE IN A PRODUCER OR PRODUCER RESPON-
SIBILITY ORGANIZATION PROGRAM, AND UPON NOTICE TO THE PRODUCER RESPONSI-
BILITY ORGANIZATION AND THE DEPARTMENT OF LACK OF PARTICIPATION, THE
PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL BE RESPONSIBLE
FOR CONTRACTING WITH A PRIVATE ENTITY TO ENSURE THE CONVENIENCE STAND-
ARDS UNDER THIS TITLE ARE MET.
(H) OUTREACH AND EDUCATION. A DESCRIPTION OF THE PRODUCER'S OR PRODUC-
ER RESPONSIBILITY ORGANIZATION'S PUBLIC OUTREACH AND EDUCATION PROGRAM
FOR CONSUMERS AND OTHER STAKEHOLDERS.
(I) THE PLAN SHALL ADDRESS HOW THE OUTREACH AND EDUCATION PROGRAM
WILL:
(A) BE DESIGNED TO ACHIEVE THE MANAGEMENT GOALS OF PACKAGING AND PAPER
PRODUCTS EXTENDED PRODUCER RESPONSIBILITY UNDER THIS TITLE, INCLUDING
THE PREVENTION OF CONTAMINATION OF RECOVERED PRODUCTS THAT WOULD REDUCE
THE PRODUCT'S MARKET VALUE OR LIMIT THE ABILITY TO USE THE MATERIAL TO
CREATE NEW PRODUCTS;
(B) BE COORDINATED ACROSS PRODUCER AND PRODUCER RESPONSIBILITY ORGAN-
IZATION PROGRAMS TO AVOID CONFUSION FOR CONSUMERS; AND
(C) CONSULT WITH MUNICIPALITIES AND OTHER STAKEHOLDERS, COORDINATE
WITH AND ASSIST LOCAL MUNICIPAL PROGRAMS, MUNICIPAL CONTRACTED PROGRAMS,
SOLID WASTE COLLECTION COMPANIES, AND OTHER ENTITIES PROVIDING SERVICES,
AND DEVELOP AND PROVIDE OUTREACH AND EDUCATION TO THE DIVERSE POPU-
LATIONS IN THE STATE, INCLUDING UTILIZING A VARIETY OF OUTREACH AND
EDUCATION TOOLS AND ENSURING MATERIALS ARE ACCESSIBLE TO ALL PERSONS AND
ARE PROVIDED IN MULTIPLE LANGUAGES.
(II) PARTICIPATING PRODUCERS SHALL LABEL OR MARK PACKAGING AND PAPER
PRODUCTS IN ACCORDANCE WITH CURRENT LABELING RULES, LAWS, OR REGULATIONS
WITH INFORMATION TO ASSIST CONSUMERS IN RESPONSIBLY MANAGING AND RECYCL-
ING PACKAGING AND PAPER PRODUCTS, RESPONSIBLY COMPOSTING PACKAGING AND
PAPER PRODUCTS, AND EDUCATING CONSUMERS ABOUT THE PERCENTAGE OF POST-
CONSUMER RECYCLED CONTENT.
(III) DETAILS ON THE FOLLOWING COMPONENTS OF THE OUTREACH AND EDUCA-
TION PROGRAM SHALL BE PROVIDED IN THE PLAN, AND AVAILABLE TO CONSUMERS
AND OTHER STAKEHOLDERS ON THE PRODUCER'S OR PRODUCER RESPONSIBILITY
ORGANIZATION'S PUBLIC EDUCATION PROGRAM WEBSITE:
(A) PROPER END-OF-LIFE MANAGEMENT OF PACKAGING AND PAPER PRODUCTS;
(B) THE LOCATION AND AVAILABILITY OF RECYCLING COLLECTION;
S. 4008 108 A. 3008
(C) HOW TO PREVENT AND MINIMIZE LITTER OF PACKAGING AND PAPER
PRODUCTS;
(D) INFORMATION ON HOW CONSUMERS CAN REDUCE THEIR CONSUMPTION FOR
SINGLE-USE PACKAGING AND PAPER PRODUCTS IN FAVOR OF MORE REUSABLE MATE-
RIALS;
(E) RECYCLING AND COMPOSTING INSTRUCTIONS THAT ARE: CONSISTENT STATE-
WIDE, EXCEPT AS NECESSARY TO TAKE INTO ACCOUNT DIFFERENCES AMONG LOCAL
LAWS, PROCESSING CAPABILITIES, AND RELEVANT MINIMUM RECYCLABLES LISTS;
EASY TO UNDERSTAND; AND EASILY ACCESSIBLE; AND
(F) A DESCRIPTION OF THE PROCESS FOR ANSWERING STAKEHOLDER QUESTIONS
AND RESOLVING ANY ISSUES.
(IV) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR THE PRODUCER RESPONSIBILITY ORGANIZATION SHALL REGU-
LARLY EVALUATE THE EFFECTIVENESS OF ITS OUTREACH CAMPAIGN IN TERMS OF
PROGRAM AWARENESS AND PARTICIPATION. THE PLAN SHALL INCLUDE A
DESCRIPTION OF THE EVALUATION APPROACHES.
(V) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL UNDERTAKE
OUTREACH, EDUCATION, AND COMMUNICATIONS THAT ASSIST IN ATTAINING OR
EXCEEDING THE MINIMUM SOURCE REDUCTION RATES, MINIMUM POST-CONSUMER
RECYCLED CONTENT, MINIMUM RECOVERY RATES, AND MINIMUM RECYCLING RATES.
(I) EXISTING INFRASTRUCTURE. HOW THE PRODUCER IMPLEMENTING AN INDIVID-
UAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR THE PRODUCER RESPONSI-
BILITY ORGANIZATION WILL WORK WITH EXISTING WASTE HAULERS, RECYCLABLES
HANDLING AND RECOVERY FACILITIES, RECYCLERS, MUNICIPALITIES, AND ANY
OTHER RELATED ENTITIES THAT PREPARE RECOVERED MATERIALS FOR END MARKETS
TO:
(I) OPERATE OR EXPAND CURRENT COLLECTION PROGRAMS THAT UTILIZE EXIST-
ING SERVICE PROVIDERS AND INFRASTRUCTURE;
(II) REDUCE CONTAMINATION OF RECYCLABLES COLLECTED AND DELIVERED TO
PROCESSING FACILITIES WITH ANNUAL REPORTING ON CONTAMINATION LEVELS IN
MATERIALS RECEIVED BY AND PROCESSED BY RECYCLABLES HANDLING AND RECOVERY
FACILITIES OR SIMILAR ESTABLISHMENTS;
(III) INVEST IN NEW OR UPGRADED INFRASTRUCTURE TO IMPROVE THE RECYCL-
ING OF RECOVERED PACKAGING AND PAPER PRODUCTS; AND
(IV) INVEST IN MARKET DEVELOPMENT FOR PACKAGING AND PAPER PRODUCTS TO
IMPROVE SOURCE REDUCTION, REFILL RATES, OR RECYCLING COMPATIBILITY.
(J) CONVENIENCE. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING AN
INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
SIBILITY ORGANIZATION INTENDS TO MEET THE CONVENIENCE REQUIREMENTS SET
FORTH AS FOLLOWS:
(I) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE FOR
A FREE, EQUITABLE AND CONVENIENT SYSTEM FOR CONSUMERS TO RECYCLE THE
PACKAGING AND PAPER PRODUCTS IDENTIFIED UNDER THE PRODUCER OR PRODUCER
RESPONSIBILITY ORGANIZATION'S PROGRAM PLAN, THAT IS, AT MINIMUM:
(A) AS CONVENIENT AS WASTE COLLECTION;
(B) INCLUDES ALL ENTITIES PARTICIPATING IN THE RECYCLING COLLECTION
SCHEMA IN THE PARTICULAR JURISDICTION; AND
(C) CONSISTENT WITH RELEVANT STATE AND LOCAL LAWS OR AS DEEMED APPRO-
PRIATE BY THE DEPARTMENT.
(II) A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION MAY RELY ON A
RANGE OF MEANS TO COLLECT VARIOUS CATEGORIES OF PACKAGING AND PAPER
PRODUCTS INCLUDING, BUT NOT LIMITED TO, CURBSIDE COLLECTION, FACILITY
S. 4008 109 A. 3008
DROP-OFF, AND EVENTS, SO LONG AS PACKAGING AND PAPER PRODUCTS COLLECTION
OPTIONS INCLUDE RECYCLING COLLECTION SERVICES IF:
(A) THE CATEGORY OF PACKAGING AND PAPER PRODUCTS IS SUITABLE FOR RECY-
CLING COLLECTION AND CAN BE EFFECTIVELY SORTED BY THE FACILITIES RECEIV-
ING THE COLLECTED MATERIAL;
(B) THE PACKAGING AND PAPER PRODUCTS CATEGORY IS NOT HANDLED THROUGH A
DEPOSIT AND RETURN SCHEME, OTHER MANDATED PRODUCT STEWARDSHIP OR
EXTENDED PRODUCER RESPONSIBILITY PROGRAM, OR BUY BACK SYSTEM THAT RELIES
ON A COLLECTION SYSTEM OTHER THAN RECYCLING COLLECTION; AND
(C) THE PROVIDER OF THE RECYCLING COLLECTION SERVICE AGREES TO THE
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM'S OR PRODUCER RESPONSIBILITY ORGANIZATION'S REIMBURSEMENT PROC-
ESS FOR REASONABLE COSTS.
(III) WHERE RECYCLING COLLECTION IS NOT AVAILABLE AND DROP-OFF
COLLECTION FACILITIES ARE UTILIZED, CONSUMERS SHALL HAVE FREE AND EQUI-
TABLE ACCESS TO FACILITIES THAT ARE WITHIN THE JURISDICTION AND WITHIN
FIFTEEN MILES OF AT LEAST NINETY-FIVE PERCENT OF THE JURISDICTION'S
POPULATION UNSERVED BY RECYCLING COLLECTION.
(K) MINIMUM SOURCE REDUCTION, RECYCLING, RECOVERY AND POST-CONSUMER
RECYCLED CONTENT RATES. A DESCRIPTION OF HOW THE PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION INTENDS TO MEET OR EXCEED THE MINIMUM SOURCE
REDUCTION RATE, MINIMUM RECYCLING RATE, MINIMUM RECOVERY RATE, AND MINI-
MUM POST-CONSUMER RECYCLED CONTENT RATE FOR PACKAGING OR PAPER PRODUCTS,
BY MATERIAL TYPE.
(L) END-OF-LIFE MANAGEMENT PROCESSES. A DESCRIPTION OF THE PROCESS FOR
END-OF-LIFE MANAGEMENT, INCLUDING RECYCLING AND DISPOSAL, FOR EACH
COMPONENT MATERIAL, USING ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES.
(M) A DESCRIPTION OF HOW THE PRODUCER RESPONSIBILITY ORGANIZATION
SHALL PROVIDE THE RIGHT OF FIRST REFUSAL TO PURCHASE RECYCLED MATERIALS
FROM PROCESSORS ON BEHALF OF PRODUCER MEMBERS INTERESTED IN OBTAINING
RECYCLED FEEDSTOCK IN ORDER TO ACHIEVE POST-CONSUMER RECYCLED CONTENT
OBJECTIVES.
(N) PACKAGING AND PAPER PRODUCTS REDUCTION. A DESCRIPTION OF HOW A
PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK WITH PRODUCERS TO REDUCE
PACKAGING AND PAPER PRODUCTS THROUGH PRODUCT DESIGN, SYSTEMS FOR REUS-
ABLE PACKAGING INFORMED BY THE NEEDS ASSESSMENT, AND PRODUCT AND PACKAGE
INNOVATIONS AND HOW THE PRODUCER RESPONSIBILITY ORGANIZATION WILL WORK
WITH PRODUCERS TO HELP REDUCE A PRODUCER'S TOTAL AMOUNT OF NON-REUSABLE
PACKAGING.
(O) CONSUMER CONCERNS PROCESS. A PROCESS TO ADDRESS CONCERNS AND QUES-
TIONS FROM CONSUMERS.
(P) COORDINATION. A PROCESS TO COORDINATE WITH OTHER PRODUCERS AND
PRODUCER RESPONSIBILITY ORGANIZATION PROGRAMS, IF APPLICABLE.
(Q) ADDITIONAL INFORMATION. ANY OTHER INFORMATION AS SPECIFIED BY THE
DEPARTMENT.
4. (A) NO LATER THAN NINETY DAYS AFTER THE SUBMISSION OF THE PRODUCER
RESPONSIBILITY PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER TO APPROVE
THE PLAN AS SUBMITTED; APPROVE THE PLAN WITH CONDITIONS; OR DENY THE
PLAN.
(B) THE DEPARTMENT SHALL CONSIDER THE FOLLOWING IN DETERMINING WHETHER
TO APPROVE A PLAN:
(I) WHETHER THE PLAN ADEQUATELY ADDRESSES ALL ELEMENTS DESCRIBED IN
THIS SECTION;
(II) WHETHER THE PRODUCER HAS UNDERTAKEN SATISFACTORY CONSULTATION
WITH THE ADVISORY COMMITTEE AND HAS PROVIDED AN OPPORTUNITY FOR ADVISORY
S. 4008 110 A. 3008
COMMITTEE INPUT IN THE DEVELOPMENT OF THE PLAN PRIOR TO SUBMISSION OF
THE PLAN;
(III) WHETHER THE PLAN ADEQUATELY PROVIDES FOR:
(A) THE PRODUCER RESPONSIBILITY ORGANIZATION COLLECTING AND FUNDING
THE COSTS OF COLLECTING AND PROCESSING PACKAGING AND PAPER PRODUCTS
COVERED BY THE PLAN AND REIMBURSING A MUNICIPALITY OR PRIVATE ENTITY;
(B) THE FUNDING MECHANISM TO COVER THE ENTIRE COST OF THE PRODUCER
RESPONSIBILITY ORGANIZATION'S PROGRAM;
(C) CONVENIENT AND FREE CONSUMER ACCESS TO COLLECTION FACILITIES OR
COLLECTION SERVICES;
(D) AN EVALUATION SYSTEM FOR THE PROGRAM CHARGE STRUCTURE, WHICH SHALL
BE EVALUATED ON AN ANNUAL BASIS BY THE PRODUCER RESPONSIBILITY ORGANIZA-
TION AND ADVISORY COMMITTEE AND RESUBMITTED TO THE DEPARTMENT ANNUALLY;
AND
(E) EFFECTIVE CONSUMER OUTREACH AND EDUCATION.
(IV) WHETHER THE PLAN SATISFACTORILY PROVIDES FOR HOW THE PRODUCER
IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
THE PRODUCER RESPONSIBILITY ORGANIZATION WILL MEET THE MINIMUM SOURCE
REDUCTION RATES, MINIMUM POST-CONSUMER RECYCLED CONTENT RATES, RECOVERY
RATES, AND RECYCLING RATES, WHICH WILL CREATE OR ENHANCE MARKETS FOR
RECYCLED MATERIALS; AND
(V) WHETHER THE PLAN CREATES A CONVENIENT SYSTEM FOR CONSUMERS TO
RECYCLE PACKAGING AND PAPER PRODUCTS THAT MEET OR EXCEED THE CONVENIENCE
CRITERIA SET FORTH IN THIS TITLE.
(C) THE DEPARTMENT MAY DENY A PLAN OR PLAN RESUBMISSION. (I) IF A
PLAN OR PLAN RESUBMISSION IS DENIED, THE DEPARTMENT SHALL INFORM THE
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION IN WRITING AS TO ANY
DEFICIENCIES IN SAID PLAN OR PLAN RESUBMISSION. A PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY DENIED PLANS
FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE DENIAL OF
SAID PLAN. THE DEPARTMENT SHALL APPROVE OR DENY SAID PLAN WITHIN THIRTY
DAYS OF RESUBMISSION.
(II) IF A PLAN IS DENIED A SECOND TIME, THE DEPARTMENT WILL PROVIDE
THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION WITH DIRECTION FOR MEET-
ING ANY ADDITIONAL REQUIRED ELEMENTS OF THE PLAN IT DEEMS NECESSARY.
(D) THE DEPARTMENT MAY RESCIND THE APPROVAL OF AN APPROVED PLAN AT ANY
TIME FOR JUST CAUSE. IF A PLAN IS RESCINDED, THE DEPARTMENT SHALL
INFORM THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION IN WRITING AS
TO ANY AND ALL REASONS WHY THE PLAN WAS RESCINDED. A PRODUCER IMPLEMENT-
ING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION SHALL AMEND AND RESUBMIT ANY RESCINDED PLANS
FOR RECONSIDERATION WITHIN SIXTY DAYS OF NOTIFICATION OF THE RESCISSION
OF SAID PLAN. THE DEPARTMENT SHALL APPROVE OR REJECT SAID PLAN WITHIN
THIRTY DAYS OF RESUBMISSION.
5. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL NOTIFY THE
DEPARTMENT OF ANY MODIFICATION TO THE PROGRAM. IF THE DEPARTMENT DETER-
MINES THAT THE PRODUCER RESPONSIBILITY PLAN HAS BEEN SUBSTANTIALLY MODI-
FIED, THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPON-
SIBILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION, AFTER
CONSULTATION WITH THE ADVISORY COMMITTEE, SHALL SUBMIT A PROPOSED PLAN
AMENDMENT DESCRIBING THE CHANGES TO THE DEPARTMENT WITHIN NINETY DAYS OF
S. 4008 111 A. 3008
THE DETERMINATION. WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED AMENDED
PLAN, THE DEPARTMENT SHALL DETERMINE WHETHER THE AMENDED PLAN COMPLIES
WITH THIS TITLE. THE DEPARTMENT SHALL SEND A LETTER NOTIFYING THE
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION OF: (A) APPROVAL; OR (B)
DISAPPROVAL, INCLUDING THE REASONS FOR REJECTING THE PLAN. THE PRODUCER
IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL PROVIDE THE DEPARTMENT'S
LETTER OF DISAPPROVAL TO THE ADVISORY COMMITTEE. THE PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL SUBMIT A REVISED PLAN WITHIN
SIXTY DAYS AFTER RECEIPT OF THE LETTER OF DISAPPROVAL.
6. THE PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSI-
BILITY PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION SHALL REIMBURSE
THE DEPARTMENT ANNUALLY AT THE TIME OF ANNUAL REPORTING FOR THE ACTUAL
COSTS TO ADMINISTER AND ENFORCE THIS TITLE, WHICH SHALL BE DEPOSITED TO
THE CREDIT OF THE WASTE REDUCTION, REUSE, AND RECYCLING FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE FINANCE LAW.
§ 27-3411. REPORTING REQUIREMENTS AND AUDITS.
1. FIFTEEN MONTHS AFTER THE FIRST PLAN OF A PRODUCER IMPLEMENTING AN
INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER RESPON-
SIBILITY ORGANIZATION IS IMPLEMENTED, AND ANNUALLY THEREAFTER, EACH
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM, OR EACH PRODUCER RESPONSIBILITY ORGANIZATION, SHALL SUBMIT A
REPORT TO THE DEPARTMENT THAT DETAILS THE PRIOR CALENDAR YEAR'S PROGRAM.
THE REPORT SHALL BE POSTED ON THE WEBSITE OF THE PRODUCER IMPLEMENTING
AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR PRODUCER
RESPONSIBILITY ORGANIZATION AND ON THE DEPARTMENT'S WEBSITE.
2. SUCH ANNUAL REPORT SHALL INCLUDE:
(A) A DETAILED DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT,
AND PROCESS PACKAGING AND PAPER PRODUCTS INCLUDING DETAILING COLLECTION
METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF THE PROGRAM'S
COLLECTION CONVENIENCE;
(B) A DETAILED DESCRIPTION OF THE AMOUNT OF PACKAGING AND PAPER
PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE
STATE ON AN ANNUAL BASIS, INCLUDING A PERCENTAGE OF PACKAGING AND PAPER
PRODUCTS SOLD, OFFERED FOR SALE, OR DISTRIBUTED TO CONSUMERS IN THE
STATE THROUGH INTERNET TRANSACTIONS;
(C) THE AMOUNT PER TON OR AMOUNT PER UNIT, OF PACKAGING AND PAPER
PRODUCTS COLLECTED FOR REUSE OR RECYCLING IN THE STATE, BY MATERIAL
TYPE;
(D) THE AMOUNT PER TON OR AMOUNT PER UNIT, BY MATERIAL TYPE, OF PACK-
AGING AND PAPER PRODUCTS COLLECTED FOR REUSE OR RECYCLING IN THE STATE
BY THE METHOD OF DISPOSITION;
(E) THE TOTAL COST OF IMPLEMENTING THE PROGRAM;
(F) FINANCIAL STATEMENTS DETAILING ALL DEPOSITS RECEIVED AND
REIMBURSEMENTS PAID BY THE PRODUCERS COVERED BY THE APPROVED PLAN;
(G) A DETAILED ACCOUNTING OF HOW THE PROGRAM COMPENSATED MUNICI-
PALITIES, SOLID WASTE COLLECTION, TRANSPORTATION, SORTING, AND REPROC-
ESSING COMPANIES, AND OTHER ENTITIES, FOR THEIR RECYCLING EFFORTS AND
OTHER RELATED SERVICES;
(H) A DESCRIPTION OF INVESTMENTS MADE IN INFRASTRUCTURE AND MARKET
DEVELOPMENT IN NEW YORK STATE AS RELATED TO THE NEEDS IDENTIFIED,
INCLUDING THE AMOUNT SPENT EXPRESSED AS A PERCENTAGE OF THE PROGRAM'S
TOTAL ANNUAL EXPENDITURES;
S. 4008 112 A. 3008
(I) A DESCRIPTION OF INVESTMENTS MADE AND AN EVALUATION OF THE EFFEC-
TIVENESS OF OUTREACH AND EDUCATION EFFORTS TO DETERMINE WHETHER CHANGES
ARE NECESSARY TO IMPROVE THOSE OUTREACH AND EDUCATION EFFORTS. IF THE
DEPARTMENT DETERMINES IMPROVEMENTS ARE NECESSARY, THE PRODUCER IMPLE-
MENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY PROGRAM OR
PRODUCER RESPONSIBILITY ORGANIZATION SHALL DEVELOP NEW AND IMPROVED
OUTREACH AND EDUCATION METHODS FOR APPROVAL BY THE DEPARTMENT;
(J) SAMPLES OF ALL EDUCATIONAL MATERIALS PROVIDED TO CONSUMERS OR
OTHER ENTITIES;
(K) A DETAILED LIST OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN BE IMPROVED;
(L) THE ACHIEVED SOURCE REDUCTION RATES, POST-CONSUMER RECYCLED
CONTENT RATES, RECOVERY RATES, AND RECYCLING RATES FOR PACKAGING AND
PAPER PRODUCT MATERIAL TYPES, HOW THE RATES WERE DERIVED, AND A
DISCUSSION OF HOW THESE RATES MAY BE IMPROVED. IF, UPON CONSULTATION
WITH THE ADVISORY COMMITTEE, THERE IS REASON TO ADJUST MINIMUM RATES,
THE ANNUAL REPORT SHALL INCLUDE SUGGESTIONS AND JUSTIFICATIONS FOR THE
DEPARTMENT TO CONSIDER REVISION OF SUCH RATES IN REGULATION;
(M) A DETAILED DESCRIPTION OF ANY EFFORTS UNDERTAKEN TO REDUCE THE
AMOUNT OF PACKAGING USED; CHANGES IN MATERIAL TYPES USED IN PACKAGING
THAT HAVE HELPED TO IMPROVE RECYCLABILITY, POST-CONSUMER RECYCLED
CONTENT RATES, RECOVERY RATES, RECYCLING RATES FOR PACKAGING, GREENHOUSE
GAS EMISSIONS, AND THE EFFECT ON PROGRAM IMPLEMENTATION COSTS FROM SUCH
EFFORTS;
(N) A DISCUSSION ON THE FEASIBILITY TO INCREASE CONSUMER CONVENIENCE
THROUGH CURBSIDE COLLECTION, FACILITY DROP-OFF, COLLECTION EVENTS OR
OTHER ALTERNATIVES, AND TO EXPAND THE PROGRAM, FOR EXAMPLE, TO INCLUDE
ADDITIONAL SERVICE TO CONSUMERS WITHOUT PREVIOUS ACCESS TO RECYCLING
COLLECTION, AND PUBLIC SPACES, AS WELL AS A DISCUSSION ON HOW THE
PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION PLANS FOR CONTINUOUS
IMPROVEMENT; AND
(O) ANY OTHER INFORMATION AS SPECIFIED BY THE DEPARTMENT IN REGU-
LATION.
3. PRIOR TO THE SUBMISSION OF THE ANNUAL REPORT, ALL DATA AND INFORMA-
TION THAT IS MATERIAL TO THE DEPARTMENT'S REVIEW OF THE PROGRAM'S
COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE SHALL BE ANNUALLY AUDITED
AND VERIFIED BY AN INDEPENDENT THIRD-PARTY AUDITOR, APPROVED BY THE
DEPARTMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, A REVIEW AND VERIFICA-
TION OF ALL FINANCIAL DOCUMENTATION AND ALL INFORMATION RELATED TO THE
SOURCE REDUCTION RATES, MATERIAL RECYCLING RATES, RECOVERY RATES, AND
THE POST-CONSUMER RECYCLED CONTENT RATES. A COPY OF THE INDEPENDENT
AUDIT SHALL BE INCLUDED IN THE ANNUAL REPORT.
4. THE DEPARTMENT SHALL NOT REQUIRE PUBLIC REPORTING OF ANY CONFIDEN-
TIAL INFORMATION THAT THE DEPARTMENT DETERMINES TO BE A TRADE SECRET,
CONFIDENTIAL COMMERCIAL INFORMATION, OR CRITICAL INFRASTRUCTURE INFORMA-
TION, IN ACCORDANCE WITH ARTICLE SIX OF THE PUBLIC OFFICERS LAW AND THE
DEPARTMENT'S RULES AND REGULATIONS PROMULGATED PURSUANT THERETO.
§ 27-3413. ANTITRUST PROTECTIONS.
A PRODUCER IMPLEMENTING AN INDIVIDUAL EXTENDED PRODUCER RESPONSIBILITY
PROGRAM OR PRODUCER RESPONSIBILITY ORGANIZATION THAT ORGANIZES THE
COLLECTION, TRANSPORTATION, AND PROCESSING OF PACKAGING AND PAPER
PRODUCTS, IN ACCORDANCE WITH A PRODUCER RESPONSIBILITY PROGRAM PLAN
APPROVED UNDER THIS TITLE, SHALL NOT BE LIABLE FOR ANY CLAIM OF A
VIOLATION OF ANTITRUST, RESTRAINT OF TRADE, OR UNFAIR TRADE PRACTICE
S. 4008 113 A. 3008
ARISING FROM CONDUCT UNDERTAKEN IN ACCORDANCE WITH THE PROGRAM PURSUANT
TO THIS TITLE; PROVIDED, HOWEVER, THIS SECTION SHALL NOT APPLY TO ANY
AGREEMENT ESTABLISHING OR AFFECTING THE PRICE OF PACKAGING OR A PAPER
PRODUCT, OR THE OUTPUT OR PRODUCTION OF ANY AGREEMENT RESTRICTING THE
GEOGRAPHIC AREA OR CUSTOMERS TO WHICH PACKAGING OR A PAPER PRODUCT WILL
BE SOLD.
§ 27-3415. PENALTIES.
1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR ENTITY
THAT VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED
PURSUANT TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT
THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE
PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH
VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
2. (A) ANY PRODUCER OR PRODUCER RESPONSIBILITY ORGANIZATION WHO
VIOLATES ANY PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT
TO THIS TITLE OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR
ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO
THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR
A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH VIOLATION
AND AN ADDITIONAL PENALTY OF NOT MORE THAN THREE THOUSAND DOLLARS FOR
EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
(B) ALL PRODUCERS PARTICIPATING IN A PRODUCER RESPONSIBILITY ORGANIZA-
TION SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY PENALTIES ASSESSED
AGAINST THE PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO THIS TITLE
AND ARTICLE SEVENTY-ONE OF THIS CHAPTER.
3. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
MENT AFTER AN OPPORTUNITY TO BE HEARD PURSUANT TO THE PROVISIONS OF
SECTION 71-1709 OF THIS CHAPTER, OR BY THE COURT IN ANY ACTION OR
PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE ENJOINED FROM
CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION, OR OTHER
APPROVAL ISSUED BY THE DEPARTMENT MAY BE REVOKED OR SUSPENDED OR A PEND-
ING RENEWAL DENIED.
4. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
ENFORCE THE PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
DEPOSITED TO THE CREDIT OF THE WASTE REDUCTION, REUSE, AND RECYCLING
FUND AS ESTABLISHED PURSUANT TO SECTION NINETY-TWO-KK OF THE STATE
FINANCE LAW.
§ 27-3417. STATE PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO COSTS AND FUNDING MECHANISMS
OF PRODUCER RESPONSIBILITY ORGANIZATIONS RELATING TO THE RECOVERY OF
PACKAGING AND PAPER PRODUCTS BY THIS TITLE, IS VESTED EXCLUSIVELY IN THE
STATE, PROVIDED HOWEVER THAT NOTHING IN THIS SECTION SHALL (I) RELIEVE A
MUNICIPALITY FROM COMPLYING WITH THE REQUIREMENTS UNDER EXISTING LAW OR
PROHIBIT A MUNICIPALITY FROM ENFORCING SUCH EXISTING LAW, (II) PRECLUDE
A MUNICIPALITY OR SOLID WASTE COLLECTION COMPANY FROM DETERMINING WHAT
ADDITIONAL MATERIALS SHALL BE REQUIRED TO BE SOURCE SEPARATED FOR REUSE
OR RECYCLING IN A MUNICIPALITY, OR (III) PRECLUDE A MUNICIPALITY OR
SOLID WASTE COLLECTION COMPANY FROM COORDINATING THE COLLECTION OF PACK-
AGING AND PAPER PRODUCTS FOR RECYCLING OR REUSE.
§ 27-3419. AUTHORITY TO PROMULGATE RULES AND REGULATIONS.
THE DEPARTMENT SHALL HAVE THE AUTHORITY TO PROMULGATE RULES AND REGU-
LATIONS NECESSARY AND APPROPRIATE FOR THE ADMINISTRATION OF THIS TITLE,
S. 4008 114 A. 3008
INCLUDING BUT NOT LIMITED TO PLAN IMPLEMENTATION, REGISTRATION AND
ADMINISTRATIVE FEE SCHEDULES, WAIVERS, AND ADJUSTMENTS OF RATES.
§ 27-3421. SEVERABILITY.
THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
CLAUSE, SENTENCE, OR PROVISION OF THIS TITLE OR THE APPLICABILITY THERE-
OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
§ 4. The state finance law is amended by adding a new section 92-kk to
read as follows:
§ 92-KK. WASTE REDUCTION, REUSE, AND RECYCLING FUND. 1. THERE IS HERE-
BY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF TAXATION AND FINANCE, A SPECIAL FUND
TO BE KNOWN AS THE "WASTE REDUCTION, REUSE, AND RECYCLING FUND".
2. THE WASTE REDUCTION, REUSE, AND RECYCLING FUND SHALL CONSIST OF ALL
REVENUE COLLECTED FROM INITIAL PRODUCER REGISTRATION FEES AND PLAN
IMPLEMENTATION REGISTRATION AND ADMINISTRATIVE FEES PURSUANT TO TITLE
THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION
LAW AND ANY COST RECOVERIES OR OTHER REVENUES COLLECTED PURSUANT TO
TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVA-
TION LAW, AND ANY OTHER MONIES DEPOSITED INTO THE FUND PURSUANT TO LAW.
3. MONEYS OF THE FUND, SUBJECT TO APPROPRIATION, SHALL BE USED FOR
EXECUTION OF THE PROGRAM PURSUANT TO TITLE THIRTY-FOUR OF ARTICLE TWEN-
TY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, AND EXPENDED FOR THE
PURPOSES AS SET FORTH IN TITLE THIRTY-FOUR OF ARTICLE TWENTY-SEVEN OF
THE ENVIRONMENTAL CONSERVATION LAW AND MAY BE MADE AVAILABLE FOR GRANTS
FOR PLANNING AND IMPLEMENTATION RELATED TO WASTE REDUCTION, REUSE, AND
RECYCLING BASED ON FUNDING AVAILABILITY AND NEEDS DETERMINED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
§ 5. This act shall take effect January 1, 2024.
PART QQ
Section 1. Section 56-0501 of the environmental conservation law is
amended by adding a new subdivision 3 to read as follows:
3. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-THREE--TWO THOU-
SAND TWENTY-FOUR, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITH-
IN AVAILABLE APPROPRIATIONS.
§ 2. Subdivision 1 of section 56-0502 of the environmental conserva-
tion law is REPEALED.
§ 3. Subdivisions 1-a and 5 of section 56-0502 of the environmental
conservation law, subdivision 1-a as added and subdivision 5 as amended
by section 2 of part D of chapter 577 of the laws of 2004, are amended
and a new subdivision 1 is added to read as follows:
1. "CONTAMINANT" SHALL MEAN HAZARDOUS WASTE AS DEFINED IN SECTION
27-1301 OF THIS CHAPTER, PETROLEUM AS DEFINED IN SECTION ONE HUNDRED
SEVENTY-TWO OF THE NAVIGATION LAW, AND EMERGING CONTAMINANTS AS DEFINED
IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW.
1-a. "Contamination" or "contaminated" shall [have the same meaning as
provided in section 27-1405 of this chapter] MEAN THE PRESENCE OF A
CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL, SURFACE WATER,
GROUNDWATER, AIR, OR INDOOR AIR.
5. "Municipality", for purposes of this title, shall have the same
meaning as provided in subdivision fifteen of section 56-0101 of this
article, except that such term shall not refer to a municipality that
[generated, transported, or disposed of, arranged for, or that caused
the generation, transportation, or disposal of contamination located at
S. 4008 115 A. 3008
real property proposed to be investigated or to be remediated under an
environmental restoration project. For purposes of this title, the term
municipality includes a municipality acting in partnership with a commu-
nity based organization], THROUGH DELIBERATE ACTION OR INACTION, INTEN-
TIONALLY OR RECKLESSLY CAUSED OR CONTRIBUTED TO CONTAMINATION, OUTSIDE
OF ITS PERFORMANCE OF GOVERNMENTAL FUNCTIONS, WHICH THREATENS PUBLIC
HEALTH OR THE ENVIRONMENT, AT REAL PROPERTY TO BE INVESTIGATED OR REME-
DIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT.
§ 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
mental conservation law, as amended by section 38 of part BB of chapter
56 of the laws of 2015, is amended to read as follows:
(c) A provision that the municipality shall assist in identifying a
responsible party by searching local records, including property tax
rolls, or document reviews, and if, in accordance with the required
departmental approval of any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration project,
which were not included when the state share was calculated pursuant to
this section, [the state assistance share shall be recalculated, and]
THE VALUE OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY TO FUND
ITS MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE RECAL-
CULATED, TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS IS
EQUAL TO OR LESS THAN THE MUNICIPAL SHARE. TO THE EXTENT THE TOTAL OF
ALL SUCH SETTLEMENT AMOUNTS EXCEEDS THE MUNICIPAL SHARE, the munici-
pality shall pay SUCH EXCEEDANCE to the state, for deposit into the
environmental restoration project account of the hazardous waste remedi-
al fund established under section ninety-seven-b of the state finance
law[, the difference between the original state assistance payment and
the recalculated state share. Recalculation of the state share shall be
done each time a payment from a responsible party is received by the
municipality];
§ 5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505
of the environmental conservation law, as amended by section 5 of part D
of chapter 1 of the laws of 2003, are amended and two new paragraphs (f)
and (g) are added to read as follows:
(a) the benefit to the environment AND PUBLIC HEALTH realized by the
expeditious remediation of the property proposed to be subject to such
project;
(d) real property in a designated brownfield opportunity area pursuant
to section nine hundred seventy-r of the general municipal law OR REAL
PROPERTY IN A DISADVANTAGED COMMUNITY PURSUANT TO SUBDIVISION FIVE OF
SECTION 75-0101 OF THIS CHAPTER; [and]
(e) the opportunity for other funding sources to be available for the
INVESTIGATION OR remediation of such property, including, but not limit-
ed to, enforcement actions against responsible parties (other than the
municipality to which state assistance was provided under this title; or
a successor in title, lender, or lessee who was not otherwise a respon-
sible party prior to such municipality taking title to the property),
state assistance payments pursuant to title thirteen of article twenty-
seven of this chapter, and the existence of private parties willing to
remediate such property using private funding sources. Highest priority
shall be granted to projects for which other such funding sources are
not available[.], EXCLUDING STATE OR FEDERAL FUNDS FOR THE INVESTIGATION
OR REMEDIATION PROJECT RECEIVED OR TO BE RECEIVED BY THE MUNICIPALITY;
(F) FOR DRINKING WATER CONTAMINATION SITES AS DEFINED IN SECTION
27-1201 OF THIS CHAPTER, ANY REQUIREMENTS MADE BY THE COMMISSIONER OF
S. 4008 116 A. 3008
HEALTH PURSUANT TO SECTION 27-1205 OF THIS CHAPTER, FOR A MUNICIPALLY
OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG-
ING CONTAMINANT OR CONTAMINANTS; AND
(G) ANY SUCH OTHER CRITERIA DEEMED APPROPRIATE BY THE DEPARTMENT.
§ 6. Subdivision 2 of section 56-0505 of the environmental conserva-
tion law is REPEALED.
§ 7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental
conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
2, as amended by section 5 of part D of chapter 1 of the laws of 2003
and as renumbered by this section, is amended to read as follows:
2. The remediation objective of an environmental restoration remedi-
ation project shall meet the same standard for protection of public
health and the environment that applies to remedial actions undertaken
pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter.
§ 8. Subdivision 3 of section 56-0509 of the environmental conserva-
tion law, as amended by section 4 of part D of chapter 577 of the laws
of 2004, is amended to read as follows:
3. The state shall indemnify and save harmless any municipality[,]
THAT COMPLETES AN ENVIRONMENTAL RESTORATION REMEDIATION PROJECT IN
COMPLIANCE WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE CONTRACT
OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF
THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee,
or lender [identified in paragraph (a) of subdivision one of this
section in the amount of any judgment or settlement, obtained against
such municipality, successor in title, lessee, or lender in any court
for any common law cause of action arising out of the presence of any
contamination in or on property at anytime before the effective date of
a contract entered into pursuant to this title] FOR JUDGMENTS OR SETTLE-
MENTS OBTAINED AGAINST SUCH MUNICIPALITY, SUCCESSOR IN TITLE, LESSEE, OR
LENDER IN ANY COURT FOR ANY COMMON LAW CAUSE OF ACTION ARISING OUT OF
MUNICIPAL ACTIONS RELATED TO THE IMPLEMENTATION OF THE ENVIRONMENTAL
RESTORATION REMEDIATION PROJECT. Such municipality, successor in title,
lessee, or lender shall be entitled to representation by the attorney
general, unless the attorney general determines, or a court of competent
jurisdiction determines, that such representation would constitute a
conflict of interest, in which case the attorney general shall certify
to the comptroller that such party is entitled to private counsel of its
choice, and reasonable attorneys' fees and expenses shall be reimbursed
by the state. Any settlement of such an action shall be subject to the
approval of the attorney general as to form and amount, and this subdi-
vision shall not apply to any settlement of any such action which has
not received such approval.
§ 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
413 of the laws of 1996, a memorandum of understanding shall not be
required to make available twenty million dollars ($20,000,000) from the
Clean Water/Clean Air Bond Act of 1996 for state assistance payments to
municipalities for environmental remediation in accordance with title 5
of article 56 of the environmental conservation law.
§ 10. This act shall take effect immediately.
PART RR
Section 1. The section heading of section 11-0935 of the environmental
conservation law, as added by section 1 of part ZZ of chapter 55 of the
laws of 2021, is amended to read as follows:
Deer hunting [pilot] program.
S. 4008 117 A. 3008
§ 2. Section 2 of part ZZ of chapter 55 of the laws of 2021 amending
the environmental conservation law relating to establishing a deer hunt-
ing pilot program is amended to read as follows:
§ 2. This act shall take effect June 1, 2021 [and shall expire and be
deemed repealed December 31, 2023].
§ 3. This act shall take effect immediately.
PART SS
Section 1. Section 33-0705 of the environmental conservation law, as
amended by section 1 of item NN of subpart B of part XXX of chapter 58
of the laws of 2020, is amended to read as follows:
§ 33-0705. Fee for registration.
The applicant for registration shall pay a fee as follows:
a. [On or before July 1, 2023, six] SIX hundred dollars for each
pesticide proposed to be registered, provided that the applicant has
submitted to the department proof in the form of a federal income tax
return for the previous year showing gross annual sales, for federal
income tax purposes, of three million five hundred thousand dollars or
less; AND
b. [On or before July 1, 2023, for] FOR all others, six hundred twenty
dollars for each pesticide proposed to be registered[;
c. After July 1, 2023, fifty dollars for each pesticide proposed to be
registered].
§ 2. Section 9 of chapter 67 of the laws of 1992, amending the envi-
ronmental conservation law relating to pesticide product registration
timetables and fees, as amended by section 2 of item NN of subpart B of
part XXX of chapter 58 of the laws of 2020, is amended to read as
follows:
§ 9. This act shall take effect April 1, 1992 provided, however, that
section three of this act shall take effect July 1, 1993 [and shall
expire and be deemed repealed on July 1, 2023].
§ 3. This act shall take effect July 1, 2023.
PART TT
Section 1. Short title. This act shall be known and may be cited as
the "Suffolk County water quality restoration act".
§ 2. Legislative intent. The county of Suffolk ("county"), with a
population of one million five hundred thousand persons, has in excess
of three hundred eighty thousand existing onsite systems, comprised
mostly of cesspools and septic systems, with two hundred nine thousand
of these onsite systems in environmentally sensitive areas which could
benefit from nitrogen-reducing technologies. The United States Environ-
mental Protection Agency recognizes Long Island as having a sole source
aquifer system for its drinking water supply. Suffolk county has an
imminent need to preserve this valuable water resource by reducing the
amount of nitrogen discharged into the groundwater by onsite systems.
The full water cycle is impacted by increasing quantities of nutrients,
pathogens, pesticides, volatile organic contaminants and saltwater
intrusion, as well as a number of emerging threats such as prescription
drugs and sea level rise.
The Suffolk county subwatersheds wastewater plan ("SWP"), certified by
the department of environmental conservation as a Nine Elements
Watershed (9E) plan, has documented the devastating effects of high
S. 4008 118 A. 3008
levels of nitrogen pollution, not only on the drinking water quality,
but also on coastal ecosystems, dissolved oxygen, water clarity,
eelgrass, wetlands, shellfish, coastal resilience and in triggering
harmful algal blooms. The SWP, is a long-term plan to address the need
for wastewater treatment infrastructure throughout the county comprehen-
sively over a period of fifty years. The SWP delineates the source and
concentration of nitrogen loading in one hundred ninety-one subwat-
ersheds throughout the county, and establishes nitrogen reduction goals
for each watershed.
For many areas of the county, installing or connecting sewers is not a
practical or cost-effective method of treating wastewater. For that
reason, the SWP prescribes a hybrid approach that relies on sewering
where feasible, and the replacement of cesspools and septic systems with
innovative/alternative onsite wastewater treatment systems. The consol-
idation of any or all of the twenty-seven county sewer districts, as
well as unsewered areas of the county, into a county-wide wastewater
management district would allow for the implementation of a much needed
integrated long-term wastewater solution for the county through compre-
hensive planning and management to improve water quality and support new
housing production.
The purpose of this act is to create a water quality restoration fund
to finance projects for the protection, preservation, and rehabilitation
of groundwater and surface waters as recommended by the SWP. This act
would allow the funding of projects that will mitigate wastewater pollu-
tants utilizing the best available technology consistent with the SWP
and address barriers to housing and economic development.
This act shall provide Suffolk county with the authority to create a
county-wide wastewater management district through the consolidation of
existing county special districts with currently unsewered areas of the
county and the authority to consolidate existing town districts and
village sewer systems. A county-wide wastewater management district will
provide an integrated and efficient approach to managing wastewater
services across the county; allow the county to enhance and expand its
incentive program to property owners to upgrade their wastewater treat-
ment systems without risk of adverse personal income tax consequences;
to manage, monitor and enforce nitrogen reduction programs throughout
the county; to complete additional sewer extension projects; improve the
economic wellbeing of communities; make progress on barriers to housing
development; and provide an opportunity to consolidate and streamline
the county's existing sewer district system and normalize the inequita-
ble rate structure that has long existed.
§ 3. The county law is amended by adding a new section 256-b to read
as follows:
§ 256-B. SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT. 1. (A)
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, INCLUDING THIS ARTICLE, THE COUNTY LEGISLATURE OF SUFFOLK
COUNTY IS HEREBY AUTHORIZED TO ESTABLISH BY RESOLUTION A SUFFOLK COUNTY
WASTEWATER MANAGEMENT DISTRICT, HEREINAFTER REFERRED TO IN THIS SECTION
AS THE "DISTRICT", WHICH SHALL INCLUDE ALL POWERS OF A SEWER DISTRICT
AND A WASTEWATER DISPOSAL DISTRICT AS PROVIDED IN SECTION TWO HUNDRED
FIFTY OF THIS ARTICLE AND AS SET FORTH IN THIS SUBDIVISION, PURSUANT TO
THE PROCEDURE CONTAINED IN THIS SECTION.
(B) IN ADDITION TO THE POWERS PROVIDED IN SECTION TWO HUNDRED FIFTY OF
THIS ARTICLE, THE DISTRICT SHALL HAVE THE POWER, AS DETERMINED BY THE
COUNTY LEGISLATURE, TO: (I) CONSOLIDATE ALL OF THE ORIGINAL SEWER
DISTRICTS WITHIN THE COUNTY AS WELL AS UNSEWERED AREAS OF THE COUNTY,
S. 4008 119 A. 3008
UNDER THE JURISDICTION OF THE DISTRICT; (II) ESTABLISH ONE OR MORE ZONES
OF ASSESSMENT WITHIN THE DISTRICT BASED UPON TERRITORIAL BOUNDARIES, THE
METHOD OF WASTEWATER COLLECTION, TREATMENT AND DISPOSAL, EXISTING OR
PROPOSED, OR BOTH, AND MAKE CHANGES TO SUCH ZONES OF ASSESSMENTS; (III)
ACQUIRE INTERESTS IN REAL PROPERTY WHICH MAY BE COMPLETED BY THE TRANS-
FER OF PROPERTY OF ORIGINAL SEWER DISTRICTS TO THE DISTRICT, NECESSARY
FOR THE INSTALLATION AND MAINTENANCE OF DISTRICT FACILITIES; (IV) PRIOR-
ITIZE DISTRICT PROJECTS IN ACCORDANCE WITH THE SUFFOLK COUNTY SUBWAT-
ERSHED WASTEWATER PLAN (SWP) ADOPTED BY THE COUNTY LEGISLATURE, AND ANY
AMENDMENTS THERETO; (V) RECEIVE FUNDS FROM THE COUNTY OR THE WATER QUAL-
ITY RESTORATION FUND, AS ESTABLISHED BY SUBDIVISION ELEVEN OF THIS
SECTION; (VI) ASSUME AND PAY ANY REMAINING INDEBTEDNESS OF EACH ORIGINAL
SEWER DISTRICT; (VII) ESTABLISH AND PROVIDE FOR THE COLLECTION OF CHARG-
ES, RATES, TAXES OR ASSESSMENTS TO PROVIDE FOR THE COSTS OF OPERATION,
EXPENSES, THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF PRINCIPAL
OF, AND INTEREST ON, OBLIGATIONS FOR IMPROVEMENTS OF THE DISTRICT, MAIN-
TENANCE AND IMPROVEMENTS OF THE DISTRICT, INCLUDING BUT NOT LIMITED TO:
(A) SPECIAL ASSESSMENT AS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO OF THE REAL
PROPERTY TAX LAW; (C) SEWER RENT AS PROVIDED UNDER ARTICLE FOURTEEN-F OF
THE GENERAL MUNICIPAL LAW; (VIII) DISTRIBUTE GRANT PROCEEDS WITHIN THE
DISTRICT IN ACCORDANCE WITH THE GOALS ESTABLISHED IN THE SWP; AND (IX)
ADOPT, AMEND AND REPEAL, FROM TIME TO TIME, RULES AND REGULATIONS FOR
THE OPERATION OF A COUNTY DISTRICT.
2. BOUNDARIES. THE BOUNDARIES OF THE DISTRICT UPON FORMATION SHALL
INCLUDE THE BOUNDARIES OF ALL COUNTY SPECIAL DISTRICTS CONSOLIDATED INTO
THE DISTRICT AND ALL UNSEWERED AREAS OF THE COUNTY. THE ULTIMATE PURPOSE
OF THE DISTRICT SHALL BE TO CONSOLIDATE AND EXTEND THE DISTRICT BOUNDA-
RIES TO COINCIDE WITH THE TERRITORIAL BOUNDARIES OF THE COUNTY OF
SUFFOLK.
3. COUNTY AGENCY REVIEW AND REPORT. THE COUNTY LEGISLATURE SHALL
DIRECT THE COUNTY AGENCY, APPOINTED OR ESTABLISHED PURSUANT TO SECTION
TWO HUNDRED FIFTY-ONE OF THIS ARTICLE, TO REVIEW AND REPORT THEREON TO
THE COUNTY LEGISLATURE ON THE CREATION OF THE DISTRICT AND THE MERGER
THEREWITH OF ANY OR ALL EXISTING COUNTY SEWER DISTRICTS IN ACCORDANCE
WITH THIS SECTION AND SUCH OTHER DETAILS AS MAY BE DIRECTED BY THE COUN-
TY LEGISLATURE CONSISTENT WITH THIS ARTICLE. WHEN THE AGENCY HAS CAUSED
SUCH REPORT TO BE PREPARED, IT SHALL TRANSMIT IT TO THE COUNTY LEGISLA-
TURE. UPON RECEIPT OF THE REPORT, THE COUNTY LEGISLATURE SHALL CALL A
PUBLIC HEARING PURSUANT TO SUBDIVISION FIVE OF THIS SECTION TO CREATE A
SUFFOLK COUNTY WASTEWATER MANAGEMENT DISTRICT IN ACCORDANCE WITH THIS
SECTION. SUCH REPORT SHALL BE FILED IN THE OFFICE OF THE CLERK OF THE
LEGISLATURE OF SUFFOLK COUNTY.
4. RESOLUTION. THE COUNTY LEGISLATURE OF SUFFOLK COUNTY MAY ADOPT A
RESOLUTION CALLING A PUBLIC HEARING UPON THE PROPOSED CREATION OF THE
DISTRICT.
5. NOTICE. THE CLERK OF THE COUNTY LEGISLATURE SHALL GIVE NOTICE OF
THE HEARING DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION IN SUCH NEWS-
PAPERS AND WITHIN SUCH TIME PERIOD AS SET FORTH IN SECTION TWO HUNDRED
FIFTY-FOUR OF THIS ARTICLE. SUCH NOTICE SHALL SPECIFY THE TIME, DATE
AND LOCATION OF SUCH HEARING AND, IN GENERAL TERMS, DESCRIBE THE
PROPOSED ESTABLISHMENT OF THE DISTRICT AND THE PROPOSED BASIS OF THE
FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE AND IMPROVE-
MENTS OF THE DISTRICT.
S. 4008 120 A. 3008
6. HEARING AND RESOLUTION TO ESTABLISH. (A) THE COUNTY LEGISLATURE
SHALL MEET AT THE TIME, DATE AND LOCATION SPECIFIED IN SUCH NOTICE AND
HEAR ALL PERSONS INTERESTED IN THE SUBJECT MATTER THEREOF CONCERNING THE
SAME. IF THE COUNTY LEGISLATURE DETERMINES THAT IT IS IN THE PUBLIC
INTEREST TO ESTABLISH THE DISTRICT AS SPECIFIED IN SUCH NOTICE, IT SHALL
FURTHER DETERMINE BY RESOLUTION: (I) WHETHER ALL PROPERTY AND PROPERTY
OWNERS WITHIN THE PROPOSED DISTRICT ARE BENEFITED THEREBY; AND (II)
WHETHER ALL OF THE PROPERTY AND PROPERTY OWNERS BENEFITED ARE INCLUDED
WITHIN THE LIMITS OF THE PROPOSED DISTRICT, THE COUNTY LEGISLATURE MAY
ADOPT A RESOLUTION, SUBJECT TO A MANDATORY REFERENDUM, ESTABLISHING THE
DISTRICT.
(B) THE PERMISSION OF THE STATE COMPTROLLER SHALL NOT BE REQUIRED TO
ESTABLISH A DISTRICT CREATED PURSUANT TO THIS SECTION.
7. NOTICE OF ADOPTION OF RESOLUTION. WITHIN TEN DAYS AFTER THE
ADOPTION BY THE COUNTY LEGISLATURE OF THE RESOLUTION TO ESTABLISH THE
DISTRICT DESCRIBED IN SUBDIVISION SIX OF THIS SECTION, THE COUNTY LEGIS-
LATURE SHALL GIVE NOTICE THEREOF, AT THE EXPENSE OF THE COUNTY, BY THE
PUBLICATION OF A NOTICE IN SUCH NEWSPAPERS AND WITHIN SUCH TIME PERIOD
AS SET FORTH IN SECTION ONE HUNDRED OF THIS CHAPTER. SUCH NOTICE SHALL
SET FORTH THE DATE OF ADOPTION OF THE RESOLUTION AND CONTAIN AN ABSTRACT
OF SUCH RESOLUTION, DESCRIBING, IN GENERAL TERMS, THE DISTRICT, THE
BASIS FOR THE FUTURE ASSESSMENT OF ALL COSTS OF OPERATION, MAINTENANCE
AND IMPROVEMENTS, AND THAT SUCH RESOLUTION WAS ADOPTED SUBJECT TO A
MANDATORY REFERENDUM.
8. ASSESSMENTS, LEVYS AND CHARGES. AFTER THE ESTABLISHMENT OF THE
DISTRICT IN ACCORDANCE WITH THIS SECTION, THE COUNTY IS HEREBY AUTHOR-
IZED BY RESOLUTION APPROVED BY MAJORITY VOTE OF THE TOTAL MEMBERSHIP OF
THE COUNTY LEGISLATURE TO ASSESS, LEVY AND COLLECT UPON EACH LOT OR
PARCEL OF LAND SUBJECT TO TAXATION WITHIN THE DISTRICT: (A) SPECIAL
ASSESSMENT AS THAT TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW; (B) SPECIAL AD VALOREM LEVY AS
THAT TERM IS DEFINED IN SUBDIVISION FOURTEEN OF SECTION ONE HUNDRED TWO
OF THE REAL PROPERTY TAX LAW; AND (C) SEWER RENTS AS PROVIDED BY ARTICLE
FOURTEEN-F OF THE GENERAL MUNICIPAL LAW. SUCH COSTS AND EXPENSES MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE AMOUNT OF MONEY REQUIRED TO
PAY THE ANNUAL EXPENSES OF MAINTENANCE, OPERATION, PERSONNEL SERVICES OF
THE DISTRICT AND THE SUMS SUFFICIENT TO PAY THE ANNUAL INSTALLMENT OF
PRINCIPAL OF, AND INTEREST ON, OBLIGATIONS FOR IMPROVEMENTS OF THE
DISTRICT. SUCH SUMS SO LEVIED SHALL BE COLLECTED BY THE LOCAL TAX
COLLECTORS OR RECEIVERS OF TAXES AND ASSESSMENTS AND SHALL BE PAID OVER
TO THE CHIEF FISCAL OFFICER OF THE COUNTY, IN THE SAME MANNER AND AT THE
SAME TIME AS TAXES LEVIED FOR GENERAL COUNTY PURPOSES. THE CHIEF FISCAL
OFFICER SHALL KEEP A SEPARATE ACCOUNT OF SUCH MONEYS AND THEY SHALL BE
USED ONLY FOR PURPOSES SET FORTH IN THIS SECTION, AND IN ADDITION, ALL
MONIES COLLECTED FROM EACH ZONE OF ASSESSMENT ESTABLISHED OR AMENDED IN
ACCORDANCE WITH THIS SECTION SHALL BE FURTHER SEGREGATED AND SHALL NOT
BE COMMINGLED WITH MONIES OF OTHER ZONES OF ASSESSMENT EXCEPT UPON
APPROVAL BY RESOLUTION OF THE COUNTY LEGISLATURE UPON RECOMMENDATION OF
THE DISTRICT BOARD OF TRUSTEES ESTABLISHED IN ACCORDANCE WITH THE
SUFFOLK COUNTY WATER QUALITY RESTORATION ACT.
9. OTHER LAWS. ALL PROVISIONS OF THE REAL PROPERTY TAX LAW AND THE
SUFFOLK COUNTY TAX ACT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME,
NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, RELATING TO THE
ASSESSING, LEVY AND COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS,
AD VALOREM LEVIES AND SEWER RENTS IN THE COUNTY SHALL APPLY AND BE OF
S. 4008 121 A. 3008
EQUAL FORCE AND APPLICABILITY TO SPECIAL ASSESSMENTS, AD VALOREM LEVIES
AND SEWER RENTS AUTHORIZED PURSUANT TO THIS SECTION.
10. TOWNS AND VILLAGES. THIS SECTION SHALL NOT BE CONSTRUED AS MERGING
THE SEWER DISTRICTS OF TOWNS AND VILLAGES WITHIN THE COUNTY OF SUFFOLK
INTO THE DISTRICT CREATED BY THIS SECTION, HOWEVER THE MERGER OF ANY
TOWN OR VILLAGE DISTRICT, OR VILLAGE SEWERAGE SYSTEM WITH THE DISTRICT
SHALL BE IN ACCORDANCE WITH SECTION TWO HUNDRED SEVENTY-SEVEN OF THIS
ARTICLE AND SHALL CONSOLIDATE WITH THE SUFFOLK COUNTY WASTEWATER MANAGE-
MENT DISTRICT AND RESULT IN THE EXTENSION OF THIS DISTRICT'S BOUNDARIES.
11. WATER QUALITY RESTORATION FUND. (A) NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, MONIES SHALL BE DEPOSITED IN A SPECIAL FUND BY
THE COUNTY OF SUFFOLK, TO BE DESIGNATED AS THE WATER QUALITY RESTORATION
FUND, TO BE CREATED BY SAID COUNTY THEREFOR, SEPARATE AND APART FROM ANY
OTHER FUNDS AND ACCOUNTS OF THE COUNTY. IN NO EVENT SHALL MONIES DEPOS-
ITED IN THE FUND BE TRANSFERRED TO ANY OTHER ACCOUNT. DEPOSITS INTO THE
FUND MAY INCLUDE REVENUES OF SUFFOLK COUNTY FROM WHATEVER SOURCE. THE
FUND SHALL BE ABLE TO RECEIVE ANY STATE GRANTS OR FUNDING AND ALSO BE
AUTHORIZED TO ACCEPT GIFTS OF FUNDS. INTEREST ACCRUED BY MONIES DEPOSIT-
ED INTO THE FUND SHALL BE CREDITED TO THE FUND. THE PROCEDURAL REQUIRE-
MENTS OF THIS SUBDIVISION SHALL ONLY APPLY TO PROJECTS THAT INTEND TO
USE MONIES FROM THE WATER QUALITY RESTORATION FUND AND NOTHING CONTAINED
IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE FINANCING IN WHOLE OR
IN PART, PURSUANT TO THE LOCAL FINANCE LAW, OF ANY PROJECT AUTHORIZED
PURSUANT TO THIS SECTION. MONIES FROM THE FUND MAY BE UTILIZED TO REPAY
ANY INDEBTEDNESS OR OBLIGATIONS INCURRED PURSUANT TO THE LOCAL FINANCE
LAW CONSISTENT WITH EFFECTUATING THE PURPOSES OF THIS SECTION. MONIES
IN SAID FUND MAY BE APPROPRIATED FROM OR EXPENDED IN ANY FISCAL YEAR TO
IMPLEMENT THE POWERS SET FORTH IN THIS SECTION AND TO REPAY ANY INDEBT-
EDNESS OR OBLIGATIONS INCURRED PURSUANT TO THE LOCAL FINANCE LAW FOR THE
PURPOSES AUTHORIZED PURSUANT TO THIS SECTION.
(B) (I) FOR PURPOSES OF THIS SECTION: "WATER QUALITY IMPROVEMENT
PROJECT" SHALL MEAN THE PLANNING, DESIGN, CONSTRUCTION, ACQUISITION,
ENLARGEMENT, EXTENSION, OR ALTERATION OF A WASTEWATER TREATMENT FACILI-
TY, INCLUDING INDIVIDUAL HOOKUPS, OR AN INDIVIDUAL SEPTIC SYSTEM,
INCLUDING AN ALTERNATIVE WASTEWATER TREATMENT FACILITY OR AN INDIVIDUAL
SEPTIC SYSTEM WITH ACTIVE TREATMENT, TO TREAT, NEUTRALIZE, STABILIZE,
ELIMINATE OR PARTIALLY ELIMINATE SEWAGE OR REDUCE POLLUTANTS, INCLUDING
PERMANENT OR PILOT DEMONSTRATION WASTEWATER TREATMENT PROJECTS, OR
EQUIPMENT OR FURNISHINGS THEREOF. SUCH PROJECTS SHALL HAVE AS THEIR
PURPOSE THE REMEDIATION OF EXISTING WATER QUALITY TO MEET SPECIFIC WATER
QUALITY STANDARDS CONSISTENT WITH THE SWP. PROJECTS CONSISTENT WITH OR
LISTED IN THE SWP THAT ARE PART OF A PLAN ADOPTED BY A LOCAL GOVERNMENT
RESULTING IN A NET NITROGEN REDUCTION SHALL BE ELIGIBLE FOR CONSIDER-
ATION BY THE DISTRICT BOARD OF TRUSTEES, ESTABLISHED IN ACCORDANCE WITH
SUBDIVISION SIX OF THIS SECTION.
(II) OTHER THAN FOR THE PAYMENT OF INDEBTEDNESS OR OBLIGATIONS
INCURRED AS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT
FOR THE PREPARATION OF THE SWP IMPLEMENTATION PLAN, ITSELF, NO MONIES
MAY BE EXPENDED UNTIL THE SWP IMPLEMENTATION PLAN HAS BEEN PREPARED AND
APPROVED AS PROVIDED FOR IN THIS SECTION.
(C) (I) WITHIN THE LOCAL LAW ESTABLISHING THE WATER QUALITY RESTORA-
TION FUND, THE COUNTY SHALL ESTABLISH A DISTRICT BOARD OF TRUSTEES OF
SEVENTEEN MEMBERS TO PREPARE, REVIEW AND APPROVE THE SWP IMPLEMENTATION
PLAN FOR SUBMISSION TO THE COUNTY EXECUTIVE AND COUNTY LEGISLATURE AND
SHALL SPECIFY THE POWERS AND DUTIES OF THE DISTRICT BOARD OF TRUSTEES,
INCLUDING THE PROCEDURES FOR APPOINTMENT OF A CHAIRPERSON. SUCH
S. 4008 122 A. 3008
APPROVAL SHALL BE IN ADDITION TO ALL OTHER APPROVALS REQUIRED BY LAW.
THE BOARD OF TRUSTEES SHALL CONSIST OF: (A) A REPRESENTATIVE FROM THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION; (B) A REPRESENTATIVE FROM THE
EAST END SUPERVISORS AND MAYORS ASSOCIATION; (C) A REPRESENTATIVE OF THE
SUFFOLK TOWN SUPERVISORS ASSOCIATION; (D) A REPRESENTATIVE OF THE
SUFFOLK COUNTY VILLAGE OFFICIALS ASSOCIATION; (E) A TOWN REPRESENTATIVE
FROM THE STATE CENTRAL PINE BARRENS JOINT PLANNING AND POLICY COMMISSION
TO BE DESIGNATED BY THE COMMISSION; (F) A MUNICIPAL REPRESENTATIVE FROM
THE PECONIC ESTUARY PARTNERSHIP; (G) A MUNICIPAL REPRESENTATIVE FROM THE
STATE SOUTH SHORE ESTUARY RESERVE; (H) A MUNICIPAL REPRESENTATIVE FROM
THE LONG ISLAND SOUND ESTUARY; (I) A REPRESENTATIVE OF THE LONG ISLAND
FEDERATION OF LABOR; (J) A REPRESENTATIVE OF BUILDING AND CONSTRUCTION
TRADES COUNCIL OF NASSAU & SUFFOLK COUNTIES; (K) A REPRESENTATIVE FROM A
REGIONAL ENVIRONMENTAL ORGANIZATION; (L) THE CHAIR OF THE SUFFOLK COUNTY
PLANNING COMMISSION; (M) THE COUNTY EXECUTIVE OR DESIGNEE; (N) THE
PRESIDING OFFICER OF THE COUNTY LEGISLATURE OR DESIGNEE; (O) THE MINORI-
TY LEADER OF THE COUNTY LEGISLATURE OR DESIGNEE; (P) THE COUNTY DEPART-
MENT OF PUBLIC WORKS COMMISSIONER OR DESIGNEE; AND (Q) THE COUNTY
DEPARTMENT OF HEALTH SERVICES COMMISSIONER OR DESIGNEE.
(II) THE POWERS AND DUTIES OF THE DISTRICT BOARD OF TRUSTEES SHALL
OVERSEE THE ANNUAL AUDIT PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION,
MAKING PRUDENT RECOMMENDATIONS FOR RESOURCE ALLOCATIONS FOR COUNTY-AP-
PROVED ALTERNATIVE WASTEWATER TREATMENT TECHNOLOGIES NOT CONTEMPLATED IN
THE SUFFOLK COUNTY SUBWATERSHEDS WASTEWATER PLAN AND LONG-TERM PROGRESS
MONITORING OF THE IMPLEMENTATION OF THE SUFFOLK COUNTY SUBWATERSHEDS
WASTEWATER PLAN REGARDING ACHIEVEMENTS OF NITROGEN LOAD REDUCTIONS AND
ECOLOGICAL ENDPOINTS.
(D) SWP IMPLEMENTATION PLAN. THE DISTRICT BOARD OF TRUSTEES SHALL
PREPARE, REVIEW AND APPROVE AND SUBMIT TO THE COUNTY EXECUTIVE THE SWP
IMPLEMENTATION PLAN WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION, AND IN EVERY FIVE YEARS THEREAFTER IN A LIKE MANNER. THE BOARD
OF TRUSTEES SHALL CONDUCT A PUBLIC HEARING ON SAID PLAN BEFORE ITS
ADOPTION OR SUBSEQUENT AMENDMENT. SAID PLAN SHALL LIST EVERY WATER QUAL-
ITY RESTORATION PROJECT WHICH THE COUNTY PLANS TO UNDERTAKE PURSUANT TO
THE FUND AND SHALL STATE HOW SUCH PROJECT WOULD IMPROVE EXISTING WATER
QUALITY. FUNDS MAY ONLY BE EXPENDED PURSUANT TO THIS SECTION FOR
PROJECTS WHICH HAVE BEEN INCLUDED IN SAID PLAN. SAID PLAN SHALL BE
CONSISTENT WITH STATE, FEDERAL, COUNTY, AND LOCAL GOVERNMENT LAND USE
AND WASTEWATER MANAGEMENT PLANS. AFTER SUBMISSION AND APPROVAL BY THE
COUNTY EXECUTIVE, SUCH PLAN SHALL BE SUBMITTED TO THE COUNTY LEGISLA-
TURE. UPON REVIEW, THE COUNTY LEGISLATURE SHALL DETERMINE, BY LOCAL
LAW, WHETHER TO APPROVE THE PROPOSED PLAN, IF THE PLAN IS DENIED, THE
PLAN SHALL BE REMANDED TO THE BOARD OF TRUSTEES FOR FURTHER STUDY. SUCH
PLAN SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY LOCAL LAW. PROJECTS
MAY BE ADDED OR REMOVED FROM THE CURRENTLY EFFECTIVE SWP IMPLEMENTATION
PLAN IN A LIKE MANNER.
(E) ANNUAL AUDIT. THE COUNTY SHALL ANNUALLY COMMISSION AN INDEPENDENT
AUDIT OF THE FUND. THE AUDIT SHALL BE CONDUCTED BY AN INDEPENDENT CERTI-
FIED PUBLIC ACCOUNTANT OR AN INDEPENDENT PUBLIC ACCOUNTANT. SAID AUDIT
SHALL BE PERFORMED BY A CERTIFIED PUBLIC ACCOUNTANT OR AN INDEPENDENT
PUBLIC ACCOUNTANT OTHER THAN THE ONE THAT PERFORMS THE GENERAL AUDIT OF
THE COUNTY'S FINANCES. SUCH AUDIT SHALL BE AN EXAMINATION OF THE FUND
AND SHALL DETERMINE WHETHER THE FUND HAS BEEN ADMINISTERED CONSISTENT
WITH THE PROVISIONS OF THIS SECTION AND ALL OTHER APPLICABLE PROVISIONS
OF STATE LAW. SAID AUDIT SHALL BE INITIATED WITHIN SIXTY DAYS OF THE
CLOSE OF THE FISCAL YEAR OF THE COUNTY AND SHALL BE COMPLETED WITHIN ONE
S. 4008 123 A. 3008
HUNDRED TWENTY DAYS OF THE CLOSE OF THE FISCAL YEAR. A COPY OF THE
AUDIT SHALL BE SUBMITTED ANNUALLY TO THE STATE COMPTROLLER AND THE COUN-
TY COMPTROLLER. A COPY OF THE AUDIT SHALL BE MADE AVAILABLE TO THE
PUBLIC WITHIN THIRTY DAYS OF ITS COMPLETION. A NOTICE OF THE COMPLETION
OF THE AUDIT SHALL BE PUBLISHED IN THE OFFICIAL NEWSPAPER OF THE COUNTY
AND SHALL ALSO BE POSTED ON THE INTERNET WEBSITE FOR THE COUNTY. THE
COST OF THE AUDIT MAY BE A CHARGE TO THE FUND.
(F) ANNUAL REPORT. IN ADDITION TO ANY OTHER REPORT REQUIRED BY THIS
SECTION, THE DISTRICT BOARD OF TRUSTEES, THROUGH ITS CHAIRPERSON, SHALL
DELIVER ANNUALLY A REPORT TO THE COUNTY LEGISLATURE. SUCH REPORT
SHALL BE PRESENTED BY MAY FIFTEENTH OF EACH YEAR. THE REPORT SHALL
DESCRIBE IN DETAIL THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE
ADMINISTRATIVE ACTIVITIES OF THE WATER QUALITY FUND AND DISTRICT ESTAB-
LISHED IN ACCORDANCE WITH THIS SECTION, DURING THE PRIOR YEAR. AT THE
CONCLUSION OF THE REPORT, THE CHAIRPERSON OF THE DISTRICT BOARD OF TRUS-
TEES SHALL BE PREPARED TO ANSWER THE QUESTIONS OF THE COUNTY LEGISLATURE
WITH RESPECT TO THE PROJECTS UNDERTAKEN, THE MONIES EXPENDED, AND THE
ADMINISTRATIVE ACTIVITIES DURING THE PAST YEAR.
§ 4. Paragraph a of section 11.00 of the local finance law is amended
by adding a new subdivision 109 to read as follows:
109. SEPTIC SYSTEMS. THE ACQUISITION, CONSTRUCTION, OR RECONSTRUCTION
OF OR ADDITION TO SEPTIC SYSTEMS FUNDED BY PROGRAMS ESTABLISHED BY THE
COUNTY OF SUFFOLK, TWENTY-FIVE YEARS.
§ 5. This act shall take effect immediately.
PART UU
Section 1. Paragraph (a) of section 11.00 of the local finance law is
amended by adding a new subdivision 109 to read as follows:
109. LEAD SERVICE LINE REPLACEMENT PROGRAMS ESTABLISHED BY A MUNICI-
PALITY, SCHOOL DISTRICT OR DISTRICT CORPORATION, INCLUDING, BUT NOT
LIMITED TO PROGRAMS THAT INVENTORY, DESIGN AND REPLACE PUBLICLY OWNED
AND PRIVATELY OWNED LEAD SERVICE LINES WITHIN AN ESTABLISHED WATER
SYSTEM, THIRTY YEARS. AS USED IN THIS SUBDIVISION, "LEAD SERVICE LINE"
MEANS A SERVICE LINE MADE IN WHOLE OR IN PART OF LEAD, WHICH CONNECTS A
WATER MAIN TO A BUILDING INLET. A LEAD SERVICE LINE MAY BE OWNED BY THE
WATER SYSTEM, A PROPERTY OWNER, OR BOTH. A LEAD GOOSENECK, PIGTAIL, OR
CONNECTOR SHALL BE ELIGIBLE FOR REPLACEMENT REGARDLESS OF THE SERVICE
LINE MATERIAL TO WHICH A LEAD GOOSENECK, PIGTAIL, OR CONNECTOR IS
ATTACHED. GOOSENECK, PIGTAIL, OR CONNECTOR MEANS A SHORT SECTION OF
PIPING, TYPICALLY NOT EXCEEDING TWO FEET, WHICH CAN BE BENT AND USED FOR
CONNECTIONS BETWEEN RIGID SERVICE PIPING. A GALVANIZED IRON OR STEEL
SERVICE LINE IS CONSIDERED A LEAD SERVICE LINE IF IT EVER WAS OR IS
CURRENTLY DOWNSTREAM OF ANY LEAD SERVICE LINE OR SERVICE LINE OF UNKNOWN
MATERIAL.
§ 2. This act shall take effect immediately.
PART VV
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
S. 4008 124 A. 3008
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 15, 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 15, 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 15,
annually, 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 pursuant to article 7 or 10 of the public
service law, shall be deemed expenses of the department of public
service within the meaning of section 18-a of the public service law. No
later than August 15, annually, the commissioner of the department of
S. 4008 125 A. 3008
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 15,
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, 2023.
PART WW
Section 1. Subdivision 2 of section 3-101 of the energy law, as
amended by chapter 374 of the laws of 2022, is amended to read as
follows:
2. to encourage conservation of energy and to promote the clean energy
and climate agenda, including but not limited to greenhouse gas
reduction, set forth within chapter one hundred six of the laws of two
thousand nineteen, also known as the New York state climate leadership
and community protection act, in the construction and operation of new
commercial, industrial, agricultural and residential buildings, and in
the rehabilitation of existing structures, through EQUIPMENT AND SYSTEMS
INCLUDING BUT NOT LIMITED TO heating, cooling, ventilation, lighting,
insulation and design techniques and the use of energy audits and life-
cycle costing analysis;
§ 2. 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[,]:
(A) CONSISTENT WITH STATE ENERGY POLICY AS DESCRIBED IN SUBDIVISIONS
TWO AND THREE OF SECTION 3-101 OF THIS CHAPTER, IF ANY PROVISION OF THE
CODE OR ANY PROVISION OF THE UNIFORM CODE IS, OR MAY BE, INCONSISTENT
WITH OR IN CONFLICT WITH ANY REGULATIONS PROMULGATED PURSUANT TO THE NEW
YORK CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT SET FORTH WITHIN
CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, PRODUCT
PERFORMANCE STANDARDS ADOPTED PURSUANT TO ARTICLE SIXTEEN OF THIS CHAP-
S. 4008 126 A. 3008
TER, ANY REGULATION PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION PURSUANT TO THE ENVIRONMENTAL CONSERVATION LAW, OR ANY
OTHER LAW OR REGULATION INTENDED TO FURTHER THE STATE'S CLEAN ENERGY AND
CLIMATE AGENDA, AND IF SUCH PROVISION IS DESIGNED TO ACHIEVE A GREATER
AMOUNT OF GREENHOUSE GAS OR CO-POLLUTANT EMISSIONS REDUCTIONS THAN THE
INCONSISTENT OR CONFLICTING PROVISION OF THE CODE OR UNIFORM CODE, THE
STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL AMEND THE CODE OR
UNIFORM CODE IN A MANNER THAT WOULD ELIMINATE THE INCONSISTENCY OR
CONFLICT, SUBJECT TO ANY EXEMPTIONS ALLOWED BY LAW AND PROVIDED THAT
SUCH AMENDMENT IS CONSISTENT WITH THE PURPOSES AND INTENT OF THIS ARTI-
CLE OR ARTICLE EIGHTEEN OF THE EXECUTIVE LAW, AS APPLICABLE, WITH
ACCEPTED ENGINEERING PRACTICES, AND WITH NATIONALLY RECOGNIZED AND
PUBLISHED STANDARDS THAT PROTECT BUILDING OCCUPANT SAFETY AND REDUCE
FIRE RISKS; AND
(B) nothing in this section shall be deemed to expand the powers of
the council to include matters that are exclusively within the statutory
jurisdiction of the public service commission, the department of envi-
ronmental conservation, the office of renewable energy siting or another
state entity.
§ 3. Subdivision 6 of section 11-104 of the energy law, as added by
chapter 374 of the laws of 2022, is amended and two new subdivisions 7
and 8 are added to read as follows:
6. To the fullest extent feasible, the standards for construction of
buildings in the code shall be designed to help achieve the state's
clean energy and climate agenda, including but not limited to greenhouse
gas reduction, set forth within chapter one hundred six of the laws of
two thousand nineteen, also known as the New York state climate leader-
ship and community protection act, and as further identified by the New
York state climate action council established pursuant to section
75-0103 of the environmental conservation law. CONSISTENT WITH THE FORE-
GOING:
(A) THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL EQUIPMENT
AND BUILDING SYSTEMS, IN ANY NEW ONE-FAMILY RESIDENTIAL BUILDING OF ANY
HEIGHT OR NEW MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN THREE
STORIES IN HEIGHT ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-FIVE, AND THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL
EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW MULTI-FAMILY RESIDENTIAL
BUILDING MORE THAN THREE STORIES IN HEIGHT OR NEW COMMERCIAL BUILDING ON
OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT; AND
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION 11-103 OF THIS ARTICLE AND SUBJECT TO SUCH EXEMPTIONS AS MAY
BE SET FORTH IN REGULATIONS PROMULGATED PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER, THE CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL
HEATING EQUIPMENT AND BUILDING SYSTEMS AT ANY TIME ON OR AFTER JANUARY
FIRST, TWO THOUSAND THIRTY IN ANY ONE-FAMILY RESIDENTIAL BUILDING OF ANY
HEIGHT OR MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN THREE STORIES
IN HEIGHT EXISTING ON OR AFTER SUCH DATE, AND THE CODE SHALL PROHIBIT
THE INSTALLATION OF FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS
AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY-FIVE IN ANY
MULTI-FAMILY RESIDENTIAL BUILDING MORE THAN THREE STORIES IN HEIGHT OR
COMMERCIAL BUILDING EXISTING ON OR AFTER THAT DATE.
7. (A) THE PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVI-
SION SIX OF THIS SECTION SHALL NOT BE CONSTRUED AS PROHIBITING THE
CONTINUED USE AND MAINTENANCE OF FOSSIL-FUEL EQUIPMENT AND BUILDING
SYSTEMS, INCLUDING AS RELATED TO COOKING EQUIPMENT, INSTALLED PRIOR TO
THE EFFECTIVE DATE OF THE APPLICABLE PROHIBITION. IN ADDITION, THE
S. 4008 127 A. 3008
PROVISIONS SET FORTH IN PARAGRAPHS (A) AND (B) OF SUBDIVISION SIX OF
THIS SECTION SHALL INCLUDE SUCH EXEMPTIONS AS THE STATE FIRE PREVENTION
AND BUILDING CODE COUNCIL DEEMS APPROPRIATE FOR THE PURPOSES OF ALLOWING
THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS
WHERE SUCH ARE INSTALLED AND USED:
(I) FOR GENERATION OF EMERGENCY BACK-UP POWER;
(II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION
SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR
(III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC-
TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, LAUNDROMAT,
HOSPITAL, OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE SUCH AS BACKUP
POWER FOR WASTEWATER TREATMENT FACILITIES, OR CREMATORIUM.
(B) WHERE THE CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO SUBPARA-
GRAPH (I) OR (III) OF PARAGRAPH (A) OF THIS SUBDIVISION, SUCH EXEMPTION
SHALL INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE, LIMIT THE
USE OF FOSSIL-FUEL EQUIPMENT AND BUILDINGS SYSTEMS TO THE SYSTEM AND
AREA OF THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL EQUIPMENT
AND BUILDING SYSTEMS IS INFEASIBLE; REQUIRE THE AREA OR SERVICE WITHIN A
NEW BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE
INSTALLED BE ELECTRIFICATION READY; AND MINIMIZE EMISSIONS FROM THE
FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED TO BE USED,
PROVIDED THAT THE PROVISIONS SET FORTH IN THIS PARAGRAPH DO NOT ADVERSE-
LY AFFECT HEALTH, SAFETY, SECURITY, OR FIRE PROTECTION, AND FINANCIAL
CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR
TECHNICAL INFEASIBILITY.
(C) EXEMPTIONS INCLUDED IN THE CODE PURSUANT TO THIS SUBDIVISION SHALL
BE PERIODICALLY REVIEWED BY THE STATE FIRE PREVENTION AND BUILDING CODE
COUNCIL TO ASSURE THAT THEY CONTINUE TO EFFECTUATE THE PURPOSES OF
SUBDIVISION SIX OF THIS SECTION TO THE FULLEST EXTENT FEASIBLE. THE
STATE FIRE PREVENTION AND BUILDING CODE COUNCIL MAY FROM TIME TO TIME
AMEND SUCH EXEMPTIONS AS NECESSARY.
8. FOR THE PURPOSES OF THIS SECTION:
(A) "FOSSIL-FUEL" MEANS FUEL USED FOR COMBUSTION, IN THE FORM OF ANY
OF THE FOLLOWING: NATURAL GAS DERIVED FROM NATURALLY OCCURRING GEOLOGIC
DEPOSITS OF PRINCIPALLY METHANE; PETROLEUM; COAL; OR ANY FORM OF SOLID,
LIQUID OR GASEOUS FUEL SOURCED FROM ANY OF THE FOREGOING MATERIALS.
(B) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I) EQUIP-
MENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THIS ARTICLE, THAT
USES FOSSIL-FUEL; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL BE
USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF FOSSIL-
FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY MOTOR VEHICLES.
(C) "FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN
(I) EQUIPMENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THIS ARTI-
CLE, THAT USES FOSSIL-FUEL FOR SPACE HEATING OR HOT WATER SUPPLY; OR
(II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL BE USED FOR OR TO SUPPORT
THE SUPPLY, DISTRIBUTION, OR DELIVERY OF FOSSIL-FUEL FOR SPACE HEATING
OR HOT WATER SUPPLY. FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS
SHALL NOT INCLUDE EQUIPMENT AND BUILDING SYSTEMS RELATED TO COOKING.
(D) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF
WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED
WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT
CAPACITY FOR A FUTURE REPLACEMENT OF SUCH FOSSIL-FUEL EQUIPMENT AND
BUILDING SYSTEMS WITH ELECTRIC-POWERED EQUIPMENT, INCLUDING BUT NOT
LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE-
WAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH
ELECTRIC-POWERED EQUIPMENT.
S. 4008 128 A. 3008
§ 4. Section 16-109 of the energy law, as added by chapter 374 of the
laws of 2022, is amended to read as follows:
§ 16-109. Conflicts with other laws. [Nothing in this] THIS article
[or in] AND any regulation adopted pursuant to this article shall
[limit, impair, or supersede] BE SUBJECT TO the provisions of subdivi-
sion one of section three hundred eighty-three of the executive law [or]
AND the provisions of subdivision three of section 11-103 of this chap-
ter.
§ 5. Section 371 of the executive law, as added by chapter 707 of the
laws of 1981, is amended to read as follows:
§ 371. Statement of legislative findings and purposes. 1. The legisla-
ture hereby finds and declares that:
a. The present level of loss of life, injury to persons, and damage to
property as a result of fire demonstrates that the people of the state
have yet to receive the basic level of protection to which they are
entitled in connection with the construction and maintenance of build-
ings;
b. There does not exist for all areas of the state a single, adequate,
enforceable code establishing minimum standards for fire protection and
construction, maintenance and use of materials in buildings. Instead,
there exists a multiplicity of codes and requirements for various types
of buildings administered at various levels of state and local govern-
ment. There are, in addition, extensive areas of the state in which no
code at all is in effect for the general benefit of the people of the
state;
c. The present system of enforcement of fire protection and building
construction codes is characterized by a lack of adequately trained
personnel, as well as inconsistent qualifications for personnel who
administer and enforce those codes;
d. Whether because of the absence of applicable codes, inadequate code
provisions or inadequate enforcement of codes, the threat to the public
health and safety posed by fire remains a real and present danger for
the people of the state; [and]
e. THE FIRE PROTECTION AND BUILDING CONSTRUCTION CODE REQUIREMENTS
SHALL ALIGN WITH REGULATIONS PROMULGATED PURSUANT TO THE NEW YORK
CLIMATE LEADERSHIP AND PROTECTION ACT SET FORTH WITHIN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN SO AS TO SUPPORT THE
REDUCTION OF GREENHOUSE GAS EMISSIONS AS SET FORTH IN SECTION EIGHT OF
SUCH ACT; AND
F. The multiplicity of fire protection and building construction code
requirements poses an additional problem for the people of the state
since it increases the cost of doing business in the state by perpetuat-
ing multiple requirements, jurisdictional overlaps and business uncer-
tainties, and, in some instances, by artificially inducing high
construction costs.
2. The legislature declares that it shall be the public policy of the
state of New York to:
a. Immediately provide for a minimum level of protection from the
hazards of fire in every part of the state;
b. Provide for the promulgation of a uniform code addressing building
construction and fire prevention in order to provide a basic minimum
level of protection to all people of the state from hazards of fire and
inadequate building construction. In providing for such a uniform code,
it is declared to be the policy of the state of New York to:
(1) reconcile the myriad existing and potentially conflicting regu-
lations which apply to different types of buildings and occupancies;
S. 4008 129 A. 3008
(2) recognize that fire prevention and fire prevention codes are
closely related to the adequacy of building construction codes, that the
greatest portion of a building code's requirements are fire safety
oriented, and that fire prevention and building construction concerns
should be the subject of a single code;
(3) RECOGNIZE THAT THE DECARBONIZATION OF NEW AND EXISTING BUILDINGS
IS CLOSELY RELATED TO THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA AS
DESCRIBED IN THE NEW YORK CLIMATE LEADERSHIP AND COMMUNITY PROTECTION
ACT SET FORTH IN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND
NINETEEN, AND THAT THE UNIFORM CODE SHALL ENABLE THE STATE'S CLEAN ENER-
GY OBJECTIVES TO THE MAXIMUM EXTENT PRACTICABLE;
(4) place public and private buildings on an equal plane with respect
to fire prevention and adequacy of building construction;
[(4)] (5) require new and existing buildings alike to keep pace with
advances in technology concerning fire prevention and building
construction, including, where appropriate, that provisions apply on a
retroactive basis; and
[(5)] (6) provide protection to both residential and non-residential
buildings;
c. Insure that the uniform code be in full force and effect in every
area of the state;
d. Encourage local governments to exercise their full powers to admin-
ister and enforce the uniform code; and
e. Provide for a uniform, statewide approach to the training and qual-
ification of personnel engaged in the administration and enforcement of
the uniform code.
§ 6. Subdivision 2 of section 375 of the executive law, as amended by
chapter 309 of the laws of 1996, is amended to read as follows:
2. To study the operation of the uniform fire prevention and building
code, the state energy conservation construction code established by
article eleven of the energy law, local regulations and other laws
relating to the construction of buildings and the protection of build-
ings from fire to ascertain their effects upon the cost of building
construction and the effectiveness of their provisions for health, safe-
ty and security, particularly as such provisions relate to the
protection of life and property from the dangers of fire, AND THE EFFEC-
TIVENESS OF THEIR PROVISIONS FOR THE REDUCTION OF GREENHOUSE GAS EMIS-
SIONS AND CO-POLLUTANTS IN FURTHERANCE OF THE STATE'S CLEAN ENERGY AND
CLIMATE AGENDA PURSUANT TO THE NEW YORK CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF
TWO THOUSAND NINETEEN.
§ 7. Subdivision 19 of section 378 of the executive law, as renumbered
by chapter 47 of the laws of 2022, is renumbered subdivision 20 and a
new subdivision 19 is added to read as follows:
19. A. THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-FUEL
EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW ONE-FAMILY RESIDENTIAL BUILD-
ING OF ANY HEIGHT OR NEW MULTI-FAMILY RESIDENTIAL BUILDING NOT MORE THAN
THREE STORIES IN HEIGHT ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-FIVE, AND THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF
FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, IN ANY NEW MULTI-FAMILY
RESIDENTIAL BUILDING MORE THAN THREE STORIES IN HEIGHT OR NEW COMMERCIAL
BUILDING ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT.
B. NOTWITHSTANDING THE PROVISIONS OF SECTION NINETEEN OF CHAPTER SEVEN
HUNDRED SEVEN OF THE LAWS OF NINETEEN HUNDRED EIGHTY-ONE AND SUBJECT TO
SUCH EXEMPTIONS AS MAY BE SET FORTH IN REGULATIONS PROMULGATED PURSUANT
TO ARTICLE SIXTEEN OF THE ENERGY LAW, THE UNIFORM CODE SHALL PROHIBIT
S. 4008 130 A. 3008
THE INSTALLATION OF FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS
AT ANY TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTY IN ANY ONE-
FAMILY RESIDENTIAL BUILDING OF ANY HEIGHT OR MULTI-FAMILY RESIDENTIAL
BUILDING NOT MORE THAN THREE STORIES IN HEIGHT EXISTING ON OR AFTER THAT
DATE, AND THE UNIFORM CODE SHALL PROHIBIT THE INSTALLATION OF FOSSIL-
FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS AT ANY TIME ON OR AFTER
JANUARY FIRST, TWO THOUSAND THIRTY-FIVE IN ANY MULTI-FAMILY RESIDENTIAL
BUILDING MORE THAN THREE STORIES IN HEIGHT OR COMMERCIAL BUILDING EXIST-
ING ON OR AFTER THAT DATE.
C. THE PROVISIONS SET FORTH IN PARAGRAPHS A AND B OF THIS SUBDIVISION
SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND MAINTENANCE
OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO
COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE DATE OF THE APPLICA-
BLE PROHIBITION. IN ADDITION, THE PROVISIONS SET FORTH IN PARAGRAPHS A
AND B OF THIS SUBDIVISION SHALL INCLUDE SUCH EXEMPTIONS AS THE STATE
FIRE PREVENTION AND BUILDING CODE COUNCIL DEEMS APPROPRIATE FOR THE
PURPOSES OF ALLOWING THE INSTALLATION AND USE OF FOSSIL-FUEL EQUIPMENT
AND BUILDING SYSTEMS WHERE SUCH SYSTEMS ARE INSTALLED AND USED:
(I) FOR GENERATION OF EMERGENCY BACK-UP POWER;
(II) IN A MANUFACTURED HOME AS DEFINED IN SUBDIVISION SEVEN OF SECTION
SIX HUNDRED ONE OF THE EXECUTIVE LAW; OR
(III) IN A BUILDING OR PART OF A BUILDING THAT IS USED AS A MANUFAC-
TURING FACILITY, COMMERCIAL FOOD ESTABLISHMENT, LABORATORY, LAUNDROMAT,
HOSPITAL, OTHER MEDICAL FACILITY, CRITICAL INFRASTRUCTURE SUCH AS BACKUP
POWER FOR WASTEWATER TREATMENT FACILITIES, OR CREMATORIUM.
D. WHERE THE UNIFORM CODE INCLUDES AN ALLOWED EXEMPTION PURSUANT TO
SUBPARAGRAPH (I) OR (III) OF PARAGRAPH C OF THIS SUBDIVISION, SUCH
EXEMPTION SHALL INCLUDE PROVISIONS THAT, TO THE FULLEST EXTENT FEASIBLE,
LIMIT THE USE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS TO THE
SYSTEM AND AREA OF THE BUILDING FOR WHICH A PROHIBITION ON FOSSIL-FUEL
EQUIPMENT AND BUILDING SYSTEMS IS INFEASIBLE; REQUIRE THE AREA OR
SERVICE WITHIN A NEW BUILDING WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING
SYSTEMS ARE INSTALLED BE ELECTRIFICATION READY; AND MINIMIZE EMISSIONS
FROM THE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS THAT ARE ALLOWED TO
BE USED, PROVIDED THAT SUCH PROVISIONS DO NOT ADVERSELY AFFECT HEALTH,
SAFETY, SECURITY, OR FIRE PROTECTION, AND FINANCIAL CONSIDERATIONS SHALL
NOT BE SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBIL-
ITY.
E. EXEMPTIONS INCLUDED IN THE UNIFORM CODE PURSUANT TO THIS SUBDIVI-
SION SHALL BE PERIODICALLY REVIEWED BY THE CODE COUNCIL TO ASSURE THAT
THEY CONTINUE TO EFFECTUATE THE PURPOSES OF PARAGRAPH E OF SUBDIVISION
ONE AND SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION TWO OF SECTION
THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE TO THE FULLEST EXTENT FEASI-
BLE. THE CODE COUNCIL MAY FROM TIME TO TIME AMEND SUCH EXEMPTIONS AS
NECESSARY.
F. FOR THE PURPOSES OF THIS SUBDIVISION:
(I) "FOSSIL-FUEL" MEANS FUEL USED FOR COMBUSTION, IN THE FORM OF ANY
OF THE FOLLOWING: NATURAL GAS DERIVED FROM NATURALLY OCCURRING GEOLOGIC
DEPOSITS OF PRINCIPALLY METHANE; PETROLEUM; COAL; OR ANY FORM OF SOLID,
LIQUID OR GASEOUS FUEL SOURCED FROM ANY OF THE FOREGOING MATERIALS.
(II) "FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN (I)
EQUIPMENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THE ENERGY LAW,
THAT USES FOSSIL-FUEL; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT WILL
BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF
FOSSIL-FUEL FOR ANY PURPOSE, OTHER THAN FOR USE BY MOTOR VEHICLES.
S. 4008 131 A. 3008
(III) "FOSSIL-FUEL HEATING EQUIPMENT AND BUILDING SYSTEMS" SHALL MEAN
(I) EQUIPMENT, AS SUCH TERM IS DEFINED IN SECTION 11-102 OF THE ENERGY
LAW, THAT USES FOSSIL-FUEL; OR (II) SYSTEMS EMBEDDED IN A BUILDING THAT
WILL BE USED FOR OR TO SUPPORT THE SUPPLY, DISTRIBUTION, OR DELIVERY OF
FOSSIL-FUEL FOR SPACE HEATING OR HOT WATER SUPPLY. FOSSIL-FUEL HEATING
EQUIPMENT AND BUILDING SYSTEMS SHALL NOT INCLUDE EQUIPMENT AND BUILDING
SYSTEMS RELATED TO COOKING.
(IV) "ELECTRIFICATION READY" MEANS THE NEW BUILDING OR PORTION THEREOF
WHERE FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS ARE ALLOWED TO BE USED
WHICH CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT
CAPACITY FOR A FUTURE REPLACEMENT OF SUCH FOSSIL-FUEL EQUIPMENT AND
BUILDING SYSTEMS WITH ELECTRIC-POWERED EQUIPMENT, INCLUDING BUT NOT
LIMITED TO SUFFICIENT SPACE, DRAINAGE, ELECTRICAL CONDUCTORS OR RACE-
WAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR SUCH
ELECTRIC-POWERED EQUIPMENT.
G. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, SUCH CITIES'
LOCAL CODE PROVISIONS SHALL BE AT LEAST AS STRINGENT AS THE PROVISIONS
SET FORTH BY THIS SUBDIVISION.
§ 8. Subdivisions 1 and 2 of section 379 of the executive law, subdi-
vision 1 as amended by chapter 348 of the laws of 2017 and subdivision 2
as added by chapter 707 of the laws of 1981, are amended to read as
follows:
1. Except in the case of factory manufactured homes, intended for use
as one or two family dwelling units or multiple dwellings of not more
than two stories in height, the legislative body of any local government
may duly enact or adopt local laws or ordinances imposing higher or more
restrictive standards for construction within the jurisdiction of such
local government than are applicable generally to such local government
in the uniform code. Within thirty days of such enactment or adoption,
the chief executive officer, or if there be none, the chairman of the
legislative body of such local government, shall so notify the council,
and shall petition the council for a determination of whether such local
laws or ordinances are more stringent than the standards for
construction applicable generally to such local government in the
uniform code. Such local laws or ordinances shall take full force and
effect upon an affirmative [determination] FINDING AND APPROVAL by the
council as provided [herein] IN SUBDIVISION TWO OF THIS SECTION.
2. If the council finds that such STANDARDS ARE higher or more
restrictive AND A. standards are reasonably necessary because of special
conditions prevailing within the local government and that such stand-
ards conform with accepted engineering and fire prevention practices and
the purposes of this article, OR B. ARE REASONABLY NECESSARY TO FURTHER
THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED
TO GREENHOUSE GAS EMISSIONS REDUCTION AND OTHER OBJECTIVES OF THE NEW
YORK CLIMATE LEADERSHIP AND PROTECTION ACT SET FORTH WITHIN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AND THAT SUCH STAND-
ARDS CONFORM WITH ACCEPTED ENGINEERING AND FIRE PREVENTION PRACTICES AND
THE PURPOSES OF THIS ARTICLE, the council shall [adopt] APPROVE such
standards, in whole or part. The council shall have the power to limit
the term or duration of such standards, impose conditions in connection
with the adoption thereof, and to terminate such standards at such
times, and in such manner as the council may deem necessary, desirable
or proper.
§ 9. Paragraphs h and i of subdivision 1 of section 381 of the execu-
tive law, as added by chapter 560 of the laws of 2010, are amended and a
new paragraph j is added to read as follows:
S. 4008 132 A. 3008
h. minimum basic training and in-service training requirements for
personnel charged with administration and enforcement of the state ener-
gy conservation construction code; [and]
i. standards and procedures for measuring the rate of compliance with
the state energy conservation construction code, and provisions requir-
ing that such rate of compliance be measured on an annual basis[.]; AND
J. AUTHORIZING THE ISSUANCE OF A PERMIT FOR CONSTRUCTION BASED ON
EXISTING PROVISIONS OF THE UNIFORM CODE WHERE A SUBSTANTIALLY COMPLETE
SET OF CONSTRUCTION DRAWINGS HAVE BEEN SUBMITTED PRIOR TO THE EFFECTIVE
DATE OF ANY AMENDMENT TO THE UNIFORM CODE.
§ 10. Subdivision 1 of section 383 of the executive law is amended by
adding a new paragraph d to read as follows:
D. THIS ARTICLE SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION
THREE OF SECTION 11-103 OF THE ENERGY LAW.
§ 11. The article heading of article 16 of the energy law, as amended
by chapter 374 of the laws of 2022, is amended to read as follows:
APPLIANCE AND EQUIPMENT
[EFFICIENCY] PERFORMANCE STANDARDS
§ 12. Subdivision 18 of section 16-102 of the energy law, as amended
by chapter 374 of the laws of 2022, is amended to read as follows:
18. "[Efficiency] PERFORMANCE standard" means a standard that defines
performance metrics and/or defines prescriptive design requirements
associated with the regulated category of product in order to: (A)
reduce energy consumption[,]; (B) reduce water consumption[, and]; (C)
reduce greenhouse gas emissions associated with energy consumption
[and/or]; OR (D) increase demand flexibility. A PERFORMANCE STANDARD MAY
BE DESIGNED TO PROMOTE ONE OF THE FOREGOING OBJECTIVES, AND MULTIPLE
PERFORMANCE STANDARDS FOR A REGULATED CATEGORY OF PRODUCT MAY BE USED TO
PROMOTE MULTIPLE OBJECTIVES.
§ 13. Subdivision 1 of section 16-104 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
1. The provisions of this article apply to the establishment of, test-
ing for compliance with, certification of compliance with, and enforce-
ment of [efficiency] PERFORMANCE standards for the following new
products which are sold, or offered for sale, leased or offered for
lease, rented or offered for rent or installed or offered to install in
New York state unless preempting federal appliance standards are in
effect: (a) automatic commercial ice cube machines; (b) ceiling fan
light kits; (c) commercial pre-rinse spray valves; (d) commercial refri-
gerators, freezers and refrigerator-freezers; (e) consumer audio and
video products; (f) illuminated exit signs; (g) incandescent reflector
lamps; (h) very large commercial packaged air-conditioning and heating
equipment; (i) metal halide lamp fixtures; (j) pedestrian traffic signal
modules; (k) power supplies; (l) torchiere lighting fixtures; (m) unit
heaters; (n) vehicular traffic signal modules; (o) portable light
fixtures; (p) bottle-type water dispensers; (q) commercial hot food
holding cabinets; (r) portable electric spas; (s) replacement dedicat-
ed-purpose pool pump motors; (t) air compressors; (u) air purifiers; (v)
commercial dishwashers; (w) commercial fryers; (x) commercial steam
cookers; (y) computers and computer monitors; (z) general service lamps;
(aa) federally exempt fluorescent lamps; (bb) portable air conditioners;
(cc) residential ventilating fans; (dd) telephones; (ee) faucets; (ff)
showerheads; (gg) urinals; (hh) water closets; (ii) sprinkler bodies;
(jj) uninterruptable power supplies; (kk) light emitting diode lamps;
(ll) electric vehicle supply equipment; (mm) commercial battery charger
systems; (nn) commercial ovens; (oo) commercial clothes dryers; (pp)
S. 4008 133 A. 3008
commercial and industrial fans and blowers; (qq) imaging equipment; (rr)
landscape irrigation controllers; (ss) outdoor lighting; (tt) plug-in
luminous signs; (uu) small network equipment; (vv) tub spout diverters;
(ww) commercial hot food holding cabinets; (xx) gas fireplaces; (yy)
products for which efficiency OR OTHER PERFORMANCE standards shall have
been established pursuant to paragraph (b) or (c) of subdivision one of
section 16-106 of this article; and (zz) products that had been subject
to any federal efficiency standard referred to in section 16-105 of this
article that have been continued in this state pursuant to such section.
§ 14. Subdivision 4 of section 16-104 of the energy law, as added by
chapter 374 of the laws of 2022, is amended to read as follows:
4. The adoption of [efficiency] PERFORMANCE standards for any water-
related appliances, equipment or fixtures shall be subject to approval
by the commissioner of environmental conservation. Any such standard
which would conflict with the provisions of section 15-0314 of the envi-
ronmental conservation law shall not take effect until and unless waived
by the commissioner of environmental conservation.
§ 15. Subdivision 5 of section 16-104 of the energy law, as added by
chapter 374 of the laws of 2022, is amended to read as follows:
5. In adopting the flexible demand appliance PERFORMANCE standards,
the New York state energy research and development authority shall
consider the National Institute of Standards and Technology reliability
and cybersecurity protocols, relevant New York cybersecurity laws, regu-
lations, and advisories, or other cybersecurity protocols that are
equally or more protective, and shall adopt, at a minimum, the North
American Electric Reliability Corporation's Critical Infrastructure
Protection standards.
§ 16. Section 16-106 of the energy law, as amended by chapter 374 of
the laws of 2022, is amended to read as follows:
§ 16-106. Powers and duties of the president and the secretary. 1. The
president in consultation with the secretary shall have and be entitled
to exercise the following powers and duties:
(a) To adopt regulations establishing [efficiency] PERFORMANCE stand-
ards for the products listed in paragraphs (a) through (xx) of subdivi-
sion one of section 16-104 of this article, including but not limited
to, establishing [efficiency] PERFORMANCE standards for power supplies
in the active mode and no-load mode or other such products while in the
active mode and in the standby-passive-mode;
(b) To adopt regulations establishing [efficiency] PERFORMANCE stand-
ards for products not specifically listed in paragraphs (a) through (xx)
of subdivision one of section 16-104 of this article, provided that the
president determines that establishing such [efficiency] PERFORMANCE
standards would serve to promote energy reduction, water conservation,
greenhouse gas reduction, [and/or] OR increased demand flexibility asso-
ciated with the regulated product categories in this state. To the maxi-
mum extent feasible the president shall coordinate any such adoption
with similar efforts by other states. Any regulation adopted pursuant to
this paragraph may include provisions establishing procedures for test-
ing the [efficiency] PERFORMANCE of the covered products and provisions
establishing procedures for manufacturers of such product to certify
that such products meet the [efficiency] PERFORMANCE standards, if the
president determines that such manufacturer's certifications should be
required;
(c) To review [efficiency] PERFORMANCE standards as adopted from time
to time by other states for products not listed in paragraphs (a)
through (xx) of subdivision one of section 16-104 of this article, and
S. 4008 134 A. 3008
to adopt regulations establishing [efficiency] PERFORMANCE standards
similar to those adopted by any other state for such products, provided
that the president determines that establishing such [efficiency]
PERFORMANCE standards would serve to promote energy reduction, water
conservation, greenhouse gas reduction, [and/or] OR increased demand
flexibility associated with the regulated product categories in this
state. Any regulation adopted pursuant to this paragraph may include
provisions establishing procedures for testing the [efficiency] PERFORM-
ANCE of the covered products and provisions establishing procedures for
manufacturers of such product to certify that such products meet the
[efficiency] PERFORMANCE standards, if the president determines that
such manufacturer's certifications should be required;
(d) To adopt regulations to achieve the purposes of this article. Such
regulations shall ensure that compliance therewith will not result in a
net increase in co-pollutant emissions or otherwise disproportionately
burden disadvantaged communities as identified by the climate justice
working group established under section 75-0111 of the environmental
conservation law. In order to increase public participation and improve
the efficacy of any [efficiency] PERFORMANCE standards adopted pursuant
to [subdivision] PARAGRAPH (b) or (c) of this [section] SUBDIVISION, the
president shall, before publication of a notice of proposed rule making,
conduct public meetings to provide meaningful opportunities for public
comment from all segments of the population that would be impacted by
the standards or regulations, including persons living in disadvantaged
communities as identified by the climate justice working group estab-
lished under section 75-0111 of the environmental conservation law;
(e) To conduct investigations, test, and obtain data with respect to
research experiments and demonstrations, and to collect and disseminate
information regarding the purposes to be achieved pursuant to this arti-
cle;
(f) To accept grants or funds for purposes of administration and
enforcement of this article. Notwithstanding any other provision of law
to the contrary, the president is hereby authorized to accept grants or
funds, including funds directed through negotiated settlements or
consent orders pursuant to this article. All funds accepted by the pres-
ident for the purposes of this article shall be deposited in the [effi-
ciency] PERFORMANCE standards administration account established by the
New York state energy research and development authority and maintained
in a segregated account [in the custody of the commissioner of taxation
and finance], ESTABLISHED IN ACCORDANCE WITH SECTION ONE THOUSAND EIGHT
HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW. All expenditures from
the [efficiency] PERFORMANCE standards administration account pursuant
to this article shall be made by the New York state energy research and
development authority to carry out studies, investigations, research,
expenses to provide for expert witness, consultant, enforcement, admin-
istrative and legal fees, including disbursements to the department of
state to support enforcement activities authorized by the secretary
pursuant to this section, and other related expenses pursuant to this
article. All deposits made to the [efficiency] PERFORMANCE standards
administration account made by the New York state energy research and
development authority, all funds maintained in the [efficiency] PERFORM-
ANCE standards administration account, and disbursements therefrom, made
pursuant to this article shall be subject to an annual independent audit
as part of such authority's audited financial statements, and such
authority shall prepare an annual report summarizing [efficiency]
PERFORMANCE standards administration account balance and activities for
S. 4008 135 A. 3008
each fiscal year ending March thirty-first. In addition to submitting
such report as provided in section one thousand eight hundred sixty-sev-
en of the public authorities law, the authority shall provide such
report to the secretary no later than ninety days after commencement of
such fiscal year;
(g) To consult with the appropriate federal agencies, including, but
not limited to, the federal department of energy and other potentially
affected parties in carrying out the provisions of this article; and
(h) To conduct investigations, in consultation with the secretary, to
determine if products covered by standards adopted pursuant to this
article comply with such standards; to conduct tests to determine if
products covered by standards adopted pursuant to this article comply
with such standards; to prepare written reports of the results of such
investigations and tests; to provide such reports to the secretary; in
consultation with the secretary, to negotiate settlement agreements with
any person that violates the provisions of subdivision two of section
16-104 of this article, or fails to perform any duty imposed by this
article, or violates or fails to comply with any rule, regulation,
determination, or order adopted, made, or issued by the president or the
secretary pursuant to this article, pursuant to which such person shall
agree to cease such violation and to pay such civil penalty as may be
specified in such agreement, the terms of which will be incorporated
into a consent order signed by such person, the president, and the
secretary; to consult with the secretary in connection with determi-
nations made by the secretary pursuant to paragraph (b) of subdivision
five of this section; and to cooperate with the secretary in enforcement
proceedings conducted by the secretary pursuant to this article.
1-a. Notwithstanding any other provision of this article, no [effi-
ciency] PERFORMANCE standard adopted pursuant to paragraph (a) of subdi-
vision one of this section shall become effective less than one hundred
eighty days after publication of the notice of adoption of such standard
in the state register; no [efficiency] PERFORMANCE standard adopted
pursuant to paragraph (b) or (c) of subdivision one of this section
shall become effective less than one year after publication of the
notice of adoption of such [efficiency] PERFORMANCE standard in the
state register; no amendment of any [efficiency] PERFORMANCE standard
adopted pursuant to this article or of any efficiency standard continued
in this state pursuant to section 16-105 of this article shall become
effective less than one hundred eighty days after publication of the
notice of adoption of such amendment in the state register; and no new
or amended [efficiency] PERFORMANCE standard adopted pursuant to this
article shall go into effect if federal government [efficiency] PERFORM-
ANCE standards regarding such product preempt state standards unless
preemption has been waived pursuant to federal law.
2. (a) On or before January first, two thousand twenty-three, the
president, in consultation with the secretary, shall adopt regulations
in accordance with the provisions of this article establishing:
(i) PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] for new
products of the types referred to in paragraphs (a) through (f), para-
graphs (h) through (y), paragraphs (aa) through (jj) and paragraphs (mm)
through (xx) of subdivision one of section 16-104 of this article;
(ii) procedures for testing the efficiency of the new products of the
types referred to in paragraphs (a) through (f) and paragraphs (h)
through (xx) of subdivision one of section 16-104 of this article;
(iii) procedures for manufacturers to certify that new products of the
types referred to in paragraphs (a) through (f) and paragraphs (h)
S. 4008 136 A. 3008
through (xx) of subdivision one of section 16-104 of this article meet
the PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] to be
adopted pursuant to this article, if the president determines that such
manufacturer's certifications should be required; and
(iv) such further matters as are necessary to insure the proper imple-
mentation and enforcement of the provisions of this article.
(b) With respect to the types of products referred to in paragraph
(g), (z) or (kk) of subdivision one of section 16-104 of this article
(incandescent reflector lamps, general service lamps, and light emitting
diode lamps), the president shall conduct a study by December thirty-
first, two thousand twenty-three to determine whether [an] A PERFORMANCE
STANDARD FOR ENERGY efficiency [standard] for such products should be
established, taking into account factors including the potential impact
on electricity usage, product availability and consumer and environ-
mental benefits. If the president determines based on this study that
such a standard would reduce energy use and would not be preempted by
the federal law, the president shall adopt regulations in accordance
with the provisions of this article establishing efficiency standards
for such products.
3. Subsequent to adopting regulations pursuant to subdivisions one and
two of this section, the president, in consultation with the secretary,
may amend such regulations, including increasing the stringency of the
[efficiency] PERFORMANCE standards.
4. By March fifteenth of two thousand twenty-one, the secretary and
the president shall produce a report to the governor, the speaker of the
assembly, the temporary president of the senate, the chair of the assem-
bly committee on energy and the chair of the senate committee on energy
and telecommunications on the status of regulations establishing
PERFORMANCE STANDARDS FOR ENERGY efficiency [standards] pursuant to this
article, which shall indicate for each product enumerated in subdivision
one of section 16-104 of this article the status of the implementation
of [efficiency] PERFORMANCE standards. The report shall also set forth
the estimated potential annual reductions in energy use and potential
utility bill savings resulting from adopted PERFORMANCE STANDARDS FOR
ENERGY efficiency [standards] for the years two thousand twenty-five and
two thousand thirty-five and the potential cumulative reductions in
energy use through the year two thousand thirty-five. Such report shall
be updated in the same manner by March fifteenth, two thousand twenty-
six and two thousand thirty and copies of such updates shall be posted
by March fifteenth, two thousand twenty-seven and March fifteenth, two
thousand thirty on the websites of the authority and the department of
state. EACH SUCH UPDATED REPORT SHALL ALSO INCLUDE THE POTENTIAL ANNUAL
AND CUMULATIVE RESULTS ACHIEVED PURSUANT TO THE PERFORMANCE METRICS
ESTABLISHED FOR PRODUCT PERFORMANCE STANDARDS PROMULGATED PURSUANT TO
SUBDIVISION EIGHTEEN OF SECTION 16-102 OF THIS ARTICLE AND SECTION
16-104 OF THIS ARTICLE.
5. (a) In addition to all other powers and authority given to the
secretary by this article, the secretary shall have and be entitled to
exercise the following powers and duties:
(i) To request the president to conduct investigations to determine if
products covered by [efficiency] PERFORMANCE standards adopted pursuant
to this article comply with such [efficiency] PERFORMANCE standards; to
consult with the president in connection with the president's perform-
ance of such investigations; to request the president to conduct tests
to determine if products covered by [efficiency] PERFORMANCE standards
adopted pursuant to this article comply with such [efficiency] PERFORM-
S. 4008 137 A. 3008
ANCE standards; and to request the president's cooperation in connection
with enforcement proceedings conducted by the secretary pursuant to this
article;
(ii) To order the immediate cessation of any distribution, sale or
offer for sale, lease or offer to lease, rent or offer to rent, import,
or offer to import, or installation or offer of installation of any
product listed in paragraphs (a) through (xx) of subdivision one of
section 16-104 of this article, or of any product for which [efficiency]
PERFORMANCE standards shall have been established pursuant to paragraph
(b) or (c) of subdivision one of this section, or any product that is
subject to a federal efficiency standard that shall have been continued
in this state pursuant to section 16-105 of this article, if the secre-
tary, in consultation with the president, determines that such product
does not meet the applicable [efficiency] PERFORMANCE standard or if
such product does not satisfy the testing procedures or manufacturer's
certification procedures adopted pursuant to the regulations authorized
by this article;
(iii) To accept grants or funds for purposes of administration and
enforcement of this article;
(iv) To impose, after notice and an opportunity to be heard, civil
penalties and/or injunctive relief for any violation of this article or
any regulation adopted pursuant to this article. Any penalties collected
by the secretary under this section shall be placed in the account
established under section ninety-seven-www of the state finance law,
relating to the consumer protection account; and
(v) To adopt such rules and regulations as the secretary may deem
necessary or appropriate for the purpose of carrying out the powers and
duties granted to the secretary by this article.
(b) The secretary may exercise the powers and authority granted to the
secretary by this subdivision, or by any other provision of this arti-
cle, through the consumer protection division established by the secre-
tary pursuant to section ninety-four-a of the executive law or through
such other divisions, officers, or employees of the department of state
as the secretary may designate from time to time.
§ 17. Subdivision 2 of section 16-107 of the energy law, as added by
chapter 374 of the laws of 2022, is amended to read as follows:
2. Any person that sells or offers for sale, leases or offers for
lease, rents or offers for rent, or installs or offers to install, manu-
factures or tests in New York state any new product of a type listed in
paragraphs (a) through (xx) of subdivision one of section 16-104 of this
article, or any new product for which [efficiency] PERFORMANCE standards
shall have been established pursuant to paragraph (b) or (c) of subdivi-
sion one of section 16-106 of this article, or any product that is
subject to federal efficiency standards that shall have been continued
in this state pursuant to section 16-105 of this article, shall be
obliged, on the request of the secretary or his or her designee, or the
request of the president or his or her designee, to supply the secretary
and/or the president with such information and documentation as may be
required concerning such person's business, business practices, or busi-
ness methods, or proposed business practices or methods. The obligations
contained in this subdivision shall not apply to any person that sells
or offers for sale, leases or offers for lease, rents or offers for
rent, or installs or offers to install only products described in subdi-
vision three of section 16-104 of this article. The power to make infor-
mation and document requests is in addition to and not in limitation of
the power to issue subpoenas.
S. 4008 138 A. 3008
§ 18. Subdivision 1 of section 16-108 of the energy law, as amended by
chapter 374 of the laws of 2022, is amended to read as follows:
1. Any person who issues:
(a) a certification that a product listed in paragraphs (a) through
(xx) of subdivision one of section 16-104 of this article complies with
the [efficiency] PERFORMANCE standards for such product established by
or pursuant to this article;
(b) a certification that a product not listed in paragraphs (a)
through (xx) of subdivision one of section 16-104 of this article
complies with [efficiency] PERFORMANCE standards for such product estab-
lished pursuant to paragraph (b) or (c) of subdivision one of section
16-104 of this article; or
(c) a certification that a product that is subject to federal effi-
ciency standards that shall have been continued in this state pursuant
to section 16-105 of this article complies with such efficiency stand-
ards, knowing that such product does not comply with such efficiency
standards, shall be liable for a civil penalty of not more than ten
thousand dollars for each such product certified and an additional
penalty of not more than ten thousand dollars for each day during which
such violation continues.
§ 19. Section 17-101 of the energy law is amended by adding twenty new
subdivisions 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,
21, 22, 23 and 24 to read as follows:
5. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY.
6. "BENCHMARK" MEANS TO INPUT AND SUBMIT THE TOTAL ENERGY AND WATER
CONSUMED FOR A BUILDING FOR THE PREVIOUS CALENDAR YEAR AND OTHER
DESCRIPTIVE INFORMATION FOR SUCH BUILDING AS REQUIRED BY THE BENCHMARK-
ING TOOL. TOTAL ENERGY AND WATER CONSUMPTION SHALL NOT INCLUDE SEPARATE-
LY METERED USES THAT ARE NOT INTEGRAL TO BUILDING OPERATIONS, SUCH AS
BROADCAST ANTENNAS, AS DETERMINED BY THE PRESIDENT.
7. "BENCHMARKING TOOL" MEANS THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY'S ENERGY STAR PORTFOLIO MANAGER INTERNET-BASED REPORT-
ING INTERFACE OR ANY SIMILAR TOOL AS DETERMINED BY THE PRESIDENT TO BE
REASONABLY COMPARABLE, AND ANY ADDITIONAL TOOLS SPECIFIED IN REGULATIONS
ADOPTED BY THE PRESIDENT.
8. "BENCHMARKING INFORMATION" MEANS INFORMATION GENERATED BY THE
BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL BUILD-
ING AND ITS OWNERSHIP, MANAGEMENT, AND OPERATIONAL CHARACTERISTICS.
9. "PUBLIC BENCHMARKING INFORMATION" MEANS INFORMATION GENERATED BY
THE BENCHMARKING TOOL AND DESCRIPTIVE INFORMATION ABOUT THE PHYSICAL
BUILDING AND ITS OPERATIONAL CHARACTERISTICS THAT IS DISCLOSED TO THE
PUBLIC. THE PUBLIC BENCHMARKING INFORMATION SHALL INCLUDE, BUT SHALL NOT
BE LIMITED TO:
(A) DESCRIPTIVE INFORMATION, INCLUDING BUILDING ADDRESS; PRIMARY USE
TYPE; AND GROSS FLOOR AREA AS DEFINED BY THE BENCHMARKING TOOL GLOSSARY;
(B) OUTPUT INFORMATION, INCLUDING SITE AND SOURCE ENERGY USE INTENSI-
TY; WEATHER NORMALIZED SITE AND SOURCE ENERGY USE INTENSITY; TOTAL ANNU-
AL GREENHOUSE GAS EMISSIONS; WATER USE PER GROSS SQUARE FOOT; AND THE
ENERGY STAR SCORE, WHERE AVAILABLE;
(C) COMPLIANCE OR NONCOMPLIANCE WITH THIS LAW; AND
(D) A COMPARISON OF THE ANNUAL SUMMARY STATISTICS ACROSS CALENDAR
YEARS FOR ALL YEARS SINCE ANNUAL REPORTING AND DISCLOSURE HAS BEEN
REQUIRED FOR THE COVERED BUILDING.
10. "BENCHMARKING SUBMISSION" MEANS A SUBSET OF:
(A) INFORMATION INPUT INTO THE BENCHMARKING TOOL; AND
S. 4008 139 A. 3008
(B) BENCHMARKING INFORMATION GENERATED BY THE BENCHMARKING TOOL, AS
DETERMINED BY THE PRESIDENT.
11. "COVERED BUILDING" MEANS (A) A STATE BUILDING, OR (B) AS IT
APPEARS IN THE RECORDS OF THE DEPARTMENT OF TAXATION AND FINANCE, WHICH
INFORMATION SHALL BE SHARED BY THE DEPARTMENT OF TAXATION AND FINANCE
WITH THE AUTHORITY FOR PURPOSES OF IMPLEMENTATION OF THIS ARTICLE: (I)
A BUILDING THAT EXCEEDS TWENTY-FIVE THOUSAND GROSS SQUARE FEET (FOUR
THOUSAND SIX HUNDRED FORTY-FIVE SQUARE METERS), (II) TWO OR MORE BUILD-
INGS ON THE SAME TAX LOT THAT TOGETHER EXCEED FIFTY-THOUSAND GROSS
SQUARE FEET (NINE THOUSAND TWO HUNDRED NINETY SQUARE METERS), OR (III)
TWO OR MORE BUILDINGS HELD IN THE CONDOMINIUM FORM OF OWNERSHIP THAT ARE
GOVERNED BY THE SAME BOARD OF MANAGERS AND THAT TOGETHER EXCEED FIFTY-
THOUSAND GROSS SQUARE FEET (NINE THOUSAND TWO HUNDRED NINETY SQUARE
METERS). "COVERED BUILDING" SHALL NOT INCLUDE REAL PROPERTY, NOT MORE
THAN THREE STORIES, CONSISTING OF A SERIES OF ATTACHED, DETACHED OR
SEMI-DETACHED DWELLINGS, FOR WHICH OWNERSHIP AND THE RESPONSIBILITY FOR
MAINTENANCE OF THE HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
SYSTEMS AND HOT WATER HEATING SYSTEMS IS HELD BY EACH INDIVIDUAL DWELL-
ING UNIT OWNER, AND WITH NO HVAC SYSTEM OR HOT WATER HEATING SYSTEM IN
THE SERIES SERVING MORE THAN TWO DWELLING UNITS.
12. "ENERGY" MEANS ELECTRICITY, NATURAL GAS, STEAM, HOT OR CHILLED
WATER, FUEL OIL, KEROSENE, PROPANE, OR OTHER FUEL PRODUCT FOR USE IN A
BUILDING, OR ON-SITE ELECTRICITY GENERATION, INCLUDING RENEWABLE AND
STORAGE TECHNOLOGIES FOR PURPOSES OF PROVIDING HEATING, COOLING, LIGHT-
ING, WATER HEATING, OR FOR POWERING OR FUELING OTHER END-USES IN THE
BUILDING AND RELATED FACILITIES.
13. "ENERGY GRADE" MEANS A SCALE REPRESENTING THE RATIO OF THE ENERGY
PERFORMANCE OF AN EXISTING BUILDING BASED ON THE BENCHMARK INPUTS OF A
BUILDING AND CALCULATED WITHIN THE BENCHMARKING TOOL, COMPARING THE
BUILDING TO A NATIONALLY REPRESENTATIVE DATASET OF SIMILAR BUILDINGS,
ACCOUNTING FOR REGIONAL CHARACTERISTICS IN WEATHER AND OPERATING CONDI-
TIONS SPECIFIC TO THE BUILDING.
14. "ENERGY USE INTENSITY" MEANS THE KBTUS (1,000 BRITISH THERMAL
UNITS) USED PER SQUARE FOOT OF GROSS FLOOR AREA.
15. "GREENHOUSE GAS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
16. "GROSS FLOOR AREA" MEANS THE TOTAL NUMBER OF ENCLOSED SQUARE FEET
MEASURED BETWEEN THE EXTERIOR SURFACES OF THE FIXED WALLS WITHIN ANY
STRUCTURE USED OR INTENDED FOR SUPPORTING OR SHELTERING ANY USE OR OCCU-
PANCY.
17. "OWNER" MEANS:
(A) AN INDIVIDUAL OR ENTITY POSSESSING TITLE TO A COVERED BUILDING
PROPERTY, OR THE LESSEE, WHERE SUCH LESSEE IS THE SOLE TENANT OF THE
COVERED PROPERTY AND IS SUBJECT TO A TRIPLE NET LEASE;
(B) THE BOARD OF MANAGERS IN THE CASE OF A CONDOMINIUM;
(C) THE BOARD OF DIRECTORS IN THE CASE OF A COOPERATIVE APARTMENT
CORPORATION;
(D) THE ENTITY IN PHYSICAL POSSESSION OF THE BUILDING OR HAVING BENE-
FICIAL USE AND OCCUPANCY OF THE BUILDING IN THE CASE OF A COVERED BUILD-
ING WITH TITLE POSSESSED BY A STATE ENTITY SOLELY FOR PURPOSES OF SECUR-
ING BONDS, NOTES OR OTHER OBLIGATIONS ISSUED BY SUCH STATE ENTITY, IN
WHICH CASE, THE STATE ENTITY WILL NOT ALSO BE DEEMED THE OWNER HERE-
UNDER. FOR THE PURPOSE OF THIS PARAGRAPH, A "STATE ENTITY" SHALL MEAN
ANY STATE AGENCY, STATE AUTHORITY OR SUBSIDIARY OF A STATE AUTHORITY; OR
(E) AN AGENT AUTHORIZED TO ACT ON BEHALF OF ANY OF THE ABOVE.
S. 4008 140 A. 3008
18. "PORTFOLIO MANAGER" MEANS THE ENERGY STAR PORTFOLIO MANAGER, THE
INTERNET-BASED TOOL DEVELOPED AND MAINTAINED BY THE UNITED STATES ENVI-
RONMENTAL PROTECTION AGENCY TO TRACK AND ASSESS THE RELATIVE ENERGY
PERFORMANCE OF BUILDINGS NATIONWIDE, OR ITS SUCCESSOR.
19. "PRESIDENT" MEANS THE PRESIDENT OF THE AUTHORITY.
20. "QUALIFIED BENCHMARKER" MEANS AN INDIVIDUAL OR ENTITY THAT
POSSESSES A BENCHMARKING CERTIFICATION OR OTHER CREDENTIAL OR CREDEN-
TIALS APPROVED BY THE PRESIDENT OR THE PRESIDENT'S DESIGNEE.
21. "QUALIFYING FINANCIAL DISTRESS" MEANS:
(A) THE COVERED BUILDING IS THE SUBJECT OF A QUALIFIED TAX LIEN SALE
OR PUBLIC AUCTION DUE TO PROPERTY TAX ARREARS;
(B) THE COVERED BUILDING IS CONTROLLED BY A COURT APPOINTED RECEIVER;
(C) A FORECLOSURE ACTION HAS COMMENCED ON THE COVERED BUILDING DURING
THE CALENDAR YEAR FOR WHICH BENCHMARKING IS REQUIRED;
(D) TITLE TO THE COVERED BUILDING WAS TRANSFERRED BY DEED IN LIEU OF
FORECLOSURE OR BY A REFEREE'S DEED IN FORECLOSURE DURING THE CALENDAR
YEAR FOR WHICH BENCHMARKING IS REQUIRED;
(E) THE OWNER OF A COVERED BUILDING HAS COMMENCED A BANKRUPTCY FILING;
OR
(F) OTHER SITUATIONS AS AUTHORIZED BY THE PRESIDENT OR THE PRESIDENT'S
DESIGNEE.
22. "TENANT" MEANS A PERSON OR ENTITY OCCUPYING OR HOLDING POSSESSION
OF A BUILDING, PART OF A BUILDING OR PREMISES PURSUANT TO A RENTAL
AGREEMENT.
23. "UTILITY" MEANS AN ENTITY THAT DISTRIBUTES AND/OR SELLS ENERGY TO
A COVERED BUILDING.
24. "STATE BUILDING" MEANS A BUILDING THAT IS MORE THAN TEN THOUSAND
GROSS SQUARE FEET (NINE HUNDRED TWENTY-NINE SQUARE METERS), AS IT
APPEARS IN THE RECORDS OF THE DEPARTMENT OF TAXATION AND FINANCE, WHICH
INFORMATION SHALL BE SHARED BY THE DEPARTMENT OF TAXATION AND FINANCE
WITH THE AUTHORITY FOR PURPOSES OF IMPLEMENTATION OF THIS ARTICLE, THAT
IS OWNED BY THE STATE OR FOR WHICH THE STATE REGULARLY PAYS ALL OF THE
ANNUAL ENERGY BILLS, PROVIDED THAT TWO OR MORE BUILDINGS ON THE SAME TAX
LOT SHALL BE DEEMED TO BE ONE BUILDING.
§ 20. The energy law is amended by adding a new section 17-107 to read
as follows:
§ 17-107. BENCHMARKING APPLICABILITY AND SUBMISSION. 1. NO LATER THAN
THE FIRST DAY OF MAY, TWO THOUSAND TWENTY-FIVE, AND NO LATER THAN THE
FIRST DAY OF MAY OF EVERY YEAR THEREAFTER, EACH OWNER SHALL ENSURE THAT
SUCH OWNER'S COVERED BUILDINGS SHALL BE BENCHMARKED FOR THE PREVIOUS
CALENDAR YEAR AND THE BENCHMARKING SUBMISSION SHALL BE PROVIDED TO THE
AUTHORITY AS DIRECTED BY THE PRESIDENT.
2. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE
BENCHMARKING REQUIREMENT A MUNICIPALITY WITH A BENCHMARKING REQUIREMENT
IN EFFECT THAT MEETS OR EXCEEDS THE BENCHMARKING RULES ESTABLISHED BY
THE AUTHORITY.
3. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY TEMPORARILY EXEMPT
FROM THE BENCHMARKING REQUIREMENT THE OWNER OF A COVERED BUILDING THAT
SUBMITS DOCUMENTATION ESTABLISHING, TO THE SATISFACTION OF THE PRESIDENT
OR THE PRESIDENT'S DESIGNEE, ANY OF THE FOLLOWING:
(A) THE COVERED BUILDING HAS CHARACTERISTICS THAT MAKE BENCHMARKING
IMPRACTICABLE, INCLUDING BUILDINGS THAT DO NOT FIT ANY OF THE BUILDING
TYPES, DEFINITIONS OR USE DETAILS LISTED IN THE PORTFOLIO MANAGER;
(B) THE COVERED BUILDING HAD AVERAGE PHYSICAL OCCUPANCY OF LESS THAN
FIFTY PERCENT THROUGHOUT THE CALENDAR YEAR FOR WHICH BENCHMARKING IS
REQUIRED;
S. 4008 141 A. 3008
(C) THE COVERED BUILDING IS A NEW CONSTRUCTION AND THE COVERED
BUILDING'S CERTIFICATE OF OCCUPANCY OR TEMPORARY CERTIFICATE OF OCCUPAN-
CY WAS ISSUED DURING THE CALENDAR YEAR FOR WHICH BENCHMARKING IS
REQUIRED;
(D) THE COVERED BUILDING EXPERIENCED QUALIFYING FINANCIAL DISTRESS
DURING THE YEAR FOR WHICH BENCHMARKING IS REQUIRED; OR
(E) THE COVERED BUILDING HAS BEEN ISSUED A FULL DEMOLITION PERMIT FOR
THE PRIOR CALENDAR YEAR, PROVIDED THAT DEMOLITION WORK HAS COMMENCED,
SOME ENERGY-RELATED SYSTEMS HAVE BEEN COMPROMISED AND LEGAL OCCUPANCY IS
NO LONGER POSSIBLE PRIOR TO THE FIRST DAY OF MAY OF THE YEAR IN WHICH
THE BENCHMARKING REPORT IS DUE.
4. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE
BENCHMARKING REQUIREMENT THE OWNERS OF ALL COVERED BUILDINGS LOCATED
WITHIN AN EXEMPT MUNICIPALITY THAT COMPLY WITH THE MUNICIPALITY'S BENCH-
MARKING REQUIREMENT.
5. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY EXEMPT FROM THE
BENCHMARKING REQUIREMENT RELATED TO WATER THE OWNER OF A COVERED BUILD-
ING IN JURISDICTIONS WHERE WHOLE BUILDING WATER USE DATA IS NOT AVAIL-
ABLE IN INCREMENTS REQUIRED BY THE BENCHMARKING TOOL OR AS DEFINED BY
THE PRESIDENT OR THE PRESIDENT'S DESIGNEE.
6. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY GRANT AN EXTENSION OF
TIME IF THE OWNER OF THE COVERED BUILDING DEMONSTRATES, TO THE SATISFAC-
TION OF THE PRESIDENT OR THE PRESIDENT'S DESIGNEE, THAT DESPITE GOOD
FAITH EFFORTS, THE OWNER COULD NOT SATISFY THE REQUIREMENTS OF THIS
ARTICLE BY THE IMPOSED DEADLINES.
7. THE PRESIDENT OR THE PRESIDENT'S DESIGNEE MAY REQUIRE THAT DATA BE
VALIDATED BY A QUALIFIED BENCHMARKER OR THAT BENCHMARKING BE PERFORMED
BY A QUALIFIED BENCHMARKER.
§ 21. The energy law is amended by adding a new section 17-108 to read
as follows:
§ 17-108. BENCHMARKING NOTIFICATION AND POSTING. 1. BETWEEN SEPTEMBER
FIRST AND DECEMBER THIRTY-FIRST OF EACH YEAR, THE AUTHORITY SHALL NOTIFY
OWNERS OF THEIR OBLIGATION TO BENCHMARK PURSUANT TO SECTION 17-107 OF
THIS ARTICLE.
2. BY DECEMBER FIRST OF EACH YEAR, THE AUTHORITY SHALL POST THE LIST
OF THE ADDRESSES OF COVERED BUILDINGS ON THE AUTHORITY'S WEBSITE.
§ 22. The energy law is amended by adding a new section 17-109 to read
as follows:
§ 17-109. DISCLOSURE, ANALYSIS, AND PUBLICATION OF BENCHMARKING INFOR-
MATION. 1. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND
TWENTY-FIVE AND BY THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR THEREAFT-
ER, THE AUTHORITY SHALL PUBLISH PUBLIC BENCHMARKING INFORMATION REGARD-
ING ALL COVERED BUILDINGS FOR THE PREVIOUS CALENDAR YEAR, EXCEPT THAT
PUBLIC BENCHMARKING INFORMATION REGARDING A COVERED BUILDING FOR SUCH
BUILDING'S FIRST YEAR OF REQUIRED COMPLIANCE SHALL NOT BE PUBLISHED BY
THE AUTHORITY, REGARDLESS OF WHETHER OR NOT THE AUTHORITY RECEIVED
BENCHMARKING INFORMATION FOR THAT BUILDING.
2. IN ADDITION TO THE PUBLISHING OF PUBLIC BENCHMARKING INFORMATION
REQUIRED BY SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL ANNUAL-
LY PUBLISH:
(A) SUMMARY STATISTICS AND TREND ANALYSES REGARDING ENERGY CONSUMPTION
FOR COVERED BUILDINGS DERIVED FROM AGGREGATION OF BENCHMARKING INFORMA-
TION; AND
(B) INFORMATION REGARDING HOW EACH COVERED BUILDING COMPARES WITH
COMPARABLE COVERED BUILDINGS IN NEW YORK STATE, AND HOW EACH COVERED
BUILDING'S PERFORMANCE HAS CHANGED OVER TIME.
S. 4008 142 A. 3008
3. NO LATER THAN THE THIRTY-FIRST DAY OF DECEMBER, TWO THOUSAND TWEN-
TY-FIVE, AND NO LATER THAN THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR
THEREAFTER, EACH EXEMPTED MUNICIPALITY SHALL MAKE AVAILABLE TO THE
AUTHORITY, IN A FORM AS REQUIRED BY THE AUTHORITY, ANY BENCHMARKING
INFORMATION POSSESSED BY SUCH MUNICIPALITY.
4. ANY ANALYSIS OR POSSESSION OF INFORMATION CONCERNING COVERED BUILD-
INGS BY THE AUTHORITY IS SUBJECT TO RULES REGARDING PERSONAL, PRIVATE OR
SENSITIVE INFORMATION AS DEFINED BY THE NEW YORK STATE OFFICE OF INFOR-
MATION TECHNOLOGY SERVICES AND ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
5. THE AUTHORITY MAY PROVIDE AN OWNER OR MANAGER OF A COVERED BUILDING
WITH BENCHMARKING INFORMATION RELATED TO SUCH COVERED BUILDING THAT IS
NOT PUBLIC BENCHMARKING INFORMATION.
6. NOTHING IN THIS SECTION SHOULD BE CONSTRUED TO SUPERSEDE SECTIONS
EIGHTY-FOUR THROUGH SECTION NINETY OF THE PUBLIC OFFICERS LAW, EXCEPT
WITH RESPECT TO THE AUTHORITY'S PUBLISHING OF PUBLIC BENCHMARKING INFOR-
MATION AS REQUIRED IN THIS SECTION.
§ 23. The energy law is amended by adding a new section 17-110 to read
as follows:
§ 17-110. MAINTENANCE OF BENCHMARKING RECORDS. 1. OWNERS SHALL MAIN-
TAIN RECORDS SUFFICIENT TO PROVIDE FOR THE REPORTING OF PUBLIC BENCH-
MARKING INFORMATION TO THE AUTHORITY. SUCH RECORDS SHALL BE PRESERVED
FOR A PERIOD OF AT LEAST THREE YEARS. AT THE REQUEST OF THE PRESIDENT
SUCH RECORDS SHALL BE MADE AVAILABLE FOR INSPECTION AND AUDIT.
2. AT THE TIME LEGAL TITLE OF ANY COVERED BUILDING IS TRANSFERRED, THE
BUYER AND SELLER SHALL ARRANGE FOR THE SELLER TO PROVIDE TO THE BUYER,
AT OR BEFORE CLOSING, ALL INFORMATION NECESSARY FOR THE BUYER TO REPORT
BENCHMARKING INFORMATION FOR THE ENTIRE YEAR IN A TIMELY MANNER.
§ 24. The energy law is amended by adding a new section 17-111 to read
as follows:
§ 17-111. POWERS AND DUTIES OF THE PRESIDENT. THE PRESIDENT SHALL HAVE
THE AUTHORITY TO PROMULGATE REGULATIONS ESTABLISHING RULES FOR THE
ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS OF THIS ARTICLE, SUCH
AS COMPLIANCE, ENFORCEMENT, AND EXEMPTIONS FOR BENCHMARK REPORTING AND
DATA VERIFICATION REQUIREMENTS AND FOR THE FOLLOWING:
1. TO ESTABLISH THROUGH REGULATION THE OBLIGATION TO POST AND PUBLICLY
DISPLAY ENERGY GRADES;
2. TO ESTABLISH THROUGH REGULATION EXEMPTION CRITERIA FOR QUALIFYING
BUILDINGS TO DELAY COMPLIANCE WITH THE BENCHMARKING OR ENERGY GRADES
REQUIREMENTS FOR UP TO THREE YEARS IF THE OWNER DEMONSTRATES, TO THE
SATISFACTION OF THE PRESIDENT OR THEIR DESIGNATED REPRESENTATIVE, FINAN-
CIAL DISTRESS, CHANGE OF OWNERSHIP, VACANCY, MAJOR RENOVATION, PENDING
DEMOLITION, OR OTHER ACCEPTABLE CIRCUMSTANCES DETERMINED BY THE PRESI-
DENT;
3. TO NEGOTIATE SETTLEMENTS AND TO IMPOSE CIVIL INFRACTION PENALTIES,
FINES, AND FEES AS SANCTIONS FOR A VIOLATION OF THIS SECTION OR A REGU-
LATION ISSUED PURSUANT TO THIS ARTICLE. FAILURE TO BENCHMARK ENERGY AND
WATER USE FOR THE PRIOR CALENDAR YEAR BY DEADLINES SET BY THE PRESIDENT
MAY RESULT IN A PENALTY OF FIVE HUNDRED DOLLARS. CONTINUED FAILURE TO
BENCHMARK MAY RESULT IN ADDITIONAL VIOLATIONS ON A QUARTERLY BASIS AND
AN ADDITIONAL PENALTY OF FIVE HUNDRED DOLLARS PER VIOLATION. FAILURE TO
ANNUALLY POST THE ENERGY GRADE FOR THE BUILDING BY DEADLINES SET BY THE
PRESIDENT MAY RESULT IN A PENALTY OF ONE THOUSAND TWO HUNDRED FIFTY
DOLLARS. PENALTIES COLLECTED SHALL BE DEPOSITED INTO A BENCHMARKING
ADMINISTRATION ACCOUNT; AND
4. TO ACCEPT GRANTS OR FUNDS FOR PURPOSES OF ADMINISTRATION AND
ENFORCEMENT OF THIS ARTICLE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
S. 4008 143 A. 3008
TO THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ACCEPT GRANTS OR
FUNDS, INCLUDING FUNDS DIRECTED THROUGH FINES, COMPLIANCE PENALTIES, OR
NEGOTIATED SETTLEMENTS PURSUANT TO THIS ARTICLE, AND IS AUTHORIZED TO
ESTABLISH THE BENCHMARKING ADMINISTRATION ACCOUNT TO BE ADMINISTERED BY
THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAIN-
TAINED IN A SEGREGATED ACCOUNT, ESTABLISHED IN ACCORDANCE WITH SECTION
EIGHTEEN HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW. ALL FUNDS
ACCEPTED BY THE PRESIDENT FOR THE PURPOSES OF THIS ARTICLE SHALL BE
DEPOSITED IN THE BENCHMARKING ADMINISTRATION ACCOUNT ESTABLISHED BY THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAINTAINED
IN A SEGREGATED ACCOUNT, ESTABLISHED IN ACCORDANCE WITH SECTION EIGHTEEN
HUNDRED FIFTY-NINE OF THE PUBLIC AUTHORITIES LAW. ALL EXPENDITURES FROM
THE BENCHMARKING ADMINISTRATION ACCOUNT PURSUANT TO THIS ARTICLE SHALL
BE MADE BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
TO CARRY OUT STUDIES, INVESTIGATIONS, RESEARCH, EXPENSES TO PROVIDE FOR
EXPERT WITNESS, CONSULTANT, ENFORCEMENT, ADMINISTRATIVE AND LEGAL FEES,
INCLUDING DISBURSEMENTS TO THE DEPARTMENT OF TAXATION AND FINANCE TO
SUPPORT COMPLIANCE ACTIVITIES AUTHORIZED BY THE PRESIDENT PURSUANT TO
THIS SECTION, AND OTHER RELATED EXPENSES PURSUANT TO THIS ARTICLE. ALL
DEPOSITS MADE TO THE BENCHMARKING ADMINISTRATION ACCOUNT MADE BY THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, ALL FUNDS MAIN-
TAINED IN THE BENCHMARKING ADMINISTRATION ACCOUNT, AND DISBURSEMENTS
THEREFROM, MADE PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO AN ANNUAL
INDEPENDENT AUDIT AS PART OF SUCH AUTHORITY'S AUDITED FINANCIAL STATE-
MENTS, AND SUCH AUTHORITY SHALL PREPARE AN ANNUAL REPORT SUMMARIZING
BENCHMARKING ADMINISTRATION ACCOUNT BALANCE AND ACTIVITIES FOR EACH
FISCAL YEAR ENDING MARCH THIRTY-FIRST AND PROVIDE SUCH REPORT TO THE
SECRETARY NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF SUCH FISCAL
YEAR.
§ 25. The energy law is amended by adding a new section 17-112 to read
as follows:
§ 17-112. ENFORCEMENT AND ADMINISTRATION. 1. IT SHALL BE UNLAWFUL FOR
ANY ENTITY OR PERSON TO FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS
ARTICLE OR ANY RULE OR REGULATION PROMULGATED BY THE AUTHORITY OF THIS
ARTICLE OR TO MISREPRESENT ANY MATERIAL FACT IN A DOCUMENT REQUIRED TO
BE PREPARED OR DISCLOSED PURSUANT TO THIS ARTICLE OR ANY RULE OR REGU-
LATION PROMULGATED BY THE AUTHORITY OF THIS ARTICLE.
2. EXCEPT FOR MINOR ALTERATIONS OR ALTERATIONS REASONABLY NECESSARY TO
PROTECT BUILDING OCCUPANT SAFETY AND REDUCE FIRE RISKS OR AS APPROVED BY
THE PRESIDENT OR THE PRESIDENT'S DESIGNEE, NO COUNTY, CITY, TOWN OR
VILLAGE SHALL ISSUE A PERMIT FOR THE CONSTRUCTION OF OR WORK RELATED TO
ANY COMMERCIAL, RESIDENTIAL, OR MIXED-USE BUILDING IF THE BUILDING IS
NOT ALREADY IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE OR ANY
RULE OR REGULATION PROMULGATED BY THE AUTHORITY PURSUANT TO THIS ARTI-
CLE.
3. ANY PERSON OR ENTITY WHO VIOLATES THE PROVISIONS OF THIS ARTICLE,
NOT INCLUDING SECTIONS 17-103 AND 17-105 OF THIS ARTICLE, SHALL BE
SUBJECT TO A CIVIL PENALTY.
4. THE ATTORNEY GENERAL FOR THE STATE OF NEW YORK MAY COMMENCE A CIVIL
ACTION IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES, CIVIL PENAL-
TIES, COST RECOVERY, REASONABLE ATTORNEY AND EXPERT WITNESS FEES, AND
INJUNCTIVE OR OTHER APPROPRIATE RELIEF TO ENFORCE COMPLIANCE WITH THIS
SECTION OR A REGULATION ISSUED PURSUANT TO THIS SECTION.
§ 26. This act shall take effect immediately; provided, however, that
the amendments to subdivision 4 of section 16-106 of the energy law made
by section sixteen of this act shall not affect the repeal of such
S. 4008 144 A. 3008
subdivision and shall be deemed to repeal therewith; and, provided,
however, that section twenty-one of this act shall take effect January
1, 2024.
PART XX
Section 1. Section 1005 of the public authorities law is amended by
adding a new subdivision 27-a to read as follows:
27-A. (A) AS DEEMED FEASIBLE AND ADVISABLE BY THE TRUSTEES, THE
AUTHORITY IS AUTHORIZED TO PLAN, DESIGN, DEVELOP, FINANCE, CONSTRUCT,
OWN, OPERATE, MAINTAIN AND IMPROVE, EITHER ALONE OR JOINTLY WITH OTHER
ENTITIES, INCLUDING BUT NOT LIMITED TO LOCAL DEVELOPMENT CORPORATIONS
FORMED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT
CORPORATION LAW, RENEWABLE ENERGY GENERATING PROJECTS IN THE STATE,
INCLUDING ITS TERRITORIAL WATERS, AND/OR ON PROPERTY OR IN WATERS UNDER
THE JURISDICTION OR REGULATORY AUTHORITY OF THE UNITED STATES, OR ANY
COMPONENT THEREOF, AND TO ACQUIRE, LEASE OR OTHERWISE DISPOSE OF PROPER-
TY INTERESTS RELATED TO THE DEVELOPMENT OR DISPOSITION OF RENEWABLE
ENERGY GENERATING PROJECTS, AS THE AUTHORITY DETERMINES IS NECESSARY AND
DESIRABLE TO: (I) SUPPORT THE STATE'S GREENHOUSE GAS EMISSION REDUCTION
GOALS PROVIDED FOR IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION
ACT; (II) PROVIDE OR MAINTAIN AN ADEQUATE AND RELIABLE SUPPLY OF ELEC-
TRIC POWER AND ENERGY IN THE STATE; (III) ASSIST LOCAL GOVERNMENTS IN
ACHIEVING LOCAL ENERGY AND ENVIRONMENTAL GOALS; AND (IV) ADVANCE OTHER
IMPORTANT STATE ENERGY AND SOCIAL POLICIES. THE ACQUISITION, LEASE OR
OTHER DISPOSAL OF PROPERTY INTERESTS RELATED TO THE DEVELOPMENT OR
DISPOSITION OF RENEWABLE ENERGY GENERATING PROJECTS AUTHORIZED BY THIS
PARAGRAPH MAY BE DONE THROUGH A COMPETITIVE SELECTION PROCESS, A NON-
COMPETITIVE SELECTION PROCESS, OR BY NEGOTIATION, AND THE DISPOSAL OF
SUCH INTERESTS SHALL BE EXEMPT FROM THE REQUIREMENTS OF TITLE FIVE-A OF
ARTICLE NINE OF THIS CHAPTER. RENEWABLE ENERGY GENERATING PROJECTS
DEVELOPED BY OR FOR THE AUTHORITY THAT MEET ELIGIBILITY CRITERIA UNDER
STATE PROGRAMS ADMINISTERED BY THE PUBLIC SERVICE COMMISSION AND THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL BE ENTITLED
TO RECEIVE RENEWABLE ENERGY CERTIFICATES IN ACCORDANCE WITH SUCH
PROGRAMS.
(B) THE AUTHORITY SHALL PERIODICALLY CONFER WITH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE OFFICE OF RENEWABLE ENER-
GY SITING, AND THE DEPARTMENT OF PUBLIC SERVICE, CONCERNING THE STATE'S
PROGRESS ON MEETING THE RENEWABLE ENERGY TARGETS ESTABLISHED BY THE
CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT TO HELP INFORM ITS EXER-
CISE OF THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION.
IN EXERCISING THE AUTHORITY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDI-
VISION, THE AUTHORITY IS ENCOURAGED TO CONSIDER THE USE OF PUBLIC-PRI-
VATE PARTNERSHIPS TO THE EXTENT THE AUTHORITY DETERMINES THAT SUCH
COLLABORATIONS WILL PROVIDE BENEFITS TO THE STATE OR MITIGATE FINANCIAL
RISKS TO THE AUTHORITY.
(C) NOTWITHSTANDING SECTION TWENTY-EIGHT HUNDRED TWENTY-SEVEN-A OF
THIS CHAPTER, THE AUTHORITY SHALL HAVE THE RIGHT, EITHER ALONE OR WITH
ONE OR MORE OTHER ENTITIES, TO FORM SUBSIDIARY CORPORATIONS, AND FORM OR
ACQUIRE INTERESTS IN "SPECIAL PURPOSE ENTITIES" INCLUDING, BUT NOT
LIMITED TO, BUSINESS CORPORATIONS, NOT-FOR-PROFIT CORPORATIONS, LIMITED
LIABILITY COMPANIES, OR OTHER SPECIAL PURPOSE ENTITIES OR VENTURES, AND
TRANSFER INTERESTS IN SUBSIDIARIES AND SPECIAL PURPOSE ENTITIES, FOR THE
PURPOSE OF UNDERTAKING THE ACTIONS AUTHORIZED BY PARAGRAPH (A) OF THIS
SUBDIVISION AND FACILITATING THE DEVELOPMENT OF TRANSMISSION FACILITIES
S. 4008 145 A. 3008
AS AUTHORIZED BY THIS TITLE. THE AUTHORITY MAY BY RESOLUTION DIRECT ANY
OF ITS TRUSTEES, OFFICERS, OR EMPLOYEES TO ORGANIZE SUBSIDIARY CORPO-
RATIONS AND SPECIAL PURPOSE ENTITIES PURSUANT TO THE BUSINESS CORPO-
RATION LAW, NOT-FOR-PROFIT CORPORATION LAW, OR LIMITED LIABILITY COMPANY
LAW. ANY SUCH RESOLUTION SHALL PRESCRIBE THE PURPOSES FOR WHICH ANY SUCH
ENTITY IS TO BE FORMED.
(D) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AUTHORITY MAY
TRANSFER TO AND RECEIVE FROM ANY SUBSIDIARY OR SPECIAL PURPOSE ENTITY
ANY CONSIDERATION, MONEYS, REAL OR PERSONAL OR MIXED PROPERTY, CONTRAC-
TUAL AND OTHER RIGHTS, OR ANY PROJECT, DEEMED APPROPRIATE TO CARRY OUT
THE PURPOSES OF THIS SUBDIVISION. EACH SUBSIDIARY OR SPECIAL PURPOSE
ENTITY FORMED BY THE AUTHORITY SHALL HAVE ALL THE PRIVILEGES, IMMUNITIES
AND EXEMPTIONS OF THE AUTHORITY TO THE EXTENT THE SAME ARE NOT INCON-
SISTENT WITH THE STATUTE OR STATUTES PURSUANT TO WHICH SUCH SUBSIDIARY
OR SPECIAL PURPOSE ENTITY WAS FORMED.
(E) THE SOURCE OF ANY FINANCING AND/OR LOANS FOR ANY OF THE ACTIONS
AUTHORIZED IN THIS SUBDIVISION MAY INCLUDE: (I) THE PROCEEDS OF NOTES
ISSUED PURSUANT TO SECTION ONE THOUSAND NINE-A OF THIS TITLE; (II) THE
PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION ONE THOUSAND TEN OF THIS
TITLE; (III) OTHER FUNDS MADE AVAILABLE BY THE AUTHORITY FOR SUCH
PURPOSES; OR (IV) ANY OTHER FUNDS MADE AVAILABLE TO THE AUTHORITY FROM
NON-AUTHORITY SOURCES.
(F) THE AUTHORITY IS AUTHORIZED TO SELL RENEWABLE POWER, ENERGY,
ANCILLARY SERVICES AND/OR RENEWABLE ENERGY CREDITS OR ATTRIBUTES ASSOCI-
ATED WITH ANY RENEWABLE ENERGY GENERATING PROJECT AUTHORIZED BY THIS
SUBDIVISION AND DEVELOPED AFTER ITS EFFECTIVE DATE AS FOLLOWS:
(I) TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,
INCLUDING FOR THE PURPOSE OF SUPPORTING THE GREENHOUSE GAS EMISSION
REDUCTION GOALS IN THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT
AS WELL AS OTHER STATE ENERGY POLICIES, THROUGH PARTICIPATION IN
PROGRAMS ADMINISTERED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY OR FOR SUCH OTHER PURPOSES AS THE AUTHORITY AND THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY MAY AGREE;
(II) INTO MARKETS OPERATED BY THE FEDERALLY DESIGNATED ELECTRIC BULK
SYSTEM OPERATOR FOR NEW YORK STATE;
(III) TO ANY LOAD SERVING ENTITY IN THE STATE, INCLUDING THE LONG
ISLAND POWER AUTHORITY (DIRECTLY, OR THROUGH ITS SERVICE PROVIDER, AS
APPROPRIATE), INCLUDING BUT NOT LIMITED TO THE PURPOSE OF PROVIDING BILL
CREDITS TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES
FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS AS PROVIDED
FOR IN SUBDIVISION TWENTY-SEVEN-B OF THIS SECTION;
(IV) TO MANUFACTURERS OF GREEN HYDROGEN AND OTHER NEW TECHNOLOGIES
THAT ARE INTENDED IN WHOLE OR PART TO DISPLACE FOSSIL FUEL USE IN THE
STATE FOR USE AT FACILITIES LOCATED IN THE STATE;
(V) TO ANY PUBLIC ENTITY OR AUTHORITY CUSTOMER;
(VI) TO COMMUNITY DISTRIBUTED GENERATION PROVIDERS, ENERGY AGGREGATORS
AND SIMILAR ENTITIES FOR THE BENEFIT OF SUBSCRIBERS TO COMMUNITY
DISTRIBUTED GENERATION PROJECTS, INCLUDING END-USE ELECTRICITY CONSUMERS
LOCATED IN DISADVANTAGED COMMUNITIES; AND
(VII) TO ANY CCA COMMUNITY.
(G) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE MEANINGS INDICATED IN THIS PARAGRAPH UNLESS THE CONTEXT INDICATES
ANOTHER MEANING OR INTENT:
(I) "AUTHORITY CUSTOMER" MEANS AN ENTITY LOCATED IN THE STATE TO WHICH
THE AUTHORITY SELLS OR IS UNDER CONTRACT TO SELL POWER OR ENERGY UNDER
THE AUTHORITY IN THIS TITLE OR ANY OTHER LAW.
S. 4008 146 A. 3008
(II) "CCA COMMUNITY" MEANS ONE OR MORE MUNICIPAL CORPORATIONS LOCATED
WITHIN THE STATE THAT HAVE PROVIDED FOR THE PURCHASE OF POWER, ENERGY,
OR RENEWABLE ENERGY CREDITS OR OTHER ATTRIBUTES UNDER A CCA PROGRAM.
(III) "CCA PROGRAM" MEANS A COMMUNITY CHOICE AGGREGATION PROGRAM
APPROVED BY THE PUBLIC SERVICE COMMISSION.
(IV) "DISADVANTAGED COMMUNITIES" HAS THE MEANING ASCRIBED TO THAT TERM
BY SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION
LAW.
(V) "PUBLIC ENTITY" HAS THE SAME MEANING AS IN SUBPARAGRAPH FIVE OF
PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION.
(VI) "RENEWABLE ENERGY GENERATING PROJECT" OR "PROJECT" MEANS:
(A) FACILITIES THAT GENERATE POWER AND ENERGY BY MEANS OF A RENEWABLE
ENERGY RESOURCE;
(B) FACILITIES THAT STORE AND DISCHARGE POWER AND ENERGY; AND
(C) TRANSMISSION AND OTHER INFRASTRUCTURE THAT SUPPORTS OR FACILITATES
THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY FROM RENEWABLE ENERGY
GENERATING PROJECTS TO DELIVERY POINTS WITHIN THE STATE OF NEW YORK.
(VII) "RENEWABLE ENERGY RESOURCE" MEANS SOLAR POWER, WIND POWER,
HYDROELECTRIC, GREEN HYDROGEN, AND ANY OTHER GENERATION RESOURCE AUTHOR-
IZED BY ANY RENEWABLE ENERGY STANDARD ADOPTED BY THE STATE FOR THE
PURPOSE OF IMPLEMENTING ANY STATE CLEAN ENERGY STANDARD.
(H) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE
JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER,
TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESI-
DENT OF THE SENATE, AND SHALL POST SUCH REPORT ON THE AUTHORITY'S
WEBSITE SUCH THAT THE REPORT IS ACCESSIBLE FOR PUBLIC REVIEW. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) A DESCRIPTION OF THE RENEWABLE ENERGY PROJECTS THE AUTHORITY HAS
PLANNED, DESIGNED, DEVELOPED, FINANCED, OR CONSTRUCTED AND THAT IT OWNS,
OPERATES, MAINTAINS OR IMPROVES, ALONE OR JOINTLY WITH OTHER ENTITIES,
UNDER THE AUTHORITY OF THIS SUBDIVISION;
(II) A DESCRIPTION OF THE ACQUISITION, LEASE OR OTHER DISPOSITION OF
INTERESTS IN RENEWABLE ENERGY GENERATING PROJECTS BY THE AUTHORITY UNDER
THIS SUBDIVISION;
(III) A LISTING OF ALL POWER, ENERGY, ANCILLARY SERVICES AND RELATED
CREDITS AND ATTRIBUTES SOLD OR PURCHASED BY THE AUTHORITY FROM SUCH
PROJECTS;
(IV) A LISTING OF THE ENTITIES TO WHICH THE AUTHORITY HAS SUPPLIED,
ALLOCATED OR SOLD ANY POWER, ENERGY, ANCILLARY SERVICES OR RELATED CRED-
ITS OR ATTRIBUTES FROM SUCH PROJECTS; AND
(V) A LISTING AND DESCRIPTION OF ALL SUBSIDIARIES AND SPECIAL PURPOSE
ENTITIES THAT THE AUTHORITY FORMED, OR IN WHICH THE AUTHORITY ACQUIRED
OR TRANSFERRED INTERESTS.
§ 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 27-b to read as follows:
27-B. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(I) "BILL CREDIT" MEANS A MONTHLY MONETARY CREDIT AS DETERMINED BY THE
PUBLIC SERVICE COMMISSION TO THE UTILITY BILL OF AN END-USE ELECTRICITY
CONSUMER LOCATED IN A DISADVANTAGED COMMUNITY, INCLUDING A LOW AND
MODERATE INCOME CONSUMER, FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE
ENERGY SYSTEMS DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE
POWER AUTHORITY OF THE STATE OF NEW YORK AND INJECTED INTO A DISTRIB-
UTION OR TRANSMISSION FACILITY AT ONE OR MORE POINTS IN NEW YORK STATE,
TOGETHER WITH ANY ENHANCED INCENTIVE PAYMENTS FOR A COMMUNITY DISTRIB-
UTED GENERATION PROJECT SERVING A DISADVANTAGED COMMUNITY PROVIDED FOR
S. 4008 147 A. 3008
IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF SECTION SIXTY-SIX-P OF THE
PUBLIC SERVICE LAW, TOGETHER WITH ANY OTHER FUNDING MADE AVAILABLE BY
THE AUTHORITY FOR SUCH PURPOSES;
(II) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISAD-
VANTAGED COMMUNITY IN ACCORDANCE WITH ARTICLE SEVENTY-FIVE OF THE ENVI-
RONMENTAL CONSERVATION LAW;
(III) "JURISDICTIONAL LOAD SERVING ENTITY" HAS THE SAME MEANING AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF
THE PUBLIC SERVICE LAW;
(IV) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWA-
BLE ENERGY SYSTEM; AND
(V) "RENEWABLE ENERGY SYSTEMS" HAS THE SAME MEANING AS DEFINED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC
SERVICE LAW.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE AUTHORITY IS
AUTHORIZED TO ESTABLISH A PROGRAM, TO BE KNOWN AS THE "RENEWABLE ENERGY
ACCESS AND COMMUNITY HELP PROGRAM" OR "REACH", THAT WILL ENABLE END-USE
ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-
USE ELECTRICITY CUSTOMERS WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE
NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGRE-
GATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT, UNLESS THEY OPT OUT
OF REACH, TO RECEIVE BILL CREDITS GENERATED BY THE PRODUCTION OF RENEWA-
BLE ENERGY BY A RENEWABLE ENERGY SYSTEM DEVELOPED, CONSTRUCTED, OWNED,
OR CONTRACTED FOR BY THE AUTHORITY. SUCH BILL CREDITS SHALL BE IN ADDI-
TION TO ANY OTHER RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM OR BENE-
FIT THAT END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES
RECEIVE. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE ENERGY SYSTEM
DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL
BE: (I) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTERNATING CURRENT AND
INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANSMISSION SYSTEM IN THE
SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE END-USE ELEC-
TRICITY CONSUMERS THAT RECEIVE BILL CREDITS; OR (II) SIZED ABOVE FIVE
MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED TO THE TRANSMISSION
SYSTEM AT ONE OR MORE POINTS ANYWHERE WITHIN THE STATE.
(C) FOR PURPOSES OF IMPLEMENTING REACH, THE AUTHORITY IS AUTHORIZED
TO:
(I) DEVELOP, CONSTRUCT, OWN, AND/OR OPERATE RENEWABLE ENERGY SYSTEMS
AND RELATED ENERGY FACILITIES, INCLUDING ENERGY STORAGE FACILITIES;
(II) CONTRACT FOR THE DEVELOPMENT, CONSTRUCTION AND/OR OPERATION OF
RENEWABLE ENERGY SYSTEMS;
(III) GENERATE AND STORE RENEWABLE ENERGY, AND INJECT ENERGY, FROM
RENEWABLE ENERGY SYSTEMS INTO TRANSMISSION OR DISTRIBUTION SYSTEMS AT
ONE OR MORE POINTS IN THE STATE;
(IV) SELL, PURCHASE, AND OTHERWISE CONTRACT REGARDING RENEWABLE ENER-
GY, RENEWABLE ENERGY CREDITS OR ATTRIBUTES AND OTHER ENERGY PRODUCTS AND
SERVICES GENERATED BY RENEWABLE ENERGY SYSTEMS; AND
(V) ENTER INTO CONTRACTS FOR PURPOSES OF IMPLEMENTING REACH, INCLUDING
BUT NOT LIMITED TO AGREEMENTS WITH DEVELOPERS, OWNERS AND OPERATORS OF
RENEWABLE ENERGY SYSTEMS, AND AGREEMENTS WITH JURISDICTIONAL LOAD SERV-
ING ENTITIES AND THE LONG ISLAND POWER AUTHORITY, OR ITS SERVICE PROVID-
ER, TO PROVIDE FOR BILL CREDITS TO END-USE ELECTRICITY CONSUMERS IN
DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE
ENERGY SYSTEMS, UPON TERMS AND CONDITIONS APPROVED BY THE PUBLIC SERVICE
COMMISSION PURSUANT TO SUBDIVISIONS SEVEN AND EIGHT OF SECTION SIXTY-
SIX-P OF THE PUBLIC SERVICE LAW.
S. 4008 148 A. 3008
(D) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE
JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER,
TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF
THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY, AND THE MINORITY LEADER
OF THE SENATE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) CONTRACTS ENTERED INTO BY THE AUTHORITY FOR THE DEVELOPMENT,
CONSTRUCTION AND/OR OPERATION OF RENEWABLE ENERGY SYSTEMS THAT ARE
INTENDED IN WHOLE OR IN PART TO SUPPORT REACH, AND THE PLANNED LOCATION
OF SUCH PROJECTS;
(II) RENEWABLE ENERGY SYSTEMS THAT ARE BEING PLANNED AND DEVELOPED OR
THAT HAVE BEEN DEVELOPED BY OR FOR THE AUTHORITY THAT ARE INTENDED IN
WHOLE OR IN PART TO SUPPORT REACH, AND THE LOCATION OF SUCH PROJECTS;
(III) AN ESTIMATE OF THE AGGREGATE AMOUNT OF BILL CREDITS PROVIDED TO
END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES UNDER REACH;
AND
(IV) AN ESTIMATE OF: (A) THE TOTAL AMOUNT OF REVENUES GENERATED FROM
THE SALE OF RENEWABLE CAPACITY, ENERGY, RENEWABLE CREDITS OR ATTRIBUTES,
RELATED ANCILLARY SERVICES THAT ARE USED TO FUND BILL CREDITS; AND (B)
ANY OTHER AUTHORITY FUNDS, AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY
THE TRUSTEES, THE AUTHORITY HAS CONTRIBUTED FOR THE PURPOSE OF FUNDING
BILL CREDITS UNDER REACH.
(E) THE AUTHORITY MAY REQUEST FROM ANY DEPARTMENT, DIVISION, OFFICE,
COMMISSION OR OTHER AGENCY OF THE STATE OR STATE PUBLIC AUTHORITY, AND
THE SAME ARE AUTHORIZED TO PROVIDE, SUCH ASSISTANCE, SERVICES AND DATA
AS MAY BE REQUIRED BY THE AUTHORITY IN CARRYING OUT THE PURPOSES OF THIS
SUBDIVISION.
§ 3. Subdivision 1 of section 66-p of the public service law, as
added by chapter 106 of the laws of 2019, is amended to read as follows:
1. As used in this section:
(a) "jurisdictional load serving entity" means any entity subject to
the jurisdiction of the commission that secures energy to serve the
electrical energy requirements of end-use customers in New York
state[;].
(b) "renewable energy systems" means systems that generate electricity
or thermal energy through use of the following technologies: solar ther-
mal, photovoltaics, on land and offshore wind, hydroelectric, geothermal
electric, geothermal ground source heat, tidal energy, wave energy,
ocean thermal, and fuel cells which do not utilize a fossil fuel
resource in the process of generating electricity.
(C) "BILL CREDIT" SHALL HAVE THE SAME MEANING AS IN SUBPARAGRAPH (I)
OF PARAGRAPH (A) OF SUBDIVISION TWENTY-SEVEN-B OF SECTION ONE THOUSAND
FIVE OF THE PUBLIC AUTHORITIES LAW.
(D) "DISADVANTAGED COMMUNITY" MEANS A COMMUNITY DEFINED AS A DISADVAN-
TAGED COMMUNITY UNDER ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSER-
VATION LAW.
(E) "RENEWABLE ENERGY" MEANS ELECTRICAL ENERGY PRODUCED BY A RENEWABLE
ENERGY SYSTEM.
§ 4. Section 66-p of the public service law is amended by adding a new
subdivision 8 to read as follows:
8. THE COMMISSION SHALL, NO LATER THAN EIGHTEEN MONTHS AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION, COMMENCE NECESSARY PROCEEDINGS TO
ENABLE THE POWER AUTHORITY OF THE STATE OF NEW YORK TO PROVIDE BILL
CREDITS FROM RENEWABLE ENERGY SYSTEMS UNDER THE RENEWABLE ENERGY ACCESS
AND COMMUNITY HELP PROGRAM, OR "REACH", ESTABLISHED PURSUANT TO SUBDIVI-
SION TWENTY-SEVEN-B OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORI-
TIES LAW, TO END-USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES
S. 4008 149 A. 3008
FOR RENEWABLE ENERGY PRODUCED BY RENEWABLE ENERGY SYSTEMS DEVELOPED,
CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE
STATE OF NEW YORK. SUCH BILL CREDITS SHALL BE IN ADDITION TO ANY OTHER
RENEWABLE ENERGY PROGRAM OR ANY OTHER PROGRAM OR BENEFIT THAT END-USE
ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES RECEIVE, AND ANY
OTHER INCENTIVES MADE AVAILABLE BY THE POWER AUTHORITY OF THE STATE OF
NEW YORK. FOR PURPOSES OF THIS SUBDIVISION, A RENEWABLE ENERGY SYSTEM
DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE AUTHORITY SHALL
BE:
(A) SIZED UP TO AND INCLUDING FIVE MEGAWATTS ALTERNATING CURRENT AND
INTERCONNECTED TO THE DISTRIBUTION SYSTEM OR TRANSMISSION SYSTEM IN THE
SERVICE TERRITORY OF THE ELECTRIC UTILITY THAT SERVES THE END-USE
CONSUMERS THAT RECEIVE BILL CREDITS; OR
(B) SIZED ABOVE FIVE MEGAWATTS ALTERNATING CURRENT AND INTERCONNECTED
TO THE TRANSMISSION SYSTEM AT ONE OR MORE POINTS ANYWHERE IN NEW YORK
STATE. THE COMMISSION SHALL, AFTER PUBLIC NOTICE AND COMMENT UNDER THE
STATE ADMINISTRATIVE PROCEDURE ACT, ESTABLISH SUCH PROGRAMS IMPLEMENTING
REACH WHICH:
(I) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL ENTER INTO
AGREEMENTS WITH THE POWER AUTHORITY OF THE STATE OF NEW YORK TO CARRY
OUT REACH;
(II) PROVIDE THAT JURISDICTIONAL LOAD SERVING ENTITIES SHALL FILE
TARIFFS AND OTHER SOLUTIONS DETERMINED BY THE COMMISSION TO IMPLEMENT
REACH AT A REASONABLE COST WHILE ENSURING SAFE AND RELIABLE ELECTRIC
SERVICE;
(III) PROVIDE THAT, UNLESS THEY OPT OUT, END-USE ELECTRICITY CONSUMERS
IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH END-USE ELECTRICITY CUSTOM-
ERS WHO HAVE OR WHO RESIDE IN BUILDINGS THAT HAVE ON-SITE NET-METERED
GENERATION OR WHO PARTICIPATE IN A COMMUNITY CHOICE AGGREGATION OR
COMMUNITY DISTRIBUTED GENERATION PROJECT, SHALL RECEIVE BILL CREDITS FOR
RENEWABLE ENERGY PRODUCED BY A RENEWABLE ENERGY SYSTEM DEVELOPED,
CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER AUTHORITY OF THE
STATE OF NEW YORK;
(IV) CONSIDER ENHANCED INCENTIVE PAYMENTS IN BILL CREDITS TO END-USE
ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES FOR RENEWABLE ENERGY
SYSTEMS INCLUDING SOLAR AND COMMUNITY DISTRIBUTED GENERATION PROJECTS AS
PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION;
(V) TO THE EXTENT PRACTICABLE INCLUDE ENERGY STORAGE IN RENEWABLE
ENERGY SYSTEMS TO DELIVER CLEAN ENERGY BENEFITS TO END-USE ELECTRICITY
CONSUMERS IN DISADVANTAGED COMMUNITIES AS PROVIDED FOR IN PARAGRAPHS (A)
AND (B) OF SUBDIVISION SEVEN OF THIS SECTION; AND
(VI) ADDRESS RECOVERY BY JURISDICTIONAL LOAD SERVING ENTITIES OF THEIR
PRUDENTLY INCURRED COSTS OF ADMINISTERING REACH IN ELECTRIC SERVICE
DELIVERY RATES OF THE UTILITY IN WHOSE SERVICE TERRITORY END-USE ELEC-
TRICITY CONSUMERS IN A DISADVANTAGED COMMUNITY PARTICIPATE IN REACH.
§ 5. Section 1005 of the public authorities law is amended by adding a
new subdivision 27-c to read as follows:
27-C. (A) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVISION,
THE AUTHORITY SHALL PUBLISH A PLAN PROVIDING FOR THE PROPOSED PHASE OUT,
BY DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-FIVE, OF THE PRODUCTION OF
ELECTRIC ENERGY FROM ITS SMALL NATURAL GAS POWER PLANTS SHOULD THE
AUTHORITY DETERMINE THAT SUCH PLANTS OR THE ELECTRICITY PRODUCTION THER-
EFROM ARE NOT NEEDED FOR ANY OF FOLLOWING PURPOSES: (I) EMERGENCY POWER
SERVICE; OR (II) ELECTRIC SYSTEM RELIABILITY, INCLUDING BUT NOT LIMITED
TO, OPERATING FACILITIES TO MAINTAIN POWER SYSTEM REQUIREMENTS FOR
FACILITY THERMAL LIMITS, VOLTAGE LIMITS, FREQUENCY LIMITS, FAULT CURRENT
S. 4008 150 A. 3008
DUTY LIMITS, OR DYNAMIC STABILITY LIMITS, IN ACCORDANCE WITH THE SYSTEM
RELIABILITY STANDARDS OF THE NORTH AMERICAN ELECTRIC RELIABILITY CORPO-
RATION, CRITERIA OF THE NORTHEAST POWER COORDINATING COUNCIL, RULES OF
THE NEW YORK STATE RELIABILITY COUNCIL, AND AS APPLICABLE, RELIABILITY
RULES OF THE UTILITY IN WHOSE SERVICE TERRITORY A SMALL NATURAL GAS
POWER PLANT IS LOCATED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
PARAGRAPH, THE AUTHORITY MAY CONTINUE TO PRODUCE ELECTRIC ENERGY AT ANY
OF THE SMALL NATURAL GAS POWER PLANTS IF EXISTING OR PROPOSED REPLACE-
MENT GENERATION RESOURCES WOULD RESULT IN A NET INCREASE OF EMISSIONS OF
CARBON DIOXIDE WITHIN OR OUTSIDE NEW YORK STATE.
(B) IN DETERMINING WHETHER TO CEASE ELECTRICITY PRODUCTION FROM ANY
SMALL NATURAL GAS POWER PLANT, THE AUTHORITY IS AUTHORIZED TO CONFER
WITH THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR FOR THE
STATE, THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE
DEPARTMENT OF PUBLIC SERVICE, AND THE DISTRIBUTION UTILITY IN WHOSE
SERVICE TERRITORY SUCH SMALL NATURAL GAS POWER PLANT OPERATES, IN ADDI-
TION TO SUCH OTHER STAKEHOLDERS AS THE AUTHORITY DETERMINES TO BE APPRO-
PRIATE.
(C) NOTHING IN THIS SUBDIVISION IS INTENDED TO, NOR SHALL BE CONSTRUED
TO, PROHIBIT THE AUTHORITY IN ITS DISCRETION FROM USING, OR PERMITTING
THE USE OF, INCLUDING THROUGH LEASE, SALE, OR, OTHER ARRANGEMENT, ANY
SMALL NATURAL GAS POWER PLANT OR ITS SITE OR ASSOCIATED INFRASTRUCTURE
IN WHOLE OR IN PART FOR ELECTRIC SYSTEM PURPOSES THAT DOES NOT INVOLVE
THE COMBUSTION OF FOSSIL FUELS, INCLUDING, BUT NOT LIMITED TO PROVIDING
SYSTEM VOLTAGE SUPPORT, ENERGY STORAGE, INTERCONNECTION OF EXISTING OR
NEW RENEWABLE GENERATION, OR THE USE OF THE GENERATOR STEP UP TRANSFOR-
MERS AND SUBSTATIONS FOR TRANSMISSION OR DISTRIBUTION PURPOSES.
(D) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "SMALL NATURAL GAS
POWER PLANT" MEANS EACH OF THE SEVEN ELECTRIC GENERATING POWER PLANTS
OWNED AND OPERATED BY THE AUTHORITY LOCATED AT SIX SITES IN BRONX,
BROOKLYN, QUEENS AND STATEN ISLAND AND ONE SITE IN BRENTWOOD, SUFFOLK
COUNTY, WHICH EACH USE ONE OR MORE SIMPLE CYCLE COMBUSTION TURBINE
UNITS, TOTALING ELEVEN UNITS, FUELED BY NATURAL GAS AND WHICH TYPICALLY
OPERATE DURING PERIODS OF PEAK ELECTRIC SYSTEM DEMAND.
§ 6. Section 1020-f of the public authorities law, as added by chapter
517 of the laws of 1986, is amended by adding a new subdivision (jj) to
read as follows:
(JJ) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AS DEEMED
FEASIBLE AND ADVISABLE BY THE TRUSTEES, TO ENTER INTO CONTRACTS WITH THE
POWER AUTHORITY OF THE STATE OF NEW YORK FOR THE PROVISION OF BILL CRED-
ITS GENERATED BY THE PRODUCTION OF RENEWABLE ENERGY BY A RENEWABLE ENER-
GY SYSTEM DEVELOPED, CONSTRUCTED, OWNED, OR CONTRACTED FOR BY THE POWER
AUTHORITY OF THE STATE OF NEW YORK UNDER THE RENEWABLE ENERGY ACCESS AND
COMMUNITY HELP PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWENTY-SEV-
EN-B OF SECTION ONE THOUSAND FIVE OF THIS ARTICLE AND, UNLESS SUCH END-
USE ELECTRICITY CONSUMERS OPT OUT, TO PROVIDE SUCH BILL CREDITS TO END-
USE ELECTRICITY CONSUMERS IN DISADVANTAGED COMMUNITIES, INCLUDING SUCH
END-USE ELECTRICITY CUSTOMERS WHO HAVE OR WHO RESIDE IN BUILDINGS THAT
HAVE ON-SITE NET-METERED GENERATION OR WHO PARTICIPATE IN A COMMUNITY
CHOICE AGGREGATION OR COMMUNITY DISTRIBUTED GENERATION PROJECT.
§ 7. Section 1005 of the public authorities law is amended by adding a
new subdivision 27-d to read as follows:
27-D. THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY
THE TRUSTEES, TO MAKE AVAILABLE AN AMOUNT UP TO TWENTY-FIVE MILLION
DOLLARS ANNUALLY TO FUND TRAINING PROGRAMS TO HELP PREPARE WORKERS FOR
EMPLOYMENT IN THE RENEWABLE ENERGY FIELD. THE AUTHORITY SHALL COORDI-
S. 4008 151 A. 3008
NATE WITH THE DEPARTMENT OF LABOR AND THE NEW YORK STATE ENERGY AND
RESEARCH DEVELOPMENT AUTHORITY ON INITIATIVES TO HELP PREPARE WORKERS
FOR EMPLOYMENT IN THE RENEWABLE ENERGY FIELD AND TO MAXIMIZE THE IMPACT
OF AUTHORITY RESOURCES MADE AVAILABLE PURSUANT TO THIS SUBDIVISION.
§ 8. Paragraph (a) and subparagraph 1 of paragraph (b) of subdivision
13-b of section 1005 of the public authorities law, added by section 4
of part CC of chapter 60 of the laws of 2011, are amended to read as
follows:
(a) Residential consumer electricity cost discount. Notwithstanding
any provision of this title or article six of the economic development
law to the contrary, the authority is authorized, as deemed feasible and
advisable by the trustees, to use revenues from the sale of hydroelec-
tric power, and such other funds of the authority as deemed feasible and
advisable by the trustees, to fund monthly payments to be made for the
benefit of such classes of electricity consumers as enjoyed the benefits
of authority hydroelectric power withdrawn pursuant to subdivision thir-
teen-a of this section, for the purpose of mitigating price impacts
associated with the reallocation of such power in the manner described
in this subdivision. Such monthly payments shall commence after such
hydroelectric power is withdrawn AND SHALL CEASE AUGUST FIRST, TWO THOU-
SAND TWENTY-THREE. The total annual amount of monthly payments for each
of the three twelve month periods following withdrawal of such [hyrdoe-
lectric] HYDROELECTRIC power shall be one hundred million dollars. The
total annual amount of monthly payments for each of the two subsequent
twelve month periods shall be seventy million dollars and fifty million
dollars, respectively. Thereafter, the total annual amount of monthly
payments for each twelve month period THROUGH THE FINAL PERIOD ENDING
AUGUST FIRST, TWO THOUSAND TWENTY-THREE shall be thirty million dollars.
The total amount of monthly payments shall be apportioned by the author-
ity among the utility corporations that, prior to the effective date of
this subdivision, purchased such hydroelectric power for the benefit of
their domestic and rural consumers according to the relative amounts of
such power purchased by such corporations. The monthly payments shall be
credited to the electricity bills of such corporations' domestic and
rural consumers in a manner to be determined by the public service
commission of the state of New York. The monthly credit provided by any
such corporation to any one consumer shall not exceed the total monthly
electric utility cost incurred by such consumer.
(1) Beginning with the second twelve month period after such hydro-
electric power is withdrawn, up to eight million dollars of the residen-
tial consumer electricity cost discount established by paragraph (a) of
this subdivision shall be dedicated for monthly payments to agricultural
producers who receive electric service at the residential rate, PROVIDED
THAT IN THE FINAL TWELVE MONTH PERIOD ENDING AUGUST FIRST, TWO THOUSAND
TWENTY-THREE, THE AMOUNT DEDICATED FOR AGRICULTURAL PRODUCERS SHALL NOT
EXCEED TWENTY PERCENT OF THE AMOUNT MADE AVAILABLE FOR THE OVERALL RESI-
DENTIAL CONSUMER ELECTRICITY COST DISCOUNT. The total amount of monthly
payments shall be apportioned by the authority among the utility corpo-
rations in the same manner as they are apportioned in paragraph (a) of
this subdivision. Monthly payments shall be credited to the electricity
bills of such corporations' agricultural consumers in a manner to be
determined by the public service commission of the state of New York.
The combined monthly credit, under this paragraph and paragraph (a) of
this subdivision, provided by any such corporation to any one consumer
shall not exceed the total monthly electric utility cost incurred by
such consumer.
S. 4008 152 A. 3008
§ 9. Subdivision 13-b of section 1005 of the public authorities law,
as added by section 4 of part CC of chapter 60 of the laws of 2011,
paragraph (a) and subparagraph 1 of paragraph (b) as amended by section
8 of this act, is amended to read as follows:
13-b. [Residential consumer discount programs. (a) Residential consum-
er electricity cost discount. Notwithstanding any provision of this
title or article six of the economic development law to the contrary,
the authority is authorized, as deemed feasible and advisable by the
trustees, to use revenues from the sale of hydroelectric power, and such
other funds of the authority as deemed feasible and advisable by the
trustees, to fund monthly payments to be made for the benefit of such
classes of electricity consumers as enjoyed the benefits of authority
hydroelectric power withdrawn pursuant to subdivision thirteen-a of this
section, for the purpose of mitigating price impacts associated with the
reallocation of such power in the manner described in this subdivision.
Such monthly payments shall commence after such hydroelectric power is
withdrawn and shall cease August first, two thousand twenty-three. The
total annual amount of monthly payments for each of the three twelve
month periods following withdrawal of such hydroelectric power shall be
one hundred million dollars. The total annual amount of monthly payments
for each of the two subsequent twelve month periods shall be seventy
million dollars and fifty million dollars, respectively. Thereafter, the
total annual amount of monthly payments for each twelve month period
through the final period ending August first, two thousand twenty-three
shall be thirty million dollars. The total amount of monthly payments
shall be apportioned by the authority among the utility corporations
that, prior to the effective date of this subdivision, purchased such
hydroelectric power for the benefit of their domestic and rural consum-
ers according to the relative amounts of such power purchased by such
corporations. The monthly payments shall be credited to the electricity
bills of such corporations' domestic and rural consumers in a manner to
be determined by the public service commission of the state of New York.
The monthly credit provided by any such corporation to any one consumer
shall not exceed the total monthly electric utility cost incurred by
such consumer.
(b)] Agricultural consumer electricity cost discount. (1) [Beginning
with the second twelve month period after such hydroelectric power is
withdrawn, up to eight million dollars of the residential consumer elec-
tricity cost discount established by paragraph (a) of this subdivision
shall be dedicated for monthly payments to agricultural producers who
receive electric service at the residential rate, provided that in the
final twelve month period ending August first, two thousand twenty-
three, the amount dedicated for agricultural producers shall not exceed
twenty percent of the amount made available for the overall residential
consumer electricity cost discount. The total amount of monthly payments
shall be apportioned by the authority among the utility corporations in
the same manner as they are apportioned in paragraph (a) of this subdi-
vision. Monthly payments shall be credited to the electricity bills of
such corporations' agricultural consumers in a manner to be determined
by the public service commission of the state of New York. The combined
monthly credit, under this paragraph and paragraph (a) of this subdivi-
sion, provided by any such corporation to any one consumer shall not
exceed the total monthly electric utility cost incurred by such consum-
er.] NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR ARTICLE SIX OF THE
ECONOMIC DEVELOPMENT LAW TO THE CONTRARY, THE AUTHORITY IS AUTHORIZED,
BEGINNING IN TWO THOUSAND TWENTY-FOUR, AS DEEMED FEASIBLE AND ADVISABLE
S. 4008 153 A. 3008
BY THE TRUSTEES, TO USE REVENUES FROM THE SALE OF HYDROELECTRIC POWER,
AND SUCH OTHER FUNDS OF THE AUTHORITY AS DEEMED FEASIBLE AND ADVISABLE
BY THE TRUSTEES, TO FUND MONTHLY PAYMENTS TO BE MADE FOR THE BENEFIT OF
AGRICULTURAL PRODUCERS WHO RECEIVE ELECTRIC SERVICE AT THE RESIDENTIAL
RATE WHO ENJOYED THE BENEFITS OF AUTHORITY HYDROELECTRIC POWER WITHDRAWN
PURSUANT TO SUBDIVISION THIRTEEN-A OF THIS SECTION, AND WHO WERE PREVI-
OUSLY ELIGIBLE TO RECEIVE BENEFITS UNDER THE AGRICULTURAL CONSUMER ELEC-
TRICITY COST DISCOUNT CREATED BY SECTION FOUR OF PART CC OF CHAPTER
SIXTY OF THE LAWS OF TWO THOUSAND ELEVEN, FOR THE PURPOSE OF MITIGATING
PRICE IMPACTS ASSOCIATED WITH THE REALLOCATION OF SUCH POWER IN THE
MANNER DESCRIBED IN THIS SUBDIVISION. SUCH MONTHLY PAYMENTS SHALL
COMMENCE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR. THE TOTAL ANNUAL
AMOUNT OF MONTHLY PAYMENTS SHALL NOT EXCEED FIVE MILLION DOLLARS.
(2) The authority shall work cooperatively with the department of
public service to evaluate the agricultural consumer electricity cost
discount, which shall include an assessment of the benefits to recipi-
ents compared to the benefits the recipients received from the authori-
ty's hydroelectric power, withdrawn pursuant to subdivision thirteen-a
of this section, during the twelve month period ending December thirty-
first, two thousand ten, and compared to other agricultural consumers
that did not choose to receive the discount.
[(c)] (B) Energy efficiency program. (1) Beginning with the withdrawal
of such hydroelectric power, the authority or the New York state energy
research and development authority, shall conduct an energy efficiency
program for five years to provide energy efficiency improvements for the
purpose of reducing energy consumption for domestic and rural consumers.
Such energy efficiency program may be undertaken in cooperation with
other energy efficiency programs offered by utility corporations, state
agencies and authorities including but not limited to the New York state
energy research and development authority; provided however that energy
savings attributable to such other energy efficiency programs shall not
be included in determining the amount of energy saved pursuant to the
program established by this paragraph;
(2) The authority or the New York state energy research and develop-
ment authority shall annually post on their website a report evaluating
the energy efficiency program, including but not limited to, the number
of domestic and rural consumers who opted to participate in the program
and, if practicable, the estimated savings the domestic and rural
consumers received by participating in the energy efficiency program.
§ 10. Subdivision 13-b of section 1005 of the public authorities law
is REPEALED.
§ 11. Nothing in this act is intended to limit, impair, or affect the
legal authority of the Power Authority of the State of New York under
any other provision of law.
§ 12. Severability. If any word, phrase, clause, sentence, paragraph,
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 word, phrase, clause, sentence, paragraph, section, or part ther-
eof directly involved in the controversy in which such judgment shall
have been rendered.
§ 13. This act shall take effect immediately; provided, however, that
section nine of this act shall take effect January 1, 2024; and provided
further, however, that section ten of this act shall take effect Decem-
ber 31, 2029.
S. 4008 154 A. 3008
PART YY
Section 1. Section 4 of part LL of chapter 58 of the laws of 2019
amending the public authorities law relating to the provision of renewa-
ble power and energy by the Power Authority of the State of New York is
amended to read as follows:
§ 4. This act shall take effect immediately; provided, however, that
the provisions of sections two and three of this act shall expire on
June 30, [2024] 2044 when upon such date the provisions of such sections
shall be deemed repealed, provided that such repeal shall not affect or
impair any act done, any right, permit or authorization accrued or
acquired, or any liability incurred, prior to the time such repeal takes
effect, and provided further that any project or contract that was
awarded by the power authority of the state of New York prior to such
repeal shall be permitted to continue under this act notwithstanding
such repeal.
§ 2. This act shall take effect immediately.
PART ZZ
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
2021. 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, 2023 and
such amounts shall be paid to the New York state energy research and
development authority on or before September 10, 2023. 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
S. 4008 155 A. 3008
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, 2023.
PART AAA
Section 1. Legislative findings and declaration. 1. Pursuant to arti-
cle 75 of the environmental conservation law, as added by the Climate
Leadership and Community Protection Act, the department of environmental
conservation must promulgate regulations, by January 1, 2024, to ensure
achievement of the statewide greenhouse gas emission limits, as defined
and established therein. Among other requirements, the regulations
promulgated by such department pursuant to section 75-0109 of the envi-
ronmental conservation law must ensure that the aggregate emissions of
greenhouse gases from greenhouse gas emission sources will not exceed
the statewide greenhouse gas emissions limits established in section
75-0107 of the environmental conservation law; include legally enforcea-
ble emissions limits, performance standards, or measures or other
requirements to control emissions from greenhouse gas emission sources;
and reflect, in substantial part, the findings of the scoping plan
prepared by the Climate Action Council pursuant to section 75-0103 of
the environmental conservation law.
2. The scoping plan prepared by the Climate Action Council pursuant to
section 75-0103 of the environmental conservation law recommends that
the department of environmental conservation and the New York state
energy research and development authority adopt an economy-wide cap and
invest program to, among other purposes, ensure achievement of the
statewide greenhouse gas limits, as defined and established in article
75 of the environmental conservation law.
3. An economy-wide cap and invest program, established through regu-
lation by the department of environmental conservation and the New York
state energy research and development authority, would meet the require-
ments of section 75-0109 of the environmental conservation law.
4. While the establishment of an economy-wide cap and invest program
through regulation is the most cost-effective means of achieving the
statewide greenhouse gas emission limits, as defined and established in
article 75 of the environmental conservation law, the state must ensure
that energy costs are affordable for all members of the public.
5. To promote affordability, a portion of the proceeds of the auction
or sale of allowances under the economy-wide cap and invest program will
be designated to mitigate costs through the creation of a climate action
S. 4008 156 A. 3008
fund, that will assist in reducing the costs of the program for the
people of the state and for industrial small businesses within the
state, and which, in combination with other investments made possible by
the cap and invest program, help households and industrial small busi-
nesses reduce their energy costs by switching to clean energy.
6. In promulgating the regulations, pursuant to section 75-0109 of the
environmental conservation law, to establish an economy-wide cap and
invest program, the department of environmental conservation in consul-
tation with the New York state energy research and development authority
will prioritize affordability in the design of the program, including by
considering as part of the rulemaking process the aggregate cost of the
program when applying the carbon dioxide equivalent and statewide green-
house gas emission limit, as those terms are defined in section 75-0101
of the environmental conservation law, and, in addition the aggregate
cost of the program if the carbon dioxide equivalent and statewide
greenhouse gas limit as defined under internationally accepted best
practices or other metrics is applied.
7. To ensure the state maintains its role as a climate leader, the
economy-wide cap and invest program will be designed with the capacity
to link with other similar programs in other jurisdictions to lower
overall costs for the state to achieve the statewide greenhouse gas
emission limits, as defined and established in article 75 of the envi-
ronmental conservation law, and catalyze additional emissions reductions
and greater scale in the clean energy economy across multiple jurisdic-
tions.
8. The economy-wide cap and invest program to be established by the
department of environmental conservation and the New York state energy
research and development authority will be designed to create jobs and
preserve the competitiveness of the state's existing businesses, includ-
ing creating well-paying, family-sustaining jobs and by recognizing
energy intensive and trade exposed industries and designing program
elements, such as direct allocation of allowances to qualifying green-
house gas emission sources in such industries, to prevent leakage.
9. The economy-wide cap and invest program to be established by the
department of environmental conservation and the New York state energy
research and development authority will be designed to invest in and, as
appropriate, prioritize disadvantaged communities, including by ensuring
investments of the proceeds of allowances benefit disadvantaged communi-
ties, as required by section 75-0117 of the environmental conservation
law, and by designing other program elements to avoid disproportionate
burdens on disadvantaged communities.
10. To invest in a sustainable future, the proceeds of the auction or
sale of allowances under the economy-wide cap and invest program will
provide funding to support programmatic investments designed to achieve
the statewide greenhouse gas emission limit, as defined and established
in article 75 of the environmental conservation law, delivering benefits
across the state and enhancing livability, cutting transition costs for
consumers, and creating a better state.
§ 2. Subdivision 1 of section 75-0101 of the environmental conserva-
tion law, as added by chapter 106 of the laws of 2019, is amended and
four new subdivisions 16, 17, 18 and 19 are added to read as follows:
1. "Allowance" means an authorization to emit[, during a specified
year, up to one ton of carbon dioxide equivalent] A FIXED AMOUNT OF
CARBON DIOXIDE EQUIVALENT, AS CREATED AND ISSUED BY THE DEPARTMENT.
16. "CAP AND INVEST PROGRAM" SHALL MEAN THE PROGRAM, AS ESTABLISHED
THROUGH REGULATIONS ADOPTED BY THE DEPARTMENT AND THE AUTHORITY,
S. 4008 157 A. 3008
CONTAINING MARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONS LIMITS FOR
GREENHOUSE GAS SOURCES OR CATEGORIES OF GREENHOUSE GAS SOURCES, BY
SETTING AN OVERALL CAP OR MAXIMUM AMOUNT OF EMISSIONS FROM ALL REGULATED
SOURCES PER COMPLIANCE PERIOD; PROVIDED THAT A CERTAIN NUMBER OF ALLOW-
ANCES SHALL BE CREATED, ISSUED AND MADE AVAILABLE TO PERSONS, COMPANIES,
ORGANIZATIONS OR OTHER ENTITIES FOR SALE BY AUCTION OR BY DIRECT ALLO-
CATION; AND PROVIDED FURTHER THAT THE TOTAL NUMBER OF ALLOWANCES MADE
AVAILABLE IN A COMPLIANCE PERIOD SHALL NOT EXCEED THE CAP.
17. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION.
18. "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
19. "GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT" SHALL MEAN A GENERAL
ACCOUNT TO BE ESTABLISHED BY THE AUTHORITY, INTO WHICH THE DEPARTMENT
SHALL ALLOCATE ALLOWANCES.
§ 3. Subdivision 2 of section 75-0109 of the environmental conserva-
tion law is amended by adding two new paragraphs e and f to read as
follows:
E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UTILIZE SOFTWARE
SYSTEMS AND/OR ELECTRONIC MECHANISMS TO ENSURE ADEQUATE DATA COLLECTION
AND ASSESS GREENHOUSE GAS EMISSION SOURCES COMPLIANCE WITH REGULATIONS.
F. AT THE DISCRETION OF THE DEPARTMENT, GREENHOUSE GAS EMISSION SOURC-
ES MAY BE REQUIRED TO SUBMIT COMPLIANCE ITEMS ELECTRONICALLY AND MAIN-
TAIN AND UTILIZE ELECTRONIC SIGNATURES FOR VERIFICATION PURPOSES.
§ 4. Subdivision 1 of section 75-0111 of the environmental conserva-
tion law is amended by adding a new paragraph d to read as follows:
D. WORKING GROUP MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
§ 5. Paragraphs a and b of subdivision 2 of section 75-0111 of the
environmental conservation law, as added by chapter 106 of the laws of
2019, are amended to read as follows:
a. The [council] WORKING GROUP shall hold at least six regional public
hearings on the draft criteria and the draft list of disadvantaged
communities, including three meetings in the upstate region and three
meetings in the downstate region, and shall allow at least one hundred
twenty days for the submission of public comment.
b. The [council] WORKING GROUP shall also ensure that there are mean-
ingful opportunities for public comment for all segments of the popu-
lation that will be impacted by the criteria, including persons living
in areas that may be identified as disadvantaged communities under the
proposed criteria.
§ 6. The environmental conservation law is amended by adding a new
section 75-0121 to read as follows:
§ 75-0121. ALLOCATION OF ALLOWANCES.
1. THE DEPARTMENT SHALL TRANSFER ALL OR A PORTION OF ALLOWANCES, AS
CREATED AND ISSUED BY THE DEPARTMENT PURSUANT TO THE CAP AND INVEST
PROGRAM, TO THE GREENHOUSE GAS EMISSIONS REDUCTION ACCOUNT FOR AUCTION
OR SALE THEREOF.
2. ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES, AS DETERMINED BY THE
DEPARTMENT, MUST RECEIVE AN ALLOCATION OF ALLOWANCES FOR THE COVERED
EMISSIONS UNDER A CAP AND INVEST PROGRAM AT NO COST IN A MANNER DETER-
MINED BY THE DEPARTMENT. THE DEPARTMENT SHALL ADOPT A REGULATION THAT
IDENTIFIES CRITERIA FOR BOTH ENERGY INTENSITY AND TRADE EXPOSURE FOR THE
PURPOSE OF IDENTIFYING ENERGY-INTENSIVE AND TRADE-EXPOSED FACILITIES AND
S. 4008 158 A. 3008
IDENTIFIES THE PROCEDURE FOR SUCH FACILITIES TO RECEIVE NO COST ALLOW-
ANCES.
§ 7. Section 1854 of the public authorities law is amended by adding
three new subdivisions 24, 25 and 26 to read as follows:
24. CLIMATE RISK-RELATED AND ENERGY TRANSITION ACTIVITIES. TO CONDUCT,
FOSTER, ASSIST, EVALUATE, AND SUPPORT PROGRAMS AND SERVICES RELATED TO:
GREENHOUSE GAS EMISSIONS OR CO-POLLUTANT REDUCTIONS; RESEARCH, ANALYSIS
AND SUPPORT OF CLIMATE MITIGATION, ADAPTATION, AND RESILIENCE; OTHER
MEASURES AS IDENTIFIED IN THE SCOPING PLAN DEVELOPED PURSUANT TO SECTION
75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING WITHOUT LIMITA-
TION THOSE MEASURES IDENTIFIED RELATIVE TO A JUST TRANSITION OR WORK-
FORCE DEVELOPMENT; OR MEASURES IDENTIFIED IN THE STATE ENERGY PLAN
DEVELOPED PURSUANT TO ARTICLE SIX OF THE ENERGY LAW.
25. TO ADMINISTER, IMPLEMENT, AND SUPPORT THE GREENHOUSE GAS EMISSIONS
REDUCTION ACCOUNT AS DEFINED IN SECTION 75-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW, IN SUCH A MANNER THAT ALLOWANCES ALLOCATED TO SUCH
ACCOUNT BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PURSUANT TO
REGULATIONS ADOPTED PURSUANT TO SECTION 75-0109 OF THE ENVIRONMENTAL
CONSERVATION LAW AND OTHER EXISTING AUTHORITY, WILL BE MADE AVAILABLE
FOR AUCTION OR SALE PURSUANT TO THE CAP AND INVEST PROGRAM, AS DEFINED
IN SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. THE PROCEEDS
FROM THE SALE OF ALLOWANCES WILL BE PLACED INTO A SEGREGATED AUTHORITY
FUNDING ACCOUNT, ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED
FIFTY-NINE OF THIS TITLE, AND SHALL NOT BE COMMINGLED WITH OTHER AUTHOR-
ITY FUNDS. EXCEPT AS OTHERWISE SET FORTH IN THIS TITLE, THE AUTHORITY
MAY USE SUCH PROCEEDS FOR ACTIVITIES DEVELOPED IN ACCORDANCE WITH THE
CAP AND INVEST PROGRAM, AS DEFINED IN SECTION 75-0101 OF THE ENVIRON-
MENTAL CONSERVATION LAW, INCLUDING BUT NOT LIMITED TO ADMINISTRATIVE
COSTS, AUCTION DESIGN AND SUPPORT COSTS, AND PROGRAM DESIGN, IMPLEMENTA-
TION, EVALUATION, AND SUPPORT COSTS ASSOCIATED WITH SUCH CAP AND INVEST
PROGRAM.
26. WITHIN THIRTY DAYS FOLLOWING RECEIPT OF PROCEEDS COLLECTED FROM
THE AUCTION OR SALE OF ALLOWANCES ALLOCATED BY THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION TO THE AUTHORITY, PURSUANT TO REGULATIONS ADOPTED
BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN RELATION TO SECTION
75-0109 OF THE ENVIRONMENTAL CONSERVATION LAW AND OTHER EXISTING AUTHOR-
ITY, THE AUTHORITY SHALL MAKE THE FOLLOWING TRANSFERS FROM SUCH SEGRE-
GATED AUTHORITY FUNDING ACCOUNT:
(A) NOT LESS THAN THIRTY PERCENT TO THE NEW YORK CLIMATE ACTION FUND
CONSUMER CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION NINETY-
NINE-QQ OF THE STATE FINANCE LAW.
(B) UP TO THREE PERCENT TO THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL
SMALL BUSINESS CLIMATE ACTION ACCOUNT ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-QQ OF THE STATE FINANCE LAW.
(C) AN AMOUNT TO THE STATE GENERAL FUND TO SUPPORT COSTS OF THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND OTHER STATE AGENCIES AND
AUTHORITIES AS APPROPRIATE, ASSOCIATED WITH SUCH CAP AND INVEST PROGRAM.
§ 8. The state finance law is amended by adding a new section 99-qq to
read as follows:
§ 99-QQ. NEW YORK CLIMATE ACTION FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK CLIMATE
ACTION FUND".
2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND
DISTINCT ACCOUNTS WITHIN THE NEW YORK CLIMATE ACTION FUND:
(A) CONSUMER CLIMATE ACTION ACCOUNT; AND
S. 4008 159 A. 3008
(B) INDUSTRIAL SMALL BUSINESS CLIMATE ACTION ACCOUNT.
3. (A) THE NEW YORK CLIMATE ACTION FUND CONSUMER CLIMATE ACTION
ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO PARA-
GRAPH (A) OF SUBDIVISION TWENTY-SIX OF SECTION EIGHTEEN HUNDRED FIFTY-
FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRIATED,
CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE PURPOSES OF
PROVIDING A PAYMENT TO HELP REDUCE POTENTIAL INCREASED COSTS OF VARIOUS
GOODS AND SERVICES THAT MAY RESULT FROM THE IMPLEMENTATION OF THE CAP
AND INVEST PROGRAM TO CONSUMERS IN THE STATE.
(B) THE NEW YORK CLIMATE ACTION FUND INDUSTRIAL SMALL BUSINESS CLIMATE
ACTION ACCOUNT SHALL CONSIST OF MONEYS RECEIVED BY THE STATE PURSUANT TO
PARAGRAPH (B) OF SUBDIVISION TWENTY-SIX OF SECTION EIGHTEEN HUNDRED
FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS APPROPRI-
ATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE
PURPOSES OF PROVIDING A PAYMENT TO HELP REDUCE POTENTIAL INCREASED COSTS
OF VARIOUS GOODS AND SERVICES THAT MAY RESULT FROM THE IMPLEMENTATION OF
THE CAP AND INVEST PROGRAM TO INDUSTRIAL SMALL BUSINESSES INCORPORATED
IN THE STATE OF NEW YORK.
4. MONEYS IN THE NEW YORK CLIMATE ACTION FUND SHALL BE KEPT SEPARATE
FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. PROVIDED,
HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY,
AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE DIRECTOR
OF THE DIVISION OF BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLIGATIONS
OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH INVESTMENT
SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR PURPOSES OF THE
FUND.
§ 9. 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 AAA of this act shall
be as specifically set forth in the last section of such Parts.