The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4008                                                  A. 3008
 
                       S E N A T E - A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to  amend  the  vehicle  and  traffic law, in relation to owner
   liability for failure of operator to comply with bus operation-related
   local law or regulation traffic restrictions and to  the  adjudication
   of  certain parking infractions; to amend part II of chapter 59 of the
   laws of 2010, amending the vehicle and  traffic  law  and  the  public
   officers  law  relating  to  establishing  a  bus rapid transit demon-
   stration program to restrict the use of bus lanes by means of bus lane
   photo devices, in relation to the effectiveness thereof; and providing
   for the repeal of certain provisions upon expiration thereof (Part A);
   to amend the vehicle and traffic law, in relation  to  establishing  a
   Triborough  bridge and tunnel authority photo speed violation monitor-
   ing system demonstration program; and providing for the repeal of such
   provisions upon expiration thereof (Part B); to amend part PP of chap-
   ter 54 of the laws of 2016, amending the public authorities law relat-
   ing to the New York transit authority and the metropolitan transporta-
   tion authority, in relation to making permanent certain tax  increment
   financing provisions; to amend the public authorities law, in relation
   to  contracts entered into by the metropolitan commuter transportation
   district; to amend part OO of chapter 54 of the laws of 2016, amending
   the public authorities law relating to procurements by  the  New  York
   City    transit    authority   and the   metropolitan   transportation
   authority, in relation to extending certain  metropolitan  transporta-
   tion  authority  procurement provisions;  to amend the public authori-
   ties law, in relation to making  conforming  changes;  and  to  repeal
   subdivisions  1,  2, 3, 4 and 6 of section 1209 of the public authori-
   ties law,  relating  to  contracts  for  public  work  and  purchasing
   contracts  (Part C); to amend the public authorities law and the state
   finance law, in relation to alignment of transit fare costs; to  amend
   the  state  finance  law, in relation to establishing the Metropolitan
   transportation authority schoolfare  assistance  fund;  and  to  amend
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] 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
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 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
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 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:
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   (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
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 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.
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   (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
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 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
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   (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.